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THE 3/6 fiM
LIFE
OF V
MARCUS TUJLE.IUS CICERO
BY
CONYERS MIDDLETON, D. D.
PRINCIPAL LIBRARIAN TO THE UNIVERSITY OF CAM3RIDGE.
liunc igitur spectemus. Hoc propositum sit nobis exemplum.
Ilk se frofecisss sciat^ cue Cicero valde placebit.
QuiNTIL. TnSTIT. 1. X. I,
A NEW EDITION>
VOL. I.
JLonDon : '
'RINTED for VERNOR and hood, J. eUTHELL, J. V/ALKKRj
OTRIDGE AND SON, LACKINGTON, ALLEN AND CO-,
OOILVY AND SON, R. FAULDER, R. LEA, J. NUNN, _
J. CUMMING, AND E. JEFFREY '
By J. Moir, Edinburgh.
IbOI,
vi^..--^\->
TO THE RIGHT HONOURABLE
LORD KEEPER OF HIS MJyESTT^S FRIVY SEAL,
MY LORD,
JL HE public will naturally expect, that, in chusing
a Patron for the Life of Cicero, I should address
myself to some person of illustrious rank, distin-
guished by his parts and eloquence, and bearing a
principal share in the great affairs of the nation ;
who, according to the usual stile of dedications, might
be the proper subject of a comparison with the hero
of my piece. Your Lordship's name will confirm
that expectation, and your character will justify me
in running some length into the parallel; but m}^
experience of your good sense forbids me the at-
tempt. For your Lordship knows what a disadvan-
tage it would be to any character, to be placed in
the same hght with that of Cicero; that all such
comparisons must be invidious and adulatory ; and
that the following history will suggest a reason in
every page, why no man now hving can justly be
compared with him.
I do not impute this to any superiority of parte
or genius, peculiar to the ancients ; for jbuman na-
Vol, I. a
Vi DEDICATION'.
ture has ever been the same in all ages and nations,
and owes the difference of its improvements to a
difference only of culture, and of the rewards pro-
posed to its industry : where these are the most
amply provided, there we shall always find the most
numerous and shining examples of human perfec-
tion. In old Rome, the public honours wereilaid
open to the virtue of every citizen ; which, by rais-
ing them in their turns to the command of that
mighty empire, produced a race of nobles superior
even to kings. This was a prospect that filled the
soul of the ambitious, and roused every faculty of
mind and body, to exert its utmost force : whereas
in modern states, men's views being usually confin-
ed to narrow bounds, beyond which they cannot
pass, and a partial culture of their talents being suf-
ficient to procure every thing that their ambition
can aspire to, a great genius has seldom either room
or invitation to stretch itself to its full size.
You see, my Lord, how much I trust to your good
nature, as well as good sense, when, in an epistle-de-
dicatory, the proper place of panegyric, I am depre-
ciating your abilities, instead of extolling them : but
I remember, that it is an history which I am offer-
ing to your Lordship, and it would ill become me,
in the front of such a work, to expose my veracity
to any hazard : and my head indeed, is now so full
of antiquity, that I could wish to see the dedicatory
stile reduced to that classical simplicity, with which
DEDICATION. VU
the ancient writers used to present their books to
their friends or patrons, at whose desire they^ were
written, or by whose authority they were pubUshed:
for this was the first use, and the sole purpose of a
dedication ; and as this also is the real ground of
my present address to your Lordship, so it will be
the best argument of my epistle, and the most a-
greeable to the character of an historian, to acquaint
the pubhc with a plain fact, that it was your Lord-
ship, who first advised me to undertake the Life of
Cicero; and when, from a diffidence of m.y strength,
and a nearer view of the task, I began to think my-
self unequal to the weight of it, your Lordship still
urged and exhorted me to persist, till I had mould-
ed it into the form in which it now appears.
Thus far your Lordship was carried by that love
for Cicero, which, as one of the best critics of an-
tiquity assures us, is the undoubted proof of a true
taste. I wish only, that the favour, which you have
since shewn to my English Cicero, may not detract
from that praise which is due to your love of the
Roman : but whatever censure it may draw upon
your Lordship, I cannot prevail with myself to con-
ceal what does so much honour to my work ; that,
before it went to the press, your Lordship not only
saw and approved, bur, as the sincerest mark of your
approbation, corrected it. It adds no small credit
to the history of Polybius, that he professes to have
been assisted in it by Scipio and L.elius; and even
a 2
VlU DEDICATION,
Terence's stile was made the purer, for its being re-
touched by the same great hands. You must par-
don me, therefore, my Lord, if, after the example of
those excellent authors, I cannot forbear boasting,
that some parts of my present work have been
brightened by the strokes of your Lordship's pencil.
It was the custom of those Roman nobles, to
spend their leisure, not in vicious pleasures, or trif-
ling diversions, contrived, as we truly call it, to kill
the time; but in conversing with the celebrated
wits and scholars of the age : in encouraging other
people's learning, and improving their own : and
here your Lordship imitates them with success, and,
for love of letters and politeness, may be compared
with the noblest of them. For your house, like
theirs, is open to men of parts and merit ; where I
have admired your Lordship's agreeable manner of
treating them all in their own way, by introducing
questions in literature, and varying them so artfully,
as to give every one an .opportunity, not only of
bearing a part, but of leading the conversation in
his turn. In these liberal exercises you drop the
cares of the statesman ; relieve your fatigues in the
senate ; and strengthen your mind, while you re-
lax it.
Encomiums of this kind, upon persons of your
Lordship's quality, commonly pass for words of
course, or a fashionable language to the great, and
DEDICATION. . IX
malce little impression on men of sense, who know
learning, not to be the fruit of wit or parts, for there
your Lordship's title would be unquestionable, but
an acquisition of much labour and study, which the
nobles of our days are apt to look upon as incon-
sistent with the ease and splendour of an elevated
fortune, and generally leave to men of professions
and inferior life. But your Lordship has a different
way of thinking, and, by your education in a pub-
lic school and university, has learnt, from your ear-
liest youth, that no fortune can exempt a man from
pains, who desires to distinguish himself from the
vulgar: and that it is a folly, in any condition of life,
to aspire to a superior character, without a superior
virtue and industry to support it. What time there-
fore others bestow upon their sports, or pleasures,
or the lazy indolence of a luxurious life, your Lord-
ship applies to the improvement of your knowledge;
and in those early hours, when all around you are
hushed in sleep, seize the opportunity of that quiet,
as the most favourable season of study, and frequent-
ly spend an useful day before others begin to enjoy it.
I am saying no more, my Lord, than what I know,
from my constant admission to your Lordship in my
morning visits, before good manners would permit
me to attempt a visit any where else ; where I have
found you commonly engaged with the classical
writers of Greece or Rome ; and conversing with
a 3
JC DEDICATION,
those very dead, with whom Scipio and L^lius us-
ed to converse so familiarly when living. Nor does
your Lordship assume this part for ostentation or
amusement only, but for the real benefit both of
yourself and others ; for I have seen the solid ef-
fects of your reading, in your judicious reflections
on the policy of those ancient governments, and
have felt your weight even in controversy, on some
of the most delicate parts of their history.
There is another circumstance peculiar to your
Lordship, which makes this task of study the easier
to you, by giving you not only the greater health,
but the greater leisure to pursue it ; I mean that
singular temperance in diet, in which your Lord-
ship perseveres with a constancy superior to every
temptation that can excite an appetite to rebel ;
and shews a firmness of mind, that subjects every
gratification of sense to the rule of right reason.
Thus, with all the accomplishments of the nobleman,
you lead the life of a philosopher ; and, while you
shine a principal ornament of the court, you prac-
tise the discipline of the college.
In old Rome there were no hereditary honours ;
but when the virtue of a family was extinct, its ho-
nour was extinguished too ; so that no man, how
nobly soever born, could arrive at any dignity, who
did not win it by his personal merit : and here a-
gain your Lordship seems to have emulated that an^
cient spirit ^ for, though born to the first honours of
DEDICATION. xl
your country, yet, disclaiming as it were your birth-
right, and putting yourself upon the footing of a
Roman, you were not content with inheriting, but
resolved to import new dignities into your family ;
and, after the example of your noble father, to open
your own way into the supreme council of the
kingdom. In this august assembly, your Lordship
displays those shining talents, by which you acquir-
ed a seat in it, in the defence of our excellent esta-
blishment ; in maintaining the rights of the people,
yet asserting the prerogative of the Crown ; mea-
suring them both by the equal balance of the laws ;
which, by the provident care of our ancestors, and
the happy settlement at the Revolution, have so
fixed their just limits, and moderated the extent of
their influence, that they mutually defend and pre-
serve, but can never destroy each other, without a
general ruin.
In a nation like ours, which, from the natural ef-
fect of freedom, is divided into opposite parties,
though particular attachments to certain principles,
or friendships with certain men, will sometimes
draw the best citizens into measures of a subordi-
nate kind, which they cannot wholly approve ; yet
whatever envy your Lordship may incur on that
account, you will be found, on all occasions of trial,
a true friend to our constitution both in church and
state : which I have heard you demonstrate with
great force, to be the bulwark of our common peace
a4
Xn DEDICATION.
and prosperity. From this fundamental point, no
engageme Its will ever move, or interest draw you ;
and ttiough men inflamed by opposition are apt to
charge each other with designs, which were never
dreamt of perhaps by either side ; yet if there be
any, who know so little of you, as to distrust your
principles, they may depend at least on your judg-
ment, that it can never suffer a person of your Lord-
ship's rank, born to so large a share of the property,
as well as the honours of the nation, to think any
private interest an equivalent for consenting to the
ruin of the public.
I mention this, ray Lord, as an additional reason
for presenting you with the Life of Cicero : for
were I not persuaded of your Lordship's sincere love
of liberty, and zeal for the happiness of your fellow-
citizens, it would be a reproach to you to put into
your hands the life of a man, who, in all the variety
of his admirable talents, does not shine so glorious
in any, as in his constant attachment to the true
interests of his country, and the noble struggle that
he sustained, at the expence even of his life, to a-
vert the impending tyranny that finally oppressed it.
But I ought to ask your Lordship's pardon for
dwelling so long upon a character, which is known
to the whole kingdom, as well as to myself; not
only by the high office which you fill, and the emi-
nent dignity that you bear in it, but by the sprigh^-
DEDICATION. Xlil
iy compositions of various kinds, with which your
Lordship has often entertained it. It would be a
presumption, to think of adding any honour to your
Lordship by my pen, after you have acquired so
much by your own. The chief design of my epis-
tle is, to give this public testimony of my thanks for
the signal marks of friendship, with which your
Lordship has long honoured me ; and to interest
your name, as far as I can, in the fate and success
of my work ; by letting the world know what a
share you had in the production of it ; that it owed
its being to your encouragement ; correctness, to
your pencil; and, what many will think the most
substantial benefit, its large subscription to your
authority. For though, in this way of publishing
it, I have had the pleasure to find myself supported
by a noble list of generous friends, who, without be-
ing solicited, or even asked by me, have promoted
my subscription with uncommon zeal, yet your
Lordship has distinguished yourself the most emi-
nently of them, in contributing not only to the num-
ber, but the splendour of the names that adorn it.
Next to that little reputation with which the
public has been pleased to favour me, the benefit
of this subscription is the chief fruit that I have e-
ver reaped from my studies. I am indebted for the
first to Cicero, for the second, to your Lordship : it
was Cicero, who instructed me to write ; your
XlV DEDICATIOK.
Lordship, who rewards me for writing : the same
motive therefore, which induced me to attempt the
history of the one, engages me to dedicate it to the
other ; that I may express my gratitude to you
both, in the most effectual manner that I am able,
by celebrating the memory of the dead, and ac-
knowledging the generosity of my living benefac
tor.
I have received great civilities, on several occa-
sions, from many noble persons, of which I shall
ever retain a most grateful sense : but your Lord-
ship's accumulated favours have long ago risen up
to the character of obhgations, and made it my
perpetual duty, as it had always been my ambition,
to profess myself with the greatest truth and re-
spect,
MY LORP,
Your Lordship's
Most obliged
And devoted Servant,
CONYERS MIDDLETOK.
PREFACE,
There is no part of history, which seems capable of yield-
ing either more instruction or entertainment, than that which
offers to us the select lives of great and virtuous men, who
have made an eminent figure on the public stage of the world*
In these we see, at one view, what the annals of a whole age
can aiford, that is worthy of notice j and, in the wide field of
universal history, skipping as it were over the barren places,
gather all its flowers, and possess ourselves at once of every
thing that is good in it.
But there is one great fault, which is commonly observed
in the writers oi particular lives ; that they are apt to be par-
tial and prejudiced in favour of their subject, and to give us
a panegyric instead of a history. They work up their cha-
racters as painters do their portraits 5 taking the praise of
their art to consist, not in copying, but in adorning nature ;
not in drawing a just resemblance, but in siving a fine pic-
ture ; or exalting the man into the hero : And this indeed
seems to flow from the nature of the thing- itself, where the
very inclination to write is generally grounded on a preposses-
sion, and an affection already contracted for the person, whose
history we are attempting ; and when v/e sit down to it with
the disposition of a friend, it is natural for us to cast a shade
over his failings ;■ — to give the strongest colouring to his vir-
tues ; — and, out of a good character, to endeavour to draw a
perfect one.
I am sensible that this is the common prejudice of Biogra-
phers, and have endeavoured therefore to divest myself of it,
as far as I was able j yet dare not take upon me to affirm.
SVU PREFACE.
that T have kept myself wholly clear from it ; but shall leave
the decision of that point to the judgment of the Reader j for
I must be so ingenuous as to own, that, when I formed the
plan of this work, I was previously possessed with a very fa-
vourable opinion of Cicero ; which, after the strictest scruti-
ny, has been greatly confirmed and heightened in me ; and, in
the case of a shining character, such as Cicero's, I am per-
suaded, will appear to be, it is certainly more pardonable to
exceed rather in our praises of it, out of a zeal for illustrious
merit, than to be reserved in doing justice to it, through a
fear of being thought partial. But, that I might guard my-
se;lf equally from both the extremes, I have taken care always
to leave the facts to speak for themselves, and to affirm no-
thing of any moment without an authentic testimony to sup-
port it ; which yet, if consulted in the original at its full
length, vv'ill commonly add more light and strength to what is
advanced than the fragments quoted in the margin, and the
brevity of notes would admit.
But whatever prejudices may be suspected to adhere to the
writer, it is certain, that, in a work of this nature, he would
have many more to combat in the Reader. The scene of it is
laid in a place and age, which are familiar to us from our
childhood; We learn the names of all the chief actors at school,
and chuse our several favourites according to our tempers or
fancies ; and, when we are least able to judge of the merit of
them, form distinct characters of each, which we frequently
retain through life. Thus, Marius, Sylla, Caesar, Pompej^,
Cato, Cicero, Brutus, Antony-, have all their several advo-
cates, zealous for their fame, and ready even to quarrel for
the superiority of their virtues. But, among the celebrated
names of antiquity, those of the great Conquerors and Gene-
rals attract oiyr admiration always the most, and imprint a
notion of magnanimity and power, and capacity for dominion,
superior to that of other mortals : We look upon such as des-
tined by heaven for empire, and born to trample on their fel-
iow-creatures, without reflecting on the numerous evils which
are necessary to the arc;uiL-ition of a glory which is built up-
PREFACE. XVI?.
Oil the subversion of nations, and the destruction of the hu-
man species Yet these are the only persons who are thought
to shine in history, or to merit the attention of the Reader ;
Dazzled with the splendour of their victories, and the pomp
of their triumphs, we consider them as the pride and orna-
ments of the Roman name ; while the pacific and civil charac-
ter, though of all others the most beneficial to mankind, whose
sole ambition is, to support the laws, the rights, and liberty
of his citizens, is looked upon as humble and contemptible on
the comparison, for being forced to truckle to the power of
these oppressors of their country.
In the following history, therefore, if I have happened to
affirm any thing that contradicts the common opinion, and
shocks the prejudices of the Reader, 1 must desire him to at-
tend diligently to the authorities on which it is grounded j and
if these do not give satisfaction, to suspend his judgment still
to the end of the work, in the progress of which, many facts
will be cleared up that may appear at first perhaps uncertain
and precarious ; ant?, in every thing, especially that relates to
Cicero, I would recommend to him, to contemplate the whole
character, before he thinks himself qualified to judge of its se-
parate parts, on which the whole will always be found the su-
rest comment.
QuiNTlLiAN has given us an excellent rule in the very case,
that we should be " modest and circumspect in passing a judg-
" ment on men so illustrious, lest, as it happens to the gene-
'* rality of censurers, we be found at last to condemn what we
*' do not understand*." There is another reflection likewise
very obvious, which yet seldom has its due weight j that a
writer on any part of history, which he has made his parti-
cular study, may be presumed to be better acquainted with it
than the genersility of his readers ; and when he asserts a fact
that does not seem to be Well grounded, it may fairly be im-
puted, till a good reason appears to the contrary, to a more
* Modeste tamen & circumspecto juJicio dt taucibviris pionuncirfiiduni esf,
^ ne, quod plcrisque accidie, damccut, quse i.on intclligMU. Quuit.l. lu-
stit. X. I.
SVlll. PREFACE.
extensive view of his subject, which, by making it clear to
himself, is apt to persuade him that it is equally clear to
every body else ; and that a fuller explication of it would con-
sequently be unnecessary. If these considerations, which are
certainly reasonable, have but their proper influence, I flatter
myself, that there will be no just cause to accuse me of any
culpable biass in my accounts of things or persons, or of any
other favour to the particular character of Cicero, than what
common humanity will naturally bestow upon every charac-
ter, that is found upon the whole to be both great and good.
In drawing the characters of a number of persons, who all
lived in the same city, at the same time, trained by the same
discipline, and engaged in the same pursuits, — As there must
be many similar strokes, and a general resemblance in them
all, so the chief diflSculty will be, to prevent them from run-
ning into too great an uniformity. This I have endeavoured
to do, not by forming ideal pictures, or such as would please
or surprise, but by attending to the particular facts which his-*
tory has delivered of the men, and tracing them to their source^
cr to those correspondent aflfections from which they derived
their birth ; for these are the distinguishing features of the
several persons, which, when duly represented, and placed in
their proper light, will not fail to exhibit that precise diflfe-
rence in which the peculiarity of each character consists.
As to the nature of my work, though the title of it carries
nothing more than the History of Cicero's Life, yet it
might properly enough be called, the History of Cicero*?
Times ; since, from his first advancement to the public Ma-
gistracies, there was not any thing of moment transacted in
the state, in which he did not bear an eminent part ; so that,
to make the whole work of a piece, I have given a summary
account of the Roman affairs, during the time even of his mi-
nority ; and, agreeably to what I promised in my proposals,
have carried on a series of history, through a period of above
sixty years, which, for the importance of the events, and the
dignity of the persons concerned in them, h by far i!ie mo f
interesting of any in the annals of Rome,
PREFACE. XlX*
. In the execution of this design, I have pursued, as closely
as I could, that very plan which Cicero himself had sketched
out for the model of a complete history ; where he lays it
down, as a fundamental kw, " that the writer should not dare
" to affirm what was false, or to suppress what was true ;
" nor give any suspicion either of favour or disaffection r
'* That, in the relation of facts, he should observe the arder
*' of time, and sometimes add the description of places ; should
*' first explain the councils ; then the acts ; and, lastly, the
*' events of things : — That, in the councils, he should inter-
*' pose his own judgment on the merit of them ; in the acts,
^* relate not only what was done, but how it was done ; in
" the events, shew what share chance, or rashness, or pru-
** dence, had in them : — That he should describe likewise the
*' particular characters of all the great persons who bare any
*' considerable part in the story ; and should dress up the
*' whole in a clear and equable stile, without affecting any or-
*' nament, or seeking any other praise but of perspicuity."
These were the rules that Cicero had drawn up for himself
when he was meditating a general History of bis Country ^ as
I have taken occasion to mention more at large in its proper
place.
But, as I have borrowed my plan, so I have drawn my ma-
terials also from Cicero, whose works are the most authentic
monuments that remain to us of all the great transactions of
that age, being the original accounts of one, who himself was
not only a spectator, but a principal actor in them. There is
not a single part of his writings which does not give some
light, as well into his own history, as into that of the Repub-
lic : But \i\s familiar Letters , and above all those to Atticus,
may justly be called the Memoirs of the Times \ for they con-
tain not only a distinct account of every memorable event, but
lay open the springs and motives whence each of them pro-
ceeded ; so that, as a polite writer, who lived in that very
age, and perfectly knew the merit of these Letters^ says, " the
Xi. PREFACE.
" man who reads them, will have no occasion for any other
" history of those times*."
My first business, therefore, after I had undertaken this
task, was to read over Cicero's works, with no other view
than to extract from them all the passages that seemed to have
any relation to my design : Where the tediousness of collect-
ing an infinite number of testimonies, scattered through many
different volumes j of sorting them into their classes, and ran-
ging them in proper order ; the necessity of overlooking ma-
ny in the first search, and the trouble of retrieving them in a
second or third ; and the final omission of several through for-
getfulness or inadvertency ; — have helped to abate that won-
der, which had often occurred to me, why no man had ever
attempted the same work before me, or, at least, in this en-
larged and comprehensive form, in which it is now offered to
the public.
In my use of these materials, I have chosen to insert as
many of them as I could into the body of my work, imagin-
ing, that it would give both a lustre and authority to a sen-
timent, to deliver it in the person and the very words of Ci-
cero ; especially if they could be managed so as not to appear
to be sewed on like splendid patches, but woven originally in-
to the text, as the genuine parts of it. With this view, I
have taken occasion to introduce several of his Letters, with
large extracts from such of his Orations as give any particu-
lar light into the facts, or customs, or characters, described
in the history, or which seemed, on any other account, to be
curious and entertaining. The frequent introduction of these
may be charged perhaps to laziness, and a design of shorten-
ing my pains, by filling up my story with Cicero's words in-
stead of my own : But that was not the case, nor has this part
of the task been the easiest to me ; as those will readily be-
lieve, who have ever attempted to translate the classical wri-
* Scxdecim volumina Epistulorum ab Consulatu ejus usque ad extremum
tcmpus ad Atticum missarum ; qure qui Itgat, non multutu desideret histori-
am contextam eorum temporum. Sic cnim omnia de studiis principum, vitiis
tlucum, ac mutationibui Reipub. peiscripta sunt, ut nihil it^ his uon appareat.
Corn. Nep. in Vit. Attici, 16,
PREFACE. XXl
ters of Greece and Rome, where the difficulty is^ not so much
to give their sense, as to give it in their language ; that is, in
such as is analogous to it, or what they might be supposed to
speak if thej were living at this time, since a splendoiir of
stile, as well as of sentiments, is necessary to support the idea
of a fine writer While I am representing Cicero, therefore,
as the most eloquent of the ancients, flowing with a perpetual
ease and delicacy, and fulness of expression, it would be ridi-
* culous to produce no other specimen of it but what was stiff
and forced, and offensive to a polite reader : Yet this is gene-
rally the case of our modern versions, where the first wits of
antiquity are made to speak such English as an Englishman of
taste would be ashamed to write on any original subject. Ver-
bal translations are always inelegant*, and necessarily destroy
all the beauty of language ; yet, by departing too wantonly
from the letter, we are apt to vary the sense, and mingle
somewhat of our own : Translators of low genius never reach
beyond the first, but march from word to word, without ma-
king the least excursion, for fear of losing themselves ; while
men of spirit, who prefer the second, usually contemn the
mere task of translating, and are vain enough to think of im-
proving their author. I have endeavoured to take the middle
way, and made it my first care always to preserve the senti-
ment ; and my next, to adhere to the words^ as far as I was
able to express them, in an easy and natural stile ; which I
have varied still agreeably to the different subject, or the kind
of writing on which I was employed ; and T persuade myself^
that the many original pieces which I have translated from
Cicero, as they are certainly the most shining, so will be
found also the most useful parts of my work, by introducing
the Reader the oftener into the company of one with whom
no man ever convers ed, as a very eminent writer tells us,
without coming away the better for itf.
* Ncc tamen exprJmi verbum e verbo necessc erit, ut interpretes idiserti so-
lent. Cic. de Finib. 3, 4.
f Quis autem sumpsit hujus libros in manum, quin surrexerit animo seda-
tiore ? Erasm. Ep. ad jo, Uliatten —
Vol. I. b
XHU r R E F A C E.
After I had gone through my review of Cicero's writing^y
my next recourse was to the other Ancients, both Greeks and
Romans, who had touched upon the affairs of that age. These
served me chiefly to fill up the interstices of general history^
and to illustrate several passages which were but slightly men-
tioned by Cicero, as well as to add some stories and circum-
stances, wjiich tradition had preserved, concerning either Ci-
cero himself, or any of the chief actors whose 'characters I
had delineated.
But the Greek Historians, who treat professedly of these
times, Plutarch, Appian, Dio, though they are all very use-
ful for illustrating many important facts of ancient history,
which v/ould otherwise have been lost, or imperfectly trans-
mitted to us, are not yet to be read without some caution, as
being strangers to the language and customs of Rome, and li-
able to frequent mistakes, as well as subject to prejudices, in
their relation of Roman affairs. Plutarch lived from the reign
of Claudius to that of Hadrian, in which he died very old, in
the possession of the priesthood of the Delphic Apollo : And^
though he is supposed to have resided in Rome near forty
years at different times, yet he never seems to have acquired
a sufficient skill in the Roman language, to qualify himself
for the compiler of a Roman History. But, if we should al-
low him all the talents requisite to an historian, yet the at-
tempt of writing the Lives of all the illustrious Greeks andRo^
mans, was above the strength of any single man, of what abi-
lities and leisure soever ; much more of one who, as he him-
self tells us, was so engaged in public business, and in giving
lectures of philosophy to the great men of Rome, " that he
** had not time to make himself master of the Latin tongue,
*' nor to acquire any other knowledge of its words than what
** he had gradually learnt by a previous use and experience of
** things *." His work, therefore, from the very nature of
it, must needs be superficial and imperfect, and the sketch ra-
ther than the completion of a great design. «
* Vid. Plutarch, in Vit. Deino>then. Init. et Vit. Plutarchi ter Rualdiau.
c. 14.
PREFACE. • SXIU
, This we find to be ectually true in his account of Cicero's
LlPE, where, besides the particular mistakes that have been
charged upon him bj other writers, we see all the marks of
haste, inaccuracy, and -^ant of due information, from the po-
verty and perplexity of the whole performance. He huddles
over Cicero's greatest acts in a summary and negligent man-
ner, yet dv/ells upon his dreams and \{\s jests, which, for the
greatest part, were probably spurious ; and, in the last scene
of his life, which was of all the most glorious, when the whole
councils of the empire, and the fate and liberty of Rome, rest-
ed on his shoulders, there he is more particularly trifling and
empty ; where he had the fairest opportunity of displaying
his character to advantage, as well as of illustrating a curious
part of history, which has not well been explained by any
writer, though there are the amplest materials for it in Cice-
ro^s Letters and Philippic Orations^ of which Plutarch appears
to have made little or no use.
Appian flourished likewise in the reign of Hadrian*, and
came to Rome probably about the time of Plutarch's death,
yhile his works were in every body's hands, which he had
made great use of, and seems to have copied very closely in
the most considerable passages of his history.
Dio Cassius lived still later, from the time of the Anto-
nines to that of Alexander Sever us ; and, besides the excep-
tions that lie against him in common with the other two, is
observed to have conceived a particular prejudice against Ci~
cero; whom he treats on all occasions with the utmost ma-
lignity. The most obvious cause of it seems to be, his tnvj
to a man, who for arts and eloquence was thought to eclipse
the fame of Greece ? and, by explaining all the parts of philo-
sophy to the Romans in their own language, had superseded
in some measure the use of the Greek learning and lectures at
Rome, to which the hungry wits of that nation owed both
their credit and their bread. Another reason, not less pro-
bable, may be drawn likewise from Dio's character and prin-
ciples, which were wholly opposite to those of Cicero : he
* Vvi. App. de Bell. civ. I. 2. p. 481.
b ?.
XXlV PREFACE.
flourished under the most tyrannical of the emperors, by whom
he was advanced to great dignity ; and, being the creature of
despotic power, thought it a proper cotnpliment to it, to de-
preciate a name so highly revered for its patriotism ; and
whose writings tended to revive that ancient zeal and spirit
of liberty, for ^vhich the people of Rome were once so cele-
brated : for we find him taking all occasions in his history,
to prefer an absolute and monarchial government, to a free and
democratical one, as the most beneficial to the Roman state *.
These were the grounds of Dio's malice to Cicero^ which
is exerted often so absurdly, that it betrays and confutes itself.
Thus, in the debates of the senate about Antony, he dresses up
a speech for Fusius Calenus, filled with all the obscene and
brutal ribaldry against Cicero, that a profligate mind could in-
vent ; as if it were possible to persuade any man of sense,
that such infamous stuff could be spoken in the senate, at a
time when Cicero had an entire ascendant in it, who at no
time ever suffered the least insult upon his honour, without
chastising the agressor for it upon the spot : whereas Cicero's
speeches in these very debates, which are still extant, shew,
that though they were managed with great warmth of opposi-
tion, yet it was always with decency of language between him
and Calenus ; whom, while he reproves and admonishes with
his usual freedom, yet he treats with civility, and sometimes
even with compliments f.
But a few passages from Dio himself will evince the jus-
tice of this censure upon him : " he calls Cicero's father, a
** Fuller, who yet got his liveliehood," he says, " by dressing
" other people's vines and olives ; that Cicero was born and
*' bred amidst the scourings of old clothes, and the filth of
** dunghills ; that he was master of no liberal science, nor e-
* Vid Dio. 1. 44. init.
f Nam quod me tecum Iracunde agere dixisti solere, non est Ita. Vehe-
menter mc agere fateor ; iracunde nego : omnino irasci amicis non temereso-
leo, ne si merentur quidtm. Itaque sine verborum contumelia a te dissentire
possum, sine animi sunimo dolore non possum. [Phil, 8. 5.] Satis multo cum
Fusio, ac sine odio omnia; nihil sine dolore. [lb. 6 j Quapropter ut invitus
*aepe disscnsi a Q^ Fusio, ita sum libenter assensus ejus sententiae : ex quo ju-
dicare debetis me non cum homine solere, sed cum causa dissidere, Itaque nou
asscntior solum, sed ctiam gratias ago C^Fusio, &c. Phil, xi. 6.
F R E r A C E. XXV
*^ ver did a single thing in his life, worthy of a great man, or
*^ an orator : that he prostituted his wife ; trained up his son
** in drunkenness ; committed incest with his daughter ; lived
^' in adultery with Cerellia ; whom he owns at the same time
^^ to he, seventy years oi'dX '" all v/hich palpable lies, with
many more of the same sort, that he tells of Cicero, are yet
full as credible as what he declares afterwards of himself, that
he was ad?nomshed and commanded by a vision from heaven,
against his own will and inclination, to undertake the task of
writing his own history ||.
Upon these collections from Cicero and the other ancients,
I finished the first draught of my history, before I began to
enquire after the modern writers, who had treated the same
subject before me, either in whole or in part. I was unwil-
ling to look into them sooner, lest they should fix any preju-
dice insensibly upon me, before I had formed a distinct judg-
ment on the real state of the facts, as they appeared to me
from their original records. For, in writing history, as in
travels, instead of transcribing the relations of those who have
trodden the same ground before us, we should exhibit a series
of observations peculiar to ourselves j such as the facts and
jdaces suggest to our own minds from an attentive survey
of them, without regard to what any one else may have deli-
vered about them : And though, in a production of this kind,
where the same materials are common to all, many things
must necessarily be said, which had been observed already by
others ; yet, if the author has any genius, there will always
be enough of what is new, to distinguish it as an original
work, and to give him a right to call it his own, which I flat-
ter myself will be allowed to me in the following History. In
this inquiry after the modern pieces, which had any connec-
tion with my argument, I got notice presently of a greater
number than 1 expected, which bore the title of Cicero's Life ;
but, upon running over as many of them as I could readily
meet with, I was cured of my eagerness for hunting out the
rest, since I perceived them to be nothing else but either tri-
\ Vid. Dio. 1. 46, p. Z95, &c. |1 Ibid. 1. 73. p. 8280
b 3
XXVI PREFACE,
fling panegyrics on Cicero's general character, or imperfect
abstracts of his principal acts, thrown together within the
compass of a few pages in duodecimo.
Tliere are two books, however, which have been of real
use to me, Sebastiani Corradi ^ucestiira^ and Af. T. Cicero-
nis Histo7'ia a Francisco Fabricio : The first was the work of
an Italian Critic of eminent learning, who spent a great part of
his life in explahiing Cicero's writings ; but it is rather an
Apology J or Cicero y than the History of his Life ; its chief
end being to vindicate Cicero's character from all the objec-
tions that have ever been made to it, and particularly from
the misrepresentations of Plutarch, and the calumnies of Dio.
The piece is learned and ingenious, and written in good La-
tin ; yet the dialogue is carried on with so harsh and forced
an allegory, of a Quaestor or Treasurer producing the seve-
ral testimonies of Cicero's acts, under the form oi genuine mo-
neyy in opposition to the spurious coins of the Greek histori-
ans, that none can read it with pleasure, few with patience :
The obseryatioas however are generally just and well ground-
ed, except that the author's zeal for Cicero's honour gets the
better sometimes of his judgment, and draws him into a de-
fence of his conduct, where Cicero himself has even condemn^
edit.
Fabricius's History is prefixed to several editions of Cice-
ro's works, and is nothing more than a bare detail of his acts
and writings, digested into exact order, and distinguished by
the years of Rome and of Cicero'' s Life, without any explica-
tion or comment, but what relates to the settlement of the
time, which is the sole end of the work. But, as this is ex-
ecuted with diligence and accuracy, so it has eased me of a
great share of that trouble, which I must otherwise have had,
in ranging my materials into their proper places ; in which
task, however, I have always taken care to consult also the
Annals of Pighius. '
I did not forget likewise to pay a due attention to the French
Authors, whose works happened to coincide with any part of
mine ; particularly, ^he Hi;tory of the Two Trii/rn'irates. ;
:P R E F A C E. " XXVll
*— q/" the RevoIutio?ts of the Roman Go'vernment ; and of the
Exile of Cicero — which are all of them ingenious and useful,
and have given a fair account of the general state of the
facts, which they profess to illustrate. But, as I had already
been at the fountain-head, whence they had all drawn their
materials, so the chief benefit that I received from them was,
to make me review with stricter care the particular passages
in which I differed from them, as well as to remind me of
some few things which I had omitted, or touched perhaps
more slightly than they deserved. But the author of the Exile
has treated his argument the most accurately of them, by sup-
porting his story, as he goes along, with original testimonies
from the old authors ; which is the only way of writing his-
tory that can give satisfaction, or carry conviction along with
it, by laying open the ground on which it is built ; without
which, history assumes the air of romance, and makes no o-
ther impression, than in proportion to our opinion of the judg-
ment and integrity of the compiler.
There is a little piece also in our own language, called, Oh^
serrations on the Life of CicerCj which, though it gives a very
diiferent account of Cicero from what I have done, jet T could
not but read with pleasure, for the elegance and spirit with
which it is written, by one who appears to be animated with
a warm love of virtue. But, to form our notions of a great
man, from some slight passages of his v>rritings, or separate
points of conduct, without regarding their connection with
the whole, or the figure that they make in his general cha-
racter, is like examining things in a microscope, which were
made to be surveyed in the gross ; every mole rises into a
mountain, and the least spot into a deformity, which vanish
again into nothing when we contemplate them through their
proper medium, and in their natural light, I persuade my-
self, therefore, that a person of this writer's good sense and
principles, when he has considered Cicero's whole history,
will conceive a more candid opinion of the man, who, after a
life spent in a perpetual struggle against vice, faction, and
tyranny, fell a martyr at last to the liberty of his country.
b 4
XXYIll If H E F A C E.
As I have had frequent occasion to recommend the use qf
Cicero's Inciters to Atticus, for their giving the clearest light
into the history of those times, so I must not forget to do jus-
tice to the pains of one, who, by an excellent translation and
judicious comnient upon them, has made that use more obvi-
ous and accessible to all : I mean the learned Mr Mongault,
who, not content with retailing the remarks of other con>-
nientators, or out of the rubbish of their volumes, with se-
lecting the best, enters upon his task with the spirit of a true
critic, and, by the force of his own genius, has happily illus-
trated many passages, which all the interpreters before him
had given up as inexplicable. But, since the obscurity of
these Letters is now in a great measure removed by the la-
bours of this gentleman, and especially to his own country-
men, for whose particular benefit, and in whose language he
"writes ; one cannot help wondering, that the Jesuits, Catrou
and Rouille, should not think it worth while, by the benefit
of his pains, to have made themselves better acquainted wit^
them ; which, as far as I am able to judge from the little part
of their history that I have had the curiosity to look into,
would have prevented several mistakes, which they have com^
mitted, with regard both to the facts and persons of the Ci-
ceronian age.
But, instead of making free with other people's mistakes,
it would become me perhaps better to bespeak some favou^c
for my ovm. An historian^ says Diodorus Siculos, may ea^
^ily he pardoned for slips of ignorance, since cdl men are liable
to them, and the truth hard to he traced from past and remote
ages ; hut those who neglect to inform themselves, afid, through
flattery to some, or hatred to others, hioiviugly deviate froiJi
the truth, justly deserve to he censured. For my part, I am
far from pretending to be exempt from errors : All that I can
say is, that I have committed none wilfully, and used all the
means which occurred to me, of defending mj-self against
them ; but, since there is not a single history, either ancient
or modern, that I have consulted on this occasion, in which \
cannot point out scA^eral, it would be arrogant in me to ima-'
P R E F A C 3S1* ^JUtt^
' gine, that the same insidvertency, or negligence, or want of
judgment, may not be discovered also in mine : If any man
therefore will admonish me of them with candour, I shall think
myself obliged to nim, as a friend to my work, for assisting
me to make it more perfect, and consequently more useful;
For my chief motive in undertaking it was, not to serve any
particular cause, but to do a general good, by offering to the
public the example of a character, which, of all that I am ac-
quainted with in antiquity, is the most accomplished with
every talent that can adorn civil life, ard the bcot fraught
with lessons of prudence and duty for all conditions of men,
from the prince to the private scholar.
If my pains therefore should have the eiFect, which I pro-
pose, of raising a greater attention to the name ana writings
of Cicero, and making them better understood and more fa-
miliar to our youth, I cannot fail of gaining my end ; for the
next step to admiring is, to imitate ; and it is not possible to
excite an aifection for Cicero, without instilling an affection,
gt the same tmie, for every thing that is laudable ; since how
much soever people may differ in their opinion of his conduct,
yet all have constantly agreed in their judgment of his works,
that there are none now remaining to us from the heathen
world, that so beautifully display, and so forcibly recommend,
all those generous principles that tend to exalt and perfect
human nature — the love of virtue, liberty, our country, and
of all mankind.
I cannot support this reflection by a better authority than
that of Erasmus, who, having contracted some prejudices a-
gamst Cicero whea young, makes a recantation of them when
old, in the following passage of a letter to his friend Ulat-
tenus*.
" When I was a boy, sajs he, J was fonder of Seneca than
** of Cicero ; and, tiU I was twenty years old, could not bear
"; to spend any time in reading him, while all the other wri-
** ters of antiquity generally pleased me. Whether myjudg^
*r' ment be improved by age, I know not ; but am certain
* Erasm. Ep. ad jo. Ulat, in Cic. Tuscul. Qiia;:>t.
XXX PREFACE.
" that Cicero never pleased me so much, when I was fond of
" those juvenile studies, as he does now, when I am grown
*' old, not only for the divine felicity of his stile, but the sanc-
*' tity of his heart and morals : In short, he has inspired my
" soul, and made me feel myself a better man. I make no
** scruple therefore to exhort our youth, to spend their hours
*' in reading and getting his books by heart, rather than in
*' the vexatious squabbles, and peevish controversies, with
*' which the world abounds. For my own part, though I am
*^ now in the decline of life, yet, as soon as 1 have finished
*' what I have in hand, 1 shall think it no reproach to me to
'* seek a reconciliation with my Cicero, and renew an old ac-
'* quaintance with him, which, for many years, has been un-
" happily intermitted."
Before I conclude this Preface, it will not be improper to
add a short abstract, ox generalidea of the Roman gov ermnentf
from its first institution by Romulus to the time of Cicero's
birth ; that those who have not been conversant in the affairs
of Rome, may not come entire strangers to the subject of the
following History.
The Constitution of Rome is very often celebrated by Ci-
cero, and other writers, as the most perfect of all governments,
being happily tempered and composed of the three different
sorts, that are usually distinguished from each other ; the-Mo'
narchical, the Aristocratical, and the Popular *. Their King
was elected by the people, as the head of the Republic, to be
their leader in war, the guardian of the laws in peace : The
Senate was his council, chosen also by the people, by whose
advice he was obliged to govern himself in all his measures ;
but the sovereignty was lodged in the body of the citizens, or
the general society, whose prerogative it was, to enact laws,
create magistrates^ declare war f , and to receive appeals in all
cases, both from the King and the Senate. Some writers have
denied this right of an appeal to the people ; but Cicero ex-
* Statuo es^^e optime constitutam Rempub. qure ex tribus j;:cncribus illis, re-
gali, optimo, & populari, cnnfusa modici. — Fragm. de Rep. 1.
Cum in illis de Repub. libri.s ptrsuadere videatur Africanus, omnium rerum
publicaium nostram veterem illam fuisse optiinlfm. De I,egib. 2. ic. Fc-
lyb.l. 6. p.46^. Dion. Hal. 1. 2. 82. ^ t I^^on- Hal. i. S7.
PREFACE* XXXI
J)ressly mentions it among the Regal Constitutions, as old as
the foundation of the city *j which he had demonstrated more
at large in his Treatise on the Republic ; whence Seneca has
quoted a passage in confirmation of it, and intimates, that the
same right was declared likewise in the pontifical hooks \
Valerius Maximus gives us an instance of it, which is con-
firmed also by Livy, that " Horatius being condemned to die
^' by King Tullus, for killing his sister, was acquitted upon
'' his appeal to the people |."
This was the original Constitution of Rome, even under
their Kings ; for, in the foundation of a state, where there
was no force to compel, it Vv^as necessary to invite men into it
by all proper encouragements ; and none could be so effectual
as the assurance of liberty, and the privilege of making their
own laws II . But the Kings, by gradual encroachment, ha-
ving usurped the whole administration to themselves, and, by
the violence of their government, being grown intolerable to
a city trained to liberty and arms, were finally expelled by
a general insurrection of the Senate and the people. This was
the ground of that invincible fierceness, and love of their coun-
try, in the old Romans, by which they conquered the world :
For the superiority of their civil rights, naturally inspired a
superior virtue and courage to defend them, and made them,
of course, the bravest, as long as they continued the freest,
of all nations.
By this revolution of the government, their old constitu-
tion was not so much changed, as restored to its primitive
* Nam cum a primo urbis ortu, regiis institutis, partim etiam leg^ibiis, au5-
spicia, casremonije. Qomitvi.., provocationes — divinitus essent insticuta. Tusc.
Qnasst. 4. I.
t Cum Clceronls libros de Repub. prehendit— — notaf, Provocat'rovem ad po-
pulum etiam a regibus fuisse. id ita in Pontifcalibus libris aliqui putant & Fe^
iiefteila. Senec. £p. rc8.
\ M. Horatius interfectx sororls crimine a Tullo Rege damnatus, ad popu-
ium provocate judicio absolutus est. Val. Max. 1. 8 I. vid. IJv, i. if^.
I) Romulus seems to have borrowed the plau of his new State from the old
government of Athens, as it was instituted by Theseus ; who prevailed with
the dispersed tribes and families of Attica to form them.^elve^ into one city, and
live within the same walls, under a free and popular government; distribu-
ting its rights and honours promiscuously to them all, and reserving no other
prerogative to himself but to be their Captain in luar, and the Guardian qf their
UzvSf &c. Vid. Plutarch, in Theseo, p. xi.
XtXll PREFACE.
State : for though the name of king was abolished, yet the ,
power was retained ; with this only difference, that instead of
a single person chosen for life, there were two chosen annual^
ly whom they called Consuls ; invested with all the preroga-
tives and ensigns of royalty, and presiding in the same manner
in all the affairs of the republic * : when, to convince the citi-
zens, that nothing was sought by the change, but to secure
their common liberty, and to establish their sovereignty a-
gain on a more solid basis, one of the first consuls, P. Vale-
rius Poplicola, confirmed by anew law their fundamental right
of an appeal to them in all cases ; and, by a second law, made
it capital for any man to exercise a magistracy in Rome, with-
out their special appointment f: and, as a public acknowledge-
ment of their supreme authority, the same consul never ap-
peared in any assembly of the people, without bowing his fas-
ces or maces to them ; which was afterwards the constant prac-
tice of all succeeding consuls :|:. Thus the republic reaped all
the benefit of a kingly government, without the danger of it ?
since the consuls, whose reign was but annual and accountable'
could have no opportunity of invading its liberty, and erecting
themselves into tyrants.
By the expulsion of the kings, the city w^as divided into two
great parties, the Aristocratical and, the Popular ; or the Se-
nate and tJj^ plebeians \\ ; naturally jealous of each other's
power ; and desirous to extend their own : but the nobles or
patricians, of whom the senate was composed, were the most
immediate gainers by the change, and, with the consuls at their
head, being now the first movers and administrators of all the
deliberations of the state, had a great advantage over the peo-
ple ; and within the compass of sixteen years became so inso-
* Sed quoniam regale civitatis genus, probatum quondam, non tarn regni,
uam regis vitiis repudiatum est ; nomen tamen videbitur regis repudiatuni,
es manebit, si unus omnibus reliquis niagistratibus imperabit. De Legib. 3, 7,
t Dionys. Kal. 5. 292.
^ Vccato ad concilium populo, summissis fascibus in concionem ascendit,
Liv 2. 7.
II Duo genera semper in hac civitate fuerunr, ex quibus alteri $e popu-
lares, alteri optimatcs & haberi Si. esse voluerunt. Qui ea, qu:E faciebant, qu^e-
que dicebant, jucunda multitudini ejse vii^ebant, populares ; qui autem ita se
gerebant, ut sua consilia optiuio cuique probarent optimateo habebantur, Frq
Sext. 45.
PREFACE. XXvi'
lent and oppressive, as to drive the body of tlje plebeians to
that secession into the sacred mount, whence they could not
consent to return, till they had extorted a right of creating a
new order of magistrates, of their own body, called Trihtmes
invested with full powers to protect them from all injuries,
and whose persons were to be sacred and inviolable *.
The plebeian party had now got a head exactly suited to their
purpose ; subject to no controul ; whose business it was to
fight their battles with the nobility ; to watch over the liber-
ties of the citizens ; and to distinguish themselves in their
annual office, by a zeal for the. popular interest, /in opposition
to the aristocratic al : who, from their first number fii}e, be-
ing increased afterwards to ten, never left teazing the senate
with fresh demands, till they had laid open to the plebeian fa-
milies a promiscuous right to all the magistracies of the re-
public, and by that means a free admission into the senate.
Thus far they were certainly in the right, and acted like
true patriots ; and after many sharp contests had now brought
the government of Rome to its perfect state ; when its ho-
nours were no longer confined to particular families, but pro-
posed equally and indifierently to every citizen ; who by his
virtue and services, either in war or peace, could recommend
himself to the notice and favour of his countrymen : while
the true balance and temperament of power between the se-
nate and people, which was generally observed in regular times,
and which the honest wished to establish in all times, was
that the senate should be the authors and advisers of all the
public councils, but the people give them their sanction and
legal force.
The tribunes however would not stop here ; nor were con-
tent with securing the rights of the commons without destroy-
ing those of the senate ; and as oft as they were disappointed
in their private views, and obstructed in the course of their
ambition, used to recur always to the populace ; whom they
could easily inflame to what degree they thought fit, by the
* Dion, Hal. 6, 410.
XXXlV PREFACE*
proposal of factious laws for " dividing the public lands to the
*' poorer citizens ; or by the free distribution of corn ; or the
^^ abolition of all debts ;" which are all contrary to the quiet,
and discipline, and public faith of societies. This abuse of the
tribunician power was carried to its greatest height by the
two Gracchi, who left nothing unattempted, that could morti-
fy the senate, or gratify the people f ; till, by their Agrarian
laws, and other seditious acts, which was greedily received by
the city, they had in a great measure overturned that equili-
brium of power in the republic, on w^hich its peace and pro-
sperity depended.
But the violent deaths of these two tribunes, and of their
principal adherents, put an end to their sedition ; and was the
first civil blood that was spilt in the streets of Rome, in any
of their public dissensions ; which till this time had always
been composed by the methods of patience and mutual con-
cessions. It must seem strange to observe, how these two
illustrious brothers, who, of all men, were the dearest to the
Roman people, yet, upon the first resort to arms, were several-
ly deserted by the multitude, in the very height of their au-
thority, and suffered to be cruelly massacred in the face of the
whole city : which shews what little stress is to be laid on the
assistance of the populace, when the disputes come to blows ;
and that sedition, though it may often shake, yet w^ill never
destroy a free state, while it continues unarmed, and unsup-
ported by a military force. But this vigorous conduct of the
senate, though it seemed necessary to the present quiet of the
city, yet soon after proved fatal to it ; as it taught all the am.-
bitious, by a most sensible experimxcnt, that there was no way
of supporting an usurped authority, but by force : so that
from this time, as v^e shall find in the following story, all
those, who aspired to extraordinary powers, and a dominion
in the republic, seldom troubled themselves with what the se-
nate or people were voting at Rome, but came attended by
armies to enforce their pretensions, which were always decid-
ed by the longest sword.
t Nihil immotum, nihil tranquillum, nihil quietum denique in eodem statu
rclinquebat, fee. Veil. P. 2. 6.
P R E F A C Er SXX\f
The popularity of the Gracchi was grounded on the real
affections of the people, gained bjmany extraordinary privi-
leges, and substantial benefits conferred upon them : but when
force v/as found necessary to controul the authority of the se-
nate, and to support that interest v/hich was falsely called po-
pular, instead of courting the multitude by real services, and
beneficial laws, it was found a much shorter way, to corrupt
them by money ; a method wholly unknown in the times of
the Gracchi ; by which the men of power had always a num-
ber of mercenaries at their devotion, ready to fill the Forum
at any warning ; who by clamour and violence carried all be-
fore them in the public assemblies, and came prepared to rati-
fy whatever was proposed to them % '• this kept up the form
of a legal proceeding j while, by the terror of arms, and a su-
perior force, the great could easily support, and carry into exe-
cution, whatever votes they had once procured in their favour
by faction and bribery.
After the death of the younger Gracchus, the senate was
perpetually labouring to rescind or to moderate the laws that
he had enacted to their prejudice ; especially one that affected
them the most sensibly, by taking from them the right of ju-
dicature ; which they had exercised from the foundation of
Rome, and transferring it to the knights. This act however
tvas equitable ; for as the senators possessed all the magistra-
cies and governments of the empire, so they were the men
whose oppressions were the most severely felt, and most fre-
quently complained of; yet while the judgment of all causes
continued in their hands, it was their common practice, to fa-
vour and absolve one another in their turns, to the general
scandal and injury both of the subjects and allies ; of which
some late and notorious instances had given a plausible preterit
for Gracchus's law. But the senate could not bear with pa-
tience, to be subjected to the tribunal of an inferior order ;
\ Itaque homines seditiosi ac turbulenti— conductas habent condones, Ne-
que id agunt, ut ea dicant & ferant, quas illi velint audire.qui in concionc sunt:
hed pret'.o ac mercede pcrficiunt, ut, quicquid dicanr, id ilii vcile audire vidc-
antur. Num vos existimatis, Gracchos, aut Saturninum, aut quenq'iani iilo-
rum veterum, qui popularca habebantur, ullum unquam in co.i-:;:- • habuisse
conductum? Nemo habuic. Fro Sext. 49,
ksxVi IP R i: E A c £.
which had always been jealous of their power, and was sure
to be severe upon their crimes : so that, after nianv fruitless
istruggles to get this law repealed, (^ Servilius Csepio, who
was consul aoout twenty-five years after, procured at last a
mitigation of it, by adding a certain nuviher of senators to the
three centuries of the knights or equestrian judges : with which
the senate was so hi?hly pleased, that they honoured this con-
sul with the title of their patron ||. Ccepio'^s law was warm-
ly recommended by L. Crassus, the most celebrated orator of
that age, who in a speech upon it to the people, defended the
authority of the senate with all the force of his eloquence : in
which state of things, and in this verv year of Caepio's consul-
ship, Cicero was born : and as Crassus's oration was publish-
ed, aad much admired, when he was a boy, so he took it, as he
afterwards tells us, for the pattern both oj his eloquence^ and
his politics *.
(I Is — consulatus decore, rAaximi pontificatus sacerdotio, ut senatus patronus
dicerctur, assccutns. Val. M. 6. 9.
* Suasit Serviliam legem Crassus — sed hjec Crassi cum edita est oratio—
quatuor & trigmta turn habebat annos, totit'emqne annismihi astate prastabat.
lis enim consulibus earn legem suasit, quibus no^ ra«-i sumus, ; Brut. p. 274.3
Mihi quidem a pueritla, quasi magifeira fuit ilia in legem Cxpionis oratio : ia
q^ua & auctoritas ornatur senatuj, pro qao ordine ilia dicuntur— ib. 278.
THE
LIFE
OF
MARCUS TULLIUS CICERO.
SECTION I.
Anno Urbis, 647. — Coss. — Q^ Servilius Coepio, C. Atilius Scrranus.
.ARCUs TuLLius CiCERO was bom on the third of*
January*, in the six-hundred-forty-seventh year of
Rome, about a hundred and seven years before
Christ f . His birth, if we beheve Plutarch, was at-
tended by prodigies, foreteUing the future eminence
and lustre of his character, " which might have pas-
" sed," he says, " for idle dreams, had not the event
" soon confirmed the truth of the prediction :" but
since we have no hint of these prodigies from Cicero
himself, or any author of that age, we may charge them
to the creduhty, or the invention of a writer, who loves
* III Nonas Jan. natali meo. Ep. ad Att. 7. 5. it. 13. 42.
f This computation follows the common JEx2i of Christ's
birth, which is placed three years later than it ought to be.
Pompey the Great was born also in the same year on the last
of September. Vid. Pigh. Ana. Piin. ^7. ?-.
Vol.. T. a
2 The life or Sect. I.
to raise the solemnity of his story by the introduction
of something miraculous.
His mother was called Helvia ; a name, mentioned
in history and old inscriptions among the honourable
families of Rome. She was rich, and well descended,
and had a sister married to a Roman Knight of dis-
tinguished merit, C. Aculeo, an intimate friend of the
orator L. Crassus, and celebrated for a singular know-
ledge of the law ; in which his sons hkewise, our Ci-
cero's cousin-germans, were afterw^ards very eminent*.
It is remarkable, that Cicero never once speaks of his
mother in any part of his writings ; but his younger
brother Quintus has left a little story of her, which
seems to intimate her good management and house-
wifery ; " how she used to seal all her wine casks, the
" empty as well as the full, that when any of them
" were found empty and unsealed, she might know
" them to have been emptied by stealth ; it being the
" most usual theft among the slaves of great families,
" to steal their master's wine out of the vessels f ."
As to his father's family, nothing was delivered of it,
but in extrem.es % : which is not to be wondered at, in
the history of a man, whose hfe was so exposed to en-
vy, as Cicero's, and who fell a victim at last to the
power of his enemies. Some derive his descent from
kings, others from mechanics § ; but the truth lay be-
* De Orat. I. 43. 2. i.
f Sicut ollni matrem meam facere memini, quae lagenas etiam
inanes obslgnabat, ne dicerentur inanes aliquae fuisse, qwM furtim
essent exsiccatse. Ep. fam. 16. 26.
posset qui ignoscere servis,
Et signo loeso non insanire lagense. Hor.
X See Plutarch's life of Cicero.
6 Rtgia progenies et TuUo sanguis ab alto. Sil. Itai.
Sect. I. CICERO. 3
tween both ; for his family, though it had never born
any of the great offices of the RepubHc, was yet very
ancient and honourable * ; of principal distinction and
nobility in that part of Italy in which it resided ; and
of equestrian rank f , from its first admission to the free-
dom of Rome.
Some have insinuated, that Cicero affected to say
but Httle of the splendour of his family, for the sake
of being considered as the founder of it ; and chose to
suppress the notion of his regal extraction, for the a-
version that the people of Rome had to the name of
King ; with which however he was sometimes reproach-
ed by his enemies J. But those speculations are wholly
imaginary : for, as oft as there was occasion to men-
It
* Hinc enim orte stirpe antiquissima : hie sacra, hie genus,
hie majorum multa vestigia. De Leg. 2. i. 2.
f The Equestrian dignity, or that Order of the Roman peo-
ple, which we commonly call Knights, had nothing in it analo-
gous or similar to any order of modern Knighthood, but depend-
ed entirely upon a census, or valuation of their estates, which was
usually made every five years by the Censors^ in their Lustrum,
or general review of the whole people : when all those Citizens,
whose entire fortunes amounted to the value of four hundred
Sestertia, that is of 3229I. of our money, were enrolled of course
in the list of Equites or Knights, who were considered as a mid-
dle order between the Senators and the common people, yet
without any other distinction than the privilege of wearing a
gold, ring, which was the peculiar badge of their order, (Liv.
23. 12. Plin. Hist. 33. I.) The census, or estate necessary to
a Senator, was double to that of a Knight ; and if ever they re-
duced their fortunes below that standard, they forfeited their
rank, and were struck out of the roll of their order by the Censors.
Si qaadringentis sex septem millia desunt,
Plebs eris Hor. Ep. 1. i. 57.
The Order of Knights therefore included in it the whole Pro-
vincial Nobility and Gentry of the Empire, which had not yet
obtained the honour of the Senate.
X Vid. Sebast. Corrad. Qu?estura, p, 43. 44.
A -2
4 The LIFE of Sect. L
tion the character and condition of his ancestors, he
speaks of them always with great frankness, declaring
them to have been content with their paternal for-
tunes, and the private honom's of their own city, with-
out the ambition of appearing on the public stage of
Rome. Thus, in a speech to the people, upon his ad-
vancement to the Consulship : • " I have no pretence,"
says he, " to enlarge before you, upon the praises of
" my ancestors ; not but that they were all such as
*' myself, who am descended from their blood, and
*' trained by their discipline ; but because they lived
" without this applause of popular fame, and the splen-
" dour of these honours which you confer*." It is
on this account, therefore, that we find him so often
called a new man ; not that his •family was new or
ignoble, but because he was the first of it who ever
sought and obtained the public Magistracies of the
State.
The place of his birth was Arpinum ; a city an-
ciently of the Samnites, now pa^t of the kingdom of
Naples ; which, upon its submission to Rome, ac-
quired the freedom of the city, and was inserted into
the Cornelian Tribe, It had the honour also of pro-
ducing the great C. Marius; which gave occasion to
Pompey to say, in a pubhc speech, " That Rome was
" indebted to this corporation for two citizens, who
" had, each in his turn, preserved it from ruin f ." It
may justly therefore claim a placj^ in the memory of
posterity, for giving hfe to such worthies, who exem-
phfied the character which Phny gives of true glory,
* De lege Agrar. con, Rull. ad Quirites, I.
f De Legib. 2. 3, Val. Maxim. 2. 2,
Sect. I. CICERO. 5
** by doing what deserved to be written, and writing
*' what deserved to be read f and making the world
the happier and the better for tlieir having hved in
it*.
The territory of Arpinum was rude and mountain-
ous, to which Cicero apphes Homer's description of
Ithaca :
'Tis rough indeed, yet breeds a generous race f
The family-seat was about three miles from the town,
in a situation extremely pleasant, and well adapted to
the nature of the climate. It was surrounded with
groves and shady walks, leading from the house to a
river, called Fib ten us ; " which was divided into two
** equal streams, by a little island, covered with trees
** and a portico, contrived both for study and exercise,
" whither Cicero used to retire, when he had any par-
" ticular work upon his hands. The clearness and
" rapidity of the stream, murmuring through a rocky
" channel ; the shade and verdure of its banks, plant-
" ed with tall poplars ; the remarkable coldness of
" the water ; and, above all, its falling by a cascade
" into the nobler river Liris, a little below the island,
" gives us the idea of a most beautiful scene," as Ci-
cero himself has described it. When Atticus first saw
it, he was charmed with it, and wondered that Cicero
did not prefer it to all his other houses ; declaring a
contempt of the laboured magnificence, marble pave-
ments, artificial canals, and forced streams of the cele-
* Plln. Ep. f Ad Alt. 2. xi. Odyss. 9. 27.
A3
6 The LIFE of Sect. I.
brated Villa's of Italy, compared with the natural
beauties of this place *. The house, as Cicero says,
was but small and humble in his grandfather's time,
according to the ancient frugality, hke the Sabine
farm of old Curius ; till his father beautified and en-
larged it into a handsome and spacious habitation.
But there cannot be a better proof of the delight-
fulness of the place, than that it is now possessed by a
convent of Monks, and called the Villa of St Dominic f.
Strange revolution I to see Cicero's porticos converted
to Monkish cloisters ! the seat of the most refined rea-
son, wit, and learning, to a nursery of superstition, bi-
gotry, and enthusiasm I What a pleasure must it give
to these Dominican Inquisitors, to trample on the ruins
of a man, whose writings, by spreading the light of
reason and liberty through the world, have been one
great instrument of obstructing their unwearied pains
to enslave it !
Cicero, being the first-born of the family, received,
as usual, the name of his father, and grandfather, Mar-
cus. This name was properly personal, equivalent to
that of baptism with us, and imposed with ceremonies
somewhat analogous to it, on the ninth day, called the
lustrical, or day of purification % ; when the child was
carried to the temple, by the friends and relations of
the family, and, before the altars of the Gods, recom-
mended to the protection of some tutelar Deity.
* Dc Legib. 2. i, 2, 3.
f Appresso la Villa di S. Domenico , hora cosi nominato
questo luoeo, ove nacque Cicerone, come dice Pietro Marso,
iaquale Villa e discosta da Arpino da tremiglia. Vid. Leand.
Albert! discrittione d'italia, p. 267.
% Est Nundina Romanorum Dea a none nascentium die nun-
cupata, qui /ustricus dicitur j est auteni dies Inslricu?y quo in»
fantes lustiantur et nomea accipiunt. Macrob. Sat. i* i6.
^Sect. I. CICERO. 1
TuUius was the name of the family ; which, in old
language, signified ^^tczV/^ streams, or ducts of ivater^
and was derived therefore probably from their an-
cient situation, at the confluence of the two ri\ers "*.
The third name was generally added on accomit of
some memorable action, quality, or accident, which
distinguish the founder, or chief person of the family.
Plutarch says, " that the surname of Cicero was ow-
" ing to a wart or excrescence on the nose of one of
" his ancestors, in the shape of a vetch, which the Ro-
" mans called Cicer f :" but Phny tells us more credi-
bly, " that all those names, which had a reference to
" any species of grain, as the Fabii, Lentuli, &c. were
" acquired by a reputation of being the best husband-
" men or improvers of that species J." As Tullius,
therefore, the family-name, was derived from the si-
tuation of the farm, so Cicero, the surname, from the
culture of it by vetches. This, I say, is the most .pro-
bable, because agriculture vi^s held the m^ost liberal
employment in old Rome, and those tribes, v^^hich re-
sided on their farms in the country, the most honour-
able ; and this very grain, from which Cicero drew
his name, was, in all ages of the Repubhc, in great re-
quest with the meaner people ; being one of the usual
largesses bestowed upon them by the rich, and sold
♦ Pompeius Festus in voce Tullius,
f This has given rise to a blunder of some Sculptors, who,
in the Busts of Cicero, have formed the resemblance of this
tieich on his nose •, not reflecting that it was the name only, and
not the vetch itself, which was transmitted to him by his anccatori;.
X Hist. Nat. 18.3. I.
A4
S The life of Sect. I.
every where in the theatres and streets ready parched
or boiled for present use *.
Cicero's grandfather was hving at the time of his
birth, and, from the few hints which are left of him,
seems to have been a man of business and interest in
his country f , He was at the head of a party in Ar-
pinum, in opposition to a busy turbulent man, M.
Gratidius, whose sister he had married, who was push-
ing forward a popular law, to obhge the town to trans-
act all their affairs by ballot. The cause was brought
before the Consul Scaurus ; in which old Cicero be-
haved himself so well, that the Consul paid him the
comphment to wish, " that a man of his spirit and
*' virtue would come and act with them in the great
" Theatre of the Repubhc, and not confine his talents
** to the narrow sphere of his own Corporation J."
There is a saying likewise recorded of this old Gentle-
man, " That the men of those times were like the
*' Syrian slaves ; the more Greek they knew, the great-
" er knaves they were || ;" which carries with it the no-
tion of an old patriot, severe on the importation of
foreign arts, as destructive of the discipline and man-
ners of his country. This grandfather had two sons,
■■ '■ ■ III ■ ■■
* In cicere atque faba, bona tu perdasq. luplnis,
Latus ut in Circo spatiere & asneus ut stes.
Hor. Sat. 1. 2. 3. 182.
Nee slquid fricti ciceris probat & nucis emtor.
Art. poet. 249.
f De Legib. 2. I.
X Ac nostro quidem huic, cum res asset ad se delata, Consul
Scaurus, utinam, inquit, M. Cicero, isto animo atque virtute, in
summa Repub. nobiscum versari, quam in municipali, voluisses 1
Ibid. 3. 16. _
II Nostros homines similes esse Syrorum venalium ? ut quis-
que optime Grsecc scirct, ita esse nequissimum. De Oiat. 2. 66.
N. B.
Sect. I. CICERO. p
Marcus the elder, the father of our Cicero ; and Lu-
cius, a particular friend of the celebrated orator M,
Antonius, whom he accompanied to his government of
Cilicia * ; and who left a son of the same name, fre-
quently mentioned by Cicero, with great affection, as
a youth of excellent virtue and accomplishments f .
His father Marcus also was a wise and learned man,
whose merit recommended him to the familiarity of
the principal magistrates of the Republic, especially
Cato, L. Crassus, and L. Caesar J ; but being of an in-
firm and tender constitution, he spent his life chiefly
at Arpinum, in an elegant retreat, and the study of
polite letters ||.
But his chief employment, from the time of his hav-
ing sons, was to give them the best education which
Rome could afford, in hopes to excite in them an am-
bition of breaking through the indolence of the fami-
ly, and aspiring to the honours of the State They
were bred up with their cousins, the young Aculeo's,
in a method approved and directed by L. Crassus, a
man of the first dignity, as well as the first eloquence
in Rome ; and by those very masters v/hom Crassus
N. B. A great part of the slaves in Rome were Syrians ; for
the pirates of Cilicia, v.'ho used to infest the coasts of Syria,
carried all their captives to the market of Delos, and sold them
there to the Greeks, through whose hands they usually passed
to Rome : those slaves therefore, who had lived the longest
with their Grecian masters, and consequently talked Greek the
best, were the most practised in all the little tricks and craft
that servitude naturally teaches j which old Cicero, like Calo
the Censor, imputed to the arts and manners of Greece itself.
Vid. Adn Turneb. in jocos Ciceron.
* De Orat. 2. i. f De Finlb. 5. i. ad iVtt. i. 5.
X Ep. fam. 15. 4. de Orat. 2. i.
II Qui cum esset infirma valetudine, hie fere xtatenn egit in
litcris, De Legib. 2. i.
lo The life of Sect. L
himself made use of*. The Romans were of all peo-
ple the most careful and exact m the education of
their children : their attention to it began from the
moment of their birth ; when they committed them
to the care of some prudent matron of reputable
character and condition, whose business it was to form
their first habits of acting and speaking ; to watch
their growing passions, and direct them to their pro-
per objects ; to superintend their sports, and suffer no-
thing immodest or indecent to enter into them ; that
the mind, preserved in its innocence, nor depraved by
a taste of false pleasure, might be at liberty to pur-
sue whatever was laudable, and apply its whole strength
to that profession in which it desired to excel f .
It was the opinion of some of the old Masters, that
Children should not be instructed in letters, till they
were seven years old ; but the best judges advised,
that no time of culture should be lost, and that their
literary instruction should keep pace with their moral ;
that three years only should be allowed to the nurses,
and when they first began to speak, that they should
begin also to learn J. It was reckoned a matter Hke-
wise of great importance, what kind of language they
v/ere first accustomed to hear at home, and in what
manner not only their nurses, but their fathers and e-
* Cumque nos cum consobrinis nostrls, Aculeonis filiis, & ea
disccremus, qua; Crasso placerent, & ab iis doctoribus, quibus
ille uteretur, erudiremur. De Orat. 2. t.
j- Eligebatur autem aliqua major natu propinqua, cujus pro-
batis, spectatisque morlbus, omnis cujuspiam familiae soboles
committeretur, &c. quse disclplina et severitas eo pertinebat, ut
sincera et Integra et nulHs pravitatibus detorta uniuscujusque na-
tura, toto statim pectore arriperet artes honestas, &c. Tacit.
Dial, de Oratorib. 28.
t Quintil. I. I.
Sect. L CICERO.
II
ren mothers spoke ; since their first habits were then
necessarily formed, either of a pure or corrupt elocu-
tion ; thus the two Gracchi were thought to owe that
elegance of speaking, for which they were famous, to
the institution of their mother Cornelia : a v^^oman of
great pohteness, whose epistles were read and admired
long after her death, for the purity of their language '^.
This probably was a part of that domestic discipline^
in which Cicero was trained, and of which he often
speaks ; but as soon as he was capable of a more en-
larged and liberal institution, his father brought him
to Rome, where he had a house of his own f, and
placed him in a public school, under an eminent Greek
master, which was thought the best way of educating
one who was designed to appear on the public stage,
and who, as Quintilian observes, ought to be so bred,
as not to fear the sight of men ; since that can never
be rightly learnt in solitude, which is to be produced
before crowds J. Here he gave the first specimen of
those shining abilities which rendered him afterwards
so illustrious ; and his school-fellows carried home such
stdries of his extraordinary parts and quickness in learn-
ing, that their parents were often induced to visit the
school, for the sake of seeing a youth of such surpris-
ing talents §.
About this time a celebrated rhetorician, Plotius,
first set up a Latin school of eloquence in Rome, and
* Ibid. It. in Brut. p. 319. edit. Sebast, Corradi.
f This is a farther proof of the wealth and flourishing condi-
tion of his family j since the rent of a moderate house in Rome,
in a reputable part of the City, fit for one of the Equestrian rank,
was about tivo hundred pounds Sterling per ann.
t L. I. 2. X Plutarch in his life.
12
The life o? Sect. I.
had a great resort to him § : Young Cicero was very
desirous to be his scholar, but was over-ruled in it by
the advice of the learned, who thought the Greek
masters more useful in forming to the bar, for which
he was designed. This method of beginning with
Greek, is approved by Quintihan ; because " the La-.
" tin would come of itself, and it seemed most natural
" to begin from the fountain, whence all the Roman
" learning was derived : yet the rule," he says, " must
" be practised with some restriction, nor the use of a
" foreign language pushed so far to the neglect of the
" native, as to acquire with it a foreign accent and vi-,
" cious pronunciation *."
Cicero's father, encouraged by the promismg genius
of his son, spared no cost nor pains to improve it by
the help of the ablest masters, and, among the other
instructors of his early youth, put him under the care
of the poet Archias, who came to Rome with a high
reputation for learning and poetry, when Cicero was
about five years old, and lived in the family of Lucul-
lus f : for it was the custom of the great in those daya
to entertain in their houses, the principal scholars and
philosophers of Greece, v/ith a liberty of opening a
school, and teaching, together with their own children,
any of the other young nobihty and gentry of Rome.
Under this master, Cicero applied himself chiefly to
poetry, to which he was naturally addicted, and made
such a proficiency in it, that while he was still a boy,
he composed and published a poem, called Glaueus
tontiui, which was extant in Plutarch's time J.
§ Sueton, de claris R.hetoribus, c. 2.
'* Quintil. L. I. 1. f Pro Archia i. 3.
X Plutarch, This Glaueus was a fisherman of Anthedon ia
Bosotia ; who, upon eating a certain herb, jumped into the sea,
and
Sect. I. CICERO. i?.
.)
After finishing the course of these puerile studies >
it was the custom to change the habit of the boy, for
that of the man, and take what they called the manly
gown, or the ordinary robe of the citizens : this was an
occasion of great joy to the young men ; who by this
change passed into a state of greater hberty and en-
largement from the ^ power of their tutors ^. They
were introduced at the same time into the Forum, or
the great square of the city, where the assemblies of
the people were held, and the magistrates used to ha-
rangue to them from the Rostra, and where all the
pubhc pleadings and judicial proceedings were usual-
ly transacted : this therefore was the grand school of
business and eloquence ; the scene, on w^hich all the
affairs of the empire were determined, and where the
foundation of their hopes and fortunes was to be laid :
so that they were introduced into it with much so-
lemnity, attended by all the friends and dependants
of the family, and, after divine rites performed in the
Capitol, were committed to the special protection of
some eminent senator, distinguished for his eloquence
or knowledge of the laws, to be instructed by his ad-
vice in the management of civil affairs, and to form
themselves by his example for useful members and
magistrates of the Republic.
Writers are divided about the precise time of chang-
ing the puerile for the manly gown : what seems
and became a sea god : the place was ever after culled Glauciis's
leap; where there was an Oracle of the God, in great vogue with
all seamen j and the story furnished the argument to one of iEs-
chylus's Tragedies. Pausan. Boeot. c. 22.
* Cum piimum pavido custos mihi purpura cessit. Per?. Sar,
14 The LIFE of Sect. I.
most probable, is, that in the old Republic it was ne-
ver done till the end of the seventeenth year ; but
when the ancient discipline began to relax, parents,
out of indulgence to their children, advanced this aera
of joy one year earlier, and gave them the gown at
sixteen, which was the custom in Cicero's time. Un-
der the emperors, it was granted at pleasure, and at
any age, to the great^ or their own relations ; for Ne-
ro received it from Claudius, when he just entered in-
to his fourteenth year, which, as Tacitus says, was gi-
ven before the regular season *.
Cicero, being thus introduced into the Forum, was
placed under the care of Q^ Mucins Scaevola the au-
gur, the principal lawyer as well as statesman of that
age, who had passed through all the offices of the Re^
public, with a singular reputation of integrity, and was
now extremely old : Cicero never stirred from his side,
but carefully treasured up in his memory all the re-
markable sayings which dropt from liim, as so many
lessons of prudence for his future conduct f ; and af-
ter his death applied himself to another of the same
family, Scaevola the High-priest, a person of equal cha-
racter for probity and skill in the law : who, though
he did not profess to teach, yet freely gave his advice
to all the young students, who consulted him J.
Under these masters he acquired a complete know-
ledge of the laws of his country ; a foundation useful
to all who design to enter into public affairs ; and
thought to be of such consequence at Rome, that it
* Ann. 12.41. Vid. Norris Cenotaph. Pisan. Disser. 2,
c. 4. it. Sueton. August. 8. &. Notas Pitisci.
f De Amicit. i. % Brut. p. 89. Edit. Seb. Corradi.
Sect. L CICERO. f^
was the common exercise of boys at school, to learn
the laws of the twelve tables by heart, as they did
their poets and classic authors *. Cicero particularly
took such pains in this study, and was so well ac-
quainted with the most intricate parts of it, as to be
able to sustain a dispute on any question with the
greatest Lawyers of his age f : so that in pleading once
against his friend S. Sulpicius, he declared, by way of
raillery, what he could have made good likewise in
fact, that if he provoked him, he would profess him-
self a Lawyer in three days time J.
The profession of the law, next to that of arms and
eloquence, was a sure recommendation to the first ho-
nours of the Republic ||, and for that reason vras pre-
served as it were hereditary in some of the noblest fa-
milies of Rome § ; who, by giving their advice gratis
to all who wanted it, engaged the favour and observ-
ance of their fellow Citizens, and acquired great au-
thority in all the affairs of state. It was the custom
of these old Senators, eminent for their wisdom and
experience, to walk every morning up and down the
Forum, as a signal of their offering themselves freely
to all who had occasion to consult them, not only in
cases of law, but in their private and domestic affairs ^.
* De Legib. 2. 23. f Ep. fam. 7. 22.
.t Pro Muisena, 13. If Ibid. 14.
j Quorum vero patres aut majores aliqua gloria prasstiterunt,
ii student plerumque in eodem ^enere laudis excellere ; ut Q^Tdu-
tlus P. filius, injure civili. Off. i. 32. 2. 19.
^ M' vero Manilium nos etiam vidimus transverso ambulan-
tem foro J quod erat insigne, eum, qui id faceret, facere clvibus
omnibus consilii sui copiam. Ad quos oliin et ita ambulances ec
in solio sedentes domi ita adibatur, non solum ut de jure civili ad
eos, verum etiam de lilla collocanda — de omni denique aut officio
aut negotio referretur, De Oi'^K- 3. $$•
t^ The life or Sect. L
But in later times they chose to sit at home Vvdth their-
doors open, in a kind of throne or raised seat, hke the
confessors in foreign churches, giving access and au^
dience to all people. This was the case of the two
Sccevolas, especially the Augur, whose house was called
the Oracle of the City * ; and who, in the Marsic war,
when worn out with age and infirmity, gave free ad-
mission every day to all the Citizens, as soon as it was
light, nor was ever seen by any in his bed during that
whole war f .
But this was not the point that Cicero aimed at, to
guard the estates only of the Citizens : his views were
much larger ; and the knowledge of the law was but
one ingredient of many, in the character which he a-
spired to, of an universal Patron^ not only of the for-
tunes, but of the lives and liberties of his countrymen :
for that was the proper notion of an Orator or Plead-
er of causes ; whose profession it was, to speak aptly,
elegantly, and copiously, on every subject which could
be offered to him, and whose art therefore included in
It all other arts of the liberal kind, and could not be
acquired to any perfection, without a competent know-
ledge of whatever was great and laudable in the uni-
verse. This w^as his own idea of what he had under-
taken X ; and his present business therefore was, to lay
a foundation fit to sustain the weight of this great
character : so that, while he was studying the law un-
* Est enim sine dubio domus Jurisconsult! totius Oraculum ci-
vitatis. Testis est hujusce Qj. Macii janua, et vestibulum, quod
in ejus infiimissima valetudine, afFectaque jam aetate, maxima quo-
tidie frequentia civjum, ac summorum hominum splendore cele-
bratur. De Orat. i, 45.
f Philip. 8. X. X ^^ Orat. I. 5. 6. 13. 16.
Sect. L CICERO.
17
der the Sc^vola's, he spent a large share of his time
in attending the pleadings at the bar, and the public
speeches of the magistrates, and never passed one day
without writing and reading something at home, con-
stantly taking notes, and making comments on what
he read. He was fond, when very young, of an exer-
cise, which had been recommended by some of the
great orators before him, of reading over a number of
verses of some esteemed poet, or a part of an oration,
so carefully as to retain the substance of them in me-
mory, and then dehver the same sentiments in differ-
ent words, the most elegant that occurred t© him. But
he soon grew weary of this, upon reflecting, that his
authors had already employed the best words which
belonged to their subject ; so that if he used the same,
it would do him no good, and if different, would even
hurt him, by a habit of using worse. He applied him-
self therefore to another task of more certain benefit,
to translate into Latin the select speeches of the best
Greek orators, which gave him an opportunity of ob-
serving and employing all the most elegant words of
his own language, and of enriching it at the same with
new ones, borrowed or imitated from the Greek *.
Nor did he yet neglect his poetical studies ; for he now
translated Aratus on the phaenomena of the heavens,
into Latin verse, of which many fragments are still ex-
tant ; and published also an original poem of the He-
roic kind, in honor of his countryman C. Marius.
This was much admired and often read by Atticus ;
and old Scaevola was so pleased with it, that in an e-
* De Orator, i 34.
Vol. L R
i8 The LIFE of Sect. L
pigram, which he seems to have made upon it, he de-
clares that it would live as long as the Roman name
and learning subsisted * : there remains still a little
specimen of it describing a memorable omen given to
Marius from the Oak of Arpinum, which, from the
spirit and elegance of the description, shews, that his
poetical genius was scare inferior to his oratorial, if it
had been cultivated with the same diligence f . He
published another poem also called Limon ; of which
Donatus has preserved four lines in the life of Terence,
in praise of the elegance and purity of that poet's
stile J. But while he was employing himself in these
juvenile exercises for the improvement of his inven-
tion, he applied himself with no less industry to philo-
sophy, for the enlargement of his mind and understa/id-
ing ; and, among his other masters, was very fond at
* Eaque, ut ait Scaevola de fratris mei Mario, — canescet sseclis
innumerabllibus. De Leg. i. i.
f Hie Jovis altisoni subito pinnata Satelles
Arboris e trunco, serpentis saucia morsu,
Subjugat ipsaferis transfigens unguibus anguem
Semianimum, &. varia graviter cervice micantem j
(^em se intorquentem lanians rostroque cruentans,
Jam satiata animos, jam duros ulta dolores,
Abjicit efflantem, &. laceratum adfligit in unda,
Seque obitu a Solis, nitidos convertit ad ortus.
Hanc ubi praspetibus pennis lapsuque volantem
Conspexit Marius, divini Numinis Augur, .
Faustaque signa suse laudis, reditusque notavit j
Partibus intonuit cceli Pater ipse sinistris.
Sic Aquilae clarum firmavit Jupiter omen. De Dlvin. i, 4-:.
X We have no account of the argument of this piece, or of the
meaning of it's title ; it was probably nothing more than the
Greek wotd Auf^m j to intimate, that the poem, like a meadow or
garden, exhibited a variety of different fancies and flowers. Tlie
Greeks, as Pliny says, were fond of giving such titles to their
books, as Uoiv^iKlxt^ ''Eyy^ii^i^tov, An^m^^c. [Pia;f. Hist. Nat."} and
I'amphilus //j^GVtf/72i?rM«, as Suidas tells us, publi(hed a Au{<a)v^ or
a collection of various subjects. Vid. in Pamphil.
Sect. I. CICERO. 19
this age of Phaedrus the Epicurean : but as soon as he
had gained a httle more experience and judgment of
things, he wholly deserted and constantly disliked the
principles of that sect ; yet always retained a particu-
lar esteem for the man, on account of his learning,
humanity and politeness ^.
The peace of Rome was now disturbed by a domes-
tic war, which writers call the Italic, Social, or Marsic :■
it was begun by a confederacy of the principal towns of
Italy, to support their demand of the freedom of the
city : the tribune Drusus had made them a promise of
it, but was assassinated in the attempt of publishing a
law to confer it : this made them desperate, and resolve
to extort by force, what they could not obtain by en-
treaty f . They alledged it to be unjust, to exclude
them from the rights of a city, which they sustained by
their arms ; that in all it's wars they furnished twice
the number of troops which Rome itself did ; and had
raised it to all that height of power, for which it now
despised them J. This war was carried on for above
two years, with great fierceness on both sides, and va-
rious success : two Roman consuls were killed in it,
and their armies often defeated ; till the confederates,
w^eakened also by frequent losses, and the desertion of
one ally after another, were forced at last to submit to -
the superior fortune of Rome ||. During the hurry of
the war, the business of the forum was intermitted ;
the greatest part of the magistrates, as well as the
pleaders, being personally engaged in it ; Hortensius,
* Ep. fam. 13. I, f Philip. 12. 27,
t Veil. Pat. 2. 15. II Flor. 3. 18,
B 2
20 The life of Sect. L
the most flourishing young orator at the bar, was a vo-^
lunteer in it the first year, and commanded a regi-
ment the second *.
Cicero Hkewise took the opportunity to make a cam-
paign, along with the consul Cn. Pompeius Strabo, the
father of Pompey the Great : this was a constant part
of the education of the young nobihty ; to learn the
art of war by personal service, under some general of
name and experience ; for in an empire raised and sup-
ported wholly by arms, a reputation of martial virtue
w^as the shortest and surest way of rising to it's highest
honors : and the constitution of the government was
such, that as the generals could not make a figure even
in camps, without some institution in th^ politer arts,
especially that of speaking gracefully f ; so those, who
applied themselves to the peaceful studies, and the
management of civil affairs, w^re obliged to acquire a
competent share of military skill, for the sake of go-
verning provinces, and commanding armies, to which
they all succeeded of course jfrom the administration of
the great oflices of the state.
In this expedition Cicero was present at a conference
between Pompeius the consul, and Vettius the gene-
ral of the Marsi, who had given the Romans a cruel
defeat the year before, in which the consul Rutilius
was killed J. It was held in sight of the two camps,
and managed with great decency ; the , consul's bro-
ther Sextus, being an old acquaintance of Vettius,
came from Rome on purpose to assist at it ; and, at the
* Brut. 425.
f Quantum diccndi gravitate & copla valeat, in quo ipso incst
quaedam dignitas Imperatoria, — pr. leg. Manil. 14,
X Appian, Bell. Civ. p. 376>
Sect. I. CICERO. 21
first sight of each other, after lamenting the unhappy
circumstance of their meeting at the head of opposite
armies, he asked Vettius, bv what title he should now
salute him, of fiiend or enemy : to which Vettius re-
plied, call me friend by inclination, enemy by neces-
sity *. Which shews, that these old warriors had not
less politeness in their civil, than fierceness in their
hostile encounters.
Both Marius and Sylla served as lieutenants to the
consuls in this war, and commanded separate armaes in
different parts of Italy ; but Marius performed nothing
in it answerable to his great name and former glory :
his advanced age had encreased his caution, and, after
so many triumphs and consulships, he was jealous of a
reverse of fortune ; so that he kept himself wholly on
the defensive, and, like old Fabius, chose to tire out
the enemy by declining a battle ; content with snatch-
ing some little advantages, that opportunity threw in-
to his hands, without suffering them however to gain
any against him f . Sylla on the other hand was ever
active and enterprising : he had not yet obtained the
consulship, and was fighting for it, as it were, in the
sight of his citizens ; so that he was constantly urging
the enemy to a battle, and glad of every occasion to
signalize his military talents, and eclipse the fame of
Marius ; in which he succeeded to his wish, gained
many considerable victories, and took se\'eral of their
cities by storm, particularly Stahcs, a town of Campa-
* Quem te appellem, inquit ? at ille ) Voluntate hospitem, nc
ceflltate hoilem. Phil. I2. xi.
f Plutar. in Marius.
B3
±2 The life of Sect. L
hia, which he utterly demolished *. Cicero, who seems
to have followed his camp, as the chief scene of the
war, and the best school for a young volunteer, gives
an account of one action, of which he wa$ eye witness,
executed with great vigor and success ; that as Sylla
was sacrificing before his tent in the fields of Nola, a
snake happened to creep out from the bottom of the
altar, upon which Posthumius the Haruspex, who at-
tended the sacrifice, proclaiming it to be a fortunate
omen, called out upon him to lead his army immediate-
ly against the enemy : Sylla took the benefit of the
admonition, and drawing out his troops without delay,
attacked and took the strong camp of the Samnites
under the walls of Nola f . This action was thought
so glorious, that Sylla got the story of it painted after-
wards in one of the rooms of his Tusculan Villa :j:.
Thus Cicero was not less dihgent in the army, than he
was in the forum, to observe every thing that passed ;
and contrived always to be near the person of the ge-
neral, that no action of moment might escape' his
notice.
Upon the breaking out of this war, the Romans gave
the freedom of the city to all the towns which conti-
nued firm to them ; and, at the end of it, after the de-
struction of three hundred thousand fives, thought fit,
for the sake of their future quiet, to grant it to all the
* Plut. in Sylla. In Campano autem agro Stabiae oppidum
fuere usque ad Cn. Pompeium & L. Carbonem ColT. prid. Kal.
Maij, quo die L- Sylla legatus bello social! id delevit, quod nunc
in Villas abiir. Intercidit ibi & Taurania. Plin. Hift. N. 3. <;.
f In Sylla^ scriptum historia videmus, quod te inspeftante faclum
est, ut quum ille in agro Nolano immolaret ante prsetcrium, ab
infima ara subito anguis emeigeret, quum quidem C. Postunlias
haruspex orabat ilium, &c. De Divin. I. ^3. 2. 30.
t Plin. Hist. N. ?.2.6.
Sect. I. CICERO. 23
i-est : but this step, v/hich they considered as the foun-
dation of a perpetual peace, was, as an ingenious writer
. has observed, one of the causes that hastened their
ruin : for the enormous bulk to which the city was
swelled by it, gave birth to many new disorders, that
gradually corrupted and at last destroyed it ; and the
discipline of the laws, calculated for a people whom
the same walls would contain, was too weak to keep in
order the vast body of Italy ; so that from this time
chiefly, all affairs were decided by faction and violence,
and the influence of the great ; who could bring
whole towns into the forum from the remote parts of
Italy ; or pour in a number of slaves and foreigners
under the form of citizens ; for when the names and
persons of real citizens could no longer be distinguish-
ed, it was not possible to know, whether any act had
passed regularly, by the genuine suffrage of the
people *.
The Italic war was no sooner ended than another
broke out, which, though at a great distance from
Rome, v/as one of the most difficult and desparate in
which it ever w^as -engaged ; against Mithridates King
of Pontus ; a martial and powerful prince, of a restless
spirit and ambition, with a capacity equal to the great-
est designs : who, disdaining to see all his hopes blast-
ed by the overbearing power of Rom.e, and confined to
the narrow boundary of his hereditary dominions, broke
through his barrier at once, and over-ran. the lesser A-
sia like a torrent, and in one day caused eighty thou-
sand Roman citizens to be massacred in cold blood f .
* De la grandeur des R.oraaIns, &c. c. 9, f Pr. leg. Man'il. 3,
B4
24
The life of Sect, t
His forces were answerable to the vastness of his at-
tempt, and the inexpiable war that he had now de-
clared against the republic ; he had a fleet of above
four hundred ships ; with an army of two hundred and
fifty thousand foot, and fifty thousand horse ; all com-
pletely armed, and provided with military stores, fit for
the use of so great a body *.
Sylla, who had now obtained the consulship, as the
reward of his late services, had the province of Asia al-
lotted to him, with the command of the war against
Mithridates f : but old Marius, envious of his growing
fame, and desirous to engross every commission which
offered either power or wealth, engaged Sulpicius, an
eloquent and popular tribune, to get that allotment re-
versed, and the command transferred from Sylla to
himself, by the suffrage of the people. This raised
great tumults in the city between the opposite parties^
in which the son of Q;^ Pompeius the consul, and the
son-in-law of Sylla was killed : Sylla happened to be
absent, quelling the remains of the late commotions
near Nola ; but, upon the news of these disorders, he
hastened with his legions to Rome, and having enter-
ed it after some resistance, drove Marius and his ac-
complices to the necessity of saving themselves by a
precipitate flight. This was the beginning of the first
civil war, properly so called, which Rome had ever
seen ; and what gave both the occasion, and the ex-
ample, to all the rest that followed : the tribune Sul-
picius was taken and slain ; and Marius so warmly pur-
: V-
* Applan. Bell. Mithrldat. init. pag. 171.
I Appian, BelL Civ. h i. 38^,
Sect. I. CICERO.
as
sued, that he was forced to plunge himself into the
marshes of Minturnum, up to the chin in water ; in
which condition he lay concealed for some time, till,
being discovered and dragged out, he was preserved
by the compassion of the inhabitants, who, after re-
freshing him from the cold and hunger, which he had
suffered in his flight, furnished him with a vessel and
all necessaries to transport himself into Afric *.
Sylla in the mean while having quieted the city, and
proscribed twelve of his chief adversaries, set forward
upon his expedition against Mithridates : but he was
no sooner gone, than the civil broils broke out afresh
between the new consuls, Cinna and Octavius ; which
Cicero calls the Octavian war f . For Cinna, attempt-
ing to reverse all that Sylla had established, w^as dri-
ven out of the city by his colleague, with six of the
tribunes, and deposed from the consulship : upon this
he gathered an army, and recalled Marius, who, hav-
ing joined his forces with him, entered Rome in a hos-
tile manner, and, with the most horrible cruelty, put
ail Sylla's friends to the sword, without regard to age,
dignity, or former services. Among the rest fell the
consul Cn. Octavius, the two brothers L. Caesar and
C. Caesar, P. Crassus, and the orator M. Antonius;
whose head, as Cicero says, was fixed upon that rostra
where he had so strenuously defended the republic
* Pr. Plan. x. This account that Cicero gives more than
once of Mariuss escape makes it probable, that the common
story of the Gallic soldier, sent into the prison to kill him, was
forged by some of the later writers, to make the relation more
tragical and affecting.
f De Div. I. 2. Philip. 14. 8.
^6 The LltE of Sect. L
when consul, and preserved the heads of so many ci-
tizens ; lamenting, as it were ominously, the misery of
that fate, which' happened afterwards to himself, from
the grandson of this very Antonius. Q^ Catulus also,
though he had been Marius*s colleague in the consul-
ship, and in his victory over theCimbri, was treated with
the same cruelty : for when his friends v/ere interced-
ing for his hfe, Marius made them no other answer,
but, he must die ; he must die ; so that he was obliged
to kill himself*.
Cicero saw this memorable entiy of his countryman
Marius, who, in that advanced age, was so far from
being broken, he says, by his late calamity, that he
seemed to be more alert and vigorous than ever; when
he heard him recounting to the people, in excuse for
the cruelty of his return, the many miseries which he
had lately suffered ; when he was driven from that
country, which he had saved from destruction ; when
all his estates were seized and plundered by his enemies;
when he saw his young son also the partner of his dis-
tress ; when he was almost drowned in the marshes,
and owed his life to the mercy of the Minturnensians ;
when he was forced to fly into Afric in a small bark,
and become a supphant to those to whom he had gi-
ven kingdoms ; but that since he had recovered his
dignity, and all the rest that he had lost, it should be
his care not to forfeit that virtue and courage which
he had never lost f . Marius and Cinna, having thus
* Cum necessariis Catuli deprecantibus non semel respondit,
sed saepe, moriatur. Tusc. Disp. 5. ir. De Orat. 3. 3,
f Post. reii. ad Qjlr. 8.
Sect. I. CICERO. ±i
got the republic into their hands, declared themselves
consuls : but Marius died unexpectedly, as soon almost
as he was inaugurated into his new dignity, on the
13th of January, in the 7Cth year of his age ; and, ac-
cording to the most probable account, of a pleuritic
fever *.
His birth was obscure, though some call it eques-
trian ; and his education wholly in camps ; where he
learnt the first rudiments of war, under the greatest
master of that age, the younger Scipio, who destroyed
Carthage ; till, by long service, distinguished valour,
and a peculiar hardiness and patience of discipline, he
advanced himself gradually through all the steps of
military honour, with the reputation of a brave and
complete soldier. The obscurity of his extraction,
which depressed him with the nobility, made him the
greater favourite of the people ; who, on all occasions
of danger, thought him the only man fit to be trusted
with their lives or fortunes, or to have the command of
a difficult and desperate w^ar ; and, in truth, he twice
delivered them from the most desperate with which
they had ever been threatened by a foreign enemy.
Scipio, from the observation of his martial talents,
while he had yet but an inferior command in the ar-
my, gave a kind of prophetic testimony of his future
glory : for being asked by some of his ofiicers, who
* Plutarch in Mar. The celebrated orator L. Crassus died no.t
Jong before of the same disease, which might probably be then,
as I was told in Rome, that it is now, the peculiar distemper of
the place. The modern Romans call it puntura, which seems to
carry the same notion that the old Romans expressed by, percus-
sut frigore j intimating the sudden stroke of cold upon a body un-
usually heated.
2S The life of Sect. I.
v/ere supping with him at Numantia^ what general the
repubhc would have, in case of any accident to him-
self; that man, rephed he, pointing to Marius, at the
bottom of the table. In the field he was cautious and
provident ; and while he was watching the most fa-
vourable opportunities of action, affected to take all his
measures from augurs and diviners ; nor ever gave bat-
tle, till, by pretended om^ens and divine admonition'^,
he had inspired his soldiers with a confidence of vic-
tory : so that his enemies dreaded him, as something
more than mortal ; and both friends and foes believed
him to act always by a peculiar impulse and direction
from the gods. His merit however was wholly mili-
tary, void of every accomplishment of learning, which
he openly affected to despise ; so that Arpinum had
the singular felicity to produce the most glorious con-
temner, as well as the most illustrious improver of the
arts and eloquence of Rome. He made no figure
therefore in the gown, nor had any other way of sus-
taining his authority in the city, than by cherishing
the natural jealousy between the Senate and the peo-
ple ; that, by his declared enmity to the one, he might
always be at the head of the other ; whose favour he
managed, not with any view to the pubhc good, for
he had nothing in him of the statesman, or the patriot,
but to the advancement of his private interest and glo-
ry. In short, he was crafty, cruel, covetous, perfidi-
ous, of a temper and talents greatly serviceable abroad,
but turbulent and dangerous at home : an implacable
enemy to the nobles, ever seeking occasions to mortify
them, and ready to sacrifice the Republic, which he
had saved, to his ambition and revenge. After a life
Sect. I. CICERO.
2.9
spent ill the perpetual toils of foreign or domestic wars,
he died at last in his bed, in a good old age, and in his
seventh consulship, an honour that no Roman before
him ever attained ; which is urged by Cotta the aca-
demic, as one argument, amongst others, against the
existence of a Providence *.
The transactions of the Forum were greatly inter-
rupted by these civil dissensions, in which some of the
best orators were killed, others banished : Cicero how-
ever attended the harangues of the magistrates, who
possessed the rostra in their turns ; and being now a-
bout the age of twenty-one, drew up probably those
rhetorical pieces which were published by him, as he
tells us, when very young, and are supposed to be the
same that still remain on the subject of invention ;
but he condemned, and retracted them afterwards in
his advanced age, as unworthy of his maturer judgment,
and the work only of a boy, attempting to digest into
order the precepts which he had brought away from
* Natus equestrl loco. [Veil. Pat. 2. xi.] Se P. Africani
discipulum ac mllitem, [pr. Balb. 20. Val, Max. 8. 15 ] Po-
pulus Rom, non alium repellendis tantis hostibus magis idoneum,
quam Marium est ratus. [Veil. Pat. 2. I2.] Bis Italiam obsi-
dlone ct metu llberavit servitutls. [in Cat. 4. x 3 Omnes socii
atque hostes credere, illi aat mentem divinam esse, aut Deorum
Eutu cuncta portendi. [Sallust. Bell. Jug. 92.] Conspicuas fe-
licitatis Arpinum, sive unicum litterarurn glorisissimum contemp-
torem, sive abundantlssimum fontem intueri velis. [Val. Max.
2. 2.] Quantum bello optimus, tantum pace pessimus 5 immodi-
cus gloriie, insatiabilis, impotens, semperque inquietus. [Veil.
Pat. 2. xi.J Cur omnium perfidiosissimus, C. Marius, Q^Catu-
lum, praestantissima dignitate virum, mori potuit jubere ^ ■
cur tarn feliciter, septimum consul, domi sus senex est mortuus^
[De Nat. Deor. 3. 32.]
go The life of Sect. I.
school *. In the mean while, Philo, a philosopher of
the first name in the academy, with many of the prin-
cipal Athenians, fled to Rome from the fury of Mith-
ridates, who had made himself master of Athens, and
all the neighbouring parts of Greece, Cicero immedi-
ately became his scholar, and was exceedingly taken
with his philosophy ; and, by the help of such a profes-
sor, gave himself up to that study with the greater in-
clination, as there was cause to apprehend, that the
laws and judicial proceedings which he had designed
for the ground of his fame and fortunes, would be
wholly overturned by the continuance of the public
disorders f .
But Cinna's party having quelled all opposition at
home, while Sylla was engaged abroad in the MitbrJ-
datic war, there was a cessation of arms within the ci-^
ty for about three years, so that the course of pubhc
business began to flow again in its usual channel ; and
Molo the Rhodian, one of the principal orators of that
age, and the most celebrated teacher of eloquence, hap-
pening to come to Rome at the same time, Cicero pre-
sently took the benefit of his lectures, and resumed his
oratorial studies with his former ardour %. But the
greatest spur to his industry was the fame and splen-
dour of Hortensius, who made the first figure at the
bar, and whose praises fired him with such ambition of
* Quae puerls aut adolescentulis nobis, ex commentariolis no3-
trls inchoata ac rudia exciderunt, vix hac actate digna, et hoc usu,
&c. De Orat. i. 2. Quintil. I. 3. 6.
■f- Eodem tempore, cum princeps acadcmlae Philo, cum AtKe-
niensium optlmatibus, Mithiidatlco bello domo profugisset, Ro-
mamque venisset : totum ei me tradidi, &c. Brut. 430.
% Eodem anno Moloni dedimus operam. Ibid.
Sect. L CICERO.
31
acquiring the same glory, that he scarce allowed him-
self any rest from his studies either day or night : he
had in the house with him Diodotus the stoic, as- his
preceptor in various parts of learning, but more parti-
cularly in logic ; which Zeno, as he tells us, used to call
a close and contracted eloquence ; as he called eloquence
an enlarged and dilated logic ; comparing the one to the
fist or hand doubled ; the other ^ to the palm opened *',
Yet, with all his attention to logic, he never suffered a
day to pass, without some exercise in oratory ; chiefly
that of declaiming, which he generally performed with
his fellow students, M. Piso and Q^ Pompeius, two
young noblemen, a little older than himself, with
whom he had contracted an intimate friendship.
They declaimed some times in Latin, but much of-
tener in Greek ; because the Greek furnished a great-
er variety of elegant expressions, and an opportunity
of imitating and introducing^ them into the Latin ; and
because the Greek masters, who were far the best,
could not correct and improve them, unless tliey de-
claimed in that language f .
In this interval Sylla was performing great exploits
against Mithridates, whom he had driven out of Greece
and Asia, and confined once more to his ov/n territo-
ry ; yet at Rome, where Cinna was master, he was de-
clared a public enemy, and his estate confiscated : this
insult upon his honour and fortunes made him very de-
* Zeno quidem ille, a quo difcipllna Stoicorum est, rnaiiu de-
monstrare solebat, quid inter hr»s artes interesset. Nam cum com-
presserat digitos, pugnuraque fecerat, dialecticam aiebat ejusmoMi
esse : curn autctn diduxerat, et manum dlLitaverat, palmie illius
similem eloquentiam esse dicebat. Orator. 259. edit. Larah.
t Brut. p. 357. A%1.
3^ The LIFE of Sect. L
sirous to be at home again, in order to take his revenge
upon his adversaries : so that, after all his success in
the war, he was glad to put an end to it by an honour-
able peace ; the chief article of which was, that Mithri-
dates should defray the whole expence of it, and con-
tent himself for the future with his hereditary king-
dom. On his return he brought away with him from
Athens the famous library of ApeUicon the Teian, in
which were the works of Aristotle and Theophrastus,
that were hardly known before in Italy, or to be found
indeed entire any where else *. He wrote a letter at
the same time to the senate, setting forth his great ser-
vices, and the ingratitude with which he had been
treated ; and acquainting them, that he was coming to
do justice to the Republic, and to himself, upon the
authors of those violences : this raised great terrors in
the city ; which having lately felt the horrible effects
of Marius's entry, expected to see the same tragedy
acted over again by Sylla.
But while his enemies were busy in gathering forces
to oppose him, Cinna, the chief of them, was killed in
a mutiny of his own soldiers : upon this Sylla hasten-
ed his march, to take the benefit of that disturbance,
and landed at Brundisium with about thirty thousand
men : hither many of the nobility presently resorted
to him, and among them young Pompey, about twen-
ty three years old ; who, without any pubUc charac-
ter or commission, brought along with him three le-
gions, which he had raised by his own credit out of the
veterans who had served under his father : he was
kindly received by Sylla, to whom he did great service
» Plut. Life of Syll.
Sect. I. CICERO. g3
in the progress of the w£tr, and was ever after much
favoured and employed by him *.
Sylla now carried all before him : he defeated one
of the consuls, Norbanus, and, by the pretence of a
treaty wdth the other consul, Scipio, found means to
corrupt his army, and draw it over to himself f : he
gave Scipio however his life, who went into a voluntary
exile at Marseilles J. The new consuls chosen in the
mean time at Rome, were Cn. Papirius Carbo and
young Marius ; the first of whom, after several de-
feats, was driven out of Italy, and the second besieged
in Prasneste ; where, being reduced to extremity, and
despairing of relief, he wrote to Damasippus, then prae-
tor of the city, to call a meeting of the senators, as if
upon business of importance, and put the principal of
them to the sword : in this massacre many of the no-
bles perished, and did Scaevola, the High Priest, the
pattern of ancient temperance and prudence, as Cice-
ro calls him, v/as slain before the altar of Vesta || : af-
ter which sacrifice of noble blood to the iJianes of his
father, young Marius put an end to his own life.
Pompey at the same time pursued Carbo into Sici-
ly, a?id, having taken him at Lilybeum, sent his head
to Sylla, though he begged his life in an abject man-
ner at his feet : this drew some reproach upon Pom-
pey, for killing a man to whom he had been highly
obliged, on an occasion where his father's hon6ur and
* Appian. Bell, civ, 1. i. 397, 399. ,
f Sylla cum Scipione inter Ca e^ et Teanum— leges int^r se et
conditiones contulerunt ; no.n tenuit omnino colloquium illud fi-
dem, a vi tamen et periculo abfuit. Philip. 12. xi.
:j: Pro Sextio, 3. || De Nat. Deor. 3. 32,
Vol. I, G
34
The life of Sect. L
his own fortunes were attacked. But this is the con-
stant effect of factions in states, to make men prefer
the interests of a party to all the considerations, either
of private or public duty ; and it is not strange that
Pompey, young and ambitious, should pay more re-
gard to the power of Sylla, than to a scruple of honour
or gratitude '^. Cicero however says of this Carbo,
that there never was a worse citizen, or more wicked
man f ; which will go a great way towards excusing
Pompey 's act.
Sylla having subdued all who were in arms against
him, was now at leisure to take his full revenge on their
friends and adherents ; in which, by the detestable
method of a proscription, of which he was the first au-
thor and inventor, he exercised a more infamous cruel-
ty than had ever been practised in cold blood, in that,
or perhaps in any other city J. The proscription w^as
not confined to Rome, but carried through all the
towns of Italy : where, besides the crime of party,
which was pardoned to none, it was fatal to be posses-
* Sed nobis tacentibus Cn. Carbonis, a quo admodum adolc-
fcens de paternis bonis in foro dimicans protectus es, jussu tuo in-
terempti mors animis hominum obversabitur, non sine aliqua re-
prehensione : quia tarn ingrato facto, plus L. Syih=e viribus, quam
propriae indulsisti verecundice. Val. Max. 5. 3.
f Hoc veto, qui Lilybei a Pompeio nostro est interfectus, im-
probior nemo, meo judicio, fuit. Ep. fam. 9. 21.
X Primus ille, et utinam ultimus, exemplum proscriptionis in-
venit, &:c. Veil. Pat, 2. 28. N. B. The manner oi pt^oscribing
was, to write down the names of those who were doomed to die,
and expose them on tables fixt up in the public places of the city,
with the promise of a certain reward for the head of each person
so proscribed. So that, though Marius and Cinna massacred their
enemies with the same cruelty in cold blood, yet they did not do
it in the way of proscription^ nor with the offer of a reward to the
muvderers.
Sect. I. CICERO. 35
sed of money, lands, or a pleasant seat ; all manner of
licence being indulged to an insolent army, of carving
for themselves w^hat fortunes they pleased *.
In this general destruction of the Marian faction,
J. Caesar, then about seventeen years old, had much
difficulty to escape with life : he was nearly allied to
old Marius, and had married Cinna's daughter ; whom
he could not be induced to put away, by all the threats
of Sylla ; who considering him, for that reason, as ir-
reconcileable to his interests, deprived him of his wife's
fortune and the priesthood, which he had obtained*.
Caesar, therefore, apprehending still somewhat worse,
thought it prudent to retire and conceal himself in the
country, where, being discovered accidentally by Syl-
la's soldiers, he was forced to redeem his head by a ve-
ry large sum : but the intercession of the Vestal Vir-
gins, and the authority of his powerful relations, ex-
torted a grant of his hfe very unwillingly from Sylla ;
who bade them take notice, that he, for whose safety
ttiey were so solicitous, would one day be the ruin of
that aristocracy which he was then establishing with
so much pains, for that he saw many Marius's in one
Caesar f . The event confirmed Sylla's prediction ; for,
hy the experience of these times, young Caesar was in-
structed both how to form, and to execute that scheme,
* Namqne uti quisque domum aut vlllam, postrerao aut vas aut
vestimentum alicujus concuplverat, dabat operam, ut is in pro-
jcriptorum numero esset. — nequc prius finis jugulandi fuit, quani
Sylla omnes suos divitiis explevit. Sallust. c. 51. Plut. Sylla,
f Scirent cum, quam incolumem tanto opere cuperent, quando-
que optimatium partibus, quas secum simul defcndissent, exitio
futurum : nam Csesari multos Marios inesse. [Sueton, J. Cxs.
c. I. Plutar. m Caes. J.] — Cinnac gener, cujus filium ut repudiaret,
nuUo modo coHipelli potuit. Veil. Pat, i» 24.
C2
^6 The LIFE of Sect, t
which was the grand purpose of his whole Hfe, of op-
pressing the liberty of his country.
As soon as the proscriptions were over, and the scene
grown a httle calm, L. Flaccus, being chosen interrex,
declared Sylld dictator for setthng the state of the re-
public, without any limitation of time, and ratified
whatever he had done, or should do, by a special law,
that empowered him to put any citizen to death with-
out hearing or trial *. This office of dictator, which,
in early times, had oft been of singular service to the
republic in cases of difficulty and distress, was now
grown odious and suspected, in the present state of its
wealth and power, as dangerous to the pubhc liberty,
and for that reason had been wholly disused and laid
aside for one hundred and twenty years past f : so that
riaccus's law was the pure effect of force and terror ;
and, though pretended to be made by the people, was
utterly detested by them. Sylla, however, being in-
vested by it with absolute authority, made many use-
ful regulations for the better order of the government ;
and, by the plenitude of his power, changed in great
measure the whole constitution of it from a democra-
tical to an aristocratical form, by advancing the prero-
gative of the senate, and depressing that of the people.
He took from the equestrian order the judgment of all
causes, which they had enjoyed from the time of Grac-
chi, and restored it to the senate ; deprived the people
* De Leg. Agrar. con. RuU, 3. 2.
f Cujus honoris usurpatio per annos cxx. intermissa— ut ap-
pareat populum Romanum usum Dictatoris non tam desiderasse,
quam timuisse potestatem imperii, quo priores ad vindicandam
maximis periculis Rempub. usi fuerant. Veil. Pat. 2. 28.
Sect, I, CICERO. 37
of the right of choosing the priests, and replaced it in
the colleges of priests ; but, above all, he abridged the
immoderate power of the tribunes, which had been the
chief source of all their civil dissensions ; for he made
them incapable of any other magistracy after the tri^
bunate ; restrained the liberty of appealing to them ;
took from them their capital privilege of proposing
laws to the people ; and left them nothing but their
negative ; or, as Cicero says, " the power only of help-
*' ing, not of hurting any one *." But that he might
not be suspected of aiming at perpetual tyranny, and
a total subversion of the republic, he suffered the con-
suls to be chosen in the regular manner, and to go-
vern, as usual, in all the ordinary affairs of the city :
whilst he employed himself- particularly in reforming
the disorders of the state, by putting his new laws in
execution ; and in distributing the confiscated lands
of the adverse party among his legions : so that the
republic seemed to be once more settled on a legal ba-
sis, and the laws and judicial proceedings began to
flourish in the Forum. About the same time, Molo
the Rhodian came again to Rome, to solicit the pay-
ment of what was due to his country, for their services
in the Mitliridatic war ; which gave Cicero an oppor-
tunity of putting himself a second time under his di-
rection, and perfecting his oratorical talents, by the far-
ther instructions of so renowned a master f : whose a-
bilities an4 character were so highly reverenced, that
he was the first of all foreigners who was ever allowed
* De Icgib. 3. 10, It. vid. Pigh. Annal. ad A, Urb, 672.
j- Brut, p, 434.
38 The LIFE ov Sect. L
to speak to the senate in Greek without an interpre-
ter *. Which shews in what vogue the Greek learn-
ing, and especially eloquence, flourished at this time
in Rome.
Cicero had now run through all that course of dis-
cipline, which he lays down as necessary to form the
complete orator : for, in his treatise on that subject,
he gives us his own sentiments in the person of Cras-
sus, on the institution requisite to that character ; de-
claring, that no man ought to pretend to it, without
being previously acquainted with every thing worth
knowing in art or nature ; that this is implied in the
very name of an orator, whose profession it is to speak
upon every subject which can be proposed to him ;
and whose eloquence, without the knowledge of what
he speaks, would be the prattle only and impertinence
of children f . He had learnt the rudiments of gram-
mar, and languages, from the ablest teachers ; gone
through the studies of humanity and the politer let-
ters with the poet Archias ; been instructed in philo-
sophy by the principal professors of each sect ; Phae-
drus the Epicurean, Philo the Academic, Diodotus the
Stoic ; acquired a perfect knov/ledge of the law, from
the greatest lawyers, as well as the greatest statesmen
of Rome, the two Scaevolas ; all which accomphsh-
ments were but ministerial and subservient to that on
which his hopes and ambition were singly placed, the
* Eum ante omnes exterarum gentium in senatu sine Interprete
auditum constat. Val. Max. 2. 2.
f Ac raea quidem sententia, nemo poterit esse omni laude cu-
mulatus orator, nisi erit omnium rcrum magnarum, atque artium
sclentiam consecutus, De Orat. 1. 6. 2. 2.
Sect. L CICERO.
39
reputation of an>rator : To qualify himself therefore
particularly for this, he attended the pleadings of all
the speakers of his time ; heard the daily lectures of
the most eminent orators of Greece, and \^'as perpe-
tually composing ^somewhat at home, and. declaiming
under their correction : and that he might neglect no-
thing which could help in any degree to improve and
polish his stile, he spent the intervals of his leisure in
the company of the ladies ; especially of those who
were remarkable for a politeness of language, and
whose fathers had been distinguished by a*fame and
reputation of their eloquence. While he studied the
law therefore under Scasvola the Augur, he frequent-
ly conversed with his wife Lseha, whose discourse, he
says, was tinctured with all the elegance of her father
Laelius, the politest speaker of his age * : he was ac-
quainted likewise with her daughter Mucia, who mar-
ried the great orator L. Crassus, and with her grand-
daughters, the two LicinicC ; one of them, the wife of
L. Scipio, the other of young Marius ; who all excel-
led in that delicacy of the Latin tongue, which was
peculiar to their families, and valued themselves on
preserving and propagating it to their posterity.
Thus adorned and accomplished, he offered himself
to the bar about the age of twenty-six ; not as others
generally did, raw and ignorant of their business, and
wanting to be formed to it by use and experience f ,
* Lcglmus epistolas Corneliae, matris Gracchorum — auditus est
nobis Lgelisc, Caii fillae, saepe sermo : ergo illam patris elegantia
tinctam vidimus; et filius ejus Mucias ambas, quarum sermo mihi
fuit notus, &c. Brut. 319.
•j lb. 433-
C4
^0 Thbt life or Sect. L
but finished and qualified at once to sustain any cause
which should be committed to him. It has been con-
troverted, both by the ancients and moderns, what
was the first cause in which he was engaged ; some
give it for that of P. Quinctius, others for S. Roseius :
but neither of them are in the right ; for, in his ora-
tion for Quinctius, he expressly declares, that he had
pleaded other causes before it ; and in that for Ros-
eius, says only, that it was the first public or criminal
cause in which he was concerned : and it is reasonable
to imagine, that he tried his strength, and acquired
some credit in private causes, before he would venture
upon a public one of that importance ; agreeably to
the advice which Quintilian gives to his young plead--
ers *, whose rules are generally drawn from the prac-
tice and example of Cicero.
The cause of P. Quinctius, was to defend him fron^
^n action of bankruptcy brought against him by a cre-r
ditor, who, on pretence of his having forfeited his re-
cognizance, and withdrawn himself from justice, had
obtained a decree to seize his estate, and expose it to
sale. The creditor was one of the public criers, who
attended the niagistrates, and, by his interest among
them, was likely to oppress Quinctius, and had already
gained an advantage against him, by the authority of
Hortensius, who was his advocate. Cicero entered in-
to the cause, at the earnest desire of the famed come-
dian Roseius, whose sister was Quinctius*s wife f : he
endeavoured at first to 'excuse himself; alleging, that
he should not be able to speak a word against Hor-
f QuintiL 12, 6. t P'^o Quinct. 2:\.
Sect. 1 GICERO. 4t
tensius, any more than the other players could act
with any spirit before Roscius ; but Roscius would
take no excuse, having formed such a judgment of
him, as to think no man capable of so supporting a des-
perate cause against a crafty and powerful adversary.
After he had given a specimen of himself to the
city, in this and several other private causes, he un-
dertook the celebrated defence of S. Roscius of Ame-
ria, in his 27th year; the same age, as the learned
have observed, in which DemostSenes first began to
distinguish himself in Athens ; as if in these geniuses
of the first magnitude, that was the proper season of
blooming towards maturity. The case of Roscius was
this : — His father was killed in the late proscription of
Sylla, and his estate, worth about 6o,oqo1. Sterling,
was sold among the confiscated estates of the proscrib-
ed, for a trifling sum, to L. Cornelius Chrysogonus, a
young favourite slave, whom Sylla had made free ;
who, to secure his possession of it, accused the son of
the murder of his father, and had provided evidence
to convict him ; — so that the young man was like to
be deprived, not only of his fortunes, but, by a more
villainous cruelty, of his honour also, and his life. All
the old advocates refused to defend him, fearing the
power of the prosecutor, and the resentment of Syl-
la * ; since Roscius's defence would necessarily lead
* Ita loqui homines •, — huic patronos propter ChrysogonI gra-
tiam defuturos, — ipso nomine parricidii et atrocitate criminis fore,
ut hlc nuUo negotio tolleretur, cum a nuUo defensus sit. — Patro-
nos huic defuturos putaverunt j desunt. Qui libere dicat, qui
pum fide defendat, non deest profecto, Judices. — Pr. Roscia
Amor. 10, II.
4^ The LIFE of Sect, L
them into many complaints on the times, and the op-
pressions of the great : but Cicero readily undertook
it, as a glorious opportunity of enlisting himself into
the service of his country, and giving a public testi-
mony of his principles and zeal for that liberty to
which he had devoted the labours of his life. Roscius
was acquitted, to the great honour of Cicero, whose
courage and address, in defending him, was applaud-
ed by the whole city ; so that from this moment he
was looked upon as an advocate of the first class, and
equal to the greatest causes *.
Having occasion, in the course of his pleading, to
mention that remarkable punishment which their an-
cestors had contrived " for the murder of a parent, of
" sewing the criminal alive into a sack, and throwing
" him into a river," he says, " that the meaning of it
" was, to strike him at once as it were out of the sys-
" tem of nature, by taking him from the air, the sun,
" the water, and the earth ; that he who had destroy-
" ed the author of his being, should lose the benefit of
" those elements whence all things derive their being.
" They would not throw him to the beasts, lest the
" contagion of such wickedness should make the beasts
" themselves more furious : they would not commit
" him naked to the stream, lest he should pollute the
" very sea, which was the purifier of all other pollu-
" tions : they left him no share of any thing natural,
" how vile or common soever : for what is so common
* Prima causa publica, pro S. Roscio dicta, tantum commen.
dationis habuit, ut non uUa esset, quae non nostro digna patroci-
mo videretur. Deinceps inde multae. Brut. 434.
Sect. I. CICERO.
43
" as breath to the living, earth to the dead, the sea to
" those who float, the shore to those who are cast up ?
" Yet these wretches hve so, as long as they can, as
" not to draw breath from the air ; die so, as not to
" touch the ground ; are so tossed by the waves, as
" not to be washed by them ; so cast out upon the
" shore, as to find no rest even on the rocks *." This
passage was received with acclamations of applause ;
yet speaking of it afterwards himself, he calls it " the
"redundancy of a juvenal fancy, which wanted the
" correction of his sounder judgment ^ nad, like all the
" compositions of young men, was not applauded so
" much for its own sake, as for the hopes which it
" gave of his more improved and ripened talents f ."
The popularity of his cause, and the favour of the
audience, gave him such spirits, that he exposed the
insolence and villany of the favourite Chrysogonus
with great gaiety, and ventured even to mingle seve-
ral bold strokes at Sylla himself; which he took care
however to palhate, by observing, " that, through the
" multipHcity of Sylla's affairs, who reigned as abso-
" lute on earth as Jupiter did in heaven, it was not
" possible for him to know, and necessary even to
" connive at, many things which his favourites did a-
" gainst his will J. He would not complain," he says,
" in times like those, that an innocent man's estate
" was exposed to pubhc sale ; for, were it allowed to
" him to speak freely on that head, Roscius was not a
" person of such consequence, that he should make a
* Pro Rose. 26. f Orat. 258. ed. Lamb.
% Pro Rose. 45»
44
Th£ life of Sect. 1.
" particular complaint on his account ; but he must
*' insist upon it, that, by the law of the proscription it-
" self, whether it was Flaccus^s the Interrex, or Sylla's
*' the Dictator, for he knew not which to call it, Ro~
" scius's estate was not forfeited, nor hable to be sold *.
In the conclusion, he puts the judges in mind, " that
" nothing was so much aimed at by the prosecutors in
** this trial, as, by the condemnation of Roscius, to gain
** a precedent for destroying the children of the pro-
" scribed : he conjures them therefore, by all the gods,
" not to be the authors of reviving a second proscrip-
" tion, more barbarous and cruel than the first : that
" the Senate refused to bear any part in the first, lest
" it should be thought to be authorised by the public
*' council ; — that it was their business, by this sen-
^' tence, to put a stop to that spirit of cruelty which
" then possessed the city, so pernicious to the republic,
*' and so contrary to the temper and character of their
" ancestors." — : —
As by this defence he acquired a great reputation
in his youth, so he reflects upon it with pleasure in old
age, and recommends it to his son, as the surest way
to true glory and authority in his country ; to defend
the innocent in distress, especially when they happen
to be oppressed by the power of the great ; as I have
often done, says he, in other causes, but particularly
in that of Roscius, against Sylla himself in the height
pf his power f . A noble lesson to all advancers, to
* Pro Rose. 43.
f Ut nos & ssepe alias &. adolescentes, contra L. Sullae domi-
nantls opes pro S. Roscio AmerinQ fecimus j quse, ut scis, cxt^t
Oratio. De Offic. 2. 14,
Sect. I. CICERO,
45
apply their talents to the protection of innocence and
injured virtue ; and to make justice, not profit, the
rule and end of their labours.
Plutarch says, that presently after this trial Cicero
took occasion to travel abroad, on pretence of his
health, but in reahty to avoid the effeds of Sylla's
displeasure : but there seems to be no ground for this
notion : for Sylla's revenge was now satiated, and
his mind wholly bent on restoring the public tran-
quillity; and it is evident, that Cicero continued a
year after this in Rome without any apprehen-
sion of danger, engaged, as before, in the same task
of pleading causes*; and in one especially, more
obnoxious to Sylla's resentment, even than that of
Roscius ; for, in the case of a woman of Arretium, he
d-efended the right of certain towns of Italy to the
freedom of Rome, though Sylla himself had deprived
him of it by an express law ; maintaining it to be one
of those natural rights, which no law or power on earth
could take from them ; in which also he carried his
point, in opposition to Cotta, an orator of the first cha-
racter and abilities, who pleaded against him f .
But we have a clear account from himself of the
real motive of his journey ; " my body," says he, " at this
* Prima causa publlca pro S. Roscio dicta — deinceps inde mult*
—Itaque cum essem biennlum versatus in causis. Brut. p. 434. 437-
f Populas Romanus, L. Sulla Dictatore ferente, comitils cen-
turiatis, municiplis civitatem ademit : ademit iisdem agros : de a-
gris ratum est : fuit enim populi potestas : de civitate ne tamdiu
quldem valuit, quamdiu ilia Sullani temporis arma valuerunt. At-
que ego lianc adolescentulus causam cum agercm, contra hominera
disertissimum contradlcente Cotta, & Sulla vivo, judicatum est.
Pr. dom. ad Pontif. ^^, pr. Csecina. 35.
46 The LIFE of Sect. L
" time was exceedingly weak and emaciated; my neck
" long and small ; which is a habit thought liable to
" great risk of life, if engaged in any fatigue or labour
" of the lungs; and it gave the greater alarm to those
" who had a regard for me, that I used to speak with-
" out any remission or variation, with the utmost stretch
" of my voice, and great agitation of my body ; when
" my friends therefore and physicians advised me to
" meddle no more with causes, I resolved to run any
" hazard, rather than quit the hopes of glory, which I
•' proposed to myself from pleading : but when I consi-
" dered, that, by managing my voice, and changing
" my way of speaking, I might both avoid all danger,
" and speak with more ease, I took a resolution of tra-
" veiling into Asia, merely for an opportunity of cor-
" recting my manner of speaking : so that after I
" had been two years at the bar, and acquired a re-
" putation in the forum, I left Rome," &c. *.
He was twenty-eight years old, when he set for-
wards upon his travels to Greece and Asia ; the fa-
shionable tour of all those who travelled either for
curiosity or improvement ; his first visit was to Athens,
the capital seat of arts and sciences ; where some wri-
ters tell us, that he spent three years f , though in
truth it was but six months : he took up his quarters
with Antiochus, the principal philosopher of the old a-
cademy ; and under this excellent master renewed, he
says, those studies which he had been fond of from his
earliest youth. Here he met with his school-fellow,
* Brut. 437. f Eusebii Chron,
Sect. L CICERO.
47
T. Pomponius, who from his love to Athens, and his
spending a great part of his days in it, obtained the
surname of Atticus*; and here they revived and con-
firmed that memorable friendship, which subsisted
between them through life, with so celebrated a con-
stancy and affection. Atticus, being an Epicurean,
was often drawing Cicero from his host Antiochus to
the conversation of Phaedrus and old Zeno, the chief
professors of that sect, in hopes of making him a con-
vert ; on which subjed: they used to have many dis-
putes between themselves : but Cicero's view in these
visits was but to convince himself more effectually of
the weakness of that doctrine, by observing how easi-
ly it might be confuted, when explained even by the
ablest teachers f . Yet he did not give himself up so
entirely to philosophy, as to neglect his rhetorical ex-
ercises, which he performed still every day very dili-
gently with Demetrius the Syrian, an experienced
master of the art of speaking J.
It was in this first journey to Athens, that he was
initiated most probably into the Eleusinian mysteries :
for though we have no account of the time, yet we
cannot fix it better than in a voyage midertaken both
for the improvement of his mind and body. The re-
verence with which he always speaks of these myste-
ries, and the hints that he has dropt of their end and
* Pomponius-— ita enim se Athenis coUocavit, ut sit paene uniis
ex Atticis, Sc id etiam cognomine videatur habiturus. De Fin. 5. 2.
f De Fin. i. 5. de Nat. Deor. i. 2i.
4: Eodem tamen tempore apud Demetrium Syrum, veterem &
non ignobilem dicendi magistrum, studlose exerceri solcbam.
Brut, 437.
48 The LIFE of Sect.!
use, sfeem to coniirm what a very learned and ingeni-
ous \rater has dehvered of them, that they were con-
trived to inculcate the unity of God, and the immor-
tality of the soul *. As for the first, after observing
to Atticus, who was one also of the initiated, how the
gods of the popular religions were all but deceased
mortals, advanced from earth to heaven, he bids him
remember the doctrines of the mysteries, in order to
recollect the universality of that truth : arid as to the
second, he declares his initiation to be in fact, what
the name itself implied, a real beginning of hfe ta
him ; as it taught the way, not only of living with
greater pleasure, but of dying also with a better hopef -
* See Mr Warburton's Divine Legation of Mosesy Vol. I.
f Ipsi, illi, inajorum gentium Dii qui habentur, hinc a nobis
in ccelum profecti reperientur— reminiscere, quoniam cs initiatus,
quse traduntur mvsteriis j turn denlque quam hoc late pateat in-
telliges. Tusc. Qusest. i. 13.
Initiaque, ut appellantur, ita revera principia vitae cognovi-
mus : neque solum cum Igetitia vivendi rationem accepimus, sed
etiam cum spe meliore morendi. De Leg. 2. 14.
N. B. These mysteries were celebrated at stated seasons of
the year, with solemn shews and a great pomp of machinery,
which drew a mighty concourse to them from all countries. L.
Crassus the great orator happened to come two days after they
were over, and would gladly have persuaded the Magistrates to
renew them, but not being able to prevail, left the city in disgust
* : which shews how cautious they were of making them too
cheap, when they refused the sight of them out of the proper sea-
son to one of the first senators of Rome. The shews are suppos-
ed to have exhibited a representation of Heaven, Hell, Elysium,
Purgatory, and all that related to th* future state of the dead j
being contrived to inculcate more sensibly, and exemplify the
doctrines delivered to the initiated ; and as they were a proper
subject for poetry, so they are frequently alluded to by the an-
cient Poets. Cicero, in one of his Letters to Atticus, begs of
him, at the request of Chilius, an eminent poet of that age, to
send them a relation of the Elcusinian rites, which were designed
• Diutius essem moratus, nisi Atheniensibus, qHod mysteria non referrent, ad
g,tJ»biduo sciius vcneram, succensuissem. Dc Qrat, 3. jc
Sect. I. CICERO. 49
From Athens he passed into Asia, where he gather-
ed about him all the principal orators of the country,
who kept him company through the rest of his voyage ;
and with whom he constantly exercised himself in e-
very place, where he made any stay. " The chief
" of them," says he, " was Menippus of Stratonica,
" the most eloquent of all the Asiatics ; and if to be
" neither tedious, nor impertinent, be the character-
" istic of an Attic orator, he may justly be ranked in
*' that class : Dionysius also of Magnesia, ^schylus
" of Cnidos, and Xenocles of Adramyttus, were con-
" tinually with me, who were reckoned the first rhe-
" toricians of Asia : nor yet content with these, I went
*' to Rhodes, and applied myself again to Molo, whom
" I had heard before at Rome ; who was both an ex^
" perienced pleader, and a fine writer, and particular-
" ly expert in observing the faults of his scholars, as
" well as in his method of teaching and improving
" them : his greatest trouble with me was to restrain
*' the exuberance of a juvenile imagination, always
" ready to overflow its banks, within its due and pro-
'* per channel *.
But as at Athens, where he employed himself chief-
ly in philosophy, he did not intermit his oratorical
probably for an episode or embellishment to some of Chilius's
works*. This confirms also the probability of that i.igenious
comment, which the s^me excellent writer has given on the sixth
book of the ^^ leid, where Virgl, as he observes in describing
the descent inio Hell, is but tricing out in their genuine order
the several scenes of the Eleusinian shews f.
* Chilius tc rogat, & egcJ ejus rogatu 'Ev/xox-rtSuv Tra-rpta Ad Att. X. 5.
f See Div. LegaC cf Moses, p. lJ^2.
* Brut. 437.
Vol. r. D
so-
The life of Sect. L
studies, so at Rhodes, where his chief study was ora-
tory, he gave some share also of his time to philoso-
phy with Posidonius, the most esteemed and learned
Stoic of that age ; whom he often speaks of with ho-
nour, not only as his master, but as his friend *. It
was his constant care, that the progress of his know-
ledge should keep pace with the improvement of his
eloquence ; he considered the one as the foundation:
of the other, and thought it in vain 'to acquire orna-
ments, before he had provided necessary furniture :
he declaimed here in Greek, because Molo did not un-
derstand Latin ; and, upon ending his declamation,
while the rest of the company were lavish of their
praises, Molo, instead of paying any compliment, sat
silent a considerable time, till observing Cicero some-
what disturbed at it, he said, " as for you, Cicero, I
*' praise and admire you, but pity the fortune of Greece,
* He mentions a story of this Posidonius, which Pompey of-
ten used to tell ^ that after the *' Mithridatic war, as he was re-
*' turning from Syria towards Rome, he called at Rhodes, on
*' purpose to hear him ; but being informed, on his arrival there,
*' that he was extremely ill of the gout, he had a mind however
** to see him ; and in his visit, when after the first compliments,
*' he began to express his concern for finding him so ill, that he
** could not have the pleasure to hear him : But you can hear
*' me,'' replied Posidonius • "•' nor shall it be said, that on the
" account of any bodily pain, I suffered so great a man to come
** to me in vain : upon which he entered presently into an argu-
*' ment, as he lay upon his bed, and maintained, with great elo-
*' quence, that nothing was really good, but what was honest :
" and being all the while in exquisite torture, he often cried out,
" O pain, thou shalt never gain thy point j for be as vexatious as
*' thou wilt, I will never own thee to be an evil." This was the
perfection of Stoical heroism, to defy sense and nature to the
last : while, another poor Stoic, Dionysius, a scholar of Zeno, the
founder of the sect, when, by the torture of the stone, he was for-
<^d to confess, that what his master had taught him was fal&e,
Sect. I. CICERO.
51
" to see arts and eloquence, the only ornaments which
*' were left to her, transplanted by you to Rome *."
Having thus finished the circuit of his travels, he came
back again to Italy, after an excursion of two years,
extremely improved, and changed as it were into a new"
man : the vehemence of his voice and action was mo-
derated ; the redundancy of his stile and fancy cor-
rected ; his lungs strengthened ; and his whole con-
stitution confirmed f .
This voyage of Cicero seems to be the only scheme
and pattern of travelHng, from which any real benefit
is to be expected : he did not stir abroad, till he had
completed his education at home ; for nothing can
be more pernicious to a nation, than the necessity of a
foreign one ; and, after he had acquired in his own
country whatever was proper to form a worthy citizen
and magistrate of Rome, he went confirmed by a ma ^
turity of age and reason against the impressions of vice,
not so much to learn as to polish v/hat he had learnt,
by visiting those places where arts and sciences flou-
rished in their greatest perfection. In a tour the most
delightful of the world, he saw every thing that could
entertain a curious traveller, yet staid no where any
longer than his benefit, not his pleasure, detained him.
By his previous knowledge of the law^s of Rome, he
was able to compare them with those of other cities,
and to bring back with him whatever he found useful.
and that he felt pain to be an evil, Is treated by all their writer^
as a poltroon and b^se deserter. Which shews, that all their
boasted firmness was owing rather to a false notion of honour and
reputation, than to any real principle, or conviction of reason.
Nat. Deor. 2. 24. de Finib,
* Plutar. Lif. of Cic. Brut. 43S.
D2
52 The LIFE of ' Sect, t
either to his country or to himself. He was lodged,
wherever he came!^ in the houses of the great and the
eminent ; not so much for their birth and wealth, as
for their virtue, knowledge, and learning ; men ho-
noured and reverenced in their several cities, as the
principal patriots, orators, and philosophers of the age :
these he tnade the coiistant companions of his travels ;
that he might not lose the opportunity, even on the
road, of profiting by their advice and experience : and,
from such a voyage, it is no wonder that he brought
back every acconiplishment which could improve and
adorn a man of sense.
Pompey returned about this time victorious from
Afric ; where he had greatly enlarged the bounds of
the empire, by the conquest and addition of many
new countries to the Roman dominion. He was re-
ceived with great marks of respect by the dictator Syl-
la, \vho went out to meet him at the head of the no-
bility, and saluted him by the title of Magnus, or the
Great ; which, from that authority, was ever after given
to him by all people. But his demand of a triumph
disgusted both Sylla and the senate ; who thought it
too ambitious in orie, who had passed through none of
the public offices, nor was of age to be 'a senator, to
aspire to an hoiiour, w^hich had never been granted,
except to consuls or prcetors : but Pompey, insisting on
his demand, extorted Sylla's consent, and was the first
whose triumphal car is said to have been drawn by e-
lephants, and the only one of the equestrian order who
ever triumphed : which gave an unusual joy to the
people, to see a man of their own body obtain so signal
an honour ; and much more, to see him descend again
Sect. I. CICERO.
5^
from it to his old rank and private condition among
the knights '*.
While Pompey, by his exploits in war, liad acquired
the surnam.e of the Great, J. Cresar, about six years
younger, was giving proofs likewise of his military ge-
nius, and serving as a volunteer at the siege of Mity-
lene ; a splendid and flourishing city of Lesbos, which
had assisted Mithridates in the late war, and perfidious-
ly delivered up to him M. Aquilius, a person of consu-
lar dignity, who had been sent embassador to that king,
and, after the defeat of the Roman army, had taken
refuge in Mitylene, as in a place of the greatest securi-
ty. Mithridates is said to have treated him with the
last indignity ; carrying him about in triumph, mount-
ed upon an ass, and forcing him to proclaim every
where aloud, that he was Aquilius, who had been the
chief cause of the war. But the town now paid dear
for that treachery, being taken by storm, and almost
demolished by Q^ Thermus : though Pompey restored
it afterw^ards to its former beauty and liberty, at the
request of his favourite freedman Theophanes. In this
siege Caesar obtained the honour of a civic crown ;
which, though made only of oaken leaves, was esteem-
ed the most reputable badge of martial virtue ; and
never bestowed, but for saving the life of a citizen, and
killing at the same time an enemy f .
* Belliim in Africa maKlmiim confecit, victorem exercitum d*-
portavit. Q^iid vero tarn inauditum, quam equitem Rom. trium-
phare ? Pro leg. Man. 2i. Africa vero tota siibacta— -Magni-
nue nomine, spolio inde capto, eques Romanus, id quod antea ne-
mo, curru triumphali invectus est. [Plin. Hist. Nat. 7. 26.] Ro-
mie primum juncti elephantes subicre currum Pompeii Magni A-
fricano triumpho. lb. 8. 2. Plutar. in Pomp.
" f Quid Mitylence ? quce certe vestrce, Qyirites, belli lege, et
£) 3 victorlsu
54
The life of Sect. I.
Sylla died while Cicero was at Athens, after he had
laid down the dictatorship and restored hberty to the
repubhc, and, with an uncommon greatness of mind,
lived many months as a private senator, and with per-
fect security, in that city, where he had exercised the
most bloody tyranny : but nothing was thought to be
greater in his character, than that, during the three
years, in which the Marians were masters of Italy, he
neither dissembled his resolution of pursuing them by
arms, nor neglected the war which he had upon his
hands ; but thought it his duty, first to chastise a fo-
reign enemy, before he took his revenge upon citi-
zens *. His family was noble and patrician, which
yet, through the indolence of his ancestors, had made
no figure in the republic for many generations, and
was almost ^unk into obscurity, till he produced it a-
gain into light, by aspiring to the honours of the state.
He was a lover and patron of polite letters ; having
been carefully instituted himself in all the learning of
Greece and Rome ; but, from a peculiar gaiety of
temper, and fondness for the company of mimics and
players, was drav/n, when young, into a life of luxury
and pleasure ; so that, v/hcn he was sent quaestor to
Marius in the Jugurthine w^ar, Marius complained, that,
vlctorige jure factpe funt : Urbs et natura et situ, et descriptione
sediiiciorum et pulcliritudine imprimis nobilis. [De leg. Agrar.
2, 16.] A Thermo in expugnatione Mitylenarum corona civica
donatus est. [Suet. J. Ca:;s. 2.] Hinc civicse coronx, miiitum
virtutis insigne clarissimuni. Piin. Nat. Hist, 16. 4. Veil. Pat.
2. 18. Vid. Appian. Bell. Mithrid. p. 1S4. Val. Max. 9. 13.
* Vix quidcjuam in Syllse operibus clarius duxerim, quam quod,
cum per triennium ClnnantC Marianieque partes Italiara obsiderent,
neque illaturiira se beilum cis.dissimulavit, nee quod erat in ma-
Tiibus omisit \ exiatimavitque ante frang^endum hostem, quam ul-
cisctiiJuni civera. Veil. Pdt. 2. 24.
Sect. I. CICERO. 55
in so rough and desperate a service, chance had given
him so soft and delicate a quaestor. But, whether
roused by the example, or stung by the reproach of his
general, he behaved himself in that charge with the
greatest vigour and courage, suffering no man to outdo
him in any part of military duty or labour, making
himself equal and familiar even to the lowest of the
soldiers, and obliging them all by his good offices and
his money ; so that he soon acquired the favour of the
army, with the character of a brave and skilful com-
mander ; and lived to drive Marius himself, banished
and proscribed, into that very province where he had
been contemned by him at first as his quaestor *. He
had a wonderful faculty of concealing his passions and
purposes, and was so different from himself in different
circumstances, that he seemed, as it w^ere, to be two
men in one : no man w^as ever more mild and mode-
rate before victory ; none more bloody and cruel after
it f . In war he practised the same art that he had
seen so successful to Mariu-s, of raising a kind of en-
thusiasm and contempt of danger in his army, by the
* Gentis Patriciae nobilis fult 5 famllia prope jam extlncta ma-
jorum ignavia : litteris Grascis atque Latinls juxta atque doctisslme
eruditus. [Sallust. Bell. Jugurth. 95,] Usque ad qusesturte suiu
comitia, vitam libidini, vino, ludlcrse artis amore inquinatam per-
duxlt. Quapropter C. Marlum consulem moleste tullsse traditiir.
quod sibi, asperrimum in Africa bellum gcrcnti, tarn delicatus
qu^stor forte obvenisset, &c. [Val. I\Iax. 6. 9.] Sallust. ib.
f Ad simulanda negotia altitudo ingenii incredibilis. — [Sallust.
ib.] — quse tarn divcrsa, tamque iiter se contraria, si quis apud a-
nimum suum expendere velit, duos in uno homine Syllas fuisse
crediderit. [Val. M. 6. 9.] Adeo enim Sylla fuit dissimllis bel-
lator ac victor, ut dum vincit justissimo lenior j post victoriam
audito fuerit crudelior — ut in eodem homine duplicis ac dlversis-
simi animi conspiceretur cxemplum. Veil. Pat. 2. 25.
I>4 .
$6 The LIFE of Sect, t
forgery of auspices and divine admonitions : for which
end he carried ahvays about with him a Httle statue
of Apollo taken from the Temple of Delphi : and,
whenever he had resolved to give battle, used to em-
brace it in sight of the soldiers, and beg the speedy
confirmation of its promises to him. *. From an unin-
terrupted course of success and prosperity, he assumed
a surname, unknown before to the Romans, of Felix,
or '/^ ' Fjrtu ate : " and would have been fortunate
" indeed " says Velleius, *' if his life had ended with
" his victories f ." Pliny calls it a wicked title, drawn
from the blood and oppression of his country ; for
which posterity would think him more unfortunate, e-
van than those whom he had put to death :f . He had
one felicity, however, peculiar to himself, of being the
only man in history, in whom the odium of the most
barbarous cruelties was distinguished by the glory of
his great acts. Cicero, though he had a good opinion
of his cause, yet detested the inhumanity of his victo-
ry, and never speaks of him with respect, nor of his go-
vernment, but as a proper tyranny ; calling him a mas-
ter of three most pestilent vices, luxury, avarice, cruel-
ty ||. He was the first of his family whose dead body
was burnt : for, having ordered Marius's remains to be
* Quoties prEellum committere destinabat, p-^rvum Apollinis
signum Delphis sublatum, in cons'/ecta militum complexus, ora-
bat. uti promlssa maturaret. Val. M. i. 2. de Div. i. 33,
•f- Quod quidem u^urpasset justissirae, si euiidem et vincendl et
vivendi finem habuisset. Veil. Pat. 2. 27.
X Unus h minum ad hoc aevi Felic;s sibl cognomen asserult —
civili nempe sanguine, ac patiiae oppugnatione adoptatus, &c.
Plin. Hist. Nat. 7. 43.
II Qiii trium pestiterorum vitiorum luxurlse, avaritlse, crudcli-.
tatis magistcr fuit. De Fin. 3, 22, de Offic. 2. 8.
Sect. I. CICERO.
57
taken out of his grave, and thrown into the river Anio,
he was apprehensive of the same insult upon his own,
if left to the usual way of burial *. A little before his
death, he made his own epitaph, the sum of which was,
" that no man had ever gone beyond him, in doing
" good to his friends, or hurt to his enemies f .
As soon as Sylla was dead, the old dissensions, that
had been smothered a while by the terror of his pow-
er, burst out again into a flame between the two fac-
tions, supported severally by the two consuls, Q^ Ca-
tulus and M. Lepidus, who were wholly opposite to
each other in party and politics. Lepidus resolved at
all adventures to rescind the acts of Sylla, and recal
the exiled Marians ; and began openly to solicit the
people to support him in that resolution : but his at-
tempt, though plausible, was factious and unseasona-
ble, tending to overturn the present settlement of the
Republic, which after its late wounds and loss of civil
blood, wanted nothing so much as rest and quiet, to
recover a tolerable degree of strength. Catulus's fa-
ther, the ablest statesman of liis time, and the chief
assertor of the Aristocratical interest, had been con-
* Quod baud scio an tJmens suo corpori, primus e Patriciis Cor-
neliis igiie voluit cremari. De Leg. 2. 22. Val. Max. o. 2.
f Plutar in Sylla.
The following votive inscription was found in Italy, in the year
1723, near Cicero's Arpinum, between Atina and iiora, which
had been dedicated probably by Sylla, about the time of his as-
sumin;T the surname of Felix, soon after his first success, and de-
feat of the chiefs, who were in arms against him at home : —
lOVI
QUOD PERICVLVM
FELICITER EVASERIT
L. SVLLA.
V. S. LA.
5^ The LIFE of Sect. L
demned to die by Marius : the son, therefore, who in-
herited his virtues, as Well as his principles, and was
confirmed in them by a resentment of that injury, vi-
gorously opposed and effectually disappointed all the
designs of his colleague ; who, finding himself unable
to gain his end v/ithout recurring to arms, retired to
his government of Gaul, with intent to raise a force
sufBcient to subdue all opposition ; where the fame of
his levies and military preparations gave such umbrage
to the senate, that they soon abrogated his command.
Upon this he came forward into Italy at the head of a
great army, and having possessed himself of Etruria
without opposition, marched in an hostile manner to-
wards the city, to the demand of a second consulship.
He had with him several of the chief magistrates, and
the good wishes of all the tribunes, and hoped, by the
authority of the Marian cause, Vviiich was always fa-
voured by the populace, to advance himself into Syl-
la's place, and usurp the sovereign power of Rome.
Catulus, in the mean time, upon the expiration of his
office, was invested with proconsular authority, and
charged with the defence cf the government ; and
Pompey also, by a decree of the senate, was joined
with him in the same commission ; who having unit-
ed their forces before Lepidus could reach the city,
came to an engagement with him near the Milvian
bridge, within a mile or two from the walls, where
they totally routed and dispersed his whole army.
But the Cisalpine Gaul being still in the possession of
his Lieutenant, M. Brutus, the father of him who af-
terwards killed Caesar, Pompey marched forward to
reduce that province : where Brutus, after sustaining
Sect. I. CICERO,
S^
a siege in Modena, surrendered himself into his hands;
but being conducted, as he desired by a guard of horse
to a certain village upon the Po, he was there killed
by Pompey's orders. This act was censured as cruel
and unjust, and Pompey generally blamed for kilhng
a man of the first quality, who had surrendered him-
self voluntarily and on the condition of his hfe : but
he acted probably by the advice of Catulus, in laying
hold of the pretext of Brutus's treason, to destroy
a man, who, from his rank and authority, might have
been a dangerous head to the Marian party, and cap-
able of disturbing that aristocracy, which Sylla had
established, and which the senate and all the better
sort were very desirous to maintain. Lepidus escap-
ed into Sardinia, where he died soon aftef of grief, to
see his hopes and fortunes so miserably blasted : and
thus ended the civil war of Lepidus, as the Roman
writers call it, which, though but short lived, was
thought considerable enough by Sallust to be made
the subject of a distinct history, of which several frag-
ments are still remaining ^.
As Cicero was returning from his travels towards
Rome, full of hopes, and aspiring thoughts, his ambi-
tion was checked, as Plutarch tells us, by the Delphic
oracle : for, upon consulting Apollo, by what means
he might arrive at the height of glory, he was answer-
* M. Lepido, Q^ Catulo Coss. civile bellum paene cltius op-
pressum est, quam inciperet — fax illius motus ab ipso Syllce rogo
exarsit. Cupidus namque rerum novarum per insolentiain Lepi-
dus, acta tanti viri rescindere parabat nee immerito, fi tamen pos-
set sine magna clade Reipub. &c. Flor. 3. 27. Vid. Plutar. in
Pomp, Appian. 1. i, 416. Sallust. Fragment. Hist. 1. J. Val.
Max. 6. 2. Pigb. Annal. A. U. 676.
6o The LIFE of Sect. L
ed, " by making his own genius and not the opinion
" of the people, the guide of his hfe ;" upon which he
carried himself after his return with great caution,
and was very shy of pretending to pubhc honours.
But though the rule be very good, yet Cicero was
certainly too wise, and had spent too much of his
time with philosophers, to fetch it from an oracle,
which, according to his own account, had been in the
utmost contempt for many ages, and was considered
by all men of sense as a mere imposture *. But if
he really went to Delphi, of which we have not the
least hint in any of his writings, we must impaite it
to the same motive, that draws so many travellers at
this day to the holy house of Loretto ; the curiosity
of seeing a place so celebrated through the world for
ks sanctity and riches. After his return however, he
was so far from observing that caution which Plutarch
speaks of, that he freely and forwardly resumed his
former employment of pleading ; and after one year
more spent at the bar, obtained in the next, the digni-
ty of ^Ksstor,
Among the causes which he pleaded before his quaes-
torship was that of the famous comedian Roscius,
whom a singular merit in his art had recommended to
the famiUarity and friendship of the greatest men in
Rome f . The cause was this : — One Fannius had
* PynVsi temporlbus jam Apollo versus facere desierat^ — eur
isto njodo jam oracula non eduntur, non modo nostra tetate, sed
jam diu, ut modo nihil possit esse contemptius P Quomodo au-
tem ista vis evanuit ? an postquam homines minus creduU esse
cceperunt ? De Div. 2. 56, 57.
f Nee vulgi tantum favorem, verum etiara principum familia-
rilates amplexus est. Val. Max. 8. 7.
SEct. t CiCERO. Cj
made over to Roscius a young slave, to be formed by
him to the stage, on condition of a partnership in the
profits which the slave should acquire by acting : the
slave was afterwards killed, and Roscius prosecuted the
murderer for damages, and obtained, by a composition,
a little farm, worth about eight hundred pounds, for
his particular share : Fannius also sued separately, and
w^s suj^posed to have gained as much ; but pretending
to have recovered nothing, sued Roscius for the moie-
ty of what he had received. One cannot but observe,
from Cicero's pleading, the wonderful esteem and re-
putation in which Roscius then flourished, of whom he
draws a very amiable picture. — ** Has Roscius then,"
says he, '* defrauded his partner ? Can such a stain
" stick upon such a man ? who, I speak it with confi-
*' dence, has more integrity than skill, more veracity
" than experience : whom the people of Rome know
" to be a better man than he is an actor ; and while he
" makes the first figure on the stage for his art, is wor-
" thy of the senate for his virtue f ." In another place
he says of him, " that he was such an artist, as to seem
" the only one fit to come upon the stage ; yet such a
" man, as to seem the only one tmfit to come upon it at
" all J :" " and that his action was so perfect and ad-
** mirable, that when a man excelled in any other pro-
" fession, it was grown into a proverb to call him a
" Roscius *." His daily pay for acting is said to have
f Quem pop. Rom. mellorem virum, quam histrionem esse ar-
bitratur j qui ita dignissimus est Scena, propter artificium, ut
tllg^nissimus sit cyria, propter abstinentiam. Pr. (T. Rose. 6.
t Pro Quinct. 25.
* Ut in quo quisque artlficio excellerct, is in suo genere Ros-
cius diceretur. De Orar. i. 28.
6^ The LIFE of Sect. I.
been about thirty pounds Sterling f . Pliny computes
his yearly profit at four thousand pounds J ; but Ci-
cero seems to rate it at five thousand pounds. He
was generous, benevolent, and a contemner of money ;
and after he had raised an ample fortune from the
stage, gave his pains to the public for many years
without any pay : whence Cicero urges it as incredi-
ble, that he who in ten years past might honestly have
gained fifty thousand poimds, which he refused, should
be tempted to commit a fraud, for the paltry sum of
four hundred *.
At the time of Cicero's return from Greece, there
reigned in the forum two orators of noble birth, and
great authority, Cotta and Hortensius, whose glory in-
flamed him with an emulation of their virtues. Cot^
ta's way of speaking v/as calm and easy, flowing with
great elegance and propriety of diction ; Hortensius's
sprightly, elevated, and warming, both by his words
and action, who being the nearer to him in age, about
eight years older, and excelling in his own taste and
manner, was considered by him more particularly as his
pattern, or competitor rather in glory f. The business
of pleading, though a profession of all others the most
laborious, yet was not mercenary, or undertaken for any
pay ; for it was illegal to take money, or to accept
f Ut mercedem diurnam de publico mlUe denarios solus acce-
perit. Macrob. Saturn. 2. lO.
X HS. quingenta annua meritasse prodatur. Plln. Hist. Nat,
7. 39.
* Decern his annis proximis HS. sexagies lionestlssime conse-
qui potuit 1 noluit. Pro Roscio, 8.
f Duo turn excellebant oratores, qui me imltandi cuplditate
Incitarent, Cotta et Hortensius, 5cc. iirut. 440.
Sect. L CICERO. 6^
even a present for it : but the richest, the greatest, and
the noblest of Rome, freely offered their talents to the
service of their citizens, as the common guardians and
protectors of the innocent and distressed f . This was
a constitution as old as Romulus, who assigned the pa-
tronage of the people to the Patricians or Senators,
without fee or reward : but in succeeding ages, when,
through the avarice of the nobles, it was become a cus-
tom for all clients, to make annual presents to their
patrons, by which the body of the citizens was made
tributary as it were to the senate, M. Cincius, a tri-
bune, pubHshed a law, prohibiting all senators to take
money or gifts on any account, and especially for
pleading causes. In the contest about this law, Ci-
cero mentions a smart reply made by the tribune to
C. Cento, one of the orators who opposed it ; for when
Cento asked him with some scorn, " What is it, my
*' little Cincius, that you are making all this stir a-
*' bout?" Cincius replied, " That you, Caius, may
*' pay for what you use *." We must not imagine,,
hov/ever, that t^iis generosity of the great Vv^as wholly
X Diserti igitur hominis, et facile laborantis, quodque in patriis
est moribus, multorum causas et non gravate et gratuito defenden-
tis, benefiela et patrocinia late patent. De Offic, 2. 19.
* Quid legem Cinciara de donis et muneribus, nisi quia vecti-
^alis jam et stipendiaria plebs esse senatui coeperat ? [Liv. 34. 4. J
Consurgunt Patres legemque Cinciara flagitant, qua cavetur anti.
quitus, ne quis ob causam orandam pecuniam donuinve accipiar.
[Tacit. Annal. 11. 5.] M. Cincius, quo die legem de donis et
muneribus tulit cum C. Cento prodisset, et satis cotumeliosc, quid
fers Cinciole !■ quaesisset j ut emas, inquit, Cai, si uti vehs. Cic.
de Orat. 2. 71.
This Cinian law was made In the year of RoTie 549, and re-
commended to the people, as Cicero tells us, by Q^ Fabius IMaxi-
mr.s, in the extremity of his age. De Senect. 4. Vid. Pigh.
Annal. torn. 2. p. 2i8f
64 The LIFE or Sect. I.
disinterested, or without any expectation of fruit ; for
it brought the noblest which a liberal mind could re-
ceive, the fruit of praise and honour from the public
voice of their country : it was the proper instrument of
their ambition, and the sure means of advancing them
to the first dignities of the state : they gave their la-
bours to the people, and the people repaid them with
the honours and preferments which they had the power
to bestow : this was a wise and happy constitution,
where, by a necessary connection betweeri virtue and
honour, they served mutually to produce and perpe-
tuate each other, where the rewards of honours excit-
ed merit, and merit never failed to procure honours,
the only policy which can make a nation great and
prosperous.
Thus the three orators just mentioned, according to
the custom and constitution of Rome, were all several-
ly employed this summer, in suing for the different of-
fices, to which their different age and rank gave them
a right to pretend ; Cotta for the consulship, Horten-
sius the aedileship, Cicero the quaestorship ; in which
they all succeeded : and Cicero, especially, had the ho-
nour to be chosen the first of all his competitors, by
the unanimous suffrage of the tribes ; and in the first
year in which he was capable of it by law, the thirty-
first of his age *.
The quaestors were the general receivers or trea-
surers of the republic, whose number had been gradu-
ally enlarged with the bounds and revenues of the
* Mc cum qusestorem in prlmls— cunctis sufFragris populus Ro'
manus faciebat. In Pis, i. Brut. 440.
Sect. I. CICERO. 65
empire, from two to twenty, as it now stood froyn the
last regulation of Sylla. They w^ere sent annually in-
to the several provinces, one with every proconsul or
governor, to whom they were the next in authority,
and had the proper eqli^page of magistrates, the hctors
carrying the fasces before them, which was not how-
ever allowed to them at Rome. Besides the care of
the revenues, it was their business also to provide corn,
and all sorts of grain, for the use of the armies abroad,
and the public consumption at home.
This was the first step in the legal ascent and gra^
dation of public honours, which gave an immediate
right to the senate, and, after the expiration of the of-
fice, an actual admission into it during life : and though,
srictly speaking, none were held to be complete sena-
tors, till they were inrolled at the next lustrum in the
list of the censors, yet that was only a matter of form,
and what could not be denied to them, unless for the
charge and notoriety of some crime, for which every
other senator was equally liable to be degraded.
These qu^stors, therefore, chosen annually by the
people, were the regular and ordinary supply of the
vacancies of the senate, which consisted at this time of
about five hundred : by which excellent institution the
way to the highest order of the state w^as laid open
to the virtue and industry of every private citizen,
and the dignity of this sovereign council maintained
by a succession of members, whose distinguished merit
had first recommended them to the notice and favour
of their country *.
* Qugestura, primus gradus honoris — [in Ver. Ace. I. 4. ] Po-
pulum Roraanum, cujus hoaoribus in amplissiiuo concilio, et in
Vol. I. E
66 The LIFE of Sect. L
The consuls of this year were Cn. Octavms, and
C. Scribonius Curio ; the first was Cicero's particular
friend, a person of singular humanity and benevolence,
but cruelly afflicted with the gout, whom Cicero
therefore urges as an example^ against the Epicureans,
to shew that a hfe supported by innocence could not
be made miserable by pain *. The second was a pro-
fessed orator, or pleader at the bar, where he sustain-
ed some credit, without any other accomplishment of
art or nature, than a certain purity or splendour of
language, derived from the institution of a father,
who was esteemed for his eloquence : his action was
vehement, wath so absurd a manner of waving his
body from one side to the other, as to give occasion
altissimo gradu dignitatis, atque in hac omnium terrarum arce col-
locati sumus. fPost red. ad Sen. i.] Ita magistratus annuos
creaverunt, ut concilium senatus reip. proponerent sempiternum j
deligerentur autem in id concilium ab universo populo, aditusque
in ilium summum ordinem omnium civium industriae ac virtuti pa-
teret. Pro Sext. 6^.
This account of the manner of filling up the senate, is confirm-
ed by many other passages of Cicero's works : for example, when
Cicero was elected sedile, the next superior magistrate to the
qusesor, and before his entrance into that office, he took a jour-
ney into Sicily, to collect evidence against Verre? j in the account
of Ivhich voyage he says, " That he went at his own charges,
*' though a senator, into that province, where he had before been
*' quajstor." [In Ver. 1. i. 6,] Again, when the government
of Cilicia was allotted to him, he begged of young Curio, as he
did of all his friends in the senate, not to suffer it to be prolong-
ed to him beyond the year. In his absence, Curio, who before
had been only quaestor, was called tribune j upon which Cicero,
in a congratulatory letter to him on that promotion, taking occa-
sion to renew his former request, says, *' That he asked it of him
*' before, as of a senator of the noblest birth, and a youth of the
** greatest interest, but now of a tribune of the people, who had
*' the power to grant him what he asked.'' Ep. fani, 2. 7,
* De Finib. 2. 28.
Sect. L CICERO. 67
to a jest upon him, that he had learnt to speak in a
boat. They were both of them, however, good ma-
gistrates, such as the present state of the republic re-
quired ; firm to the interests of the state, and the late
establishment made by Sylla, which the tribunes were
labouring by all their arts to overthrow. These con-
suls, therefore, were called before the people by Sici-
nius, a bold and factious tribune, to declare their opi-
nion about the revocation of Sylla's acts, and the re-
storation of the tribunician power, which w^as now the
only question that engaged the zeal and attention of
the city : Curio spoke much against it, with his usual
vehemence and agitation of body, while Octavius sat
by, crippled with the gout, and wrapped up in plas-
ters and ointments : when Curio had done, the tri-
bune, a man of humourous wit, told Octavius, that he
could never make amends to his colleague for the ser-
vice of that day ; for if he had not taken such pains
to beat away the flies, they w^ould certainly have de-
voured him *. But while Sicinius was pursuing his
seditious practices, and using all endeavours to excite
the people to some violence against the senate, he was
killed by the management of Curio, in a tumult of his
ov/n raising f .
* Curio copla nonnulla verborum, nullo alio bono, tenuit ora-
tornm locum. [Brut. 350 it. 323.] Motus erat is, quern C.Ju-
lius in perpetuum notavit, cum ex eo, in utramque partem toto
corpore vacillante, quaesivit, quis loquerttur e linire — Nunqnam,
inquit, Octavi, collegfe tuo frratiam referes : qui nisi se suo more
jactavisset, hodie te istic muscae commedissent. lb. 324.
f Vid, Sallust. Fragm. Hist. 1. 3. Orat. IVIacri. Pigh, Ann. 677-
Da
68 The LIFE of Sect. L
We have no account of the precise time of Cicero's
marriage, which was celebrated most probably in the
end of the preceding year, immediately after his re-
turn to Rome, when he was about thirty years old : it
cannot be placed later, because his daughter was mar-
ried the year before his consulship, at the age only of
thirteen; though we suppose her to be born this-year,
on the 5th of August, which is mentioned to be her
birtli«-day *. Nor is there any thing certain dehvered
of the family and condition of his wife Terentia ; yet
from her name, her great fortune, and her sister Fa-
bia's being one of the vestal virgms f , we may con-
clude, that she was nobly descended. This year,
therefore, was particularly fortunate to him, as it
brought an increase, not only of issue, but of dignity
into his family, by raising it from the equestrian to the
senatorian rank ; and, by this early taste of popular fa-
vour, gave him a sure presage of his future advance-
ment to the superior honours of the republic.
* Nonis Sextil. add Att. 4. i. f Ascon. Orat. in Togcand.
Sect.il CICERO. '69
SECTION 11.
JL HE provinces of the quaestors being distributed to
them always by lot, the island of Sicily happened to
fall to Cicero^s share ^. This was the first country
which, after the reduction of Italy, became a prey to
the power of Rome f , and was then thought consider-
able enough to be divided into two provinces, of Lily-
beum and Syracuse ; the former of which was allotted
to Cicero : for though they were both united at this
time under one praetor, or supreme governor, S. Pe-
duc^us, yet they continued still to have each of them
a distinct quaestor J. He received this office, not as
a gift, but a trust ; " and considered it," he says, " as a
"" public theatre, in which the eyes of the world were
*' turned upon him ;" and, that he might act his part
\vith the greater credit, resolved to devote his whole
attention' to it, and to deny himself every pleasure,
every gratification of his appetites, even the most in-
nocent and natural, which could obstruct the laud-
able discharge of it §.
E 3
* Me qusestorem Siciliensis excepit annus. Brut. 440.
f Prima oranium, id quod ornamentum imperii est, provincia
est appellata. In Verr. 1. 3. i. '
X Qasestores utriusque •provincial, qui isto prrctore fuerunt.
ib. 4.
* Ita quaestor sum factus, ut milil lionorem iilum non solum
datum, sed etiam creditum, ut me qnaiSturamque meam quasi in
aliguo terrarum orbis tbeatro versari existimdrem > ut omnia sem-
}■: ; per,
JO The life of Sect. II.
Sicily was usually called the granary of the re--
public f ; and the quaestor's chief employment in it
was to supply corn and provisions for the use of the
city : but there happening to be a peculiar scarcity
this year at Rome, it made the people very clamour-
ous, and gave the tribunes an opportunity of inflam-
ing them the more easily, by charging it to the loss
of the tribunician power, and their being left a prey
by that means to the oppressions of the great %, It
was necessary, therefore, to the public quiet, to send
out large and speedy supplies from Sicily, by wjiich
the island was Hke to be drained ; so that Cicero had
a difficult task to furnish what was sufficient for the
demands of the city, without being grievous at the
same time to the poor natives ; yet he managed the
matter with so much prudence and address, that he
made very great exportations, without any burden up-
on the province ; shewing great courtesy all the while
to the dealers, justice to the merchants, generosity to
the inhabitants, humanity to the allies, and, in short,
doing all manner of good offices to every body, by
which he gained the love and admiration of all the
Sicilians, who decreed greater honours to him at his
departure, than they had ever decreed before to any
of their chief governors *. During his residence in
per, qua; jucunda videntur esse, non modo his extraordinariis.cU-
piditatibus, sed etiam ipsi naturx ac necessitati denegarem. In
Verr. 1. 5. 14.
f llle M. Cato sapiens, cellam penariam republicae, nutricem
plebis Romance S'ciliam nomlnavit. In Verr. 1. 2. 2.
X Vid. Orat. Cottae in fragment. Sallust.
* Fiumenti in summa caritate maximum nuraerum miseram :
y:ffgoci4toribus comis, mercatoribus Justus, municipibus libcralis,
soeiit
Sect. IL CidERO.
7J
the country, several young Romans of quality, who
served in the army, having committed some great dis~
order and offence against martial discipline, ran away
to Rome for fear of punishment, where being seized by
the magistrates, they were sent back to be tried be-
fore the praetor in Sicily : but Cicero undertook their
defence, and pleaded for them so well, that he got
them all acquitted f , and by that means obliged many
considerable families of the city.
In the hours of leisure from his provincial affairs,
he employed himself very diligently, as he used to do
at Rome, in his rhetorical studies, agreeably to the
rule which he constantly inculcates, never to let one
day pass without some exercise of that kind ; so that,
0n his return from Sicily, his oratorical talents were,
according to his ow^n judgment, in their full perfec-
tion and maturity f . The country itself, famous of
old for its school of eloquence, might afford a particu-
lar invitation to the revival of those studies : for the
Sicihans, as he tells us, being a sharp and litigious
people, and, after the expulsion of their tyrants, hav-
ing many controversies among themselves about pro-
perty, which required much pleading, were the first
who invented rules, and taught an art of speaking, of
which Corax and Tysias were the first professors;
4
sociis abstinens, omnibus eram visus in omni ofHcio diligcntissi-
mus : excogitati quidam erant a Siculis honoies in me inauditi.
Pr. Plane. 26.
f Plutarch's life of Cicero.
X Jam videbatur illud in me, quicquid esset, esse perfectum, ft
habere maturitatem qi;andam suam. Brut. 440,
^1 The life of Sect. IL
an art which, above all others, owes its birth to hber--
ty, and can never flourish but in a free air *.
Before he left Sicily, he made the tour of the island,
to see every thing in it that was curious, and especial-
ly the city of Syracuse, which had alw^ays made the
principal figure in its history. Here his first request
to the magistrates, who were shewing him the curio-
sities of the place, was to let him see the tomh of Ar-
chimedes, whose name had done so much honour to
it ; but, to his surprise, he perceived that they knew
nothing at all of the matter, and even denied that
there was any such tomb remaining : yet as he was
assured of it beyond all doubt, by the concurrent
testimony of writers, and remembered the verses in-
scribed, and that there was a sphere with a cylinder,
engraved on some part of it, he would not be dissuad-
ed from the pains of searching it out. When they
had carried him therefore to the gate where the great-
est number of their old sepulchres stood, he observed,
in a spot overgrown with shrubs and briars, a small
column, whose head had just appeared above the
bushes, " with the figure of a sphere and cylinder up-
^* on it ; this, he presently told the company, was the
" tiling that they were looking for ; and sending in
" some men to clear the ground of the brambles and
"' rubbish, he found the inscription also which he ex-
" pected, though the latter part of all the verses was
* Cum subhtis in SIcilia tyrannis res prtvatye lons^o intervallo
judlcils icpeterentur, turn primum, quod esset acuta ilia ^ens et
controveisa natura, artem et prtecepta Siculos Corac-rm et Tysiam
conscripsisse. Brut. 75. Kltbc una res in omni libero ponulo,
maximeque in pacatis, tranqullllsque civitatibus semper fioruit,
sempeique djininata Ci>t. De Ora:. i, 8,
Sect.il .CICERO. 73
" effaced. Thus/' says he, " one of the noblest citiei?
" of Greece, and once likewise the most learned, had
" known nothing of the monument of its most deserv-*
*' ing and ingenious citizen, if it had not been disco-
" vered to them by a native of Arpinum *." At the
expiration of his year, he took leave of the Sicilians,
by a kind and affectionate speech, assuring them of
his protection in all their affairs at Rome, in which he
was as good as his word, and continued ever after their
constant patron, to the great benefit and advantage of
the provinces.
He came away extremely pleased with the success
of his administration ; and flattering himself, that all
Rome was celebrating his praises, and that the people
would readily grant him every thing that he desired ;
in which imagination he landed at Puteoli, a consi-
derable port adjoining to Baiae, the chief seat of plea-
sure in Italy, where there was a perpetual resort of all
the rich and the great, as v/eil for the delights of its
situation as the use of its baths and hot waters. But
here, as he himself pleasantly tells the story, he was
not a little mortified by the first friend whom he met ;
who asked him, " How long he had left Rome, and
" what news there ?" when he answered, " That he
" came from the provinces :" — " From Afric, I sup-
*' pose," says another : and upon his replying, with
some indignation, " No ; I come from Sicily :" a third,
who stood by, and had a mind to be thought wiser,
said presently, " How I did you not know that Cicero
was qusestor of Syracuse ?' — Upon which, perceiving it
* Tusc. Quest. 5. 3.
74 The LIFE of Sect. IL
in vain to be angry, he fell into the humour of the
place, and made himself one of the company who came
to the waters. This mortification gave some little
check to his ambition, or taught him rather how to
apply it more successfully ; " and did him more
" good," he says, " than if he had received all the
" comphments that he expected ; for it made him re-
" fleet, that the people of Rome had dull ears, but
" quick eyes ; and that it was his business to keep
" himself always in their sight ; nor to be so solicitous
*' how to make them hear of him, as to make them
" see him : so that, from this moment, he resolved to
" stick close to the forum, and to live perpetually
" in the view of the city ; nor to suffer either his
" porter or his sleep to hinder any man's access to
" him *."
At his return to Rome he found the consul, L. Lu-
cullus, employing all his power to repel the attempts
of a turbulent tribune, L. Quinctius, who had a man-
ner of speaking peculiarly adapted to inflame the mul-
titude, and was perpetually exerting it, to persuade
them to reverse Sylla's acts f . These acts were o-
dious to all who affected popularity, especially to the
tribunes, who could not brook with any patience the di-
minution of their ancient power ; yet all prudent men
were desirous to support them, as the best foundation
of a lasting peace and firm settlement of the republic.
The tribune Sicinius made the first attack upon them,
* Pro Plancio, 26,
f Homo cum summa potestate prjeditus, turn ad intlammandos
animns multhudinis accommodatus. Pro Cluent. 29. Plutar. ia
tucull.
Sect. IL CICERO. 75
soon after Sylla's death, but lost his life in the quar-
rel ; which, instead of quenching, added fuel to the
llame ; so that C. Cotta, one of the next consuls, a
man of moderate principles, and obnoxious to neither
party, made it his business to mitigate these heats, by-
mediating between the senate and the tribunes, and
remitting a part of the restraint that Sylla had laid
upon them, so far as to restore them to a capacity of
holding the superior magistracies. But a partial res-
titution could not satisfy them ; they were as clamo-
rous still as ever, and thought it a treachery to be
quiet, till they had recovered their whole rights : for
which purpose Quinctius was now imitating his pre-
decessor Sicinius, and exciting the populace to do
themselves justice against their oppressors, nor suffer
their power and liberties to be extorted from them by
the nobles. But the vigour of Lucullus prevented
him from gaining any farther advantage, or making
any impression this year to the disturbance of the pu-
bic peace *.
C. Verres, of whom we shall have occasion to say
more hereafter, was now also praetor of the city, or the
supreme administrator of justice ; whose decrees were
not restrained to the strict letter of the law, but form-
ed usually upon the principles of common equity ;
which, while it gives a greater liberty of doing what
is right, gives a greater latitude withal of doing wrong ;
* Nisi forte C. Cotta ex factione media consul, aliter qnam me^
ta juia quaedam tribunis pleh. restituit -, et quanqaam L. Sicinius
primus de potestate tribunicia loqui ausiis, mussitaiitibus vobis cir-
cumventus erat. — Lucullus superiore anno quantis animis ierlt in
L. Quinctium, vidistis, — Vid, Sallust. Hist. Fragment. 1- 3. Orar.
Macri Llcinii. Plut. in Lucull.
y6 The LIFE of Sect. II.
and the power was never in worse hands, or more cor-
ruptly administered than by Verres : " for there was
*• not a man in Italy," says Cicero, " who had a law-
*' suit at Rome, but knew, that the rights and proper-
*' ties of the Roman people were determined by the
" will and pleasure of his whore ■*.
There was a very extraordinary commission grant-
ed this year to M. Antonius, the father of the trium-
vir,— the inspection and command of all the coasts of
the Mediterranean : " a boundless power," as Cicero
calls it f , which gave him an opportunity of plunder-
ing the provinces, and committing all kinds of outrage
on the allies. He invaded Crete vvithout any decla-
ration of w^ar, on purpose to enslave it, and with such
an assurance of victory, that he carried more fetters
with him than arms f . But he met with the fate that
he deserved : for the Cretans totally routed him in a
naval engagement, and returned triumphant into their
ports, with the bodies of tlieir enemies hanging on their
masts. Antonius died soon after this disgrace, infa-
mous in his character, " nor in any respect a better
*' man," says Asconius, " than his son ||." But Me-
tellas made the Cretans pay dear for their triumph,
by the entire conquest of their country : " in which
* Ut nemo tam rusticanus homo, Romam ex uUo munlcipio va-
dimonii causa venerit, qu'in sciret jura omnia prtEtoris urban! nutu
atque arbltrio Chelidonis mcretrlcul.e crubernari. In Verr. 5. 13.
j' M. Antonii infinitum illud imperium. lb. 2. 3.
X Primus invasit insulam M. Antonius, cum ingenti quidem
victorise spe stque fiducia, adeo ut plures catenas in navibus quam
arma portaret. Flor. 3. 7.
II Antoniurn, cum multa contra sociorum saUitem, multi con-
tra utilitatem provinciarum ct faceret et coj^jitaret, in mediis ej'js
injurlis ct cupiditatibus mors oppressit. In Verr. 3« 91.
Sect. II. CICERO.
77
*' war," as Floms says, " if the truth must he told, the
*' Romans were the aggressors ; and though they charg-
" ed the Cretans with favouring Mithridates, yet their
" real motive was, the desire of conquering so noble
" an island f ."
Mithridates also had now renewed the war against
Rome ; encouraged to it by the diversion which Ser^
torius was giving at the same time in Spain, to their
best troops and ablest generals, Metellus and Pom-
pey : so that Lucullus, who, on the expiration of his
consulship, had the province of Asia allotted to him,
obtained with it of course the command of this war.
But while their arms were thus employed in the dif-
ferent extremities of the empire, an ugly disturbance
broke out at home, which, though contemptible enough
in its origin, began in a short time to spread terror and
and consternation through all Italy. It took its rise
from a few gladiators, scarce above thirty at first, who
broke out of their school at Capua, and, having seized
a quantity of arms, and drawn a number of slaves af-
ter them, posted tliemseh es on Mount Vesuvius : here
they were presently surrounded by the pnetor Cio-
dius Glaber, with a good body of regular troops ; but,
forcing their way through them-, with sword in hand,
they assaulted and took his camp, .and made them-
^elves masters of all Campania. From this success
their numbers presently increased to the size of an
army of forty thous;:fnd fighting men : \vith which
they made head against the Roman legions, and sus-
tained a vigorous war for three years in the very bow->
f Creucum belluni, si vera volumus noscere, ncs fccimus sola
vincendi nobilcm inful:im cr»pidit;Uc. Flor, lb.
78 The LIFE of Sixt, IL
els of Italy ; where they defeated several commanders
of consular and pnetorian rank ; and, pufted up with
their victories, began to talk of attacking Rome. But
M. Crassus the praetor, to whom the war was commit-
ted, having gathered about him all the forces which
were near home, chastised their insolence, and drove
them before him to the extremity of Rhegium ; where,
for want of vessels to make their escape, the greatest
part was destroyed, and among them their general
Spartacus, fighting bravely to the last at the head of
his desperate troops *. This was called the Servile
War, for which Crassus had the honour of an ovation,
it being thought beneath the dignity of the republic
to grant a full triumph for the conquest of slaves : but,
to bring it as near as possible to a triumph, Crassus
procured a special decree of the senate to authorize
him to wear the laurel crown, which was the proper
ornament of the triumph, as myrtle w^as of the ova-
tion f .
The Sertorian war happened to be finished also for-
tunately near the same time. The author of it, Ser-
torius, was bred under C. Marius, with whom he had
served in all his wars, with a singular reputation, not
only of martial virtue, but of justice and clemency ;
for, though he was firm to the Marian party, he al-
ways disliked and opposed their cruelty, and advised
a more temperate use of their power. After the death
of Cinna, he fell into Sylla's hands, along with the
* Vid. Flor. 3. 20.
•f- Plut. in Crass. — Crasse, quid est, quod confecto formidolo-
sissimo bcUo, coronam iilam lauream tibi tantopere decerni va-
lueris I In Pison, 24.
SEcr. IL ClCERO.
79
consul Scipio, when the army abandoned them : Sylla
dismissed him with Hfe, on the account perhaps of his
known moderation : yet, taking him to be an utter
enemy to his cause, he soon after proscribed and drove
him to the necessity of seeking his safety in foreign
countries. After several attempts on Afric and the
coasts of the Mediterranean, he found a settlement in
Spain, whither all who fled from Sylla's cruelty resort-
ed to him, of whom he formed a senate, which gave
laws to the whole province. Here, by his great cre-
dit and address, he raised a force sufficient to sustain
a war of eight years against the whole power of the
republic ; and to make it a question, whether Rome
or Spain should possess the empire of the world. Q^
Metellus, an old experienced commander, was sent a-
gainst him singly at first ; but was so often baffled
and circumvented, by his superior vigour and dexte-
rity, that the people of Rome were forced to send their
favourite Pompey to his assistance, with the best troops
of the empire. Sertorius maintained his ground against
them both ; and, after many engagements, in which
he generally came off equal, often superior, was base-
ly murdered at a private feast by the treacliery of
Perperna ; who being the next to him in command,
was envious of his glory, and wanted to usurp his pow-
er. Perperna was of noble birth, and had been prae-
tor of Rome, where he took up"* his arms withtlie con-
sul Lepidus to reverse the acts of Sylla, and recal the
proscribed Marians, and after their defeat carried off
the best part of their troops to the support of Sertori-
us * ; but, instead of gaining what he expected from
* Sylla &. Consulem, ut pr^ediximus, exarmatumqae Sertori-
ujn,
8o The LIFE of Sect. IL
Sertorius's death, he ruined the cause, of which he had
made himself the chief, and put an end to a war that
was wholly supported by the reputation of the gene-
ral : for the revolted provinces presently submitted ;
and the army having no confidence in their new lead-
er, w^as easily broken and dispersed, and Perperna him-
self taken prisoner.
Pompey is celebrated on this occasion for an act of
great prudence and generosity : for when Perperna,
in hopes of saving his hfe, offered to make some im-
portant discoveries, and to put into his hands all Ser-
torius's papers, in which were several letters from the
principal senators of Rome, pressing him to bring his
army into Italy for the sake of overturning the present
government, he ordered the papers to be burnt with-
out reading them, and Perperna to be killed without
seeing him *. He knew, that the best way of heal-
ing the disconteilts of the city, where faction was per-
petually at work to disturb the public quiet, v/as, to
um, proh quanti mox belli facein I 8i multos alios dimisit inco-
lumes. Veil. Pat. 2. 25. 29.
Jam AfrJcfE, jam Baleanbus Insulis fortunam expertus, miss-
usque in oceanum — tandem Hispaniam armavit — Satis tantobos-
ti lino Imperatore resistere res Romana non potuit : additus Me-
tello Cn. Porapeius. Hi coplas viri diii, & ancipiti semper acie
attrivere : nee tamen prius belle, quam suorum scelere, & insidiis,
cxtinctus est. Flor. 3. 22.
lUud in tantum Sertoriunu armis extulit, ut per quinquennium
dijudicarl non potuerit, Hispanis, Romanisve in armis plus esset
roboris, & uter populus alteri pariturus foret. Veil. Pat 2. 90.
A M. Perperna & aliis conjuratis convivio interfectus est, oc-
tavo ducatus sui anno j mag^nus dux, &. adversos duos Impera-
tores, Pompelum et Metellum, saepe par, frcquentius victor. Epit.
Liv. 96. Vid. etiam Plutarch, in Sertorio et Pomp. Appian.
p. 418.
* Plutarch, in Pomp. Appian. 423.
Sect. IL CICERO. 8x
ease people of those fears which a consciousness of
guilt would suggest, rather than push them to the ne-
cessity of seeking their security from a change of af-
fairs, and the overthrow of the state *. As he return-
ed into Italy at the head of his victorious army, he
happened to f.dl in luckily with the remains of those
fugitives, who, after the destruction of Spartacus, had
escaped from Crassus, and were making their way in
a body towards the Alps, whom he intercepted and
entirely cut off to the number of five thousand ; and,
in a letter upon it to the senate, said that Crassus in-
deed had defeated the Gladiators, but that he had
plucked up the war by the roots f . Cicero, likewise^
from a particular dislike to Crassus, affected in his pub-
lic speeches to give Pompey the honour of finishing
this war, declaring, that the very fame of his coming
had broken the force of it, and his presence extinguish-
ed it X,
For this victory in Spain Pompey obtained a se-
cond triumph, while he was still only a private citi-
zen, and of the Equestrian rank : but the next day he
took possession of the consulship, to which he had been
elected in his absence ; and, as if he had been born to
command, made his first entry into the senate in the
proper post to preside in it. He was not yet full thir-
ty six years old, but the senate, by a decree, dispen-
* In tanto civilim nufnero, magna multitudo est eorum,' qui
propter metiim pocnce, peccatorum suorum conscii, novos motus
conversionesque Rep. quaerunt. Fro Sext. 46.
f Plut. Ibid.
% Quod bellum expectatione Pompeii attenuatum atque immf-
tiUtum est J adventu sublatum et sepultum. Pro leg. Maiiil. xi.
it. — Qui etiam seivitia virtute victoriaque dorauisset. Pro Sect. 3 i«
Vol. I. F
S2 The life of Sect. H.
sed with the incapacity of his age and absence ; and
quahfied him to hold the highest magistracy, before
he was capable by law of pretending even to the
lowest : and by his authority M. Crassus was elected
also for his colleague *.
Crassus's father and elder brother Ipst their lives in
the massacres of Marius and Cinna ; but he himself
escaped into Spain, and lay there concealed till Sylla's
return to Italy, whither he presently resorted to him,
in hopes to revenge the ruin of his fortunes and fami-
ly on the opposite faction. As he was attached to
Sylla's cause both by interest and inclination, so he
was much considered in it ; and, being extremely
greedy and rapacious, made use of all his credit to
enrich himself by the plunder of the enemy, and the
purchase of confiscated esates, which Cicero calls his
harvest f. By these methods he raised an immense
wealth, computed at many millions, gathered from
the spoils and calamities of his country. He used to
say, " that no man could be reckoned rich, who was
" not able to maintain an army out of his own rents J :"
and if the accounts of antiquity be true, the number
of his slaves was scarce inferior to that of a full army ;
which, instead of being a burthen, made one part of
* Pompeius hoc quoque triumpho, adhuc Eques Romanus, an-
te diem quam Consulatum iniret, curru urbeni invectus est. VelL
Pat. 2. 30.
Quid tarn singulare, qu-.im ut ex S. C. leglbus solutus consul
ante fieret, quam ullum alium magistratum per leges capere licu-
isset ? On'id tarn incredibile, quam ut iterum Eques Romanus S.
C. triumpharet > Pio leg. Man. 21. Vid Plutarch, in Pomp,
f lUam Syllani temporis messem — Parad. 6. 2.
X Multi exte audierunt,cum dicere. neminem esscdivitem, nisi;
qui exerciton; ajere posset suis fructibus. lb. i.
Sect. L CICERO, 83
his revenue ; being all trained to some useful art or
profession, which enabled them not only to support
themselves, but to bring a share of profit to their mas-
ter. Among the other trades in his family, he is said
to have had above five hundred masons and architects
constantly employed in building or repairing the houses
of the city J. He had contracted an early envy to
Pompey, for his superior credit both with Sylla and
the people ; which was still aggravated by Pompey's
late attempt to rob him of the honour of ending the
Servile war ; but, finding himself wholly unequal to
his rival in military fame, he apphed himself to the
arts of peace and eloquence ; in which he obtained
the character of a good speaker, and, by his easy and
familiar address, and a readiness to assist all, who want-
ed either his protection or his money, acquired a great
authority in all the public affairs ; so that Pompey was
glad to embrace and oblige him, by taking him for his
partner in the consulship.
Five years were now almost elapsed, since Cicero's
election to the Questorship : which was the proper
interval prescribed by law, before he could hold the
next office of Tribune or JKdxlQ ; and it was necessa-
ry to pass through one of these in his way to the su-
perior dignities : he chose therefore to drop the Tri-
bunate, as being stript of its ancient power by the late
ordinance of Sylla, and began to make interest for the
iEdileship, while Hortensius, at the same time, was
suing for the Consulship. He had employed all this
interval in a close attendance on the forum, and a per-
I Plutarch, in Crass.
84 The LIFE OF Sect. IL
petual course of pleading *, which greatly advanced
his interest in the city ; especially when it was observ-
ed that he strictly complied with the law, by refusing
not only to take fees, but to accept even any presents,
in which the generahty of patrons were less scrupu-
lous f . Yet all his orations within this period are lost ;
of which number were those for M. Tullius and L.
Varenus, mentioned by Quintihan and Priscian, as
extant in their time.
Some writers tell us, that he improved and perfect-
ed his action by the instructions of Roscius and ^so-
pus ; the two most accomplished actors in that, or per-
haps in any other age, the one in comedy, the other
in tragedy J. He had a great esteem indeed for them
both, and admired the uncommon perfection of their
art : but, though he condescended to treat them as
friends, he would have disdained to use them as mas-
ters. He had formed himself upon a nobler plan,
drawn his rules of action from nature and philosophy,
and his practice from the most perfect speakers then
living in the world ; and declares the theatre to be an
improper school for the institution of an orator, as
teaching gestures too minute and unmanly, and la-
bouring more about the expression of words than of
things § : nay, he laughs sometimes at Hortensius for
* Cum igitur essem In plurimis causis, et In principlbus patro-
nls quinquennium fere versatus. Brut. p. 440.
f Plutarch. Cicer. :|: Ibid.
§ Quis neget opj? esse cratorl in lioc oratorio motu, statuque
Roscii gestuni r — tamen nemo suaserit studiosis dicendi adole-
scentibus in gestu discendo histrionum more elaborate. De Orat,
1..59. Vid. '^I'usc. Disp. 4. 25.
Omnes autem bos motu$ subsequi debet gestus 3 non hie, verba
exprimens.
Sect. II. CICERO. 85
an action too foppish and theatrical *, who used to be
be rallied, on th;it very account, by the other pleaders,
with the title of the Player; so that, in the cau^e of
P. Sylla, Torquatus, a free speaker on the other side,
called him, by way of ridicule, Dionysia, an actress of
those times, in great request for her dancing f . Yet
Hortensius himself was so far from borrowing his man-
ner from the stage, that the stage borrowed from him ;
and the two celebrated actors just mentioned, Roscius
and iEsopus, are said to have attended all the trials
in which he pleaded, in order to perfect the action of
the theatre by that of the forum : which seems indeed
to be the more natural method of the two, that they
who act in feigned life should take their pattern from
the true ; not those, who represent the true, copy from
that which is feigned %. We are told however by o-
thers, what doth not seem wholly improbable, that Ci-
cero used to divert himself sometimes with Roscius,
and make it an exercise, or trial of skill between them,
" "which could express the same passion the most va-
*' riously, the one by w^ords, the other by gestures ||."
exprimens, scenicus, sed universam rem et sententiam : non de-
monstratione, sed si^nificatione declarans, laterum Intiectione hac
forti ac virili, non ab scena et histrionibus. lb. 3. 59.
* Putamus — Patronum tuum cervlculam jactalurum. In Verr
1. 3. 19.
f L. Torquatus, subagresti homo ingenio etinfestivo — nonj^i
histrlonem iilum diceret, sed gesticularlam, ijionysiamque ^^
notissimfe sallatriculte nomine appellaret. Aul. Gel]» i. c.
:|: Genus hoc totum oratores, qui sunt veritatis ipsius afor^^i
reliquerunt j imitatores autem ventatis, histriones occup?«'cr^nJ-
— At sine dubio in omnI re vincit imltationem Veritas. ^'^ ^-
rat. 3. ^d. _
II batis constat, contendere eum cum ipso lii?trianc'«i'ti-.m, u-
^ Y ■. truiH
86 The LIFE of Sect. H.
As he had now devoted himself to a life of business
and ambition, so he omitted none of the usual arts of
recommending himself to popular favour, and facihtat-
ing his advancement to the superior honours. He
thought it absurd, " that when every httle artificer
" knew the name and use of all his tools, a statesman
" should neglect the knowledge of men, who were
" the proper instruments with which he was to work :
" he made it his business therefore to learn the name,
" the place, and the condition of every eminent citi-
" zen ; what estate, what friends, what neighbours he
" had ; and could readily point out their several houses,
" as he travelled through Italy *.'* This knowledge,
which is useful in all popular governments, was pecu-
liarly necessary at Rome ; where the people, having
much to give, expected to be much courted ; and
where their high spirits and privileges placed them as
much above the rank of all other citizens, as the gran-
deur of the republic exceeded that of all other states ;
so that every man, who aspired to any public dignity,
kept a slave or two in his family, whose sole business
it v/as to learn the names and know the persons of e-
very citizen at sight, so as to be able to whisper them
to his master, as he passed through the streets, that he
might be ready to salute them all familiarly, and shake
lands with them, as his particular acquaintance f .
trutTiJlle ssepius eandem sententiam variis gestibus efficeret, an
ipse ier eloquentlcc copiam sermone diverio pronunciaret. Ma*
crob. ^qturn. 2. x.
* P\^ar. in Cic.
t Vid,<}e petitione Consulat. xi.
'%rcemur servum, qui dictet nomina, Jajvum
Qi? fodicet latus, et cogat trans pondera dextram
Porrhrere.
Sect. II. CICERO. 87
Plutarch says, " that the use of these nomenclators
" was contrary to the laws ; and that Cato, for that
*' reason, in suing for the pubhc offices, would not em-
*' ploy any of them, but took all that trouble upon
** himself*/' But that notion is fully confuted by
Cicero, who, in his oration for Murena, rallies the ab-
surd rigour of Cato's stoical principles, and their in-
consistency with common life, from the very circum-
stance of his having a nomenclator. — " What do you
" mean," says he, " by keeping a nomenclator ? —
" The thing itself is a mere cheat : for if it be your
" duty to call the citizens by their names, it is a shame
" for your slave to know them better than yourself. —
" Why do you not speak to them before he has v/his-
" pered you ? Or, after he has v/hispered, w-hy do
*"■ you salute them, as if you knew them yourself? Or,
" when you have gained your election, why do you
" grow careless about saluting them at all ? All this,
*' if examined by the rules of social life, is right ; but
" if by the precepts of your philosophy, very wick-
" ed f ." As for Cicero himself, whatever pains he is
said to have taken in this way, it appears from several
passages in his letters, that he constantly had a no-
inenclator at his elbow on all public occasions J.
He was now in his thirty-seventh year, the proper
age for holding the ^dileship, which was the first pu
bhc preferment that was properly called a Magistra-
Porrigere-. Hie raultum In Fabia valet, ille Velina :
Cuilibet hie fasces dabit, &c.
Hor. Epist. I. 6.
* Piutar. in Cato. f Pro Tvlurena, ^6.
X Ut nemo nuUius ordinis homo nomenclatori notus fuerit, o^m
ivAhi obviam noii venerit. Ad Att. 4. i.
88 Tht. life of Sect. IL
cy ; the Quaestorship being an office only or place of
trust, without any jurisdiction in the city, as the JE,-
diles had "*. These iEdiles, as well as all the inferior
officers, were chosen by the people voting in their
tribes ; a manner of electing of all the most free and
popular : in which Cicero was declared ^dile, as he
was before elected Quaestor, by the unanimous suffi'age
of all the tribes, and preferably to all his competitors f.
There were originally but two vEdiles chosen from
the body of the people, on pretence of easing the tri-
bunes of a share of their trouble : whose chief duty^
from which the name itself was derived, was to take
care of the Edifices of the city ; and to inspect the
markets, weights, and measures ; and regulate the
shews and games, which were publicly exhibited on
the festivals of their gods J. The senate afterwards,
taking an opportunity when the people were in good
humour, prevailed to have two more created from
their order and of superiqr rank, called Curule j^Ediles,
from the arm-chair of ivory in which they sat || : But
* Tbis will explain what Cicero sa)s above of Pompev's en-
tering upon the Consulship, at an age when fie was incapable e-
ven of the lowest Maaistracy. But, though strictly speaking,
the iEdileship was the first xvhich was called a Magistracy ; yet
Cicero himself, and all the old writers, give, the same title also to
the Tribunate and (pastorship.
•f Me cum Qusestorem in primi':, j^dilem priorem — cuncti^
suffragils populus Romanus faciebat. lii Pison. i.
X Dionys. Hal. I. 6. 411.
II — . — dabit, eripietque corule
Cui volet, importunus ebur
Hor. Ep. I. 6.
Signa quoque in sella nossem formata curuli,
Et totum Numidw5 sculptile dentis opus.
Ovid, de Pont 4. 9.
SixT, II. CICERO.- ^9
the Tribunes presently repented of their concession,
and forced the senate to consent, that these new JE.-
diles should be chosen indifferently from the Patrician
or Plebeian families *. But whatever difference there
might be at first between the Curule and Plebeian
./Ediles, their province and authority seem in later
times to be the same, without any distinction but what
was nominal ; and the two who were chosen the first,
were probably called the Curule JK(\i\ts, as we find
Cicero to be now stiled. This magistracy gave a pre-
cedence in the senate, or a priority of voting and
speaking, next after the Consuls ^nd Piasters ; and
was the first that qualified a man to have a picture or
statue of himself, and consequently ennobled his fa-
mily f : for it was from the number of these statues
of ancestors, v^ho had born Curule offices, that the fa-
milies of Rome were esteeined the more or less noble.
After Cicero's election to the ^dileship, but before
his entrance into the office, he undertook the famed
prosecution of C, Verres, the late Praetor of Sicily ;
charged with many flagrant acts of injustice, rapine,
and cruelty, during his triennial government of that
island. And, since this was one of the memorable
transactions of his hfe, and for which he is greatly ce-
lebrated by antiquity, it will be necessary to give a
distinct and particular relation of it.
The public administration was, at this time, in e-
very branch of it, most infamously corrupt : the great,
exhausted by their luxury and vices, made no other
* Liv. 1. 6. ad fin.
f Antiquiorem in senatu sententioe dlcendae locum — ^jus iraa-
ginis ad memoriam, posteritatemque prodsndara. In Verr. 5. 14.
9^ The LIFE of Sect. II.
\ise of llicir governments, than to enrich themselves
hy the spoils of the foreign provinces : their business
vras to extort money abroad, that they might purchase
offices at home, and to plunder the allies, in order to
corrupt the citizens. The oppressed, in the meafi
while, found it in vain to seek reHef at Rome, v/here
there was none who cared either to impeach or to con-
demn a noble criminal ; the decision of all trials being
in the hands of men of the same condition, who were
usually involved in the same crimes, and openly pros-
tituted their judgment, en these occasions, for favour
or a bribe. This had raised a general discontent thro'
the empire, with a particular disgust to that change
made by Sylla, of transferring the right of judicature
from the Equestrian to the Senatorian order, which
the people vv-ere now impatient to get reversed : the
prosecution therefore of Verres was both seasonable
and popular, as it was hkely to give some check to
the oppressions of the nobility, as well as comfort and
relief to the distressed subjects.
^ AU the cities of Sicily concurred m the impeach-
ment, excepting Syracuse and Messana ; for these two
being the most considerable of the provinces, Verres
had taken care to keep up a fair correspondence with
them. Syracuse was the place of his residence, and
Messana the repository of his plunder, whence he ex-
ported it all to Italy : and though he would treat even
these on certain occasions very arbitrarily, yet in some
flagrant instances of his rapine, that he might ease
himself of a part of the envy, he used to oblige them
v/ith a share of the spoil * : so that, partly by fear,
, * Ero-o, inquiet aliquis, dornvit popuia Syracusano Istam li^ir-
eltatem, Sec. In Ver. :. j.S.
Sict, 11. CICERO. §t
and partly by favour, he held them generally at his
devotion, and at the expiration of his government pro-
cured ample testimonials from them both, in praise of
his administration. All the other towns were zealous
and active in the prosecution, and, by a common pe-
tition to Cicero, implored him to undertake the ma-
nagem.ent of it ; to which he consented, out of regard to
the relation which he had borne to them as quasstor^
and his promise made at parting, of his protection in
all their affairs. Verres, on the other hand, was sup^
ported by the most powerful families of Rome, the
Scipios and the MeteUi, and defended by Hortensius,
who was the reigning orator at the bar, and usually
stiled the king of the forum f ; yet the difficulty of
the cause, instead of discouraging, did but animate Ci-
cero the more, by the greater glory of the victory.
He had no sooner agreed to undertake it, than an
unexpected rival started up, one Q^ C^cilius, a Sici-
lian by birth, who had been quaestor to Verres ; and,
by a pretence of personal injuries received from him,
and a particular knowledge of his crimes, claimed a
preference to Cicero, in the task of accusing him, or
at least to bear a joint share in it. But this pretend-
ed enemy was in reality a secret friend, employed by
Verres himself, to get the cause into his hands, in or-
der to betray it : his pretensions, however, vvere to be
previously decided by a kind of process called divina-
tion, on account of its being wholly conjectural ; in
Messana tuorum adjutrix sceleium, llbidinum testis, praidarum
ac furtorum receptrix, &c. In Verr. 5. 8. it. 11.
+ In foro ob eloquentlam Rege causarum. Ascon. Argum. in
Divlnat.
92 The LIFE of Sect. II.
which the judges, without the help of witnesses, were
to divine, as it were, what was fit to be done ; but, in
the first hearing, Cicero easily shook off this weak an-
tagonist, rallying his character and pretensions with a
great deal of wit and humour, and shewing, " that
" the proper patron of such a cause could not be one
" who offered himself forwardly, but who was drawn
" to it unwilhngly, from the mere sense of his duty ;
" one whom the prosecutors desired, and the criminal
" dreaded ; one qualified by his innocence, as well as
" experience, to sustain it with credit, and whom the
" custom of their ancestors pointed out, and preferred
" to it.' In this speech, after opening the reasons
why, contrary to his former practice, and the rule
which he had laid down to himself, of dedicating his,
labours to the defence of the distressed, he now ap-
peared as an accuser, he adds : " The provinces are
•' utterly undone ; the allies and tributaries so miser-
** ably oppressed, that they have lost even the hopes
" of redress, and see only some comfort in their ruin :
*^ those, who would have the trials remain in the hands
** of the senate, complain, that there are no men of re-
" putation to undertake impeachments, no severity in
" the judges : the people of Rome, in the mean while,
" though labouring under many other grievances, yet
" desire nothing so ardently as the ancient disciphne
*' and gravity of trials. For the want of trials, the tri-
** bunician power is called for again ; for the abuse of
" trials, a new order of judges is demanded ; for the
" scandalous behaviour of judges, the authority of the
** censors, hated before as too rigid, is now desired,
" and grown popular. In this licence of profligate
Sect.il CICERO.
93
" criminals, in the daily complaints of the Roman
" people, the infamy of trials, the disgrace of the whole
"' senatorian order, as I thought it the only remedy to
'' these mischiefs, for men of abilities and integrity to
*' undertake the cause of the republic, and the laws,
*' so I was induced the more readily, out of regard to
** our common safety, to come to the relief of that part
" of the administration w^hich seemed the most to
*' stand in need of it *."
This previous point being settled in favour of Ci-
cero, a hundred and ten days w^ere granted to him by
law, for preparing the evidence ; in which he was
obliged to make a voyage to Sicily, in order to exa-
mine witnesses, and collect facts to support the indict-
ment. He was aware, that all Verres's art would be
employed to gain time, in hopes to tire out the prose-
cutors, and allay the heat of the public resentment :
so that for the greater dispatch he took along with
him his cousin L. Cicero, to ease him of a part of the
trouble, and finished his progress through the island in
less than half the time which was allowed to him f .
In all the journeys of this kind the prosecutor's
charges used to be publicly defrayed by the province,
or the cities concerned in the impeachment : but Ci-
cero, to shew his contempt of money, and disinterest-
edness in the cause, resolved to put the island to no
charge on his account ; and in all the places to which
he came, took up his quarters with his particular
* DiVInat. 3.
f Ego SIciliam totam (^Mlnf^uagiuta diebus bic ohlL Ip Verr.
Act. I. 2. '. '
94 The LIFE of Sect. IL
friends and acquaintance, in a private manner, and at
liis own expence X*
The Sicilians received him every where with all the
honours due to his uncommon generosity, and the
pains which he was taking in their service : but at
Syracuse he met with some little affronts, from the in-
fluence of the praetor Metellus, who employed all his
power to obstruct his enquiries, and discourage the
people from giving him information. He was invited,
however, by the magistrates, with great respect, into
their senate, where, after he had expostulated with them
a httle, for the gilt statue of Verres, which stood there
before his face, and the testimonial which they had
sent to Rome in his favour, they excused themselves
to him in their speeches, and alleged, that what they
had been induced to do on that occasion, was the ef-=
feet of force and fear, obtained by the intrigues of a
few, against the general inclination ; and, to convince
him of their sincerity, delivered into his hands the au-
thentic accounts of many robberies and injuries which
their own city had suffered from Verres, in common
with the rest of the province. As soon as Cicero re-
tired, they declared his cousin Lucius the public guest
and friend of the city, for having signified the same
good will towards them, which Cicero himself had al-
ways done ; and, by a second decree, revoked the pu-
bUc praises v/hich they had before given to Verres.
f In Sicilam sum inquirendi causa profectus, quo in negotio —
ad hospites meos, ac necessaiios, causae communis defensor diver-
li potius, qufim ad eos, qui a me consilium petivissent. Nemini
meus adventus labori aut sumntui, neque publice neque privatim
hh. In Vcrr. i, i. 6.
Sect. n. CICERO. 95
Here Cicero's old antagonist, Caecilius, appealed against
them to the praetor, which provoked the populace to
such a degree, that Cicero could hardly restrain them
from doing him violence : the praetor dismissed the
senate, and declared their act to be irregular, and
would not suffer a copy of it to be given to Cicero ;
whom he reproached at the same time for betraying
the dignity of Rome, by submitting not only to speak
in a foreign senate, but in a foreign language, and to
talk Greek among Grecians :j:. But Cicero answered
him with such spirit and resolution, urging the sanc-
tion of the laws, and the penalty of contemning them,
that the praetor was forced at last to let him carry a-
way all the vouchers and records which he required ^,
But the city of Messana continued obstinate to the
last, and firm to its engagements with Verres ; so that
when Cicero came thither, he received no compli-
ments from the magistrates, no offer of refreshments
or quarters, but was left to shift for himself, and to be
taken care of by private friends. An indignity, he
says, which had never been offered before to a sena^
tor of Rome ; whom there was not a king or city up-^
t Ait indignum facinus esse, quod ego in senatu Gr£Bca verba,
facissem : quod quidem apud Gnscos Greece locutus essera, id
feni nullo modo posse. In Verr. 4. 66. Vid. 62, 6^, 64.
^ Valerius Maximus says, that the Roman magistrates were an-
ciently so jealous of the honour of the republic, that they never
gave an answer to foreigners but in Latin ; and obliged the Greeks
themselves to speak to them always by an interpreter, not only
in Rome, but in Greece and Asia ; in order to inculcate a reve-
rence tor the Latin tongue through all nations. [Lib. 2. 2.] But
this piece of discipline had long been laid aside ; and the Greek
language had obtained such a vogue in Rome itself, that all the
great and noble were obliged not only to learn, but ambitious e-
%'£ry where to speak it.
* Vid. in Vcrr. 1, 4. 62, 6^^ 64, 6y
^6 The life of SfcT. IL
on earth, that was not proud to invite and accommo-
date with a lodging. But he mortified them for it
severely at the trial, and threatened to call them to
an account before the senate, as for an affront to the
whole order f . After he had finished his business in
Sicily, having reason to apprehend some danger in re-
turning home by land, not only from the robbers who
infested all those roads, but from the malice and con*
trivance of Verres, he chose to come back by sea, and
arrived at Rome, to the surprise of his adversaries,
much sooner than he was expected J, and full charged
with most manifest proofs of Verres's guilt.
On his return he found, v/hat he suspected, a strong
cabal, formed to prolong the affair, by all the arts of
delay which interest or money could procure *, with
design to throw it off at least to the next year, when
Hortensius and Metellus were to be consuls, and Me-
tellus's brother a prastor, by whose united authority
the prosecution might easily be baffled : and they had
already carried the raatter so far, that there was not
time enough left within the current year to go through
the cause in the ordinary forms. This put Cicero up-
on a new project, of shortening the method of pro -
ceeding f , so as to bring it to an issue at any rate be -
f Ecquse civitas est— Rex denique ecqiiis est, qui senatorem
populi Romani tecto ac domo non invitet ? &c. In Verr. 4. u..
X Non ego a Vibone Veliam parvulo naviglo Inter fajji'ivorum,
praidoniim, ac tua tela, venlssera — omnis ilia mea festinatio fuit
cum periculo capitis. 3n Verr. 1. 2. 40. Vid. Ascon, Argum. la
Divinat.
* Reperio, judlces, Videc ab istis consilia inita et constltuta, ut
quacunque opus esset ratione res ita duceretur, ut apuJ M. Me-
tellum Praetorem causa diceretur. In Verr. Act. i. 9.
f Cicero summo con^llio videtur in Verrem vel contrahere
tempore
Sect. IL CICERO. 95
fore the present praetor M. Glabrio and his assessors,
who were hke to be equal judges *, Instead, there-
fore, of spending any time in speaking, or employing
his eloquence, as usual, in enforcing and aggravating
the several articles of the charge, he resolved to do
nothing more than produce his witnesses, and offer
them to be interrogated : where the novelty of the
thing, and the notoriety of the guilt, which appeared
at once, from the very recital of the depositions, so
confounded Hortensius, that he had nothing to say for
his client, who, despairing of all defence, submitted,
without expecting the sentence, to a voluntary exile f .
From this account it appears, that of the seven ex-
cellent orations, which now remain on the subject of
this trial, the two first only were spoken, the one cal-
led the divination, the other the first action, which m'
nothing more than a general preface to the whole
cause : the other five were published afterwards, as
tbey were prepared and intended to be spoken, if Ver^
res had made a regular defence : for as this was the
only cause in which Cicero had yet been engaged, or
ever designed to be engaged, as an accuser, so he was
willing to leave these orations as a specimen of his a-
bihties in that way, and the pattern of a just and dili«.
tempora dicendi maluisse, quam in eum annum, quo erat Q^ Hor-
tensius Consul futurus, incidere. Quintil. 6. 5.
* Mihi certum est non committere, ut in hac causa praetor no-
bis consiliumque mutetur. Act. 1. 18.
f Faciam hoc — ut utar testibus statim* Ibid. — Sed tantum-
modo cit^ret testes — et eos Hortensio interrogandos daret : qua
arte ita est fatigatus Hortensius, ut nihil, contra quod diceret, in-
veniret : ipse etiam Vcrres, desperato patrocinio, sua sponte dis*
cederet in exilium, Argum, Asconii in Act. i*
Vol. I, G
98 The LIFE of Sect. II.
the sequel of this history ; for though few of their go-
vernors ever came up to the full measure of Verres's
iniquity, yet the greatest part were guilty in some de-
gree of every kind of oppression, with which Verres
himself was charged. This Cicero frequently inti-
mates in his pleading, and urges the necessity of con-
demning him for the sake of the example, and to pre-
vent such practices from growing too general to be
controuled *.
The accusation was divided into four heads ; i. Of
corruption in judging causes ; 2. Of extortion in col-
lecting the tithes and revenues of the republic : 3. Of
plundering the subjects of their statues and wrought
plate, which was his pecuhar taste : 4. Of illegal and
tyrannical punishments. I shall give a specimen or
two of each, from the great number that Cicero has
collected, w^hich yet, as he tells us, was but a small
extract from an infinitely greater, of which Verres had
been actually guilty.
There was not an estate in Sicily, of any consider-
able value, which had been disposed of by will for
twenty years past, where Verres had not his emissaries
at work to find some flaw in the title, or some omis-
sion in executing the conditions of the testator, as a
ground of extorting money from the heir. Dio of
Halesa, a m^tn of eminent quality, was in quiet posses-
sion of a great inheritance, left to him the by will of a re-
lation, w^ho had enjoined him to erect certain statues-
* Quid igitur dicet ? fecisse alios. — Sunt quoedam omnino in te
slngulaiia — qusedam t.ibi cum multis communia. Ergo omittani
tuos peculatus, ut ob jus dicendum pecunias acceptas — quae foiii-
tan alii quoque fecerinl, Sec. In Verr. 1, 3. 88r
Sect.il CICERO.' :g^
in the square of the city, on the penalty of forfeiting
the estate to the Erycinian Venus. The statues were
erected according to the will ; yet Verres having found
some httle pretence for cavilling, suborned an ob-
scure Sicihan, one of his own informers, to sue for the
estate in the name of Venus ; and, when the cause
was brought before him, forced Dio to compound with
him for about nine thousand pounds, and to yield to
him also a famous breed of mares, Avith all the valua-
ble plate and furniture of his house ^,
Sopater, an eminent citizen of Halici^e, had been
accused before the late praetor C. Sacerdos of a capital
crime, of which he was honourably acquitted : but
when Ven-es succeeded to the government, the pro-
secutors renewed their charge, and brought him to a
second trial before their new pr^tor ; to which Sopa-
ter, trusting to his innocence and the judgment of Sa-
cerdos, readily submitted without any apprehension of .
danger. After one hearing the cause was adjourned,
when Timarchides, the freedman and principal agent
of V'erres, came to Sopater, and admonished him as a
friend, not to depend too much on the goodness of his
cause and his former absolution, for that his adver-
saries had resolved to offer money to the praetor, who
would rather take it for saving, than destroying a
criminal, and was unwilling likewise to reverse the
judgment of his predecessor. Sopater, surprized at
* Hie est Dio — de quo multis primartis viris testibus satlsfac-
tum est, H-S undecies numeratum esse, ut earn causam, in qua ne
tenuissima quidem susplcio posset esse, isto cognoscente obtineret :
praeterea p^reges nobilisslmarum equarum abactos : argenti vestis-
que stragulaj domi c^uod fuerit e^se direptum, In Vcrr. 1. 2. 7-
G 3
too twz LIFE OF Sect, it
this intimation, and not knowing what answer to make,
promised to consider of it ; but declared himself un-
able to advance any large sum. Upon consulting his
friends, they all advised him to take the hint, and make
up the matter ; so that, in a second meeting with Ti-
marchides, after alleging his particular want of money,
he compounded the affair for about seven hundred
pounds, which he paid down upon the spot *. He
now took all his trouble to be over : but after another
hearing, the cause was still adjourned ; and Timar-
chides came again to let him know, that his accuser*?
had offered a much larger sum than what he had gi-
ven, and advised him, if he was wise, to consider well
what he had to do. But Sopater, provoked by a pro-
ceeding so impudent, had not the patience even to
hear Timarchides, but flatly told him, that they might
do what they pleased, for he was determined to give
no more. All his friends were of the same mind,
imagining, that whatever Verres himself might intend
to do, he would not be able to draw the other judges
into it, being all men of the first figure in Syracuse,
who had judged the same cause already with the late
praetor, and acquitted Sopater. When the third hearing
came on, Verres ordered Petilius, a Roman knight, who
was one of the bench, to go and hear a private cause,
appointed for that day, and of which he was like-r
wise the judge. Petilius refused, alleging that the rest
* Post ad amicos retnlit. Qui cum ei fulssent auctores redi-.
mendte salutis, ad Tlmarchidem venit. Exposltis guis difBculta-
tibus, homlnem ad H S lxxx pcrducit, eamque ei pccuniam nuvo
merat. In Verr. !. 2. 28.
Sect. IL CICERO. lor
of his assessors would be engaged in the present trial.
But Verres declared, that thej might all go with him
too if they pleased, for he did not desire to detain
them ; upon which they all presently withdrew, some
to sit as judges, and to serve theii^ friends in the other
cause. Minucius, Sopater's advocate, seeing the bench
thus cleared, took it for granted that Verres would
not proceed in the * trial that day, and was going out
of the Court along with the rest ; when Verres called
him back, and ordered him to enter upon the defence
of his client. "Defend him!" savs he, '" before whom?
" Before me," rephed Verres, " if you think me wor-
" thy to try a paultry Greek and Sicihan. I do not
" dispute your worthiness," says Minucius, " but wish
" only that your assessors were present, who were so
" well acquainted with the merits of the cause. Be-
** gin, I tell you," says Verres, " for they cannot be
" present. No more can I," replied Minucius ; for
" Petilius begged of me also to go and sit with him
" upon the other trial." And when Verres with many
threats required him to stay, he absolutely refused to
act, since the bench was dismissed, and so left the
Coi^rt together with all the rest of Sopater's friends. —
This somewhat discomposed Verres ; but after he had
been whispered several times by his clerk Timarchides,
he commanded Sopater to speak what he had to say
^n his own defence. Sopater implored him by all the
gods not to proceed to sentence, till the rest of the
judges could be present : but Verres called for the
witnesses, and, after he had heard one or two of them
in a nummary way, without their being interrogated
G4
102 The life of Sect. II.
by any one, put an end to the trial, and condemned
the criminal *.
Among the various branches of Verres's illegal gains,
the sale of offices was a considerable article : for there
was not a magistracy of any kind to be disposed of
either by lot or a free vote, which he did not arbitra-
rily sell to the best bidder. The priesthood of Jupi-
ter at Syracuse was of all others the most honourable :
the method of electing into it, was to chuse three by
a general vote out of three several classes of the citi-
zens, whose names were afterwards cast into an urn,
and the first of them that was drawn out obtained the
priesthood. Verres had sold it to Theomnastus, and
procured him to be named in the first instance among
the three ; but as the remaining part was to be decid-
ed by lot, people were in great expectation to see how
he would manage that which was not so easily in his
power. He commanded, therefore, in the first place,
that Theomnastus should be declared priest without
casting lots ; but when the Syracusans remonstrated
against it as contrary to their rehgion and the law,
he called for the law, which ordered, " that as many
" lots should be made as there were persons nominat-
" ed, and that he, whose name came out the first,
" should be the priest." He asked them, " How ma-
" ny were nominated ?" they answered, " Three :" —
•* And what more then," says he, " is required by the
y—
* Turn repente iste testes citari jubet. Dicit unus Sc alter bre-
viter. Nihil interrogatur. PraBco, dixisse pronunciat. lite —
properans de sella exiluit ; hominem innorentem, a C. Sacerdote
absoJu'.Lim, indicta causa, de sentcntia scribie, medici, haruspicis*.
que condemnavit, lb, ^.o.
Sect. II. CICERO. J03
" law, than that three lots should be cast, and one of
*' them drawn out ?" They answered, "■ Nothing :"
upon which he presently ordered three lots, with
Theomnastus's name upon every one of them, to be
cast into the urn, and so, by drawing out any one, the
election was determined in his favour *.
The tenth of the corn of all the conquered towns in
Sicily belonged to the Romans, as it had formerly
done to their own princes, and was always gathered
in kind and sent to Rome : but as this was not suffi-
cient for the public use, the pr^tors had an appoint-
ment also of money from the treasury, to purchase
such farther stores as were necessary for the current
year. Now, the manner of collecting and ascertain-
ing the quantity of the tithes, was settled by an old
law of king Hiero, the most moderate and equitable
of all their ancient tyrants : but Verres, by a strange
sort of edict, ordered, that the owner should pay what-
ever the collector demanded ; but if he exacted more
than his due, that he should be liable to a fine of eight
times the value f . By this edict he threw the pro-
perty, as it were, of the island, into the power of his
officers, to whom he had farmed out the tithes ; who,
in virtue of the new law, seized into their hands the
whole crop of every town, and obhged the owners to
* Numquid igitur opportet nisi tres sortesxconjici, unam eda-
ci ? Nihil. Conjici jubet tres, in quibus omnibus scriptum esset
nomen Theomnasti. Fit clamor maximus — ita. Jovis illud sa-
cerdotium amplissimum per banc rationem Theomnasto datur.
Ibid. 51.
f Tota Hieronica lege — rejecta et repudiata— edictum, judi-
ces, audite praeclarum : quantum decumanus edidisset aratorcm
sibi decumae dare opportere, ut tantum arator decuraano dare co-
geretur, &c. In Verr. 1. 5. 10,
io4 The life of Sect. IL
give them whatever share of it, or composition in mo-
ney, they thought fit ; and, if any refused, they not
only plundered them of all their goods, but even tor-
tured their persons, till they had forced them to a
compliance *. By these means, Verres having gather-
ed a sufficient quantity of corn from the very tithes
to supply the full demand of Rome, put the whole
money, that he had received from the treasury, into
his own pocket f ; and used to brag, that he had got
enough from this single article to screen him from a-
ny impeachment : and not without reason ; since one
of his clerks, who had the management of this corn-
money, was proved to have got above ten thousand
pounds from the very fees which were allowed for col-
lecting it f . The poor husbandmen in the mean time,
having no remedy, were forced to run away from their
houses, and desert the tillage of the ground ; so that,
from the registers, which were punctually kept in e -
very town, of all the occupiers of arable lands in the
island, it appeared, that, during the three years go-
vernment of Verres, above two-thirds of the whole
iiumber had entirely deserted their farms, and left
their lands uncultivated 11 .
* ApTonius venit, omne Instrumentum diripoiit, fam'rliam ab-
duxit, pecus abegit — hominem corripi et suspend! jussit in oleasr
tro, &c. lb. 23.
f jam vero ab isto omnem illnm ex aerario pecunlam, quain
his oportuit civitatlbus pro framento dari, lucrifactam videti*.
lb. 75, &c.
:|: Tu ex pecunia public? H. S. tredecies scribam tuum per-
mJssu tuo cum abstulisse tateare, reliquam tibi ullam defensionem
putas esse ? lb. 80.
II Agyrinensis ager — ducentos quinquaginta aratores habult pri-
xno anno Prceturae tuae. Quid tertio anno ? Octoginta — hoc
perseque in omni agro dccumano reperietis. lb. 51, 52, &:c.
SrxT. IL CICERO. lo^
Apronius, a man of infamous life and character,
was the principal farmer of the tithes : who, when re-
proached with the cruelty of his exactions, made no
scruple to own, that the chief share of the gain was
placed to the account of the praetor. These words
were charged upon him in the presence of Verres and
the magistrates of Syracuse by one Rubrius, who of-
fered a wager and trial upon the proof of them ; but
Verres, without shewing any concern or emotion at
it, privately took care to hush up the matter, and pre-
vent the dispute from proceeding any farther *.
The same wager was offered a second time, and in
the same public manner, by one Scandilius, who loud-
ly demanded judges to decide it : to which Verres,
not being able to appease the clamour of the man,
was forced to consent, and named them presently out
of his own band, Cornelius his physician, Volusius his
soothsayer, and Valerius his crier ; to whom he usual-
ly referred all disputes, in which he had any interest.
Scandilius insisted to have them named out of the ma-
gistrates of Sicily, or that the matter should be refer-
red to Rome : but Verres declared, that he would not
trust a cause in which his own reputation was at stake-,
to any but his own friends ; and when Scandilius re-
fused to produce his proofs before such arbitrators,
Verres condemned him in the forfeiture of his wager,
which was forty pounds, to Apronius f .
* Eorum omnium, qui decumani vocabautur, pvinceps erat
Q^ ille Apronius, quern videtis : de cujas improbitate singular!
gravissimarum legationum querimonias audistls. lb. 9.
Cum palam Syracusis, te audlente, maxirao conventu, P. Ru-
brius Q-^ Apronium sponsione lacessivit, ni Apronius dictitaret, te
sibi in decumis esse socium, &c. lb. 57.
f Hie tu medicum et haruspicera, et praeconetn tuum rscupera.
io6 The LIFE of Sect. II,
C. Heius was the principal citizen of Messana, where
he hved very splendidly in the most magnificent house
of the city, and used to receive all the Roman magis-
trates with great hospitality. He had a chapel in his
house, built by his ancestors, and furnished with cer-
tain images of the gods, of admirable sculpture and
inestimable value. On one side stood a Cupid of mar-
ble, made by Praxiteles : on the other, a Hercules
of brass, by Miron ; with a httle altar before each
god, to denote the rehgion and sanctity of the place.
There Vv^ere likewise two other figures of brass of two
yoLtng women, called Canephorae, with baskets on
their heads, carrying things proper for sacrifice after
the manner of the Athenians, the work of Polycletus.
These statues were an ornament not only to Heius,
but to Messana itself, being known to every body at
Rome, and constantly visited by all strangers, to
whom Heius's house was always open. The Cupid
Iiad been borrowed by C. Claudius, for the decoration
of the forum in his ^dilesliip, and was carefully sent
back to Messana ; but Verres, while he was Heius's
guest, would never suffer him to rest, till he had
stript his chapel of the gods and the Canephorae ; and,
to cover the act from an appearance of robbery, forced
Heius to enter them into his accounts, as if they had
been sold to him for fifty pounds ; whereas at a pubHc
tores dabis ? [lb. 60.] Iste viros optimos recuperatores dat,
eundem ilium medicum Cornelium, et haruspicem Volusium, et
Valerlum praeconem. Jbid. 21. it. 11.
Scandilius postulate de conventu recuperatores. Turn iste ne-
^at se de existimatione sua cuiquam, nisi suis, commi^suium — co-
get Scandiliam quinqiie ilia millia nummum dare atque adnu-
inerare Apronio. ib. 60.
Sect. II. CICERO. 107
auction iii Rome, as Cicero says, they had known one
single statue of brass, of a moderate size, sold a little
before for a thousand *. Verres had seen likewise at
Heius's house a suit of curious tapestry, reckoned the
best in Sicily, being of the kind which was called At-
talic, richly interwoven with gold ; this he resolved
also to extort from Heius, but not till he had secured
the statues. As soon therefore as he left Messana, he
began to urge Heius by letters, to send him the tapes-
try to Agrigentum, for some particular service which
he pretended ; but when he had once got it into his
hands, he never restored it f . Now Messana, as it
is said above, was the only city of Sicily that perse-
vered to the last in the interest of Verres ; and at the
time of the trial sent a public testimonial in his praise
by a deputation of its eminent citizens, of which this
very Heius was the chief. Yet when he came to be
interrogated and cross-examined by Cicero, he frank-
ly declared, that " though he was obliged to perform
**■ what the authority of his city had imposed upon
" him, yet that he had been plundered by Verres of
" his gods, which were left to him by his ancestors.
* Erat apud Heium sacrarium magna cum dignitate In tedlbus,
a majoribus traditum, perantiquum : in quo signa pulcherrima qua-
tuor, summo artificio. summa nobilitate, &.c. [In Verr. 1. 4. 2.J
C. Claudius, cujus iEdilitatem raagnificentissimum scimus fuisse,
usus est hoc Cupidine tarn diu, dum forum Diis immortalibus,
populoque Romano habult ornatum. — Hsec omnia, quce d'xi,
signa ah Heio, de sacrario Verres abstulit, &.C. ib. 3. Itajus-
sisti, opinor, ipsum in tabuhs referre. [ib. 6.] In aucliune*
signum geneum non magnum H. S. cxx. nnllibus venire non vidi-
mus ? lb. 7.
t Quid ? ilia Attalica, tota Sicilia norainata, ab eodera Heio
peripetasmata cracre oblitus es f—At quomodo abstulit ? 6ic,
ib. 12.
lo-S The LIFE of Sect. U'.
** and which he never would have parted with on any
*' condition whatsoever, if it had been in his power
" to keep them *."
Verres had in his family two brothers of Cilicia^
the one a painter, the other a sculptor, on whose
judgment he chiefly relied, in his choice of pictures
and statues, and all other pieces of art. They had
been forced to fly from their country, for robbing a
temple of Apollo, and were now employed to hunt
out every thing that was curious and valuable in Si-
cily, whether of public or private property. These
brothers having given Verres notice of a large silver
ewer, belonging to Pamphilus of Lilybaeum, of most
elegant work, made by Boethus f , Verres immediate^
ly sent for it, and seized it for his own use : and while
Pamphilus was sitting pensive at home, lamenting the
loss of his rich vessel, the chief ornament of his side-
board, and the pride of his feasts, another messenger
came running to him, with orders to bring two silver
cups also, which he was known to have, adorned with
figures in relief, to be shewn to the praetor, Pamphi-
lus, for fear of greater mischief, took up his cups, and
carried them away himself: when he came to the pa-
lace, Verres happened to be asleep, but the brothers
were walking in the hall, and waiting to receive him :
v/ho, as soon as they saw him, asked for the cups,
* Qoid enlm poterat Hems respondere ? Prlmo dixit, se
ilium publice kudare, quod sibi ita mandatum esset : delnde
iieque se ilia habuisse venalia, neq_ue ulla conditione, si utrum
vellet liceret, adduci unquam potulsse ut venderet ilia, &.c. Jn
Vcrr. 4. 7.
f A celebrated Carthaginian sculptor, who left many famous
tfrorks behind him. Vid. Plin. Hist. Nat. lib. 33, 1 2. it lib. .^4. 8.
Sect. IL CICERO.
K>Q
which he accordmgly produced. They commended
the work, whilst he, with a sorrowful face, began to
complain, that if they took his cups from him, he
should have nothing of any value left in his house.
The brothers, seeing his concern, asked how much he
would give to preserve them ; in a word, they de-
manded forty crowns ; he offered twenty : but while
they were debating, Verres awaked and called for the
cups, which being presently shewn to him, the bro-
thers took occasion to observe, that they did not an-
swer to the account that had been given of them,
and were but of paultry work, not fit to be seen a-
mong his plate ; to whose authority Verres readily
submitted, and so Pamphilus saved his cups f .
In the city of Tindaris there was a celebrated image of
Mercury, which had been restored to them from Carth-
age by Scipio, and was worshipped by the people with
singular devotion, and an annual festival held in honour
of it. This statue Verres resolved to have, and command-
ed the chief magistrate, Sopater, to see it taken down,
and conveyed to Messana. But the people were so
inflamed and mutinous upon it, that Verres did not
persist in his demand at that time ; but when he was
leaving the place, renewed his orders to Sopater, with
severe threats, to see his command executed. Sopa-
ter proposed the matter to the senate, who universal-
f Cybirate sunt fratres — quorum alterum fingere opiniore cera
solitum esse, alterum esse pictorem. — Canes venaticos diceres, ita
odorabantur omnia et pervestigabant. In Verr. 4. i^,
Memini Pamphilum Lllyb£etenam — mihi narrare, cum istc ab
sese hydriam Boethi manu factam, prseclaro opere et grandi pon-
dere per potestatem abstulisset j sc sane trlsten^^ et conturb-itum
domum revertiss*!;, &c. lb. i^.
no The LIFE of Sect. I.
ly protested against it : in short, Verres returned to
the town, and enquired for the statue ; but was told
by Sopater, that the senate would not suffer it to be
taken down, and had made it capital for any one to
meddle with it without their orders. " Do not tell
" me," says Verres, " of your senate and your orders ;
*' if you do not presently deliver the statue, you shall
*' be scourged to death wdth rods." Sopater, with
tears, moved the affair again to the senate, and related
the praetor's threats ; but in vain ; they broke up in
disorder, without giving any answer. This was re-
ported by Sopater to Verres, who was sitting in his
tribunal : it was in the midst of winter, the weather
extremely cold, and it rained very heavily, when Ver-
res ordered Sopater to be stripped, and carried into the
market-place, and there to be tied upon an equestrian
statue of C. Marcellus, and exposed, naked as he was,
to the rain and the cold, and stretched in a kind of
torture upon the brazen horse, where he must neces-
sarily have perished, if the people of tiie town, out of
compassion to him, had not forced theic senate to grant
the Mercury to Verres '^.
Young Antiochus, king of Syria, having been at
Rome, to claim the kingdom of Egypt, in right of his
* Turn iste ; Quam mihi religionem narras ? quam pcenam ?
<fuem senatum ? Vivum te non relinquam: moricre virgis, nisi
signum traditur — Erat hiems summa, tempestas, ut ipsum Sopa-
trum djcere audlstis, perfrigida ; imber maximus, cum ipse im-
perat lictoribus, ut Sopatrum — praecipitem in forum dejiclant,
nudumque constituant — cum esset vinctus nudus in cere, in irabri,
in frigor*. Neque tamen finis huic injuriai crudelitatique fiebat,
donee populus atque universa multitudo, atrocltate rei comraota,
senatum clamore coegit, ut ei simulacrum iljud Mercuiii poUice-
retur. lb. 39, 40.
Sect. II. CICERO. iit
mother, passed through Sicily at this time on his re-
turn home, and came to Syracuse, where Verres, who
knew that he had a great treasure with him, received
him with a particular civihty ; miade him large pre-
sents of wine, and all refreshments for his table, and
entertained him most magnificently at supper. The
king, pleased with this compliment, invited Verres, in
his turn, to sup with him, when his side-board wa^
dressed out in a royal manner, with his richest plate,
and many vessels of solid gold set with precious stones,
am.ong which there was a large jug for wine, made
out of an entire gem, with a handle of gold to it*
Verres greedily surveyed and admired every piece,
and the king rejoiced to see the Roman praetor so
well satisfied with his entertainment. The next morn-
ing Verres sent to the king, to borrow some of his
choicest vessels, and particularly the jug, for the sake
of shewing them, as he pretended, to his own work-
men ; all which the king, having no suspicion of him,
readily sent. But besides these vessels of domestic
use, the king had brought with him a large candle-
stick, or branch for several lights, of inestimable va-
lue, all made of precious stones, and adorned with the
richest jev/els, which he had designed for an offering
to Jupiter Capitolinus ; but finding the repairs of the
Capitol not finished, and no place yet ready for the
reception of his offering, he resolved to carry it back,
without shewing it to any body, that the beauty of it
might be new and the more surprising, when it came
to be first seen in that temple. Verres, having got in-
telligence of this candlestick, sent again to the king,
to beg, by all means, that he would favour him with
Vol. L H
112
The life of Sect. H.
a sight of it, promising that he would not suffer any
one else to see it. The king sent it presently by his
servants, who, after they had uncovered and shewn it
to Verres, expected to carry it back with them to the
king ; but Verres declared, that he could not suffi-
ciently admire the beauty of the work, and must have
more time to contemplate it ; and obliged them there-
fore to go away and leave it with him. Several days
passed, and the king heard nothing from Verres : so
that he thought proper to remind him, by a civil mes-
sage, of sending back the vessels : but Verres ordered
the servants to call again some other time. In short,
after a second message, with no better success, the
king was forced to speak to Verres himself: upon
which Verres earnestly entreated him to make him a
present of the candlestick. The king affirmed it to
be impossible, on account of his vow to Jupiter, to
which many nations were witnesses. Verres then be-
gan to drop some threats ; but finding them of no
more effect than his entreaties, he commanded the
king to depart instantly out of his province, declaring,
that he had received intelligence of certain pirates,
who were coming from his kingdom to invade Sicily.
The poor king, finding himself thus abused and rob-
bed of his treasure, went into the great square of the
city, and, in a public assembly of the people, calhng
upon the gods and men to bear testimony to the inju-
ry, made a solemn dedication to Jupiter of the candle-
stick, which he had vowed and designed for the Capi-
tol, and which Verres had forcibly taken from him *.
* Rex maximo conventu Syracusis in foro — flens, ac Deos ho-
minesque contestans, clamare coepitj candelabrum factum e gem-
mis.
Sect. IL CICERO. 113
When any vessel, richly laden, happened to arrive
in the ports of Sicily, it was generally seized by his
spies and informers, on pretence of its coming from
Spain, and being filled with Sertorius's soldiers : and
when the commanders exhibited their bills of lading,
with a sample of their goods, to prove themselves to
be fair traders, who came from different quarters of
the world, some producing Tyrian purple, others A-
rabian spices, some jewels and precious stones, others
Greek wines and Asiatic slaves, the very proof by
which they hoped to save themselves was their cer-
tain ruin : Verres declared their goods to have been
acquired by piracy, and seizing the ships with their
cargoes to his own use, committed the whole crew to
prison, though the greatest part of them perhaps were
Roman citizens. There was a famous dungeon at
Syracuse, called the Latomiae, of a vast and horrible
depth, dug out of a sohd rock, which having original-
ly been a quarry of stone, was converted to a prison
by Dionysius the Tyrant. Here Verres kept great
numbers of Roman citizens in chains, whom he had
first injured to a degree that made it necessary to de-
stroy them, whence few or none ever saw the light a-
gain, but were commonly strangled by his orders f .
mis, quod in Capitolium missurus esset — id sibi C. Verrem abstii-
lisse. — Id etsi antea jam mente et cogitatlone sua consecratum
esset, tamen, turn se in illo conventu civium Romanorum dare,
donare, dicare, consecare Jovl Opt. Max. &c. lb. 28, 2q.
f Qusecunque navis ex Asia — veniret, statim certis indicibus
€t custodibus tenebatur : vectores omnes in Latomias conjicie-
bantur : onera atque merces in praetoriam domum deferebantur —
COS Sertorianos milites esse, atque a Dianio fiigere dicebat, &c.
In Verr. J. 5. i;6.
H 2 Latomia?
114 The LIFE or \Sect. IL
One Gavins, however, a Roman citizen of the town
of Cosa, happened to escape from this dreadful place,
and run away to Messana, w^here, fancying himself out
of danger, and being ready to embark for Italy, he
began to talk of the injuries which he had received,
and of going straight to Rome, where Verres should
be sure to hear of him. But he might as well have
said the words in the praetor's palace as at Messana ;
for he -was presently seized and secured till Verres's
arrival, who coming thither soon after, condemned him
as a spy of the fugitives, first to be scourged in the
market-place, and then nailed to a cross erected for
the purpose, on a conspicuous part of the shore, and
looking towards Italy, that the poor.wretch might have
the additional misery of suffering that cruel death in
sight as it v/ere of his home *.
The coasts of Sicily being much infested by pirates,
it was the custom of all praetors to fit out a fleet eve-
ry year, for the protection of its trade and navigation.
This fleet was provided by a contribution of the mari-
time towns, each of which usually furnished a ship,
with a certain number of men and provisions : but
Verres, for a valuable consideration, sometimes remit-
Latomias Syracusanas omnes audistis. Opus est in^ens mag-
nificum regum ac tyrannorum. Totum est ex saxo mirandam in
altitudinem depresso — nihil tam clausura ad exitus, nihil tarn tu-
tnra ad custodias nee fieri nee cogitari potest. [lb. 27.] Career
ille, qui est a erudelissirao tyranno Dionysio factus, cjuae Lato-
miae voeantur, in istius imperio domicilium eivium Romanorum
fuit. lb. 5S'
* Gavius hie, quern dico, Cosanus, cum in illo numero eivium
ab isto in vincla conjeetus esset, et nescio qua ratione clam e La«
tomiis profugisset — loqui Messance coepit, et queri, se eivem Ro-
manum in vincla conjcetum, sibi recta iter esse Romam, Verri
se prttsto advenienti futurum, &.c. lb. 6^1.
Sect.il CICERO. 115
ted the ship, and always discharged as many of the
men as were able to pay for it. A fleet, however,
was equipped of seven ships, but for shew rather than
service, without their complement either of men or
stores, and wholly unfit to act against an enemy ; and
the command of it was given by him, not to his quccs-
tor, or one of his lieutenants, as it was usual, but to
Cieomenes, a Syracusian, whose wife was his mistress,
that he might enjoy her company the more freely at
home, while her husband was employed abroad. For,
instead of spending the summer, as other governors
used to do, in a progress through his province, he quit-
ted the palace of Syracuse, and retired to a little island
■adjoining to the city, to lodge in tents, or rich pavi-
lions, pitched close by the fountain of Arethusa, where,
forbidding the approach of men or business to disturb
him, he passed two of the hot months in the company
of his favourite wom.en, in all the delicacy of pleasure
that art and luxury could invent *.
The fleet in the mean time sailed out of Syracuse
in great pomp, and saluted Verres and his company,
as it passed ; when the Roman Praetor, says Cicero,
who had not been seen before for many days, shewed
himself at last to the sailors, standing on the shore in
* Erat et Nice, facie eximia, uxor Cleomenis Syracusani— i^te
autem cum vir esset Syracusis, uxorem ejus parum poterat animo
soluto ac libero tot in act-i dies secuni habere. Itaque excogitat
rem sin^ularem. Naves, quibus legatus prjsfuerat, Cleomeni tra-
dit. Classi populi Romani Cleomenem Syracusanum praeesse ju-
bct. Hoc eo facit, ut non solum ille abesset a domo—Nam tcs-
tare summa, quo tempore ceeteri praetores obire provinciara, et
concursare consueverunt— -eo tempore ad luxurlam, libidinesque
suas — tabernacula — carbaseis iiueuta velis collocaii jussit 111 lit-
toie^ &c. In Verr. 5. 31.
H3
Ii6 The LIFE of Sect. II,
slippers, with a purple cloak and vest flowing down
on his heels, and leaning on the shoulder of a girl, to
view this formidable squadron f : which, instead of
scowring the seas, sailed no farther after several days,
than into the port of Pachynus. Here, as they lay
peaceably at anchor, they were surprised with an ac-
count of a number of pirate frigates, lying in another
harbour very near to them : upon which the Admiral
Cleomenes cut his cables in a great fright, and with all
the sail that he could make, fled away towards Pelo-
rus, and escaped to land : the rest of the ships follow-
ed him as fast as they could ; but two of them, which
sailed the slowest, were taken by the pirates, and one
of the captains killed : the other captains quitted their
ships, as Cleomenes had done, and got safe to land.
The pirates finding the ships deserted, set fire to them
all that evening, and the next day sailed boldly into
the port of Syracuse, which reached into the very
heart of the town ; where, after they had satisfied their
curiosity, and filled the city with a general terror, they
sailed out again at leisvire, and in good order, in a
kind of triumph over Verres and the authority of
Rome *.
f Ipse autera, qui visus multis diebus non esset, turn se ta-.
men in conspectum nautis paullisper dedit. Stetit soleatus prae-
tor populi Roniani cum palllo purpureo, tunlcaque talari, muli-
ercula nixus in llttore. lb. ^^.
Quintilian greatly admires this short description, as placing
the very scene and fact before our eyes, and suggesting still
much more than is expressed by it ; [1. 8. 3.] but the concise
elegance and expressive brevity, in which its beauty consists,
cannot possibly be preserved in a translation.
f Tunc Pra-^donum dux Heracleo repente praeter spem, non
sua yirtute-!— victor, classem pulcherrimam populi Komani in lit-
mus.
Sect. II. CICERO. 117
The news of a Roman fleet burnt, and Syracuse
insulted by Pirates, made a great noise through all
Sicily. The captains, in excuse of themselves, were
forced to tell the truth ; that their ships were scan-
dalously unprovided both with men and stores, and
in no condition to face an enemy ; each of them re-
lating hov/ many of their sailors had been discharged
by Verres's particular orders, on w^hom the whole
blame was justly laid. When this came to his ears,
he sent for the captains, and, after threatening them
very severely for talking in that manner, forced them
to declare, and to testify it also in writing, that every
one of their ships had its full complement of all things
necessary : but finding after all, that there was no
way of stifling the clamour, and that it would neces-
sarily reach to Rome, he resolved, for the extenua-
tion of his own crime, to sacrifice the poor captains,
and put them all to death, except the Admiral Cleo-
menes, the most criminal of them all, and at his re-
quest the commander also of his ship. In consequence
of this resolution, the four remaining captains, after
fourteen days from the action, when they suspected
no danger, were arrested and clapt into irons. They
were all young men of the principal famihes of Sicily,
some of them the only sons of aged parents, who came
presently in great consternation to Syracuse, to solicit
the praetor for their pardon. But Verres v/as inexor-
able ; and, having thrown them into his dungeon,
where nobody was sufiered to sj)eak with them, con-
tus expulsam & ejectarn, cum primum advesperasceret, Inflam-
mari iiicendique jussit, &.c. lb. 35. 36,
H4
Ii8 The LIFE of Sect. II.
demned them to lose their heads ; whilst all the ser-
vice that their unhappy parents could do for them,
was to bribe the executioner to dispatch them with
one stroke, instead of more, which he brutally refused
to do, unless he was paid for it, and to purchase of
Timarchides the liberty of giving them burial *.
It happened however before this loss of the fleet,
that a single pirate ship was taken by Verres's heute-
nants, and brought into Syracuse ; which proved to
be a very rich prize, and had on board a great num-
ber of handsome young fellows. There was a band
of musicians among them, whom Verres sent away to
Rome as a present to a friend ; and the rest, who had
either youth or beauty, or skill in any art, were dis-
tributed to his clerks and dependents, to be kept for
his US9 ; but the few who were old and deformed,
were committed to the dungeon and reserved for pu-
nishment f . The captain of these pirates had long
been a terror to the Sicilians ; so that they were all
eager to see his person, and to feed their eyes with
his execution : but being rich, he found means to re-
* Cleomenem & navarchos ad se vocari jubet ; accusal eos,
quod iTUJusmodi de se sermones habueritit , rogat ut id facere de-
sistant, & in sua quisque navi dicat se tantum habuisse nauta-
rum, quantum oportuerit. — Uli se ostendunt quod vellet esse fac-
turos— Iste in tabulas refert ^ obsiynat signis amicorum — Ute
homiuibus miscris innocentibusque injici catenas jubet — Veniuat
Syracusas paientes propiriquique miserorum adolescentium, &c.
In Verr. 5 39 40. &:c.
f Erat ea navis plera juventutis formoslssimae, plena argenti
fact! a'que signati, multa cum strrigula veste— siqui senes aut
deformes erant, eos in hostium aumero ducit : qui aliquid for-
inae, setatis, artiiiciique habebant, abducit omnes, nonnulios scri-
bis suis, filio, cohortique distiibuit Syraphoniacos homines sex
cuidam amico suo Romam muneri misit, &c. ib. 2j, &c.
Sect. II. CICERO.
19
deem his head, and was carefully kept out of sight,
and conveyed to some private custody, till Verres
could make the best market of him. The people in
the mean time grew impatient and clamorous for the
death of the pirates, whom all other prastors used to
execute as soon as taken ; and knowing the number
of them to be great, could not be satisfied with the
few old and decrepit, whom Verres wiUingly sacri-
ficed to their resentment. He took this opportunity
therefore to clear the dungeon of those Roman citi-
zens, whom he had reserved for such an occasion, and
now brought out to execution as a part of the pirati-
cal crew ; but to prevent the imprecations and cries,
which citizens used to make of their being free Ro-
mans, and to hinder their being known also to any
other citizens there present, he produced them all
with their heads and faces so muffled up, that they
could neither be heard or seen, and in that cruel man-
ner destroyed great numbers of innocent men '*. But
to finish at last this whole story of Verres : After he
had lived many years in a miserable exile, forgotten
and deserted by all his friends, he is said to have been
reheved by the generosity of Cicero f ; yet was pro-
* Archipiratam ipsum vldlt nemo— cura omnes, ut mos est,
concurrerent, quaereient, videre cuperent, &c. [ib. 26.] Cum
maximus numerus deesset, turn iste in eorum locum, quos domuia
suam de piratis abduxerut, substltuere coepic cives Romanos, quos
in carcerem antea conjecerat— Itaqae alii cives Romani ne cog.
noscerentur, capitibus obvQlutibus de carcere ad palum atque ne-
cem rapiebantur, &.c. lb. 28. &c.
Quid de multitudine dicehius eorum, qui capitibus Involutls in
piratarum captivorumque numcro produccbantur, ut securi feri-
rentur, Ib. 60.
f Senec. 1. 6, Suasor. 6.
I2C The life of Sect. IL
scribed and murdered afrer all by Marc Anthony, for
the sake of his fine statues and Corinthian vessels,
which he refused to part with * : happy only, as Lac-
tantius says, before his death, to have seen the more
deplorable end of his old enemy and accuser Cicero f .
But neither the condemnation of this criminal, nor
the concessions already made by the senate, were able
to pacify the discontents of the people : they de-
manded still, as loudly as ever, the restoration of the
tribunician power, and the right of judicature to the
JEquestrian order ; till, after various contests and tu-
mults, excited annually on that account by the tri-
bunes, they were gratified this year in them both ;
in the first by Pompey the Consul, in the second by
L. Cotta the Praetor f . The tribunes were strenu-
ously assisted in all this struggle by J. Caesar ||, and
as strenuously opposed by all who wished well to the
tranquillity of the city ; for long experience had
shewn, that they had always been, not only the chief
disturbers of the pubhc peace, by the abuse of their
extravagant power, but the constant tools of all the
ambitious, who had any designs of advancing them-
selves above the laws § : for, by corrupting one or
more of the tribunes, which they were sure to effect
by paying their full price, they could either obtain
from the people whatever they wanted, or obstruct at
* PUn. Hist. N. 1. 34. 2.
f Lactan. 2. 4.
X Hoc consulatu Pompeius Tribuniclam potestatem restitult,
cujus imaginem Sylla sine re rellquer&t. Veil. Pat. 2. 30.
11 Auctores restituendtc Tribuniciie potestatis enixisi-ime juvit,
Sueton. J. Cces. 5.
§ De Legib. 3. 9.
Sect. II. CICERO. 121
least whatever should be attempted against them ; so
that this act was generally disliked by the better sort,
and gave a suspicion of no good intentions in Pom-
pey ; who to remove all jealousies against him on this,
or any other account, voluntarily took an oath, that
on the expiration of his consulship he would accept
no public command or government, but content him-
self with the condition of a private senator ■^.
Plutarch speaks of this act, as the effect of Pom-
pey's gratitude to the people for the extraordinary ho-
nours which they had heaped upon him : but Cicero
makes the best excuse for it after Pompey's death,
which the thing itself would bear, by observing, " that
" a statesman must always consider not only what is
" best, but what is necessary to the times ; that Pom-
" pey well knew the impatience of the people ; and
" that they would not bear the loss of the tribunician
'' power much longer ; and it was the part therefore
" of a good citizen, not to leave to a bad one the cre-
" dit of doing what was too popular to be withstood f ."
Eut whatever were Pompey's views in the restitution
of this power, whether he wanted the skill or the in-
clination to apply it to any bad purpose, it is certain,
that he had cause to repent of it afterwards, when
Caesar, who had a better head with a worse heart, took
the advantage of it to his ruin ; and, by the help of
the tribunes, was supplied both with the power and
the pretext for overturning the republic J.
* Qui cum Consul laudabillter jurasset, se in nuUam provin-
clam ex eo magistratu iturum. Veil. Pat. 2. 31.
f De Legib. 3. 11.
ccvS(? Itti ra ^.py^Siov, Appian. 2. o. 44J«
122 The life of Sect. II.
As to the other dispute, about restoring the right of
judging to the knights, it was thought the best way of
correcting the insolence of the nobles, to subject them
to the judicature of an inferior order, who, from a na-
tural jealousy and envy towards them, would be sure
to punish their oppressions with proper severity. It
was ended however at last by a compromise, and a
new law was prepared by a common consent, to vest
this power jointly in the senators and the knights ;
from each of which orders a certain number was to
be drawn annually by lot, to sit in judgment together
with the praetor upon all causes *.
But, for the more effectual cure of that general H-
cence and corruption of morals, which had infected
all orders, another remedy was also provided this year,
an election of censors : it ought regularly to have
been made every five years, but had now been inter-
mitted from the time of Sylla for about seventeen.
These censors were the guardians of the discipline and
manners of the city f , and had a power to punish
vice and immorality by some mark of infamy in all
ranks of men, from the highest to the lowest. Thq
persons now chosen were L. Gellius and Cn. Lentu^
lus ; both of them mentioned by Cicero as his partis
cular acquaintance, and the last as his intimate friend J,
* Per idem tempus Cotta judicandi munus, quod C. Gracchus
erepturn Senatut, ad Equites, Sylla ab illis ad Senatum transtu-
lerat, aequaliter inter utrumque ordinem partitus est. Veil. Pat,
2. 32.
f Tu es prsefectus moribus, magister veterls disciplinie ac se-
veritatis. Pro Cluen. 46.
X Nam mihi — cum ambobus est amicitia : cum akero vero-^
magnus usus et summa necessitudo. Pro Clucntio, 42.
Sect. II. CICERO.
123
Their authority, after so long an intermission, was exer-
cised with that severity which the Hbertinism of the
times required; for they expelled above sixty four
from the senate for notorious immorahties, the greatest
part for the detestable practice of taking money for
judging causes *, and, among them, C. Antonius, the
uncle of the triumvir ; subscribing their reasons for it,
that he had plundered the allies, dechned a trial, mort-
gaged his lands, and was not master of his estate f :
yet this very Antonius was elected asdile and soon af-
ter, in his proper course, and within six years, advanced
to the consulship : which confirms what Cicero says
of this censorian animadversion, that " it was become
" merely nominal, and had no other effect, than of
" putting a man to the blush J."
From the impeachment of Verres, Cicero entered
upon the ^dileship, and, in one of his speeches, gives
a short account of the duty of it : "I am now chosen
" ^dile," says he, " and am sensible of what is com-
" mitted to me by the Roman people : I am to exhi-
" bit, with the greatest solemnity, the most sacred
" sports to Ceres, Liber, and Libera ; am to appease
*' and conciliate the mother Flora to the people and
" city of Rome by the celebration of the public games ;
" am to furnish out those ancient shews, the first
* Quos autem duo Censores, clarisslmi viri furti et captarum
pecuniarum nomine notaverunt j ii non mode in Senatum redie-
runt, sed etiam illarum ipsarum rerum judiciis absoluti sunt. I-
bid. Vid. Pigh. Annal. ad A. U. 683.
f Asconius in Orat. in Tog. cand.
X Censoris judicium nihil fere damnato afFert praeter ruborem.
Itaque quod omnis ea judicatio versatur tantummodo in nomine,
animadversio ilia ignominia dicta est. Fragment, e lib. 4. dc*
Repub. ex Nonio.
124
The life of Sect. IL
" which were called Roman, with all possible dignity
" and religion, in honour of Jupiter, Juno, Minerva ;
" am to take care also of all the sacred edifices, and
" indeed of the whole city ^," &c. The people were
passionately fond of all these games and diversions ;
and the public allowance for them being but small,
according to the frugality of the old republic, the as-
diles supplied the rest at their own cost, and w^ere of-
ten ruined by it. For every part of the empire was
ransacked for what was rare and curious to adorn the
splendour of their shows : the Forum, in which they
were exhibited, was usually beautified v/ith porticos
built for the purpose, and filled with the choicest sta-
tues and pictures which Rome and Italy afforded. Ci-
cero reproaches Appius for draining Greece and the
Islands of all their furniture of this kind, for the orna-
ment of his sedileship f : and Verres is said to have
supplied his friends Hortensius arid Metellus with all
the fine statues of which he had plundered the pro-
vinces J.
Several of the greatest m.en of Cicero's time had
distinguished themselves by an extraordinary expence
and magnificence in this magistracy ; Lucullus, Scau-
rus, Lentulus, Hortensius §, and C. Antonius ; who,
though expelled so lately from the senate, entertain-
ed the city this year with stage-plays, whose scenes
were covered with silver ; in which he was followed
* In Verr. 5. 14.
f Omnia signa, tabulas, ornamentorum quod superfult in fanis
et communibus locis, tota e Grecia atque Insulis omnibus, honoris
populi Rom. causa — deportavit. Pro Dom. ad Pont 43.
t- Asconius. § De Offic. 2. 16.
Sect. II. CICERO. 125
afterwards by Murena * : yet J. Caesar outdid them
all ; and in the sports exhibited for his father's funeral,
made the whole furniture of the theatre of sohd silver,
so that wild beasts were then first seen to tread on
that metal f : but the excess of his expence was but
in proportion to the excess of his ambition ; for the
rest were only purchasing the consulship, he the em-
pire. Cicero took the middle way, and observed the
rule which he prescribed afterwards to his son, of an
expence agreeable to his circumstances J ; so as nei-
ther to hurt his character by a sordid illiberality, nor
his fortunes by a vain ostentation of magnificence ;
since the one, by making a man odious, deprives him
of the power of doing good ; the other, by making
him necessitous, puts him under the temptation of do-
ing ill : thus Mamercus, by declining the ccdileship
through frugality, lost the consulship § : and C^sar,
by his prodigality, was forced to repair his own ruin
by ruining the republic.
But Cicero's popularity was built on a more solid
foundation, the affection of his citizens, from a sense of
his merit and services ; yet, in compliance with the
custom and humour of the city, he furnished the three
* Ego qui trinos ludos ^dills feceram, tamen Antonii ludls
commovebar. Tibi, qui casu nullos feceras, nihil hujus istam ip-
sam, quam tu irrides, argenteam scenam adversatam putas ? Pro
Muren. 20.
Mox, quod etiam in municipiis imitgntur, C. Antonius ludos
scena argentea fecit : item L. Murena. Plin. Hist. N. ^^. 3.
f Caesar, qui postea Dictator fuit, primus in iEdilitate,^ munere
palris funebri, omni apparatu arenge argenteo usus est, fergeque
argenteis yasis incedere turn primum visaj. Ibid.
X Quare si postulatur a populo — faciendum est, modo pro fa-
cultatibus ; nos ipsi ut fecimus. De Offic. 2. 17.
§ Ibfd.
126 The LIFE of Sect, tt
solemn shews above-mentioned, to the entire satisfac-
tion of the people : an expence which he calls little,
in respect of the great honours which he had received
from them *. The Sicilians, during his ^dileship,
gave him effectual proofs of their gratitude, by sup-
plying him largely with all manner of provisions, which
their island afforded, for the use of his table and the
public feasts, which he was obhged to provide in this
magistracy : but, instead of making any private ad-
vantage of their liberality, he applied the whole to the
benefit of the poor ; and, by the help of this extraor-
dinary supply, contrived to reduce the price of victuals
in the markets f .
Hortensius was one of the consuls of this year ;
which produced nothing memorable but the dedica-
tion of the Capitol by Q^Lutatius Catulus. It had been
burnt down in Sylla's time, who undertook the care of
rebuilding it, but did not live to see it finished, which
he lamented in his last illness, as the only thing want-
ing to complete his fehcity J. By his death that charge
fell to Catulus, as being consul- at the time, who dedi-
cated it this summer with great pomp and solemnity,
and had the honour to have his name inscribed on the
front II.
* Nam pro amplitudine honorum, quos cunctis suffragiis adep-
ti sumus — sane exiguus sumptus aedilitatis fuit. Ibid.
f Plutarch, in Cic.
X Hoc tamen felicitati sute defulsse confessus est^quod Capito-
lium non dedicavisset. Plin. Hist. N. 7. 43.
Curam victor Sylla suscepit, neque tamen dedicavit : hoc un-
um felicitati negatum. Tacit. Hist 3. 72.
II The following inscription was found in the ruins of the Capi-
tol, and is supposed by some to be the very original which Catu-
lus
Sect.il CICERO: 12^
On the occasion of this festival, he is said to have
introduced some instances of luxury not known be-
fore in Rome, of covering the area, in which the peo-
ple sat, with a purple veil, imitating the colour of the
sky, and defending frorh the injuries of it ; and of gild-
ing the tiles of this noble fabric, which were made of
copper : for though the ceilings of temples had before
been sometimes gilt, yet this was the first use of gold
bn the outside of any building *. Thus the Capitol,
like all ancient structures, rose the more beautiful from
its ruins ; which gave Cicero an opportunity of pay-
ing a particular comphment to Catiilus in Verres'S
trial, where he was one of the judges : for Verres hav -
ing intercepted, as it is said above, the rich candlestick
of King Antiochus, which was designed for the Capi-
lus put up J where it remained, as Taeitiis says, to the time of
Vitellitis, Ibido
q, LVTATIVS Q. F.
<>i N. CATVLVS. COS.
SVBSTRVCTIONEM. ET
TABVLARIVM. EXS. C.
FACIVNDVM. CVRAV.
• Quod primus omnium invenit Q^Catulus, cum Ca|5lto1ium de-
dicaret. Plin. 19. I. Cum sua setas varie de Catulo existlm^verit,
quod tegulas sereas Capitolii inaurasset primus. lb. 33. 3. i hough
Pliny calls Catulus the first invenior of these puiple vell>, yet
Lucretius, who, as some think, died in this year, or, as others
roore probably, about sixteen years after, speaks of them as of
tomriion use in all the theatres.
Carbasus ut quondam raai^nis intenta theatric.
Lib. 6. 108.
Et vulgo faciunt id iutea, russaque vela,
Et ferrugina cam magnis intenia theatris, ^
Per malos volgata, trabesque trementia flutant.
Lib. 4. 73.
J, Csesar covered the whole Forum with them, end the later
Emperors the Amphitheatres, in all their shews oE Gladiators and
Other sports. Dio. 1. 43.
Vol. L I
128 The LIFE" of Sect. IL
tol, Cicero after he had charged him with it, takes oc-
casion to say, " I address myself here to you, Catulus,
" for I am speaking of your noble and beautiful monu-
" ment : it is your part to shew not only the severity
" of a judge, but the animosity of an accuser. Your
" honour is united with tljiat of this temple, and, by
" the favour of the senate and people of Rome, your
*'* name is consecrated with it to all posterity : it must
" be your care therefore that the Capitol, as it is now
** restored more splendidly, may be furnished also
" more richly than it w^as before : as if the fire had
" been sent on purpose from heaven, not to destroy the
" temple of Jupiter, but to require from us one more
" shining and m.agnificent than the former *."
In this year Cicero is supposed to have defended
Fonteius and Caecina. Fonteius had been praetor of
the Narbonese Gaul for three years, and was afterwards
accused by the people of the province and one of their
princes, Induciomarus, of great oppression and exac-
tions in his government, and especially of imposing an
arbitrary tax on the exportation of their wines. There
Vv^re two hearings in the cause, yet but one speech of
Cicero's remaining, and that so imperfect, that we can
hardly form a judgment either of the merit, or the is-
sue of it. Cicero allows the charge of the wines to he
a heavy one, if true f ; and, by his method of defence^
one would suspect it to be so, since his pains arc chiefly
employed in exciting an aversion to the accusers, and
a compassion to the criminal. For, to destroy the cre-
dit of the witnesses, he represents the whole nation,
* In Verr. 4. 31. f Pro Fonteio, 5.
Sect. II. CICERO. l2g
" as a drunken, impious, faithless people ; natural ene^
" mies to all religion, without any notion of the sancti-
" ty of an oath, and polluting the altars of their gods
" with human sacrifices : and what faith, what piety,"
" says he, " can you imagine to be in those, who think
" that the gods are to be appeased by cruelty and hu-
" man blood * ,?" And, to raise at last the pity of the
judges, he urges in a pathetic peroration the interces-
sion and tears of Fonteius's sister, one of the vestal
virgins, who was then present ; opposing the piety and
prayers of this holy supphant, to the barbarity and
perjuries of the impious Gauls ; and admonishing the
bench of the danger and arrogance of shghting the
suit of one, whose petitions, if the gods should reject,
they themselves must all be undone, &c. f .
The cause of Caecina was about the right of succes-
sion to a private estate, which depended on a subtle
point of law J, arising from the interpretation of the
prastor's interdict : it shews however his exact know-
ledge and skill in the civil law, and that his pubhc
character and employment gave no interruption to his
usual diligence in pleading causes.
After the expiration of his ^dileship, he lost his cou-^
sin Lucius Cicero, the late companion of his journey to
Sicily ; whose death he laments with all the marks o'f
a tender affection, in the following letter to Atticus.
" You, who of all men know me the best, will easi-
" ly conceive how much I have been afflicted, and
'* what a loss I have sustained both in my public and
* Ibid. 10. f I'oid. 17.^
X Tota mihi causa pro Caecina, de verbis interdlcti fuit : res
involutas definier.do explicavimus. Orator. 29.
I 2
r-p TrtE LIFE OF Sect. IL
*• domestic life : for in him I liad every tiling whicii
*' could be agreeable to man, from the obliging tem-
" per and behaviour of another. I make no doubt
'' therefore, but that you also are affected with it, not
" only for the share which you bear in my grief, but
" for your own loss of a relation and a friend, accom-
" plished with every virtue ; who loved you, as well
*' from his own inclination, as of what he used to hear
" of you from me," * &c.
What made his kinsman's death the more unlucky
to' him at this juncture was the want of his help in
making interest for the praetorship, for which he now
offered himself a candidate, after the usual interval of'
two years f , from the time of his being chosen ^dile :
but the city was in such ferment all this summer, tha?
there was like to be no election at all : The occasion
of it arose from the pubHcation of some new laws,
which were utterly disliked and fiercely opposed by
the senate. The first of them was proposed in favour
of Pompey by A. Gabinius, one of the tribunes, as a
testimony of their gratitude, and the first fruits as it
were of that power which he had restored to them;
It was to grant him an extraordinary commission for
quelling the pirates who infested the coasts and navi-
gation of the Mediterranean, to the disgrace of the
empire, and the ruin of all commerce J ; by which
an absolute command- was conferred upon him through
* Ad Attie. I. 5.
f Ut si i^dilis fuisset, post biennlum tuus annus esset. Ep,
fam. 10. 25.
X Quis navigavit, qui non se aut mortis aut servitutis periculo
committeret, cum aut hieme aut referto piceJonum mari naviga-
ret ? Pro leg- Manil. 11.
Sect. IL -CICERO. J31
all the provinces bordering on that sea, as far as fifty
'tiiles within land. These pirates were grown so
strong, and so audacious, that they had taken several
Roman magistrates and ambassadors prisoners, made
some successful descents on Italy itself, and burnt the
navy of Rome in the very port of Ostia *. Yet the
grant of a jx)wer so exorbitant and unknown to the
laws was strenuously opposed by Catulus, Hortensius,
and all the other chiefs of the senate, as dangerous to
the public liberty, nor fit to be entrusted to any sin-
gle person : they alleged, " That these unusual grants
" were the cause of all the misery that the republic
" had suffered from the proscriptions of Marius and
" Sylla, who, by a perpetual succession of extraordi-
" nary commands,' were made t<30 great to be con-
" trouled by the authority of the laws ; that though
" the same abuse of power was not to be apprehended
** from Pompey, yet the thing itself was pernicious,
*' and' contrary to the constitution of Rome ; that the
" equality of a democracy required, that the public
" honours should be shared alike hy all who were wor«
*' thy of th^m ; that there was no other way to make
" men w^orthy, and to furnish the city with a number
" and choice of experienced commanders : ^nd if, as
" it was said by some, there were really none at that
^' time fijt to command but Pompey, the true reason
* OmI ad vos ab exteris nationibus venirei"jt, querar, cum lega-
t\ pGpiili Roman? redemptl sint ? Mercatoribus tutum mare non
fuisse dica^n, cum duodecim secures in potestatera prtedonum
perrenerinf^ — Qu:d ego Ostiense incommodurT), atque illam la-
bem &. ignorainiam Rejpub, querar, cum prope Inspectantibus
vobis, classis ea, cui Consul populi Romani praepositus esset, &
pjcwedonxbus capta atque oppressa est ? Pro leg. Manil. I2.
^ I 3
j[32 The LIFE of Sect. IL
" was, because they would suffer none to command
" but Pompey *." All the friends of Lucullus were
particularly active in the opposition ; apprehending,
that this new commission would encroach upon his
province and command in the Mithridatic war : so
that Gabinius, to turn the popular clamour on that
side, got a plan of the magnificent palace, which Lu-
cullus was building, painted upon a banner, and car-,
lied about the streets by his mob ; to intimate, that
he was making all that expence out of the spoils of
the republic f .
Catulus, in speaking to the people against this law,
demanded of them, " If every thing must needs be
" committed to Pompey, what they would do if any
" accident should befall him ? Upon which, as Cicero
" says, he reaped the just fruit of his virtue, when
" they all cried out with one voice^ that their depend-
" ence would then be upon him t. Pompey himself,
who was naturally a great dissembler, affected not on-
ly an indifference, but a dislike to the employment,
" and begged the people to confer it on some body
*' else ; and, after all the fatigues which he had un-
*' dergone in their service, to give him leave to retire
" to the care of his domestic affairs, and spare him the
^' trouble and odium of so invidious a commission L"
* Dio. 1. ^6. p. 15.
j- Tugurium ut iam videatur esse Ilia villa, quam ipso Tribu-
rus plebis pictam olim in concionibus explicabat, quo fortissimum
ac summum civem — in invidiam vocaret. Pro Sext. 43. ,
:|: Qdi cum ex vobis qucereret, si in uno Cn; Pompcio omuio
poneretis, si quid eo factum, esset, in quo spc-m essetis habiturl ?
Cepit ma_[Tnuai suae virtutis fructum, cum omnes una prope voce,
ij eo ipso vos spera htbituios esse dixistis. Pro leg, Man. 20.
^ Dio. 1. c;6. rs. II.
Sect. II. CICERO. 135
But this seeming self-denial gave a handle only to
his friends to extol his modesty and integrity the more
-effectually ; and since there had been a precedent for
the law a few years before, in favour of a man much
inferior both in merit and interest, M. Antonius *, it
was carried against the united authority of all the ma-
gistrates, but with the general inclination of the peo-
ple : when, from the greatest scarcity of provisions
which had been known for a long time in Rome, the-
credit of Pompey's name sunk the price of them at
once, as if plenty had been actually restored f . But
though the senate could not hinder the law, yet they
had their revenge on Gabinius the author of it, by-
preventing his being chosen one of Pompey's lieute-
nants, which v/as what he chiefly aimed at, and what
Pompey himself solicited J ; though Pompey probably
made him amends for it in some other way ; since,
as Cicero says, he was so necessitous at this time, and
so profligate, that, if he had not carried his law, hs
must have turned pirate himself ||. Pompey had a
fleet of five hundred sail allowed for this expedition,
with twenty-four lieutenants chosen out of the se-
* Sed idem hoc ante biennium in M. Antonil prnetura decre-
tum. Veil. Pat. 2. 31.
f Q_iio die a vobis maritimo bella prnspositus est imperator,
tanta repente vilitas annonse ex summa inopia &, caritate rei fru-
mentari-cC consecuta est, unius hcminis spe & nomine, qu?ntura
vix ex summa ubertate agrorum diuturna pax efficere potuisset.
Pro leg. Man. 15.
:|: Ne legaretur A. Gabinius Cr. Porcpeio expetenti gc pcs-
tulanti. lb 19,
{{ Nisi rogationem de piratico bsllo tulisset, profecto egestate
&c improbitate coactus piraticam ipse fecisset. Post rcdit in
Senat. 5.
I4
J34
The life of Sect. II,
nate * ; whom he distributed so skilfully through the
several stations of the Mediterranean, that in less than
fifty days he drove the pirates out of all their lurking
holes, and in four months put an end to the v^^hole
war : for he did not prepare for it till the end of
winter, set out upon it in the beginning of spring, and
finished it in the middle of summer f .
A second law was pubhshed by L. Otho, for the
assignment of distinct seats in the theatres to the e-
questrian order, who used before to sit promiscuously
v/ith the populace : but by tlais law fourteen rows of
benches, next to those of the senators, were to be ap-
propriated to their use ; by which he secured to them,
as Cicero says, both their dignity and their pleasure J.
The senate obtained the same privilege of separate
seats about an hundred years before, in the consul-
ship of vScipio Africanus, which highly disgusted the
people, and gave occasion, says Livy, as all innova-
tions are apt to do, to much debate and censure ; for
many of the wiser sort condemned all such distinc-
tions in a free city, as dangerous to the public peace :
and Scipio himself afterwards repented, and blamed
himself for suffering it §* Otho's law, we may ima-
* Plutarch, in Pomp,
-f Ipse autem, ut a Krundisio profectus est, undequinquage-
simo die totam ad imperium populi Romani Ciliciam adjunxit—
ita tahtum bellum — Cn. Pompeius extrema hieme apparavit,
ineunte vere suscepit, media estate confecit. Pro leg. Man. I2.
X L. Otho, vir foitis, meus necessarius, equestri ordinj resti*
tuit noh solum dignitatem, sed etiam voluptatera. Pro Mur. ig,
^ P. Africanus ille superior, ut dicitur, non solum a sapientis-
-imis hominibus, qui turn erant, verum etiam a seipso saepe accu«
satus 'est, quod cam consul esset — passirs esset turn primum a po-
pulari confessu senatoria subsellia separari. Pro Cornel, i, Frag-
" ' mcntc
Sect. II. CICERO. ^135
gine, gave still greater ofFence, as it was a greater af-
front to the people, Xo be removed yet farther fron\
what of all things they were fondest of, the sight of
plays and shews : it was carried, however, by the au^
thority of the tribune, and is frequently referred to by
the classic writers, as an act very memorable, and J,
what made much noise in its tinie.
C. Cornehus also, another tribune, was pushing for-
ward a third law, of a graver kind, to prohibit bribe-
ry in elections, by the sanction of the severest penal-
ties : the rigour of it highly displeased the senate,
whose warm opposition raised great disorders in the
city; so that all other business was interrupted, the
elections of magistrates adjourned, and the consuls
forced to have a guard. The matter, however, was
compounded, by moderating the severity of the pe-
nalties in a new law offered by the consuls, v/liich was
accepted by Cornehus, and enacted in proper form,
under the title of the Calpurnian law, from the name
of the consul C. Calpurnius Piso *. Cicero speaks of
it still as rigourously drawn f ; for, besides a pecuniary
fine, it rendered the guilty incapable of any pubhc
office or place in the senate. This Cornehus seems.
to have been a brave and honest tribune, though
somewhat too fierce and impetuous in asserting the
rights of the citizens ; he pubhshed another law, to
iTient. ex Asconio. [Liv. 1. 34. 54.] Ea res avertit vulgi anf-
mum et favorem Scipionis vehementer quassavit. Val. Max. 2. 4.
X — sedillbusque magnus in primis eques
Othone contcmpto sedet Hor Ep. 4. 15.
Sic libitum vano, qui nos distinxit, Othoni. Juv. 3. 1^5^,
♦ Dio. 1. 36. c. 18.
f Erat eniin sxverissirae scripta Calpurnia. Pro Mur. 23.
135 The LIFE of ' Sect. IL
prohibit any man's being absolved from the obligation
of the laws, except by the authority of the people ;
which, though a part of the old constitution, had long
been usurped by the senate, who dispensed with the
laws by their own decrees, and those often made clan-
destinely, when a few only were privy to them. The
senate, being resolved not to part with so valuable a
privilege, prevailed with another tribune, to inhibit
the publication of it, when it came to be read, upon
which. Gomehus took the book from the clerk, and
read it himself. This was irregular, and much in-
veighed against, as a violence of the rights of the tri-
bunate ; so that Cornelius was once more forced to
compound the matter by a milder law, forbidding the
senate to pass any such decrees, unless when two hun-
dred senators were present J. These disturbances,
howe\^r, proved the occasion of an unexpected ho-
nour to Cicero, by giving him a more ample and pu-
blic testimony of the people's affection ; for in three
different assemblies convened for the choice of prae-
tors, two of which were dissolved without effect, he
was declared every time the first praetor, by the suf-
frages of all the centuries ^,
The Praetor was a magistrate next in dignity to the
consuls, created originally as a colleague or assistant
to them in the administration of justice, and to sup-
ply their place also in absence f . At first there was
but one ; but as the dominion and affairs of the re-
i Ascor.ii argument, pro Cornclio.
* Nam cum propter dllationem comitlorum per prustor primu?
centuTiis cunctis renunciatus sum. Fro leg. rvlanll. i,
f Aul. Gellius, 13. I c.
Sect.II. CICERO. 137
public increased, so the number of praetors was gra-
dually enlarged from one to eight. They were cho-
sen, not as the inferior magistrates, by the people vot-
ing in their tribes, but in their centuries, as the con-
suls and censors also were. In the first method, the
majority of votes in each tribe determined the gene-
ral vote of the tribe, and a majority of tribes deter-
mined the election, in which the meanest citizen had
as good a vote as the best : but in the second, the ba-
lance of power was thrown into the hands of the bet-
ter sort, by a wise contrivance of one of their kings,
Servius Tullius, who divided the whole body of the
citizens into a hundred and ninety-three centuries,
according to a census or valuation of their estates ;
and then reduced these centuries into six classes, ac-
cording to the same rule, assigning to the first or rich-
est class ninety-seven of these centuries, or a majority
of the whole number : so that if the centuries of the
first class agreed, the affair was over, and the votes of
aU the rest insignificant :]:.
The business of the prastors was to preside and
judge in all causes, especially of a public or criminal
kind, where their several jurisdictions were assigned
to them by lot * ; and it fell to Cicero's to sit upon
actions of extortion and rapine, brought against magi-
strates and governors of provinces f , in which, he tells
X From this division of the people into dasses, the word C/as-.
sica/f which we now apply to writers of the first rank, is deriv-
ed : for it signifies originally persons of the first class, all the rest
being stiled infra classem. lb, 7. 13.
* In Verr. Act. i. 8.
\ Postulatur apud me prcetorem primum de pecuniis repetun-
dls. Pro Cornel, i. fragm..
tsl The life of Sect. It
us himself, he had acted as an accuser, sat as a judge^
and presided as praetor :):. In this office he acquired
c great reputation of integrity, by the condemnation
cf Licinius Macer, a person of praetorian dignity and
great eloquence, who would have made an eminent
figure at the bar, if his abihties had not been sulHed
by the infamy of a vicious life *. " This man, as
** Plutarch relates it, depending upon his interest, and
" the influence of Crassus, who supported him with all
** his power, was so confident of being acquitted, that,
** without waiting for sentence, he went home to dress
" himself, and, as if already absolved, was returning
*' towards the court in a white gown ; but being met
** on his way by Crassus, and informed that he was
*' condemned by the unanimous suffrage of the bench,
*' he took to his bed, and died immediately." The
story is told differently by other writers : " That Ma-
*' cer was actually ^t the court expecting the issue ;
*' but perceiving Cicero ready to give judgment against
•** him, he sent one to let him know that he was dead,
** and stopping his breath at the same time with an
^' handkerchief, instantly expired ; so that Cicero did
•* not proceed to sentence, by which Macer's estate
** was saved to his son Licinius Calvus, an orator
** afterwards of the first merit and eminence f " But
from Cicero's own account it appears, that, after treat-
ing Macer in the trial with great candour and equity,
he actually condemned him with the universal appro-
X Accusavi de pecuniis repetundis, judex scdi, praetor quqesl.
vl, &c. Pro Rabin. Post. 4.
f Brutus, 352.
I Plutarch. Cic. Valer. Max. 5. t2.
Sect. 12. CICERO;
^3?
bation of the people ; and did himself much more ha-
nour and service by it, than he could have reaped, he
says, by Macer's friendship and interest, if he had ac^
quitted him J.
Manilins, one of the new tribunes, no sooner enter-
ed itito his office, than he I'aised a fresh disturbance
in' the city, by the promulgation of a law for granting
to slaves set free a right of voting among the tribes ;
which gave so much scandal to all, and was so vigour^
ously opposed by the senate, that be was presently
obliged to drop it * : but being always venal, as Vel-
leius says, and the tool of other mens power, that he
might recover his credit with the- people, and engage
the favour of Pompey, he proposed a second law, that
Pompey, who was then in Ciiicia, extinguishing the
remains of the piratic war, should have the govern-
ment of Asia added to his commission, with the com-
mand of the Mithridatiq war, and of all the Romai>
armies in those parts f . It was about eight years
since LucuUus was first sent to that war, in which,
by a series of many great and glorious acts, he had
acquired reputation both of courage and conduct, e-
qual to that of the greatest genera-ls^: he had driveu
Mithridates out of his kingdom of Pontus, and gained
several memorable victories against him, though sup-»
X Nas hie incredlbili ac singularl populi voluntate de C. Ma-
cro transegimus : cui cum aequi fuisseraus, tamen multQ majorem
fructum ex populi existimatione, illo damnato, cepimuj:, quam tjc
ipsius, si absolutus esset, gratia cepissimus. x'Vd Att. I. 4.
* Ascan. in Orat. pro Cornel. Dio. 1. 36. 23.
■f Semper venalis, et alienre mluister putentise, legem tulit, ut
bellum Mithridaticura per Cii. Pompeium administraretur* V«il,
Pat. 2. s^.
140 The LIFE of Sect. it.
ported by the whole force of Tigranes, the most po-
tent prince of Asia, till his army, harrassed by perpe^
tual fatigues, and debauched by his factious officers,
particularly by his brother-in-law young Clodius J,
began to grow impatient of his discipline, and to de-
mand their discharge. Their disaffection was still in-
creased, by the unlucky defeat of one of his lieute-
nants, Triarius, who, in a rash engagement with Mith-
ridates, was destroyed, with the loss of his camp, and
the best of his troops ; so that as soon as they heard
that Glabrio, the consul of the last year, was appoint-
ed to succeed him, and actually arrived in Asia, they
broke out into an open mutiny, and refused to follow
him any farther, declaring themselves to be no longer
his soldiers : but Glabrio, upon the news of these dis-
orders, having no inclination to enter upon so trouble-
some a command, chose to stop short in Bithynia,
without ever going to the army ^.
This mutinous spirit in LucuUus's troops, and the
loss of his authority with them, which Glabrio was still
less qualified to sustain, gave a reasonable pretext to
Manilius's law ; and Pompey's success against the pi-
rates, and his being upon the spot with a great army,
made it likewise the more plausable ; so that, after a
sharp contest and opposition from some of the best
and greatest of the senate, the tribune carried his
point, and got the law confirmed by the people. Ci-
cero supported it with all his eloquence, in a speech
from the rostra, which he had never mounted till this
;|: Post, exercitu L. LucullI sollicitato per nefandum scelus,
fugit illinc. De Arusplcum respons. 20. Plutarch, in Lucull.-
* Pro leg. Manil, 2. 9. Plutarch, ib. Dio. 1. 36. p. 7.
Sect. IL CICERO. 141
occasion : where, in displaying the character of Pom-
pey, he draws the picture of a consummate general^
with all the strength and beauty of colours which
words can give. He was now in the career of his for-
tunes, and in the sight, as it were, of the- consulship,
the grand object of his ambition ; so that his conduct
was suspected to flow from an interested view of faci-
litating his own advancement, by paying his court to
Pompey's power : but the reasons already intimated^
and Pompey's singular character of modesty and ab-
stinence, joined to the superiority of his military fame,
might probably convince him, that it was not only
safe, but necessary, at this time, to commit a war,
which no body else could finish, to such a general,
and a power which no body else ought to be entrust-
ed with, to such a man. This he himself solemnly
affirms in the conclusion of his speech : " I call the
" gods to witness," says he, " and especially those who
" preside over this temple, and inspect the minds of
" all who administer the public affairs, that I neither
■ " do this at the desire of any one, nor to conciliate
*' Pompey's favour, nor to procure from any man's
*' greatness, either a support in dangers, or assistance
" in honours : for as to dangers, I shall repel them
*' as a man ought to do, by the protection of my
" ninocence ; and for honours, I shall obtain them,
" not from any single man, nor from this place,
" but from my usual laborious course of life, and
" the continuance of your favour. Whatever pains,
*' therefore, I have taken in this cause, I have ta-
*' ken it all, I assure you, for the sake of the repu-
" blic ; and, so far from serving any interest of my
142 The life of Sect. 11.
" own by it, have gained the ill-will and enmity cf
** many, partly secret, partly declared, unnecessary
" to myself, yet not useless perhaps to you : biit, after
** so many favours received from you, and this very
" honour which I now enjoy, I have made it my reso-
" lution, citizens, to prefer your will, the dignity of
" the republic, and the safety of the provinces, to all
" my own interests and advantages w^hatsoever "*."
J. Caesar also was a violent promoter of this law ;
but from a different motive than the love either of
Pompey, or the republic : his design was, to recom-
mend himself by it to the people, whose favour, he
foresaw, would be of more use to him than the se-
nate's, and to cast a fresh load of envy on Pompey,
which, by some accident, might be improved after-
wards to his hurt ; but his chief view was to make the
precedent famihar, that, whatever use Pompey might
make of it, he himself might one day make a bad
one f. For this is the common effect of breaking
through the barrier of the laws, by which many states
have been ruined ; when, from a confidence in the a-
bihties and integrity of some eminent citizen, tliey in-
vest him, on pressing occasions, with extraordinary
powers, for the common benefit and defence of tlie
society ; for though power so entrusted, may, in parti-
cular cases, be of singular service, and sometimes even
necessary ; yet the example is always dangerous, fur-
nishing a perpetual pretence to the ambitious and ill
designing, to grasp at every prerogative which had
, — — — /
* Pro leg, Manil. 24- « f DIo. 1. 56. 2iv
Sect. IL CICERO. 143
been granted at any time to the virtuous, till the same
power, which would save a country in good hands,
oppresses it at last in bad.
Though Cicero had now full employment as Prae-
tor, both in the affairs of state and pubUc trials : yet
he found time still to act the Advocate, as well as the
Judge, and not only to hear causes in his own tribu-
nal, but to plead them also at the tribunals of the o-
ther Praetors. He now defended A. Cluentius, a Ro-
man knight of splendid family and fortune, accused
before the praetor <^ Naso, of poisoning his father-in-
law Oppianicus, who a few years before had been tri-
ed and banished for an attempt to poison Cluentius.
The oration, which is extant, lays open a scene of
such complicated villainy, by poison, murder, incest,
suborning witnesses, corrupting judges, as the poets
themselver have never feigned in any one family ; all
contrived by the mother of Cluentius, against the life
and fortunes of her son : " But what a mother I" says
Cicero ; " one, who is hurried blindfold by the most
*' cruel and brutal passions ; whose lust no sense of
" shame restrains ; who by the viciousness of her mind
" perverts all the laws of men to the worst ends ; who
*' acts with such folly, that none can take her for a
" human creature ; with such violence, that none can
" imagine her to be a woman ; with such cruelty,
" that none can conceive her to be a mother ; one,
" who has confounded not only the name and the
" rights of nature, but all the relations of it too : the
*' wife of her son-in-law ! the stepmother of her son I
" the invader of her daughter's bed I in short, wlio
Vol. I. K
i44 The LIFE of Sect. 1L
" has nothing left in her of the human species, but
" the mere form *."
He is supposed to have defended several other cri-
itlinals this year, though the pleadings are now lost,
and particularly M. Fundanius ; but what gives the
most remarkable proof of his industry, is, that during
his (jraetorship, as some of the ancient writers tell us,
though he was in full practice and exercise of speak-
ing, yet he frequented the school of a celebrated Rhe-
torician, Gnipho f . We cannot suppose that his de-
sign was to learn any thing new, but to preserve and
confirm that perfection which he had already acquired,
and prevent any ill habit from growing insensibly up-
on him, by exercising himself under the observation of
so judicious a master. But his chief viev/ ceitainly vras,
to give some countenance and encouragement to Gni-
pho himself, as well as to the art which he professed ;
and, by the presence and authority of one of the first
magistrates of Rome, to inspire the young nobles with
an ambition to excel in it.
When his magistracy was just at an end, Manilius,
whose tribunate expired a few days before, was accus-
ed before him of rapine and extortion : and though ten
days were always allowed to the criminal to prepare
for his defence, he appointed the very next day for
the trial. This startled and offended the citizens, who
generally favoured Manilius, and looked upon the pro-
secution as the efi^eet of malice and resentment on tlie
* Pro Cluent. 70.
■f Scholam ejus claros vlros frequentasse aiunt 3 In his I\I. Ci-
ceronem etiam cum prsetura fungerstur. Sueton. de clar. Gram-
mat. 7. Macrob. Saturn, 3. 12.
Sect. II. CICERO* 145
part of the senate, for his law in favour of Pompey.
The tribunes therefore called Cicero to an account be-
fore the people, for treating Manilius so roughly ; who
in defence of himself said, That as it had been his
practice to treat all criminals with humanity, so he had
no design of acting otherwise with Manilius, but on
the contrary had appointed that short day for the trial,
because it was the only one of which he was master ;
and that it was not the part of those, who wished well
to Manilius, to throw off the cause to another judge.
This made a wonderful change in the minds of the
audience, who, applauding his conduct, desired then,
that he would undertake the defence of Manihus, to
which he consented ; and, stepping up again into the
rostra, laid open the source of the whole affair, with
many severe reflections upon the enemies of Pom.pey *.
The trial however was dropt, on account of the tu-
mults which arose immediately after in the city, from
some new incidents of much greater importance.
At the consular election, which was held this sum-
mer, P. Autronius P^tus and P. Cornelius Sylla were
declared consuls ; but their election was no sooner
published, than they were accused of bribery and cor-
ruption by the Calpurnian law, and being brought to
trial, and found guilty before their entrance into office,
forfeited the consulship to their accusers and competi-
tors, L. Manlius Torquatus and L. Aurelius Cotta.
Catiline also, who from his praetorsliip had obtained
the province of Afric, came to Rome this year to ap-
pear a candidate at the election, butj being accused of
* Plutarch, in Cic.
K 3
J4^ The LIFE of Sect. IE
extortion and rapine in that government, was not per-*
mitted by the consuls to pursue his pretensions *.
This disgrace of men so powerful and desperate en-
gaged them presently in a conspiracy against the state,
in which it was resolved to kill the new consuls, with
several others of the senate, and share the government
among themselves : but the effect of it Vv^as prevented
by some information given of the design, which was too
jprecipitately laid to be ripe for execution. Cn. Pisa,
an audacious, needy, factious young nobleman, was
privy to it f ; and, as Suetonius says, two more of much
greater weight, M. Crassus and J. Caesar ; the first of
whom was to be created dictator, the second his mas-
ter of the horse : but Crassus's heart failing him, either
through fear or repentance, he did not appear at the
appointed time, so that Caesar would not give the sig-
nal agreed upon, of letting his robe drop from his
shoulder J. The senate was particularly jealous of
Piso, and, hoping to cure his disaffection, by making
him easy in his fortunes, or to remove him at least
from the cabals of his associates, gave him the govern-
ment of Spain, at the instance of Crassus, who strenu-
* Qh*^ f^^'* ^^^ ^' Volcatius consul in consilio faisset, ne pe-
tendi quidem potestatem esse voluerunt. Orat, in Tog. cand.
CatlUna, pecuniarum repetundarum reus, prohibitus erat petere
conHilatum. Sail. i8.
f Cn. Piso, adolescens nobilis. summa; audaci?e, egens, factlcr-
sus — cum hoc Catilina &. Autronlus — consilio communicato, para-
bant in Capitolio L. Cottam & L. Torquatum, Coss. interficere.
Ea re cognita, rursus in Nonas Feb. consilium ccedis transtulcr-
ant, Ibid.
X Vt principio anni Senatum adorirentur, & trucidatis, quos
placitum esset, Dictaturam Crassus invaderet, ipse ab eo magister
equltum diceretur. — Crass'um pocnitentia vel metu diem csedi des-
tinatum non obiisse, idcirco, ne Ccesarem quidem signum, quod ab
eo dari convenerat, dedisse# Sueton* in J, Ctes. 9.
Sect. II. CICERO. 147
ously supported him as a determined enemy to Pom- ,
pey. But, before his setting out, Ceesar and he are
eaid to have entered into a new and separate engage-
ment, that the one should begin some disturbance a-
broad, while the other was to prepare and inflame
matters at home : but this plot also was defeated by
the unexpected death of Piso ; who was assassinated
by the Spaniards, as some say, for his cruelty, or, as
others, by Pompey's clients, and at the instigation of
Fompey himself*,
Cicero, at the expiration of his prastorship, wouldn ot
accept any foreign province f , the usual reward of that
magistracy, and the chief fruit which the generahty
proposed from it. He had no particular love for mo-
ney, nor genius for arms, so that those governments
had no charms for him : the glory which he pursued
was to shine in the eyes of the city, as the guardian of
its laws, to teach the magistrates how to execute, and
the citizens how to obey them. But he vras now pre-
paring to sue for the consulship, the great object of all
his hopes ; and his whole attention was employed how
to obtain it in his proper year, and without a repulse.
There were two years necessarily to intervene between
the proctorship and consulship : the first of which was
usually spent in forming a general interest, and solicit-
ing for it as it were in a private manner ; the second
* Pactumque, ut simul forls ille, ipse Romx, ad res novas cou-
surgerent. Ibid.
Sunt, qui dicunt, imperia ejus injusta — barbaros nequlvisse pati :
alii autem, equites illos, Cn. Pompeii veteres clientes, voluntate
ejus Pisonem aggressos. Sail. 19.
f Tu in provinciam iie noluisti ; non possum id in te repre*
^endere, niiod in meipso picctor — piobavl. Pro Muren. 2O0
^3
t
I4S Thl LIFE OF Sect. n.
in suing for it openly, in the proper form and habit of
a candidate. The affection of the city, so signally de-
clared for him in all the inferior steps of honour, gave
him a strong presumption of success in his present
pretensions to the highest : but as he had reason to
apprehend a great opposition from the nobility, who
looked upon the public dignities as a kind of birth-
right, and could not brook their being intercepted and
snatched from them by new men * ; so he resolved to
put it out of their power to hurt him, by omitting no
pains which could be required of a candidate, of visit-
ing and sohciting all the citizens in person. At the
election therefore of the tribunes on the sixteenth of
July, where the whole city was assembled in the field
of Mars, he chose to make his first effort, and to mix
himself with the crowd, on purpose to caress and sa-
lute them familiarly by name ; and as soon as there
was any vacation in the forum, which happened usual-
ly in August, he intended to make an excursion into
the Cisalpine Gaul, and in the character of a Lieuten-
ant to Piso, the governor of it, to visit the towns and
colonies of that province, which was reckoned very
strong in the number of its votes, and so return to
Rome in January following f . While he was thus
employed in suing for the consulship, L. Cotta, a re-
markable lover of wine, was one of the censors, which
gave occasion to one of Cicero's jokes, that Plutarch
* Non idem mihi licet quod iis, qui nobili genere riRti sunt,
«]uibus omnia populi Romani beneficia dormlentibus deferuntur.
In Verr. 5. 70.
f Quoniara videtuv in sufTragiis multum posse Gallia, cun^ Ro»
TCi'^ a judicils forum refrixerit, excuiremus mense Septembri lega*
i\ ad nsonem. Ad Att. ;, i.
Sect. H. CICERO. 149
has transmitted to us, that happenhig one day to be
dry with the fatigue of his task, he called for a glass
of water to quench his thirst ; and when his friends
stood close around him as he was drinking, " You do
" well," says he, *' to cover me, lest Cotta should cen-
*' sure me for drinking water."
He wrote about the same time to Atticus, then at .
Athens, to desire him to engage all that band of Pom-
pey's dependents, who were serving under him in the
Mithridatic war, and, by way of jest, bids him tell
Pompey himself, " that he would not take it ill of
** him, if he did not com.e in person to his election *."
Atticus spent many years in this residence at Athens,
which gave Cicero an opportunity of employing him
to buy a great number of statues for the ornament of
his several villas, especially that at Tusculum, in which
he took the greatest pleasure f , for its delightfvd si-
tuation in the neighbourhood of Rome, and the con-
venience of an easy retreat from the hurry and fa-
tigues of the city : here he had built several rooms and
galleries, in imitation of the schools and porticos of
Athens, which he called likewise by their Attic names,
of the Academy and Gyinnasium^ and designed for the
same use of philosophical conferences with his learn-
ed friends. He had given Atticus a general commis-
sion to purchase for him any piece of Grecian art or
sculpture, which was elegant and curious, especially
of the hterary kind, or proper for the furniture of his
* Illara manum tu mihl cura ut piatstes, Pompeii nostri a-nicl.
Nega me ei iratum fore, si ad mea comitia non venerlt. Ibid.
f Qa-fC tlbi mandavi, et qui-^ tti cunveniri intelllges nQstro Tus-
culanc, velim, ut scribis, csires : — nos ex omnibus molestiis et ia«
boribus uno illo in loco conqulescimus. Ibid. 5.
K 4
ISO The LIFE of Segt. II.
academy * ; which Atticus executed to his great sa-
tisfaction, and sent him at diiierent times several car^
goes of statues, which arrived safe at the port of Ca-
jeta, near to his Formian villa f; and pleased him al-
w^ays so well, ^ both in the choice and the price of
them, that, upon the receipt of each parcel, he still
renewed his orders for more.
" I have paid," says he, " a hundred and sixty-four
** pounds, as you ordered, to your agent Cincius, for
*' the Megaric statues. The Mercuries which you
" mentioned, of Pentelician marble, with brazen heads,
" give me already great pleasure : Wherefore I would
" have you send me as many of them as you can, and
" as soon as possible, with any other statues and or-
" naments which you think proper for the place, and
" in my taste, and good enough to please yours ; but,
" above all, such as will suit my gymnasium and por-
" tico ; for I am grown so fond of all things of that
" kind, that, though others probably may blame me,
" yet I depend on you to assist me f .**
Of all the pieces which Atticus sent, he seems to
have been the most pleased with a sort of compound
emblematical figures, representing Mercury and Mi-
nerva, or Mercury and Hercules, jointly upon one
base, called Hermathenas and Hermeraclse : for Her-
cules being the proper Deity of the Gymnasium, Mi-
nerva of the Academy, and Mercury common to both,
they exactly suited the purpose for which he desired
* Quicquid ejusdem generis habebis, dignum Academia quod.
tJbi videbitur, ne dubitaverls mittere, et arcai nostrae confidito.
Ad Att. I. 9. Vid. it. 5, 6, ic.
j- SIgna qua curasti, ea sunt ad Cajetara exposita, lb, 3»
.t Ibid, 8.
Sect. II. CICERO. 151
them *. But he was so intent on embellishing this
Tuscuian villa with all sorts of Grecian work, that he
sent over to Atticus the plans of his ceilings, which
were of stucco-work, in order to bespeak pieces of
sculpture or painting to be inserted in the compart-
ments ; with the covers of two of his wells or foun-
tains, which, according to the custom of those times,
they used to form after some elegant pattern, and a-
dorn with figures in relief f.
Nor was he less eager in making a collection of
Greek books, and forming a library, by the same op-
portunity of Atticus's help. This was Atticus's own
passion, who, having free access to all the libraries of
Athens, was employing his slaves in copying the works
of their best writers, not only for his own use, but for
sale also, and the common profit both of the slave and
the master : for Atticus was remarkable, above all
men of his rank, for a family of learned slaves, having
scarce a foot-boy in his house, who was not trained
* Hermathena tua me valde delectat. lb. i. Quod ad me de
Hermathena sciibis, per mihi gratum est — quod et Hermes com-
mune omnium, et Minerva singulare est insigne ejus gymnasii.
lb. 4. Signa nostra ct Hermeraclas, cum commodissime poteris,
velim impona.s. lb. lo.
The learned generally take these Hermeraclcv and l{2rmathencc
to be nothing more than a tall square pedestal of stone, which was
the emblem of PJercury, with the head of the othrr deity, Mi-
nerva or Hercules, upon it, of which sort there are several still
extant, as we see them described in the books of Antiquities.
But 1 am apt to think, that the heads of both the deities were
sometimes also joined together, upon the same pedestal, looking
different ways, as we see in those antique figures which are now
indiscriminately called Janus'^s,
f Pristerea typos tibi mando, quos in tectorio atrioli possim
includere, et putealia sigilbita duo. ibid.
15a The life or Sect. IL
"both to read and 'Write for him ^. By this advantage
he had made a very large collection of choice and cu-
xious books, and signified to Cicero his design of sel-
ling them ; yet seems to have intimated vi^ithal, that
he expected a larger sum for them than Cicero would
easily spare : which gave occasion to Cicero to beg of
him, in several letters, to reserve the whole number
for him, till he could raise money enough for the pur-
chase.
" Pray keep your books," says he, " for me, and do
" not despair of my being able to make them mine ;
** which, if I can compass, I shall think myself richer
" than Crassus, and despise the fine villas and gardens
" of them all f ." Again : " Take care that you do
" not part with your library to any man, how eager
" soever he may be to buy it ; for I am setting apart
" all my little rents to purchase that rehef for my old
*' age J." In a third letter, he says, " That he had
" placed all his hopes of comfort and pleasure, when-
*' ever he should retire from business, on Atticus's re-
*' serving these books for him §."
But to return to the affairs of the city. Cicero was
now engaged in the defence of C. Cornelius, v/ho was
* In ea erant pueri llteratissimi, anagnostae optlmi. et plurimi
jibrarii ; ut ne pedissequus ouidera quisquam esset, qui non utrum-
qoe horum pulchre facere posset. Corn. Nep. in vita Attici 13.
■f Libros tuos conserva, et noli desperare, eos me meos facere
posse : quod si assequor, supero Crassum divitiis, atque omnium
vicos et prata contemno. Ad Attic, i. 4.
X Bibliothecam tuam cave cuiquam despondeas, quamvis acrem
amatorem inveneris. Ibid. 10.
§ Velim cogites, id quod mihi poUicitus es, quemadirjodum bi-
bliothecam nobis conficere possis. Omnem spem delcctationis
postrce, quam cum in otium venerimus, habere voluraus, in tu^
Lumanitate positam habemus. Ibid. 7.
Sect. IL CICERO.
^53
accused and tried for practices against the state in his
late triumvirate, before the praetor Q^ Gallius. This
trial, which lasted four days, was one of the most im-
portant in which he had ever been concerned : the
two consuls presided in it ; and all the chiefs of the
senate, (^ Catullus, L. LucuUus, Hortensius, &c. ap-
peared as witnesses against the criminal * ; — " whor^
" Cicero defended," as Quintilian says, *' not only
" with strong, but shining arms, and with a force of e-
*' loquence that drew acclamations from the people f ."
He pubhshed two orations spoken in this cause, whose
loss is a pubhc detriment to the literary world, since
they were reckoned among the most finished of his
compositions : he himself refers to them as such J ;
and the old critics have drawn many examples from
them of that genuine eloquence, which extorts ap-
plause and excites admiration.
C. Papius, one of the tribunes, published a law this
year, to oblige all strangers to quit the city, as one of
his predecessors, Pennius, had done likewise, many
years before him. The reason which they alleged for
it, was the confusion occasioned by the multitude and
insolence of foreigners, who assumed the habit and u-
surped the rights of citizens : but Cicero condemns
all these laws as cruel and inhospitable, and a viola-
tion of the laws of nature and humanity ^.
* Ascon. Argum.
f Nee fortibus roodo, sed etiam fulgentibus prsellatus est Ci-
cero in causa Cornelii. Lib. 8. 3.
X Orator. 67, 70.
J Usu vero urbis prohibere peregrinas sane inliumanum est.
Be Offic. 3. II,
154 The LIFE of Sect, II,
Catiline was now brought to a trial for his oppres-
sion in Afric : he had been sohciting Cicero to under-
take his defence ; who, at one time, was much inchn-
ed, or determined rather to do it, for the sake of o-
bhging the nobles, especially Gtesar and Crassus, or of
making Catihne at least his friend, as he signifies in a
letter to Atticus : " I design," says he, " at present,
'• to defend my competitor Catiline : We have judges
" to our mind, yet such as the accuser himself is pleas-
" ed with : I hope, if he be acquitted, that he will be
*' the more ready to serve me in our common peti-
^' tion ; but, if it fall out otherwise, I shall bear it with
^' patience. It is of great importance to me to have
" you here as soon as possible : for there is a general
^ persuasion, that certain nobles of your acquaintance
" will be against me ; and you, I know, could be of
" the greatest service in gaining them over *." But
Cicero changed his mind, and did not defend him f ;
upon a nearer view, perhaps, of his designs and trai-
terous practices ; to which he seems to allude, when
describing the art and dissimulation of Catiline, he de-
clares, " that he himself was once almost deceived by
** him, so as to take him for a good citizen, a lover of
*^' honest men, a firm and faithful friend J," &c. But
it is not strange, that a candidate for the consulship,
in the career of his ambition, should think of defend-
ing a man of the first rank and interest in the city,
when all the consular senators, and even the consul
* Ad Attic. I, 2. f Ascon. in Tog. candid.
J Meipsum, me, inquam, quondam ille pstne decepit, cum et ci-
vis mihi bonus, et optimi cujusque cupidus, et firmus amicus et fi~
delis videretur. Pro Cailio, 6.
Sect. II. CICERO. i«
himself, Torquatus, appeared with him at the trial,
and gave testimony in his favour. Whom Cicero ex-
cused, when they were afterwards reproached with it,
by observing, *' that they had no notion of his trea-
" sons, nor suspicion at that time of his conspiracy ;
" but, out of mere humanity and compassion, defend-
" ed a friend in distress, and, in that crisis of his dan-
" ger, overlooked the infamy of his life "*."
His prosecutor was P. Clodius, a young nobleman
as profligate as himself; so that it was not difficult to
make up matters Vvdth such an accuser, who, for a sum
of money, agreed to betray the cause, and suffer him
to escape f : which gave occasion to what Cicero said
afterwards, in a speech against him in the senate,
while they were suing together for the consulship : —
" Wretch ! not to see that thou art not acquitted, but
*' reserved only to a severer trial, and heavier punish-
" ment :}:.'* It was in this year, as Cicero tells us, un-
der the consuls Cotta and Torquatus, that those pro-
digies happened, which were interpreted to portend
the great dangers and plots that were now hatching
against the state, and broke out two years after, in Ci-
cero's consulship ; when the turrets of the Capitol, the
statues of the gods, and the brazen image of the infant
* Accusati sunt uno nomine Consulares — affuerunt Catilina*,
eumque laudarunt. Nulla turn patebat, nulla erat cognita conju-
ratio, &.C. Pro Syll. 29.
f A Catllina pecuniam accepit, ut turpissime prcevaricaretur.
De Harusp. resp. 20.
t O miser, qui non sentlas illo judicio te non absolutum, verum
ad -aliquod severius judicium, ac majus supplicium rieservatum,
Orat. in Tog. cand.
15^ The LIFE of Sect. IL
Romulus sucking the wolf, were struck down by
lightning *.
Cicero being now in his forty-third year, the proper
tige required by law f , declared himself a candidate
for the consulship, along with six competitors, P. Sul-
picius Galba, L. Sergius Catilina, C. Antonius, L.
Cassius Longinus, Q^Cornificius, C. Licinius Sacerdos.
The two first were patricians, the two next plebeians,
yet noble ; the two last, the sons of fathers who had
first imported the public honours into their families :
Cicero was the only new man among them, or one
* Tactus est ille etiam, qui hanc urbem condidit, Romulus :
quern inauratum in Capitolio parvum atque lactantem, uberibus lu-
pinis inliiantem fuisse meministis. In Catil. 3. 8.
This same figure, as it is generally thought, formed in brass, of
the infants Romulus and R.emus sucking the wolf, is still preserv-
ed and shewn in the Capitol, with the marks of a liquefaction by a
stroke of lightning on one of the legs of the w^olf. Cicero himself
has described the prodigy in the following lines :
Hie silvestris erat Romani nominis altrix
Martia j quse parvos Mavortis semine natos
Uberibus gravidis vitali rore rigabat.
Quse turn cum pueris fiammato fulminis ictu
Concidit, atque avulsa pedum vestigia liquit,
De Divlnat. i. 12.
It was the same statue, most probably, whence Virgil drew his
elegant description : —
— Geminos hulc ubera circum
Ludere pendentes pueros, et lambere matreiti
Impavidos. lilam tereti cervice reflexam
Mulcere alternos, et corpora fingere lingua.
iEneid. 8. 63 1.
The martial twins beneath their mother lay,
And, hanging on her dugs, with wanton play
Securely suck'd : whilst she reclin'd her head
To lick their tender limbs, and form them as they fed.
f Nonne tertio et tricesimo anno mortem obiit ? quae est aetas,
nostris legibus, decern annis minor, quam consularis, Philip. 5. 17.
Sect.H. • CICERO. 157
born of equestrian rank ^. Galba and Cornificius were
persons of great virtue and merit ; Sacerdos, without
any particular blemish upon him ; Cassius, lazy and
weak, but not thought so wicked as he soon after ap-
peared to be ; Antonius and Catiline, though infamous
in their lives and characters, yet, by intrigue and fac-
tion, had acquired a powerful interest in the city, and
joined all their forces against Cicero, as their most for-
midable antagonist, in which they were vigorously
supported by Crassus and Caesar f .
This was the state of the competition ; in which the
practice of bribing was carried on so openly and
shamefully by Antonius and Catiline, that the senate
thought it necessary to give some check to it by a new
and more rigorous law ; but when they were proceed-
ing to publish it, L. Mucins Orestinus, one of the tri-
bunes, put his negative upon them. This tribune had
been Cicero's client, and defended by him in an im-
peachment of plunder and robbery ; but, having now
* The distmction of Patrician, Plebeian, and Noble, may want
a little explication. — The title of Patrician belonged only, in a pro-
per sense, to those families of which the senate was composed in the
earliest times, either of the kings, or the first consuls, before the
commons had obtained a promiscuous admission to the public ho-
nours, and by that means into the senate. All other families, how
considerable soever, were constantly stiled Plebeian^ Patrician^
then, and Plebeian are properly opposed to each other j but 'Nfjbla
common to them both : for the character cf nobility v.as wholly
derived from the Curule Magistracies which any family had born ^
and those v^hich could boast of the greatest number were always
accounted the Noblest ; so that many Plebeians surpassed the Pa-
tricians themselves in the point cf Nobility. Vid. Ascon. argum.
in Tog. cand.
f Catilina et Antonius, quanquam omnibus maxime infamis co-
rum vita esset, tameti multum poterant. Coierant enim ambo, ut
Ciceronem consulatu dejicerent, adjutorlbus usi firmissimis, I\i.
Crasso et C. Cicsare. Ascon. arguni. in Tog. cand.
!t58 The LIFE df • Sect. IL
sold himself to his enemies, made it the subject of all .
his harangues to ridicule his birth and character, as
unworthy of the consulship : In the debate therefore
which arose in the senate, upon the merit of his nega-
tive, Cicero, provoked to find so desperate a confe-
deracy against him, rose up, and, after some raillery
and expostulation with Mucins, m.ade a most severe
invective on the flagitious lives and practices of his
two competitors, in a speech usually called iii Toga
Candida, because it v/as delivered in a white gown,
the proper habit of all candidates, and from which the
name itself was derived ^,
Though he had now business enough upon his
hands to engage his whole attention, yet we find him
employed in the defence of (^ Gallius, the praetor of
the last year, accused of corrupt practices in procur-
ing that magistracy. Gallius, it seems, when chosen
^dile, had disgusted the people by not providing any
wild beasts for their entertainment in his public shows ;
so that, to put them in good humour when he stood
for the praetorship, he entertained them with gladia-
tors, on pretence of giving them in honour of his de-
ceased father f . This was his crime, of which he
was accused by M. Callidius, whose father had been
impeached before by Gallius. Callidius was one of
the most eloquent and accurate speakers of his time,
of an easy, flowing, copious stile, always delighting,
though seldom warming his audience ; which was
the only thing wanting to make him a complete ora-
tor. Besides the public crime just mentioned, he
* Ibid. f Ascon. not. ibid*
SIect. 11 CICERO: 159
charged Gallius with a private one against himself, ^
design to poison him ; of which he pretended to have
manifest proofs, as well from the testimony of wit-
nesses, as of his own hand and letters : but he told
his story with so much temper and indolence, that
Cicero, from his coldness in opening a fact so interest-
ing, and where his life had been attempted, formed
an argument to prove that it could not be true,
" How is it possible," says he, " Callidius, for you to
" plead in such a manfier, if you did not knoW the
" thing to be forged ? Kovv could you, who act with
" such force of eloquence in other men's dangers, be
" so indolent in your own ? Where was that grief,
" that ardour, which was to extort cries and lamenta-
" tions from the most stupid?. We saw no emotion
" of your mind, none of your body ; no striking your
*' forehead, or your thigh ; ho stamping with your
" foot : so that, instead of feeling ourselves inflamed,
*' we could hardly forbear sleeping, while you were
" urging all that part of your charge *." Cicero's
speech is lost, but Gallius was acquitted ; for we find
him afterwards revencrino: hirnself in the same kind
on this very Callidius, by. accusing him of bribery in
his suit for the consulship f .
J. Caesar was one of the assistant judges this year
to the praetor, whose province it was to sit upon the
Sicarii, that is, thos;e \vho were accused of killing, or
Carrying a dagger with mtent to kill. This gave him
an opportunity of citing before him as criminals, and
condemning by the law of assassination, all those who
* Brutus, p. Jo, 2, ^. f Epist. fam. 8. A.
YoL, I. ' ^ L'
ii6o The life of Sect. Ef.
in Sylla's proscription had been known to kill, or re-
ceive money for killing, a proscribed citizen ; which
money Cato also, when he was quaestor the year be-
fore, had made them refund to the treasury *. C ve-
lar's view was, to mortify the senate and ingratiate
himself with the people, by reviving the Marian cause,
which had always been popular, and of which he was
naturally the head, on account of his near relation to
old Marius : for which purpose he had the hardiness
likewise to replace in the Capftol the trophies and sta-
tues of Marius, which Sylla had ordered to be thrown:
down and broken to pieces f . But while he was pro-
secuting with such severity the agents of Sylla's cru-
elty, he not only spared, but favoured Catiline, who
was one of the most cruel in spilling the blood of the
proscribed ; having butchered with his own hands,
and in a manner the most brutal, C. Marius Gratidi-
anus, a favourite of the people, nearly related both to
Marius and Cicero ; whose head he carried in triumph
through the streets to make a present of it to Sylla J.
But Caesar's zeal provoked L. PauUus to bring Cati-
line also under the lash of the same law, and to ac-
cuse him in form, after his repulse from the consul-
ship, of the murder of many citizens in Sylla's pro-
* Plutarcli. in Cato, Sueton. J. Cees. ii.
f Quorum auc'coritatem, ut, quibus posset modis, .dimlnueret,
ttophcea C. Maril — a Sylla olim disjecta, restituit. Suet. ib.
X Qui hominem carissimum populo Romano — omni cruciatu vir-
vum lacerarit j staati colbim gjadio sua dextera secuerit j cum si-
nistra capillum ejus a vertice teneret, &c. Vid. de petitione Con-
surat. 3.
Quod caput etiam turn plenum animae & spiritus, ad Syllam^
usque janiculo ad a;dcm Apoilbiis, manibus ipse suis detulit.- lu.
Tog. cand.
Sect. IL CICERO. i6t
scription : of which, though he was notoriously guilty,
yet, contrary to all expectation, he was acquitted *.
Catiline was suspected also at the same time of an-
other heinous and capital crime, an incestuous com-
merce with Fabia, one of the vestal virgins, and sister
to Cicero's wife. This was charged upon him so
loudly by common fame, and gave such scandal to
the city, that Fabia w^as brought to a trial for it ; but,
either through her innocence, or the authority of her
brother Cicero, she was readily acquitted : which gave
occasion to Cicero to tell him, among the other re-
proaches on his 'flagitious life, that there was no place
so sacred, w^hither his very visits did not carry pollu-
tion, and leave the imputation of guilt, where there
was no crime subsisting f .
As the election of consuls approached, Cicero's in-
terest appeared to be superior to that of all the can-
didates ; for the nobles themselves, though always en-
vious and desirous to depress him, yet, out of regard
to the dangers which threatened the city from many
quarters, and seemed ready to burst out into a flame,
began to think him the only man qualified to preserve
the Republic, and break the cabals of the desperate,
by the vigour and prudence of his administration :
for, in cases of danger, as Sallust observes, pride and
envy naturally subside, and yield the post of honour
* Bis absolutum Catillnam. Ad. Att. i. i6. Sallust. 31. Dio,
1- 56. p. 34-
f Cum ita vixisti, ut non esset locus tarn sanctus, quo non acU
ventus tuus, etiam cum culpa nulla subesset, crimen afterret. O •■
rat. in Tog. cand. Vid. Ascon. ad. locum.
L2
i&z The LIFE OF Sect. 15.
to virtue ^. The method of chooshig consuls was not
by an open vote, but by a kind of ballot, or little
tickets of wood, distributed to tl)e citizens with the
names of the candidates severally inscribed upon each :
but in Cicero's case the people were not content with
this secret and silent way of testifying their inclinations;
but, before they came to any scrutiny, loudly and uni-
versally proclaimed Cicero the first Consul ;. so that,
as he himself declared in his speech to them after his
election, he wa-s not chosen b^ the votes of particular
citizens, but the common suffrages of the city ; nor
declared by the voice of the crier, but of the whole
Roman' people f . He was the only ?iew man who
had obtained this sovereign dignity, or, as he expresses
it, had forced the intrenchments of the nobility, for
forty years past, from the first consulship of C. Ma-
r'ms ; and the only one likev/ise who had ever obtained
it in his proper year, or without a repulse J. Anto-
nius was chosen his colleague by the majority of a
few centuries above his friend and partner Catiline ;
* Sed ubi perlculum advenit, mvidia atque superbia post fuere.
Sail. 23.
f Sed tamen magiiificentius esse illo nihil potest, quod meis co-
mitiis non tabellam vindicem tacitse libertatis, sed vocem vivam.
prve vobis indicem vestrarum erga me voluntatum tuHstis.— Itaque
me noti extrema tribus suffragiorum, sed primi illi vestri concursus,
neque singular voces prttconum, sed una voce universus populus
Romanus consulem declaravit. De leg. Agrar. con. RulL 2. 2.
in Pison. i.
X Eum locum, quem nobilitas prcesidiis firmatum, atque omni
ratione obvallatum tenebat, me duce rescidistis— Me esse unum^
ex omnibus novis hominibus, de quibus meminisse possumus, qui
consulatum petierim, cum primum licitum sit j consul factus sini,,
cum primum petierim. De leg. Agrar. lib. i. i-
tSect. IL CICERO. 165
which was effected probably by Cicero's management,
who considered him as the less dangerous and more
Tractable of the two.
Cicero's father died this year on the twenty-fourth
of November *, in a good old age, with the comfort
to have seen his son advanced to the supreme honour
of the city, and wanted nothing to complete the hap-
piness of his life, but the addition of one year more,-
to have made him a witness to the glory. of his consuls
ship. It was in this year also most probably, though
some critics seem to dispute it, that Cicero gave his^
daughter Tuliia in marriage at the age of thirteen to
C. Piso Frugi, a young nobleman of great hopes, and
one of the best families in Romef : it is certain at
least, that his son was born in this same year, as' he
expressly tells us, in the consulship of L. Julius Cse--
sar and C. Marcius Figulus J. So that with the high-
est honour which the public could bestow, he receiv-
ed the highest pleasure which private life ordinarily
admits, by the birth of a son and heir to his famih.
* Pater nobis decessit ad diem viii. Kal. Dec^mb. Ad Att. i. 6.
j- Tulliolam C. Pisoni, L. F. Frugi despondimus. lb. 3. Is.
.Casaubon, rather than give up an hypothesis which he had formed'
about the earlier date of this letter, will hardly allow that Tuliia
\^as marriageable at this time, though Cicero himself expressly
Aleclares it. Vid. not. varior. in locum.
:|: L. Julio Ca;sare et C. Marcio Figulo Cess, fillolo me auctunj
ii^c.ito, salva Terentia. Ad Attic, i. 2.
1^3
164 Tke I.IFE OF ' SKcr.lII.
SECTION III.
SZ
vUiCERO was now arrived through the usual gradation
of honours, at the highest which the people could re-
gularly give, or an honest citizen desire. The offices
which he had already borne, had but a partial juris-
diction, confined to particular branches of the govern-
ment ; but the Consuls held the reins, and directed
the whole machine with an authority as extensive as
the empire itself*. The subordinate magistracies,
therefore, being the steps only to this sovereign dig-
nity, were not valued so much for thek own sake, as
for bringing the candidates still nearer to the princi^
pal object of their hopes, who through this course of
their ambition w^ere forced to practise all the arts of
popidarity ; to court the little as well as the great, to
espouse the principles and politics in vogue, and to
apply their talents to concihate friends, rather than
to serve the pubhc f . But the consulship put an end
to this subjection, and with the command of the state
gave them the command of themselves ; so that the
* Omnes enlm in consalis jure et impei io debent esse provincial.
Philip. 4. 4. Tu summum imperium — gubernacula Reip — orbis
terrarum imperium a pop. Romano petebas. Pro Mur. 35.
\ jam urbanara multitudinem, et eorum studia, qui conciones
tenent, adeptus es, in Pompeio orando, Manilii causa recipienda,
Cornelio defendendo, &c.— Nee tamen in petendo Respub. capes-
t.cnda est, neque in senatu, neque in concione : sed hsec tibi reti-
pcnda, 6ic. pe pctitione Consulat, 13.^
Sect. IIL -CICERO- 165
only care left was, how to execute fiiis mgh office
with credit and dignity, and employ the power en-
trusted to them for the benefit and service of their
country.
We are now therefore to look upon Cicero in a
different light, in order to form a just idea of his cha-
racter : to consider him, not as an- ambitious courtier,
applying all his thoughts and pains to his own ad-
vancement ; but as a great magistrate and statesman,
administering the affairs and directing the councils of
a mighty empire : And, according to the accounts of
all the ancient writers, Rome never stood in greater
need of the skill and vigilance of an able consul than
in this very year. For, besides the traiterous cabals
and conspiracies of those who were attempting to sub-
vert the whole republic, the new tribunes were also
labouring to disturb the present quiet of it ; some of
them were publishing laws to abolish every thing that
remained of Sylla's establishment, and to restore the
sons of the proscribed to their estates and honours ; o-
thers to reverse the punishment of P. Sylla and Au-
tronius, " condemned for bribery,, and replace them
" in the senate * :" some were for expunging all
debts, and others " for dividing the lands of the pu-
^* blic to the poorer citizens f :" so that, as Cicero de-
clared both to the senate and the people, " the repu-
" blic was delivered into his hands full of terrors and
" alarms : distracted by pestilent laws and seditious
" harangues ; endangered not by foreign wars, but
*' intestine evils, and the traiterous designs of prolii-
* Pro Svlla, 22. 23. f I^io, 1^ 37- P- ^4-
L4
i66 The LIFE of Sect. HL
*^ gate citizens ; and that there was no mischief inci-
" dent to a state which the honest had not cause to
" apprehend, the wicked to expect *.-'
What gave the greater spirit to the authors of these
rittempts, was Antonius's advancement to the consul-
ship : they knew him to be of the same principles, and
embarked in the same designs with themselves, which
by his authority they now hoped to carry into effect.
Cicero was aware of this ; and foresaw the mischief of
a colleague equal to him in power, yet opposite in
views, and prepared to frustrate all his endeavours for
the public service : so that his first care, after their e-
lection, was to gain the confidence of Antonius, and to
draw him from his old engagements to the interests of
the republic ; being convinced that all the success of
his administration depended upon it. He began there-
fore to tempt him by a kind of argument which sel-
dom fails of its effect with men of his character, the
offer of power to his ambition, and of money to his
pleasures : with these baits he caught him ; and a bar-
gain was presently agreed upon between them, that
Antonius should have the choice of the best province
which was to be assigned to them at the expiration of
their year f . It was the custom for the senate to ap-
point what particular provinces were to be distributed
every year to the several magistrates, who used after-
wards to cast lots for them among themselves ; the
praetors for the praetorian, the consuls for the consular
provinces. In this partition, therefore, when Macedo-
* De leg. Agrar. cont. Rull. i. 8. 9.: 2. 3.
f Collegam suum Antoniuin pactione provincite pepulerat, nc
contra Rempublicam dissentiret. S?.ll. bell. Cat. 26.
Sect. III. CICERa 1 67
ma, one of the most desirable governments of the em.-
pire, both for command and wealth, fell to Cicero's lot,
he exchanged it immediately with his colleague for
Cisalpine Gaul, which he resigned also soon after in favour
of Q^ Metellus ; being resolved, as he declared in his
inauguration-speech, to administer the consulship in
such a manner, " as to put it out of any man's power
*' either to tempt or terrify him from his duty : since
" he neither sought, nor would accept any province,
" honour,- or benefit from it whatsoever ; the only
" way," says he, " by which a man can discharge it
" with gravity and freedom ; so as to chastise those
" tribunes who wish ill to the republic, or despise
" those who wish ill to himself * :" a noble declar-
ation, and worthy to be transmitted to posterity for an
example to all magistrates in a free state. By this ad-
dress he entirely drew Antonius into his measures, and
had him ever after obsequious to his will f ; or, as he
himself expresses it, by his patience and complaisance
he softened and calmed him, eagerly desirous of a pro-
vince, and projecting many things against the state J.
The establishment of this concord between them was'
thought to be of such importance to the pubHc quiet,
that, in his first speech to the people, he declared it to
them from the rostra, as an event the most likely to
curb the insolence of the factious, and raise the spirits
* Cum mihi deliberatum & constitutum fit, ita gerere consula-
tum, quo uno modo geri gravlter & libere potest, ut neque provin-
ciam, neque honorem, neque ornamentum aliquod, aut commodum —
appetiturus sim. — Sic me geram, ut possim tribunum pleb. Reipub*
iratum coercere, mihi iratum contemnere. Contra Rull. i. 8.
f PlutarcVi in his life.
I In Pison. 2.
168 The LIFE of Sect. III.
of the honest, and prevent the dangers with which the
city was then threatened f .
There was another project hkewise which he had
much at heart, and made one of the capital points of
his administration, to unite the Equestrian order with
the senate into one common party and interest. This
body of men, next to the senators, consisted of the
richest and most splendid families of Rome, who from
the ease and affluence of their fortunes were naturally
well affected to the prosperity of the republic ; and be-
ing also the constant farmers of all the revenues of the
empire, had a great part of the inferior people depen-
dent upon them. Cicero imagined, that the united
weight of these two orders would always be an over-
balance to any other power in the state, and a secure
barrier against any attempts of the popular and ambi-
tious upon the common liberty J. He was the only
man in the city capable of effecting such a coalition,
being now at the head of the senate, yet the darUng
of the knights : who considered him as the pride and
ornament of their order, whilst he, to mgratiate him-
self the more with them, affected always in public to
boast of that extraction, and to call himself an Eques-
trian ; and made it his special care to protect them in
all their affairs, and to advance their credit and inter-
f Quod ego & Concordia, quam mihi constitui cum coUega, In-
vitissimis iis hominibus, quos in consulatu inimicos esse &. animis
& corporis actibus providi, omnibus prospexi sane, &.c. Con. Rull.
^ Ut multitudinem cum principibus, Equestrem ordniem cum
senatu conjunxerim. In Pison. 3. Neque ulla vis tanta reperietur,
qune conjunctionem vestram, Equitumque Romanorum, tantaraque
conspirationem bonoriun omnium perfiingerepossit. In Catil. 4. lOo.
Sect. III. CICERO. i6^
est : so that, as some writers tell us, it was the authori-
ty of his consulship that first distinguished and esta-
bhshed them into a third order of the state "^. The
policy was certainly very good, and the republic reaped,
great benefit from it in this very year, through which
he had the whole body of knights at his devotion, who,
with Atticus at their head, constantly attended his or-
ders, and served as a guard to his person f : and if the
same maxim had been puirsued by all succeeding con-
suls, it might probably have preserved, or would cer-
tainly at least have prolonged, the liberty of the re-,
public.
Having laid this foundation for the laudable dis-
charge of his consulship, he took possession of it, as
usual, on the first of January, A. U. 689. A little before
his inauguration, P. Servilius RuUus, one of the new
tribunes, who entered always into their office on the
tenth of December, had been alarming the senate with
the promulgation of an Agrarian law. These laws,
used to be greedily received by the populace, and were
proposed therefore by factious niagistrates, as oft as
they had any point to carry w^ith the multitude against
the public good : but this law was of all others the
most extravagant, and, by a shew of granting more to
the people than had ever been given before, seemed
* Cicero demum stabilivit Equestre nomen in consulatu siio j ei
senatum concilians, ex eo se ordine profectum celebraris, &. ejus vi^
res peculiari popularitate quserens : ab illo tempore plane hoc terti-
um corpus in Repub. factum est, coepitque adjici senatui populoque
Romano Equester ordo. Plin. Hist. N. 1. ^^. 2.
f Vos, Equites Romani, videte, scitis me ortum e vobis, omnia
semper sensisse pro vobis, &c. Pro Rabir. Post. 6. Nunc vero cum
equitatus ille, quern ego in Clivo Capitolino, te signifero ac princv
,pe, ccllocr.rarn, senatum deseruerit. Ad Att. 2. I.
57© The LIFE of Sect. TIL
;Ekely to be accepted. The purpose of it was., " to
" create a decemvirate, or ten conrinissipners, with ab-
" solute power for five years over all the revenues of
■^ the repubhc ; to distribute them at pleasure to the
" citizens; to sell and buy what lands they thought
** fit ; to determine the rights of the present posses-
** sors ; to require an account from all the Generals a-
^ broad, excepting Pompey, of the spoils taken in their
*' wars ; to settle colonies wheresoever they judged
" proper, and particularly at Capua ; and in short, to
*^ command all the money and forces of the empire."
The publication of a law, conferring powers so ex-
cessive, gave a just alarm to all who wished well to the
public tranquillity : so that Cicero's first business was
to quiet the apprehensions of the city, and to exert all
his art and authority to baffle the intrigues of the tri-
bune. As soon therefore as he was invested with his
new dignity, he raised the spirits of the senate, by as-
suring them of his resolution to oppose the law, and
all its abettors, to the utmost pf his power ; nor suffer
the state to be hurt, or its liberties to be impaired,
while the administration continued in his hands. From
\the senate he pursued the tribune into his own domi-
nion, the forumi; where, in an artful and elegant speech
from the rostra, he gave such a turn to the inclination
of the people, that they rejected this Agrarian law with
as much eagerness, as they had ever before received
' one *.
* Quis unquam tarn secunda condone legem Agrariam suasit,
i^uam ego dlssuasi ? Contra RuUum, 2. 37.
Sect.IIL CICERO. 172
He began, " by acknowledging the extraordinary
" obligations which he had received from them, in pre«
" ference and opposition to the nobihty, declaring him-
*' self the creature of their power, and of all men the
*' most engaged to promote their interests ; that they
*' were to look upon him as the truly popular magi-
" strate ; nay, that he had declared even in the senate,
" that he would be the people's consul f." He then
fell into a commendation of the Gracchi, whose name
was extremely dear to them, professing, " that he
" could not be against all Agrarian laws, when he re-
" collected, that those two most excellent men, who
*' had the greatest love for the Roman people, had di-
" vided the pubhc lands to the citizens ; that he was
" not one of those consuls who thought it a crime to
" praise the Gracchi, on whose councils, wisdom, laws,
" many parts of the present government were found-
*' ed * : that his quarrel was to this particular law,
" which, instead of being popular, or adapted to the
" true interests of the city, was in reality the etablish-
" ment of a tyranny, and a creation of ten kings to
" domineer over them." This he displays at large,
from the natural effect of that power which was grant-
ed by it f ; and proceeds to insinuate, that it was co-
vertly levelled against their favourite Pompey, and
particularly contrived to retrench and insult his au-
thority : " Forgive me, citizens," says he, " for my
*' calling so often upon so great a name : you your-
" selves imposed the task upon me, when I was pixe-
*' tor, to join with you in defending his dignity, as far
f Ibid. 3. X lb. 5. * lb. 6. Ti, 13, 14.
\'1iL The life of Sect. Ill,
" as I was able : I have hitherto done all that I could
" do ; not moved to it by my private friendship for
*' the man, nor by any hopes of honour, and of this
" supreme magistracy, which I obtained from you,
" though with his approbation, yet without his help.
" Since then I perceive this law to be designed as a
" kind of engine to overturn his power, I will resist
" the attempts of these men ; and as I myself clearly
" see what they are aiming at, so I will take care that
" you also shall see, and be convinced of it too :f ."
He then shews, *' how the law, though it excepted
*' Pompey from being accountable to the Decemvi-
*' rate, yet excluded him from being one of the num-
" ber, by limiting the choice to those who were pre-
** s'eht at Rome ; that it subjected likewise to their
" jurisdiction the countries just conquered by him,
" which had always been left to the management of
" the general * : upon which he draws a pleasant pic-
" ture of the tribune Rullus, with all his train of offi-
" cers, guards, lictors, and apparators f , swaggering in
" Mithridates's kingdom, and ordering Pompey to
" attend him by a mandatory letter, in the following
" strain :
" P. Servilius Rullus, tribune of the people, De-
" cemvir, to Cnaeus Pompey, the son of Cuceus, greet-
" rng.
" He will not add," says he, " the. title of Great,
" when he has been labouring to take it from him by
" law xr
X Ibid. 18. * lb. 19. f lb. 13. X lb. 20.
Uect. m. CICERO. 17
" I require you not to fail to come presently to Si-
" nope, and bring me a sufficient guard with you,
" while I sell those lands by my law, which you have
" gained by your valour."
He observes, " that the reason of excepting Pom-
** pey was not from any respect to him, but for fear
" that he would hot submit to the indignity of being
*^ accountable to their will : but Pompey, says he, is
''- a man of that temper, that he thinks it his duty to
" bear whatever you please to impose ; but if there be
*' any thing which you cannot bear yourselves, he will
" take care that you shall not bear it long against
*' your wills *." He proceeds to enlarge upon " the
** dangers which this law threatened to their liber-
** ties : that, instead of any good intended by it to the
" body of the citizens, its purpose was to erect a power
*' for the oppression of them ; and, on pretence of
" planting colonies in Italy, and the provinces, to
** settle their own creatures and dependents, hke so
" many garrisons, in all the convenient posts of the
" empire, to be ready on all occasions to support their
" tyranny : that Capua was to be their head quarters^
*' their favourite colony ; of all cities the proudest, as
" well as the most .hostile and dangerous, in which the
" wisdom of their ancestors would not suffer the sha-
" dow of any power or magistracy to remain ; yet now
" it was to be cherished and advanced to another
" Rome f : that by this law the lands of Campania
" were to be sold or given away, the most fruitful of
" all Italy, the surest revenue of the republic, and
* Ibid. 23. I lb. 28, 32,
i74 Tke LIFE OF Srcx, IIL
•' their constant resource, when all other rents failed
'' them, which neither the Gracchi, who of all men
" studied the people's benefit the most, nor Sylla, who
" gave every thing away without scruple, durst ven-
" ture to meddle with %,'' In the conclusion, he
takes notice of " the great favour and approbation
" with which they had heard him, as a sure omen of
" their common peace and prosperity; and acquaints
" them with the concord that he had established with
" his colleague, as a piece of news of all others the
" most agreeable, and promises all security to the re-
" public, if they would but shew the same good dis-
" position on future occasions, which they had signi-
" fied on that day ; and that he would make those
*' very men, who had been the most envious and a-
" verse to his advancement, .confess, that the people
*' had seen farther, and judged better than they, in
•* chusing him for their consul.'
In the course of this contest he often called upon
the tribunes to come into the rostra, and debate the
matter with him before the people * ; but they
thought it more prudent to decline the challenge,
and to attack him rather by fictitious stories and ca-
lumnies, sedulously inculcated into the multitude :
** That his opposition to the law flowed from no good
" will to them, but an affection to Sylla's party, and
" to secure to them the lands which they possessed
t Ibid. 29.
* Si vestrum commodum spectat, veniat et coram mecum de
agri Campani divisione disputet. Con. Rull. 2. 28. Commodiu:?
fecissent tribuni plebis, Quirites, si, quae apud vos de me deferunt^
e a coram potius me praesente dixessent. Con. Rull. 3. i.
Sect. lit, CICERO. frft
t7
J
" by his grant ; that he was making his court by it to
" the seven tyrants, as they called seven of the priri-
" cipal senators, who were known to be the greatest
" favourers of Sylla's cause, and the greatest gainers
*' by it, the two Luculluses, Crassus, Catulus, Horten-
" sius, Metellus, Phihppus." These insinuations made
so great an impression on the city, that he found it
necessary to defend himself against them in a second
speech to the people *, in which he declared, " That
" he looked upon that law which ratified all Sylla's
" acts, to be of all laws the most v/icked and the most
" unUke to a true law, as it estabhshed a tyranny in
** the city ; yet that it had some excuse from the
" times, and, in their present circumstances, seemed
" proper to be supported, especially by him, who, for
" this year of his consulship, professed himself the pa-
" tron of peace f ; but that it was the height of im-
" pudence in RuUus, to charge him with obstructing
" their interests, for the sake of Sylla's grants, when
" the very law which that tribune was then urging,
" actually established and perpetuated those grants ;
" and shewed itself to be drawn by a son-in-law of
" Valgius, who possessed more lands than any other
" man, by that invidious tenure, v/hich were all by
" this law to be partly confirmed, and partly purchas-
" ed. of him J." This he demonstrates from the ex-
press words of the law, " which he had studiously o-
*' mitted, he says, to take notice of before, that he
" might not revive old quarrels, or move any argu-
** ment of new dissension, in a season so improper § :
Vol. I. M
* Ibid. f lb. 3. 2. t lb. 3. I, 4. § lb. 3. 2.
176 The LIFE of Sect. IIL
" that RuUus, therefore, who accused him of defend-
" ing Sylla's acts, was of all others the most impudent
" defender of them : for none had ever affirmed them
" to be good and legal, but to have some plea only
" from possession, and the public quiet ; but by this
" law the estates that had been granted by them were
" to be fixed upon a better foundation and title than
" any other estates whatsoever." He concludes, " by
*' renewing his cliallenge to the tribunes to come and
" dispute with him to his face." But, after several
fruitless attempts, finding themselves wholly unable
to contend with him, they were forced at last to sub-
mit, and to let the affair drop, to the great joy of the-
senate.
This alarm being over, another accident broke out,
which might have endangered the peace of the city,
if the effects of it had not been prevented by the au-
thority of Cicero. Otho's law, mentioned above, for
the assignment of separate seats to the equestrian or-
der, had highly offended the people, who could not
digest the indignity of being thrust so far back from
their diversions ; and while the grudge was still fresh,
Otho happening to come into the theatre, w^as receiv-
ed by the populace with an universal hiss, but by the
knights with loud applause and clapping : both sides
redoubled their clamour with great fierceness, and
from reproaches were proceeding to blows, till Cicero,
informed of the tumult, came immediately to the
theatre, and calling the people out into the temple of
Bellona, so tamed and stung them by the power of
his words, and made them so ashamed of their folly
and perverseness, that, on their return to the theatre,
they changed their his-^es into applauses, and vied.
Sect. IIL CiCERO, 177
with the knights themselves in demonstrations of their
respect to Otho *. The speech was soon after pu-
bhshed, though, from the nature of the thing, it must
have been made upon the spot, and flowed extempore
from the occasion ; and as it was much read and ad-
mired for several ages after, as a memorable instance
of Cicero's command over men's passions, so some have
imagined it to be alluded to in that beautiful passage
of Virgil f .
Ac veluti magno in populo cum seepe coorta est
Seditio, scevitque animis ignohile vulgus ;
yamque faces et saxa 'uolant, furor anna ministrat :
Turn pietate gravem et meritis si forte virum quern
AspexerCy sikfit, arrectisque aurihus adstant ;
llle regit dictis animoSy et pectora mulcet,
Virg, M.n, i. 152*
As when sedition fires th' ignoble crowd,
And the wild rabble storms and thirsts for blood :
Of stones and brands a mingled tempest flies.
With all the sudden arms that rage supplies :
If some grave sire appears amidst the strife.
In morals strict and innocence of life,
All stand attentive, while the sage controuls
Their wrath, and calms the tempest of their souls.
Mr Pitt.
One topic, which Cicero touched in this speech, and
the only one of which we have any hint from antiqui-
"'^ Plutarch's life of Cicero.
f Sebast. Corradi Questura, p. 133. -^neid. i. 152. What gives
the greater colour to this imagination is, that Quintilian applies
these lines to his character of a complete orator, which he profes-
sedly forms upon the model of Cicero.. Lib. 12. i.
M 2
X78 The LIFE of Sect. HL
ty, was to reproach the rioters for their want of ta3te
and good sense, in making such a disturbance while
Roscius was acting *.
There happened about the same time a third in-
stance, not less remarkable, of Cicero's great power of
persuasion : SjUa had, by an express law, excluded
the children of the proscribed from the senate and all
pubhc honours ; which was certainly an act of great
violence, and the decree rather of a tyrant than the
law of a free state f . So that the persons injured by
it, who we?e many, and of great families, were now
making all their efforts to get it reversed. Their pe-
tition \tas highly equitable, but, from the condition of
the times, as highly unseasonable ; for, in the present
disorders of the city, the restoration of an oppressed
party must needs have added strength to the old fac-
tions ; since the first use that they would naturally
make of the recovery of their power, would be to re-
venge themselves on their oppressors. It was Cicero's
business therefore to prevent that inconvenience, and,
as far as it was possible, with the consent of the suf-
ferers themselves : on which occasion, this great com-
mander of the human affections, as Quintihan calls
him, found means to persuade those unfortunate men,
that to bear their injury was their benefit ; and that
the government itself could not stand, if SyUa's laws
were then repealed, on which the quiet and order of
the repubhc were established ; acting herein the part
of a wise statesman, who will oft be forced to tolerate,
and even maintain, what he cannot approve, for the
* Macrob. Saturn. 2. lo.
f Exclusique patemis opibus liberi, etiam petendorum honorum
jure prohiberentiir* Veil, Pat. 2. 28.
Sect. III. CICERO.
179
sake of the common good ; agreeably to what he lays
down in his book of Offices^ that many things which
are naturally right and just, are yet, by certain cir-
cumstances and conjunctures of times, made dishonest
and unjust *. As to the instance before us, he de-
clared in a speech, made several years after, that he
had excluded from honours a number 0I* brave and
honest young men, w^hom fortune had thrown into
so unhappy a situation, that if they had obtained pow-
er, they would probably hav« employed it to the ruin
of the state f . The three cases just mentioned, make
Pliny break out into a kind of raptirrous admiration of.
tiie man, " who could persuade the people to give up
** their bread, their pleasure, and their injuries, to the
*' charms of his eloquence J."
The next transaction of moment in which he was
engaged, was the defence of C. Rabirius, an aged se-
nator, accused by T. Labienus, one of the tribunes, of
treason or rebellion, for having killed L. Saturninus,
a tribune, about forty years before, who had raised a
dangerous sedition in the city. The fact, if it had
been true, w^as not only legal, but laudable, being
done in obedience to a decree of the senate, by which
ail the citizens were required to take arms in aid of
the consuls C. Marius and L. Flaccus.
But the punishment of Rabirius was not the thing
aimed at, npr the life of an old man worth the pains
of disturbing the peace of the city : the design was to
* Sic multa, quai lionesta natura videntur esse, temporlbus fiunt
laon honesta. De Ofnc. 3. 25.
f Ego adolescentes fortes et bonos, sed uses ea conditione for-
tiinte, ut, si essent magistratus adepti, Relpub. statu-m couvulsuri
viderentur — comitiorum ratione privavi. In Pison. 2.
1 Quo te, M. TuUx, piaculo taceam ? &c. Plin. Hist. 1. 7. 50,
M3
i8o The LIFE of Sect. IIL
attack that prerogative of the senate, by which, in the
case of a sudden tumult, they could arm the city at
once, by requiring the consuls to take care that the
republic received no detriment : which vote was sup-
posed to give a sanction to every thing that was done
in consequence of it ; so that several traiterous magis-
trates had been cut off by it, without the formalities
of a trial, in the act of stirring up sedition. This prac-
tice, though in use from the earliest times, had always
been complained of by the tribunes, as an infringe-
ment of the constitution, by giving to the senate an
arbitrary power over the lives of citizens, which could
not legally be taken av/ay without a hearing and judg-
m.ent of the v/hole people. But the chief grudge to it
was, from its being a perpetual check to the designs of
the ambitious and popular, who aspired to any power
not allowed by the laws : it was not difficult for them to
delude the multitude ; but the senate was not so easi-
ly managed, who, by that single vote of committing
the republic to the consuls, could frustrate at once all
the effects of their popularity, when cai'ried to a point
which was dangerous to the state : for since, in virtue
of it, the tribunes themselves, whose persons were held
sacred, might be taken off without sentence or trial,
when engaged in any traiterous practices, all attempts
of that kind must necessarily be hazardous and des-
perate.
This point therefore was to be tried on the person
of Rabirius, in whose ruin the factious of all ranks
were interested. J. Ccesar suborned Labienus to pro-
secute him ; and procured himself to be appointed
one of the Duumviri, or the two judges allotted by
Sect. HI. CICERO. iSi
the praetor to sit upon trials of treason *. Hortensius
pleaded his cause, and proved, by many ^\dtnesses, that
the whole accusation was false, and that Saturninus
was actually killed by the hand of a slave, who, for
that service, obtained his freedom from the pubhc f .
Caesar however eagerly condemned the old man, who
appealed from his sentence to the people ; " where
" nothing," says Suetonius, " did him so much service,
" as the partial and forward severity of his judge J.
The tribunes, in the mean while, employed all their
power to destroy him ; and Labienus would not suffer
Cicero to exceed half an hour in his defence § ; and,
to raise the greater indignation against the criminal,
exposed the picture of Saturninus in the Rostra, as of
one who fell a martyr to the liberties of the people.
Cicero opened the defence with great gravity, declar-
ing, *' that in the memory of man there had not been
" a cause of such importance, either undertaken by a
** tribune, or defended by a consul : that nothing less
" Vv^as meant by it, than that, fo^ the future, there
*' should be no senate or public council in the city ;
*' no consent and concurrence of the honest against
*' the rage and rashness of the wicked ; no resource or
** refuge in the extreme dangers of the republic ||. —
*• He implores the favour of all the Gods, by whose
*' providence their city was more signally governed,
*' than by any wisdom of man, to make that day pro-
** pitious to the security of the state, and to the life
*' and fortunes of an innocent man." — And, having
possessed the minds of his audience with the sanctity
* Sueton. vit. J. Cajs. 12. DIo, p. 42. f Pro Rab-:r. 6. 11.
X Ut sd pop-vilum provocanti nihil a;que ar ju-iicis acerbitas pro-
fuit. Siidon. ib. 12. § Pro Kabir. 1, [j ibiii.
M3
i82 The LIFE of Sect. IIL
of the cause, he proceeds boldly to wish, " that he had
*' been at liberty to confess, what Hortensius indeed
" had proved to be false, that Saturninus, th:i enemy
" of the Roman people, was killed by the hand of Ra-
** birius ^—that he should have proclaimed and brag-
*' ged of it, as an act that merited rewards, instead of
*' punishment." — Pie re he was interrupted by the cla-
mour of the opposite faction ; but he observes it to be
" the faint efforts of a small part of the assembly ; and
** that the body of the people, who were silent, would
" never have made him consul, if they had thought
*' him capable of being disturbed by so feeble an in-
*' suit ; which he advised them to drop, since it be-
" trayed only their folly and inferiority of their num-
" bers." — The assembly being quieted, he goes on to
declare, " that though Rabirius did not kill Saturni-
" nus, yet he took arms with intent to kill him, toge-
" gether with the consuls and all the best of the city,
" to which his honour, virtue, and duty, called him." —
He puts Labienus in mind, '* that he was too young
" to be acquainted with the merits of that cause ; that
" he was not born when Saturninus was killed, and
" could not be apprised how odious and detestable his
" name was to all people : that some had been banished
*' for complaining only of his death ; others, for hav-
" ing a picture of him in their houses f : that he won-
" dered therefore where Labienus had procured that
" picture, which none durst venture to keep even at
*' home ; and much more, that he had the hardiness
" to produce, before an assembly of the people, what
♦* had been the ruin of other men's fortunes : — that tq
^ Ibid, 6. f Ibid. 9.
Sect. III. CICERO. 183
" charge Rabirius with this crime, was to condemn the
'* greatest and worthiest citizens whom Rome had e-
" ver bred ; and, though they were all dead, yet the
" injury was the same, to rob them of the honour due
" to their names and memories. — Would C. Marius,"
says he, " have lived in perpetual toils and dangers,
" if he had conceived no hopes concerning himself and
" his glory beyond the limits of this life ? When he
" defeated those innumerable enemies in Italy, and
*' saved the repubhc, did he imagine that every thing
•' which related to him w^ould die with him ? No ; it
" is not so, citizens ; there is not one of us who exerts
" himself with praise and virtue in the dangers of the
" repubhc, but is induced to it by the expectation of
" a futurity. As the minds of men therefore seem to
" be divine and immortal for many other reasons, so
" especially for this, that, in all the best and wisest,
" there is so strong a sense of something hereafter, that
" they seem to relish nothing but w^hat is eternal. I
" appeal then to the souls of C. Marius, and of all
" those wise and worthy citizens, who, from this life
" of men, are translated to the honours and sanctity
*' of the Gods ; I call them, I say, to witness, that I
" think myself bound to fight for their fame, glory,
" and memory, with as much zeal, as for the altars
" and temples of my country ; and, if it v/ere neces-
" sary to take arms in defence of their praise, I should
" take them as strenuously, as they themselves did for
" the defence of our common safety *," &c.
After this speech, the people were to pass judgment
on Rabirius by the suffrages of all the centuries : but
* Ibid, 10.
i84 The LIFE of Sect. III.
there being reason to apprehend some violence and
foul play from the intrigues of the tribunes, Metellus,
the augur and praetor of that year, contrived to dis-
solve the assembly by a stratagem, before they came
to a vote ■* : and the greater affairs that presently en-
sued, and engaged the attention of the city, prevent-
ed the farther prosecution and revival of the cause.
But Cccsar was more successful in another case, in
ivhich he was more interested, his suit for the high
Priesthood, a post of the first dignity in the republic,
vacant by the death of Metellus Pius. Labienus o-
pened his way to it by the publication of a nev/ law,
for transferring the right of electing from the college
of priests to the people, agreeably to the tenor of a
former law, which had been repealed by Sylla. C^-
r^ar's strength lay in the favour of the populace, which,
hy immen-se bribes, and the profusion of his whole
substance, he had gained on this occasion so effectual-
ly, that he carried this high office, before he had yet
been praetor, against two consular competitors of the
first authority in Rome, (^ Catulus and P. Servihus
Isauricus ; the one of whom had been censor, and
then bore the title of Prince of the Senate ; and the
other been honoured with a triumph ; yet he procur-
ed more votes against them, even in their own tribes,
tiian they both had out of the whole number of the
citizens f .
Catiline was now renewing his efforts for the con-
sulship with greater vigour tlian ever, and by such o-
* Dio, 1. 37, 42.
\ ita ])otentissimos duos competitores, raultumque ct a:tate et
cijgnitate antecedentes, superavit \ ut pluva ipse in e.orum tribubus
sQlfragia, quam uterq'ue in cmnibus luieriL. Suet. j. Cits. i^.
Vide PU-h. /ynr.aL
Sect. m. CICERO. 185
pen methods of bribery, that Cicero published a new
law against it, with the additional penalty of a ten
years exile, prohibiting likewise all shews of gladiators
within t\YO years from the time of suing for any ma-
gistracy, unless they were ordered by the will of a
person deceased, and on a certain day therein speci-
fied *. Catiline, who knew the law to be levelled at
himself, formed a design to kill Cicero, with some o--
ther chiefs of the senate f , on the day of election,
which was appointed for the twentieth of October ;
but Cicero gave information of it to the senate the
day before, upon which the election was deferred, that
they might have time to deliberate on an affair of so
great importance ; and the day following, in a full
house, he called upon Catiline to clear himself of this
charge ; where, without denying or excusing it, he
bluntly told them, " that there were two bodies in
*' the republic," —meaning the senate and the people,
— *' the one of them infirm with a weak head, the o-
" ther firm without a head ; vv^hich last had so well
*' deserved of him, that it should never want a head
" while he lived." He had made a declaration of the
same kind, and in the same place, a few days before,
when, upon Cato's threatening him with an impeach-
ment, he fiercely replied, " that if any flame should
" be excited in his fortunes, he would extinguish it,
" not witli water, but a general ruin J."
* Pro Muren. 23. in Vatln. 15. f Die, 1. 37. 43.
t Turn enlm dixit, duo corpora esse Reipub. unum debile, in-
firmo capite ; alterum firmum sine capite ', huic, cum ita de se me-
ritum esset, caput, se vivo, non defuturum. — Cum idem ille paucis
diebus ante Catoni, judicium minitanti, respondisset. Si quod esset in
suas fortunas incendium excitatum, id se non aqua, sed ruina re2-
t^ncturuni. Pro Muren. 25,
t36 The LIFE of Sect. III.
These declarations startled the senate, and convinced
them that nothing but a desperate conspiracy, ripe for
execution, cpuld inspire so daring an assurance : so
that they proceeded immediately to that decree, which
v/as the usual refuge in all cases of imminent danger,
of ordering the consuls to take caie that the republic
received no harm "*. Upon this Cicero doubled his
guard, and called some troops into the city ; and when
the election of consuls came on, that he might imprint
a sense of his own and of the pubhc danger the more
strongly, he took care to throw back his gown in the
view of the people, and discovered a shining breast-
plate, which he v»^ore under it f : by which pecaution,
as he told Catiline afterwards to his fac€, he prevented
his design of killing both him and the competitors for
the consulship, of whom D. Junius Silanus and L. Li-^
cinius Murena were declared consuls elect J.
Cataline, thus a second time repulsed, and breath-
ing nothing but revenge, was now eager and impa-
tient to execute his grand plot : he had no other game
left ; his schemes were not only suspected, but actu-
ally discovered by the sagacity of the consul, and
himself shunned and detested by all honest men ; so
that he resolved without farther delay to put all to
the hazard, of ruining either his country or himself.
He was singularly formed both by art and nature for
* Sail. bell. Batil. 29. Putar. Cic.
f Descend! m campum — cum ilia lata insignique loiica — ut 04n-
Ties boni anlmadverterent, et cum in metu et periculo consulem' vi-
<lerent, id quod factum est, ad opem praesidiumque meum concur-
Terent. Pro Muren. 26.
X Cum proximis comitiis consularibus, me consulem in campo et
competitores tuos interficere voluisti, compressi conatus tuos ne*
farios amicorum praesidio. In Cat. i. 5.
Sect. m. ClGERO. , 187
the head of a desperate conspiracy ; of an illustrious
family, ruined fortunes, profligate mind, undaunted
courage, unwearied industry ; of a capacity equal to
the hardiest attempt, with a tongue that could explain,
and a hand that could execute it *. Cicero gives us
his just character in many parts of his works, but ia
none a more lively picture of him than in the foUov/-
ing passage f .
" He had in him," says he, " many, though not ex-
" press images, yet sketches of the greatest virtues ;
" was acquainted with a great number of wicked men,
" yet a pretended admirer of the virtuous. His house
** was furnished with a variety of temptations to lust
" and lewdness, yet with several incitements also to
*' industry and labour : it was a scene of vicious plea-
" sures, yet a school of martial exercises. There ne-
" ver was such a monster on earth compounded of pas-
" sions so contrary and opposite. Who was ever more
" agreeable at one. time to the best citizens ? wha
" more intimate at another with the worst ? who a man
" of better principles ? who a fouler enemy to this
" city ? who more intemperate in pleasure ? who more
" patient in labour ? who more rapacious in plun-
" dering ? who more profuse in squandering ? he had
" a wonderful faculty of engaging men to his friend-
" ship, and obliging them by his observance ; sharing
" with them in common whatever he was master of;
" serving them with his money, his interest, his pains,
" and, when there was occasion, by the most daring
Erat ei consilium ad facinus aptum : consflio autem neque
lingua, neque manus deerat. In Cat. 3. 7.
f Pro Gael. 5. 6.
l8S The LIFE of Sect. Jlh
" acts of villainy ; moulding his nature to his purposes,
" and bending it every way to his will. With the
" morose, he could live severely ; with the free, gay-
" ly ; with the old, gravely ; with the young, chear-
"fully; with the enterprizing, audaciously; with the
" vicious, luxuriously. By a temper so various and
" pliable, he gathered about him the profligate and the
" rash from all countries, yet held attached to him at
" the same time many brave and worthy men, by the
" specious shew of a pretended virtue."
With these talents, if he had obtained the consul-
ship, and with it the command of the armies and pro-
vinces of the empire, he would probably, like another
Cinna, have made himself the tyrant of his country :
but despair and impatience, under his repeated disap-
pointments, hurried him on to the mad resolution of
extorting by force what he could not procure by ad-
dress. His scheme however was not without a founda-
tion of probability, and there were several reasons for
thinking the present time the most seasonable for the
execution of it. Italy was drained in a manner of re-
gular troops ; Pompey at a great distance with the
best army of the empire ; and his old friend Antonius,
on whose assistance he still depended "*", was to have
the command of all the forces that remained. But
his greatest hopes lay in Sylla's veteran soldiers, whose
cause he had always espoused, and among whom he
had been bred ; v/ho, to the number of about an hun-
dred thousand, were settled in the several districts and
colonies of Italy, in the possession of lands assigned to
* Inflatum turn spe militum, turn collegee mei, ut ipse dicebat,
promissis. Pro Muren. 23.
Sect. H. CICERO. 189
them by Sylla, which the generality had wasted by
their vices and luxury, and wanted another civil war
to repair their shattered fortunes-. Among these he
employed his agents and officers in all parts, to debauch
them to his service ; and in Etruria, had actually en-
rolled a considerable body, and formed them into a
little army under the command of Manilius, a bold
and experienced centurion, who waited only for hi&
orders to take the field *. We must add to this, what
all writers mention, the universal disaffection and dis-
content which possessed all ranks of the city, but e-
specially the meaner sort, who, from the uneasiness of
their circumstances, and the pressure of their debts,
wished for a change of government ; so that if Cati-^
line had gained any little advantage at setting out, or
come off but equal in the first battle, there v/as reason
to expect a general declaration in his favour f .
He called a council therefore of all the conspirators,
to settle the plan of their work, and divide the parts
of it among themselves, and fix a proper day for the
execution. There were about thirty-five, whose names
are transmitted to us as principals in the plot, partly
of the Senatorian, partly of the Equestrian order, with
many others from the colonies and municipal towns
of Italy, men of famiUes and interest in their several
countries. The senators were P. Cornelius Lentulus,
C. Cethegus, P. Autronius, L. Cassius Longinus, P.
* Castra sunt in Italia contra Rempub. in EtruricC faucibus col-
locata. In Cat. i. 2. it. 2. 6.
f Sed omnino cuncta plebes, novarum rerum studio, Catilinse in-
cepta probabat — quod si primo prcelio Catllina superior, aut requu
Biaua diicessisset, profecto magna clades, &c. Sallv.st. 27. 29..
ipo
The life of Sect. IIL
Sylla, Serv. Sylla, L. Vargunteius, (^ Curius, Q^ An-
nius, M. Fortius Lecca, L. Bestia *.
Lentiilus was descended from a Patrician branch
of the Cornelian family, one of the most numerous,
as well as the most splendid, in Rome. His grand-
father had borne the title of rrince of the Senate^ and
was the most active in the pursuit and destruction of
C. Gracchus, in which he received a dangerous
wound f . The grandson, by the favour of his noble
birth, had been advanced to the consulship about
eight years before, but was turned out of the senate
soon after by the censors, for the notorious infamy of
his life, till, by obtaining the praetorship a second
time, which he now actually enjoyed, he recovered
his former place and rank in that supreme council J.
His parts were but moderate, or rather slow ; yet the
comeliness of his person, the gracefulness and pro-
priety of his action, the strength and sweetness of his
voice, procured him some reputation as a speaker §.
He was lazy, luxurious, and profligately wicked ; yet
so vain and ambitious, as to expect, from the over-
throw of the government, to be the first man in the
republic ; in which fancy he was strongly flattered by
some crafty soothsayers, who assured him, from the
Sibyline books, " that there were three Cornelius's
* Sallust. 17.
f Num P. Lentulum, piincipem senatus ? Complures alios
summos viros, qui cum L. Opimio consule armati Gracchum in
Aventinum persecuti sunt ? quo in prcelio Lentulus grave vulnus
accepit. Phil. 8. 4. in Cat. 4. 6.
\ Lentulus quoque tunc maxime praetor, &c. Flor. 4. i. Dio,
p. 43. Plut. in Cic,
§ P. Lentulus, cujus et excogitandi et loquendi tarditatem tegs-
bat formae dignitas, corporis motus plenus et art is et venustatis^
vocis et suavitas et magnitudo. Brut. 350.
Sect. III. CICERO;
191
*' destiiied to the dominion of Rome ;" that Cinns
arid Sylla had already possessed it, and the prophecy
wanted to be completed in him *. With these views
he entered freely into the conspiracy, trusting to Ca-
tihne's vigour for the execution, and hoping to reap
the chief fruit from its success.
Cethegus was of an extraction equally noble, but
of a temper fierce, impetuous, and daring to a degree
even of fury. He had been warmly engaged in the
cause of Marius, with whom he was driven out of
Rome ; but when Sylla's affairs became prosperous,
he presently changed sides^ and, throwing himself at
Sylla's feet, and promising great services, was restor-
ed to the city f . After Sylla's death, by intrigues
and faction, he acquired so great an influence, that
while Pompey was abroad, he governed all things at
home ; procured for Antonius the command over the
coasts of the Mediterranean, and for Lucullus, the
management of the Mithridatic war f . In the heighth
of this power, he made an excursion into Spain, to
raise contributions in that province, where, meeting
with some opposition to his violences, he had the har-
diness to insult, and even wound, the proconsul Q^
* Lentulum autem sibi cbnfirmasse ex fatis Sibylllnis. Harus-
picumque responsis, se esse tertium ilium Cornelium, ad quem reg-
num hiijus urbis atque imperium pervenire asset necesse, <Scc. In.
Cat. 3. 4. tit. 4. 6.
f Quid Catilina tuls natalibus, atque Cethegi
Inveniet quisquam sublimius ?
Juv. Sat. 8. 231. App. 399.
:|: Hie est M. Antonius, qui gratia Cottse consulis et Cethegi
factione in senatu, curationem intinitam nactus, &.c. Ascon. in
Verr. 2. 3. Plut. in LucuU.
Vol. I. N
XC}2 The LIFE OF Sect. HL
Metellus Pius *. But the insolence of his conduct,
and the infamy of his hfe, gradually diminished, and
at last destroyed, his credit ; when, finding himself
controuled by the magistrates, and the particular vi-
gilance of Cicero, he entered eagerly into Catiline's
plot, and was entrusted with the most bloody and des-
perate part of it, the task of massacring their enemies
within the city. The rest of the conspirators were
not less illustrious for their birth f . The two Sylla's
WTre nephews to the dictator of that name ; Autro-
nius had obtained the consulship, but w^as deprived
for bribery ; and Cassius was a competitor for it with
Cicero himself. In short, they were all of the same
stamp and character ; men v/hom disappointments,
ruined fortunes, and flagitious lives, had prepared for
any design against the state ; and all whose hopes of
ease and advancement depended on a change of af-
fairs, and the subversion of the republic.
As this meeting it v/as resolved, that a general in-
surrection should be raised through Italy, the different
parts of which were assigned to different leaders ; that
Catiline should put himself at the head of the troops,
in Etruria ; that Rome should be fired in many places
at once, and a massacre begun at tlie same time of
the' whole senate, and all their enemies; of whom
none were to be spared but the sons of Pompey, who
were to be kept as hostages of their peace and recon-^
ciliation with the father ; that, in the consternation
* Quis cle C. Cethego, atque ejus in Hispahiam profectione, ac
de vulncre Q^Metelli Pii cogltat, cul noii ad illius pcenam career
ajdirjcatus esse videatur ? Pro Syll. 25.
f Curii, Porcii, Sylla;, Cethegi, Antonii, Vargunteii atque
Longiiii : qiue famili'* ?^ quae senatus insignia ? &c. Flor. L 4. i...
Sect. HI. CICERO. ig^
of the fire and massacre, Catiline should be ready
with his Tuscan army, to take the benefit of the pu-
blic confusion, and make himself master of the city ;
where Lentulus, in the mean while, as first in dignity,
was to preside in their general councils ; Cassius to
manage the affair of firing it ; Cethegus to direct the
massacre "*. But the vigilance of Cicero being the
chief obstacle to all their hopes, Catiline was very de-
sirous to see him taken off before he left Rome ; upon
which two knights of the company undertook to kill
him the next morning in his bed, in an early visit on
pretence of business f . They were both of his ac-
quaintance, and used to frequent his house ; and know-
ing his custom of giving free access to all, made no
doubt of being readily admitted, as Cornelius, one of
the two, afterwards confessed J.
The meeting was no sooner over, than Cicero had in-
formation of all that passed in it ; for, by the intrigues
of a woman named Fulvia, he had gained over Cu-
rius her gallant, one of the conspirators, of Senatorian
rank, to send him a punctual account of all their de-
liberations. He presently imparted this intelligence
to some of the chiefs of the city, who were assembled
that evening, as usual, at his house ; informing them,
not only of the design, but naming the men who were
* Cum Catilina egrederetur ad exercltum, Lentulus in urbe re-
^^inqueretur, Cassius incendiis, Cethegus caedi praeponeretur. Pro
'Syll. 19. Vid. Plut. in Cicer.
f Dixisti paullulum tibi esse morae, quod ego viverem : reperti
svmt duo Equites Romani, qui te ista cura liberarent, et sese ilia
ipsa nocte ante lucem me meo in lectulo interfecturos pollicerentur.
In Catil. I. 4. it. Sallust. 28.
X Tunc tuus pater, Corneli, id quod tandem aliquando confitc
tur, illam sibi officiosam provinciam depoposcit. Pro Syll. 18.
N 2
194
The life of Sect. HL
to execute it, and the very hour when they would be
at his gate : all which fell out exactly as he foretold ;
for the two knights came before break of day, but had
the mortification to find the house well guarded, and
all admittance refused to them *. '
Catiline was disappointed likewise in another affair
of no less moment before he quitted the city ; a design
to surprise the town of Pra:neste, one of the strongest
fortresses of Italy, within twenty-five miles of Rome ;
"vvhich would have been of singular use to him in the
war, and a sure retreat in all events : but Cicero was
still before-hand with him, and, from the apprehension
of such an attempt, had previously sent orders to the
place to keep a special guard ; so that when Catiline
came in the night to make an assault, he found them
so well provided, that he durst not venture upon the
experiment f .
This was the state of the conspirary, when Cicero
delivered the first of those four speeches, which were
spoken upon the occasion of it, and are still extant.
The meeting of the conspirators was on the sixth of
November, in the evening ; and on the eighth he
summoned the senate to the temple of Jupiter, in the
Capitol, where it was not usually held but in times of
public alarm J. There had been several debates on
* Domum meam inajoribiis pr^bsidils inuni\'i : exclusi eos, quos
Xu. mane ad me salutatum miseras •, cum illi ipsi venissent, quos ego
jam multis ac summis virls ad me id tempoiis venturos esse pratj-
dixeram. In Catil. i. 4.
f Quid ? cum tu Praeneste Kalendis^ ipsis Novembrllms occupa-
turum nocturno impetu confideres ? Sensistine illam coloniam mea
jussu, meis presidiis— esse munitam ? Ibid. 1.3. Prteneste — natura
munitum. - Veil. Pat. 2. 26.
% Nihil hie munilissimus habcndi senatus locus. lb> 1. 1. - '
Sect. III. CICERO. 195
the same subject of Catiline's treasons, and his design
of killing the consul ; and a decree had passed, at the
motion of Cicero, to offer a pubhc reward to the first
discoverer of the plot ; " if a slave, his liberty, and
" eight hundred pounds ; if a citizen, his pardon, and
" sixteen hundred *." Yet Catiline, by a profound
dissimulation, and the constant professions of his in«
nocence, still deceived many of all ranks ; represent-
ing the whole as the fiction of his enemy Cicero, and
offering to give security for his- behaviour, and to de-
liver himself to the custody of any whom the senate
would name ; of M. Lepidus, of the praetor Metellus,
or of Caesar himself : but none of them would receive
him, and Cicero plainly told him, " that he should
** never think himself safe in the same house, when
" he w^as in danger by living in the same city with
*' him f ;" yet he still kept on the mask, and had the
confidence to come to this very meeting in the Capi-
tol ; w^hich so shocked the whole assembly, that none
even of his acquaintance durst venture to salute him ;
and the consular senators quitted that part of the house
in which he sat, and left the w^hole bench clear to
him J. Cicero was so provoked by his impudence,
that, instead of entering upon any business, as he de-
signed, addressing himself directly to Catiline, he
* Si quis indicasset de conjuratione, quae contra Remp. facta e-
rat, priiemium servo, libertatem et sestertia centum j liberto, im-
punitatem et sestertia oc. Sallust 30.
f Cum a me id responsum tuli^ses, me nullo modo posse iisdem
parietibus tuto esse tecum, qui maguo in periculo essem, quod iis-
ilem moenibus contineremur. lb. i. 8.
Quis te ex hac tanta frequentia, tot ex tuis amicis ac necessa-
riis salutavit ? Quid, quod adventu tuo ista subsellia vacuefacla
;unt? &:c. lb. i. 7,
N 3
196 The life of Sect. HL
broke out into a most severe invective against him ;
and, with all the fire and force of an incensed elo-
quence, laid open the whole course of his villainies,
and the notoriety of his treasons.
He put him in mind, " that there was a decree al-
" ready made against him, by which he could take his
*' life ^ ; and that he ought to have done it long ago,
" since many, far more eminent and less criminal, had
" been taken off by the same authority, for the suspi-
" cion only of treasonable designs ; that if he should
" order him therefore to be killed upon the spot, there
" was cause to apprehend, that it would be thought
" rather too late, than too cruel. — But there was a
" certain reason which yet withheld him Thou
" shalt then be put to death," says he, " when there
" is not a man to be found so wicked, so desperate, so
" like to thyself, who will deny it to be done justly. —
" As long as there is one wiio dares to defend thee,
"' thou shalt live ; and live so, as thou now dost, sur-
** rounded by the guards, which I have placed about
" thee, so a3 as not to suffer thee to stir a foot against
" the repubhc ^ whilst the eyes and ears of many shall
" watch thee, as they have hitherto done, when thou
" httle thoughtest of it f ." He then goes on to give
a detail of all that had been concerted by the conspir-
ators at their several meetings, to let him see, " that
" he was perfectly informed of every step which he
*' had taken, or designed to take ; and observes, " that
** he saw several at that very time in the senate, who
* Plabemus senatusconsultum in te, Catilina vehemens et grave.
In CatiL i. i,
f Void. 2.
Sect. III. CICEUO. 197
" had assisted at those meetings. He presses him
" therefore to quit the city, and, since all his counsels
" were detected, to drop the thought of fires and mas-
" sacres; that the gates were open, and no body
" should stop him^." Then, running over the flagiti-
ous enormities of his life, and the series of his traitor-
ous practices, " he exhorts, urges, commands him to
'' depart, and if he would be advised by him, to go in-
" to a voluntary exile, and free them from their fears ;
" that, if they were just ones, they might be safer ; if
" groundless, the quieter f : that though he would not
" put the question to the house, v/hether they Vn^ouM
" order him into banishment, or not, yet he would let
" him see their sense upon it by the manner of behav-
" ing while he v/as urging him to it ; for should he bid
" any other senator of credit, P. Sextius, or M. Mar-
" cellus, to go into exile, they would all rise up against
" him at once, and lay violent hands on their consul :
'' yet when he said it to him, by their silence they
" approved it ; by their suffering it, decreed it ;
" by saying nothing, proclaimed their consent J.
^* That he would answer likewise for the knights,
" who vv^ere then guarding the avenues of the senate,
" and were hardly restrained from doing him vio-
*' lence ; that if he vv^ould consent to go, they would
*' all quietly attend him to the gates. — —Yet, after all,
" if in virtue of his command he should really go into
" banishment, he foresaw what a storm of envy he
" should draw by it upon himself; but he did not va-
" lue that, if by his own calamity he could avert the
" dangers of the republic : but there v>^as no hope that
" Catiline could ever be induced to yield to the oc-
• * Ibid. 5. f~Ibid. 7. X Ibid, 8.
N 4
193 The LIFE of Sect. IH.
" casions of the state, or moved with a sense of his
"■ crimes, or reclaimed bv shame, or fear, or reason,
*' from his madness J. He exhorts him, therefore, if
" he would not go into exile, to go at least, where he
** was expected, into Manlius's camp, and begin the
" war ; provided only that he would carry out with
" him all the rest of his crew : — That there he might
" riot and exult at his full ease, without the mortifica-
" tion of seeing one honest man about him *. — There
" he might practise all that discipline to which he had
" been trained, of lying upon the ground, not only in
" pursuit of his lewd amours, but of bold and hardy
" enterprizes : there he might exert all that boa^^ted
*' patience of hunger, cold, and want, by which howe-
" ver he would shortly fmd himself undone." He
^ then introduces an expostulation of the republic with
" himself, " for his too great lenity, in suffering such
" a traitor to escape, instead of hurrying him to im-
*' mediate death ; that it was an instance of cowardice
" and ingratitude to the Roman people, tbat he, a new
" man, who, without any recommendation from his
" ancestors, had been raised by them through all the
" degrees of honour to sovereign dignity, should, for
" the sake of any danger to himself, neglect the care
" of the public safety f , To this most sacred voice of
" my country," says he, " and to all those who blame
" me after the same manner, I shall make this short
" answer ; that if I had thought it the most advisable
*' to put Catiline to death, I would not have allowed
" that gladiator the use of one moment's life : for if,
" in former days, our most illustrious citizens, instead
* Ibid , f Ibid. 10. .t Ibid. li.
Sect. III. CICERO, I99
^* of sullying, have done honour to their memories, by
" the destruction of Saturninus, the Gracchi, Flaccus,
^* and many others ; there is no ground to fear, that
*' by killing this parricide, any envy v/ould he upon me
*' with posterity ; yet if the greatest was sure to befal
♦* me, it was always my persuasion, that envy acquired
" by virtue was really glory, not envy : but there are
" some of this very order, who do not either see the
** dangers which hang over us, or else dissemble what
*' they see ; who by the softness of their votes cherish
" Catiline's hopes, and add strength to the conspiracy
" by not believing it ; whose authority influence? ma-
*' ny, not only of the wicked but the weak ; who, if
** I had punished this man as he deserved, would not
" have failed to cry out upon me for acting the ty-
" rant *. Nov/ I am persuaded, that w'hen he is once
" gone into Manilius's camp, whither he actually de-
*^ signs to go, none can be so silly, as not to see that
" there is a plot, none so wicked, as not to acknow-
" ledge it : whereas, by taking off him alone, though
" this pestilence would be somewhat checked, it could
'' not be suppressed : but when he has thrown himself
*' into rebellion, and carried out his friends along v/ith
'* him, and drav/n together the profligate and desper-
" ate from all parts of the empire, not only this ripen-
*' ed plague of the republic, but the very root and
" seed of all our evils, will be extirpated with him at
*' once." Then applying himself again to Catiline, he
concludes with a short prayer to Jupiter : *' With
^' these omens, Catiline, of all prosperity to the repub-
*^ lie, but of destruction to thyself, and all those who
*. Ibid. 12.
IQO The life of Sect. IIL
** have joined themselves with thee in all kinds of par-
" ricide, go thy way then to this impious and abomin-
" able war ; whilst thou, Jupiter, whose religion was
" estabhshed with the foundation of this city, whom
*' we truly call Stator, the stay and prop of this em-
*' pire, wilt drive this man and his accomplices from
" thy altars and temples, from the houses and walls of
" the city, from the lives and fortunes of us all ; and
** wilt destroy with eternal punishments, both living
" and dead, all the haters of good men, the enemies of
" their country, the plunderers of Italy, now confeder-
*' ated in this detestable league and partnership of vil-
^* lainy."
Catihne, astonished by the thunder of this speech,
had little to say for himself in answer to it ; yet, " with
*' downcast looks and suppliant voice, he begged of
" the fathers, not to believe too hastily what was said
" against him by an enemy ; that his birth and past
'''life offered every thing to him that was hopeful;
** and it was not to be imagined, that a man of Patri-
" cian family, whose ancestors, as well as himself, had
" given many proofs of their affection to the E^oman
"' people, should want to overturn the government,
*' while Cicero, a stranger, and late inhabitant of
" Rome, was so zealous to preserve it." But, as he
was going on to give foul language, the senate inter-
rupted him by a general outcry, calhng him traitor
and parricide : upon which being furious and despe-
rate, he declared again aloud v/hat he had said before
to Cato, " That since he was circumvented and dri-
" ven headlong by his enemies, be would quench the
" flame which was raised about him, by the common
Sect. III. CICERO. ^oi
" ruin ;" and so rushed out of the assembly ^\ As
soon as he was come to his house, and began to re^
fleet on what had passed, perceiving it in vain to dis-
semble any longer, he resolved to enter into action
immediately, before the troops of the republic were
increased, or any new levies made ; so that, after a
short conference with Lentulus, Cethegus, and the
rest, about what had been concerted in the last meet-
ing,' having given fresh orders and assurances of his
speedy return, at the head of a strong army, he left
Rome that very night, with a small retinue, to make
the best of his way towards Etruria f.
He no sooner disappeared, than his friends gave out
that he was gone into a voluntary exile at Mar-
seilles J, which was industriously spread through the city
the next morning, to raise an odium upon Cicero, for
driving an innocent man into banishment, without any
previous trial or proof of his guih : but Cicero was too
w^ell informed of his motions, to entertain any doubt
about his going to Manlius's camp, and into actual re-
bellion ; he knew that he had sent thither already a
quantity of arms, and all the ensigns of mihtary com-
mand, with that silver eagle which he used to keep
with great superstition in his house, for its having be-
longed to C. Marius, in his expedition against the
* Turn ille furibundus •, Quoniam quidem circumventus, inquit,
ab inimicis prseceps agor, incendium meum ruma extmguam. bai-
lust. 31.
t At 'en\m sunt, Qulrites, qui dicunt a me in exilium ejectum
esse Catilinam— Ego veliemens ille consul, qui verbo cives m exi-
lium ejicio, &c. In Catil. 2. 6.
202 The life of Sect, lit
Cimbri *. But lest the story should make an ill im-
pression on the city, he called the people together into
the forum, to give them an account of what passed in
the senate the day before, and of Catiline's leaving
Rome upon it.
] He began by " congratulating with them on Cati-
*' line's flight, as on a certain victory, since the driv-
" ing him from his secret plots and insidious attempts
** on their lives and fortunes into open rebelHon, was
*' in effect to conquer him : that CatiHne himself was
*^ sensible of it, whose chief regret in his retreat Vv'as
" not for leaving the city, but for leaving it stand-
'* ing f . — But if there be any here," says he, " who
^ blame me for what I am boasting of, as you all in-
" deed justly may, that I did not rather seize, than
*' send away so capital an enemy, that is not my fault,
** citizens, but the fault of the times. Catiline ought
" long ago to have suffered the last punishment ; the
*' custom of our ancestors, the discipline of the em-
** pire, and the republic itself, required it : but how
** many would there have been who would not have
" believed what I charged him with ? how many who,
" through weakness, would never have imagined it,
" or through wickedness, would have defended it ?" —
He observes, " That if he had put Catiline to death,
" he should have drawn upon himself such an odium,
** as would have rendered hin^ unable to prosecute his
*' accomplices, and extirpate the remains of the con-
*"• spiracy ; but, so far from being afraid of him now.
* Cum fasces, cum tubas, cum signa militaria, cum aquilam il-
1am argenteam, cui ille etiam sacrarium scelerum domi sui^ fece-
rat, scirem esse pra^missam. lb. S-allust. 59.
f In Catil. 2. I.
Sect. III. CICERO. ^03
« he was sorry only that he went off with so few to
*' attend him t : that his forces were contemptible, if
*' compared with those of the republic, made up of a
** miserable, needy crew, who had wasted their sub-
« stance, forfeited their bails, and would run away,
" not only at the sight of an army, but of the prstor's
i. edict :— That those who had deserted his army, and
*' staid behind, were more to be dreaded than the ar-
** my itself; and the more so, because they knew him
" to be informed of all their designs, yet were not at
** all moved by it : that he had laid open all their
** councils in the senate the day before, upon which
" Catiline was so disheartened, that he immediately
^ fled : that he could not guess what these others
*' meant ; if they imagined that he should always use
" the same lenity, they were much mistaken * : for
" he had now gained what he had hitherto been wait-
*' ing for, to make all the people see that there was a
" conspiracy ; that now, therefore, there was no more
'' room for clemency, the case itself required seventy :
" yet he would still grant them one thing, to quit the
»' city, and follow Catihne : nay, would tell them the
" way ; it was the Aurelian road, and, if they v/ould
** make haste, they might overtake him before night."
Then, after describing the profligate life and conver-
sation of Catihne and his accomplices f , he declares it
" insuflferably impudent for such men to pretend to plot ;
" the lazy against the active, the fooHsh against the
" prudent, the drunken against the sober, the drowsy
" against the vigilant, who, lolling at feasts, embracing
" mistresses, staggering with wine, stuffed with vie-
X Ibid 2. * Ibid. 3. t Ibid. 4.
204 The LIFE of Sect. IIL
*' tuals, crowned with garlands, daubed with perfumes,
" belch out in their conversations a design of massacring
" the honest, and firing the city. If my consulship,"
says he, " since it cannot cure, should cut off all these,
" it would add no small period to the duration of the
" republic : for there is no nation which we have rea-
" son to fear, no king who can make war upon the
" Roman people ; all disturbances abroad, both by
" land and sea, are quelled by the virtue of one man ;
" but a domestic war still remains ; the treason, the
" danger, the enemy is within ; we are to combat
" with luxury, with madness, with villainy : in this
" war I profess myself your leader, and take upon my-
" self all the animosity of the desperate : whatever can
*' possibly be healed, I will heal ; but what ought to
" be cut off, I will never suffer to spread to the ruin
" of the city :f ." He then takes notice of the report
of Catiline's being driven into exile, but ridicules the
weakness of it, and says, " That he had put that mat-
" ter out of doubt, by exposing all his treasons the day
" before in the senate "*." He laments the *' wretch-
" ed condition, not only of governing, but even of pre-
" serving states : for if Catiline," says he, " bafHed by
" my pains and councils, should really change his
*' mind, drop all thoughts of war, and betake himself
" to exile, he would not be said to be disarmed and
" terrified, or driven from his purpose by my vigi-
*' lance : but, uncondemned and innocent, to be forced
" into banishment by the threats of the consul ; and
" there would be numbers who would think him not
" wicked, but unhappy ; and me not a diUgent con-
± Ibid. 5, * Ibid. 6.
Sect. HI. CICERO. 205
" sul, but a cruel tyrant." He declares, " that though,
" for the sake of his own ease or character, he should
" never wish to hear of Catiline's being at the head of
*' an army, yet they would certainly hear it in three
" days time : — that if men were so perverse as to com-
" plain of his being driven away, what would they
" have said if he had been put to death ? Yet there
" was not one of those who talked of his going to Mar-
" seilles, but would be sorry for it, if it was true, and
" wished much rather to see him in Manlius's camp f ."
He proceeds to describe at large the strength and
forces of Catihne, and the different sorts of men of
which they were composed ; and then displaying and
opposing to them the superior forces of the republic,
he shews it to be " a contention of all sorts of virtue
" against all sorts of vice, in which, if all human help
" should fail them, the gods themselves would never
" suffer the best cause in the world to be vanquished
" by the worst f He requires them, therefore, " to
" keep a watch only in their private houses, for he
*' had taken care to secure the public, without any
" tumult : that he had given notice to all the colonies
" and great towns of Catiline's retreat, so as to be up-
" on their guard against him : that as to the body of
" gladiators, whom Catiline always depended upon as
*' his best and surest band, they were taken care of in
" such a manner, as to be in the power of the repu-^
** blic •* ; though, to say the truth, even these were
" better affected than some part of the Patricians :
■[. lb. 7, 8, 9, 10. .t Ibid. II.
* Ibid. I. Decrevere uti familiar gladiatorbi Capuam et in c»-
t«ra municJpia dlstribuerentur pro cujusqiie opibus. Sallust. 30,
2o6 The life of Sect. Ill
** that he had sent (^ Metellus, the praetor, into Gaiil,
" and the district of Picenum, to oppose all Catiline'^
" motions on that side ; and, for settling all matters at
" home, had summoned the senate to meet again that
*' morning, which, as they saw, was then assembhng.
" As for those, therefore, who were left behind iri the
" citj, though they were now enemies, yet since they
" were born citizens, he admonished them again and
" again, that his lenity had been waiting only for an
*' opportunity of demonstrating the certainty of the
" plot : that for the rest, he should never forget that
" this was his country, he their consul, who thought it
" his duty either to live with them, or die for them.
** There is no guard," says he, " upon the gates, none
" to watch the roads ; if any one has a mind to with-
" draw himself, he may go whanever he pleases ; but
" if he makes the least stir within the city, so as to be
" caught in any overt-act against the republic, he
" shall know that there are in it vigilant consuls, ex-
" cellent magistrates, and a stout senate ; that there
" are arms, and a prison, which our ancestors provided
" as the avenger of manifest crimes ; and all this shall
" be transacted in such a manner, citizens, that the
** greatest disorders shall te quelled without the least
" hurry, the greatest dangers, without any tumult, a
" domestic war, the most desperate of any in our me-
" mory, by me your only leader and general, in my
" gown ; which I will manage so, that, as far as it is
" possible, not one even of the guilty shall suffer pu-
** nishment in the city : but if their audaciousness, and
" my country's danger, should necessarily drive me
" from this mild resolution, yet I will effect, what in
" so cruel and treacherous a war could hardly be
Sect. III. CICERO.
207
" hoped for, that not one honest man shall fall, but all
" of you be safe, by the punishment of a few. This
" I promise, citizens, not from any confidence in my
" own prudence, or from any human councils, but
" from the many evident declarations of the gods, by
" whose impluse I am led into this persuasion, who as-
" sist us, not as they used to do, at a distance, against
" foreign and remote enemies, but by their present
" help and .protection defend their temples and our
" houses : it is your part, therefore, to worship, im-
" plore, and pray to them, that since all our enemies
" are now subdued both by land and sea, they would
" continue to preserve this city, which was designed
" by them for the most beautiful, the most flourishing,
" and most powerful on earth, from the most detest-
" able treasons of its own desperate citizens."
We have no account of this day's debate in the se-
nate, which met while Cicero was speaking to the peo-
ple, and were waiting his coming to them from die
rostra : but as to Catiline, after staying a few days on
the road to raise and arm the country through which
he passed, and which his agents had already been dis-
posing to his interests, he marched directly to Man-
lius's camp, with the fasces and all the ensigns of mi-
litary command displayed before him. Upon this
news, the senate declared both him and Manhus pu-
blic enemies, with offers of pardon to all his followers,
who were not condemned of capital crimes, if they
returned to their duty by a certain day ; and ordered
the consuls to make new levies ; that Antonius should
follow Catiline with the army ; and Cicero stay at
home to guard the city *.
* Sallust. ^6,
Vol. I. O
2o8 The LIFE of Sect. Ill
It will seem strange to some, that Cicero, when he
had certain information of Catiline's treason, instead
of seizing him in the city, not only suffered, but urged
his escape, and forced him as it were to begin the war.
But there w^as good reason for what he did, as he fre-
quently intimates in his speeches ; he had many ene-
mies among the nobility, and Catiline many secret
friends ; and though he was perfectly informed of the
whole progress and extent of the plot, yet the proofs
being not ready to be laid before the public, Catiline';^
dissimtilation still prevailed, and persuaded great num-
bers of his inrtocence ; so that if he had imprisoned
and punished him at this time, as he deserved, the
whole faction Were prepared to raise a general clamour
against him, by representing his administration as a
tyranny, and the plot as a forgery contrived to sup-
port it : w^iereas, by driving Catiline into rebellion,
he made all men see the reahty of their danger ;
wL-ile, from an exact account of his troops, he knew
them to be so -unequal to those of the repubUc, that
there was no doubt of his being destroyed, if he could
be pushed to the necessity of declaring himself, before
his other projects w^ere ripe for execution. He knew
also, that if Catiline was once driven out of the city,
and separated from his accomplices, who were a lazy,
drunken, thoughtless crew, they would ruin them-
selves by their own rashness, and be easily drawn into
any trap which he should lay for them : the event
shewed that he judged right ; and by what happened
afterwards, both to Catihne and to himself, it appear-
ed, that, as far as human caution could reach, he act-
ed with the utmost prudence, in regard, as well to liis
own, as to the pubhc safety.
Sect. III. CICERO. ^209
In the midst of all this hurry, and soon after Cati<
line's flight, Cicero found leisure, according to his
custom, to defend L. Murena, one of the consuls elect,^
who was now brought to a trial for bribery and cor-
ruption. Cato had declared in the senate, that he
would try the force of Cicero's late law upon one of
the consular candidates * : and since Catiline, whom
he chiefly aimed at, was out of his reach, he resolved
to fall upon Murena ; yet connived at the same time
at the other consul, Silanus, who had married his sis-
ter, though equally guilty with his colleague f : he
was joined in the accusation by one of the disappoint-
ed candidates, S. Sulpicius, a person of distinguished
worth and character, and the most celebrated lawyer
of the age, for whose service, and at whose instance,
Cicero's law against bribery was chiefly provided J.
Murena was bred a soldier, and had acquired great
fame in the Mithridatic war, as lieutenant to Lucul-
lus § ; and was now defended by three, the greatest
men, as well as the greatest orators, of Rome, — Crassus,
Hortensius, and Cicero ; so that there had seldom
been a trial of more expectation, on account of the
dignity of all the parties concerned. The character
of the accusers makes it reasonable to believe, that
there was clear proof of some illegal practices ; yet,
* Dixi in senatu, me nomen consularis candidati delaturum.
Pro Muren. 30. Qaod atrociter in senatu dixisti, aut non dixisses,
aut seposuisses. lb. 31. Plutar. Cato.
f Plutarch, in Cato.
X Legem ambitus tiagitasti — gestus est mos et voluntati et dig-
nitati tuae. Pro Muren. 23.
§ Legatus L. Lucullo fuit : qua in legatione duxit exercitum —
magnas copias hostium fudit, urbes partim vi partim obsidione ce-
pit. Pro Muren. 9.
O2
10
The life of Sect. UI.
from Cicero's speech, which, though imperfect, is the
only remaining monument of the transaction, it seems
probable, that they were such only, as, though strictly
speaking, irregular, were yet warranted by custom
and the example of all candidates ; and, though hein-
ous in the eyes of a Cato, or an angry competitor,
were usually overlooked by the magistrates, and ex-
pected* by the people.
The accusation consisted of three heads ; the scan-
dal of Murena's life : the want of dignity in his cha-
racter and family ; and bribery in the late election.
As to the first, the greatest crime which Cato charged
him with WRS da?icing J to which Cicero's defence is
somewhat remarkable : " He admonishes Cato not to
" throw out such a calumny so inconsiderately, or to
*' call the consul of Rome a dancer ; but to consider
" how many other crimes a man must needs be guilty
" of before that of dancing could be truly objected to
" him ; since nobody ever danced, even in solitude,
" or a private meeting of friends, who was not either
" drunk or mad ; for dancing was always the last act
*' of riotous banquets, gay places, and much jollity :
" that Cato charged him therefore with what was the
*' effect of many vices, yet with none of those, with-
" out which that vice could not possibly subsist ; with
*' no scandalous feasts, no amours, no nightly revels,
" lewdness, no extravagant expence," * &c.
As to the second article, t/je want of dig?2ity, it was
urged chiefly by Sulpicius, who being noble, and a
patrician, was the more mortified to be defeated by a
plebeian, v;hose extraction he contemned : but " Ci-
* Pro iMurcn. 6.
Sect. III. CICERO. 211
" cero ridicules the vanity of thinking no family good,
" but a patrician ; shews that Murena's grandfather
" and great grandfather had been praetors; and that
" his father also, from the same dignity, had obtained
" the honour of a triumph ; that Sulpicius's nobility
" was better known to the antiquaries than to the
" people ; since his grandfather had never borne any
" of the principal offices, nor his father ever mounted
*' higher than the equestrian rank ; that being there-
" fore the son of a Roman knight, he had always
" reckoned him in the same class v/ith himself, of those
" who by their own industry had opened their way to
" the highest honours ; that the Curius's, the Cato's,
" the Pompeius's, the Marius's, the Didius's, the Cse-
" hus's, were all of the same sort ; that when he had
" broken through that barricade of nobility, and laid
" the consulship open to the virtuous, as Vv^eli as to the
" noble ; and when a consul, of an ancient and ilius-
" trious descent, was defended by a consul, the son
" of a knight ; he never imagined, that the accusers
" would venture to say a word about the novelty of a
" family ; that he himself had two patrician competi-
" tors, the one a profligate and audacious, the other
" an excellent and modest man ; yet that he outdid
*' Catiline in dignity, Galba in interest ; and if that
" had been a crime in a new man, he should not have
" wanted enemies to object it to him "^." He then
shews, " that the science of arms, in which Murena
" excelled, had much more dignity and splendour in
" it than the science of the law, being that which first
^ Pro Muren. 7. 8.
O3
212 The life of Sect. III.
*' gave a name to the Roman people, brought glory
" to their city, and subdued the world to their empire :
" that inartial virtue had ever been the means of con-
" cihating the favour of the people, and recommend-
" ing to the honours of the state ; and it was but rea-
'* sonable that it should hold the first place in that ci-
" ty, which was raised by it to be the head of all o-
" ther cities in the world *."
As to the last and heaviest part of the charge, the
crime of bribery, there was little or nothing made out
against him, but w^hat was too common to be thought
criminal ; the bribery of shews, plays, and dinners,
given to the populace ; yet not so much by himself,
as by his friends and relations, who were zealous to
serve him ; so that Cicero makes very slight of it, ancj
declares himself " more afraid of the authority, than
" the accusation of Cato ;" and, to obviate the influ-
ence which the reputation of Cato's integrity might
have in the cause, he observes, " that the people in
*' general, and all wise judges, have ever been jealous
" of the power and interest of an accuser ; lest the
*' criminal should be borne down, not by the weight
" of his crimes, but the superior force of his ad versa*
" ry. Let the authority of the great prevail," says
he, " for the safety of the innocent, the protection of
" the helpless, and the relief of the miserable ; but let
" its influence be repelled from the dangers and de-
" struction of citizens : for if any one should say, that
" Cato would not have taken the pains to accuse, if
'* he had not been assured of the. crime, he establishes
* Pro Muren. o, lo, ii.
Sect. lU, CICERO. 213
" a very unjust law to men in distress, by making the
" judgment of an accuser to be considered as tbe pre-
" judice or previous condemnation of the criminal *.
" He exhorts Cato not to be so severe, on what an-
" cient custom and the republic itself had found use-
" ful ; nor to deprive the people of their plays, gladi-
" ators, and feasts, which their ancestors had approv-
" ed ; nor to take from candidates an opportunity of
*' obliging, by a method of expence which indicated
" their generosity, rather than an intention to cor-
'' rupt f ."
But whatever Murena's crime might be, the circum-
stance which chiefly favoured him was the difficulty
of the times, and a rebellion actually on foot ; which
made it neither safe nor prudent to deprive the city
iof a consul, who, by a military education, was the best
quahfied to defend it in so dangerous a crisis. This
point Cicero dwells much upon, declaring, " that he
*' undertook this cause, not so much for the sake of
** Murena, as of the peace, the liberty, the lives, and
'" safety of them all. Hear, hear," says he, '* your
" consul, who, not to speak arrogantly, thinks of no-
^' thing day and night but of the republic : Catiline
" does not despise us so far, as to hope to subdue this
" city with the force whicli he has carried out with
" him : the contagion is spread wider than you ima-
" gine : the Trojan horse is within our walls ; v/hich,
" while I am consul, shall never oppress you in your
" sleep. If it be asked then, what reason I have to
" fear Catiline ? none at all ; and I have taken care
*' that no body else need fear him : yet, I say, that
* Pro Murcn. 28. f Ibid. 36.
04
214 The LIFE of Sect. III.
*' we have cause to fear those troops of his, which I
" see in this very place. Nor is his army so much to
" be dreaded, as those who are said to have deserted
" it ; for in truth they are not deserted, but are left
" by him only as spies upon us, and placed as it were
" in ambush, to destroy us the more securely : all
" these want to see a worthy consul, an experienced
" general, a man both by nature and fortunes attach-
" ed to the interests of the republic, driven by your
" sentence from the guard and custody of the city *."
After urging this topic with great warmth and force,
he adds, *' We are now come to the crisis and extre-
" mity of our danger ; there is no resource or recove-
" ry for us, if we now miscarry ; it is no time to throw
" away any of the helps which we have,- but by all
" means possible to acquire more. The enemy is not
" on the banks of the Anio, which was thought so ter-
" rible in the Punic war, but in the city and the forum.
" Good Gods I (I cannot speak it without a sigh) there
" are some enemies in the very sanctuary ; some, I
" say, even in the senate I The Gods grant, that my
" colleague may quell this rebellion by our arms ;
" whilst I, in the gown, by the assistance of all the
" honest, will dispel the other dangers with which the
" city is now big. But what will become of us, if
*' they should slip through our hands into the new
" year ; and find but one consul in the republic, and
*' him employed, not in prosecuting the war, but in
*'" providing a colleague ? Then this plague of Cati-
*' line will break out in all its fury, spreading terror,
*' confusion, fire and sword through the cityf," &c.
* Pro IMuicn. 37. ' f Hid. •s9.
Sect. III. CICERO. 215
This consideration, so forcibly urged, of the necessity
of having two consuls for the guard of the city, at the
opening of the new year, had such weight with the
judges, that, without any deliberation, they unani-
mously acquitted Murena, and would not, as Cicero
says, so much as hear the accusation of men, the most
eminent and illustrious *.
Cicero had a strict intimacy all this while with Sul-
picius, whom he had served with all his interest in
this very contest for the consulship f . He had a great
friendship also with Cato, and the highest esteem of liis
integrity ; yet he not only defended this cause against
them both, but, to take off the prejudice of their au-
thority, laboured even to make them ridiculous ; ral-
lying the profession of Sulpicius as trifling and con-
temptible, the principles of Cato as absurd and im-
practicable, with so much humour and wit, that he
made the whole audience very merry, and forced Ca-
to cry out, " What a facetious consul have we J !'*
but what is more observable, the opposition of these
great men in an affair so interesting, gave no sort of
interruption to their friendship, which continued as
firm as ever to the end of their lives : and Cicero, who
lived the longest of them, shewed the real value that
he had for them both after their deaths, by procuring
public honours for the one, and writing the life and
praises of the other. Murena, too, though exposed to
so much danger by the prosecution, yet seems to have
* Defend! consul L. Murenam — nemo illorum judicum, clarls-
siinls viiis accusantibus, audlendum sibi de ambitu curavit, cum hel-
ium jam gerente Catilina, omnes, me auctore, duos consules Kalen-
dis Jan. scirent esse oportere. Ibid.
f Pro Muren. 3. % Plut. in Cato,
«i5 The LIFE of Sect. Ill,
retained no resentment of it ; but, during his consul-
ship, paid a great deference to the counsels of Cato^
and employed all his power to support him against the
violence of Metellus, his colleague in the tribunate.
This was a greatness of mind truly noble, and suitable
to the dignity of the persons ; not to be shocked by
the particular contradiction of their friends, when their
general views on both sides were laudable and virtu-
pus : yet this must not be wholly charged to the vir-
tue of the men, but to the diseiphne of the repubhc
itself, whicli, by a wise pohcy, imposed it as a duty on
its subjects to defend their fellow citizens in their dan-
gers, without regard to any friendships or engagement$
whatsoever*. The examples of this kind will be
more or less frequent in states, in proportion as the pu-
bHc good happens to be the ruhng principle ; for that
is a bond of union too firm to be broken by any little
differences about the measures of pursuing it : but
where private ambition and party zeal have the ascen-
dant, there every opposition must necessarily create
animosity, as it obstructs the acquisition of that good,
which is considered as the chief end of Hfe, private
benefit and advantage.
Before the trial of Murena, Cicero had pleaded ano-
ther cause of the same kind in the defence of C. Piso,
who had been consul four years before, and acquired
the character of a brave and vigorous magistrate : but
we have no remains of the speech, nor any thing more
said of it by Cicero, than that Piso was acquitted on
the account of his laudable behaviour in his consul-
* Hanc nobis a majoribus esse tradltam disciplinam, ut nulllus
amicitia ad piopiilsanda pericula impediremur. Pro Sylla, 17.
Sect. IH. CICERO. 217
ship *. We learn however from Sallust, that he was
accused: of oppression and extortion in his govern-
ment ; and that the prosecution was promoted chiefly
]yy J. Csesar, out of revenge for Piso's having arbitra-
rily punished one of his friends or clients in Cisalpine
Gaulf.
But to return to the affair of the conspiracy. Len-
tulus, and the rest, who were left in the city, were
preparing all things for the execution of their grand
design, and soliciting men of all ranks, who seemed
likely to favour their cause, or to be of any use to it :
among the rest, they agreed to make an attempt on
the ambassadors of the AUobroges ; a warlike, muti-
nous, faithless people, inhabiting the countries now
called Savoy and Dauphiny, greatly disaffected to the
Roman power, and already ripe for rebellion. These
ambassadors, who were preparing to return home,
much out of humour with the senate, and without a-
ny redress of the grievances which they were sent to
complain of, received the proposal at first very greedi-
ly, and promised to engage their nation to assist the
conspirators with what they principally wanted :f , a
good body of horse, whenever they should begin the
war ; but reflecting afterwards, in their cooler thoughts,
on the difficulty of the enterprise, and the danger of
involving' themselves and their country in so desperate
a cause, they resolved to discover Avhat they knew to
Q^ Fabius Sanga, the patron of their city, who imme-
diately gave intelhgence of it to the consul §.
* Pro Flacco, ^g. f Sallust. 49.
X Ut equitatum in Itallam quamprimum mitterent. In Catil. 5. 4.
j AUobroges diu incertum habuere, quidnam consllii caperent —
Itaque Q^ Fabio Sangce rem oranein, ut cognoverunt, aperiunt.
iSall. 41.
2i8 The LIFE of Sect. III.
Cicero's instructions upon it were, that the ambas-
sadors should continue to feign the same zeal which
they had hitherto shewn, and promise every thing that
was required of them, till they had got a full insight
into the extent of the plot, with distinct proofs against
the particular actors in it * : upon which, at their next
conference with the conspirators, they insisted on hav-
ing some credentials from them to shew to their peo-
ple at home, without which they would never be in-
duced to enter into an engagement so hazardous. This
was thought reasonable, and presently complied with;
and Vulturcius was appointed to go along with the
ambassadors, and introduce them to CatiUne on their
road, in order to confirm the agreement, and exchange
assurances also with him ; to whom Lentulus sent at
the same time a particular letter under his own hand
and seal, though without his name. Cicero being
punctually informed of all these facts, concerted pri-
vately with the ambassadors the time and manner of
their leaving Rome in the night, and that on the Mil-
vian bridge, about a mile from the city, they should
be arrested with their papers and letters about them,
by two of the praetors, L. Flaccus and C. Pontinius,
whom he had instructed for that purpose, and ordered
to lie in ambush near the place, with a strong guard of
friends and soldiers : all which was successfully exe-
cuted, and the whole company brought prisoners to
Cicero's house by break of day f .
* Cicero — legatis pratcipit, ut studium conjurationis veliementer
simulent, cseteros, adeant, bene poUiceantur, dentque operam, ut
ecs quam maxime manlfestus habeant. Ibid,
f L. riaccum et C. Pontinium prcetores — ad me vocavi, rem ex-
posLUj quid fieri placeret ostendi — occulte ad pontem Milviumper-
vcnerunt— ipsi ccrnprehcnsi ad me, cum jam dilucesccret, dcducuii-
tur. In Cantil. 3. 2.
Sect. in. CICERO. 219
The rumour of this accident presently drew a resort
of Cicero's principal friends about him, who advised
him to open the letters before he produced them in the
senate, lest, if nothing of moment were found in them,
it might be thought rash and imprudent to raise an
unnecessary terror and alarm through the city. But
he was too well informed of the contents, to fear any
censure of that kind ; and declared, that in a case of
public danger he thought it his duty to lay the mat-
ter entire before the public council *. He summoned
the senate therefore to meet immediately, and sent at
the same time for Gabinius, Statilius, Cethegus, and
Lentulus, who all came presently to his house, suspect-
ing nothing of the discovery ; and being informed also
of a quantity of arms provided by Cethegus for the
use of the conspiracy, he ordered C. Sulpicius, another
of the praetors, to go and search his house, where he
found a great number of swords and daggers, with o-
ther arms, all newly cleaned, and ready for present
service f .
With this preparation he set out to meet the senate
in the temple of Concord, with a numerous guard of
citizens, carrying the ambassadors and the conspirators
with him in custody : and after he had given the as-
sembly an account of the whole affair, Vulturcius was
* Cum summis et clarissimis hujus civitatis viris, qui, audita re,
frequentes ad me convenerant, literas a me prius aperiri, quam ad
senatum referrem, placeret, ne si nihil esset inventum, temere a me
tantus tumultus injectus civitati videretur, menegaviesse facturum,
ut de periculo publico non ad publicum concilium rem integram de-
ferrem. lb. 3, 3.
f Admonitu Allobrogum — C. Sulpicium — misi, qui ex sedibus
Cethegi, si quid telorum esset, efFerrct ; ex quibus ille maximum
sicaium numerum et gladiorum extulit. Ibid. it. Plutarch, in Cic*
sao The LIFE OF Sect. UL
called in to be examined separately ;' to whom Cicero,
by order of the house, offered a pardon and reward, if
he would faithfully discover all that he knew : upon
which, after some hesitation, he confessed, " that he
** had letters and instructions from Lentulus to Cati-
** line, to press him to accept the assistance of the
" slaves, and to lead his army with all expedition to-
" wards Rome, to the intent that, when it should be
" set on fire in different places, and the general mas-
" sacre begun, he might be at hand to intercept those
" who escaped, and join with his friends in the city *".
The ambassadors were examined next, who declar-
ed, " that they had received letters to their nation
" from Lentulus, Cethegus, and Statilius ; that these
" three, and L. Cassius also, required them to send a
" body of horse as soon as possible into Italy, declar-
" ing that they had no occasion for any foot : that
" Lentulus had assured them, from the Sibylhne books,
•' and the answers of southsayers, that he was the
" third Cornelius, who was destined to be master of
" Rome, as Cinna and Sylla had been before him ; and
" that this was the fatal year marked for the destruc-
" tion of the city and empire : that there w^as some
" dispute betwe.en Cethegus and the rest about the
" time of firing the city ; for while the rest were for
" fixing it on the feast of Saturn, or the middle of De-
" cember, Cethegus thought that day too remote and
" dilatory.'' The letters were then produced and
opened ; first that from Cethegus ; and, upon shew-
ing him the seal, he allowed it to be his ; it was writ-
ten with his own hand, and addressed to the senate
* In Cat. 3. 4..
Sect. III. CICERO. ^li
and people of the Allobroges, signifying, that he would
make good what he had promised to their ambassadors^
and entreating them also to perform what the ambas-
sadors had undertaken for them. He had been inter-
rogated just before, about the arms that were found at
his house ; to which he answered, that they were pro-
vided only for his curiosity, for he had always been
particularly fond of neat arms : but after this letter
was read, he was so dejected and confounded, that he
had nothing at all to say for himself. Statilius wa§
then brought in, and acknowledged his hand and seal ;
and when his letter was read, to the same purpose with
Cethegus's, he confessed it to be his own. — Then
Lentulus's letter was produced, and his seal likewise
owned by him ; which Cicero perceiving to be the
head of his grandfather, could not help expostulating
with him, that the very image of such an ancestor, so
remarkable for a singular love of his country, had not
reclaimed him from his traitorous designs. His letter
was of the same import with the other two ; but hav-
ing leave to speak for himself, he at first denied the
whole charge, and began to question the ambassadors
and Vulturcius, what business they ever had with him,
and on what occasion tliey ever came to his house ; to
which they gave clear and distinct answers ; signify-
ing by whom, and how often they had been introdu-
ced to him ; and then asked him in their turn, whe-
ther he had never mentioned any thing to them about
the Sibylline oracles ; upon which being confounded,
or infatuated rather by the sense of his guilt, he gave
a remarkable proof, as Cicero says, of the great force
of conscience ; for not only his usual parts and elo-
quence, but his impudence too, in which he outdid all
222
The life of Sect. III.
men, quite failed him ; so that he confessed his crime, ,
to the surprize of the whole assembly. Then Vultur-
cius desired, that the letter to Catihne, which Lentulus
had sent by him, might be opened ; where Lentulus
again, though greatly disordered, acknowledged his
hand and seal : it was written without any name, but
to this effect : " You will know who I am, from him
" whom I have sent to you. Take care to shew your-
" self a man ; and recollect in what a situation you
" are ; and consider what is now necessary for you.
" Be sure to make use of the assistance of all, even of
" the lowest." Gabinius was then introduced,
and behaved impudently for a while ; but at last de-
nied nothing of what the ambassadors charged him
with.
After the criminals and witnesses were withdrawn,
the senate went into a debate upon the state of the
repubhc, and came unanimously to the following re-
solution : " That public thanks should be decreed to
" Cicero in the amplest manner, by whose virtue, coun-
" cil, and providence, the republic was dehvered from
" the greatest dangers : that Flaccus and Pontinius, the
" pr^tors, should be thanked likewise for their vigour-
" ous and punctual execution of Cicero's orders : that
" Antonius, the other consul, should be praised, for
" having removed from his councils all those who were
*' concerned in the conspiracy : that Lentulus, after
*' having abdicated the praetorship, and divested him-
" self of liis robes, and Cethegus, Statilius, and Gabi-
*' nius, with their other accomplices also, when taken,
" Cassius, Ca^parius, Furius, Chilo, Umbrenus, should
*' be committed to safe custody ; and that a public
*' thanksgiving should be appointed in Cicero's name,
Sect. III. CICERO. ^23
*' for his having preserved the city from a conflagra-^
" tion, the citizens from a massacre, and Italy from a
" war *."
The senate being dismissed, Cicero v^ent directly
into the rostra, and gave the people an account of the
whole proceeding, in the manner as it is just related :
where he observed to them, " That the thanksgiving
" decreed in his name was the first which had ever
" been decreed to any man in the gown : that all o-
" ther thanksgivings had been appointed for some par-
" ticular services to the republic, this alone for saving
" it f : that by the seizure of these accomplices, all
- " Catihne's hopes were blasted at once ; for when he
" was driving GatiUne out of the city, he foresaw that
" if he was once removed, there would be nothing to
** apprehend from the drowsiness of Lentulus, the fat
" of Cassius, or the rashness of Cethegus : — that Cati-
" line was the life and soul of the conspiracy, who ne-
" ver took a thing to be done because he had ordered it ;
*' but always followed, sohcited, and saw it done him-
" self: that if he had not driven him from his secret
" plots into open rebellion, he could never have deli-
" vered the republic from its dangers, or never at least
" with so much ease and quiet : that Catiline would
" not have named the fatal day for their destruction
" so long before hand, nor ever suffered his hand and
" seal to be brought against him, as the manifest proof
* In Cat. 3. 5, 6.
f Quod mihi primum post banc urbem conditam togato conti •
git quae supplicatio, si cum caeteris conferatur, Quirites, hoc
interest, quod ca^tera bene gesta, haec una conservata republica
constituta est. Ibid. 6.
Vol. I. P
124 The life of Mct. IIL
*' of his guilt ; all which was so managed in his ab-
" sence, that no theft in any private house was ever
" more clearly detected than this whole conspiracy :
*'• that all this was the pure effect of a divine influence,
" not only for its being above the reach of human-
" council, but because the gods had so remarkably in-
" interposed in it, as to shew themselves almost visi^
" bly : for, not to mention the nightly streams of light
*' from the western sky, the blazing of the heavens,
** flashes of lightnhig, earthquakes, &-c. he could not
** omit what happened two years before, vJien the-
" turrets of the Capitol were struck down with light-
" ning ; how the southsayers, called together from all
" Etruria, declared that fire; slaughter, the overthrow
" of the laws, civil war, and the ruin of the city, were
" portended, unless some means were found out of ap-
*' peasing the gods : for which purpose they ordered a
" new and larger statue of Jupiter to be made, and to
" be placed in a position contrary to that of the for-
" mer image, with its face turning towards the east,
" intimating, that if it looked towards the rising surr,
" the forum, and the senate-house, then all plots a-
*' gainst the state would be detected so evidently, that
" all the world should see them :■ that upon this
" answer, the consuls of that year gave immediate or-
" ders for making and placing the statue^; but fi'om
" the slow progress of the work, neither they nor their
** successors, nor he himself, could get it finished till
" that very day ; on which, by the special influence
" of Jupiter, while the conspirators and witnesses were
" carried through the forum to the temple of Con-
" cord, in that very moment the statue was fixed in
" its place ; and being turned to look upon them and
Sect. IIL CICERO. 225
" the senate, both they and the senate saw the whole
" conspiracy detected. And can any man," says he^
" be such an enemy to truth, so rash, so mad, as to
" deny, that all things which we see, and above all,
" that this city is governed by the power and provi-
" dence of the gods *." He proceeds to observCj
" that the conspirators must needs be under a divine
" and judicial infatuation, and could never have trust-
*' ed affairs and letters of such monlent to men bar-
" barous and unknown to them, if the gods had not
*' confounded their senses : and that the ambassadors
*' of a nation so disaffected, and so able and willing to
" make war upon them, should shght the hopes
** of dominion, and the advantageous offers of men
" of Patrician rank, must needs be the effect of a di-'
" vine interposition, especially when they might
" have gained their ends, not by fighting, but by
" holding their tongues." He exhorts them, there-
fore, " to celebrate that thanksgiving-day religiously^
" with their wives and children f . That for all his
" pains and services, he desired no other reward or ho-
*' nour,. but the perpetual remembrance of that day :
" in this he placed all his triumphs and his glory, to
" have the memory of that day eternally propagated
" to the safety of the city, and the honour of his con-
*' sulship; to have it remembered, that there were
*' two citizens living at the same time in the republic,
" the one of whom was terminating the extent of the
" empire, by the bounds of the horizon itself, the o-
*' ther preserving the seat and centre of that empire J.
■ ' • - - ■ ■ ■ • • ■ • ■ ' ' ■' '—
* In Cat. 8, 9. f Ibid. 10. t Ibid. ii.
P 2
^26 The LIFE of Sect. IIL
" That his case, however, was different from that of
*' their generals abroad, who, as soon as they had con-
" quered their enemies, left them ; whereas it was his
" lot to live still among those whom he had subdued :
" that it ought to be their care, therefore, to see that
" the malice of those enemies should not hurt him,
" and that what he had been doing for their good,
" should not redound to his detriment ; though, as to
" himself, he had no cause to fear any thing, since
*' he should be protected by the guard of all honest
" men, by the dignity of the republic itself, by the
*' power of conscience, which all those must needs
*• violate, who should attempt to injure him: that he
** would never yield therefore to the audauciousness
** of any, but even provoke and attack all the wicked
*' and the profligate : yet if all their rage at last, when
*' repelled from the people, should run singly upon
*' him, they should consider what a discouragement it
*' would be hereafter to those who should expose them-
*' selves to danger for their safety. -That, for his
" part, he would ever support and defend in his pri^
*' vate condition, what he had acted in his consulship,
" and shew, that what he had done was not the elfect
*' of chance, but of virtue : that if any envy should be
" stirred up against him, it might hurt the envious,
*' but advance his glory. Lastly, since it was now^
*' night, 'he bade them all go home, and pray to Jupi-
*' ter, the guardian of them and the city ; and though
" the danger was now over, to keep the same watch
** in their houses as before, for fear of any surprise,
•* and he would take care that they should have no
** occasion to do it any longer."
Sect. III. CICERO. 227
While the prisoners were before the senate, Cicero
desired some of the senators, who could write short-
hand, to take notes of every thing that was said ; and
when the whole examination was finished, and redu-
ced into an act, he set all the clerks at work to trans-
cribe copies of it, which he dispersed presently through
Italy, and all the provinces, to prevent any invidious
misrepresentation of what was so clearly tittested and
confessed by the criminals themselves "*, who, for the
present, were committed to the free custody of the
magistrates and senators of their acquaintance f , till
the senate should come to a final resolution about
them. All this passed on the third of December, a
day of no small fatigue to Cicero, who, from break of
day till the evening, seems to have been engaged, v. ith-
out any refreshment, in examining the witnesses and
the criminals, and procuring the decree which was
consequent upon it ; and when that was over, in giv-
ing a narrative of the vv^hole transaction to the people,
who were waiting for that purpose in the forum. The
same night his wife Terentia, with the vestal virgins,
and the principal matrons of Rome, was performing
at home, according to annual custom, the mystic rites
of the goddess Bona, or the Good, to wliich no male
creature was ever admitted ; and till that function was
over, he was excluded also from his own house, and
* Constitui senatcres, qui omnium indicum dicta, intcrrogata,
responsa perscriberent : dcscribi ab omnibus statim librariis, dividi
passim et pervulgari atque edi populo Romano imperavi divisi
toti Italia^, emisi in omnes provincias. Pro Syil. 14, 15.
f Ut abdicate magistratu, Lentulus, i'temque Cititeri in liberie
aistodi'is habeantur. Itaque Lentulus, P. Lentulo Spintlieri, qui
turn cediiis erat j Cetlicgus Coriiificio, ^^cc. ballust. 47.
P 3
^^28 The LIFE of Sect. Ill,
forced to retire to a neighbour's, where, with a select
council of friends, he began to deliberate about the
method of punishing the traitors, when his wife came
in ail haste to inform him of a prodigy which had
happened among them ; for the sacrifice being over,
^nd the fire of the altar seemingly extinct, a bright
flame issued suddenly from the ashes, to the astonish-
ment of the company, upon which the vestal virgins
sent her away, to require him to pursue what he had
then in his thoughts, for the good of his country, since
the goddess, by this sign, had given great light to his
safety and glory *.
It is not improbable, that this pretended prodigy
was projected between Cicero and Terentia, whose
sister likewise being one of the vestal virgins, and
having the direction of the whole ceremony, might
help to effect, without suspicion, what had been pri-
vately concerted amongst them. For it was of great
use to Cicero, to possess the minds of the people, as
strongly as he could, with an apprehension of their
danger, for the sake of disposing them the more easi-
ly to approve the resolution that he had already ta-
ken in his mind, of putting the conspkators to death.
The day following, the senate ordered pubhc re-
wards to the ambassadors and Vulturcius, for their
faithful discoveries f ; and, by the vigour of their pro-
ceedings, seem.ed to shew an intention of treating their
prisoners with the last severity. The city in the
mean while was alanned with the rumour of fresh
* Plutarch, in C?c.
-f- Prsemia legatis Allobrogum, Titoque Vulturcio dedistis am-
ylksima. In Catil. 4. 3.
Sect. III. CICERO.
:29
plots, formed by the slaves and dependents of Lentu-
lus and Cethegus for the rescue of their masters * ;
which obliged Cicero to reinforce his guards ; and, for
the prevention of all such attempts, to put an end to
the whole affair, by bringing the question of their pu-
nishment, without farther delay, before the senate ;
which he summoned for that purpose the next morn-
ing.
The debate was of great delicacy and importance ;
to decide upon the lives of citizens of the first rank.
Capital punishments were rare and ever odious in
■Rome, whose laws were of all others the least sangui-
nary ; banishment, with confiscation of goods, being
the ordinary punishment for the greatest crimes. The
senate, indeed, as it has been i^aid above, , in cases of
:sudden and dangerous tumults, claimed the preroga-
tive of punishing the leaders with death by the autho-
rity of their own decrees : but this was looked upon
as a stretch of power, and an infringement of the
rights of the people, which nothing could excuse, but
the necessity of times, and the extremity of danger.
For there was an old law of Porcius Lseca, a tribune,
which granted to all criminals capitally condemned,
an appeal to the people ; and a later one of C.
Gracchus, to prohibit the taking away the life of any
citizen without a formal hearing before the people f :
* Liberti et paucl ex clientibus Lentuli opifices atqye servitia ia
vicis ad eum erlpiendiira soUicitabant.— Cethegus autem per nuncios
familiam, atque libertos suos, lectos et exercltatos in audaciam ora-
bat, ut, grege facto, cum telis ad sese irrumperent. Sallust. 50.
f Porcia lex virgis ab omnium civium Romanorum corpore amo-
yit libertatem civium lictori eripuit — C. Gracchus legem tulit,
ne de capite civium Romanorum injussu vestro judicaretur. Pro
Eabirio. 4.
P4
230 The LIFE of Sect. III.
so that some senators, who had concurred in all the
previous debates, withdrew themselves from this, to
shew their dislike of what they expected to be the is-
sue of it, and to have no hand in putting Roman ci-
tizens to death by a vote of the senate f . Here, then,
was ground enough for Cicero's enemies to act upon,
if extreme methods were pursued : he himself was a-
ware of it, and saw, that the public interest called for
the severest punishment, his private interest the gent-
lest ; yet he came resolved to sacrifice all regards for
his own quiet to the consideration of public safety.
As soon, therefore, as he had moved the question,
what was to be done with the conspirators ? Silanus,
the consul-elect, being called upon to speak the first,
advised, " that those who were then in custody, with
" the rest who should afterwards be taken, should all
" be put to death f ." To this all who spoke after
him readily assented, till it came to J. Caesar, then
prastor-elect, who, in an elegant and elaborate speech,
" treated that opinion, not as cruel ; since death," he
said, " was not a punishment, but relief to the miser-
*• able, and left no sense either of good or ill beyond
" it ; but as new and illegal, and contrary to the con-
" stitution of the republic : and though the heinous-
" ness of the crime would justify any severity, yet the
" example was dangerous in a free state ; and the sa-
" lutary use of arbitrary power in good hands, had
" been the cause of fatal mischiefs when it fell into
" bad ; of which he produced several instances, both
* Videro dc istis, qui se popiilares haberi volunt, abesse non
nemlnem, ne de capite videlicet Romani civis sentcntiam feiat. In
Ca'.il. 4. 5.
f Sallust. 50.
Sect. m. CICERO.
231
" in other cities and their own : and though no danger
" could be apprehended from these times, or from
" such a consul as Cicero; yet in other times, and under
" another consul, when the sword was once drawn by
" a decree of the senate, no man could promise what
" mischief it might do before it was sheathed again :
" his opinion therefore was, that the estates of the con-
" spirators should be confiscated, and their persons
" closely confined in the towns of Italy ; and that it
" should be criminal for any man to move the senate
" or the people for any favour towards them *."
These two contrary opinions being proposed, the
next question was, which of them should take place ?
Caesar's had made a great impression on the assembly,
and staggered even Silanus, who began to excuse and
mitigate the severity of his vote f ; and Cicero's friends
were going forwardly into it, as likely to create the
least trouble to Cicero himself, for whose future peace
and safety they began to be solicitous J : when Cice-
ro, observing the inclination of the house, and rising
up to put the question, made his fourth speech, which
now remains, on the subject of this transaction ; in
which he delivered his sentiments with all the skill
both of the orator and the statesman ; and, while he
seemed to shew a perfect neutrality, and, to give equal
commendation to both the opinions, was artfully la-
bouring all the while to turn the scale in favour of
vSilanus's, which he considered as a necessary example
* Salliist. 51.
f Ut Silanum, consulem deslgnatum non piguerit s&ntentiam
suam, quia mature turpe erat, interpretatlone ienire. Suet. J.
Cses. 24.
X Plutai-ch. in Cic,
23^ The life or Sect. III.
of severity }n the present circumstances of the repu-
bHc.
He declared, " That though it was a pleasure to
*' him to observe the concern and solicitude which the
" senate had expressed on his account, yet he begged
" of them to lay it all aside, and, without any regard
" to him, to think only of themselves and their fami-
" lies : that he was wiUing to suffer any persecution,
" if by his labours he could secure their dignity and
" safety : that his hfe had been often attempted in the
" forum, the field of Mars, the senate, his own house^
" and in his very bed : that for their quiet he had di-
" gested many things against his will, without speak-
" ing of them ; but, if the gods would grant issue to
" his consulship, of saving them from a massacre, the
" city from flames, all Italy from war, let what fate
^' soever attend himself, he would be content with
*' it *." He presses them, therefore, to " turn their
" whole care upon the state : that it was not a
" Gracchus, nor a Saturninus, who was now in judg-
" ment before them ; but traitors, whose design it was
*' .to destroy the city by fire, the senate and people by
*' a massacre ; who had solicited the Gauls, and the
" very slaves, to join with them in their treason, of
" which they had all been convicted by letters, hands,
" seals, and their own confessions *. That the se-
" nate, by several previous acts, had already condemn-
" ed them ; by their public thanks to him ; by depos-
*' ing Lentulus from his praetorship ; by committing
" them to custody ; by decreeing a thanksgiving ;
" by rewarding the witnesses ; but as if nothing had
* In Catil. 4. I.
Sect. HI. CICERO. ^33
" yet been done, he resolved to propose to them ane"W"
*' the question, both of the fact, and the punishment :
" that whatever they intended to do, it must be deter-
*' mined before night : for the mischief was spread
" wider than they imagined ; had not only infected
*' Italy, but crossed the Alps, and seized the provinces :
^* that it was not to be suppressed by delay and irre-
" solution, but by quick and vigorous measures f :
*' that there werq two opinions now before them ; the
" first, of Silanus, for putting the criminals to death :
^' the second, of Caesar, who, excepting death, was for
" every other way of punishing ; each, agreeably to
*' his dignity, and the importance of the cause, was
*' for treating them with the last severity : the one
** thought, that those, who ha4 attempted to deprive
" them all of life, and to extinguish the very name of
*' Rome, ought not to enjoy the benefit of Hving a mo-
" ment ; and he had shewed withal, that this punish-
*' ment had often been inflicted on seditious citizens :
** the other imagined, that death was not designed by
** the gods as a punishment, but the cure of our mise-
** ries ; so that the wise never suRered it unwillingly,
" the brave often sought it voluntarily ; but that bonds
*' and imprisonment, especially if perpetual, were con-
" trived for the punishment of detestable crimes : these
*' therefore he ordered to be provided for them in the
" great towns of Italy : yet in this proposal there seem-
*' ed to be some injustice, if the senate was to impose
" that burden upon the towns, or some difficulty, if
" they were only to desire it : yet if they thought fit
^* to decree it, he would undertake to find those who
* In Catil. 2, f Ibid. 3.
^34 The LIFE of Sect, IIL
" would not refuse to comply with it for the public
" good : that Caesar, by adding a penalty on the towns,
" if any of the criminals should escape, and enjoining
*' so horrible a confinement, without a possibility of
" being released from it, had deprived them of all
^' hope, the only comfort of unhappy mortals ; he had
" ordered their estates also to be confiscated, and left
** them nothing but life ; which if he had taken away,
" he would have eased them at once of all farther
*' pain, either of mind or body : for it was on this ac-
" count that the ancients invented those infernal pu-
" nishments of the dead ; to keep the wicked under
" some awe in this life, who without them would have
" no dread of death itself"^. That, for his own part,
" he saw how much it was his interest that they should
" follow Caesar's opinion, who had always pursued po-
" pular measures ; and, by being the author of that
*' vote, v/ould secure him from any attack of popular
" envy ; but if they followed Silanus's, he did not
** know what trouble it might create to himself; yet
" that the service of the repubhc ought to supersede
" all considerations of his danger : that Caesar, by this
" proposal, had given them a perpetual pledge of his*
" affection to the state ; and shewed the difference be-
" tween the affected lenity of their daily declaimers,
" and a mind truly popular, which sought nothing b\^t
*' the real good of the people : that he could not but
" observe, that one of those, who valued themselves
" on being popular, had absented himself from this
* Itaque ut aliqua in vita formido improbis esset posita, apud
inferos ejusmodi qucedam illi antiqui supplicia impiis constituta esse
voluerunt, quod videlicet intelligcbant, his rcmoti<;, non esse mor-
leni ipsam pertiinescendsm. In Calii. 4.
Sect. UI. CICERO. 235
" day's debate, that he might not give a vote upon
" the life of a citizen ; yet, by concurring with them
" in all their previous votes, he had already passed a
" judgment on the merits of the cause ; that as to «
" the objection urged by, Caesar, of Gracchus's law,
" forbidding to put citizens to death, it should be re-
" membered, that those, who were adjudged to be e-
** nemies, could no longer be considered as citizens ;
" and that the author of that law had himself suffered
" death by the order of the people : that since Cassar,
" a man of so mild and merciful a temper, had propos-
" ed so severe a punishment, if they should pass it
" into an act, they would give him a partner and com-
" panion, who would justify him to the people ; but if
" they preferred Silanus's opinion, it would be easy
" still to defend both them and himself, from any
" imputation of cruelty : for he would maintain it,
" after all, to be the gentler of the two ; and if
*' he seemed to be more eager than usual in this
" cause, it was not from any severity of temper, ^
*' for no man had less of it, but out of pure hu-
" manity and clemency." Then, after forming a
most dreadful image of " the city reduced to ashes, of
*' heaps of slaughtered citizens, of the cries of mothers
*' and their infants, the violation of the vestal virgins,
*' and the conspirators insulting over the ruins of their
" country ;" he affirms it to be " the greatest cruelty
" to the republic, to shev/ any lenity to the authors of
" such horrid v/ickedness ; unless they vrould call L.
" Caesar cruel, for declaring the other day in the se-
" nate, that Lentulus, who was his sister's husband,
" had deserved to die ; that they ought to be afraid
*' rather of being thought cruel for a remissness of
236 The life of Sect. llL
" punishing, than for any severity which could be used
" against such outrageous enemies : that he would not
" conceal from them what he had heard to be propa-
" gated through the city, that they had not sufficient
" force to support and execute their sentence * : but
" he assured them that all things of that kind were
" fully provided ; that the whole body of the people
" was assembled for their defence ; that the forum, the
" temples, and all the avenues of the senate were pos-
" sessed by their friends ; that the Equestrian order
" vied with the senate itself in their zeal for the re-
" public ; whom, after a dissension of m.any years,
" that day*s cause had entirely reconciled and united
" with them ; and if that union, which his consulship
*' had confirmed, was preserved and perpetuated, he
" was confident, that no civil or domestic evil could e-
" ver again disturb them f . That if any of them were
" shocked by the report of Lentulus's agents running
" up and down the streets, and soliciting the needy
" and silly to make some effort for his rescue ; the
" fact indeed was true, and the thing had been at-
" tempted ; but not a man so desperate, who did not
" prefer the possession of his shed, in which he work-
" ed, his little hut and bed in which he slept, to any
*' hopes of change from the public confusion : for all
" their subsistence depended on the peace and fulness
" of the city ; and if their gain would be interrupted
" by shutting up their shops, how much more would
" it be so by burning them ? — Since the people then
" were not wanting in their zeal and duty towards
" them, it was their part not to be wanting to the peo-
* Ibid. 6. t Ibid. 7.
Sect. IIL CtCERO. ^37
" pie *. That they had a consul snatched from vari--
" ous dangers and the jaws of death, not for the pro-
" pagation of his own Hfe, but of their security ; such
" a consul, as they would not always have, watchful
" for them, regardless of himself : they had also, what
" was never known before, the whole Roman people
" of one and the same mind : that they should reflect
" how one night had almost demolished the mighty
" fabric of their empire, raised by such pains and vir-
" tue of men, by such favour and kindness of the gods :
" that by their behaviour on that day, they were to
" provide, that the same thing should not only never
" be attempted, but not so much as thought of again
" by any citizen -j-. That as to himself, though he
*' had now drawn upon him the enmity of the whole
" band of conspirators, he looked upon them as a base,
" abject, contemptible faction ; but if, through the
" madness of any, it should ever rise again, so as to
" prevail against the senate and the republic, yet he
*^ should never be induced to repent of his present
** conduct ; for death, with which perhaps they would
" threaten him, was prepared for all men ; but none
" ever acquired that glory of life, which they had
" conferred upon him by their decrees : for to all o-
*' thers they decreed thanks for having served the re-
" public successfully ; to him alone for having saved
* it. He hoped, therefore, that there might be some
" place for his name among the Scipio's, Pauluss's,
" Marius's, Pompey's ; unless it were thought a great-
" er thing to open their way to new provinces, than
* In Catil. 8. In Catll. 9.
238 The life of Sect. IIL
" to provide that their conquerors should have a home
" at last to return to : that the condition, however, of
" a foreign victory was much better than of a domes-
" tic one ; since a foreign enemy, when conquered,
" was either made a slave or a friend : but when ci-
" tizens once turn rebels, and are baffled in their plots,
" one can neither keep them quiet by force, nor 0-
" bhge them by favours : that he had undertaken,
" therefore, an eternal war with all traitorous citizens;
" but was confident that it would never hurt either
" him or his, while the memory of their past dangers
" subsisted, or that there could be any force strong
" enough to overpower the present union of the senate
" and the knights * : That in lieu, therefore, of the
" command of armies and provinces, which he had
" declined ; of a triumph, and all other honours,
*' which he had refused ; he required nothing more
" from them, than the perpetual remembrance of his
" consulship ; while that continued fixed in their
'' minds, he should think himself impregnable : but
" if the violence of the factious should ever defeat his
" hopes, he recommended to him his infant son, and
" trusted, that it would be a sufficient guard, not on-
" ly of his safety, but of his dignity, to have it re-
" membered, that he was the son of one, who, at the
" hazard of his own life, had preserved the lives of
*' them all." He concludes, by exhorting them to
" act with the same courage which they had hitherto
" shewn through all this affair, and to proceed to some
" resolute and vigorous decree ; since their lives and
* In Catll. 10.
Sect. lit. CICERO.
^39
" liberties, the safety of the city, of Italy, and the
" whole empire, depended upon it."
This speech had the desired effect ; and Cicero, by
discovering his own incHnation, gave a turn to the in-
clination of the senate ; when Cato, one of the nevv
tribunes, rose up, and, after extolhng Cicero to the
skies *, and recommending to the assembly the au^
thority of his example and judgment, proceeded to
declare, agreeably to his temper and principles, " That
" he was surprised to see any debate about the pu-
" nishment of men, vAio had begun an actual war a-
" gainst their country : that their deliberation should
" be, how to secure themselves against them, rather
" than how to punish them : that other crimes might
" be punished after commission, but, unless this v/as
" prevented before its effect, it would be vain to seek
" a remedy after : that the debate was not about the
*' public revenues, or the oppressions of the alhes, but
" about their own lives and liberties ; not about the
" discipline or manners of the city, on wliich he had
" often delivered his mind in that place ; nor about
" the greatness or prosperity of theu' empire, but whe~
" ther they or their enemies should possess that em~
" pire ; and in such a case there could be no room
" for mercy : that they had long since lost and con-
*' founded the true names of things : to give away o-
" ther people's money was called generosity : and to
" attempt what was criminal, fortitude. But, if they
" must needs be generous, let it be from the spoils of
" the alhes ; if merciful, to the plunderers of the
* Quae omnia quia Cato laudibus extulerat In ccelum. [Ep. ad
Att. 12. 21.] ita Consulis virtutem amplificavit, ut universus sc-
natus in ejus sententiam transiret. Veil. Pat. 2.' 2;.
Vol. T. Q^
14^ The LIFE of Sect. IIL
^ treasury ; but let them not be prodigal of the blood ,
" of citizens, and, by sparing a few bad, destroy all the
" good : That Caesar, indeed, had spoken well and
" gravely concerning life and death ; taking all in-
*' fernal punishments for a fiction ; and ordering the
" criminals, therefore, to be confined in the corporate
" towns ; as if there was not more danger from them
" in those towns, than in Rome itself; and more en-
" couragem'ent to the attempts of the desperate, where
" there was less strength to resist them : so that his
*' proposal could be of no use, if he was really afraid
" of them : but if, in the general fear, he alone had
" none, there was the more reason for all the rest ta
" be afraid for themselves : that they were not deli-
" berating on the fate only of the conspirators, but of
" Catiline's whole army, which would be animated or
" dejected in proportion to the vigour or remissness of
*' their decrees : That it was not the arms of their an-
" cestors, which made Rome so great, but their dis-
" cipline and manners, which were now depraved and
" corrupted : that, in the extremity of danger, it was
" a shame to see them so indolent and irresolute, wait-
" ing for each other to speak first, and trusting, like
" women, to the gods, without doing any thing for
" themselves : that the help of the gods was not to
" be obtained by idle vows and suppHcations : that
" success attended the vigilant, the active, the provi-
" dent ; and when people gave themselves up to sloth
*' and laziness, it was in vain for them to pray ; they
" would find the gods angry with them : that the fla-
" gitious lives of the criminals confuted every argu-
" ment of mercy : that Catihne was hovering over
" them with an army ; while his accomphces were
Sect.IIL CICERO. 241
*' within the walls, and in the very heart of the city ;
" so that, whatever they determined, it could not be
" kept secret, which made it the more necessary to
*' determine quickly. Wherefore, his opinion was,
" that since the criminals had been convicted, both
" by testimony and their own confession, of a detest-
" able treason against the republic, they should suffer
" the punishment of death, according to the custom
" of their ancestors *."
Cato's authority, added to the impression which Ci-
cero had already made, put an end to the debate ;
and the senate, applauding his vigour and resolution,
resolved upon a decree in consequence of it f . And
though Silanus had first proposed that opinion, and was
followed in it by all the consular senators, yet they or-
dered the decree to be drawn in Cato's words, because
he had delivered himself more fully and explicitly
upon it than any of them J. The vote was no sooner
passed, than Cicero resolved to put it in execution, lest
the night, which was coming on, should produce any
new disturbance : he went directly, therefore, from
the senate, attended by a numerous guard of friends
and citizens, and took Lentulus from the custody of
his kinsman, Lentulus Spinther, and conveyed him
through the forum to the common prison, where he
delivered him to the executioners, who presently
strangled him. The other conspirators, Cethegus,
Statilius, and Gabinias, w^ere conducted to their exe-
cution by the praetors, and put to death in the same
manner, together with Ceparius, the only one of their
* Sallust. 52. f Ibid. ^^.
X Idclrco In ejus sententiani est facta discessio. Ad Att. I2. 2i.
0.2
242 The LIFE of Sect. III.
accomplices who was taken after the examination ^,
When the affair was over, Cicero was conducted home
in a kind of triumph by the whole body of the senate
and of the knights ; the streets being all illuminated,
and' the women and children at the windows, and on
the tops of houses, to see him pass along through infi-
nite acclamations of the multitude proclaiming him
their saviour and deliverer f .
This vras the fifth of December, that celebrated
day, of which Cicero used to boast of so much ever
after, as the most glorious of his life : and, it is cer-
tain, that Rome v.^as indebted to him on this day
for one of t*he greatest deliverances which it had ever
received since its foundation ; and which nothing, per-
haps, but his vigilance and sagacity could have so hap-
pily effected : for, from the first alarm of the plot, he
never rested night or day till he had got full informa-
tion of the cabals and councils of the conspirators J :
by which he easily baffled all their projects, and play-
ed with them as he pleased ; and, without any risk to
the public, could draw them on just far enough to
make their guilt manifest, and their ruin inevitable.
But his master-piece was the driving Catiline out of
Rome, and teazing him, as it v^^ere, into a rebellion,
before it was ripe, in hvopes that, by carrying out with
him his accomplices, he would clear the city at once
of the wliole faction ; or, by leaving them behind,
without his head to manage them, would expose them
to sure destruction by their own folly : for Catihne's
Ciiief trust was not on the or)en force which he had
* Sallust. ^^. f Plutarch, in Cic.
J In eo omnes dies, noctesque consumi, ut quid ngereat, quid
moHrentur, sentirem ac viderem. In Catil. ^.2.
Sect. HL. CICERO. 243
provided in the field, but on the success of his secret
practices in Rome, and on making himself master of
^the city ; the credit of which would have engaged to
him, of course, all the meaner sort, and induced all
others through Italy, who wished well to his cause,
to declare for him immediately : so that, when this
apprehension was over, by the seizure and punishment
of his associates, the senate thought the danger at an
end, and that they had nothing more to do, but to
vote thanksgivings and festivals ; looking upon Cati-
line's army as a crew only of fugitives, or banditti,
whom their forces w^ere sure to destroy v/henever they
could meet with them.
But Catiline was in condition still to make a stouter
resistance than they imagined : he had filled up his
troops to the number of two legions, or about twelve
thousand fighting men ; of which a fourth part only
was completely armed, the rest furnished with v/hat
chance offered, darts, lances, clubs. He refused at
first to inlist slaves, who flocked to him in great num-
bers, trusting to the proper strength of the conspiracy,
and knowing that he should quickly have soldiers
enough, if his friends performed their part at home "^.
'So that when the consul Antonius approached towards
him with his army, he shifted his quarters, and made
fi'equent motions and marches through the mountains,
sometimes towards Gaul, sometimes tovv^ards the city,
in order to avoid an engagement till he could hear
some news from Rome : but v/hen the fatal account
came of the death of Lentulus, and the rest, the face
* Sperabat propcdiem maguas copias sc babituruin, si Romce
so/::a inccpta patravissent — intcrea sevitia repudiabat. 'iallust. q6
O 3
244 The LIFE of Sect. III.
of his affairs began presently to change, and his army
to dwindle apace, by the desertion of those, whom
the hopes of victory and plunder had invited to his
camp. His first attempt, therefore, was, by long
marches and private roads through the Apennine, to
make his escape into Gaul : but (^ Metellus, who
had been sent thither before by Cicero, imagining
that he would take that resolution, had secured all
the passes, and posted himself so advantageously, with
an army of three legions, that it was impossible for
him to force his way on that side ; whilst, on the o-
ther, the consul Antonius, with a much greater force,
blocked him up behind, and enclosed him within the
mountains "* : Antonius himself had no inclination to
fight, or at least with Catiline ; but would willingly
have given him an opportunity to escape, had not his
quaestor, Sextius, who was Cicero's creature, and his
lieutenant Petreius, urged him on, against his will, so
force Catiline to the necessity of a battle f ; who see-
ing all things desperate, and nothing left but either to
die or conquer, resolved to try his fortune against An-
tonius, though much the stronger, rather than Metel-
lus ; in hopes still, that, out of regard to their former
engagements, he might possibly contrive some way
* Sallust. 57.
-f- Hoc breve dlcam : Si M. Petreii non excellens animo et amo-
re Reip. virtus, non summa auctoritas apud milites, .non mirificus
usus in re militari extitisset, neque adjutor ei P. Sextius ad exci-
tandum Antonium, cohortandum, ac impellendem fuisset, datus
jllo in belle esset hiemi locus, &.c.
Sextius, cum suo exercitu, summa celeritate est Antonium con-
secutus. Hie ego quid pratrdicem, quibus rebus consulem ad rem
gcrendam excitarit ; quod stimulus admoverit, &:c. Pro Sext. 5-
&CT. IIL CICERO. %^^
at last, of throwing the victory into his hai>ds *, But
Antonius happened to be seized at that very time
with a fit of the gout, or pretended at least to be so,
that he might have no share in the destruction of an
old friend : so that the command fell, of course, to a
much better soldier, and honester man, Petreius ; who,
after a sharp and bloody action, in which he lost a
considerable part of his best troops, destroyed Catiline
and his whole army, fighting desperately to the last
man f. They all fell in the very ranks in which they
stood, and, as if inspired with the genuine spirit of
their leader, fought, not so much to conquer, as to
sell their lives as dear as they could, and, as Catiline
had threatened in the senate, to mingle the public ca-
lamity with their own ruin.
Thus ended this famed conspiracy ; in which some
of the greatest men in Rome were suspected to be pri-
vately engaged, particularly Crassus and C^sar : they
v/ere both influenced by the same motive, and might
hope, perhaps, by their interest in the city, to advance
themselves, in the general confusion, to that sovereign
power which they aimed at. Crassus, who had always
been Cicero's enemy, by an officiousness of bringing
letters and intelligence to him during the alarm of
the plot, seemed to betray a consciousness of some
guilt X ; and Caesar's whole life made it probable, that
there could hardly be any plot in which he had not
some share ; and in this there was so general a suspi-
cion upon him, especially after his speech in favour of
]. 37. p. 47.
f Sallust. 59. t Plutarch, in Cic.
Q.4
246 The life of Sect. III.
the criminals, that he had some difficulty to escape
with hfe from the rage of the knights, who guarded
the avenues of the senate ; where he durst not ven-
ture to appear any more, till he entered upon his prae-
torship with the nev/ year *. Crassus was actually
accused by one Tarquinius, who was taken upon the
road as he was going to Catiline, and, upon promise of
pardon, made a discovery of what he knew : where,
after confirming what the other witnesses had depos-
ed, he added, that he was sent by Crassus to Catiline,
with advice to him, not ito be discouraged by the seiz-
ure of his accomplices, but to make the greater haste,
for that reason,* to the city, in order to rescue them,
and revive the spirits of his other friends. At the
name of Crassus, the senate was so shocked, that they
would hear the man no farther ; but calling upon Ci-
cero to put the question, and take the sense of the
liouse upon it, they voted Tarquinius's evidence to be
false, and ordered him to be kept in chains, not to be
produced again before them, till he would confess
who it was that had suborned him f . Crassus declar-
ed afterwards, in the hearing of Sallust, that Cicero
was the contriver of this affront upon him f . But
that does not seem probable, since it was Cicero's con-
stant maxim, as he frequently intimates in his speeches,
to mitigate and reclaim all men of credit by gentle
* Uti nonnulli Eqiiites Romam, qui praisidii causa cum telis
erant circum a.dem Concordice — egredienti ex senatu Ceesari gladio
minitarentur. Sallust. 49. Vix pauci complexu, togaque objecta
protexerint. Tunc plane deterritus non modo cessic, sed etiam in
reliquum anni tempus curia abstinuit. Sueton. J. Ctes. 14.
f Sallust. 48.
X Ipsum Crassum ego postea proedlcantem audivi, tantam iVisin
«~r,ri;i;r,icliaiTri sibl i! C'i<.crc)i:e iinpor.itani. Ibid,
Sect. UL CICERO. ^47
Hfiethods, rather than make them desperate by an un-
seasonable severity ; and in the general contagion of
the city, not to cut off, but to heal every part that
was curable. So that when some information was gi-
ven likewise against Caesar, he chose to stifle it, and
could" not be persuaded to charge him with the plot,
by the most pressing solicitations of Catulus and Piso,
who were both his particular enemies, the one for the
loss of the high priesthood, the other for the impeach-
ment above mentioned *.
Whilst the sense of all these services was fresh, Ci-
cero was repaid for them to the full of his wishes, and
in the very way that he desired, by the warm and
grateful applauses of all orders of the city. For, be-
sides the honours already mentioned, L. Gellius, who
had been consul and censor, said in a speech to the
senate, " That the republic owed him a civic crown,
*' for having saved them all from ruin f :" and Catu-
lus, in a full house, declared him the father of his,
country J ; as Cato did hkewise from the rostra, with
the loud acclamations of the whole people || : whence
Pliny, in honour of his memory, cries out, " Hail thou,
" who wast first saluted the parent of thy country L"
This title, the most glorious which a mortal can wear,
was from this precedent usurped afterwards by those
* Appian. bell. civ. 1. 2. p. 430. Sallust. 49.
f -L. Gellius, his audientibus, civicam coronam deberi a repu-
blica dixit. In Pison. 3. it. A. Gel. 5, 6.
i Me Q^ Catulus, princeps hujus ordinis, frequentissimo senatu
Parentem PxItri^ nominavit. In Pis. 3.
II Plutarcli. in Cic. — Kurofvo^ S' otvrov kcci Tra\i^oc rvig ttccIpi^o^ Trpoar-
uyc^iva-uvrog l7ri^ovi<riv 0 oyi^o^. Appian. p. 43 1.
§ Salve, primus omnium parens patriae appellate, &c. Plin.
Hist. N. 7. 30.
The life of (Sect. Ill,
who, of all mortals, deserved it the least, the empe-,
rors, proud to extort from slaves and flatterers what
Cicero obtained from the free vote of the senate and
people of Rome.
■Ro7na parent em ^
Kama pair em pair ice Ciceronem libra dixit,
Juv. 8,
Thee, Cicero, Rome, while free, nor jet enthrall-d
To tyrant's will, thy Country's Parent call'd.
All the towns of Italy followed the example of the
metropolis, in decreeing extraordinary honours to him,
and Capua in particular chose him their patron, and
erected a gilt statue to him *.
Sallust, who allows him the character of an excel-
lent consul, says not a word of any of these honours,
nor gives him any greater share of praise than what
could not be dissembled by an historian. There are
two obvious reasons for this reservedness ; first, the
personal emnity which, according to tradition, subsist-
ed between them ; secondly, the time of publishing
his history, in the reign of Augustus, while the name
of Cicero was still obnoxious to envy. The other con-
sul Antonius had but a small share of the thanks and
honours which were decreed upon this occasion : he
was known to have been embarked in the same cause
with Catiline, and considered as acting only under a
tutor, and doing penance, as it were, for past offences ;
so that all the notice which was taken of him by the
senate, was to pay him the slight compliment above
* Me inaurata statua donarunt : me patronum unum adscieve-
rant. In Pis. ii.
Sect. HI. CICERO. M9
mentioned, for having removed his late profligate com-
panions from his friendship and councils f .
Cicero made two new laws this year ; the one, as it
has been said, against bribery in elections ; the other, to
correct the abuse of a privilege called Legatlo libera ;
that is, an honorary legation or embassy, granted arbi-
trarily by the senate to any of its members, when they
travelled abroad on their private aiFairs, in order to give
them a public character, and a right to be treated as
ambassadors or magistrates, Vv^hich, by the insolence of
these great guests, was become a grievous burden up-
on all the states and cities through which they passed.
Cicero's design was to abohsh it, but being driven
from that by one of the tribunes, he was content to
restrain the continuance of it, which before was unli-
mited, to the term of one year J.
At his first entrance into his office, L. LucuUus was
soliciting the demand of a triumph for his victories
over Mithridates, in which he had been obstructed
three years sucessively, by the intrigues of some of
the magistrates *, who paid their court to Pom-
pey, by putting this affront upon his rival. By the
law and custom of the republic, no general, while he
was in actual command, could come within the gates
of Rome, without forfeiting his commission, and con-
f Atque etiam collegce meo laus impertltur, quod eos qui hujus
conjurationis participes fuissent, a suis et a leip. consiliis removis-
set. In Catil. 3. 6.
:|: Jam illud apertum est, nihil esse turpius, quam quenquam le-
gari nisi reipub. causa — quod qiildem genus legationis ego consul,
quanquam ad commodum senatus pertinere videatur, tarnen adpro--
bante senatu frequentissimo, nisi mihi levis tribunus plebis turn in-
tercessisset, sustulissem : minui tamen tempus, et quod erat infini-
tum, annuum feci. De leg. 3.8.
* Plutarch, in LucuU.
2S0 The LIFE of Sect. III.
sequently all pretensions to a triumph, so that Lucul-
lus continued all this time in the suburbs, till the af-
fair was decided. The senate favoured his suit, and
were solicitous for him f ; but could not prevail, till
Cicero's authority at last helped to introduce his tri-
umphal carr into the city J, making him some amends
by this service, for the injury of the Manilian law,
which had deprived liim of his government. Af-
ter his triumph, he entertained the whole Roman peo-
ple with a sumptuous feast, and was much carressed
by the nobility, as one whose authority would be a
proper check to the ambition and power of Pompey :
but having now obtained all the honours which he
could reasonably hope for in life, and observing the
turbulent and distracted state of the city, he withdrew
himself not long after from pubhc affairs, to spend the
remainder of his days in a polite and splendid retreat *.
He was a generous patron of learning, and himself e-
minently learned ; so that his house was the constant
resort of the principal scholars and wits of Greece and
"Rome, where he had provided a well furnished library,
with porticos and galleries annexed, for the convenience
of walks and literary conferences, at which he himself
used frequently to assist, giving an example to the
world of a life truly noble and elegant, if it had not
been sullied by too great a tincture of Asiatic softness,
and epicurean luxury.
f Plutarch, in Lucull.
X Cum victor a Mithridatico bello revertisset, inimicorum ca-
lumnia triennio tardius, quam debuerat, triumphavit. Nos enim
consules introduximus pciene in urbem currum clarissimi viri. Aca-
dem. 1. 2. I.
* Piutarch. in Lucull.
Sect. m. CICERO. 25!
After this act of justice to Lucullus, Cicero had an
opportunity, before the expiration of his consulship, to
pay all due honour likewise to his friend Pompey,
who, since he last left Rome, had gloriously finished
the Piratic and the Mithridatic war, by the destruc-
tion of Mithridates himself: upon the receipt of which
news, the senate, at the motion of Cicero, decreed a
public thanksgiving, in his name, of ten days, which
was twice as long as had ever been decreed before to
any general, even to Marius himself, for his Cimbric
victory f .
But before we close the account of the memorable
events of this year, we must not omit the mention of
one which distinguished it afterwards as a particular
sera in the annals of Rome, the birth of Octavius, sur-
named Augustus, which happened on the twenty-
third of September. Velleius calls it an accession of
glory to Cicero's consulship J : but it excites specula-
tions rather of a different sort, on the inscrutable me-
thods of Proyidence, and the shr.rt sighted policy of
man, that in the moment when Rome was preserved
from destruction, and its liberty thought to be esta-
blished more firm^Iy than ever, an infant should be
thrown into the world, who, within the course of
twenty years, effected what Catiline had attempted,
and destroyed both Cicero and the republic. If Rome
could have been saved by human council, it would
have been saved by the skill of Cicero : but its desti-
f Qiio consule referente, primum decern dies supplicatio decre-
ta Cn. Pompeio Mithridate interfecto *, cujus sententia primum
duplicata est supplicatio consularis. De pro\inc. Consular, xi.
X Consulatui Ciceronis non mediocre adjecit decus, natus eo
^raio 1). Augustus. Veli. 2. ^6. Suet. c. 5. Dio, p. 590.
25? The LIFE of Sect. IIL
ny was now approaching : for governments, like na-
tural bodies, have, with the principles of their preser-
vation, the seeds of ruin also essentially mixed in their
constitution, which, after a certain period, begin to
operate, and exert themselves to the dissolution of the
vital frame. These seeds had long been fermenting
in the bowels of the repubhc, when Octavius came,
peculiarly formed by nature, and instructed by art,
to quicken their operation, and exalt them to their
maturity.
Cicero's administration was now at an end, and no-
thing remained but to resign the consulship, accord-
ing to custom, in an assembly of the people, and to
take the usual oath, of his having discharged it with
fidehty. This was generally accompanied with a
speech from the expiring consul ; and after such a
year, and from such a speaker, the city was in no
small expectation of what Cicero would say to them :
but Metellus, one of the new tribunes, who affected
commonly to open their magistracy by some remark-
able act, as a specimen of the measures which they
intended to pursue, resolved to disappoint both the
orator and the audience : for when Cicero had mount-
ed the rostra, and was ready to perform this last act
of his office, the tribune would not suffer him to speak,
or to do any thing more than barely to take the oath,
declaring, that he who had put citizens to death un-
heard, ought not to be permitted to speak for himself:
upon which Cicero, who was never at a loss, instead
of pronouncing the ordinary form of the oath, exalting
the tone of his voice, swore out aloud, so as all the
people might hear him, that be had saved the republic
and the city from ruin ; which the multitude below
Sect. m. CICERO.
^51
confirmed with an universal shout, and with one voice
cried out, that what be had sworn was true *. Thus"
the intended affront was turned, by his presence of
mind, to his greater honour, and he was conducted
from the forum to his house, with all possible demon-
strations of respect by the whole city.
* Ego cum in condone, abiens maglstratu, dicere a tribuno ple^
bis prohiberer, quse constitueram : cumque is mihi, tantummodo ut
jurarem, permitteret, sine ulla dubitatione juravi, rempublicam at-
que banc urbem mea unius opera esse salvam. Mihi populus Ro-
manus iiniversus non unius diei gratulationem, sed aeternitatem im-
moitalitatemque donavit, cum meum jusjurandum tale atque tari-
tum juratus ipse una voce et consensu approbavit. Quo quidem
tempore is meus domum fuit e foro reditus, ut nemo, nisi qui me-
cum esset, civium esse in numero videretur. In Pison. 3.
Cum ille mihi nihil nisi ut jurarem permitteret, magna voce ju-
ravi verissimum pulcherrimumque jusjurandum : quod populus item
magna voce me vere jurasse juravit. Ep. fam. 5. 2.
Etenim pauUo ante in concione dixerat, ei, qui in alios animad-
vertisset indicta causa, dicendi ipsi potestatem. fieri non oportere.
Ibid.
254 The LIFE of Sect, IV.
SECTION IV.
A* Urb. 691. Cic. 45. Coss. — D. Junius Silanus. L. Licinius Murena.
'ICERO being now reduced to the condition of a pri-
vate senator, was to take his place on that venerable
Bench of Consulars, who were justly reckoned the first
citizens of the republic. They delivered their opi-
nions the first always in the senate, and commonly de-
termined the opinions of the rest ; for as they had pas-
sed through all the public offices, and been conver-
sant in every branch of the administration, so their
experience gave them great authority in all debates ;
and having little or nothing farther to expect for them-
selves, they were esteemed not only the most know-
ing, but, generally speaking, the most disinterested of
all the other senators, and to have no other view in
their deliberation, but the peace and prosperity of the
republic.
This v/as a station exactly suited to Cicero's temper
and wishes : he desired no foreign governments, or
command of armies ; his province was the senate and
the forum ; to guard, as it were, the vitals of the em-
pire, and to direct all its councils to their proper end,
the general good; and in this advanced post of a
Consular Senator^ as in a watch-tower of the state, to
observe each threatening cloud and rising storm, and
give the alarm to his fellow-citizens, from what quar-
ter it was coming, and by what means its effect^
Sect. IV. CICERO.
^5S
A. Urb. 961. Cic. 45. Coss.—D. Junius Silanus. L. Lucinius Murena.
might be prevented *. This, as he frequently inti-
mates, was the only glory that he sought, the comfort
with which he flattered himself* that, after a life of
ambition and fatigue, and a course of faithful services
to the republic, he should enjoy a quiet and secure
old age, beloved and honoured by his countrymen, as
the constant champion and defender of ail their rights
and liberties. But he soon found himself mistaken,
and, before he had quitted his office, began to feel the
weight of that envy, which is the certain fruit of il-
lustrious merit : for the vigour of his consulship had
raised such a zeal and union of all the honest in the
defence of the laws, that, till this spirit could be bro-
ken, or subside again, it was in vain for the ambitious
to aim at any power, but through the ordinary forms
of the constitution, especially while he, who was the
soul of that union, continued to flourish in full credit
at the head of the senate. He was now, therefore, the
common mark, not only of all the factions, against
whom he had declared perpetual war, but of another
party, not less dangerous, the envious too, whose unit-
ed spleen never left pursuing him from this moment,
till they had driven him out of that city which he had
so lately preserved.
The tribune Metellus began the attack, a fit leader
for the purpose, who, from the nobility of his birth,
and the authority of his office, was the most likely to
* Idcirco In hac custodia et tanquam in specula coUocati sumus,
ut vacuum omni mctu populum Romanum nostra vigilia et prospi-
cientia redderemus. Phil. 7. 7.
Vol. I. Pv
25^ The LIFE of Sect. IX^.
A. Urb. 691. Cic. 45. Coss.---D. Junius Silanus. L. Lucinius Murena.
Stir up some ill humour against him, by insulting and
reviling him in all his harangues, for putting citizens
to death without a trial; in all which he was strenu-
ously supported by Caesar, who pushed him on like-
wise to the promulgation of several pestilent laws,
which gave great disturbance to the senate. Cicero
had no inclination to enter into a contest with the tri-
bune, but took some pains to make up the matter
with him by the interposition of the women-, particu-
larly of Claudia, the wife of his brother Metellus, and
of their sister Mucia, the wife of Pompey : he employ-
ed also several good friends to persuade him to be
quiet, and desist from his rashness ; but his answer
was, that he was too far engaged, and had put it out
of his power * : so that Cicero had nothing left, but
to exert all his vigour and eloquence to repel the in^
solence of this petulant magistrate.
Caesar at the same time was attacking Catulus with
no less violence, and being now in possession of the
pra^torship, made it the first act of his office, to call
him to an account " for embezzling the public mo-
" ney in rebuilding the Capitol ;" and proposed also a
kuv, " to efface his name from the fabric, and grant
" the commission for finishing what remained to Pom-
*' pey :" but the senate bestirred themselves so 'v^arm-
ly in the cause, that Caesar was obliged to drop it f .
This experiment convinced the two magistrates, that
it was not possible for them to make head against the
authoritv of the senate, without the help of Pompey.
* Quibus ille respondlt, sibi non esse integram. Ep. fura. 5. z.
f Sueton. j. Ca;s. 15. Dio, 1. 37. p. 49.
Sect. IV. CICERO. 257
-
A, Urb. 691. Cic. 45. Cocs.-— D. Junius Silanus. L. Lucinius Murena.
whom they resolved, therefore, by all the arts of ad-
dress and flattery, to draw into their measures. With
this view Metellus pubHshed a law, " to call him home
" with his army, in order to settle the state, and quiet
" the public disorders raised by the temerity of Ci-
" cero X :'* for, by throwing all power into his hands,
they hoped to come in for a share of it with him, or
to embroil him at least with the senate, by exciting
mutual jealousies between them : but their law was
thought to be of so dangerous a tendency, that the
senate changed their habit upon it, as in the case of a
public calamity ; and by the help of some of the tri-
bunes, particularly of Gato, resolved to oppose it to the
utmost of their power : so that as soon as Metellus be-
gan to read it to the people, Cato snatched it away
from him ; and when he proceeded still to pronounce
it by heart, Minucius, another tribune, stopped his
mouth with his hand. This threw the assembly into
confusion, and raised great commotions in the city,
till the senate, finding themselves supported by the
better sort of all ranks, came to a new and vigorous
resolution, of suspending both Cissar and Metellus from
the execution of their offices ^,
Caesar resolved at first to act in defiance of them,
but, finding a strong force prepared to controul him,
thought it more adviseable to retire, and reserve the
trial of arms till he was better provided for it : he
t Dio, ib. Plut. In Cic.
* Donee ambo administratione reipub. decretg patrUm summo-
verentur. Sueton. J. Cks. i6.
'^5^ The LIFE of Sect. JV
A. Urb. 691. Cic. 45. Coss. — D. Junius Silanus. L. Lucinius Murena.
shut himself up therefore in his house, where, by a
prudent and submissive behaviour, he soon made his
peace, and got the decree of their suspension revers-
ed f . But Metellus, as it was concerted probably be-
tween them, fled away to his brother Pompey :[:, that,
by misrepresenting the state of things at home, and
offering every thing on the part of the people, he
might instil into him some prejudices against the im-
moderate power of Cicero and the senate, and engage
him, if possible, to declare for the popular interest.
Cicero, in the mean while, published an invective ora-
tion against Metellus, which is mentioned in his e-
pistles under the title of Metellina ^ : it was spoken
in the senate, in answer ta a speech which Metellus
had made to the people, and is often cited by Quin-
tilian and others f , as extant in their time.
The senate having gained this victory over Caesar
and Metellus, by obliging, the one to submit, the other
to leave the city, (^ Metellus Celer, who commanded
in Cisalpine Gaul, wrote a peevish and complaining
letter to his friend Cicero, upon their treating his bro-
ther the tribune so severely : to which Cicero answer-
ed with that freedom which a consciousness of integri-
ty naturally dictates, yet with all that humihty which
f Ut comperit paratos, qui vi ac per arma piohiberent, dimissis
li^toribus, abjectaque pr^etexta, domum clam refugit, pro condi-
tione temporum quieturas — quod cum pr^eter opinionem evenisset,
senatus — accitum in curiam et amplissimis verbis collaudatum, in
integrum restituit, inducto priore decreto. Sueton. Ibid.
% Plutarch, in Cicer.
* In illam orationem Metellinam addidi quaedam j liber tibi mit-
tetur. Att. I. 13.
f Quint. 1. 9. 3. A. Gellius 18. 7.
Sect. IV. CICERO. 259
A. Urb. 691.' Cic. 45. Coss. — D. Junius Silanus. L. I.utiiiius Murena.
tlie sincerest friendship inspires, as the reader will ob-
serve from the letter itself, which affords many in-
structive hints, both historical and moral.
M. T. Cicero to (^ Metellus Celer, Proconsul.
" You write me word, that, considering our mutual
" affection and late reconciliation, you never imagin-
*' ed that you should be made the subject of public jest
*' and ridicule by me. I do not well understand what
" you mean, yet guess that you have been told, that,
" when I was speaking one day in the senate of many
" who were sorry for my having preserved the repu-
" blic, I said, that certain relations of yours, to whom
" you could refuse nothing, had prevailed with you to
" suppress what you had prepared to say in the senate
" in praise of me : when I said this, I added, that, in
*' the affair of saving the state, I had divided the task
'' with you in such a manner, that I was to secure the
" city from intestine dangers, you to defend Italy from
" the open arms and secret plots of our enemies ; but
" that this glorious partnership had been broken by
" your friends, who were afraid of your making me
" the least return for the greatest honours and services
" which you had received from me. In the same dis-
" course, when I was describing the expectation which
" I had conceived of your speech, and how much I
" was disappointed by it, it seemed to divert the house,
" and a moderate laugh ensued ; not upon you, but
*^ on my mistake, and the frank and ingenuous con-
** fession of my desire to be praised by you. Now in
R 3
56o The LIFE of Sect. IV.
■ -
A. Urb. 691. Cic. 45. Coss.--D. Junius Silanus. L. Lucinius Murena.
" this it must needs be owned, that nothing could be
" said more honourably towards you, when, in the most
" shining and illustrious part of my life, I wanted still
" to have the testimony of your commendation. As
" to what you say of our mutual affection, I do not
" know what you reckon mutual in friendship, but I
•^ take it to be this ; when we repay the same good
" offices which we receive : Should I tell you then,
*' that I gave up my province for your sake, you might
'* justly suspect my sincerity : it suited my temper
" and circumstances, and I find more and more reason
" every day to be pleased with it : but this I can tell
*' you, that I no sooner resigned it in an assembly of
" the people, than I began to contrive how to throw
*' it into your hands, I say nothing about the man-
*' ner of drawing your lots, but would have you only
*' believe, that there is nothing done in it by my col-
" league without my privity. Pray recollect what fol-
" lowed, how quickly I assembled the senate after
*' your allotment, how much I said in favour of you,
" when you yourself told me, that my speech was not
" only honourable to you, but even injurious to your
*' colleagues. Then as to the decree which passed
*' that day in the senate, it is drawn in such a strain^
" that, as long as it subsists, my good offices to you can
*' never be a secret. After your departure, I desire
*' you also to recollect wliat I did for you in the se-
*' nate, what I said of you to the people, v/hat I wrote
*' to you' myself; and when you have laid all these
" things together, I leave it to you to judge, whether
*' rat your last coming to Rome you made a suitable
Sect. IV. CICERO. ^6i
A. Urb. 691. Cic. 45. Coss. — D. Junius Silanus. L. Lucinius Murena.
^' return to them. You mention a reconciliation be-
" tween us, but I do not comprehend how a friend-
" ship can be said to be reconciled, which was never
^' interrupted. As to what you write, that your bro-
*' ther ought not to have been treated by me so rough-
•*' ly for a word : In the first place, I beg of you to be-
" lieve, that I am exceedingly pleased with that affec-
" tionate and fraternal disposition of yours, so full of
'" humanity and piety ; and, in the second, to forgive
" me, if in any case I have acted against your brotlier,
** for the service of the republic, to which no man can
*' be a warmer friend than myself: but if I have been
" acting only on the defensive, against his most cruel
" attacks, you may think yourself well used, that I
" have never yet troubled you with any complaints a-
^' gainst him. As soon as I found that he was pre-
** paring to turn tCke whole force of his tribunate to
*' my destruction, I applied myself to your wife Clau-
" dia, and your sister Mucia, v/hose zeal for my ser-
*' vice I had often experienced, on the account of my
" familiarity with Pompey, to dissuade him from that
" outrage": but he, as I am sure you have heard, on
•** the last day of the year, put such an affront upon
^' me, when consul, and after having saved the state,
" as had never been offered to any magistrate, the
" most traitorously affected, by depriving me of the
" liberty of speaking to the people upon laying down
" my office. But his insult turned only to my great-
■" er honour : for when he would not suffer me to do
■" apy thbvr more than swear, I swore v/ith a loud
a. 4
The life of Sect. IV,
A. Urb. &91. Cic. 45. Coss. — D. Junius Silauus. L. Luciuius Murena.
" voice the vtruest, as well as the noblest of all oaths :
" while the people, with acclamations, swore likewise
■' that my oath was true. After so signal an injury,
" I sent to him the very same day some of our com-
*' mon friends, to press him to desist from his resolu-
" tion of pursuing me ; but his answer was, that it was
" not then in his power : for he had said a few days
" before, in a speech to the people, that be who had
" punished others without a hearings ought not to be
** suffered to speak for himself. Worthy patriot, and
" excellent citizen ! to adjudge the man who had pre-
" served the senate from a massacre, the city from fire,
" and Italy from a war, to the same punishment which
*' the senate, with the consent of all honest men, had
" inflicted on the authors of those horrid attempts. I
" withstood your brother therefore to his face, and, on
" the first of January, in a debate upon tlie republic,
" tiandled him in such a manner, as to make liim sen-
" sible, that he had to do with a man of courage and
" constancy. Two days after, when he begaji again
** to harangue, in every three w^ords he named and
" threatened me : nor had he any thing so much at
** heart as to effect my ruin at any rate, not by tlie
^' legal way of trial, or judicial proceeding, but by dint
" of force and violence. If I had not resisted his rash-
" ness with firmness and courage, who would not have
" thought that the vigour of my consulship had been
" owing to chance, rather than to virtue ? If you have
^' not been informed that your brother attempted all
** this against me, be assured that he concealed from
** you the most material part : but if he told you any
Sect. IV. CICERO. 263
A. Urb. 691. Cic. 45. Coss. — D. Junius Silanus. L. Lucinius Murena.
*' thing of it, yoQ ought to commend my temper and
*' patience, for not expostulating with you about it :
" but since you must now be sensible that my quar-
" rel with your brother was not, as you write, for a word,
" but a most determined and spiteful design to ruin
*' me, pray observe my humanity, if it may be called
" by that name, and is not rather, after so flagrant an
" outrage, a bas'" remissness and abjection of mind. I
" never proposed any thing against your brother, when
*' there was any question about him in the senate ;
*' but, without rising from my seat, assented always to
" those who were for treating him the most favour-
" ably. I will add farther, what I ought not indeed
" to have been concerned about, yet I was not dis-
" pleased to see it done, and even assisted to get it
" done ; I mean, the procuring a decree for the relief
" of my enemy, because he was your brother. I
*' did not therefore attack your brother, but defend
" myself only against him ; nor has my friendship to
" you ever been variable, as you write, but firm and
" constant, so as to remain still the same, when it was
" even deserted and slighted by you. And at this
*■ very time, when you almost threaten me in your
" letter, I give you ttiis answer, that I not only for-
" give, but highly applaud your grief; for I know,
" from what I feel within myself, how great the force
" is of fraternal love : but I beg of you also to judge
" with the same equity of my cause ; and if, without
*' any ground, I have been cruelly and barbarously
" attacked by your friends, to allow that I ought not
*' only net to yield to them, but on sucli an occasion
z64 Tnt LIFE of Sect. IV.
A. UrD. 691. Cic. 45. Coss. — D. Junius Silanus. L. Lucinius Murena. ,
*' to expect the help even of you and your army also
** against them. I was always desirous to have you
" for my friend, and have taken pains to convince you
" how sincerely I am yours : I am still of the same
" mind, and shall continue in it as long as you please ;
*' and, for the love of you, will sooner cease to hate
" your brother, than, out of resentment to him, give
" any shock to the friendship which subsists between
*' us. Adieu * "
Cicero, upon the expiration of his consulship, took
care to send a particular account of his whole admini-
stration to Pompey, in hopes to prevent any wrong
impression there from the calumnies of his enemies,
and to draw from him some public declaration in praise
of what he had been doing. But Pompey, being in-
formed by Metellus Cassar of the ill humour which
was rising against Cicero in Rome, answered him with
great coldness, and, instead of paying him any com-
pliment, took no notice at all of what had passed in
the affair of Catiline : upon which Cicero expostulates
with him in the following letter V\dth some little re-
sentment, yet so, as not to irritate a man of the first
authority in the republic, and to whom all parties
were forwardly paying their court.
M. T. Cicero to Cn. Pompeius the Great, Emperor f .
" I had an incredible pleasure, in common v^ith all
*' people, from the public letter which you sent : for
* Epist. fam. 5. 2.
j- 'j'lie word E//>/>eror signified nothing more in its original use,
thaa tVie ger.eral or diief ccininy,nder of the array : [Cic. dc Orat.
Sect. IV. CICERO. 265
A. Urb. 691. Cic. 45. Coss.— D. Junius Silanus. L. I^icinius Muren?.
" you gave us in it that assurance of peace, which,
" from my confidence in you alone, I had always been
" promising. I must tell you, however, that your old
" enemies, but new friends, are extremely shocked
" and disappointed at it. As to the particular letter
*' which you sent to me, though it brought me so
" slight an intimation of your friendship, yet it was
" very agreeable : for nothing is apt to give me so
*' much satisfaction as the consciousness of my ser-
^* vices to my friends ; and if at any time they are not
" requited as they ought to be, I am always content
*' that the balance of the account should rest on my
" my side. I make no doubt, however, but that, if
" the distinguished zeal which I have alvv'ays shewn
" for your interests, has not yet sufficiently recom-
" mended me to you, the pubhc interest at least will
*' conciliate and unite us. But that you may not be
" at a loss to know what it was which I exnected to
I, 48.] in wliicli Gense it belonged equally to all who had slipre-ine
command in any part of the empire, and was never used as a pecu-
liar title. But after a victory, in which considerable advantage
was gained, and great numbers of the enemy slain, the Soldjers, by
an universal acclamation, used to salute their general in the field
with the appellation of E>nperor^ ascribing, as it were, the sole me-
rit of the action to his auspices and conduct. This became a title
of honour, of which all commanders were proud, as being the ef-
fect of success and victory, and won by their proper valour j and
it Vv'as always the first and necessary step towards a triumph. Oa
these occasions, therefore, the title of Emperor was constantly as-
sumed and given to generals in all acts and letters, both public and
private, but was enjoyed by them no longer than the commission
lastea, by v^hich they had obtained it j that is, to the time of their
return and entrance into the city, from which moment their com-
mand and title expired together of course, and they resumed their
civil pharacter, and became private citizens.
-^66 The LIFE of Sect. IV.
A. Urb. 691. Cic, 45. Coss. — D. Junius Silanus. L. Licinius Murena.
" find in your letter, I will tell it you frankly, as my
" own nature and our friendship require. I expected,
" out of regard both to the republic, and to our fami-
" liarity, to have had some compliment or congratula-
" tion from you, on what I lately acted in my consul-
" ship, which you omitted, I imagine, for fear of giv-
" ing offence to certain persons : but I would have
" you to know, that the things which I have been do-
" ing for the safety of my country, are applauded by
*' the testimony and judgment of the whole earth ;
" and when you come amongst us, you will find them
" done with so much prudence and greatness of mind,
" that you, who are much superior to Scipio, will ad-
" mit me, who am not much inferior to Lsehus, to a
" share both of your public councils and private friend-
" ship. Adieu *.-"
Soon after Catiline's defeat, a fresh inquiry was set
on foot at Rome against the rest of his accompHces,
upon the information of one L. Vettius, who, among
others, impeached J. Caesar before Novius Niger the
quaestor, as(^Curius also did in the senate, where,
for the secret intelligence which he had given very
early to Cicero, he claimed the reward which had been
offered to the first discoverer of the plot. He affirm-
ed, that what he had deposed against Caesar was told
to him by Catiline himself; and Vettius offered to
produce a letter to Catiline in Caesar's own hand. Cae-
sar found some difficulty to repel so bold an accusa^
tion, and was forced to implore the aid and testimony
tm-. « ■ J II I ■ [ 1.
* Epist. fam. 5. 7.
Sect. IV. CICERO. ^tS?
A. Urb. 691. Cic. 45. Coss. — D. Junius Silanus. L. Licinius Murena.
of Cicero to prove that he also had given early informal
tion of Catiline's designs : but, by his vigour and inte-
rest in the city, he obtained a full revenge at last up-
on his accusers ; for he deprived Curius of the reward,
and got Vettius committed to prison, after he had
been miserably handled, and almost killed by the mob ;
nor content with this, he imprisoned the qoicestor No-
vius too, for suffering a superior magistrate to be ar-
raigned before him *.
Several others,, however, of considerable rank were
found guilty, and banished, some of them not appear-
ing to their citation, others after a trial ; viz. M. Por-
cius Lecca, C. Cornelius, L. Vargunteius, Ser\'iu3 Syl-
la, and P. Autronius, 8tc. The last of these, who
lost the consulship four years before, upon a convic-
tion of bribery, had been Cicero's school-fellow and
colleague in the quasstorship, and sohcited him with
many tears to undertake his defence : but Cicero not
only refused to defend him, but, from the knowledge
of his guilt, appeared as a witness against him f .
P. Sylla also, Autronius's partner and fellow-suffer-
er in the cause of bribery, was now tried for conspir-
ing twice with Catiline ; once, when the plot proved
abortive, soon after his former trial ; and a second time
* Cum implorato Ciceronis testimonio, qutcdam se de conjura-
tlone ultro detulisse docuisset, me Curio prccmia darentur, eflecit :
Vettium — pro rostrls in concione pa?ne discerptum, in carcerem
conjecit. Eodem Novium qucestorem, quod compellari apud se ma-
jorem potestatem passus esset. Sueton. Jul. Cses. 17.
f Veniebat ad me, et saepe veniebat Autronius multis cum la-
chrymis, supplex, ut se defenderem : se meum condiscipulum in
pueritia, familiarem in adolescentia, ccUegam in quurstura comme-
morabat fuisse. Pro Sylla, 6. 30.
168 The LIFE of Sect. IV.
A. Urb. 691. Cic. 45. Coss. — D, Junius Silanus. I.. Licinius Murena,]
in Cicero's consulship : he was defended in the first
by Hortensius, in the last by Cicero. The prosecu-
cutor was Torquatus, the son of his former accuser, a
young nobleman of great parts and spirit, who, ambi-
tious of the triumph of ruining an enemy, and fearing
that Cicero would snatch it from him, turned his rail-
lery against Cicero instead of Sylla ; and, to take off
the influence of his authority, treated his character
with great petulence, and employed every topic which
could raise an odium and envy upon him : he called
him " a king, who assumed a power to save or de-
" stroy, just as he thought fit ^" said, " that he was
" the third foreign king who had reigned in Rome af>
*' ter Numa and Tarquinius ;" and " that Sylla would
" have run away, and never stood a trial, if he had
" not undertaken his cause :" whenever he mention-
ed " the plot, and the danger of it, it Was with so low
*' and feeble a voice, that none but the judges could
" hear him ;" but when he spoke " of the prison, and
" the death of the conspirators, he uttered it in so loud
" and lamentable a strain, as to make the whole fo-
" rum ring with it *.'*
Cicero, therefore, in his reply, was put to the trou-
ble of defending himself, as well as his client. " As
" to Torquatus's calling him a foreigner, on the ac-
" count of his being bom in one of the corporate towns
" of Italy, he owns it ; and in that town," he says,
•' whence the republic had been twice preserved from
" ruin ; and was glad that he had nothing to reproach
* Pro Sylla, 7. 10.^
Sect. I V. CICERO. 269
A. Urb. 691. Cic. 45 Coss. — D. Junius Silanus. L. Licinius Murena.
*' him with, but what affected, not only the greatest
" part, but the greatest men of the city, Curius, Co-
" runcanius,Cato,Marius,&c.; but since he had a mind
" to be witty, and would needs make him a foreigner,
" why did not he call him a foreign consul, rather
*' than a king ; for that would have been much more
" wonderful, since foreigners had been kings, but ne-
" ver consuls of Rome. He admonishes him, who w^as
" now in the course of his preferment, not to be so
" free of giving that title to citizens, lest he should
" one day feel the resentment and power of such fo-
*' reigners : that if the Patricians were so proud, as to
" treat him and the judges upon the bench as foreign-
" ers, yet Torquatus had no right to do it, whose mo-^
" ther was of Asculum *. Do not call me then fo-
" reigner any more," says he, " lest it turn upon
" yourself; nor a king, lest you be laughed at, unless
*' you think it kingly to live so as not to be a slave,
" not only to any m.an, but even to any appetite ; to
" contemn all sensual pleasures ; to covet no maa's
" gold or silver, or any thing else ; to speak one's
" mind freely in the senate ; to consult the good, ra-
" ther than the humour of the people ; to give wav
" to none, but to withstand many : If you take this to
*'- be kingly, I confess myself a king : but if the inso-
" lence of my power, if my dominion, if any proud or
*' arrogant saying of mine provokes you, why do not
" you urge me with that, rather than the envy of a
" name, and the contumely of a groundless caluninv?'^
* Pic SvUa, 7, 8,
17^ ^HE LIFE OF Sect. IV.
A. Urb. 691. Cic. 45. Coss. — D. Junius Silanus. L. I^icinius Murena.
— He proceeds to shev/, " that his kingdom, if it must
" be called so, was of so laborious a kind, that there
" was not a man in Rome who would be content to
" take his place "*." He puts him in mind, " that he
" was disposed to indulge and bear with his pertness,
" out of regard to his youth, and to his father —
" though no man had ever thrown the slightest asper-
" sion upon him, without being chastised for it — but
'* that he had no mind to fall upon one whom he
*' could so easily vanquish, who had neither strength,
*' nor age, nor experience enough for him to contend
" with : he advised him, however, not to abuse his
" patience much longer, lest he should be tempted
" at last to draw out the stings of his speech against
" him f ." As to the merits of the cause, though
there was no positive proof, yet there were many
strong presumptions against Sylla, with which his ad-
versary hoped to oppress him : but Cicero endeavour-
ed to cotifute them, by appealing " to the tenor and
*' character of his life ; protesting, in the strongest
" terms, that he who had been the searcher and dc-
*' tector of the plot, and had taken such pains to get
" intelligence of the whole extent of it, had never
*' met with the least hint or suspicion of Sylla's name
" in it, and that he had no other motive for defend-
" ing him, but a pure regard to justice ; and as he
" had refused to defend others, nay, had given evi-
" dence against them, from the knowledge of their
*< guilt, so he had undertaken Sylla's defence, through
* Pro Sylla, 9. f Ibid. 16.
Dect: IV. CICERO. 271
A. Urb. 691. Cic. 45. Coss D. Junius Silanus. L. Licinius Murena.
" a persuasion of his innocence *." Torquatus, for
want of direct proof, threatened to examine Sylla's
slaves by torture : this was sometimes practised upon
the demand of the prosecutor ; but Cicero observes
upon it, " that the effect of those torments was go-
" verned always by the constitution of the patient,
" and the firmness of his mind and body ; by the will
•' and pleasure of the torturer, and the hopes and fears
" of the tortured ; and that, in the moments of so
" much anguish, there could be no room for truth :
" he bids them put Sylla's life to the rack, and exa-
" mine that with rigour, whether there was any hid-
" den lust, any latent treason, any cruelty, any auda-
" ciousness in it : that there could be no mistake in
" the cause, if the voice of his perpetual life, which
*' ought to be of the greatest weight, was but attend-
*' ed to f ." Sylla was acquitted, but Cicero had no
great joy fromhis victory, or comfort in preserving
such a citizen, who lived afterwards in great confi-
dence with Caesar, and commanded his right wing in
the battle of Pharsalia J, and served him afterwards
in his power, as he had before served his kinsman Syl-
la, in managing his confiscations, and the sale of the
forfeited estates.
About the time of tliis trial, Cicero bought a house
of M. Crassus, oh the Palatine hill, adjoining to tliat
in which he had always lived with his fither, and
which he is now supposed to have given up to his bro-
ther Qaintus. The house cost him near tliirty thou-
* Pro Sylla, 30. f Ibid.^ 28.
t Vid. Caes. comment, de bello civili.
Vol. I. S
172 The LIFE of Sect. IV.
A. Urb. 691. Cic. 45. C0S8.....D. Junius Silanus. L. Licinius Murena.
sand pounds, and seems to have been one of the no-
blest in Rome ; it was built abont thirty years before
by the famous tribune, M. Livius Drusus^ ; on which
occasion we are told, that when the architect promised
to build it for him in such a manner, that none of his
neighbours should overlook him: " But if you have any
" skill," replied Drusus, " contrive it rather so, that
" all the world may see what I am doing *." It was
situated in the most conspicuous part of the city, near
to the centre of all business, overlooking the forum
and the rostra ; and, what made it the more splendid,
was its being joined to a portico or colonnade, called
by the name of Catulus ; who built it out of the Cim-
bric spoils, on that area where Flaccus formerly lived,
w^hose house was demolished by public authority for
his seditious practices with C. Gracchus f . In this
purchase he followed the rule which he recommends
in his offices, with regard to the habitation of a prin-
cipal citizen ; that his dignity shouM be adorned by
liis house, but not derived from it | : where he men-
tions several instances of great men, who, by the splen-
dour of their houses on this very hrll, which were con-
^ tantly striking the eyes of the people, and imprinting
* Cum promitttiet ei architectus, ita se Gedificaturum, ut libera
a conspectLi, Immunis ab omnibus arbitris esset — Tu vero, inquit,
si quid in te artis est, ita eompone domum meam, ut quicquid agam.
ab omnibus perspici possit. Veil. P. 2. 1 4. Ep. fam. 5. 6.
f M. Flaccus, quia cum Graceho contra Reipub. salutem fece-
rat, et Senatus sententia est interfectus, et domus ejus eversa est :
in qua porticum post aliquanto Q^ Catulus de manubiis Cimbricis
fecit. Pr. dom. 38.
X Ornanda est cnim dignitas domo, non ex dorao tola quserenda.
De Oaic. I. :^9-
SfecT. IV. CICERO. ^73
'A. Urb. 691. Cic. 45. Coss. — D. Junius Sihnus. L. Licinius Murena.
a notion of their magnificence, made their way the
more easily to the highest honours of the republic.
A. Gellius tells us, that having resolved to buy the
house, and wanting money to pay for it, he borrowed
it privately of his cHent Sylla, when he was under
prosecution ; but the story taking wind, and being
charged upon him, he denied both the borrowing and
design of purchasing, yet soon after bought the house ;
and when he was reproached with the denial of it,
replied only laughing, that they must be fools to ima-
gine, that when he had resolved to buy, he would
raise competitors of the purchase by proclaiming it *.
The story was taken probably from some of the
spurious collections of Cicero's jests ; which were
handed about not only after his death, but even in
his life-time, as he often complains to his friends f ;
for it is certain that there could be nothing disho-
nourable in the purchase, since it was transacted so
publicly, that, before it was even concluded, one of
his friends congratulated him upon it by letter from
Macedonia f . The truth is, and what he himself doth
not dissem.ble, that he borrowed part of the money to
pay for it, at six per cent. ; and says merrily upon it,
* A. Gellius, 12. 12.
f Ais enim, ut ego dlscesserlm omnia omnium dicta, in his e-
tiam Sestlana in me conferri. Quid ? tu id pateris ? nonne defen-
dis ? nonne resistls ? &c. Ep. fam. 7. 32.
Sic audio Csesarem ■ " si quod afferatur ad cum pro meo, quod
meum non est, rejicere solere. Ibid. 9. 16.
X Quod ad me pridem scripseras, velle te bene evenire, quod de
Crasso domura emeram — Emi cam ipsam domum H. S. xxxv. all-
quanto post tuara gratulationcm. Ep. fam, 5. 6,
S2
274 The LIFE of SzeT. IV.
A. Urb. 691. Cic. 45. Coss. — D. Junius Silanus. L. Licinius Murena.
*' that he was now so plunged in debt, as to be ready
" for a plot, but that the conspirators would not trust
" him *." It raised, indeed, some censure upon his
vanity,, for purchasing so expensive a house with bor-
rowed money : but Messaky the consul, happening
soon after to buy Autronius's house at a greater price,
and with borrowed money too, it gave him some plea-
sure, that he could justify himself by the example of
so worthy a magistrate : " By Messala's purchase,"
says he, " I am thought to have made a good bar-
" gain ; and men begin to be convinced that we may
" use the wealth of our friends, in buying what con-
" tributes to our dignity f ,"
But the most remarkable event which happened in
the end. of this year, was the pollution of the myste-
ries of the Bona Dea, or tht good goddess, by P. Clo-
dius ; which, by an unhappy train of consequences^
not only involved Cicero in an unexpected calamity,
but seems to have given the first blow towards the
ruin of the republic. Clodius was now quaestor, and
by that means a senator, descended from the noblest
family in Rome, in the vigour of his age, and of a grace-
ful person, lively wit, and flowing eloquence; but
with all the advantages of nature, he had a mind in-
credibly vicious ; was fierce, insolent, audacious, but,
* Itaque scito, me nunc tantum habere aeris alieni, ut cuplam
conjurare, si quisquam recipiat. Sed partim me excludunt, &c.
Ibid.
f Ea emptione et nos bene emisse judicati sumus •, et homines
intelligere coeperunt, licere amicorum facultatibus in emendo a(i
dignitatem aliquam pervenire. Ad Att. i. 13.
Sect. IV. CICERO-
275
A. Urb. 691. Cic. 45. Coss D. unius Silanus. L. Licinius Murena.
above all, most profligately wicked, and an open con-
temner of gods and men ; valuing nothing that either
nature or the laws allowed ; nothing, but in propor-
tion as it was desperate, and above the reach of other
men ; disdaining even honours in the common forms
of the repubhc ; nor relishing pleasures, but what
were impious, adulterous, incestuous *. He had an
intrigue with Caesars w ife Pompeia, who, according
to annual custom, was now celebrating in her house
those awful and mystic sacrifices of the goddess, to
>vhich no male creature was ever admitted, and where
every thing masculine was^ so scrupulously excluded,
that even pictures of that sort were covered during
the ceremony f . This was a proper scene for Clodius's
genius to act upon ; an opportunity of daring, beyond
what man had ever dared before him ; the thought of
f Exorta est iUa Reipub. sacris, -religionibus, auctoritati ves-
trae,' judlciis publicis funesta quaestura : in qua idem iste decs ho-
minosque, pudorgm, pudicitiam, senatus auctoritatem, jus, fas, le-
ges, judicia violcn/it, &c. De Aruspic. resp. 20.
Qui ita judicia pcenamque contcmpserat, ut eum nihil d^Ieciavet,
quod aut per naturam fas esset, aut per leges liceret.' Pro Mil. 16.
P. Clodius, homo nobiiis, disertus, audax ^ qui ntqm dicendi,
neque faciendi ullum, nisi quern vellet, tiosset modum j malorum
propositorum executor acerrimus, infamis etiam soioris stupro &c
Veil. Pat. 2. 45.
*
ubi velari pictura jubetur,
Qu^cunque alterius sexus imitata figuram est.
Juven. 6. 3^9.
Quod quidem sacrificium nemo ante P. Clodium in omni memoria
violavit quod fit per virgines vestaies •, fit pro populo Romano ,
fit in ea domo, quae est in imperio 5 fit incredibili ceremonia j fit
€1 deae, cujus ne nomen quidem viros scire fas est. D. Harusp.
respons. 17.
s
3
276 The life of Sect. IV.
A. Urb. 691. Cic. 45. Coss. — D. Junius Silanus. L. Licinius Murena.
mixing the impurity of his lusts with the sanctity of
these venerable rites, flattered his imagination so strong-
ly, that he resolved to gain access to his mistress in
the very midst of her holy ministry. With this view,
he dressed himself in a woman's habit, and, by the
benefit of his smooth face, and the introduction of one
of the maids, who was in the secret, hoped to pass
without discovery; but, by some mistake between
him and his guide, he lost his way when he came
within the house, and fell in unluckily among the o-
ther female servants, who, detecting him by his voice,
alarmed the whole company by their shrieks, to the
great amazement of the matrons, who presently threw
a veil over the sacred mysteries, while Clodius found
means to escape by the favour of some of the damsels *.
The story was presently spread abroad, and raised
a general scandal and horror through the whole city ;
in the vulgar, for the profanation of a religion held
the most sacred of any in Rome ; in the better sort,
for its offence to good manners, and the discipline of
the republic. Caesar put away his wife upon it ; and
the honest of all ranks were for pushing this advantage
against Clodius as far as it would go, in hopes to free
themselves by it of a citizen, who by this, as well as
other specimens of his audaciousness, seemed born to
create much disturbance to the state f . It had been
* P. Clodium, Appii filium, credo te audisse cum veste mulle-
bri deprehensum dt)mi C. Caesaris, cum pro populo fieret, eumque
per manus sen'ula; seryatum et eductum j rem esse insigni infamia.
Ad Att. I. 12.
f Videbam, iliud sqelus tarn importunum, audaciam tam imma-,
i?ein
Sect. IV. CICERO. 277
A. Urb. 692. Cic. 46. Coss. — M. Pupius Piso. M. Valerius Messala.
the constant belief of the populace, that if any man
should ever pry into these mysteries, he would be in-
stantly struck blind : But it was not possible, as Cice-
ro says, to know the truth of it before, since no man,
t)ut Clodius, had ever ventured upon the experiment ;
though it was now found, as he tells him, that the
bhndncss of the eyes was converted to that of the
-mind *.
The affair was soon brought before tlie senate ;
where it was resolved to refer it to the college of
priests, v/ho declared it to be an abominable im.piety ;
upon which the consufls were ordered to provide a law
for bringing Clodius to a trial for it before the peo-
ple f . But Q^ Fusius Calenus, one of the tribunes,
•supported by all the Clodian faction, would not per-
mit the law to be offered to the suffrage of the citi-
zens. This raised a great ferment in the city, while
the senate adhered to their former resolution, though
Tiem adolescentis, furentis, nobilis, vulne-rati, tion posse arceri otii
finibus : erupturum illud malum aliquando, si irapiuiitum fuissct, aJ
perniciem civitatis. De Harusp. resp. 3..
* Aut quod oculos, ut opinio illius religionis est, non perdidisti.
'Quis enim ante te sacra ilia vir sciens viderat, -ut quisquam poenam.,
-quae sequeretur illud scelus, scire posset ? Ibid. 18.
Poena omnis oculorum ad CEecitatem mentis est conversa. Pro
•dom. 40.
f Id sacrificium cum Virgines instaurassent, mcntionem a Q^
Comificio in Senatu factara — post rem ex S. C. ad Pontifices rela-
tam j idque ab eis nefas esse decretum : deinde ex S. C. Consules
xogationem promulgasse : uxori Ctesarem nunclum remisisse— In hac
■causa Piso, amicitia P. Clodii ductus, operam dat. ut ea rogatio—
antiquetur, &c. Ad Att. i. 13.
S4
278 The life of Sect. IV-,
A. Urb. 692. Cic. 46. Coss M. Pupius Piso. M. Valerius Messala.
the consul Piso used all his endeavours to divert them
from it, and Clodius, in an abject manner, threw him-
self at the feet of every senator ; yet, after a second
debate, in a full house, there were fifteen only who.
voted on Clodius's side," and four hundred directly a-
gainst him ; so that a fresh decree passed, to order
the consuls to recommend the law to the people with
all their authority, and that no other business should
be done, till it was carried * ; but this being likely to
iproduce great disorders, Kortensius proposed an ex-
pedient, which was accepted by both parties, that tlie
tribune Fusius should publish a law for the trial of
Clodius by the praetor, with a select bench of judges.
The only difference between the two laws, was, whe-
ther he should be tried by the people, or by particu-
lar judges ; but this, says Cicero, was every thing.
Hortensius was afraid, lest he should escape in the
squabble, without any trial ; being persuaded, that no
judges could absolve him, and that a sword of lead,
as he said, would destroy him : But the tribune knew,
that in such a trial there would be room for intrigue,
both in choosing and corrupting the judges, which
Cicero likewise foresaw from the first ; and wished,
therefore, to leave him rather to the effect of that o-
* Senatus vocatur ; cum dccernerctur frequenti senatu contra
pugnante Pisone, ad pedes omnium sigiilatim accedente Clodio, ut
consules populum cohoitarentur ad rogationem accipiendam •, ho-
mines ad XV. Curioni, nullum S. C. facienti, assenserunt, ex altera
parte facile cccc. fuerunt — Senatus decernebat, ut ante quam ro-
gatio latn esset, no quid ageretur. Ibid. 14.
Sect. IV. CICERO.
V^
A. Urb. 692. Cic. 46. Coss M. Pupius Piso. M. Valerfus Messah.
dium, in which his character then lay, than brirtg him
to a trial where he had any chance to escape *.
Clodius's whole defence was, to prove himself ab-
sent at the time of the fact ; for which purpose, he
produced men to swear, that he was then at Inter-
amna, about two or three days journey from the city.
But Cicero, being called upon to give his testimony,
deposed, that Clodius had been with him that very
morning at his house in Rome f . As soon as Cicero
appeared in the court, the Clodian mob began to in-
sult him with great rudeness, ; but the judges rose
up, and received him with such respect, that they
presently secured him from all farther affronts J. C«-
sar, vi^ho was the most particularly interested in the
affair, being summoned also to give evidence, declar-
ed, that he l^new nothing at all of the matter ; though
his mother Aurelia, and sister JuHa, who v/ere exa-
mined before him, had given a punctual relation of
the whole fact ; and being interrogated, how he came
then to part with his wife ? He rephed, *' That all
" who belonged to him ought to be free from suspi-
^ * Postea yero quam Hortensius excogitavit, ut legem de reli-
gione^ Fusius tribunus pleb ferret j in qua nihil aliud a consular!
rcgatione differebat, nisi judicum genus (in eo autem erant omnia)
jugnavitque ut ita fieret j quod et sibi et aliis persuaserat, nullus
ilium judicibus effugere posse ; contraxi vela, perspiclens inopiam
judicum.— Hortensius— non vidit illud, satius esse ilium in infamia
et sordibus relinqui, quam infirmo jadicio committi. Sed ductus
odio properavit rem deducere in judicium, cum ilium plumbeo gla-
dio jugulatum iri tamen diceret— A me tamen ab initio consilium
Hortensil repreliendebatur. Ad Att. i. 16.
f Plutarch, in Cic. Val. Max. i. 5.
X Me vero teste producto, Credo te— audisse, qu« consurrectio
judicum facta sit, ut me circumsteterint, &c. Ad Att. ibid.
38o The LIFE op Sect. IV.
A. Urb. 692. Cic. 46. Coss.....M. Pupius Piso. M. Valerius Messala.
" cion, as well as guilt *." He saw very well how
the thing was like to turn, and had no mind to exas-
perate a man of Clodius's character, who might be of
good service to him for the advancement of his future
projects. Plutarch says, that Cicero " himself was
^' urged on to this act against his will, by the impor-
" tunity of his wife ; a fierce imperious dame, jealous
*^ of Clodius's sister, whom she suspected of some de-
" sign to get Cicero from her, which, by this step,
" she hoped to make desperate." The story does
not seem improbable ; for, before the trial, Cicero
owns himself to be growing every day more cool and
indifferent about it ; and in his railleries with Clodius
after it, touches upon the forward advances which his
sister had made towards him ; and at the very time of
giving his testimony, did it with no spirit, nor said any
thing more, as he tells us, than what was so well known,
that he could not avoid saying it f .
The judges seemed to act at first with great gravi-
ty ; granted every thing that was asked by the pro-
secutors ; and demanded a guard to protect them from
the mob : which the senate readily ordered, with great
commendation of their prudence : but when it came
* Negavit se quidquam comperisse, quamvis et mater Aurelia,
et soror Julia, apud eosdem judices, omnia ex fide retulissent : in-
terrogatusque, cur igitur repudiasset uxorem ? Quoniam, inquit,
meos tam suspicione quam crimine judico carere oportere. Suet.
J. Ctes. 74 .
f Nosmetipsi, qui Lycurgei a principio fuissemus, quotidie de-
ijiitigamur. Ad Att. i. 13.
Neque dixi tjuicquam pro testimonio, nisi quod erat ita notum
atque testatum, ut non possera pra-terire. Ibid. 16.
Sect. IV. CICERO. aSr
A.Urb. 692. Cic. 46. Coss M. Pupius Piso. M. Valerius Messala.
to the issue, twenty-five only condemned, while thk-
ty-one absolved him. Grassus is said to have been
Clodius's chief manager, in tampering with the judges;
employing every art and instrument of corruption, as
it suited the different tempers of the men ; " and where
" money would not do, offering even certain ladies
" and young men of quality to their pleasure. Cicero
" says, that a more scandalous company of sharpers
" never sat down at a gaming-table : infamous sena-
" tors, beggarly knights, with a few honest men a-
" mong them, whom Clodius could not exclude ; who,
" in a crew so unlike to themselves, sat with sad and
" mournful faces, as if afraid of being infected with
" the contagion of their infamy ; and that Catulus,
" meeting one of them, asked him, what they meant
" by desiring a guard ? were they afraid of being rob-
** bed of the money which Clodius had given them *."
This transaction however gave a very serious con-
cern to Cicero, who laments, " that the firm and quiet
*' state of the repubhc, which he had established in his
" consulship, and which seemed to be founded in the
* Nosti Calvum — biduo per unum servum, et eum ex gladiatorio
ludo, confecit totum negotium. Arcessivit ad se, promisit, inter-
cessit, dedit. Jam vero (O Diiboni, rem perditam !) etiam noctes
certarum mullerum, atque adolescentulorum nobilium introductiones
nonnuUis judicibus pro mercedis cumulo fuerunt — xxv judices ita
fortes fuerunt, ut summo proposlto perlculo vel perire maluerint,
quam perdere omnia. — xxxi fuerunt, quos fames magis quam fama
commoverit. Quorum Catulus cum vidisset quendam : Quid vos,
inquit, presidium a nobis postulabatis ? an, ne nummi vobis eripe-
rentur, timebatis ?
Maculosi Senatores, nudi Equites— pauci tamen boni inerant,
quos rejectione fugare ille non poterat : qui mcESti inter sui dissi-
miles et moerentes sedebant, et contagione turpitudinis vehementeT
permovebantur. Ad Att, i. 16.
^.t2 The life of Sect. IV.
A. Urb. 692. Cic. 46. Coss. — M. Pupius Piso. M. Valerius Messala.
*' union of all good men, was now lost and broken, if
*.' some deity did not interpose, by this single judg-
" ment ; if that," says he, '* can be called a judgment,
" for thirty of the most contemptible scoundrels of
" Rome to violate all that is just and sacred for the
" sake of money ; and vote that to be false, which all
*' the world knows to be true." As he looked upon
liimself to be particularly affronted by a sentence,
given in flat contradiction to his testimony, so he made
it his business on all occasions to display the several
actors in it with all the keenness of his raillery *. In
a debate soon after in the senate on the state of the
republic, taking occasion to fall upon this affair, he
" exhorted the fathers not to be discouraged for hav-
" ing received one single wound ; which was of such
*' a nature, that it ought neither to be dissembled, nor
" to be feared ; for to fear it, was a meanness : and
*' not to be sensible of it, a stupidity : That Lentulus
" was twice acquitted : Catiline also twice ; and this
" man was the third, whom a bench of judges had let
** loose upon th€ republic. But thou art mistaken,
** Clodius," says he ; " the judges have not reserved
•' thee for the city, but for a prison : they designed
" thee no kindness by keeping thee at home, but to
*' deprive thee of the benefit of an exile. Wherefore,
" fathers, rouse your usual vigour ; resume your dig-
" nity ; there subsists still the same union among the
*^' honest ; they have had indeed a fresh subject of
*' mortification, yet their courage is not impaired by
* Insectandis vero, exagitaiidisque nummariis judicibus, omneoi
omnibus studiosis ac fautoribus illius victorix Tratf pjur/ctv eripui. U).
Q^^.IV, CICERO; ^^.^
A.Urb.69a. Cic. 46. Coss.— M. Pupius Piso. M. Valerius Messala.
*' it ; no new mischief has befallen us ; but that only,
" which lay concealed, is now discovered, and, by the
"' trial of one desperate man, many others are found to
*' be as bad as he *."
Clodius, not caring to encounter Cicero by formal
speeches, chose to teize him with raillery, and turn
the debate into ridicule. " You are a fine gentleman
"^indeed," says he, " and have been at Baiae."—
*'• That's not so fine," rephed Cicero, " as to be caught
*' at the mysteries of the goddess."—" fiut what," says
he, " has a clown of Arpinum to do at the hot wells ?"
—'' Ask that friend of yours," replied Cicero, *' who
" had a month's mind to your Arpinum clown f ." —
" You have bought a house f," says he.—" You
'' should have said, judges," replied Cicero.—*' Those
** judges," says he, " would not believe you upon your
" oath."— Yes," replied Cicero, " twenty-five of them
" gave credit to me ; while the rest would not give a-
" ny to you, but made you pay your money before-
" hand." This turned the laugh so strongly on Ci-
cero's side, that Clodius was confounded, and forced
to sit down §. But being now declared enemies, they
never met without some strokes of this kind upon each
other ; " which," as Cicero observes, " must needs ap-
* Ad Att.
f This is supposed to refer to his sister Clodia, a lady famous
for her intrigues •, who had been trying all arts to tempt Cicero to
put away Terentia, and to take her for his wife.
% Though Clodius reproaches Cicero for the extravagant pur-
chase of a house, yet he himself is said to have given afterwards
near four times as much for one, viz. about 119,000!. Sterlmg.
PHn. Kist. N. 1. 36. 15.
^ Ad Att. ID,
284 The life of Sect. IV.
A. Urb. 692. Cic. 46. Coss. — M. Pupius Piso. M. Valerius Messala.
" pear flat in narration, since all their force and beau-
" ty depended on the smartness of the contention, and
" the spirit with which they were delivered *."
The present consuls were M. Pupius Piso and M,
Messala ; the first of whom, as soon as he entered in-
to office, put a shght affront upon Cicero : for his o^
pinion having been asked always the first by the late
consuls, Piso called upon him only the second, on Ca-
tulus the third, Hortensius the fourth : " This, he
*' says, did not displease him, since it left him more at
" liberty in his voting ; and freed him from the obli-
" gation of any complaisance to a man whom he de-
*' spised f ." This consul was warmly in the interests
of Clodius ; not so much out of friendship, as a na-
tural inclination to the worst side : for, according to
Cicero's account of him, he was a man " of a weak
*' and wicked mind ; a churlish, captious sneerer, with-
" out any turn of wit ; and making men laugh by his
" looks rather than jests ; favouring neither the popu-
" lar, nor the aristocratical party ; from w^hom no
" good was to be expected, because he wished none ;
" nor hurt to be feared, because he durst do none ;
*' who would have been more vicious, by having one
" vice the less, sloth and and laziness J." &c. Cice-
ro frankly used the liberty, which this consul's beha-
\\ouY allowed him, of delivering his sentiments with-
* Nam caetera non possunt habere neque vim, neque venustatem,
remoto illo studio contentionis. Ibid,
f Ibid. 13.
t Neque id magis amicitia Clodii ductus, quam studio perdita-
rv.m rcrum, atque partiura. Ibid. 14.
Consul
Sect. IV. CICERO. 285
A, Urt>. 692. Cic. 46. Coss. — M. Pupius Piso. M. Valerius Messala.
out any reserve ; giving Piso himself no quarter, but
exposing every thing that he did and said in favour of
Clodius, in such a manner, as to hinder the senate
from decreeing to him the province of Syria, which
had been designed, and, in a manner, promised to
him ■*. The other consul, Messala, was of a quite dif-
ferent character ; a firm and excellent magistrate, in
the true interests of his country, and a constant ad-
mirer and imitator of Cicero f .
About this time Cicero is supposed to have made
that excellent oration, still extant, in the defence of
his old preceptor, the poet Archias : he expected for
his pains an immortality of fame from the praise of
Archias's muse ; but, by a contrary fate of things, in-
stead of deriving any addition of glory from Archias's
compositions, it is wholly owing to his own, that the
name of Archias has not long ago been buried in o-
blivion. From the great character given by him of
the talents and genius of this poet, we cannot help re-
gretting the entire loss of his v/orks : he had sung, in
Greek verse, the triumphs of Marius over the Cimbri,
and of Lucullus over Mithridates ; and was now at-
Cdnsul autem ipse parvo animo et pravo 5 tantum cavlllator ge-
nere illo moroso, quod etiam sine dicacitate ridetur ; facie magis,
quam facetiis ri^iculus : nihil agens cum repub. sejunctus ab opti-
matibus : a quo nihil speres boni reipub. quia non "vult ; nihil me-
tuas mail, quia non audet. Ibid. 13.
Uno vitio minus vitiosus, quod iners, quod somni plenus. lb. 14.
* Consulem nulla in re consistere unquam sum passus : despon-
sam homini jam Syriam ademi. Ibid. 16.
f Messala consul est egregius, fortis, constans, dillgens, nostri
laudator, amator, imitator. Ibid. 14'.
236 The LIFE cf Sect. IV:
A. Uib. 692. Cic. 46. Coss.— M. Pupius Piso. M. Valerius Messala.
tempting the consulship of Cicero * : but this perish-
ed with the rest, or was rather left unfinished and in-
terrupted by his death, since we find no farther men-
tion of it in any of Cicero's later writings.
Ponipey the Great returned to Rome about the be-
ginning of this year, in the height of his fame and for-
tunes, from the Mithridatic war. The city had been
much alarmed about him by various reports from a-
broad, and several tumults at home ; w^here a general
apprehension prevailed, of his coming at the head of
an army to take the government h^ito his hands f . It
is certain, that he had it now in his power to make
himself master of the republic, without the hazard e-
ven of a war, or any opposition to controul him. Cae-
sar, with the tribune Metellus, w^as inviting him to it,
and had no other ambition at present than to serve
imder him : but Pompey was too phlegmatic to be
easily induced to so desperate a resolution ; or seems
rather indeed to have had no thoughts at all of that
sort, but to have been content with the rank w^hich he
then possessed, of the first citizen of -Rome, without a
rival. He had lived in a perpetual course of success
and glory, wdthout any slur either from the senate or
the people, to inspire him with sentiments of revenge,
* Nam et Cimbrlcas res adolescens attigit, et rpsl illl C. Mario,
qui durior ad httc stadia videbatur, jucundus £uit.
Ivlithridaticum vero bellum, magnum atque difficile — totum ab
hoc expressum est ; qui libri non modo L. Luculium — verum etiam
populi Rom. nomen illustrant. — nam quas res in consulatu nostro
vobi:cum simul pro salutd urbis atque imperii — gessimus, attigit hie"
versibus atque inchoavit : quibus auditis, quod mihi magna res et
jucunda visa est, hunc ad perfieiendum hortatus sum. ProArchiaf
6. II.
f Plutarch, in Pomp.
Sect. it. CICERO. 287
A. Urb. 69a. Cic. 46. Cois. — M. Pupius Piso. M. Valerius Messala.
or to give him a pretence for violent- measures ; and
he was persuaded, that the growing disorders of the
city would soon force all parties to create him dicta-
tor, for the settlement of the state ; and thought it of
more honour to his character to obtain that power by
the consent of his citizens, than to extort it from them
by violence. But whatever apprehensions v/ere con-
ceived of him before his coming, they all vanished at
his arrival ; for he no sooner set foot in Italy, than he
disbanded his troops, giving them orders only to at-
tend him in his triumph ; and, with a private retinue,
pursued his journey to Rome, where the whole body
of the people cam.e out to receive him with all ima-
ginable gratulations and expressions of joy for his hap-
py return *.
By his late victories, he had greatly extended the
barrier of the empire into the continent of Asia, hav-
ing added to it three powerful kingdoms f , Pontus,
Syria, Bithynia, which he reduced to the condition of
Roman provinces ; leaving all the other kings and
nations of the East tributary to the republic, as far as
the Tigris. Among his other conquests, he took the
city of Jerusalem, by the opportunity of a contest a-
bout the crown, between the two brothers Hircanus
and Aristobulus : The lower town was surrendered
to him with little or no opposition ; but the fortress
of the temple cost him a siege of three months ; nor
* Plutaixli. in Pomp.
f Ut Asia, quae imperium antea nostrum terminabat, nunc tdibus
novis provinciis ipsa cingatur. De Provin. Consular, i:?.
Vol. I. T
28S The LIF£ of Sect. IV.
A. Urb. 692. Cic. 46. Coss M. Pupius Piso. M. Valerius Messala.
would he have taken it then so easily, as Dio tells
us *, had it not been for the advantage that the be-
sieged gave him, by the observance of their weekly
sabbaths, on which they abstained so rehgiously from
all work, as to neglect even their necessary defence.
He shewed great humanity to the people, and touch-
ed no part of the s-icred treasure, or vessels of gold,
which were of an immense value f ; yet was drawn
by his curiosity into such a profanation of their temple,
as mortified them more than all that they had suf-
efred by the war ; for, in taking a view of the build-
ings, he entered with his officers, not only into the
holy place, where none but the priests, but into the
holy of holies, where none but the high priest was
permitted, by the law, to enter ; by which act, as
a very eminent writer, more piously perhaps, than
judiciously, remarks, he drew upon himself the curse
of God, and never prospered afterwards J. He carried
Aristobulus and his children prisoners to Rome, for
the ornament of his triumph ; and settled Hircanus
in the government and high priesthood, but subject
to a tribute. Upon the receipt of the pubHc letters,
which brought the account of his success, the senate
passed a decree, that, on all festival days, he should
have the privilege to wear a laurel crown, with his
general's robe ; and, in the equestrian races of the
circus, his triumphal habit ; an honour, which, when
* Dio, 1. 37. p. ^6,
f At Cn. Pompeius, captis Hlerosolymls, victor ex illo fano ni-
hil attigit. Pro Flacc. 28.
.t Prideaux. Connect, par. 2. p. 343.
Sect, IV, CICERO. 280
A. Urb. 692. Cic. 46. Coss M. Pupius Piso. M. Valerips Messala.
he had once used, to show his grateful sense of it, he
ever after prudently declined ; since, without adding
any thing to his power, it could serve only to increase
the envy which many were endeavouring to stir up
against him *.
On the merit of these great services, he did many
acts abroad of a very extraordinary nature ; gave
what laws he pleased to the whole East ; distributed
the conquered countries at discretion, to the kings and
princes who had served him in the wars ; built twen-
ty-nine new cities, or colonies ; and divided to each
private soldier about 50I. Sterling, and to his officers
in proportion ; so that the whole of his donative is
computed to amount to above three millions of our
money f.
His first business^ therefore, after his return, and
what he had much at heart, was to get these acts ra-
tified by public authority. The popular faction pro-
mised him every thing, and employed all their sk;li
to divert him from an union with Cicero and the se-
nate, and had m^ade a considerable impression, upon
him ; but he found the state of things very different
from their representations ; saw Cicero still in high
credit ; and by his means the authority of the senate
much respected ; which obliged him to use great ma-
nagement, and made him so cautious of offending any
side, that he pleased none. Cicero says of his first
speech, " that it was neither agreeable to the poor,
* Dio, 1. 37. p. 39.
f Plin. Hist. 1. 37. 2. Aoplan, de bell. Mithridat.
^go The LIFE of Sect. iV.
A. Urb. 6<)Z. Cic 46. Coss. — M. Pupius Piso, M. Valerius Messala.
" nor relished by the rich ; disappointed the seditious,
*^yet gave no satisfaction to the honest *." As he
happened to come home in the very heat of Clodius's
affair, so he was presently urged by both parties to
declare for the one and the other. Fusius, a busy
factious tribune, demanded of liim before the people,
what lie thought of Clodius's being tried by the prae-
tor and a bench of judges ? To which he answ^ered
very aristocratically, as Cicero calls it ; That he had
ever taken the authority of the senate to be of the
greatest weight in all cases. And w4ien the consul
Messala asked him in the senate, what his opinion was
of that profanation of religion, and the law proposed
about it ? he took occasion, without entering into par-
ticulars, to applaud in general all that the senate had
done in it ; and upon sitting down, told Cicero, who
sat next to him, that he had now said enough, he
thought, to signify his sentiments of the matter f.
Crassus observing Pompey's reserve, resolved to push
him to a more explicit declaration, or to get the better
of him at least in the good opinion of the senate ; ri-
sing up therefore to speak, he launched out, in a very
liigh strain, into the praises of Cicero's consulship ;
declaring himself indebted to it, for his being at that
time a senator and a citizen ; nay, for his very liberty
and his life ; and that as often as he saw his wafe, his
family, and his country, so often he saw his obliga-
* Prima concio Pompeii — non jucunda miseris, inani.^ Improbii',
beatis non grata, bonis non gravis. Itaque frigebat. Ad Att. i. 14.
•j- IVIibique, ut assedit, dixit, se putare salis ab se etiam de istis
rebus esse responsum. lb.
Sect. IV. CICERO. api
A. Urb. 69a. Cic. 46. Coss. — M. Pupius Piso, M. Valerius Messala,
tions to Cicero. This discomposed Pompey, who was
at a loss to understand Crassus's motive ; whether it
was to take the benefit of an opportunity, which he
had omitted, of ingratiating himself with Cicero ; or
that he knew Cicero's acts to be in high esteem, and
the praise of them very agreeable to the senate ; and
it piqued him the more, for its coming from a quarter,
whence it was least to be expected ; from one whom
Cicero, out of regard to him, had always treated with
a particular shght. The incident, however, raised
Cicero's spirits, and made him exert himself before his
new hearer Pompey, with all the pride of his elo-
quence : his topics were, the firmness and gravity of
the senate ; the concord of the equestrian order ; the
concurrence of all Italy; the lifeless remains of a
baffled cdnspiracy : the peace and plenty which had
since succeeded : all which he displayed with his
utmost force, to let Pompey see liis asceadant still in
that assembly, and how much he had been imposed
upon by the accounts of his new friends J. Pompey
hkewise on his side, began presently to change Im
tone, and affected on all public occasions to pay so
great a court to Cicero, that the other faction gave
bim the nick-name of Cnsus Ci^cero : and their seem-
ing union was so generally agreeable to the city, that
they were both of them constantly clapped, whenever
t Proxime Pompeium sedebam : Intellexi hominem moved 5 u-
trum Crassum inire earn gratiam, quain ipse praitermisisset.
Ego^ autera, Dii boni, quomodo eiviTri^Tru^cic-ctf.nv novo audltori
Pompeio ? — Hsec erat v7ro6i<rt?^ de gravitate ordinis, de equestn
Concordia, de consensione Italiae, de immortuis reliquils cbniuratk)
^ii?. de utilitate. de ';^' ;. \d Att. i. 14.
agi
The life of Sect. IV=
A. Urb. 692. Cic. 46. Coss. — M. Pupius IMso. M. Valerius Messala.
they appeared in the Theatre, without a hiss from a-
117 quarter "*. Yet Cicero easily discovered, that all
this outward civility was but feigned and artificial ;
that he was full of envy within, and had no good in-
tentions towards the public ; nothing candid or sin-
cere ; nothing great, generous, or free in him f .
There was one point which Pompey resolved to
carry this summer, against the universal inclination of
the city ; the election of L. Afranius, one of his crea-
tures, to the consulship : in which he fights, says Ci-
cero, neither with authority, nor interest, but with
what Philip of Macedon took every fortress, into which
he could drive a loaded ass t. Plutarch says, that he
himself distributed the money openly in his own gar-
dens : but Cicero mentions it as a current report, that
the consul Piso had undertaken to divide it at his
Jiouse : which gave birth to two new laws, drawn up
by Cato and his brother-in-law Domitius Ahenobar-
bus, and supposed to be levelled at the consul ; the
one of which gave a liberty to search the houses even
of magistrates, on information of bribery ; the other
declared all those enemies to the state, at whose hou-
* Usque eo, ut nostri illi commissatores conjurationis, barbatuli
juvenes, ilium in sermonibus Cn^um Ciceronem appellent. Itaque
& ludis & gladiatoribus mirandas iTrtcrK^^o-U?^ sine uUa pastoricia
fistula, auferebamus. Ibid 16.
f Nos, ut ostendit, admodum dlligit— aperte laudat •, occulte,
sed ita ut perspicuum fit, invidet : nihil come, nihil simplex, nihil
h re7i '7rcxfli>cc7? nihil honestem, nihil illustre, nihil fortre, nihil libe^
rum. Ibid. 13. ^ , -u dt,-
X In eo neque auctoritate, neque gratia pugnat ', sed quibus rhi-
lippus omnia castella expugnari posse dicebat, in quje modo assllus
onustus auro posset ascendere. Ibid. 16*
Sect. IV. CICERO. 293
A. Urb. 692. Cic. 46. Goes. — M. Pupius Piso. Valerius Messala.
ses the dividers of money were found ^\ Pompey
however obtruded Afranius upon the city, by which
he disgusted all the better sort both of the senate and
people f .
He had been making preparation all this summer
for his triumph, which he deferred to his birth-day,
the thirtieth of September ; having resided in the
mean while, as usual, in the suburbs : so that the se-
nate and people, in compliment to him, held their as-
sembhes generally, during that time, without the
walls ; some of which are mentioned to have been in
the Flaminian circus 5. His triumph lasted two days,
and was the most splendid which had ever been seen
in Rome : he built a temple to Minerva out of the
spoils, with an inscription giving a summary of liis vic-
tories ; " That he had finished a war of thirty years ;
" had vanquished, slain, and taken tvvo millions, one
*' hundred and eighty-three thousand men ; sunk or
*' taken eight hundred and forty-six ships ; reduced to
" the power of the Empire, a thousand five hundred
" and thirty-eight towns and fortresses ; and subdued
** all the countries between the lake Maeotis and the
*' Red Sea *.
* Consul autem ille — susceplsse negotium dicltur, et domi divi-
sores habere : sed S. C^^ duo jam facta sunt odiosa, quod in Con-
sulem facta putantur, Catone et Domitio postulante, &c. Ibid. i6.
f Consul est impo situs nobis, quern nemo praetor nos philosophos
auspicere sine suspiratu posset. Ibid. i8.
§ Fusius in concionem produxit Pompeium j res agebatur in Cir-
Co Flaminio. lb. 14.
* Cn. Pompeius. Cn. F. Magnus. Imp.
BeLLO. XXX. ANNORUM. CONFECTO.
FUSIS. FUGATIS. OCCISIS. IN DEDITIONEM
AcCEPTIg.
^94
The life of Sect. IV.
A. Urb. 692. Cic. 46. Coss.— M. Pupius Piso. M. Valerius Messala.
QuiNTUs CiCEPvO, who, by the help and interest of
his brother, was following him at a proper distance,
through all the honours of the state, having been prae-
tor the last year, now obtained the government of A-
sia ; a rich and noble province, comprehending the
greatest part of what is called Asia minor. Before he
went to take possession of it, he earnestly pressed At*
ticus, whose sister he married, to go along with him as
one of his lieutenants ; and resented his refusal so hei-
nously, that Cicero had no small trouble to make them
friends again. There is an excellent letter on th^
subject from Cicero to Atticus : which I cannot for-
bear inserting, for the light which it gives us into the
genuine character of all the three, as well as of other
great men of those times, with a short account also of
the present state of the republic.
Cicero to Atticus.
" I PERCEIVE, from your letter, and the copy of my
" brother's, which you sent with it, a great alteration
" in his affection and sentiments with regard to you :
" which affects me with all that concern which my ex-,
" treme love for you both ought to give me ; and witl|
" wonder at the same time, what could possibly hap-
** pen either to exasperate him so highly, or to effect so
~- r-
acceptis. hominum. centi£s. vicies.
semel. centenis. lxxxiii. m.
Depresses aut capt. navibus. Dcccxlvi.
Oppidis. Castellis. Md.xxxviii.
in fideim receptis.
Terris. a. M^oti. Lacu. ad Ruerum.
Mare, subactis.
VoTUia. MERITO. Ml?x'ERV^
P3m. KIst, N. 7, ;6.
Sect. IV. CICERO. 295
A. Urb. 692. Cic. 46. Coss. — M. Pupius Piso. M. Valerius Messala.
*' great a change in him. I had observed indeed be-
" fore, what you also mistrusted at your leaving us,
" that he had conceived some secret disgust, which
" shocked and filled his mind with odious suspicions :
" which though I was often attempting to heal, and
*' especially after the allotment of his province, yet I
" could neither discover that his resentment was so
" great, as it appears to be from your letter, nor find,
'' that what I said had so great an effect upon him as I
" wished. I comforted myself however with a persua-*
" sion, that he w^ould contrive to see you at Dyrrha-
" chium, or some other place in those parts ; and in
" that case made no doubt, but that all would be set
" right ; not only by your discourse, and talking the
*' matter over between yourselves, but by the very
" sight and mutual embraces of each other ; for I
" need not tell you, who know it as well as m_yself,
" what a fund of good nature and sweetness of tern-
" per there is in my brother, and how apt he is, both
" to take and to forgive an offence. But it is very
" unlucky that you did not see him ; since, by that
" means, what others have artfully inculcated, has had
** more influence on his mind, than either his duty, or
" his relation to you, or your old friendship, which
" ought to have had the most. Where the blame of
'Vail this lies, it is easier for me to imagine, than to
*' write ; being afraid, lest, while I am excusing my
" own people, I should be too severe upon yours ; for,
" as I take the case to be, if those of his own family
*' did not make the wound, they might at least have
" cured it. When we see one another again, I shalj
2^6 The LIFE of Sect. IV,
A. Urb. 692. Cic. 46. Coss. — M. Pupius Piso. M. Valerius Mcssala.
*' explain to you more easily the source of the whole
'• evil, which is spread somewhat wider than it seems
" to be. — As to the letter which he wrote to you from
*' Thessalonica, and what you suppose him to have
"said of you to your friends ^t Rome, and on the road,
*' I cannot perceive what could move him to it. But
*' all my hopes of making this matter easy, depend on
** your humanity : for if you will but reflect, that the
** best men are often the most easy, both to be pro-
*' voiced, and to be appeased ; and that this quick-
*' ness, if I may so call it, or flexibility of temper is ge-
*• nerally the proof of a good nature ; and above all,
*' that we ought to bear with one another's infirrnities
*' or faults, or even injuries : this troublesome affair, I
*' hope, will soon be made up again. I beg of you
*' that it may be so. For it ought to be my special
** care, from the singnlar affection which I bear to
** you, to do every thing in my power that all, who
*' belong to me, may both love and be beloved by you.
" There was no occasion for that part of your letter,
" in which you mention the opportunities, which
*' you have omitted of employments both in the city
*' and the provinces; as well -at other times, as
*' in my consulship ; I am perfectly acquainted with
" the ingenuity and greatness of your mind ; and
*' never thought that there was any other difference
" between you and me, but in a different choice and
" method of life ; whilst I was drawn, by a sort of
" ambition, to the desire and pursuit of honours ; you,
^' by other maxims, in no wise blameable, to the en-
'' joyment of an honourable retreat. But, for the ge-^
Sect. IV. CICERO. m
A.Urb.69Z. Cic.46. Coss,-M.PupiusPiso. M. Valerius Messala.
- nuine character of probity, diligence, exactness of
M behaviour, I neither prefer myself, nor any man
.'' else, to you; and as for love to me, after my bro-
" ther and my own family, I give you always the first
" place. For I saw, and saw it in a manner the most
" affecting, both your solicitude and your joy, in all
" the various turns of my affairs ; and was often
*' pleased, as well with the applause which you gave
" me in success, as the comfort which you administer-
*' ed in my fears : and even now, in the time of your
" absence, I feel and regret the loss, not only of your
^' advice, in which you excel all ; but of that familiar
^' chat with you, in which I used to take so much de-
" hght. Where then shall I tell you that I m^ost want
" you ? in pubhc affairs ? where it can never be per-
*' mitted to me to sit idle ; or in my labours at the
^' bar ? which I sustained before through ambition ;
" but now, to preserve my dignity : or in my domics-
*' tic concerns ? where, though I always wanted your
" help before, yet since the departure of my brother,
*' I now stand the more in need of it. In short, nei-
" ther in my labours, nor rest ; neither in busmess,
" nor retirement ; neither in the forum, nor at home ;
** neither in public, nor in private affairs, can I hve
" any longer without your friendly council, and en-
' " dearing conversation. We have often been restrain-
" ed on both sides, by a kind of shame, from explain-
** ing ourselves on this article : but I was now forced
" to it by that part of your letter, in which you thought
" fit to justify yourself and your way of life to me.—
'\ But, to return to my brother ; in the present state
^9^ The LIFE of Sect. IV.
fc , , . ,.
A, Urb. 692. Cic. 46. Coss M. Pupius Piso. M. Valerius Messala.
"^ of the ill humour which he expresses towards you,
" it happens, however, conveniently, that your reso-
^ lution of declining all employments abroad was de-
" clared and known long before-hand, both to me
*' and your other friends ; so that your not being now
" together, cannot be charged to any quarrel or rup-
*' ture betv/een you, but to your judgment and choice
*' of life. Wherefore, both this breach in your union
'• will undoubtedly be healed again, and your friend-
" ship with me remain for ever inviolable, as it has
^'' hitherto been. — We live here m an infirm, wvetch-
*' ed, tottering republic : for you have heard, I guess,
" that our knights are now almost disjoined again from
** the senate. The first thing which they took amiss,
" was the decree for calling the judges to account,
" who had taken money in Clodius's affair : I happen-
*' ed to be absent when it passed ; but hearing after-
" wards that the whole order resented it, though with-
" out complaining openly, I chid the senate, as I
" thought, with great effect ; and m a cause not very
** modest, spoke forcibly and copiously. They have
*' now another curious petition, scarce fit to be endur*
*• ed : which yet I not only bore with, but defended.
*' The company, who hired the Asiatic revenues of
*' the censors, complained to the senate, that, through
*' too great an eagerness, they had given more for
" them than they are worth, and begged to be releas-
!' ed from the bargain. I was their chief advocate, or
*' rather indeed the second ; for Crassus was the man,
*' v;ho put them upon making this requ^t. The
'' thing is odious and shameful, and a public confes-
Sect. IV. CICERO. 299
A. Urb. 692. Cic.46. Coss.— M. Pupius Piso. M. Valeriur> Messala.
" sion of their rashness : but there was great reason
" to apprehend, that if they should obtain nothing,
" they would be wholly alienated from the senate ; so
" that this point also was principally managed by me.
" For, on the first and second of December, I spoke
" a great deal on the dignity of the two orders, and
" the advantages of the concord between them, and
" was heard very favourably in a full house. No-
" thing, however, is yet done ; but the senate appears
" well disposed : for Metellus, the consul-elect, was
" the only one who spoke against us ; though that
" hero of ours, Cato, was going also to speak, if the
" shortness of the day had not prevented him. Thus,
*' in pursuit of my old measures, I am supporting, as
" well as I can, that concord which my consulship
" had cemented : but since no great stress can now
*' be laid upon it, I have provided myself another way,
" and a sure one, I hope, of maintaining my authori-
*' ty ; which I cannot w^ell explain by letter, yet will
" give you a short hint of it. I am in strict friendship
*' with Pompey— I know already what you say — and
" will be upon my guard, as . far as caution can serve
*' me ; and give you a farther account, some other
" other time, of my present conduct in politics. You
" are to knov/, in the mean while, that Lucceius designs"
" to sue directly for the consulship ; for he will have,
'• it is said, but two competitors : Cassar, by means of
*' Arrius, proposes to join with him ; and Bibulus, by
" Piso's mediation, thinks of joining with Caesar. Do
*' you laugh at this ? Take my word for it, it is no
*' laughing matter. Wha.t shall I write farther ?
300
The life of Sect. IV:
A. Urb. 692. Cic. 46. Coss.— M. Pupius Piso. M. Valerius Messala.
" What ? There are many things ; but for another*
" occasion. If you would have us expect you, pray
" let me know it : at present I shall beg only modest-
" ly, what I desire very earnestly, that you would
" come as soon as possible. Deceinher the ffth *."
As to the petition of the knights, mentioned in this
letter, Cato, whon he came afterwards to speak to it,
opposed it so resolutely, that he prevailed to have it
rejected : w^hich Cicero often condemns, as contrary
to all good pohcy ; and complains sometimes in his
letters, " that Cato, though he was the only man who
" had any regard for the republic, yet frequently did
" mischief, by pursuing his maxims absurdly, and
" without any regard to the times f :" and upon a re-
view of the transactions which had passed since his
consulship, and the turn which the public affairs were
then taking, he seems to foretell " that the republic
*' could not stand much longer ; since this very year
" had overthrown the two main pillars of it, which he
" had been erecting with such pains ; the authority of
" the senate, and their union with the knights J,"
* Ad Att. I. 17.
f Unus est, qui curet constantia magis et integritate, quam,
ut mihi videtur, consilio et ingenio, Cato j qui miseros publicanos,
quos habuit amantissimos sui, tertium jam mensem vexat, neque
eis a senatu responsum dari patitur. Ad Atti i. 18. it. 2. I.
X Nam ut ea breviter, quae post discessum tuum acta sunt, col-
llgam, jam exclames necesse est, res Romanas diutius stare non
posse. ^
Sic ille annus duo firmamenta reipub. per me unum constltuta, e-
vertit : nam et senatus auctoritatem abjecit, et ordinum concordiarr
disjunxit. Ad Att. i. 18.
Sect. IV. CICERO. ^-^t
A. Urb. 693. . Cic. 47. Coss. — Q^Csecilius Metellus Celcr. L. Afranius.
Q^C.^ciLius Metellus and L. Afranius were now
consuls. The first had been praetor in Cicero's con-
sulship, and commanded an army against Catiline, and
was an excellent magistrate and true patriot ; a firm"
opposer of all the factious, and a professed enemy al-
ways to Pompey ; ' in which he was the more heated
by a private resentment of the affront offered to his
sister Mucia, whom Pompey had lately put away J,
His partner, Afranius, was the creatur^ of Pompey 's
power ; but of no credit or service to him, on the ac-
count of his luxury and laziness ; being fonder of balls,
than of business. Cicero calls him a consul, whom
none but a philosopher could look upon without sigh-
ing ; a soldier without spirit ; and a proper butt for
the raillery of the senate, where Palicanus abused him
every day to his face ; and so stupid, as not to know
the value of what he had purchased |!.
By the help of this consul and some of the tribunes,
Pompey imagined, that he should readily obtain the
ratification of his acts, together with an Agrarian law,
which he was pushing forward at the same time, for
the distribution of lands to his soldiers ; but he was
vigorously opposed in them both by the other consul
X Metellus est consul egregius, et nos amat, &c. lb. 18, 19, 20.
Dio, 1. 37. p. 52.
Ij Quern nemo prseter nos philosophos aspicere sine suspiratu
posset.
Aull autem fillus, 6 dii iramortales ! quam ignavus et sine animo
miles ! quam dignus, qui Palicano, sicut facit, os ad male audien-
dum quotidie prsebeat !
Ille alter ita nihil est, ut plaice quid emerit, nesciat.
Auli filius vero ita se gerit, ut ejus consulatus non consulatus fit,
sed magni nostri v-«;r»5y. Ad Att. ib. Dio, ib.
3^2 The LIFE op Sect. IV.
A. Urb. 693. Cic. 47. Coss Q^Caecilius Meteilus Ccler. L. Afranius.
Metellus, and the generality of the senate §. LucuL
lus declared, that they ought not to confirm his acts
in the gross, as if they received them from a master,
but to consider them separately, and ratify those only
which were foimd to be reasonable *, But the tri-
bune Flavins, who was the promoter of the law, im-
patient of this opposition, and animated by Pompey's
power, had the hardiness to commit Metellus to pri-
son ; and when all the senate followed, and resolved
to go to prison too, he clapt his chair at the prison-
door to keep them out : but this violence gave such
a general scandal to the city, that Pompey found it
advisable to draw off the tribune, and release the con-
-sul f . In order to allay these heats, Cicero offered an
amendment to the law, which satisfied both parties,
" by securing the possessions of all private proprietors,
** and hindering the public lands from being given a-
" way :" his proposal was, '' that out of the new re-
'* venues, which Pompey had acquired to the empire,
*' five years rents should be set apart to purchase lands
" for the intended distribution J." But the progress
§ Agraria autem promulgata est a Flavio, sane levis, &.c. Ad
Att. I. 18.
Agraria lex a Flavio tribuno pleb. vehementer agitabatur, auctore
Pompeio : — Nihil populare habebat praeter auctorem : — Huic toti
rationi agrarise senatus adversabatur, suspicans Pompeio novam
quandam potentiam quaeri. Ibid. 19.
* Dio, 1. 37. 52.
, f Ibid.
X Ex hac ego lege, secunda concionis voluntate, omnia tollebam
quse ad privatorum incommodum pertinebant. Unum rationem non
rejiciebam, ut ager hac adventitia pecunia emeretur, quae ex novis
vectigalibus per quinqueniium reciperetur*— Magna cum Agrario-
rum
Sect. IV. CICERO.
3^5^
A. Urb. 693, Cic. 47. Coss.-— Q^Caecilius Metellus Celer. L. AfraniuS.
of the affair was suspended by the sudden alarm of a
GauHc war, which was always terrible to Rome, and
being now actually commenced by several revolted
nations, called for the immediate care and attention of
the government *.
The senate decreed the two Gauls severally to the
two consuls ; and required them to make levies with-
out any regard to privilege, or exemption from service :
and that three senators should be chosen by a lot, one
of them of consular rank, to be sent with a public
character to the other Gauhc cities, to dissuade them
from joining in the war. In the allotment of these
ambassadors, the first lot happened to fall upon Ci-
cero ; but the whole assembly remonstrated against
it, declaring his presence to be necessary at Rome,
and that he ought not to be employed on such an er-
rand. The same thing happened to Pompey, on whom
the next lot fell, who was retained also Vvdth Cicero,
as two pledges of the pubhc safety f . The three at
last chosen were Q^ Metellus Creticus, L. Flaccus, and
Lentulus. The Transalpine Gaul, which was the seat
rum gratia confirmabam omnium privatorum possessiones, (is enim
est noster exercitus, hominum ut tute scis, locupletium) populo au-
tem et Pompelo (nam id quoque volebam) satisfaciebam emptlone.
Ad Att. I. 19.
* Sed liaec tota res interpellata bello refrixerat. Ad Att. i. 19.
f Senatus decrevit, ut consules duas Galiias sortirentur j delec-
tus liaberetur ; vacatlones ne valerent 5 legati cum auctoritate mit-.
terentur, qui adirent Gallitie civitates.— -Cum de consularibus inea
prima sors exisset, una voce senatus frequens me in urbe retinen-
dum censuit. Hoc idem post me Pompeio accidit : ut nos duo.
u asi pignora reipub. retineri videremur. Ibid,
Vol. J. U
3P4 The LIFE of Sect. IV.
A. Urb- 693. Cic. 47. Coss. — Q^Cjecilius Metellus Celer. L. Afranius.
of the war, fell to the lot of Metellus, who could not
contain his joy upon it, for the prospect of glory which
it offered him. *' Metellus," says Cicero, " is an ad-
" mirable consul : I blame him only in one thing, for
" not seeming pleased with the news of peace from
*' Gaul. He longs, I suppose, to triumph. I wish
" that he was as moderate in this, as he is excellent in
" all other respects f ."
Cicero now finished in the Greek language, and in
the stile and manner of Isocrates, what he calls a Com-
mentary or Merjioirs of the transactions of bis Consul-
ship, and sent it to Atticus, with a desire, if he ap-
proved it, to publish it in Athens, and the cities of
Greece. He happened to receive a piece at the same
time, and on the same subject, from Atticus, which
he rallies as rough and unpolished, and without any
beauty, but its simplicity. He sent his own work al-
so to Posidonius of Rhodes, and begged that he would
undertake the same argument in a more elegant and
masterly manner. But Posidonius answered him with
a compliment, that, instead of being encouraged to
write by the perusal of his piece, he was quite deter-
red from attempting it. Upon which Cicero says jo-
cosely, that he had confoimded the whole Greek na-
tion, and freed himself from the importunity of those
little v/its wlio had been teazing him so long, to be
f Metellus tuus est egreglus consul : unum reprehendo, quod
otium e Gallia nunciari non magnopere gaudet. Cupit, credo, tri-
unjphare. Hoc vellem nediocrius ; cetera egregia. Ibid. 20.
Sect. IV. CICERO. 305
A. Urb. 693- Cic. 47. Coss Q^Cscilius Metellus Celer. L. Afranius.
employed in writing the history of his acts J. What
he says in excuse for taking that task upon himself, is,
that it was not a panegyric, but a history, which makes
our loss of it the greater, since it must have given a
more ^xact account of those times than can nov/ be
possibly had, in an entertaining work, finished with
care and elegance, which not only pleased himself, as
it seems to have done very highly, but, as he tells us,
every body else : " If there be any thing in it," says
he, " w^hich does not seem to be good Greek, or polite
" enough to please your taste, I v/ill not say what Lu-
" cullas told you of his own history at Panormus, that
"he had scattered some barbarisms in it, on purpose
" to make it appear to be the v/ork of a F.oman : for
*' if any thing of that kind should be found in mine,
"it is not Vvdth design, but contrary to my inten-
" tion *."
Upon the plan of these memoirs, he composed af-
terwards a Latin poem in three books, in which he
carried down the history to the end of his exile, but
X Tua ilia— ^horridula mihl atque Incompta visa sunt ; sed ta-
men erant ornata hoc ipso, quod ornamenta neglexerant : et ut mu-
lieres, ideo bene olere, quia nihil olebant, videbantur — Ad me re-
scripsit jam Rhodo Posidonius, se nostrum illud vTro^v.'.i^a cum le-
geret, — non modo ncn exitatum ad scribendum, sed etiam plane
^erterritum esse. — Conturbavi Grgecam nationem : ita vulgo qui
instabant, ut darem sibi quod ornarent, jam exhibere mihi modes-
tiam destiterunt. Ad Att. 2. i.
* Commentarium consulatus mel Grasce compositum ad te misi :
in quo si quid erit, quod homini Attico minus Graecum, eruditum-
que videatur, non dicam, quod tibi, ut opinor, Panormi LircuUu-;
de suis historiis dixerat, se, quo facilius illas probaret Romani ho-
minis esse, idcirco barbara quaedam et cro'Koiy.u. dispersisse. Apud
ice si quid erit ejusmodi, me imprudente erit et invito. Att. i. iq.
U 2
3o6 The LIFE of Sect. IV,
A. Urb. 693. Cic. 47. Coss.— Q^Cxcilius Metcllus Celer. L. Afranius.
did not venture to publish it till several years after :
" Not that he was afraid," he says, " of the resentment
*' of those whom he had lashed in it, for he had done
" that part very sparingly, but of those rather whom
" he had not celebrated, it being endless to mention
" all who had been serviceable to him f ." This piece
is also lost, except a few fragments scattered in dif-
ferent parts of his other writings. The three books
were severally inscribed to three of the Muses, of
which his brother expresses the highest approbation,
and admonishes him to bear in mind what Jupiter re-
commends in the end of Urania, or the second book,
which concluded probably with some moral lesson,
not unlike to what Calliope prescribes in the third J.
Inter ea cursus, quos prima a parte jwventce^
^uosque adeo consul virtute animoque petisti,
Hos retine ; atque augefamam laudesque hojiorum.
That noble course, in which thy earliest youth
Was train'd to virtue, liberty, and truth.
In which, when consul, you sudh honour won,
"While Rome with wonder and applause look'd on.
The same pursue ; and let each growing year
A fresh increase of fame and glory bear.
f Scripsi etiam verslbus tres libros de temporibus mels, quosjam-
pridem ad te misissem, si esse edendos putassem — non quia verebar
eos, qui se Itesos arbitrarentur, etenim id feci parce et moHter 5
sed eos, quos erat infinitum bene de me meritos omnes nominare.
Ep. fam. I. 9.
:|; Quod me admones de nostra Urania, suadesque ut meminerim
Jovis orationem, quae est in extreme illo libro : ego vero memini^
et ilia omnia milii magis scripsi, quam caeteris. Ep. ad. Quint*
frat. 2. 9. Vid. Att. 2. 3. De Divin. 1. 11.
Sect. IV. CICERO. 307
A. Urb. 961. Cic. 45. Coss. — Q^Cxcilius Metellus Celer. L. Afranius.
He published likewise at this time a collection of the
principal speeches which he had made in his consul-
ship, under the title of bis Consular Orations : he chose
to make a separate volume of them, as Demosthenes
had done of his Philippics, in order to give a specimen
of his civil or pohtical talents ; " being of a different
" manner," he says, " from the dry and crabbed stile
" of the bar, and shewing, not only how he spoke, but
" how he acted." The two first were against the ag-
rarian law of Rullus ; the one to the senate, the other
t^ the people : the third on the tumult about Otho :
the third, for Rabirius : the fifth, to the sons of the
proscribed : the sixth, upon his resigning the province
of Gaul : the seventh, eighth, ninth, and tenth, on the
affair of Catihne : with two more short ones, as ap-
pendixes to those of the Agrarian law. But of these
twelve, four are entirely lost ; the third, fifth, and
sixth, with one of the short ones ; and som.e of the
rest left maimed and imperfect. He published also,
at this time, in Latin verse, a translation of the Prog-
nostics of Aratus, which he promises to send to Atti-
ticus with the volume of his orations * ; of which
w^ork there are only two or three small fragments now
remaining.
* Fuit exiim mini commodura, quod in eis orationibus, quae Phi--
lippicse nominantur, enituerat civis ille tuus Demosthenes, et quod
se ab hoc refractariolo judicial! dicendi genere abjunxerat, ut c-ifivo-
li^og T<$ et TTdXiTiKaTi^og videretur curare, ut meat; quoque esset ora-
tiones, quae consulares nominarentur. — Hoc totum G-Zf^x curabo ut
habeas : et quoniam te cum scripta, turn res mese delectant iisdem
libris perspicies, et quae gesserim, et quce dixerim. Att. 2. i.
Prognostica mea cum oratiunculis prcpedieni expecta. Ibid,
u 5
3o8 The LIFE of Sect. IV.
A. Urb. 691. Cic, 45. Coss.-'C^Caecilius Metellus Celer. L. Afranius.
Clodius, who had- been contriving all this while how
to revenge himself on Cicero, began now to give an
opening to the scheme which he had formed for that
purpose. His project was, to get himself chosen tri-
bune, and in that office to drive him out of the city,
by the publication of a law, which, by some strata*-
gem or other, he hoped to obtrude upon the people *.
But as all patricians were incapable of the tribunate, by
its original institution, so his first step was to make
himself a plebeian, by the pretence of an adoption in-
to a plebeian house, v/hich could not yet be done with-
out the suffrage of the people. This case was wholly
new, and contrary to all the forms ; wanting every
condition, and serving none of the ends which were
required in regular adoptions ; so that, on the first
proposal, it seemed too extravagant to be treated se-
riously, and would soon have been hissed off with scorn,
had it not been concerted and privately supported by
persons of much more Vv^eight than Clodius. Caesar
was at the bottom of it, and Pompey secretly favour-
ed it : not that they intended to ruin Cicero, but to
keep him only under the lash ; and, if they could not
draw him into their measures, or make him at least sit
quiet, to let Clodius loose upon him. The solicitor
of it v/as one Herennius, an obscure, hardy tribune,
xvho first moved it tT) the senate, and afterwards to the
people, but met with no encouragement from either :
fpr the consul I^vletellus, though brother-in-law to Clo-
* Ille autf:ni non siiiulat, sed plane triuunus plcb, fieri cuijlt.
Ad. Av.. 2. 1.
Sect. IV. CICERO. 309
A. Urb. 691. Cic. 45. Coss. — Q^Cae ilius Metellus Celer. L. Afranius.
dius, warmly opposed it ^ ; and declared, ^' that he
*' would strangle him sooner with his own hands, than
^* suffer him to bring such a disgrace upon his fami-
" ly f :" yet Herennius persisted to press it, but with-
out any visible effect or success ; and so the matter
Jiung through the remainder of the year.
Cicero affected to treat it with the contempt which
it seemed to deserve ; sometimes rallying Glodius v/ith
much pleasantry, sometimes admonishing him with
no less gravity : he told him in the senate, that his at-
tempt gave him, no manner of pain ; and that it should
not be any more in his power to overturn the state,
when a plebeian, than it was in the pov/er of the Pa-
tricians of the same stamp in the time of his consul-
ship J. But whatever face he put outwardly on this
affair, it gave him a real uneasiness within, and made
him unite himself more closely with Pompey, for the
benefit of his protection against a storm which he saw
ready to break upon him ; while Pompey, ruffled like-
wise by the opposition of the senate, was as forward
on his side to embrace Cicero, as a person necessary
to his interests. Cicero how^ever, imagining that this
step would be censured by many, as a desertion of his
old principles, takes frequent occasion to explain the
motives of it to his friend Atticus, declaring, " that the
" absolution of Clodius, the alienation of the knights,
* Verum praeclare Metellus impedit et Impediet. Ibid.
f Qui consul incipientem furere atq^ue conantem, sua se nianu in-
teifecturum, audiente senatu, dixerit. Pro Ca^lio, 24.
J ^Sed neque raagnopere di:-a esse uobis Iabo?aridum, quod nikilo-
jmagis ei liciturum esset Plebeio Rempub. pcrdere, qyara sirailibus
ejus me cououle pauiciis esset llcitum. Ad Att. 2. r.
U4
310 The LIFE of Sect. IV.
A. Urb. 693. Gic. 47. Coss....CieciIius Metellus Ccler. L. Afranius.
" the indolence and luxury of the consular senators,
" who minded nothing but their fish-ponds, their carps
" and mullets, and yet were all envious of him, made it
" necessary for him to seek some firmer support and
" alliance. — That in this new friendship he should at-
" tend still to what the Sicilian wag Epicharmus whis-
" pered," " Be watchful and distrust, for those are the
" nerves of the mind *." On another occasion he ob-
serves, ** That his union with Pompey, though useful
" to himself, was more useful to the republic, by gain-
" ing a man of his power and authority, who was wa-
" vering and irresolute, from the hopes and intrigues
" of the factious : that if this could not have been done
'* without drawing upon himself a charge of levity, he
" would not have purchased that, or any other advan-
" tage at such a price ; but he had managed the mat-
*' ter so, as not to be thought the worst citizen for
*' joining with Pompey, but Pompey himself the bet-
" ter, by declaring for him. — That since Catulus's
" death, he stood single and unsupported by the other
*' consulars in the cause of the aristocracy ; for as the
" poet Rhinton says, some of them were good for no-
" thing, others cared for nothing f . But how much
* Cum hoc ego me tanta famillaritate conjunxi, ut uterque nos-
trum in sua ratione munitior, et in repub. firmior hac conjunctione
esse possit.
Et si iis novis amicitiis implicati sumus, ut crebro mihi vafer ille
Siculus, insusurret Epicharmus, cantilenam illam suam :
Ad Att. I. 19.
\ Illud tamen velim existimes, me banc viam optimatium post
CatuU
Sect. IV. CICERO. 311
A. Urb. 693. Cic. 47. Coss. — Q^CaJcilus Metellus Celer. L. Afranius.
" these fish-mongers of ours envy me, " says he," I will
** write you word another time, or reserve it to our
" meeting. Yet nothing shall ever draw me away
^ from the senate : both because it is right, and most
" agreeable to my interest, and that I have no reason
** to be displeased with the marks of respect which
" they give me J." In a third letter, he says, " You
" chide me gently for my union with Pompey : I
" would not have you to think that I sought it only
^'- for my own sake ; but things were come to such a
" crisis, that if any difference had happened between
" us, it must have caused great disturbance in the re-
** public ; which I have guarded against in such a
" manner, that, without departing from my own max-
*' ims, I have rendered him the better, and made him
** remit somewhat of his popularity: for you must
" know, that he now speaks of my acts, which many
" have been incensing him againt, much m^ore glori-
*^ ously than he does of his own ; and declares, that
" he had only served the state successfully, but that I
" had saved it||. What good this will do to me, I know
*^ not ; but it will certainly do much to the republic,
** What if I could make Caesar also abetter citizen, whose
Catuli mortem nee prcesidio ullo nee comitatu tenere. Nam ut
ait Rhinton, ut opinor,
O/ *tjv Tca,^ iioiv UTiv cU o kalv ^iXzi.
Ad Att 21. 10.
X Mihi vero ut invideant pisclnarii nostri, aut scribam ad te alias,
aut in congressum nostrum reservabo. A curia autem nulla me
jres divellet. Ibid.
jl Quern de meis rebus, in quas multi eum incitarant, multo sci-
to gloriosius, quam de suis praedicare. SIbi enim bene gestae railii
fODServatae rerpub. dat testimonium. lb. 2. i.
31-
The life of Sect. IV.
A. Urb. 693. Cic. 47. Coss. — Q^Cxcilius Metellus Celer. L. Afranius.
" winds are now very prosperous ; should I do any
" great harm by it ? Na^ , if there were none who
" really envied me, but all were encouraging me as
" they ought it would yet be more commendable to
" heal the vitiated parts of the state, than to cut them
*' off: but now, when that body of knights, who were
*• planted by me in my consulship, with you at their
*' head, as our guard in the Capitol, have deserted the
*' senate, and our consulars place their chief happiness
** in training ^the fish in their ponds to feed from their
** hands, and mind nothing else ; do not you think
** that I am doing good service, by managing so, that
" those, who can do mischief, will not ? For as to our
" friend Cato, you cannot love him more than I do ;
•* yet with the best intentions and the greatest inte-
*' grity, he often hurts the republic ; for he delivers
*' his opinion, as if it were in the polity of Plato, not
** in the dregs of Romulus §. What could be more
** just, than to call those to an account, who had re-
** ceived money for judging ? Cato proposed, the se-
" nate agreed to it : the knights presently declared
** war against the senate not against me ; for I was
" not of that opinion. What more impudent, than
** to demand a release from their contract ? yet it was
*' better to suffer that loss, than to alienate the whole
** order : but Cato opposed it, and prevailed ; so that
** now, when the consul was thrown into prison, as
*' well as in all the tumults which have lately happen-
J Nam Catone» nostrum ncntu amas plus quam ego. Sed ta-
Sect. IV, CICERO. 313
A. Urb. 693. Cic. 47. Cofis.— (^Caecilius Metcllus Celer, L. Afranius.
" ed, not one of them would stir a foot ; though under
" me, and the consuls who succeded me, they had
" defended the repubhc so strenously, &c. *."
In the midst of these transactions, Julius Caesar re-
turned from the government of Spain, which had been
allotted to him from his praetorship, with great fame
both for his mihtary and political acts. He conquer-
ed the barbarous nations by his arms, and civilized
them by his laws ; and having subdued the whole
country as far as the ocean, and been saluted emper-
or by the soldiers, came away in all haste to Rome,
to sue at the same time for the double honour of a
triumph and the consulship f . But his demand of
the first was, according to the usual forms, incompati-
ble with his pretensions to the second ; since the one
obliged him to continue without the city, the other
made his presence necessary within : so that, finding
an aversion in the senate to dispense with the laws in
his favour, he preferred the solid to the specious, and
dropt the triumph, to lay hold on the consulship J.
men ille optimo anlmo utens, et summa fide, nocet interdum reipub.
dicit enlm tanquam in Platonis •7roA/]j;a, non tanquam in Romuli fce-
ce, sententiam. Ad Att. 1.2.
* Restitit et pervicit Cato. Itaque nunc, consule in carcere in-
cluso, saepe item seditione commota, aspiravit nemo eorum, quorum
ego concursu, itemque consules, qui post me fuerunt, rempub. de-
fendere solebant. Ad Att. 2. i.
f Jura ipsorum permissu statuerit ; inveteratam quandam bar-
bariam ex Gaditanorum moribus et disciplina delerit. Pro Balbo.
'9- . . ....
Pacataque provincia, pari festmatione, non expectato successore,
ad triurapbum simul consulatumque decessit. Sueton. J. Cses. 18.
Vid. it. Dio, 1, 37. p. 54.
+ Dio, ibid.
314 The LIFE of Sect. IV.
- — -"
A. Urb. 693. Lie. 47. Loss Q^Caecilius MetcUus Celer. L. Afranius.
He designed L. Lucceius for his colleague, and pri-
vately joined interests with him, on condition that
Lucceius, who was rich, should furnish money suffici-
ent to bribe the centuries. But the senate, always
jealous of his designs, and fearing the effects of his
power, when supported by a colleague subservient to
his vnll, espoused the other candidate, Bibulus, with
all their authority, and made a common purse to en-
able him to bribe as high as his competitors : which
Cato himself is said to have approved J. By this
means they got Bibulus elected, to their great joy ; a
man firm to their interests, and determined to obstruct
aU the ambitious attempts of Caesar.
Upon Caesar's going to Spain, he had engaged Cras-
sus to stand bound for him to his creditors, who w^ere
clamorous and troublesome, as far as two hundred
thousand pounds sterling : so much did he want to be
worth nothing, as he merrily said of himself |[. Cras-
sus hoped, by the purchase of his friendship, to be a-
ble to make head against Pompey in the administra-
tion of pubUc affairs : but Caesar, who had long been
courting Pompey, and labouring to disengage him
from an union with Cicero and the aristocratical in-
terest, easily saw, that as things then stood, their joint
:|: Pactus ut is, quoniam inferior gratia esset, pecuniaque polleret,
nummos de suo, communi nomine per centurias pronunciaret. Qua
cognita re, optimates, quos metus ceperat, nihil non ausurum eum
in summo magistratu, concordi et consentiente collega, auctores
Bibulo fuerunt tantundem poUicendi : ac plerique pecunias con-
tulerimt j ne Catone quidem abnuente earn largitionem e repub*
fieri. Sueton. ib. 19.
Ij Plutarch, in C:es. Appian. de bello civ. 2. p. 432. Sueton. ib. i8.
Sect. IV. CICERO- 31^
A. Urb. 695. Cic. 47. Coss Q^Crecilius Metellus Celer. L. Afranius.
Strength would avail but little towards obtaining what
thej aimed at, unless they could induce Pompey also
to join them : on pretence, therefore, of reconciling
Pompey and Crassus, who had been constant enemies,
he formed the project of a triple league betv/een the
three ; by which they should mutually oblige them-
selves to promote each others interest, and to act no-
thing but by common agreement : to this Pompey
easily consented, on account of the disgust which the
senate had impoliticly given him, by their perverse op-
position to every thing which he desired or attempted
in the state.
This is commonly called the First Triumvirate; which
was nothing else in reality but a Traitorous Conspiracy
of Three, the most powerful citizens of Rome, to ex-
tort from their country by violence what they could
not obtain by law. Pompey's chief motive was, to
get his acts confirmed by Caesar in his consulship ;
Csesar's, 1)y giving way to Pompey's glory, to advance
his owm ; and Crassus's, to gain that ascendant, which
he could not sustain alone, by the authority of Pom-
pey and the vigour of Caesar §. But Caesar, who
formed the scheme, easily saw that the chief advan-
tage of it would necessarily redound to himself; he
knew, that the old enmity between the other two,
§ Hoc concilium Pompeius habuerat, ut tandem acta in trans-
marinis provinciis per Ciesarem conlirmarentur consulem : Cs^sar
autem, quod aiiimadvertebat, se cedendo Pompeii gloria? aucturum
suam 5 et invidia communis potentlee in ilium relegata, confirmatu-
rum vires suas : Crassus, ut quern principatum solus assequi ndn
poterat, auctoritate Pompeii, viribus ter.eret Cicsaris. Veil; Pnt.
Q.. 44.
3i6 The LIFE of Sect. IV,
A. Urb. 693. .Cic. 47. Coss. — Q^Caecilius Metellus Celer. L. Afranius.
though it might be palliated, could never be healed
without leaving a secret jealousy between them ; and
as by their common help he Vv^as sure to make himself
superior to all others, so, by managing the one against
the other, he hoped to^gain at last a superiority also
over them both *. To cement this union therefore
the more strongly by the ties of blood as well as in-
terest, he gave his daughter Juha, a beautiful and ac-
complished young lady, in marriage to Pompey : and
from this aera all the Roman writers date the origin
of the civil wars, which afterwards ensued, and the
subversion of the republic, in which they ended f .
tu causa malorum
Facta tribus dominis communis Roma —
Luc AN. I. 85
Hence ilow'd our ills, hence all that civil flame.
When Rome the common slave of three became.
Cicero might have made what terms he pleased
with the Triumvirate ; been admitted even a partner
of their power, and a fourth in their league ; which
seemed to Avant a man of his character to make it com-
plete. For, while the rest were engaged in their go-
vernments, and the command of armies abroad, his
'* Sciebat enim, se alios facile omncs ipsorum auxilio, deinde ip-
sos etlam, imum per altcrum, baud multo postea superaturum esse.
X^io, 1- 37- SS-
f Inter eum et Cn. Pompelum et M. Crassum inita potential
.SQcietas, quse urbi orbique tt rrarum, nee minus diverse quoque tem-
pore, etiam ipsis exitiabilis fuit. Veil. Pat. 2. 44.
Motum ex Metello consule civicum, &c.
Hor. Carm. 2. i.
Sect. IV. CICERO. 317
A. Urb. 691. Cic. 45. Coss. — Q^Csecilfus MettUus Celer. L, Afranius.
authority would have been of singular use at home, to
manage the affairs of the city, and solicit what they
had to transact with the senate or people. C^sar
therefore was extremely desirous to add him to the
party, or to engage him rather in particular measures
with himself ; and no sooner entered into the consul-
ship, than he sent him word, by their common friend
Balbus, that he would be governed in every step by
him and Pompey, with whom he would endeavour to
join Crassus too *, But Cicero would not enter into
any engagements jointly with the Tbree^ w^hose union
he abhorred ; nor into private measures with Caesar,
whose intentions he always suspected. He thought
Pompey the better citizen of the two ; took his views
to be less dangerous, and his temper more tractable ;
and imagined that a separate alliance with him would
be 'sufficient to screen him from the malice of his ene-
mies. Yet this put him under no small difficulty :
for. if he opposed the Triumvirate, he could not ex-
pect to continue well with Pompey ; or, if he served
it, with the senate : in the first, he saw his ruin ; in
the second, the loss of his credit. He chose therefore,
what the wise v/ill always chuse in such circumstan-
ces, a middle way ; to temper his behaviour so, that
* Caesar consul egit eas res, quarum me paticipem esse volult
— me In tribus sibi conjur^ctissiinis consuiaribus esse volait. De
Provinc. consular. 17.
Nam fuit apud me Corneiius, ^A;nc dico E album, Csssarls fami-
Harem. Is atr.rmabat, earn omnibus in rebus meo & Pompeii con-
silio usurum, daturumque operam ut cum Pompeio Crassum. con-
jungeret. Hie sunt htec. Conjunctio milu summa cum Pompexo j
si placet etiam cum Csesare. Ad Att. 2. 3.
3i8 The LIFE of Sect. iV,
A. Urb. 691. Cic. 45- Coss. — CX Caecilius Metellus Celer. L. Afranius.
with the constancy of his duty to the repiibhc, he
might have a regard also to his safety, by remitting
somewhat of his old vigom' and contention, without
submitting to the meanness of consent or approbation ;
and, when his authority could be of no use to his coun-
try, to manage their new masters so, as not to irritate
their power to his own destruction ; which was all that
he desired f . This was the scheme of politics which,
as he often lam.ents, the weakness of the honest, the
perverseness of the envious, and the hatred of .the
wicked, obliged him to pursue.
One of his intimate friends Papirius Paetus, made
him a present about this time of a collection of books,
which fell to him by the death of his brother Servius
Claudius, a celebrated scholar and critic of that age *.
The books were all at Athens, where Servius probably
died ; and the manner in which Cicero writes about
them to Atticus, shews what a value he set upon the
present, and what pleasure he expected from the use
of it.
" Papirius Partus, says he, an honest man, who loves
" me, has given me the books which his brother Ser-
" vius left ; and since your agent Cincius tells me^
" that I may safely take them by the Gincian law f,
f Nihil jam a me asperum in qneiiquam fit, nectamen quidquam
populare ac dissolutum ; sed ita temperata tota ratio est, ut Reip.
constantiam prsestem, privatis rebus meis, propter infirmitatem bo-
norum, iniquitatem malevolorum, odiuin in me improborum 5 adhibe-
am quandam cautionem. Ad Att. i. 19. ..
* Ut Servius, frater tuus, quem literatissimum fuisse. judico, fa-
cile diceret, hie versus Piauti non est. Ep. fam. 9. 16.
f The pleasantry, which Cicero aims at, turns on the name of
Sect. IV. CICERO. 319
A, Urb. 694. Cic. 4.8. Coss. — C. Julius Cfssar. M. Calpurnius Eibulu?.
" I readily signified my acceptance of them. Now if
" you love me, or know that I love you, I beg of you
" to take care, by your friends, clients, hosts, freed-
" men, slaves, that not a leaf of them be lost. I am
" in extreme want both of the Greek books, which I
*' guess, and the Latin, which I know him to have
*' left : for I find more and more comfort every day,
*' in giving all the time, which I can steal from the
" Bar, to those studies. You will do me a great plea-
" sm-e, a very great one, I assure you, by shewing the
" same diligence in this, that you usually do in all o-
" ther affairs, which you take me to have much at
" heart, &c."J.
While Cicero was in the country in the end of the
year, his architect Cyrus was finishing for him at Rome
some additional buildings to his house on mount Pala-
tine : but Atticus, who was just returned from Atheas,
found great fault with the smallness of the windows ;
to which Cicero gives a jocose answer, bantering both
the objection of Atticus, and the way of reasoning of
the architects : " You little think," says he, '* that in
" finding fault with my windows, you condemn the
" Institution of Cyrus * ; for when I made the same
" objection, Cyrus told me, that the prospect of the
" fields did not appear to such advantage through lar-
*' ger lights. For let the eye be A ; the object B. G \
Attlcus''s agent, being tlie same with that of the author of the law j
as if, by being of that family, Iris authority ^^as a good warrant for
taking any present.
X Ad. Att. I. 20.
* Referring to the celebrated piece of Xcnophon^ called b/ that
name.
Vol. L X
320 The LIFE of Sect. IV
A. Urb. 694. Cic. 48. Coss. — C. Julius Caesar. M. Calpurnius Bibulus.
" the rays, D, E ; you see the rest. If vision indeed
" were performed, as you Epicureans hold, by images
" flying off from the object, those images would be
" well crowded in so strait a passage ; but if, by the
" emission of rays from the eye, it will be made com-
" modiously enough. If you find any other fault,
" you shall have as good as you bring ; unless it can
" be mended v/ithout any cost to me f ."
Caesar and Bibulus entered now into the Consul-
ship, v/ith views and principles wholly opposite to each
other ; while the senate were pleasing themselves with
their address, in procuring one consul of their own, to
check the ambition of the other, and expecting now
to reap the fruit of it. But they presently found u-
pon a trial, that the balance and constitution of the
republic was quite changed by the overbearing power
of the three : and that Caesar Vv-as too strong to be con-
trouled by any of the legal and ordinary methods of
opposition : he had gained seven of the Tribunes, of
whom Vatinius was the captain of his mercenaries ;
whose task it was to scour the streets, secure the ave-
nues of the forum, and clear it by a superior force of
all who were prepared to oppose them..
Clodius, in the mean time, was pushing on the af-
fair of his adoption ; and soliciting the people to con-
firm the law, which he had provided for that purpose.
The Triumvirate pretended to be against it, or at least
to stand neuter ; but were v/atching Cicero's motions,
in order to take their measures from his conduct,
which they did not find so obsequious as they expect-
-f- Ad. Att. 2. 3,
Sect. IV. CICERO. 321
A» Urb. 694. Cic. 48. Coss. — C. Julius Caisar. M. Calpurnius Eibulus.
ed. In this interval, it happened that G. Antonius,
Cicero's colleague, who had governed Macedonia from
the time of his consulship, was now impeached and
brought to a trial, for the maladministration of his
province ; and being found guilty, was condemned to
perpetual exile. Cicero was his advocate, and, in the
course of his pleading, happened to fall, with the usual
freedom, into a complaint of the times, and the op-
pression of the repubhc, in a stile that was interpreted
to reflect severely upon their present rulers. The
story was carried directly to C^sar, and represented
to him in such colours, that he resolved to revenge it
presently on Cicero, by bringing on Clodius's law ;
and was so eager in it, that he instantly called an as-
sembly of the people, and being assisted by Pom.pey,
as augur, to make the act legal and auspicious, got
the adoption ratified by the people through all the
forms *, within three hours from the time of Cicero's
speaking.
Bibulus, who was an augur too, being advertised of
what was going forward, sent notice to Pompey, that
he was observing the heavens, and taking the auspi-
ces, during which function it was illegal to transact
any business with the people f . But Pompey, instead
* Hora fortasse sexta diei questus sum in judicic, cura C. An-
tonium defenderem, qusedam de repub. quae mihi visa sunt ad cau-
sam miseri illius pertinere. Haec homines improbi ad quosdam vi-
ros fortes longe aliter atque a me dicta erant, detulerunt. Hora
nona, illo ipso die, tu es adoptatus. Pro Dbm. 16. Vid. Sueton.
J. Cses. 20.
•=!• Negant fas esse agi cum populo cum de coelo servatum sit.
X 2 Quo
322 The LIFE or Sect. IV.
A. Urb. 694. Cio. 48. Coss. — C. Julius Ca-sar. M. Calpurnius BibuJus.
of paying any regard to his message, gaye a sanction
to the proceeding by presiding in it ; so that it v/as
carried without any opposition. " And thus the bow,"
as Cicero calls it, " which had been kept bent against
*' him and the republic, was at last discharged * ;"
and a plain admonition given to him, what he had to
expect, if he would not be more complying. For his
danger was brought one step nearer, by laying the
tribunate open to Clodius, whose next attempt might
probably reach home to him. These lav/s of adoption
v/ere drawn up in the stile of a petition to the people,
after the following form.
" May it please you, citizens, to ordain, that P.
" Clodius be, to all intents and purposes of law, as
" truly the son of Fonteius, as if he were begotten of
" his body in lawful marriage ; and that Fonteius
*' have the power of life and death over him, as much
" as a father has over a proper son : this, citizens,
" I pray you to coniirm in the manner in which it is-
" desired f ."
Quo die de te lex curiaca lata esse dicatur andes negare de cceIo-
esse servatum ? Adest prajsens vir singular! virtute M. Bibu-
lus : hunc consulem illo ipso die ccntendo servasse de coelo. Pro
Dom. 15.
* Fuerat ille annus tanquam intentus arcusin me unum, si-
cut vulgo rerum ignari loquebantur, re quidem vera in universam
rempub. traductione ad plebem faribundi honiinis. Pro Sext. 7.
-f- The lav7yers and all the later writers, from the authoiity of
A. Caeiiius, call this kind of adoption, which was confirmed by a
law of the people, an adrogation : but it does not appear that there
was any such distinction in Cicero's time, who, as he speaks of
this act, either to the senate or the people, never uses any other
term, than that of adoption. Vid. A. Gell. 1. 5. 19.
Sjtct. IV. CICERO. 323
A. Urb. 694. Cic. 48. Co3S.---C. Julius Caesar. M. Calpumius Bibulus.
There were three conditions absolutely necessary
to make an act of this kind regular : first, " that the
" adopter should be older than the adopted, and in-
" capable of procreating children, after having endea-
" voured it without success, when he was capable :
*' secondly, that no injury or diminution should be
*' done to the dignity, or religious rights of either fa-
" miiy : thirdly, that there should be no fraud or col-
*'• lusion in it ; nor any thing sought by it, hxit the
" genuine effects of a real adoption." AH these par-
ticulars were to be previously examined by the col-
lege of priests ; and if, after a due inquiry, they ap-
proved of the petition, it was proposed to the suffrage
of tlie citizens living in Rome, who voted according
to their original division, into thirty curiae, or wards,
w^hich seem to have been analagous to our parishes * :
v/here no business, hov/ever, could be transacted,
when an augur or consul was observing the heavens.
Now, in this adoption of Clodius, there was not one
of these condition:, observed; the college of priests
was not so much as consulted ; the adopter Fonteius
had a wife and children ; was a man obscure and un-
known, not full twenty years old, when Clodius was
thirty -five, and a senator of the noblest birth in Rom.e :
nor was there any thing meant by it, but purely to
evade the lav;s, and procure the tribunate ; for the af-
fair was no sooner over, than Clodius v/as emancipat-
ed, or set free again by his new father from all his o-
* Comitiis Carlatis.
X3
SM
The life of Sect. IV.
A. Urb. 694. Cic. 48. Coss.— C. Julius Czsar. M. Calpurnius Bibulus.
bligations f. But these obstacles signified nothing to
Caesar, who always took the shortest way to what he
aimed at, and valued neither forms nor laws, when he
had a power sufficient to controul them.
But the main trial of strength between the two
consuls was about the promulgation of an Agrarian
law, which C^sar had prepared for distributing the
lands of Campania to twenty thousand poor citi-
zens, who had each three childeren, or more. Bibu-
lus mustered all his forces to oppose it, and came
down to the forum full of courage and resolution,
guarded by three of the tribunes, and the whole body
of the senate ; and as oft as Caesar attempted to re-
commend it, he as often interrupted him, and loudly
remonstrated against it, declaring, that it should ne-
ver pass in his year. From words they soon came
to blows ; where Bibulus was roughly handled, his
fasces broken, pots of filth thrown upon his head ; his
three tribunes wounded, and the whole party driven
out of the forum by Vatinius, at the head of Caesar's
mob *. When the tumult was over, and the forum
f Quod jus est adoptionis, Pontlfices ? Nempe, ut Is adoptet,
qui neque procreare liberos jam possit, et cum potuerit, sit exper-
tus. Quui denique causa cuique adoptionis, quc« ratio generum, ac
dignitatis, quae sacrorum, quaeri a pontificum collcglo solet. Quid
est horum in ista adoptione qua sit um ? Adopt at annos viginti na-
tus, etiam minor, senatorem. Liberorumne causa ? at procreare
potest. Habet uxorrm : suscepit etiam liberos. Q^^ omnis
notio pontificum cum adoptaret esse debuit, 6cc. Pro Dom. ad
Pontif. 13.
* Idcmque tu — nomine C. C'cxsarls, clementissimi atque optimi
viri, scelere vero atque audacia tua M. Sibulum fovo, curia, tempJir,^
locis pubiicis omnibus expulisses, inclusum dcmi ccntifiCies. In
Sect. IV. CICERO. 325
A. Urb. 694. Cic. 48. Coss. — C. Julius Caesar. M. Calpurnius Bibulus.
cleared of their adversaries, Cccsar produced Pompej
and Crassus into the rostra, to signify their opinion of
the law to the people; w?iere Pompey, after speaking
largely in praise c£ it, declared, in the conclusion, that
if any should be so hardy as to oppose it with the
sword, he would defend it with his shield. Crassus
applauded what Pompey said, and warmly pressed the
acceptance of it ; so that it passed upon the spot with-
out any farther contradiction f . Cicero was in the
country during this contest, but speaks of it with great
indignation in a letter to Atticus, and wonders at Pom-
Jsey's policy, in supporting Caesar in an act so odious,
of alienating the best revenues of the republic ; and
says, that he must not think to make them amends by
his rents on mount Libanus, for the lose of those
which he had taken from them in Campania ||. The
senate and all the magistrates were obliged, by a spe-
cial clause of this law, to take an oath to the obser-
vance of it ; which Cato himself, though he had pub-
licly declared that he would never do it, was forced
at last to swallow §.
Bibulus made his complaint the next day in the se-
nate, of the violence offered to his person ; but find-
ing the assembly so cold and intimidated, that no body
cared to enter into the affair, or to move any thing
Vatln. 9. Dio, 38. 61. Suet. Cses. 20. Plutarch. Pomp.
f. Dio, ibid. I. 38.61.
II Cn^us quidem noster jam plane quid cogitet, nesclo. Ad Att.
2. 16.
Quid dices? Vectigal te nobis in monte Antilibauo constituissc,
^gri Campani abstivlissc. ibid.
§ Dio, ibid.
X4
326
The
LIFE OF
Sect.
IV.
A.
Urb.
694-
Cic. 48.
Coss.—C
. Julius Cresar. M.
Ca
Ipurni
us Eibulus
!.
about it, he retired to his house in despair, with a re-
solution to shut himself up for the remaining eight
months in the year, and to act no more in public, but
by his edicts *. This was a weak step in a magistrate
armed v/ith sovereign authority ; for though it had
one effect, v/hich he proposed by it, of turning the odi-
um of the city upon his coUeague, yet it had another
that overbalanced it, of strengthenhig the hands, and
raising the spirits of the adverse party, by leaving the
field wholly clear to them.
As Caesar's view, in the Agrarian law, was to obhge
the populace, so he took the opportunity, which the
senate had thrown into his hands, of obuging the
knights too, by easing them of the disadvantageous
contract which they had long in vain complained of,
and remitting a third part of what they had stipulated
to pay f : and when Cato still opposed it with his u-
sual firmness, he ordered him to be hurried away ta
prison. He 'imagined, that Cato would have appealed
to the Tribunes ; but seeing him go along patiently,
without speaking a word, and reflecting, that such a
violence would create a fresh odium, without serving
any purpose, he desired one of the Tribunes to inter-
pose and release him ||. Re next procured a special
law from the people, for the ratification of all Fom-
* Ac postero die in senatu conquestiim, nee quoquam reperto,
qui super tali constcrnatione referre, aut censcre aliquid auderet —
in earn coegit desperationem, ut quoad pbtestate abiret, domo ab-
ditus nihil aliud quam peredicta cbnunciaret, Sueton. Cces. 20.
f Dio, 38. 62-
11 Plutarch. Cses-
Sect. IV. CICERO. 327
A. IJrb. 654. Cic. 4S. Coss.— C. Julias Cx.mr. M. GJpunrlus Bibulus.
pey's acts in Asia ; and, in the struggle about it, so
•terrified and humbled Lucullus, who was the chief op-
poser, that he brought him to ask pardon at his
feet *.
He carried it still with great outward respect to-
wards Cicero ; and gave him to understand again by
Balbus, that he depended on his assistance in the A-
grarian law ; but Cicero contrived to be out of the wav,
and spent the months of April and May in his Villa
near Antium where he had placed his chief collec-
tion of books f ; amusing himself Vvith the studies and
his children, or, as he says jocosely, in counting the
waves. He was projecting however a system of geo-
graphy at the request of Atticus, but soon grew wea-
ry of it, as a subject too dry and jejune to admit of a-
ny ornament j| ; and being desired also by Atticus to
send him the copies of two orations which he had late-
ly made, his answer was, that he had torn one of them
and could not give a copy ; and did not care to let
the other go abroad, for the praises which it bestowed
on Pompey ; being disposed rather to recant, than
* L. Lucullo, liberius resistenti tantum calumniavum metum in-
jecit, ut ad genua ultro sibi accederet. Sueton. J. Caes. 30.
f Nam aut fortiter resistendum est legi Agrarise, in quo est quae -
dam dimicatio, sed plena laudis: aut quiesceadimi, quod est nan db ■
simile, atque ire in Solonium, aut Antiitm : aut etiam adjavandum,
quod a me aiunt Csesarem sic expectaie, ut non dubitet. Ad Att.
Itaque aut libris me delecto, quorum habeo Antii festivam copi-
am, aut fluctus numero. Ibid. 6,
jj Etenim ymy^tci^ix.ci, qure constitueiam, magmim opus c^t, — ct
hercule sunt res difliciles ad explicandnm et cfiou^iig j nee tarn pcs-
sunt civ§yj^oy^cc<piis-6cc(, quam videbatur. Ibid.
3^^
The life of Sect. IVw
A. Urb. 694. Cic. 48. Coss.— C. Julius Cassar. C. Calpurnius Bibulus.
publish them, since the adoption of Clodius §. He
seems indeed to have been too splenetic at present to
compose any thing but invectives ; of which kind he
was now drawing up certain anecdotes, as he calls
them, or a secret history of the times, to be showed to
none but Atticus, in the stile of Theopompus, the
jiiost satirical of all writers: for all his politics, he says,
were reduced to this one point, of hating bad citizens,
and pleasing himself with writing against them : and
since he was driven from the helm, he had nothing to
wish, but to see the wreck from the shore : or, as So-
phocles says *,
Under the shelter cf a good war 711 roof.
With mind serenely calm and prone to sleeps
Hear the loud storm and beating rain without.
Clodius having got through the obstacle of his a-
doption, began without loss of time to sue for the tri-
bunate, whilst a report was industriously spread,
5 Orationes me quas postulas, quarum alteram non licebat mihi
bcribere, quia abscideram j alteram, ne laudarem eum^ quern non a-
^aabam. Ibid. 7.
Ut sciat hie noster Hierosolymarius, traductor ad plebem, quam
bonam meis pulissimis orationibus gratiam retulerit j quarum ex-
pecta divlnam -Trt^XivoJ^Kv. Ibid. 9.
* Itaque ^v^x^olaf, quae tibi uni legamus, Theopompino genera,
aut etiam asperiore multo, pangentur. Neque aliud jam quicquam
^oXinvofuccf^ nisi odisse irnprobos. Att. 2. 6.
Nunc vero cum cogar exire de navi, non abjectis J^ed receptis gu-
bernacuiis, cupio istorum naufragia ex terra intueri ? cupio, ut ait
i:<uus amicus Sophocles,
— y^XV VTTO ^S'/^
I\v;y.a,q fiiKiiif? -^iKCi^oc '.vdatrf) ^^f\i. ibul. "J
Sect. IV. CICERO. 329
A. Urb. 694. Cic. 48. Coss C Julius Cxsar. M. Calpurnius Bibulus,
which amused the city for a while, of a breach be-
tween him and Caesar. He declared every where
loudly, that his chief view in desiring that office was
to rescind all Caesar's acts ; and Caesar, on his part, as
openly disclaimed any share in his adoption, and de-
nied him to be a plebeian. This was eagerly carried
to Cicero by young Curio, who assured him, that all
the young nobles were as much incensed against their
proud kings as he himself, and would not bear them
much longer, and that Memmius and Metellus Nepos
had declared against them ; which being confirmed al-
so by Atticus's letters, gave no small comfort to Cicero,
all whose hopes of any good, depended, he says, upon
their quarreling among themselves *. The pretend-
ed ground of this rupture, as it is hinted in Cicero's
letters, was Clodius's slighting an offer which the tri-
umvirate made to him, of an embassy to king Tigra-
nes ; for, being weary of his insolence, and jealous of
his growing power, they had contrived this employ-
ment as an honourable way of getting rid of him : but
in the present condition of the republic, Clodius knew
his own importance too well, to quit his views at home,
by an offer of so little advantage abroad ; and was dis*
* Scito Curlonem adolescentem venlsse me salutatum. Valde
ejus sermo de Public cum tuis litteris congruebat. Ipse vero mi-
randum in modum reges cxlisse superbos. Perseaque narrabat in-
censam esse juventutcm, neque ferre haec posse. Att. 2. 8.
Incurrit in me Roma veniens Curio meus — Publius, inquit, tri-
bunatum plebis petit. Quid ais, et inimicissiiTius quidem Caesaris,
et ut omnia, inquit, ista rescindat. Quid Cfcsar ? inquam. Negat
se quicquam de illius adopticne tulisse. Deinde suum, Memmii,
Metelii Nepotis exprom.sit odium. Complexus juvenem dimisi, pro-
perans ad epi:;LQlas. Ibid. 1 2.
33'^ The LIFE of Sect. IV.
;^A. Urb. 694. Cic. 48. Coss.— C. Julius C»sar. M. Calpurnius Bibulus.
gusted that Cassar had not naPxied him among the
twenty commissioners appointed to divide the Cam-
panian lands, and resolved not to stir from the city,
till he had reaped the fruits of the tribmiate. Cicero,
mentioning this affair to Atticus, says, " I am much
*' dehghted with what you write about Ciodius : try
" all means to search into the bottom of it, and send
*' or bring me v/ord, w^hatever you either learn or
*' suspect, and especially what he intends to do about
" the embassy. Before I read your letter, I was wish-
" ing that he would accept it, not for the sake of de-
*' dining a battle w^ith him, for I am in wonderful spi-
*' rits for fighting ; but I imagined that he w^ould lose
" by it all the popularity which he had gained by go-
" ing over to the plebeians. — What then did you m.ean
" by making yourself a plebeian ? Was it only to pay
*' a visit to Tigranes ? Do not the kings of Armenia
*' use to take notice of patricians ?- You see hov/ I
" had been preparing myself to rally the embassy,
*' v/hich if he slights^after all, and if this, as you say,
*• disgusts the authors and promoters of the law, we
;' shall have rare sport. But, to say the truth, Pub-
'' blius . has been treated somewhat rudely by them,
" since he, who was lately the only man with Cscsar,
*' cannot nov\^ fmd a place among the twenty ; and,
*' after promising one embassy, they put him off with
''- another, and, while they bestow the rich ones upon
" Drusus or Vatinius, reserve this barren one for him,
" whose tribunate was proposed to be of such use to
" them. Warn him, I beg of you, on this head, as
*' much as you can : all our hopes of safety are placed
Sect. IV. CICERO.
33
A. Urb. 694. Ck. 48. Cocs.-C. Julius C.-Esar. IvI. Capurnius Bibulu-'.
" on their falling out among themselves, of which, as
" I understand from Curio, some symptoms begin al-
" ready to appear *." But all this noise of a quarrel
was found at last to be a mer€ artifice, as the event
quickly shewed : or, if there was any real disgust a-
mong them, it proceeded no farther than to give the
better colour to a report, by which they hoped to im-
pose upon Cicero, and draw some unwary people into
a hasty declaration of themselves ; and, above all, to
weaken the obstruction to Clodius's election from that
quarter, whence it was chiefly to be apprehended.
Cicero returned to Rome in May, after an inter-
view wnth Atticus, who went abroad at the same time
to his estate in Epirus : he resolved to decline all pu-
blic business as much as he decently could, and to
give the greatest part of his time to the Bar, and to
the defence of causes ; an employment always popu-
lar, which made many friends and few enemies ; so
that he was still fiequented at home, and honourably
attended abroad, and maintained his dignity, he says,
not meanly, considering the general oppression ; nor
yet greatly, considering the part which he had before
acted f . Among the other causes Vvhicli he pleaded
this summer, he twice defended A. Thermus, and once
L. Flaccus, men of praetorian dignity, wlio were both
acquitted. The speeches for Thermus are lost, but:
that for Flaccus remains, yet somewhat imperfect ;
in which, tlioiigh he had lately paid so dear for speak-
* Ad Att. 2. 7,
f Me tuor, ut oppressis omnibus, non demisse : tu tantis'rebu';
gestis, parum fortiter. Ad Att. 2. 18.
332 The LIFE of Sect. IV,
A, Urb. 694. Cic. 48. Coss.—C. Julius Cxsar. M. Calpurnius Bibulus.
ing his mind too freely, we find several bold reflec-
tions on the wretched state of subjection to which the
city was now reduced.
This L. Valerius Flaccus had been praetor in Cice-
ro's consulship, and received the thanks of the senate
for his zeal and vigour in the seizure of Catiline's ac-
complices, but was now accused by P. Laelius of ra-
pine and oppression in his province of Asia, which was
alloted to him from his prsetorship. The defence con-
sists chiefly in displaying the dignity of the criminal,
and invalidating the credit of the Asiatic witnesses.
Cicero observes, " That the judges who had known
" and seen the integiity of Flaccus's life through a se-
*' ries of great employments, were themselves the best
**^ witnesses of it, and could not want to learn it fronj
*' others, especially from Grecians : that for his part,
*' he had always been particularly addicted to that
" nation and their studies, and knew many modest
*' and worthy men among them: that he allowed
*' them to have learning, the discipline of many arts,
" an elegance of writing, a fluency of speaking, and
*' an acuteness of wit : but as to the sanctity of an
" oath, they had no notion of it, knew nothing of the
" force and the efficacy of it : that all their concern
** in giving evidence was, not how to prove, but how
" to express what they said : — that they never ap-
** peared in a cause but with a resolution to hurt, nor
" ever considered what words were proper for an oath,
** but what were proper to do mischief, taking it for
" the last disgrace, to be baflied, confuted, and out-
" done in swearing : so that they never chose the best
Sect. IV. CICERO.
333
A. Urb. 694. Cic. 48. Coss. — C- Julius Csesar. M. Calpurnius Bibulus.
" and worthiest men for witnesses, but the most dar-
" ing and loquacious : — In short, that the whole na-
" tion looked upon an oath as a mere jest, and placed
*' all their credit, livelihood, and praise, on the success
" of an impudent lie : — whereas of the Roman wit-
" nesses, who were produced against Flaccus, though
" several of them came angry, fierce, and walUng to
" ruin him, yet one could not help observing, witli
" what caution and religion they delivered what they
*' had to say ; and though they had the greatest de-
" sire to hurt, yet could not do it for their scruples :—
" that a Roman, in giving his testimony, was always
*' jealous of himself, lest he should go too far, w^eigh-
" ed all his words, and was afraid to let any thing
" drop from him too hastily and passionately, or to
" say a syllable more or less than was necessary *."
Then, after shewing at large by v\'hat scandalous me-
thods this accusation was procured against Flaccus,
and after exposing the vanity of the crimes cliarged
upon him, together v/ith the profligate characters of
the particular Vv^itnesses, he declares, " That the true
* Pro Flacco, 4, 5. This character of the Greek and Romaji
■witnesses is exactly agreeable to what Polyblus, though himself a
Grecian, had long before observed ; that those who manag^cd the
public money in Greece, though they gave ever so many bonds and
sureties for their behaviour, could not be induced to act honestly,
or preserve their faith, in the case even of a single talent; whertas
in Rome, out of pure reverence to the sanctity of an oath, they
were never known to violate their trust, though in the manage-
ment of the greatest sums. [Polyb. 1. 6. p. 49S.] This was cer-
tainly true of the old republic ; but v.-e must make great allowance
for the language of the bar, when we find Cicero applying the same
integrity and regard to an oath to the character of his own times.
334 The LIFE or Sect. IV»
A. Urb. 694. Cic. 48. Coss.— C. Julius Ca:sar. ]^. Calpurnius Bibuius.
" and genuine Grecians were all on Flaccus's side,
" with public testimonies and decrees in his favour. —
" Here," says he, " you see the Athenians, whence
*' humanity, learning, religion, the fruits of the earth,
" the rights and lavv s of mankind, are thought to have
*' been first propagated ; for the possession of whose
" city the gods themselves are said to have contend-
" ed, on the account of its beauty, which is of so great
" antiquity, that it is reported to have brought forth
" its own citizens, and the same spot to have been
*^ their parent, their nurse, and their country ; and of
" so great authority, that the broken and shattered
" frame of Greece depends now singly on the credit
" of this city. — Here also the Lacedaemonians, whose
" tried and renowned virtue was confirmed, not only
** by nature, but discipline, v»^ho alone, of all the na-
" tions upon earth, have subsisted above seven hun-
*' dred years, without any change in their laws and
" manners. — Nor can I pass over the city of Mar-
" seilles, which knew Flaccus when first a soldier, and
" afterwards quaestor, the gravity of whose discipline
" I think preferable, not only to Greece, but to all o-
" ther cities, which, though separated so far from the
" country, the customs, and the language of all Gre-
" cians, surrounded by the nations of Gaul, and wash-
" ed by the navies of barbarism, is so wisely governed
*' by the councils of an aristocracy, that it is easier to
" praise their constitution than to imitate it *." One
part of the charge against Flaccus, was, for prohibit-
Ibid. 26.
Sect. IV. CICERO. 335
A. Urb. 694. Cic. 48. Coss —C. Julius Csesar. M. Calpurnius Bibulus.
ing the Jews to carry out of his provmce the gold
which they used to collect annually through the em-
pire for the temple of Jerusalem, all which he seized
and remitted to the treasury at Rome. The charge
itself seems to imply, that the Jews made no mean fi-
gure at this tim.e in the empire ; and Cicero's answer,
though it betrays a great contempt of their religion,
through his ignorance of it, yet shews that their num-
bers and credit were very considerable also in Rome.
The trial was held near the Aurelian steps, a place of
great resort for the populace, and particularly for the
Jews, who used it probably as a kind of exchange or ge-
neral rendezvous of their countrymen : Cicero therefore
proceeds to say, " It was for this reason, Laslius, and
" for the sake of this crime,' that you have chosen this
"place, and all this crovv^d for the trial; you know
" what a numerous band the Jews are ; what concord
" among themselves ; what a bustle they make in
" our assemblies — I will speak softly, that the judges
^' only may hear me ; for there are people ready to
" incite them against me and against every honest
" man ; and I would not v;illingly lend any help to
" that design— Since our gold then is annually carried
" out of Italy, and all the provinces, in the name of
" the Jews, to Jerusalem, Flaccus, by a public edict,
" prohibited the exportation of it from Asia: and
" w^here is there a man, judges, who does not truly
" applaud this act ? The senate, on several different
" occasions, but more severely in my consulship, con-
" demned the exportation of gold. To withstand this
*' barbarous superstition was a piece therefore of laud-
Vol. I.' Y
33(5 The LIFE of Sect. I V.
A. Urb. 694. Cic. 48. Coss. — C. Julius Csesar. M. Caipurnius Bibulus.
'' able discipline ; and, out- of regard to the republic,
" to contemn the multitude of Jews, who are so tu-
" multuous in all our assemblies, an act of the greatest
" gravity : but Pompey, it seems, when he took Je-
" rusalem, meddled v/ith nothing in that temple : in
" which, as on many other occasions, he acted pru-
" dently, that among so suspicious and ill-tongued a
" people, he would not give any handle for calumjny ;
* for I can never believe, that it was the religion of
" Jews and enemies, which hindered this excellent
" general, but his own modesty." Then, after shew-
ing " that Flaccus had not embezzled or seized the
" gold to his own use, but transmitted it to the public
" treasury, he observes, that it was not therefore for
*' the sake of the crime, but to raise an envy, that this
" fact was mentioned ; and that the accuser's speech
" was turned from the judges, and addressed to the
" circle around them : Every city," says he, " Laelius,
** has its religion ; we have ours : while Jerusalem
*' flourished, and Judasa was at peace with us, yet their
" rehgious rites were held inconsistent with the splen-
*' dour of this empijre, the gravity of the Roman name,
" and the institutions of our ancestors : but much
" more ought they to be held so now ; since they
" have let us see, by taking arms, what opinion they
" have of us ; and by their being conquered, how
" dear they are to the gods *." He proceeds in the
last place to shew, what he had intimated in the be-
ginning, " that the real aim of this trial was to sac-
* Ibid. 28.
Sect. IV. CICERO. 337
A. Urb. 694. Cic. 48. Coss.— C. Julius Cxsar. M. Calpiirnius Bitulus.
" riiice those who had signalized themselves against
*' Catiline, to the malice and revenge of the seditious:"
and puts the judges in mind, " that the fate of the ci-
" ty, and the safety of all honest men, now rested on
" their shoulders : that they saw in what an unsettled
" state things were, and what a turn their affairs had
" taken : that among many other acts, which certain
" men had done, they were now contriving, that by
" the votes and decisions of the judges every honest
*' man might be undone : that these judges indeed
" had given many laudable judgements in favour of
*' the republic ; many, against the wickedness of the
" conspirators : yet some people thought the republic
*' not yet sufficiently changed, till the best citizens
" were involved in the same punishment with the
*' worst. C. Antonius," says he, " is already oppres-
" sed ; let it be so : he had a pecuhar infamy upon
" him : yet even he, if I may be allowed to say it,
" would not have been condemned by you : upon
" whose condemnation a sepulchre was dressed up to
" Cataline,^ and celebrated v/ith a feast and concourse
" of our audacious and domestic enemies, and funeral
*' rites performed to him : nov/ the death of Lentulus
" is to be revenged on Flaccus ; and what m.ore agree-
" able sacrifice can you offer to him, than by Flaccus's
" blood to satiate his detestable hatred of us all ? Let
*' us then appease the manes of Lentulus ; pay the
" last honours to Cethegus ; recal the banished ; nay,
" let me also be punished for the excess of my love to
" my country ; I am already named and mnrked out
" for a trial ; have crim.es forged ; dangers prepared
Y 2
358 The LIFE of Sect. IV.
A. Urb. (^g^. Cic. 48. Coss. — C. Julius Csesar. M. Calpurnius Bibulus.
" for me ; which if they had attempted by any other
" method ; or ifT in tlie name of the people, they had
"■ stirred up the unwary multitude against me, I could
" better have born it ; but it is not to be endured,
*' that they sho^jld think to drive out of the city the
" authors, the leaders, the champions of our common
*' safety ; by the help of senators and knights, who
" With one mind and consent assisted so greatly in
" the same cause. They know the mind and inclina-
" tion of the Roman people : the people themselves
" take all possible occasions of declaring it : there is
" no variety in their sentiments, or their language.
" If any one therefore call me hither, I come : I do
" not only not refuse, but require the Roman people
" for my judge : let force only be excluded ; let
" swords and stones be removed ; let mercenaries be
" quiet ; let slaves be silent ; and when I come to be
" heard for myself, there will not be a man so unjust, if
*' he be free and a citizen, who will notbe of opinion, that
" they ought to vote me rewards, rather than punish-
" ment *." He concludes, by applying himself as
usual, to move the pity and clemency of the bench
towards the person of the criminal, by all the topics
proper to excite compassion : " the merit of his for-
" mer services ; the lustre of his family ; the tears of
" his children ; the discouragement of the honest ;
" and the hurt which the republic would suffer, in
*' being deprived, at such a time, of such a citizen."**
Q^ Cicero, who succeeded Flaccus in the province
of Asia, was now entering into the third year of his
"" ~ * Ibid. 3S.
Sect. IV. CICERO. S39
A. Urb. 961. Cic. 45. Coss. — C. Julius Caesar. M. Caipurnius Eibulus.
government, when Cicero sent him a most admirable
letter of advice about the administration of his pro-
vince ; fraught with such excellent precepts of mode-
ration, humanity, justice, and laying down rules of go-
verning, so truly calculated for the good of mankind,
that it deserves a place in the closets of all who go-
vern : and especially of those who are entrusted v/ith
the command of foreign provinces ; who, by their dis-
tance from any immediate controul, are often tempt-
ed, by the insolence of power, to acts of great- oppres-
sion.
The Triumvirate was now dreaded and detested by
all ranks of men : and Pomxpey, as the first of the
league, had the first share of the public hatred : " so
" that these afFecters of popularity," says Cicero, " have
" taught even modest, men to hiss*." Bibulus was
continually teasing them by his edicts ; in which he
inveighed and protested against all their acts. These
edicts were greedily received by the city ; all people
got copies of them ; and wherever they were fixed up
in the streets, it was scarce possible to pass for the
crov/ds which were reading them f . " Bibulus was
" extolled to the skies ; though I know not why," says
* Qui fremitus liominum ? qui irati animi ? quanto in odio noster
amicus Magnus ? Ad Att. 2. 13.
Scito nihil unquam fuisse tam infame, tarn turpe, tam perseque
omnibus generibus, ordinibus, setatibus offensum, quam hunc sta-
tum, qui nunc est magis mehercuie quam vellem, non modo quara
putaram. Popuiares isti jam etiam modestos homines sibilare do-
cuerunt. Ibid. 19.
f Itaque archilochia in ilium edicta Bibuli populo ita sunt ju-
cunda, ut eum locum, ubi proponuntur, pia; multitudine eorum qui
legunt, tran-jire neoueunt. Ad Att. 2. 21.
Y3
340
The life oi' Sect. IV„
A. Uib. 693. Cic. 47. Coss. — C Julius Cxsar. M. Calpurnius Bibulus.
Cicero, " unless, like another Fabius, he is thought to
" save the state by doing nothing : for what is 'all his
" greatness of mind, but a mere testimony of his sen-
" timents, without any service to the repubhc * ?"■ —
His edicts however provoked Caesar so far, that he at-
tempted 10 excite the mob to storm his house, and
drag himi out by force : and Vatinius actually made
jin assault upon it, though without success f . But
while all the Vv'orld disliked, lamented, anci talked
loudly against these proceedings ; and, above all,
yomig Curio, at the head of the young nobihty : " yet
*' we seek no remedy," says Cicero, " through a per-
J' suasion that there is no resisting, but to our destruc-
" tion J."
The inclinations of the people were shewn chiefly,
as he tells us, in the theatres and public shews ; where,
when Caesar entered, he was received only with a dead
applause ; but when young Curio, who followed him,
appeared, he was clapped, as Pompey used to be in
the height of his glory. And, in the Apollinarian
* Bibulus in coelo est •, nee quare, scio. Sed ita laudatur, qua-
si unus homo, nobis cunctando restituit rem. lb. 19.
Bibuli autem Ista magnitudo animi in comitiorum dilatlone, quid
habet, nisi ipsius judicium sine ulla correctione reipub. Ibid. 15.
f Putaret Caesar oratione sua posse impelli concionem, ut iret ad
Bibulum ; multa cum seditiosissime diceret, vocem exprimere non
potuit. Ad Att. 2. 21.
Qui consulem morti objeceris, inclusum obsederis, extrahere ex
suis tectis conatus sis. In Vatin. 9.
X Nunc quidem novo quodam morbo civitas iporitur j ut cum
omnes ea, quae sunt acta, improbent, querantur, doleant, varietas in
re nulla sit, aperteque loquantur et jam clare gemant j tamen me-
dicina nulla afferatur, ncque cnim resisti sine internecione posse ar-
fcitramur. Att. 2. 21.
Sect. IV. CICERO. 341
A. Urb. 693. Cic. 47. Coss. — C. Julius Caesar. M. Calpumius Bibulus.
plays, Diphilus, the tragedian, happening to have some
passages in his part, which* were thought to hit the
character of Pomp ey, he was forced to repeat them a
thousand times :
Thou by our miseries art great
The time will come, when thou wilt wretchedly lament that
greatness-
If neither law nor custom can restrain thee — ■ —
at each of which sentences the whole theatre made
such a roaring and clapping, that they could hardly
be quieted *. Pompey was greatly shocked, to find
himself fallen so low in the esteem of the city : he had
hitherto lived in the midst of glory, an utter stranger
to disgrace, which made him the more impatient under
so mortifying a change : " I could scarce refrain from
" tears," says Cicero, '^ to see what an abject, paultry
" figure he made in the Rostra, where he never used
*' to appear, but with universal applause and admira-
*' tion ; meanly haranguing against the edicts of Bi-
* Diphilus Tragoedus in nostrum Pompeium petulanter invectus
€st : " Nostra miseria tu es magnus," millies coactus est dicere.
*' Tandem virtutem istam veniet tempus cum graviter gemes," to-
tius theatri clamore dixit, itemque csetera. Nam et ejusmodi sunt
ii versus, ut in tempus ab inimico Pompeii scripti esse videantur. Si
neque leges, ncque mores cogunt, et caitera magno cum fremitu et cla-
more dicta ^sunt. Ibid. 19.
Valerius Maximus, who tells the same story, says, " that Diphi-
" lus, in pronouncing those sentences, stretched out his hands to-
** wards Pompey, to point him out to the company." But it ap-
pears, from Cicero's account of it in this letter to Atticus, that
Pompey was then at Capua •, whither Ccesar sent an express to him
in all haste, to acquaint him with what had passed, and to call him
j)robab]y to Rome. Val. Max. 6. 2.
Y4
342 The LIFE of Sect. IV.
A. Urb. 691. Cic, 45. Coss. — C. Julius Cffisar. M. Calpurnius Bibulus.
" bulus, and displeasing, not only his audience, but
" liimself : a spectacle, agreeable to none so much as
" to Crassus ; to see him fallen so low from such a
" height : — and, as Apelles or Protogenes would have
" been grieved to see one of their capital pieces be-
'> smeared with dirt ; so it was a real grief to me, to
" see the man, whom I had painted with all the co-
" lours of my art, become of a sudden so deformed :
*' for though no body can think, since the affair of
" Clodius, that I have any reason to be his friend ;
" ytt my love for him was so great, that no injury
" could efface it ^\''
Caesar, on the other hand, began to reap somxC part
of that fruit, which he expected from their union : he
foresaw, from the first, that the odium of it would fall
upon Pompey ; the benefit accrue to hnnself f : till
Pompey, gradually sinking under the envy, and him-
self insensibly rising by the power of it, they might
come at last to act upon a level : or, as Florus states
tlie several views of the three, " Caesar wanted to ac-
" quire ; Crassus to encrease ; Pompey to preserve his
" dignity J." So that Pompey, in reahty, was but the
* Ut ille tum.humilis, ut demissus erat : ut ipse etiam sibi, non
lis solum qui aderant, dispiicebat. O spectaculum uni Crasso ju-
cundum, ike — (^lannuam nemo putabat propter Clbdianum nego-
tium me ilii amicum esse dcbeie : tamen taiitus fuit amor, ut ex-
hauriri nulla posset injuria. Ad Att. 2. 21.
f Caisar aniiuadvertebat se — iuvidia communis potentiae in ilium
r^legata, conhrmatuxum vires suas. Veil. Pat. 2. 24a '
X ^ic igitur Caesare dignitatem comparare, Crasso augere, Pom-
pf-'o ret-'nere, cupicntibus, omnibusque pariter potentia cupidis, de.
ihv?.aendii repub. iacile ccnvemt. Lib. 4. 2., ii..
Sect. IV. CICERO. 343
A. Urb. 693. Cic. 47. Coss.-!»C. Julius Caesar. M. Caipurnius Bibulus.
dupe of the other two : whereas, if he had united him-
self with Cicero ; and, through him, with the senate ;
whither his ow^h and his country's interest called him^
and where, from the different talents of the men, there
could have been no contrast of glory or , power ; he
must have preserved through life what his utmost am-
bition seemed to aim at, the character, not only of the
first, but of the best citizen in Rome : but, by his al-
liance with Caesar, he lent his authority to the nursing
up a rival, who gained upon him daily in credit, and
grew too strong for him at last in power. The peo-
ple's disaffection began to open his eyes, and make
him sensible of his error ; which he frankly owned to
Cicero, and seemed desirous of entering into measures
v/ith him to retrieve it *. He saw himself on the
brink of a precipice, where to proceed was ruinous, to
retreat ignominious : the honest were become his e-
nemies ; and the factious had never been his friends :
But though it was easy to see his mistake, it w^as dif-
ficult to find a remedy : Cicero^ pressed the only one,
which could be effectual, an immediate breach with
Caesar ; and used all arguments to bring him to it ;
but Caesar was more successful, and drew Pompey
quite away from him f ; and, having got possession,
* Sed quod facile sentias, taedet ipsum Pompelum, vehementer-
que poenltet, &.c. Att. 2. 22.
, Primum igitur lllud te scire volo, Sampsiceranum, nostrum ami-
cum, vehementer sui status poenitere, restituique in eum locum cu-
pere, ex quo decidit, doloremque suum impertire nobis, et medici-
nam interdum aperte quterere j quam ego possum invenire nuilam.
ibid. 23.
f Ego M. Bibulo, pra:stantissImo cive, consuJe. niliil praetermisi,
quantum
344 The LIFE of Sect. IV,
A. Urb. 693. Cic. 46. Coss — C. Julius Csesar. M. Calpumius Bibulus.
entangled him so fast, that he could never disengage
himself till it was too late.
But, to give a turn to the disposition of the people,
or to draw their attention at least another way, Caesar
contrived to amuse the city with the discovery of a
new conspiracy, to assassinate Pompey. Vettius, who,
in Catiline's affair, had impeached Caesar, and smarted
severely for it, was now instructed how to make a-
mends for that step, by swearing a plot upon the op-
posite party ; particularly upon young Curio, the brisk-
est opposer of the Triumvirate. For this purpose, he
insinuated himself into Curio's acquaintance, and when
he was grown familiar, opened to him a resolution
which he pretended to have taken of killing Pompey ;
in expectation of drav/ing some approbation of it from
him : but Curio carried the story to his father, who
gave immediate information of it to Pompey ; and so
the matter, being made public, was brought before
the senate. This w^as a disappointment to Vettius',
who had laid his measures so, " that he himself should
" have been seized in the forum with a poignard, and
" his slaves taken also with poignards ; and, upon his
" examination, was to have made the first discovery,
*' if Curio had not prevented him. But being now
*' examined before the senate, he denied at first his
" having any such discourse with Curio ; but present-
" ly recanted, and offered to discover what he knew,
" upon promise of pardon, which was readily granted :
quantum facere, nltique potui, quin Pompeium a Csesaris conjunc-
tionc avocarem. In quo Caesar felicior fuit : ipse enim Pompeiuni
a, mea familiaritate disjunxit. Philip. 2. 10.
Sect. IV. CICERO. 345
A. Urb. 694. Cic. 46, Coss. — C. Julius Ccesar. M. Calpurnius Bibulus.
^' he then told them, that there was a plot formed by
" many of the young nobility, of which Curio was the
**: head : that Paullus was engaged in it from the first,
*' with Brutus also and Lentulus, the son of the Fia^
** men, with the privity of his father : that Septimus,
*' the secretary of Bibulus, had brought him a dagger
" from Bibulus himself— This was thought ridiculous,
" that Vettius should not be able to procure a dagger,
*' unless the consul had given him one. — Young Cu-
*' rio was called in to answer to Vettius's information,
" who soon confounded him, and shewed his narrative
" to be inconsistent and impossible : for he had de-
" posed, that the young nobles had agreed to attack
" Pompey in the forum, on the day when Gabinus
♦^ gave his shew of gladiators, and that PauMus was to
** be the leader in the attack ; but it appeared, that
, ♦* Paullus was in Macedonia at that very time. The
*' senate therefore ordered Vettius to be clapt into i-
" rons, and that if any man released him, he should
*' be deemed ^public enemy."
Caesar however, unwilling to let the matter drop so
easily, brought him out again. the next day, and pro-
duced him to the people in the rostra ; and in that
place, where Bibulus, though consul, durst not ven-
ture to shew himself, exhibited this wretch, as his pup-
pet, to utter whatever he should think fit to inspire.
Vettius impeached several here, ^yhom he had not
named before in the senate ; particularly LucuUus and
Domitius ; he did not name Cicero, but said, that a
certain senator of great eloquence, and consular rank,
and a neighbour of the consul, had told him, that the
346 The life of Sect. IV.
A. Urb. 694. Cic. 48. Coss. — C. Julius Csesar. M. Calpurnius Bibulus.
times wanted another Brutus or Ahala. When he
had done, and was going down, being called back a-
gain, and whispered by Vatinius, and then asked a-
loud, whether he could recollect nothing more, he far-
ther declared, that Piso, Cicero's son-in-law, and M.
Laterensis w^ere also privy to the design *. But it
happened in this, as it commonly does in all plots of
the same kind, that the too great eagerness of the ma-
nagers destroyed it's effect : for, by the extravagance
to which it w^as pushed, it confuted itself; and was en-
tertained v/ith so general a contempt by all orders,
that Caesar was glad to get rid of it, by stranghng or
poisoning Vettius privately in prison, and giving it out,
that it was done by the conspirators f .
The senate had still one expedient in reserve for
mortifying Caesar, by throwing some contemptible
province upon him at the expiration of his consulship ;
as the care of the woods or the roads ; or what should
give him at least no power to molest them .% The
distribution of the provinces was, hf ancient usage
and express law, their undoubted prerogative ; which
had never been invaded or attempted by the people J ;
* Ad Atto 2. 24. in Vatin. 11. Sueton. J. Cses. 20.
f Fiegerisne in carctre cervices ipsi illi Vettio, ne quod indic;r
um corrupci judicii extaiet ? In Vatin. 11.
Caesar — desperans tam prsecipitis consilii eventum, intercepisse
veneno indicem creditur. Sueton. J. Caes. 20. Plutarch, in Lucull.
X Eandem ob causam opera optimatibus data est, ut provincite
futuris Coss. minimi negotii, id est, sylvae callesque, decerneientur.
Sueton. 19.
* Tu provincias consulares, quas C. Gracchus, qui unus maxime
popularis fuit, non modo non abstulit ab senatu, scd etiam ut necesse
esset, quotanr/is constilui per senatum decreta lege sanxit. Prj
l>om. 9.
Sect. IV, CICERO. 347
A. Urb. 694. Cic. 48. Coss. — C. Julius Caesar. M. Calpurnius Bibulus. ;
SO that this piece of revenge, or rather self-defence,
seemed to be clearly in their power : but Caesar, who
valued no law or custom, which did not serve his pur-
poses, without any regard to the senate, applied him-
self to his better friends, the people ; and by his agent
Vatinius procured from them, by a new and extraor-
dinary law, the grant of Cisalpine Gaul, with the ad-
dition of Illyricum, for the term of five years. This
was a cruel blow to the power of the senate, and a di-
rect infringement of the old constitution ; as it trans-
ferred to the , people a right which they had never
exercised, or pretended to before *. It convinced the
senate however, that all opposition was vain ; so that
when Caesar soon after declared a desire to have the
Transalpine Gaul added to his other provinces, they
decreed it to him readily themselves ; to prevent his
recurring a second time to the people, and establish-
ing a precedent, so fatal to their authority f .
Clodius began now to threaten Cicero with all the
terrors of his tribunate ; to which he was elected with-
out any opposition : and in proportion as the danger
approached, Cicero's apprehensions were every day
more and more alarmed. The absence of his friend
Atticus, who was lately gone to Epirus, was an ad-
ditional mortification to him : for Atticus having a
j- Eripueras senatui provinclge decernendae potestatem j Impera-
toris deligendi judicium j a^iarii dispensationein 5 quas nunquarn sibi
populus Romanus appetivit, qui nunquarn haec a summi consilii gu-
bernatione aufcrre conatus est. In Vatin. 15.
% Initio quidem Galliam Cisalpinam, adjecto Illyrico, lege Va-
tinia accepit, mox per senatum Comatam quoqi ° ; veritis patribus,
ne si ipsi ^egassent, populus & banc daret. Sueton. 22.
34^ The LIFE of Sect. 1^.
A. Urb. 694. Cic. 48. Coss C. Julius Caisar. M. Calpurnius Bibulus.
great familiarity with all the Clodian family, might
have been of Service, either in dissuading Clodius from
any attempt, or in fishing out of him at least what he
really intended. Cicero pressed him therefore in e-
very letter to come back again to Rome ; " If you love
" me," says he, as much as I am persuaded you do,
" hold yourself ready to run hither, as soon as I call :
*' though I am doing, and will do every thing in my
" power to save you that trouble J. — My wishes and
" my affairs require you : I shall want neither council,
" nor courage, nor forces, if I see you here at the time;
" I have reason to be satisfied with Varro : Pompey
" talks divinely ^. How much do I wish that you
" had staid at Rome ; as you surely would have done^
" if you had imagined how things would happen : we
" should easily have managed Clodius, or learnt at
" least for certain what he meant to do. At present
** he flies about ; raves ; knows not what he would be
" at ; threatens many ; and will take his measures pcr^
" haps at last from chance. When he reflects, in
" what a general odium the administration of our af-
" fairs now is, he seems disposed to turn his attacks
" upon the authors of it ; but when he considers their
" power, and their armies, he falls again upon me ;
" and threatens me both with violence and a trial —
* Tu, si me amas tantum, quantum profecto amas, expeditus fa-
cito ut sis ; si inclamaro, ut accurras. Sed do operam, &. dabo, ne
sit necesse. Ad Att. 2. 20.
f Te cum ego desidero, tum etiam res ad tempus illud vocat.
Plurimum consilii, animi, pnesidii denique mihi, si te ad tempus vi-
dero, accesserit. Varro mihi satisfacit, Pompeius loquitur divinitus.
ib.2i.
Sect. IV. CICERO. 349
A. Urb. 694. Cic. 48- Coss. — C Julius Caesar. M. Calpurnius Bibulus.
" Many things may be transacted by our friend Var-
" ro, which, when urged also by you, would have the
" greater weight ; many things may be drawn from
*' Clodius himself; many discovered, which cannot be
" concealed from you ; but it is absurd to run into
*' particulars, when I want you for all things — the
" whole depends on your coming before he enters in-
" to his magistracy f. Wherefore, if this finds you
" asleep, awake yourself; if standing still, come away ;
" if coming, run ; if running, fly : it is incredible, what
" a stress I lay on your counsel and prudence ; but a-
" bove all, on your love and fidelity, &c. ^"
Caesar's whole aim in this affair was to subdue Ci-
cero's spirit, and distress him so far, as to force him
to a dependence upon him; for which end, while
he was privately encouraging Clodius to pursue him,
he was proposing expedients to Cicero for his secu-
rity : he offered to piic him into the commission,
for distributing the lands of Campania, with which
twenty of the principal senators w^ere charged ; but
as it was an invitation only into the place of one de-
ceased, and not an original designation, Cicero did
not think it for his dignity to accept it : nor cared, on
any account, to bear a part in an affair so odious f :
% Ibid 22.
* Quamobrem, si dormis, expergiscere ; si stas, ingredere j si in-
grederis, curre j si curris, advola. Credibile non est, quantum ego
in consiliis &: prudentia tua, & quod maximum est, quantum in a-
more &. fide ponam. Ad Att. 2. 23.
f Cosconio mortuo, sum in ejus locum invitatus. Id erat voca-
ri in locum mortui. Nihil me turpius apud homines fuisset : neque
vero ad istam ipsam cKr^dxaxv quicquam alienius. Sunt enim iill
apud bones invidiosi. Ibid. 19,
55- The LIFE of Sect. IV.
A. Urb. 694. CIc. 48. Coss.— C Julius Cxsar. M. Calpurnius Bibulus.
he then offered, in the most obliging manner, to make
him one of his lieutenants in Gaul, and pressed it ear-
nestly upon him ; which was both a sure and honour-
able way of avoiding the danger, and what he might
have made use of, so far only as it served his purpose,
without embarrassing himself with the duty of it ^ ;
yet Cicero, after some hesitation, dechncd this also.
He was unwilling to owe the obligation of his safety
to any man, and much more to Caesar ; being desir-
ous, if possible, to defend himself by his own strength ;
as he could easily have done, if the Triumvirate would
not have acted against him. But this stiffness so ex-
asperated Caesar, that he resolved immediately to as-
sist Clodius, with all his power, to oppress him, and
in excuse for it afterwards, used to throw the whole
blame on Cicero himself, for slighting so obstinately
all the friendly offers which he made to him J. Pom-
pey all this while, to prevent his throwing himself per-
haps into Caesar's han^s, v^as giving him the strongest
assurances, confirmed by oaths and vows, that there
was no danger, and that he would sooner be killed
* A Ciesare valde liberaliter invitor in legationem illam, sibi ut
<Am. legatus. Ilia et munitior est, et non impedit, quo minus ad-
sim, cum veliro. Ibid. 18.
Csesar me sibi vult esse legatum. Honestior haec declinatio pe-
riculi. S.ed ego hoc nunc repudio. Quid ergo est ? Pugnare ma-
lo : nihil tamcn ccrti. Ibid. 19.
' % Ac solct, cum se purgat, in me conferre omnem istorum tem-
pOTum tulpam : ita me sibi fuisse inimicum, ut ne honorem quidem
a se accipere vellem. Att. 9. 2.
Non caruerunt suspicione oppressi Ciceronis, Caesar et Pompeius.
Hoc sibi contraxisse videbatur Cicero, quod inter xx. viros divi-
dendo agro Campano esse noluisset. Veil. Pat. 2. 45.
Sect. IV. CICERO. ^s^
A Urb. 694. Cic. 48. Coss. — C Julius Caesar. M. Calpurnius Bibulus.
himself, than suffer him to be hurt ; that both Clo-
dius, and his brother Appius, had solemnly promised
to act nothing against him, but to be wholly at his
disposal ; and, if they did not keep their word, that he
would let all the world see how much he preferred
Cicero's friendship to all his other engagements. In
Cicero's account of this to Atticus, " Varro," says he,
" gives me full satisfaction. Pompey loves me, and
" treats me with great kindness. Do you believe him ?
" you'll say. Yes I do. He convinces me, that he
" is in earnest. — Yet since all men of affairs, in their
" historical reflections, and even poets too in their ver-
" ses, admonish us always to be upon our guard, nor
" to believe too easily, I comply with them in one
" thing ; to use ail proper caution, as far as I am able ;
" but for the other, find it impossible for me not to
" believe him *."
But whatever really passed between Clodius and
Pompey ; Cicero perceiving that Clodius talked in a
different strain to every body else, and denounced no-
thing but war and ruin to him, began to be very sus~
* Pompeius omnia pollicetur et Caisar : quibus ego ita credo,
«t nihil de mea comparatione diminuam. Ad. Quint. Fr. i. 2.
Pompeius aniat nos, carosque habet. Credis ? inquies. Credo :
Prorsus mihi persuadet. Sed quia, ut video, pragmatici liomines
omnibus historicis praeceptis, versibus denique cavere jubent, et ve-
tant credere j alterum facio, ut caveam : alterum, ut non credam,
facere non possum. Clodius adhuc mihi denunciat periculum :
Pompeius afhrmat non esse periculum ; adjurat, addit etiam, se pri-
lls occisum iri ab eo, quam me violatum iri. Ad Att. 2. 20.
Fidem recepisse sibi et Clodium et Appium de me : banc si ille
non servaret, ita laturum, ut omnes intelligerent, nihil antiquius
amicitia nostra fuisse, &c. Ibid. 22,
Vol. I. Z
35^ The LIFE of Sect. IV.
A. Urb. 6^4. Cic. 48. Coss.—C. Julius Cxsar. M. Calpurnhis Bibulu^.
picious of Pompey; and prepared to defend himself
by his genuine forces, the senate and the knights, with
the honest of all ranks, who were ready to fiy to his.
assistance, from all parts of Italy *. This was the si-
tuation of affairs, when Clodius entered upon the tri^
bunate ; where his first act was, to put the same af-
front on Bibulus,- which had been offered before to
Cicero, on laying down that oftice, by not suflering
him to speak to the people, but only to take the ac-
customed oath.
(^ Metellus Celer, an excellent citizen and patriot,
who from his consulship obtained the government of
Gaul, to which Caesar now^ succeeded, died suddenly
this summer at Rome, in the vigour of his health and
flower of his age, not without suspicion of violence.
His wife, the sister of Clodius, a lew^d, intriguing wo^
man, was commonly thought to have poisoned him ;
as well to revenge his opposition to all the attempts of
her brother, as to gain the greater liberty of pursuing
her own amours. Cicero does not scruple to charge
her with it in his speech for Caelius, where he gives a
moving account of the death of her husband, whom
he visited in his last moments ; when, in broken, faul-
tering accents, he foretold the storm which w^as ready
* Clodius est inimicus nobis. Pompeius confirmat eum nihil
facturum esse contra me. Mihi peiiculosum est credere : ad resis-
tendum me paro. Studia spero me summa habiturum omnium or-
tlinum. Ibid. 2i.
Si diem Clodius dixerit, tota Italia concurret — sin autem vi age-
re conabitur — omnes se et suos liberos, amicos, clientes, liberos,
servos, pecunias denique suas pollicentur. Ad Quint. Fr, 1.2.
Sect. IV. CiCERO. ^Si
A. Urb. 694. Cic, 48. Coss.— C. Julius Csesar. M. Calpurnlus IBIbuTus.
to break, both upon Cicero and the repubhc ; and, in
the midst of his agonies, signified it to be his only con-
cern in dying, that his friend and his country should
be deprived of his help at so critical a conjuncture *.
By Metelliis's death a place became vacant in the
college of Augurs : and though Cicero was so shy of
accepting any favour from the Triumvirate, yet he
seems incHned to have accepted this, if it had been
offered to him, as he intimates in a letter to Atticus.
" Tell me," says he, " every tittle of news that is stir-
" ring ; and since Nepos is leaving Rome, who is to
" have his brother's Augurate : it is the only thing
" with which they could tempt me. Observe my
" weakness ! But what have I to do with such things,
" to which I long to bid adieu, and turn myself en-
" tirely to philosophy ? I am now in earnest to do it ;
" and wish that I had been so from the beginning f ."
* Cum ille — tertio die post quam in curia, quam inrostris, quam
in repub. tloruisset, integerrima tetate, optimo habitu, maximis vi-
ribus, eriperetur bonis omnibus atque universye civitati. — Cum me
mtuens flentem significabat interruptis atque morientibus vocibus,
quanta impenderet procella urbi, quanta tempestas civitati — ut non
se emori, quam spoliari suo prresidio cum patriam, tum etiam me
doleret. — Ex hac igitur domo progressa ilia mulier de veneni cele-
ieritate dicere audebit ? Pro Coelio, 24.
f Et numquid novi oninino : et quoniam Nepos proiiciscitur,
cuinam Auguratus deferatur, quo quidem uno ego ab istis capi
possum. Vide levitatem meam ! Sed quid ego base, qiwd cupio
deponere, et toto animo atque omni cura <PiX6a-o(pih ? Sic, inquamj
in animo est j vellem ab initio. Ad Att. 2. 5.
An ingenious French writer, and an English one also, not less
ingenious, have taken occasion from this passage to form a heavy-
charge against Cicero both in his civil and moral character. Thc^
Frenchman descants with great gr^.vitv on the foible of human na-
ture, and the astonishing weakness of our orator, in suffering a
Z 2
354
The life of" Sect. IV.
A. Urb. 694. Cic 48. Coss. — C Julius Casar. M. Calpurnius Bibulus.
But his inclination to the Augurate, at this time, was
nothing else, we see, but a sudden start of an unweigh-
ed thought ; no sooner thrown out, than retracted ;
and dropt only to Atticus, to whom he used to open
all his thoughts with the same freedom with which
they offered themselves to his own mind f : for it is
certain that he might have had this very Augurate,
if he had thought it worth asking for ; nay, in a let-
ter to Cato, who could not be ignorant of the fact,
he says, that he had actually slighted it ; which seems
indeed to have been the case J : for though he was
within twenty miles of Rome, yet he never stirred
from his retreat to solicit or offer himself for it, which
he must necessarily have done, if he had any real de-
sire to obtain it.
Cicero's fortunes seemed now to be in a tottering
condition : his enemies Vv ere gaining ground upon
thought to drop from him, which must for ever ruin his credit with
posterity, and destroy that high opinion of his virtue, which he la-
bours every where to inculcate. But a proper attention to the ge-
neral tenor of his conduct would easily have convinced him of the
absurdity of so severe an interpretation •, and the facts produced in
this history abundantly shew, that the passage itself cannot admit
any other sense, than what I have given to it, as it is rendered also
by Mr Mongault, the judicious translator of the epistles to Atticus,
viz. that the Augurate was the only bait that could tempt him. j not
to go into the measures of the Triumvirate, for that was never in
his thoughts, but to accept any thhig from them, or suffer himself
to be obliged to them. See Hist, de I'Exil de Ciceron. p. 42.
Considerations on the Life of Cic. p. 27.
f Ego tecum, tanquam mecum loquor. Ad. Att. 8. 14.
:|: Sacerdotium denique, cum, quemadmodum te existimare arbil-
ror, non dilhcillime consec^ui possem, non appetivi. — Idem post in-
iuriam acceptam — studui quam ornatissima senatus populique Ro-
mani de me judicia intercedere. Itaque et Augur postea fieri volui,
quod antea neglexeram. Ep. fam. 15. 4.
.Sect. IV. CICERO. 355
A. Urb. 695. Cic. 49. Coss.— L. Calpurnius Piso. A. Gabiniss.
him, and any condition of help from the new magi-
strates might turn the scale to his ruin. Catuius
used to tell him, that he had no cause to fear any
thing ; for that one good consul was sufficient to pro-
tect him ; and Rome had never known two had ones
in office together, except in Cinna's tyranny ||. But
that day was now come ; and Rome saw in this year,
what it had never seen before in peaceful times since
its foundation, two proffigate men advanced to that
jiigh dignity.
These were L. Calpurnius Piso and A. Gabinius ;
the one, the father-in-law of Caesar ; the other, the
creature of Pompey. Before their entrance into of-
fice, Cicero had conceived great hopes of them, and
not without reason : for, by the marriage of his daugh-
ter he was aUied to Piso ; who continued to give
him all the marks of his confidence, and had employ-
ed him, in his late election, to preside over the votes
of the leading century ; - and, when he entered hzlr*
his office, on the first -of Jsn-aaiy, asked his opinion the
third in the senate, or the next after Pompey and
Crassus § : and he might flatter himself also probably,
II AudieraiR ex saplentlssimo homme, Q^ Catulo, non saepe un-
um consulem improbum, duos vero TiUnquam post Romam cond>
tam, excepto illo Cinnano tempore, fuisse. Quare meam causam
semper fore flrmissimam dicere solebat, dum vel unus in repub.
Consul esset. Post red. in Sen. 4.
§ Consules se optime ostendunt. Ad Quint. Fr. i, 2.
Tu misericors me affinerti tuum, quern tuis comitiis pr-derogativae
primum custodeni prarfeceras : quem kalendis Januariis tertia loco
??fcntentiam rogaras, constrictitm inimicis reipub. tradidisti. Fbst
r^'-l h\ S^r!. 7. In Pis'. ^, 6-
^^6 Ths life of Sect. IV. •
A. Urb. 695. Cic, 49. Coss.— L. Calpurnius Piso. A. Gabinius.
that, on account of the inlluence which they were
under, they w^ould not be very forward to declare
themselves against him ^. But he presently found
himself deceived : for Clodius had already secured
them to his measures, by a private contract to procure
for them, by a grant of the people, two of the best
governments of the empire ; for Piso, Macedonia,
with Greece and Thessaly ; for Gabinius, Cihcia :
and when this last was not thought good enough, and
Gabinius seemed to be displeased with his bargain, it
was exchanged soon after for Syria, with a power of
making war upon the Parthians f . For this price
they agreed to serve him in all his designs, and parti-
cularly in the oppressions of Cicero ; who, on that ac-
count, often calls them, not consuls, but brokers of
provinces, and sellers of their country J.
They were, both of them, equally corrupt in their
morals, yet very different in their tempers. Piso had
been accused the year before by P. Clodius, of plun-
iiering and oppressing the allies : when, by throwing
* The author of the Ex?7e of Cicero, to aggravate the perfidy of
Gabinius, tells us, that Cicero had defended him in a capital cause,
and produces a fragment of the oration : but he mistakes the time
of the fact •, for that defence was not made till several years itfter
this consulship *, as we shall see hereafter in its proper place. Hist,
de TExile de CIc. p. 115.
j- Foedus fecerunt cum tribuno pleb. palam, ut ab eo provincias
acciperent, quas vellent — id autem foedus meo sanguine ictum san-
ciri posse dicebant. Pro Sex. 10.
Cui qiiidem cum Ciliciam dedisses, mutasti pactionem et — Gabi-
jiio, pretio amplificato, Syriam nominatim dedisti. Pro Dom. 9.
X Non consules, sed mercatores provinciarum, ac venditores ves-
.Jr^ dignitatis. Post red. in Sen. 4.
Sect. IV. CICERO. 357
A. Urb. 695. Cic. 49. Coss. — L. Calpuraius Piso. A. Gabjnius.
iiiAiself at the feet of his judges in the most abject
manner, and in the niidst of a violent rain, he is s?ad
to have moved the compassion of the bench, who
thonght it punishment enough tor a man of his birth,
to be reduced to the necessity of prostrating himself
50 miserably, and rising so deformed and besmeared
■witA dirt II . Eut in truth, it v/as Cesar's authority
that saved him and reconciled him at the same time
to Clodius. In his outward carriage, lie affected the
mien and garb of a philosopher ; and his aspect great-
ly contributed to give him the credit of that charac-
ter : he was severe in his looks : squalid in his dress ;
slow in his speech ; morose in his m.anners ; the very
picture of antiquity, and a pattern of the ancient re-
public ; ambitious to be thought a patriot, and a re-
viver of th« old discipline. But this garb of rigid vir-
tue covered a most lewd and vicious mind : he was
•surrounded always with Greeks, to imprint a notion
of his learning: but v/hile others entertained them
for the improvement of their knowledge ; he, for the
gratification of his lusts ; as his cooks, his pimps, or
his drunken companions. In short, he was a dirty,
sottish, stupid Epicurean ; wallowing in all the low
and fdthy pleasures of hfe ; till a false opinion of his
wisdom, the splendor of his great family, aud the
smoky images of ancestors, whom he resembled in no-
il L. Piso, a P. Clodio accusatus, quod graves et intolerabiles in-
jurias sociis intulisset, baud dubice ruinie metum fortuito auxilio vi-
tavit — quia jam satis groves euni poenas sociis dedisse arbitrati mnt
hue deducUun necessitatis, ut abjicere se tam suupliciter, aut attol-
kre tarn deibrmiter cogerctur. Val. M. 3. i. "' . '
35B The LIFE of vSect, IV.
A. Urb. 695. Cic. 49. Coss.— L. Calpurnius Piso. A Gabinius.
thing but his complexion, recommended him to the
consulship ; which exposed the genuine temper and
talents of the man ^.
His colleague Gabinius was no hypocrite but a pro-
fessed rake from the beginning ; gay, foppish, luxuri-
ous ; always curled, and perfumed ; and living in a
perpetual debauch of gaming, wine, and women ; void
of every principle of virtue, honour, and probity ; and
so desperate in his fortunes, through the extravagance
of his pleasures, that he had no other resource, or
hopes of subsistence, but from the plunder of the re-
public. In his tribunate, to pay his court to Pompey,
he exposed to the mob the plan of Lucullus's house,
to shew w^hat an expensive fabric one of the greatest
subjects of Rome was building, as he w^ould intimate,
put of the spoils of the treasury : yet this vain man,
oppressed with debts, and scarce able to shew his head,
* Quam teter incedebat ? quam truculentus ? quam terribilis as-
pectu ? Aliquem te ex barbatis illis, exeniplum veteris imperii, ima-
ginein antiquitatis, columen reipub. diceres intueri. Vestitus aspe-
le, nostra hac purpura plebeia, et pene fusca. Capillo ita horrido,
ut — tanta erat gravitas in oculo, tanta contractio frontis, ut illo su-
percilio respub, tanquam Atlante ccElura, niti videretur. Pro Sext.
8. Quia tristem semper, quia taciturnum, quia subhorridum atque
incultum videbant, et quod erat eo nomine, ut ingenerata familiar
frugalitas videretur j favebant — etenim animus ejus vultu, flagitia
parietibus tegebantur — laudabat homo doctus philosophos nescio
quos — 9. Jacebat i^ sue Gra^corum foetore et vino — Gricci stipati
quini in lectulis, saepe plures. In Pis. 10. 27,
His utitur quasi praifectis libidinum suarum : hi voluptates om-
nes vestigant atque odorantur: hi sunt conxlitores instructoresque
convivii, &c. Post red. in Sen. 6.
Obrepisti ad honores errcre hominum, commendatione fumosa-
rum imaginum, quapm simile nihil habes prieter colorem. In
Pis. I.
Sect. IV. CICERO. 359
A, Urb. 695. Cic 49. Coss. — I-.. Calpumjus Piso. A. Gabinius.
found means, from the perquisites of his consulship,
to build a much more magnificent palace than Lucul-
lus himself had done *. No wonder then, that two
such consuls, ready to sacrifice the empire itself to
their lusts and pleasures, should barter away the safe-
ty and fortunes of a private senator, whose virtue was
a standing reproof to them, and whose very presence
gave some check to the free indulgence of their
vices.
Clodius having gained the consuls, made his next
attempt upon the people, by obliging them with seve-
ral new laws, contrived chiefly for their advantage,
which he now promulgated. " First, that corn should
" be distributed gratis to the citizens. Secondly,
** that no magistrates should take the auspices, or ob-
*' serve the heavens, when the people were actually as-
" sembled on public business. Thirdly, that the
*' old companies or fraternities of the city, v/hich the
" senate had abolished, should be revived, and new
" ones instituted. Fourthly, to please those also of
higher rank, that the senators should not expel
" from the senate, or inflict any mark of infamy on a-
" ny man, who was not first openly accused and con-
" victed of some crime by their joint sentence f ,"
* Alter unguentis affluens, calamistra coma, despiciens conscios
stuprorum — fefellit neminem — hominem emersum subito ex diutur-
nis tenebris lustrorum ae stuprornm — vino, ganeis, lenociniis, adul-
teriisque consectum. Pro Sext. 9.
Cur ille gurges, heluatus tecum simul reipub. sanguinem, ad coe.-
lum tamen extruxit villam in Tusculano visceribus xrarii. Pr©
Pom. 47.
f Vid. Orat. in Pilon. 4. et notas Asconii. Dio. L 38. p. 67. ,
360 The life of Sect. I V,
A- Urb. 695. Cic. 49. C039. — L. Csi'purnius Piso. A. Gabinius.
These laws, though generally agreeable, were highly
unseasonable; tending to relax the public discipline,
at a time w^hen it wanted most to be reinforced : Ci-
cero took them all to be levelled at himself, and con-
trived to pave the way to iiis ruin ; so that he provid-
ed his friend L. Ninnius, one of the tribunes, to put hi^
negative upon them ; especially on the law af frater-
nities; which, under colour of incorporating those soci-
eties, gave Clodius an opportunity of gathering an ar-
my, and enlisting into his service all the scum and
dregs of the city .* Dion Cassius says, that Clodius
fearing, lest this opposition should retard the effect of
his other projects, persuaded Cicero, in an amicable
conference, to withdraw his tribune, and give no inter-
ruption to his laws, upon a promise and condition,
that he would not make any attempt against him f :
but w^e find, from Cicero's account, that it was the ad-
vice of his friends which induced him to be quiet a-
gainst his own judgment ; because the laws themselves
were popular, and did not personally affect him : though
he blamed himself soon afterwards for his indolence,
and expostulated with Attic us for advising him to it ;
Avhen he felt to his cost the advantage which Clodius
had gained by it J.
For the true design of all these laws was, to intro-
duce only with better grace the grand plot of the play,
*■ Collegia, non ea solum, quic Senatus sustulerat, restituta, sejl
innumerabilla quctdam aova ex omni fctce urbis ac servitio conci-
tata. In Pison. 4.
f DIo, 1. 38. p. 67. _ ... '
X Nunquam esses passus mihi persuader!, utile nobis esse legem,
de Collegiis perferri. Ad Att. $> iS'
Sect. IV. CICERO. 361
A. Urb. 695. Cic. 49. Co-SS.--L. Calpiirniu.s Piso. A. Gubinius.
the banisment of Cicero, which was now directly at-
tempted hy a special law, importing, that whoever
had taken the life of a citizen, uncondemned, and
without a trial, should be prohibited from fire and
water f . Though Cicero was not named, yet he was
marked out by the law : his crime was, the putting
Catihne's accomphces to death, which, though not
done by his single authority, but by a general vote of
the senate, and after a solemn hearing and debate,
was alleged to be illegal, and contrary to the liberties
of the people. Cicero, finding himself thus reduced
to the condition of a criminal, changed bis habit upon
it, as it was usual in the case of a public impeach-
ment, and appeared about the streets in a sordid or
mourning gown, to excite the compassion of his citi-
zens ; whilst Ciodius, at the head of his mob, contriv-
ed to meet and insult him at every turn, reproaching
him for his cowardice and xiejection, throwing dirt
and stones at him %- ^^^^ Cicero soon gathered friends
enough about him, to secure him from such insults ;
" the v/hole body of the knights, and the young nobi-
*' lity, to the number of twenty thousand "*', v/ith
** young Crassus at their head, who all changed their
" habit, and perpetually attended him about the city^
*' to implore the protection and assistance of tbe peo-
»' pie."'
f Qui civem Romanum indemnatum perimisiet, ei aqua et igiu
interdiceretur. Nci^A. Pat. 2. 45.
:j: Plutarch. Cicero.
* Pro me pra^sente senatus, iioiuinumque viginti miliia vesteia
miitaveruut. Post. red. ad Quir. ^. ■ »
3^2 The LIFE OF Sect. IV.
A. Urb. $95. Cic. 49 . Coss. — L. Capurnius Piso. A. Gabinius.
The city was now in great agitation, and every part
of it engaged on one side or the other. The senate
met in the temple of Concord, while Cicero's ^friends
assembled in the Capitol, whence all the knights and
young nobles went in their habit of mourning, to
throw themselves at the feet of the consuls, and beg
their interpasition in Cicero's favour. Piso kept his
■ house that day, on purpose to avoid them, but Gabi-
nius received them, with intolerable rudeness, though
their petition was seconded by the entreaties and tears
01 the whole senate : he treated Cicero's character and
consulship with the utmost derision, and repulsed the
whole company with threats and insults, for their
iruitless pains to support a sinking cause. This rais-
ed great indignation in the assembly, where the tri-
bune Ninnius, instead of being discouraged by the
violence of the consul, made a motion, that the senate
also should change their habit, with the rest of the
city, which was agreed to instantly, by an unanimous
vote. Gabinius, enraged at this, flew out of the se-
nate into the forum, where he declared to the people
from the rostra, " That men were mistaken, to ima-
■* gine that the senate had any power in the repu-
•' bhc ; that the knights should pay dear for that day's
*' work, Vv'hen, in Cicero's consulship, they kept guard
*' in the Capitol, with their drawn swords ; and that
" the hour was now come, when those who hved at
'* that time in fear, should revenr^^e themselves on
** their enemies : and to confirm the truth of what he
** .said, he banished L. Lamia, a Roman knight, two
'* lumdred milqs from t4ie city, for his distinguished
Skct. IV, CICERO. 3^3
A. Urb. 695. Cic. 49. Coss. — L. Calpurnius Piso. A. Gabinius.
" zeal and activity in Cicero's service ^ ;" an act of
power ivhich no consul before him had ever presum-
ed to exert on any citizen, which was followed pre-
sently, " by an edict from both the consuls, forbid-
" ding the senate to put their late vote in execution,
" and enjoining them to resume their ordinary dress f.
" And w^here is there," says Cicero, " in all history, a
" more illustrious testimony to the honour of any man,
" than that all the honest, by private inclination, and
" the senate, by a public decree, should change their
" habit for the sake of a single citizen t ?"
But the resolution of changijig his gown was too
hasty and inconsiderate, and helped to precipitate his
ruin. He was not named in the law, nor personally
* Hie sublto cum incredlbilis in Capitoliura multitudo ex tota
urbe, cunctaque Italia coiivenisset, vestem mutandam omnes, me-
que etiam omni ratione, private consilio, quoniani pubiicis ducibus
respub. careret, defendendum putarunt. Erat eodem tempore se-
natus in sede Concordife, — cum flens universus ordo Cincinnatum
consulem orabat, nam alter ille horridus et severus domi se ccnsul-
to tenebat. Qua tum superbia coenum illud ac labes amplissimi or-
dinis preces et clarissimorum civium lacrymas repudiavit ? Me ip-
sum ut contem^sit helluo patrite ? — Vestris precibus a iatrone isto
repudiatis, vir incredibili fide — L. Ninnius ad seiiatum de repub.
retulit. Senatusque frequens vestem pro mea salute mutandam
censuit — Exanimatus evolat e senatu — advocat concionem — errare
homines, si etiam^ tum senatum aliquid in rep. posse arbitrarentur.
— Venisse tempus iis, qui in timore fuissent, ulciscendi se. — L. La-
miam — in concione relegavit, edixitque ut ab urbe abesset miHia
passuum ducenta — [Pro Sext. 11, 12, 13. it. post red. in Sen. 5.]
Quod ante id tempus civl Romano contigit nemini. Euist. fam.
II. 16.
f Cum subito edicunt duo consules, ut ad suum vestitum sena-
tores redirent. Ep. fam. 11. 14.
X Quid enim quisquam potest ex omni memoria sumere illustriu?;,
^uam pro uno cive et bonos omnes privato consensu, et univerrum
*feenatum publico consilio rautasse vestem ^ Ibid. 12.
SH The life of Sect, IV.
A. Urb. 695. Cic. 49. Coss. — L. Calpurnius Pi^o. A. dabiniua.
affected by it : the terms of it were general, and seem-
ingly just, reached only to those itbo bad taken the
lift- of a L itizen illegally. Whether this was the case
or not, was not yet the point in issue, but to be the
subject of another trial ; so that, by making himself a
criminal before his time, he shortened the trouble of
his enemies, discouraged his friends, and made his case
more desperate than he needed to have done: where-
as, if he had taken the part of commending or shght-
ing the law, as being wholly unconcerned in it, and,
when he came to be actually attacked by a second
law, and brought to trial upon it, had stood resolutely
upon his defence, he might have baffled the malice of
his prosecutors. He was sensible of his error when it
was too late, and oft reproaches Atticus, that, being a
stander-by, and less heated in the game than himself,
he would suffer him to make such blunders f .
As the other consul, Piso, had not yet explicitly de-
clared himself, so Cicero, accompanied by his son-in-
law, who was his near kinsman, took occasion to make
him a visit, in hopes to move him to espouse his cause,
and support the authority of the senate. They went
to him about eleven in the morning, and found him,
as Cicero afterwards told the senate, " coming out
f Niim prior lex nos nihil lii^uebat : quam si, ut est promulgata,
laudare voluissemus, aut, ut erat negligenda, negligere, nocere om-
Tiino nobis non potuisset. Hie mihi primum meum consilium de-
fuit *, sed etiam obfuit. Citci, cseci, iuquam, fuimus in vestitu
mutando, in populo rogando. Quod, nisi norainatim mecum agi
coeptum esset, perniciosum fuit. — Me, meos mcis tradidi inimicis,
inspectante et tacente te j qui, si non plus ingenio valebas quam
ego, certe timebas minus. Ad Att. 3. I5'
Sect. IV. CICERO. 36^^
A. tJfb. 695. Cie. 49. Coss. — L. Calpurnius Piso. A. Gabinius.
" from a little, dirty hovel, fresh from the last night's
" debauch, with his slippers on, his head muffled, and
** his breath so strong of wine, that they could hardly
** bear the scent of it : he excused his dress, and smell
" of wine, on the account of his ill health ; for which
" he was obliged, he said, to take some vinous medi-
" cines ; but he kept them standing all the while in
" that filthy place, till they had finished their business,
" As soon as Cicero entered into the affair, he frank^
" ly told them, that Gabinius was so miserably poor,
" as not to be able to shew his head ; and must be ut-
" terly ruined, if he could not procure some rich pro-
*' vince ; that he had hopes of one from Clodius, but
** despaired of any thing from the senate ; that for his
*' own part, it was his business to humour him on this
" occasion, as Cicero had humoured his colleague in
*' his consulship, and that there was no reason to im^
•* plore the help of the consuls, since it was every
" man's duty to look to himself* :" which was alt
that they could get from him.
Clodius, all the Vv^hile, was not idle, but pushed on
his law with great vigour ; and, calling the people in-
to the Flaminian circus, summoned thither all the
young nobles and the knights, who were so busy in
Cicero's cause, to give an account of their conduct to
that assembly : but as soon as they appeared, he or-
* Egere— — Gabinlum j sine provincia stare non posse : speni
habere a tribuno pleb. a senatu quldem desperasse: hiiju.s te
cupiditati obsequi, slcut ego fecissem m cqllega meo : nihil esse
quod presidium consukim implorarem j slbi rj^uemque consulere o-
portere, S^q. In Fison. 6.
366 The LIFE op Sect. IV.
A. Urb. 695. Cic 49. Coss. — L. Calpurnius Piso-. A. Gabinius.
dered his slaves and mercenaries to fall upon them with
drawn swords, and vollies of stones, in so rude a man-
ner, that Hortensius was almost killed, and Vibienus,.
another senator, so desperately hurt, that he died soon
after of his wounds *. Here he produced the two
consuls, to deliver their sentiments to the people on
the merit of Cicero's consulship ; when Gabinus de-
clared, with great gravity, that he utterly condemned
the putting citizens to death without a trial : Piso on-.
ly said, " that he had always been on the merciful
" side, and had a great aversion to cruelty f ." The
reason of holding this assembly in the Flaminian circus,
without the gates of Rome, w^as to give Csesar an op-
portunity of assisting at it, who, being now invested
with a military command, could not appear within the
walls. Caesar, therefore, being called upon, after the
consuls, to deliver his mind on the same question, de-
clared, " that the proceedings against Lentulus and
" the rest were irregular and illegal ; but that he could
" not approve the design of punishing any body for
" them : that all the world knew his sense of the mat-
* Qui adesse nobilissimos adolescentes, honestisslmos equites Ro-
manos deprecatores mese salutis jusserit j eosque operarum suarum
gladils et lapidlbus objecerit. Pro Sext. 12.
Vidl hunc ipsum Hortenslum, lumen et omamentum reipub. pane
interfici servorum manu — qua in turba C. Vibienus, senator, vir op-
timus, cum hoc cum esset una, ita est mulctatus, ut vitam amiserit.
Pro Mil. 14.
f Pressa voce et tumulenta, quod in cives indemnatos esset animad-
versum, id sibi dixit gravis auctor vehementissime displicere. Post
red. in Sen. 6.
Cum esses interrogatus quid sentires de consulatu meo, respondes,
crudelitatem tibi non placere. In Pis. 6. Te semper misericor-
dem fuisse. Post red. in Sen. 7.
Sect. IV. CICERO. 367
A. Urb. 695. Cic. 49. Coss. — L. Calpurnius Piso. A. Gabinius.
** ter, and that he had given his vote against taking
" away their hves ; yet he did not think it right to
" propound a law at this time, about things that were
" so long past *." This answer was artful, and agree-
able to the part which he was then acting ; for while
it confirmed the foundation of Clodius's law, it carried
a shew of moderation towards Cicero ; or, as an mge-
nious writer expresses it, " left appearances only to the
** one, but did real service to the other f."
In this assembly, Clodius got a new law likewise e-
nacted, that made a great alteration in the constitution
of the republic ; viz. the repeal of the ^lian and Fu-
sian laws : by which the people were left at liberty to
transact all public business, even on the days called
Fasd, without being liable to be obstructed by the
magistrates on any pretence whatever J. The two
laws, now repealed, had been in force about a hundred
years § ; and made it unlawful to act any thing with
the people, while the augurs or consuls were observing
the heavens and taking the auspices. This wise con-
* Dio, 1. 38. p. 69. f Exil. de Cic. p. 133.
:j: lisdem consulibus sedentibus atque inspectantibus lata lex est,
ne auspicia valerent, ne quis obnunciaret, ne quis leg! intercederet j
ut omnibus fastis diebus legem ferre liceret : ut lex ^lia, lex Fu-
sia ne valeret. Qua una rogatione quis non intelligat, universam
rempublicam esse deletam ? [Pro Sext. 15.] Sustulit duas le-
ges, ^liam et Fusiam, maxime reipub. salutares. De Harusp,
resp. 27.
The Dies- Fasti were the days on which the courts of law were
open, and the prcetors sat to hear causes, which were marked for
that purpose in the calendars : but before this Ciodian laiu^ it was
not allowed to transact any business upon them with the people.
§ Centum prope annos legem ^^liam et Fusiam tenueramus.
In Pis. 5.
Vol, I. A a
368 The LIFE of Sect. IV.
A. Urb. 695. Cic. 49. Coss. — L. Calpurnius Piso. A. Gabinius.
sti'tution was the m^in support of the aristocratical in-
terest, and a perpetual curb to the petulance of fac-
tious tribunes, whose chief opportunity of doing mis-
chief lay in their power of obtruding dangerous laws
upon the city, by their credit with the populace. Ci-
cero therefore frequently laments the loss of these two
laws, as fatal to the republic ; he calls them " the most
" sacred and salutary laws of the state ; the fences of
" their civil peace and quiet ; the very walls and bul- .
" w^arks of the republic ; which had held out against
" the fierceness of the Gracchi ; the audaciousness of
" Saturninus ; the mobs of Drusus; the bloodshed of
" Cinna ; the arms of Sylla *, to be abolished at last
by the violence of this worthless tribune.
Pompey, who had hitherto been giving Cicero the
strongest assurances of his friendship, and been fre-
quent and open in his visits to him, began now, as the
plot ripened towards a crisis, to grow cool and reserv-
ed ; while the Clodian faction, fearing lest he mjght
be induced at last to protect him, were employing all
their erts, " to infuse jealousies and suspicions into him
•' of a design against hiai from Cicero. They posted
" some of their confidents at Cicero's house, to v/atch
*' his coming thither, and to admonish him by whis-
*' pers and billets put into his hands, to be cautious of
" venturing himself there, and to take better care of
* Dclnde sanctiisunas leges, iEliam et Fusiarn, quce in Graccho-
jum fcrocitate, et in audacia Satuinini, et in coUuvione Drusi, et
in cruore Cinnano, etiam inter Syllana arma vixenmt, solus con-
culcaris ac pro nihilo putaris. In Vatin. 9. Propugnacula muri-
rjue tranquillitatis et otii. In Piscn. 4.
Sect. IV. CICERO. 369
A. Urb. 695. Cic. 49. Coss L. Calpurnius Piso. A Gabinius.
** his life ; which was inculcated to him likewise so
" strongly at home by perpetual letters and messages
*' from pretended friends, that he thought fit to with-
" draw himself from the city, to his house on the Al-
" ban hill *." It cannot be imagined that he could
entertain any real apprehension of Cicero ; both Cice-
ro's character and his own make that incredible : but
if he had conceived any, it was not, as Cicero says, a-
gainst him, but against the common enemies of them
both, lest they might possibly attempt somewhat in
Cicero's name ; and, by the opportunity of charging
it upon Cicero, hope to get rid of them both at the
same time. But the most probable conjecture is, that
being obliged, by his engagemxent^' with Caesar, to de-
sert Cicero, and suffer him to be driven out of the ci-
ty, he was willing to humour these insinuations, as
giving the m^ost plausible pretext of excusing his per-
fidy.
But Cicero had still with him not only all the best,
but much the greatest part of the city : determined to
run all hazards, and expose their lives for his safety ; f
* Cum iidem ilium, ut me metueret, me caveret, monuerunt 5
jidem me, mihi ilium uni esse inimicissimum, dlcerent. — Pr. Dom.
XI.
Quern — dcrai mese certi homines ad earn rem composlti momie -
rmit, ut esset cautior : ejusque vltoe a me iusidias apud me domi
positas esse dixerunt : atque banc ei suspicionem alii litteris mitten -
dis, alii nunciis, alii coram ipsi excitaverunt, ut ille, cum a me cer-
tc nihil timeret, ab illis, ne quid rneo nomine molirentur, cavendum
putaret. Pro Sext. 18.
f Si ego in causa tam bona, tanto studio senatus, consensu tam
incredibili bonorum omnium, tam parato, t'ota- denique Italia ad
omnem contentionem expedita. lb. 16.
A a 2
370 The LIFE or Sect. iV.
A. Urb. 695. Cic. 49. Coss. — L. Calpurnius Piso. A- C.binius.
and was more than a match for all the strength of
Clodius and the consuls, if the Triumvirate only would
stand neater. Before things came therefore to extre-
mity, he thought it adviseable to press Pompey in such
a manner, as to know for certain, what he had to ex-
pect from him : some of his chief friends undertook
this task ; Lucullus, Torquatus, Lentulus, &c. who,
with a numerous attendance of citizens, went to find
him at his Alban Villa, and to intercede with him,
not to desert the fortunes of his old friend. He re-
ceived them civilly, though coldly ; referring them
wholly to the consuls, and declaring, ** that he, being
** only a private man, could not pretend to take the
*' field against an armed tribune, without a public au-
" thority ; but if the consuls, by a decree of the se-
" nate, would enter into the affair, he would presently
" arm himself in their defence f ." With this answer
they addressed themselves again to the consuls : but
with no better success than before : Gabinius treated
them rudely ; but Piso calmly told them, " that he
*' was not so stout a consul, as Torquatus and Cicero
'• had been ; that there was no need of arms, or fight-
" ing ; that Cicero might save the repubhc a second
'' time, if he pleased, by withdrawing himself; for if
'' he staid, it would cost an infinite quantity of civil
*' blood ; and in short, that neither he nor his col-
X Nonne ad te L. Lentulus, L. Torquatus, M. Lucullus venit ?
Qui omnes ad eum, multique mortales oratum in Albanum obse-
cratumque venerant, ne meas fortunas desereret, cum reipub. fortu-
nis conjunctas.— Se contra armatum Tribunum plcb. sine consilio
publico decertare nolle : Consulibus ex senatus consulto rempub.
defendentibus, se arnia sumpturum. In Pison. 31.
Sect. IV. CICERO. 371
A. Urb. 695. Cic. 49. Goss. — 1>. Calpurnius Piso. A Gabinius.
" league, nor his son-in-law, Caesar, would relinquisk
" the party of the tribune*."
After this repulse, Cicero resolved to make his last
effort on Pompey, by throwing himself in person at
his feet. Plutarch tells us, that Pompey sHpt out of
a back door, and would not see him : but it is certain,
from Cicero's account, that he was admitted to an au-
dience ; *' and when he began to press, and even sup-
" plicate him, in a manner the most affecting, that
*' Pompey flatly refused to help him ; alleging, in ex-
*' cuse to himself, the necessity which he was under,
" of acting nothing against the will of Ccxsar f /' This
experiment convinced Cicero that he had a much
greater power to contend with, than what had yet ap-
peared in sight; he called therefore a council of his
friends, with intent to take his final resolution, agree-
ably to their advice. The question was, " Whether
" it was best to stay, and defend himself by force ;
" or to save the effusion of blood, by retreating, till
" the storm should blow over?" Lucullus advised
the first \ but Cato, and above ail, Hortensius, warm-
ly urged the last, which concurring also with Atticus's
advice, as well as the fears and entreaties of his own
* Quid, infeKx, responderis ? — Te non esse tarn fortem, quam
•ipse Torquatus in consulatu fuisset, aut ego •, nihil opu-s esse armis,
nihil contentione : me posse iterum rempub. servare, si cessissem j
jnfinitam caedem fore, si restitissem. Deinde ad extremum, neque
se, neque generuin, neque coUegam suum tribune pleb. defuturum.
Ibid.
f Is, qui nos sibi quondam ad pedes stratos ne sublevabat qul-
4ein, qui se nihil contra hujus voluntatem facere posse aiebat. Ad
Att. 10. 4.
Aa3
37^ The LIFE of Sect. IV.
A. Urb. 695. Cic. 49. Coss L* Calpurnius Piso. A. Gabinius.
family, made him resolve to quit the field to his ene-
mies, and submit to a voluntary exile ^',
A little before his retreat, he took a small statue of
Minerva, which had long been reverenced in his fa-
mily, as a kind of tutelar deity, and carrying it to the
Capitol, placed it in the temple of Jupiter, under the
title of Minerva, the guardian of the city f . His view
might possibly be to signify, that after he had done
all, which human prudence could contrive, for the de-
fence of the republic, he was now forced to give it up
to the protection of the gods : since nothing less than
the interposition of som.e deity could preserve it from
ruin ; or rather, as he himself seems to intimate, in
the uncertain issue of his flight, and the plunder of
his goods, which was likely to ensue, he had a mind
to preserve this sacred image, in the most conspicuous
part of the city, as a monument of his services, which
would naturally excite an affectionate remembrance
of him in the people, by letting them see that his
heart was still there, where he had deposited his gods.
After this act, he withdrew himself in the night, es-
corted by a numerous train of friends, who, after a
day's journey or two, left him, with great expressions
of tenden:ess, to pursue his way towards Sicily ; which
he proposed for the place of his residence,- and where,
for his eminent services to the island, he assured him-
self of a kind reception and safe retreat.
* Lacrym-je meorum me ad. mortem ire prcliibuerunt. Ibid. 4,
Piutar. in Cic.
f Xos, qui illam custodem iirbis omnibus ereptis nostris rebus
ac perditis, vlolari ab impiis passi non sumus, eamque ex ncstro du-
nio In Ip^iub i-atiia domum detulimus. Dc Leg.. 2. 27.
Sect. V. CICERO. 37J
SECTION V.
A. Urb. 695. Cic. 49. Coss. — L, Calpurnlus Piio. A. Gablnlus,
JL HE wretched alternative to which Cicero was re-
duced, of losing either his country or his life, is suffi-
cient to confute all the cavils of those, w^ho, f^^om a
hint or two in his writings obscurely thrown out, and
not well understood, are so forward to char^^e him
Vv^th the levity of temporizing, or selling himself for
any bribe, which could feed his vanity : for nothing
is more evident, than that he might not only have a-
voided this storm, but obtained whatever honours he
pleased, by entering into the measures of the Trium^
virate^ and lending his authority to the support of
their power ; and that the only thing which provoked
Caesar to bring this calamity upon him, was, to see all
his offers slighted, and his'^friendship utterly rejected
by him ^. This he expressly declares to the senate,
who were conscious of the truth of it ; " That Caesar
" had tried all means to induce him to take part in
" the acts of his consulship ; had offered him commis-
" sions and lieutenancies of what kind, and with what
" privileges he should desire ; to. make him even a
"•fourth in the alUance of the 'Three ^ and to hold him
" in the same rank of friendship with Pompey himself,
" — All which I refused, says he, not out of slight
* Hoc sibi contraxisse videbatur Cicero, quod inter xx. viros
dividendo agro Campano esse noluisset. Veil. Pater. 2. 45. Ad
Att. 9. 2.
Aa 3
374 The LIFE c? Sect. V,
A. Urb. 695. Cic. 49- Coss. — L. Calpurnius Fiso. A. Gabinius.
*' to Caesar, but constancy to my principles ; and be-
^' cause I thought the acceptance of them unbecom-
" ing the character which I sustained ; how wisely, I
" will not dispute ; but I am sure, that it was firmly
" and bravely ; when, instead of baffling the malice
" of my enemies, as I could easily have done by that
" help, I chose to suffer any violence, rather than to
" desert your interest, and descend from my rank *."
Caesar continued at Rome, till he saw Cicero driven
out of it ; but had no sooner laid down his consulship,
than he began to be attacked and affronted himself^
by two of the new praetors, L. Domitius and C. Mem-
mius ; who called in question the vahdity of his acts,
and made several efforts in the senate to get them an-
nulled by public authority. But the senate had no
stomach to meddle with an affair so delicate ; so that
the whole ended in some fruitless debates and alterca-
tions ; and Caesar, to prevent all attempts of that kind
in his absence, took care always, by force of bribes, to
secure the leading magistrates to his interests ; and so
* Consul egit eas res,, quarum me participem esse volu.it. — Me.
ille ut Quinqueviratum acciperem jogavit ; me in tribus sibi con-
junctissimis consularibus esse voluit •, mihi legationem, quam vel-
lera, quanto cum honore vellem, dctulit. Qua^ ego non ingrato a-
Tiimo, sed obstinatione quada.m sententice repudiavi, &;c. De Prov.
Cons. 17*
-f Functus consulatu, C. Memmio, L, Domltio praitonbus, de
supciiori^ anni actis referentibus, cognitionem senatui detulit : nee
illo suscipientc, triduoque per irritas altercationcs absumpto, in pro-
vinciam abiit ad securitatem igitur posteri temporis in magno
negotio habuit obligare semper annuos magistratus et e petitoribus
lion alios adjuvare, aut ad honorem pati pervenlre, quam qui sibi
iccepissent propugnaturos absentiam .suam.—- — Suetoti. J. Ca^s. 23.
S^CT, V. CICERO. 371
A. Urb. 695. Ck. 49. Goss. — L. Calpurnius Piso. A. Gabinius.
went off to his province of Gaul *. But as this un-
pxpected opposition gave some httle ruffle to the Tri-
umvirate, so it served them as an additional excuse
for their behaviour towards Cicero ; alleging that their
own dangers v/ere nearer to them than other people's ;
and that they were obliged, for their ov/n security,
not to irritate so popular a tribune as Clodius f .
As soon as it was known that Cicero was gone, Clo-
dius filled the Forum with his band of slaves and in-
cendiaries, and published a second law to the Roman
people, as he called them, though there was not one
honest citizen, or man of credit, amongst them J.
The law, as we may gather from the scattered pas-
sages of it, was conceived in the following terms.
" Whereas M. T. Cicero has put Roman citizens to
" death, unheard and uncondemned ; and, for this end,
" forged the authority and decree of the senate : may
" it please you to ordain, that he be interdicted from
*' fire and water : that nobody presume to harbour or
♦* receive him, on pain of death : and that wlioever
" shall move, speak, vote, or take any step towards
** recalling him, he should be treated as a public ene-
*' my ; unless those should first be recalled to life,
" whom Cicero unlawfully put to death J."
* Illi autem aliquo turn timore perterrlti, quod acta ilia, atque
omnes res anni superiorls labefactari a pr£etcribus, infirmari a sena-
tu, atque principibus civitatis putabant. Tribunum popularem a
se alienare nolebant, suaque sibi propiora pericula esse, quam mea
loquebantur. Pro Sext. 18.
f Non denique sufTragii latorem in ista tua proscriptlone queu-
<3,uaiTi, nisi furem ac sicarium reperire potuisti. Pro Dom. 18,
t Vid. Pro Bom. 18, 19, 20. Post. red. in Sen. 2. x.
A a 4
37^ The LIFE of Sect. V.
A. Urb. 695. Cic, 49. Coss — L. Calpurnlus Piso- A. Gabinius.
The law was drawn by Sext. Clodius, the kinsman
and prime minister of the tribune ; though Vatinius
also laid some claim to it^ and was the only, one of
Senatorian rank who openly approved it *. It was
essentially null and invalid, both for the matter and
the form : for in the first place, it was not properly a
law, but what they called a privilege ; or an act, to in-
llict penalties on a particular citizen by name, with-
out any previous trial ; which was expressly prohibit-
ed by the most sacred and fundamental constitutions
of the republic f . Secondly, the terms of it were so
absurd, that they annulled themselves ; for it enacted, ,
not that Cicero may or should be, but that he be in-
terdicted ; which was impossible ; since no power on
earth, says Cicero, can make a thing to be done J.
Thirdly, the penal clause being grounded on a sugges-
tion notoriously false, that Cicero had forged the de-
crees of the senate ; it could not possibly stand, for
* Hanc tibi legem S. Clodius scripsit — homini egentisslmo ac
facinorosissimo S. Clodio, socio tui sanguinis Hoc tu scriptore,
hoc consiliario, hoc ministro — Rempub. perdidisti. Pro Dom. 2. x.
18. lUe unus ordinis nostri discessu meo — palam exultavit. — Pro
S^xt. 64.
f Vetant leges sacratse, vetant XII. tabulae, leges privatis homi-
nibus irrograri. Id est enim privilegium. Pro Dom. 17.
% Non tulit ut interdlcatur sed ut interdictum sit — Sexte noster,
bona venia, quoniam jam dialecticus es — quod factum non est, ut
sit factum, ferri ad populum, aut verbis ullis sanciri, aut suffragiis
confirmari potest ? ib. 18. Quid si iis verbis scripta est ista pro-
scriptio, ut se ipsa dissolvat ? ib. 19.
N. B. The distinction here intimated between z'ntert/icafur, and;
interdictum sit, deserves the attention of all Grammarians. They
are commonly used indifferently, as terms wholly equivalent ; yet,
according to Cicero's criticism, the one, we see, makes the sens*.
absLird, where the other Is just and proper.
Sect. V. CICERO. 377
A. Urb. 695. Cic. 49. Coss. — L. Calpuniius Piso. A. Gabinius.
want of* a foundation II . Lastly, though it provided
that no body should harbour him, yet it had not or-
dered him to be expelled, or injoined him to quit the
city §. It was the custom, in all laws made by the
tribes, to insert the name of the tribe, which was first
called to vote ; and of the man, who first voted in it
for the law ; that he might be trajismitted down with
the law itself, as the principal espouser and promoter
of it *. This honour was given to one Sedulius, a
mean, obscure fellow, v^dthout any settled habitation,
who yet afterwards declared, that he was not in Rome
at the time, and knew nothing at all of the matter :
which gave Cicero occasion to observe, when he v/as
reproaching Ciodius with this act, that Sedulius might
easily be the first voter, who for want of a lodging,
used to lie all night in the forum ; but it was strange,
that when he was driven to the necessity of forging a
leader, he should not be able to find a more reputable
one f ,
II Est enim, quod M. Tulllus falsum senatus consultum retulerit,
si igitur retulit talsiim senatus consultum, turn est rogatio : si non
retulit, nulla est. Pro Dom. 19.
§ Tulisti de me ne reciperer, non ut exlrem — poena est, qui re-
ceperit : quam omnes neglexerunt j ejectio nulla est. lb. 20.
* Tribus Sergia principium fuit : pro Tribu, Sextus L. F.
Varro primus scivit. This was the form, as appears from fragments
of the old laws. Vid. Frontin. de Aquaed. — Fragment. Legis
Thorise. apud rei agrar. Scriptores. Liv. 9. 38.
f Sedulio prIncipe, qui se illo die confirmat Romse non fuisse.
Quod si non fuit, quid te audacius, qui in ejus nomen incideris ?
Quid desperatius, qui ne ementiendo quidem potueris auctorem ad-
umbrare rneliorem ? Sin autem is primus scivit, quod facile potuit^
propter inopiam tecti in foro pernoctans. Pro Dom. Quam Ss-
lb. :!i.
^yt The LIFE of Sect. V,
A. Urb. 695. Cic. 49. Coss.— L. Calpurniug Pis6, A. Gabinius.
With this law against Cicero, there was another
p'ubhshed at the same time, which, according to the
stipulation already mentioned, was to be the pay and
price for it ; to grant to the two consuls the provinces
above specified, with a provision of whatever troops
and money they thought fit J. Both the laws passed
w^ithout opposition ; and Clodius lost no time in put-
ting the first of them in execution ; but fell to work
immediately in plundering, burning and demolishing
Cicero's houses, both in the city and, the country. The
best part of his goods was divided between the two
consuls ; the marble columns of his Palatin house vvere
carried publicly to Piso's father-in-law ; and the rich
furniture of his Tuscuian villa to his neighbour Gabi-
nius ; who removed even the trees of his plantations
into his own grounds || : and, to make the loss of liis
house in Rome irretrievable, Clodius consecrated the
Area, on which it stood, to the perpetual service of
religion, and built a temple upon it to the goddess
Liberty §,
X Ut provlncias acxipereiit, quas ipsi vellent : exercitum et pe--
cuniam qnantam vellent. Pro Sex x. in Pison. 16. ^ Illo ipso die —
TYiihi Reique pub. pernicies, Gabinio et Pisoni provincia rogata est.
Pro Sext. 24.
11 Uno eodemque tempore domus uiea diripiebatur, ardebat : bona
ad vicinum consulem de Palatio ', de Tusculano ad item alterum vi-
■cinum consulem deferebantur. Post red. in Sen. 7.
Cum domus in Palatio, villa in Tusculano, altera ad alterum con-
sulem transferebatur, columns marmoreae ex a;dibus meis, inspec-
tatite populo Romano, ad socerum consulis portabantur : in fundum
autem vicini consulis non instrumentum, aut ornamenta villoe, sed
etiam arbores transferebantur. Pro Dom. 24.
§ Cum suis dicat se m.anibus domum clvis optimi evertisse, et
earn iisdem manibus consecrasse. — lb. 40.
Sect. V. CICERO.
379
A. Urb. 695. Cic. 49. Cos*— 1.. Calpurnius Pisg. A. Gabinius.
While Cicero's house was in flames, the two con-
suls, with all their seditious crew round them, were
publitly feasting and congratulating each other for
their victory, and for having revenged the death of
their old friends on the head of Cicero : where, in the
gaiety of their hearts, Gabinius openly bragged, that
he had always been the favourite of Catiline ; and Pi-
so, that he was cousin to Cethegus ^. Clodius in the
mean while, not content with exerting his vengeance
only on Cicero's houses, pursued his wife and children
with the same fury : and made several attempts to get
young Cicero, the son, into his hands, then about six
years old, with an intent to kill him f : but the child
was carefully guarded by the friends of the family, and
removed from the reach of his malice. Terentia had
taken sanctuary in the temple of Vesta, but was drag-
ged out of it forcibly, by his orders, to the public of-
fice or tribunal, where he was sitting, to be examined,
about the concealment of her husband's effects : but,
being a woman of singular spirit and resolution, she
bore all his insults with a masculine courage :[:.
* Domus ardebat in Palatio — Consules epulabantur, et in conju-
ratorum gratulatione versabantur j cum alter se CatilinEe delicias,
alter Cethegi consoblrinum fuisse diceret — Pro Dom. 24. in Pison*
XL Pro 8ext. 24.
f Vexabatur uxor mea : liberi ad necem qu^erebantur. Pro
Sext. 24.
Quid vos uxor mea misera violarat ? Quam vexavistis, rapta-
vistis — quid mea filja ? — Quid parvus filius ? — Quid fecerat, quod
eum toties per insidias interficere voluistis ? — Pro Dom. 23.
J A te quidem omnia fieri fortissime, atque amantissime video :
nee miror 5 — nam ad me P. Valerius — scripsit id quod ego maximo
cum fietu legi, queraadmodum a Vesta ad tabulam Valeriam duct a
esses. Ep. Fam. 14. 2^
38o The LIFE of Sect. V.
A. Uib. 695. Cic. 49. Coss. — L. Calpurnius Piso. A. Gabinius.
But while Clodius seemed to aim at nothing in this
affair, but the gratification of his revenge, he was car-
rying on a private interest at the same time, which he
had much at heart. The house, in which he himself
lived, was contiguous to a part of Cicero's ground ;
which, being now laid open, made that side of the Pa-
latine hill, the most airy and desireable situation in
Rome : his intention therefore was, by the purchase
of another house' which stood next to him, to make
the whole area his own, with the benefit of the fine
portico and temple annexed : so that lie had no soon-
er demolished Cicero's house, than he began to treat
with the owner of the next, Q^Seius Postumus, a Ro-
man knight, who absolutely refused to sell it, and de-
clared, that Clodius, of all men, should never have it,
while he lived ; Clodius -threatened to obstruct his
windows ; but finding that neitlier his threats nor of-
fers availed any thing, he contrived to get the knight
poisoned ; and so bought the house, after his death, at
the sale of his effects, by outbidding all who offered
for it. His next step was, to secure the remaining
part cf Cicero's area, which was not included in the
consecration, and was now also exposed by his direc-
tion to a public auction ; but as it was not easy to find
any citizen who would bid for it ; and he did not care
to buy it in his own name, he was forced to provide
an obscure needy fellovv% called Scato, to purchase it
for him, and by that means became master of the most
spacious habitation in all the city ■*'.
Ipse cum loci illius, cum eccHr.m cupiditate flagraret. Pro Dom. 41.
Monumentum
Sect. V. CICERO. 3^1
A. Urb. 695. Cic. 49. Coss.— L. Calpurnius Piso. A. Gabinlus.
This desolation of Cicero's fortunes at home, and the
misery which he suffered abroad, in being deprived of
every thing that was dear to him, soon made him re-
pent of the resolution of his flight ; which he ascribes
to the envy and treachery of his counsellors, who, tak-
ing the advantage of his fears, and the perplexity
which he was under, pushed him to an act both rui-
nous and inglorious. This he chiefly charges on Hor-
tensius : and thought he forbears to name him to At*
ticus, on account of the strict friendship between them,
yet he accuses him very freely to his brother Quintus,
of coming every day insidiously to his house, and, with
the greatest professions of zeal and affection, perpetual-
ly insinuating to his hopes and fears, that, by giving
way to the present rage, he could not fail of being re-
called with glory in three days time "*. Hortensius
Monumentum iste, nunquam aut reiigionem ullam excogitavit :
habitare laxe et magnifice volult : duasque et magnas et nobiles do-
mos conjungere. Eodem puncto temporis quo meus discessus isti
causam caedis eripuit, a Q^Seio contendit, ut domum sibi venderet.
Cum ille id negaret, primo se luminibus ejus esse obstructurum mi-
nabatur. Affirmabat Postumus, se vivo, domum suam istius nun-
quam futuram. Acutus adolescens ex istius sermone intellexit,
quid fieri cporteret. Hominem veneno apertissime sustulit. Emit
domum, licitatoribus defatigatis — -in Palatio pulchcrrim.o prospectu
porticum cum conclavibus pavimentatam trecentum pedum concu-
pierat ; amplissimum peristylum, facile ut omnium domes et laxi-
tate et dignitate superaret : et homo religiosus, cum cedes meas i-
dem emeret et venderet, tamen illis tantis tenebris, non ausu5 est
suum nomen emptioni ascribere. Posuit scilicit Scatoncm ilium.
Pro Dom. 44.
At in iis aidibus, quas tu Q^Seio equite Romano — per te aper-
tissime interfecto, tenes. De Harusp. respon. 14.
* Me summa simulatione amoris, summaque asslduitate quotidia-
na sceleratissime, insidiosissimeque tractavit, adjuncto etiam Arrio,
quorum
3B2 The life of Sect. V.
A. Urb. 695. Cic. 49. Coss.— L. Caipurnius Piso. A. Gabinius,
was particularly intimate at this time with Pompey ;
and might possibly be employed to urge Cicero to this
step, in order to save Pompey the disgrace of being
forced to act against him with a high hand. But let
that be as it will, it was Pompey's conduct which
shocked Cicero the most : not for its being contrary
to his oaths, which the ambitious can easily dispense
with, but to his interest, which they never neglect,
but through weakness. The consideration of what
was useful to Pompey, made him depend on his assis-
tance * : he could have guarded against his treache-
ry, but coidd not suspect him of the folly of giving
himself entirely up to Caesar, who was the principal
mover and director of the whole affair.
In this ruffled and querulous state of his mind, stung
with the recollection of his own mistakes, and the per-
fidy of his friends, he frequently laments, " that he
" had not tried the fate of arms, and resolved either
" to conquer bravely, or fall honourably :" which he
dwells so much upon in his letters, as to seem persuad-
ed that it would have been his wisest course. But
this is a problem not easy to be solved : it is certain,
that his enemies were using all arts, to urge him to the
quorum ego consiliis, proralssis, prseceptis destitutus, in hanc cala-
luitatem incidi. Ad Quint. Frat. i. 3.
ScEpe triduo summa cum gloriam dicebat esse rediturus. lb. 4,
* Sed si quisquam fuisset, qui me Pompeii minus liberali respon-
se, perterritum, a turpissimo consilio revocaret. Ad Att. 3. 15.
Multa, qua3 mentem exturbarent meam ; subita defectio Pom-
peii. Ad Quin. Frat i. 4.
Nullum est meum peccatum, nisi quod iis credidi, a quibus nefa3
putaram esse me decipi, aut etiam quibus ne id exp«dire quidem ar-
bitrabar. Ibid.
Sect. V. CICERO, 383
A. Urb. 695. Cic. 49. Coss. — L. Calpurnius Piso. A. Gabinius*
resolution of retreating ; as if they apprehended the
consequences of his stay ; and that the real aim of the
Triumvirate was, not to destroy, but to humble him :
yet it is no less certain, that all resistance must have
been vain, if they had found it necessary to exert their
strength against him ; and that they had already pro-
ceeded too far, to suffer him to remain in the city, in
defiance of them : and if their power had been actual-
ly employed to drive him av/ay, his return must have
been the more desperate, and they the more interest-
ed to keep him out ; so that it seems to have been his
most prudent part, and the most agreeable to his cha-
racter, to yield, as he did, to the necessity of the times.
But we have a full account of the motives of his re-
treat, in the speeches v/hich he made, after his return,
both to the senate and the people. — " When I saw
" the senate," says he, " deprived of its leaders ; my-
" self partly pushed, and partly betrayed by the ma-
" gistrates ; the slaves enrolled by name, under the
*' colour of fraternities ; the remains of Catiline's for-
" ces brought again into the field, under their old
" chiefs ; the knights terrified with proscriptions ; the
" corporate towns with military execution ; and all
" Vv'ith death and destruction :— I could still have de-
" fended myself by arms ; and was advised to it by
" many brave friends ; nor did I want that same cou-
" rage which you had all seen me exert on other oc-^
" casions ; but when I saw% at the same time, that,
*' if I conquered my present enemy, there were
** many more behind, whom I had still to conquer ;
*' that if I happened to be conquered, many honest
Vol. I. B b
-3B4 The life of Sect. V,
- -■
A. Urb. 695. Gic. 49. Coss. — L. Calpurnius Piso. A. Gabinius.
'" men would fall both with me and after me ; that
" there were people enough ready to rcvenge the tri-
" bune's blood, while the punishment of mine would
" be left to the forms of a trial and to posterity ; I re-
*' solved not to employ force in defending my private
" safety, after I had defended that of the public with-
** out it : and was wilhng, that honest men should ra-
" ther lament the ruin of my fortunes, than make
" their own desperate by adhering to me : and if, af-
" ter all, I had fallen alone, that would have been dis-
" honourable to myself: if amidst the slaughter of my
" citizens, fatal to the repubhc *."
In another speech ; " If in so good a cause," says
he, " supported with such zeal by the senate ; by the
" concurrence of all honest men ; by the ready help
" of all Italy ; I had given way to the rage of a despi-
" cable tribune, or feared the levity of two contempti-
" ble consuls, I must own myself to have been a cow-
" ard, without heart or head — but there were other
" things which moved me. That fury Clodius was
" perpetually proclaiming in his harangues, that what
" he did against me, was done by the authority of
*' Pompey, Crassus, and Caesar — that these three were
" his counsellors in the cabinet, his leaders in the field ;
" one of whom had an army already in Italy, and the
" other tw^o could raise one whenever they pleased
« What then ? Was it my part to regard the
" vain brags of an enemy, falsely thrown out against
" those eminent men ? No ; it was not his talking, but
* Post red. In Sen. 13, 14.
Sect. V. CICERO. 385
A. Urb. 695. Cic. 49. Coss. — I.. Calpurnius Piso. A. Gabinius.
" their silence, which shocked me ; and, though they
" had other reasons for holding their tongues, yet to
" one in my circumstances, their saying nothing was
'^ a declaration ; their silence a confession : they had
" cause indeed to be alarmed on their own account,
" lest their acts of the year before should be annulled
*' by the praetors and the senate many people also
*' were instilling jealousies of me into Pompey, and
" perpetually admonishing him to beware of me
** and as for Caesar, whom some imagined to be angry
" v/ith me, he was at the gates of the city with an ar-
" my ; the command of which he had given to Appi-
** us, my enemy's brother —When I saw all this, which
" was open and manifest to every body ; what could
" I do ? — When Clodius declared in a public speech,
** that I must either conquer twice, or perish — so that
" neither my victory, nor my fall would have restored
" the peace of the republic *."
Clodius, having satiated his revenge upon Cicero,
proposed another law, not less violent and unjust, a-
gainst Ptolemy, king of Cyprus ; to deprive him of his
kingdom, and reduce it to a Roman province, and
confiscate, his whole estate. This prince was brother
to the king of ^gypt, and reigning by the same right
of hereditary succession ; In full peace and amity with.
Rome ; accused of no practices, nor suspected of any
designs against the republic ; whose only crime was to
be rich and covetous ; so that the law was an unparal-
lelled act of injustice, and what Cicero, in a pubhc
Pr. Sextio. i6, — iS, 19.
Bba
386 The LIFE of Sect. V,
A. Urb. 695. Cic. 49. Coss — L. Calpurnius Piso. A Gabinius,
speech, did not scruple to call a mere robbery f . But
Clodius had an old grudge to the king, for refusing to
ransom him, when he was taken by the pirates ; and
sending him only the contemptible sum of two ta-
lents J : and what, says Cicero, must other kings think
of their security, to see their crowns and fortunes at
the disposal of a tribune, and six hundred mercena-
ries "^ ? The law passed however without any opposi-
tion ; and to sanctify it, as it w^re, and give it the bet-
ter face and colour of justice, Cato was charged with
the execution of it : which gave Clodius a double plea-
sure, by imposing so shameful a task upon the gravest
man in Rome. It was a part likewise of the same
law, as well as of Cato's commission, to restore certain
exiles of Byzantium, whom their city had driven out
for crimes against the public peace f . The engaging
Cato in such dirty work was a master-piece, and ser-
-|- Qui cum lege nefaria Ptolemtt-uni, regem Cypri, fratrem regis
Alexandrini, eodem jure regnantem, causa incognita, publicasses,
populuinque Romanum scelere obligasses : cum in ejus regnum, bo-
na, fortunas, latrocinium hujus imperii iramisisses, cujus cum patre,
•avo, majoribus, societas nobis & amicitia fuisset. — Pro Dom. 8.
Rex amicus, nulla injuria commemorata, nulla repelitis rebus,
cum bonis omnibus publicaretur. Pro Sext. 26. De quo nulla
unquam suspicio durior. lb, 27.
X Dio. 38. p. 78. Appian. 1. 2. 441.
* En ! cur ceeterr reges stabilem esse forlunam suam arbitrentur,
cum videant, per tribunum aliquem 8i fexcentas operas se for-
tunis spoliari, &. regno omni posse nudari r Pro Sext. 27.
-f- Hujus pecuniae deportand^e, &., si quis suum jus defenderet,
bello gerendo Catonem prcefecisti, Pro Dom 8.
At etiam eo negotio M. Catonis splendorem maculare voluerunt.
Pro Sext. 28.
Tu una lege tulistl, ut Cyprlus rex — -cum bonis omnibus sub prse-
cone subjiceretur, &. exules Byzantium reducerentur. Eidem, in«
quit, utra«iue de re negotium dedi. Pro Dom. 20.
Sect. V. CICERO. 387
A. Urb. 695. Cic. 49. Coss.— L. Calpurnius Piso A. Gabinius
ved many purposes of great use to Clodius : first, to
get rid of a troublesome adversary for the remainder
of his magistracy : secondly, to fix a blot on Cato hiix: .
self, and shew, that the most rigid pretenders to vn'^
tue might be caught by a proper bait : thirdly, to stop
his mouth for the future, as he openly bragged, from
clamouring agamst extraordinary commxissions : fourth--
ly, to oblige him, above all, to acknowledge the vaJi-
dity of his acts, by his submitting to bear a part :n
them f . The tribune had the satisfaction to see Cato
taken in his trap ; and received a congratulatory let-
ter upon it from Caesar, addressed to him in the fami-
liar stile, of Caesar to Clodius ; which he read publicly
to the people, as a proof of tlie singular intimacy be-
tween them *. King Ptolemy, in the mean while,
as soon as he heard of the law, and of Cato's approach
towards Cyprus, put an end to his life by poison, un-
able to bear the disgrace of losing at once both his
crown and his wealth. Cato executed his commission
with great fidelity ; and returned the year following,
in a kind of triumph to Rome, with all the king's ef-
X Sub honorificentisslmo ministerli titulo M. Catonem a rep. re-
legavit. (Vel. P. 2. 45.) Non illi ornandum M, Catonem, sed
relegandum putaverunt : qui In concione palam dixerint, linguam
se evellisse Catonl, quo? semper contra extraordlnarias potest ktes li-
bera fuisset.— -Quod si ille repudiasset, dubitatis (|uin ei vis asset al-
lata, cum omnia acta illius auni per ilium ununi labefactari vide-
rentur ? — Pro Sext. 28, 29.
Gratulari tibi, quod idem In pcsterum M. Catonem, tribunatu
tuo removlsses. Pro Dom 9.
* Literas in concione recltasti, quas tibi a C. CcL^are missas e.^-
se diceres j Caisar Pulchro. Cum etiam es argumentatus, amoris
ipsse hoc signum, cum nominibus tantum uteretur. Ibid.
Bb3
388 The LIFE of Sect. V.
A. Urb. 695. Cic. 49. Coss.— L. Calpurnius Piso. A. Gaabinius.
fects reduced into money, amounting to about a mil-
lion and a half sterling ; which he delivered with great
pomp into the public treasury f.
This proceeding was severely condemned by Cice-
ro ; though he touches it in his public speeches with
some tenderness for the sake of Cato ; whom he la-
bours to clear from any share of the iniquity : " The
" commission," says he, " was contrived, not to adorn,
" but to banish Cato ; not offered, but imposed upon
"him. — Why did he then obey it? Just as he haa
" sworn to obey other laws which he knew to be un-
" just, that he might not expose himself to the fury of
" his enemies, and, without doing any good, deprive
" the republic of such a citizen. — If he had not sub-
" mitted to the law, he could not have hindered it,
" the stain of it would still have stuck upon the re-
" public, and he himself suffered violence for rejecting
" it ; since it would have been a precedent for invali-
" dating all the other acts of that year : he considered,
" therefore, that since the scandal of it could not be
" avoided, he was the person the best qualified to draw
" good out cf evil, and to serve his country well,
" though in a bad cause J." But howsoever this may
colour, it cannot justify Cato's conduct ; who valued
himself highly upon his Cyprian transactions ; and for
the sake of that commission was drawn in, as Clodius
expected, to support the authority, from which it
flowed, and to maintain the legality of Clodius tribu-
f Plutarch — Cato. Flor. 3. 9.
X Pro Sext. 28, 29.
Sect. V. CICERO. 389
A. Urb. 695. Cic, 49. Coss. — L. Calpurnius Piso. A. Gabinius.
nate in some warm debates even with Cicero himself*.
Among the other laws made by Clodius, there was
one likewise to give relief to the private r^embers of
corporate towns, against the public injmies of their
communities. The purpose of it was specious, but
the real design, to screen a creature of his own, one
Merula. of Anagnia, w^ho had been punished or driven
from the city for some notorious villainies, and Vv^ho,
in return for this service, erected a statue to his pa-
tron, on part of the area of Cicero's house, and inscrib-
ed it to Clodius, the author of so excellent a law. But
as Cicero told him afterwards in one of his speeches,
the place itself where the statue stood, the scene of so
memorable an injury, confuted both the excellency
of the law and the inscription ||.
But it is time for us to look after Cicero in his flight ;
who left Rome about the end of March ; for, on the
eight of April w^e find him at Vibo ; a towm in the
most southern part of Italy ; where he spent several
days with a friend, named Sica ; here he received the
copy of the law made against him ; which after some
alteration and correction fixed the limits of his evil to
the distance of four hundred miles from Italy J. His
* Plut. In Cato. Dio, 1. 39. ico.
H Legem de injuriis publicis tulisti, Anagnino nescio cui Meru-
Ise per gratiam, qui tibi ob earn legem statuam in mels aedibus posu-
h ; ut locus ipse in tua tanta injuria legem et inscriptionem statuae
refelleret. Quae res Anagninis multo majori dolori fuit, quam quaj
idem ille gladiator scelera Anagnife fecerat. Pro Dom. 30.
X Allata est nobis rogatio de pernicie mea, in qua quod confec-
tum est audieramus esse ejusmodi, ut mihi ultra quadringenta mil-
lia
Bb4
390 The LIFE of Sect. V»
A. Urb. 695. Cic. 49. Coss. — L. Capumius Piso. A. Gabinius.
thoughts had hitherto been wholly bent on Sicily ; but
when he was arrived within sight of it, the Praetor C.
Virgilius sent him word, that he must not set his foot
in it. This was a cruel shock to him ; and the first
taste of the misery of disgrace ; that an old friend, who
had been highly obliged to him *, of the same party
and principles, should refuse him shelter in a calami-
ty, which he had drawn upon himself by his services
to the republic ; speaking of it afterwards, when it
was not his business to treat it severely, " see, says he,
" the horror of these times ; when all Sicily was com-
** ing out to meet me, the praetor, who had often felt
" the rage of the sam.e tribune, and in the same cause,
** would not suffer me to come into the island. What
" shall I say ? That Virgilius, such a citizen, and such
*' a man, had lost all benevolence, all remembrance of
*' our common sufferings, all his piety, humanity and
'* faith towards me ? No such thing : he was afraid
" how he should singly sustain the weight of that
*' storm, which had overpowered our joint forces f ".
This unexpected repulse from Sicily obliged him to
change his rout, and turn back again towards Brundi-
sium, in order to pass into Greece : he left Vibo there-
lia liccret esse — statim iter Brundisium versus contuli- -ne et SIca,
apud quern eram, periret. Ad Att. 3. 4.
* Plutarch, in Cicero.
f Sicilium pctivi animo, quae et ipsa erat mihi, sicut domus una,
conjuncta j et obtinebatur a Virgilio •, quocum me uno vel maxime
turn vetusta aniicitia, turn mei fratris collegia, turn respub. sociarat.
Vide nunc caligincm temponim illorum. Cum ipsa pa;ne insula
raihi.sese obviumfcrre velkt, prixtcr ille ejusdtm tribuni pleb. con-
ci^r.ihus propter eandem reipub. causrm svepe vexatus, nihil ampli-
Ui, dico, :usi uic in Siciliuiu Vw"i.;ic iiov>iit> 6cc.— Pro Cn. Plane. 40^
Sect. V. CICERO. 391
A. Urb. 695. Cic. 49. Coss. — L. Calpxiniius Piso. A. Gabinius.
fore, that he might not expose his host Sica to any
danger, for entertaining him ; expecting to find no
quiet, till he could remove himself bejond the bounds
prescribed by the law. But in this he found himself
mistaken ; for all the towns on his road received him
with the most public marks of respect : inviting him
to take up his quarters with them ; and guarding him,
as he passed through their territories, with all imagin-
able honour and safety to his person. He avoided
however as much as possible, all public places ; and
when he came to Brundisium, would not enter into
the city, though it expressed the warmest zeal for his
service, and offered to run all hazards in his de-
fence J.
In this interval, he was pressing Atticus in every
letter, and in the most moving terms, to come to him ;
and when he removed from Vibo, gave him daily in-
telligence of all his stages, that he might know still
where to find him ; taking it for granted, that he
would not fail to follow him *. But Atticus seems to
have given him no answer on this head, nor to have '
J Cum omnia Ilia Municipia, quae sunt a Vibone Brundisium,
in fide mea essent, iter mihi tutum, multis minitantibus, magno cum
6U0 metu praestiterunt. Brundisium veni, vel potius ad moenia ac-
cessl. Urbem unam mihi amicissimam declinavi, quae se vel poti-
us exscindi, quam e sue complexu ut eriperer facile pateretur. lb.
* Sed te oro, ut ad me Vibonem statim venias. — Si id non fece-
ris mirabor, sed confido te esse facturum. Ad Att. 3. i
Nunc, ut ad te antea scripsi, si ad nos veneris, consilium totius
rei capiemus. Ib» 2.
Iter Brundisium versus contull — nunc tu propera, ut nos conse-
quare, si modo reclplemur. Adhuc invitamur benlgne, lb. 3.
Nihil mihi optatius cadere posse, quara ut tu me quam primum
conscquare. lb. 4.
392
The life or Sect. V.
A- Urb. 69J. Cic. 49. Cos?.— C Julius Caesar. M. Calpumius Bibulus.
had any thoughts of stirring from Rome : he was per-
suaded perhaps, that his company abroad could be of
no other use to him, then to give some Httle rehef to
his present chagrin ; whereas his continuance in the
city might be of the greatest; not only in reheving,
but in removing his calamity, and procuring his resto-
ration : or we may imagine, what his character seems
to suggest, that though he had a greater love for Ci-
cero, than for any man, yet it was always with an ex-
ception, of not involving himself in the distress of his
friend, or disturbing the tranquiUity of his life, by tak-
ing any share of another's misery ; and that he was
following only the dictates of his temper and princi-
ples, in sparing himself a trouble, which would have
made him suffer more than his philosophy coidd easi-
ly bear. But whatever was the cause, it gave a fresh
mOTtification to Cicero ; who, in a letter upon it, says,
** I made no doubt, but that I should see you at Ta-
" rentum or Brundisium : it would have been conve-
*' nient for many reasons ; and above all, for my de-
** sign of spending some time with you in Epirus, and
*' regulating all my measures by your advice : but
*' since it has not happened, as I wished, I shall add
*• this also to the great number of many other afllic-
*' tions" *. He was now lodged in the villa of M.
Lenius Flaccus, not far from the walls of Brundisium :
* Non fuerat mlhi dubium, quin te TarentI aut Brundisii %asuriis
essem : idque ad multa pertinuit •, in els, et ut in Epiro consistere-
mus, et de reliquis rebus tuo concillo uteremur. Quoniam id non
contigit, erit hoc quoque in ma^no numero nostrorum malorum.
lb. 6.
Sect.V. CICERO. 393
A. Urb. 695. Cic. 49. Coss. — L. Calpuniius Piso. A. Gaianius.
where he arrived on the eventeeth of April, and on
the last of the same month embarked for Djrrhachi-
um. In his account of himself to his wife, *' I spent
'* thirteen days," says he, " with Flaccus, who for my
" sake slighted the risk of his fortunes and life ; nor
" was deterred hy the penalty of the law from per-
" forming towards me all the rights of friendship and «
" hospitahty : I wish that it may ever be in my pow-
*' er to make a proper return ; I am sure that I shall
** always think myself obliged to do it f .
During his stay with Flaccus, he was in no small
perplexity about the choice of a convenient place for
his residence abroad : Atticus offered him his house
in Epirus ; which was a castle of some strength, and
likely to afford him a secure retreat. But since Atti-
nus could not attend him thither in person, he dropt
all thoughts of that, and was inclined to go to Athens ;
till he was informed, that it would be dangerous for
him to travel into that part of Greece ; where all those,
who had been banished for Catiline's conspiracy, and
especially Autronius, then resided ; who would have
had some comfort, in their exile, to revenge themselves
f ^ In hortos M. Lenii Flacci me contull : cui cum omnis metus,
publicatio bonorum, exilium, mors proponeretur, hsec perpeti, si ac-
ciderent, maluit, quam custodiam mei capitis dimittere. — Pro Plan-
cio. 41.
Nos Brundisii apud M. Lenium Flaccum dies XIIl. fuimus, vi-
rum optimum : qui periculum fortunarum et capitis sui proe mea sa-
lute neglexit j neque legis improbissimae poena deductus est, quo
minus hospitii et amicitice jus, officiumque pra^staret. Huic utinaru
gratiam aliquando referre possiicus j habebimus quidem semper. —
Ep. Fam. i^. 4.
394
The life op Sect. V.
A. Urb. 695. Cic. 49. Coss. — L. Calpurnius Piso. A. Gabinius.
on the author of thek misery, if they could have caught
him*.
Plutarch tells us, " that, in sailing out of Brundisium,
" the wind, which was fair, changed of a sudden, and
<* drove him back again ; and when he passed over to
" Dyrrhachium, in the second attempt, that there hap-
" penedan earthquake, and a great storm, immediately
" after his landing ; from which the soothsayers fore-
" told, that his stay abroad would not be long." But
it is strange, that a writer, so fond of prodigies, which
nobody else takes notice of, should omit the story of
Cicero's dream, which was more to his purpose, and is
related by Cicero himself : " That in one of the stages
" of his flight, being lodged in the villa of a friend,
" after he had lain restless and wakeful a great part
" of the night, he fell into a sound sleep near break of
" day, and when he awaked about eight in the morn-
" ing, told his dream to those round him : That as he
" seemed to be wandering disconsolate in a lonely
" place, C. Marius, with his fasces wreathed with lau-
" rel, accosted him, and demanded why he was so me-
*' lancholy : and when he answered, that he was dri-
" ven out of his country by violence, Marius took
" him by the hand, and bidding him be of courage,
*' ordered the next lictor to conduct him into his mo-
* Quod me rogas et hoitaris, ut apud te in Epiro sim •, voluntas
tua mihi valde grata est. — Sed itineris causa ut diverterem, primum
est devium j deinde ab Autronio et cneteris quatridui ; delnde sine
te. Nam castellum munitum habitant! mihi prodesset, transeunti
non est necessarium. Quod si auderem, Athenas peterem : sana
ita, radebat ut vellem. Nunc et nostri hostes ibi sunt, et te noi>
bubemus. — Ad Att. 3. 7.
Sect. V. CICERO. 395
A. Urb. 695. Cic. 49. Coss. — L. Calpurnius Piso. A. Gabinius.
" nument ; telling him, that there he should find
" safety : upon this, the company presently cried out,
" that he would have a quick and glorious return *."
All which was exactly fulfilled ; for his restoration
was decreed in a certain temple built by Marius, and,
for that reason, called Marius's monument ; where the
senate happened to be assembled on that occasion f .
This dream was much talked of in the family, and
Cicero himself, in that season of his dejection, seemed
to be pleased with it : and, on the first news of the de-
crees passing in Marius's monument, declared, that
nothing could be more divine ; yet, in disputing after-
wards on the nature of dreams, he asserts them all to
be " vain and fantastical, and nothing else but the
" imperfect traces, and confused impressions, which
" our waking thoughts leave upon the mind ; that in
" his flight, therefore, as it was natural for him to
" think much upon his countryman Marius, who had
" suffered the same calamity ; so that was the cause
" of his dreaming of him ; and that no old woman
"• could be so silly as to give any credit to dreams, if,
" in the infinite number and variety of them, they did
** not sometimes happen to hit right *."
* De Divin. i. 28. Val. Max. i. 7.
f Valerius Maximus calls this monument of Marius, tbe temple
of 'Jupiter ; but it appears, from Cicero's account, to have been the
temple of honour and virtue,
* Maximeque reliquiae earum rerum moventur in animis, et agi-
tantur, de quibus vigilantes aut cogitavimus aut egimus. Ut mihi
temporibus illis multum in animo Marius versabatur, recordanti,
(juam ille gravem suum causam magno animo, quam constant! tu-
lisset.
J96 The LIFE of Sect. V.
A. Urb. 695. Cic, 49. Cos£.— L. Calpurnhis Piso. A. Gabinius
When he came to Dyrrhachium, he found confirm-
ed what he had heard before m Italy, that Achaia and
the neighbouring parts of Greece were possessed by
those rebels who had been driven from Rome on Ca-
tiline's account. This determined him to go into Ma-
cedonia, before they could be informed of his arrival,
where his friend Cn. Plancius was then quaestor, who
no sooner heard of his landing, than he came to find
3iim at Dyrrachium, where, out of regard to his pre-
sent circumstances, and the privacy which he affect-
ed, dismissing his officers, and laying aside all tlie
pomp of magistracy, he conducted him, with the ob-
servance of a private companion, to his head-quarters
at Thessalonica, about the twenty-first of May. L*
Appuleius was the praetor or chief governor of the
province ; but though he was an honest man, and Ci-
cero's friend, yet he durst not Venture to grant him
his protection, or shew him any public civility, but
contented himself with conniving only at what his
quaestor Plancius did *.
lisset. Hanc credo causam de illo somniandi fuisse. De Divin.
2. 67.
An tu censes ullam anum tarn deliram futuram fuisse, ut som-
niis crederet, nisi ista casu nonnunquam forte temere concurrerent ?
lb. 68.
* Quo cum venissem cognovi, id quod audieram, refertaifi esse
Graeciam sceleratissimorum hominum ac nefariorum. — Qui ante-
quam de meo adventu audire potuissent, in Macedonian! ad Plan-
ciumque perrexi — nam simulac me Dyrrhachium attigisse audivit,
statim ad me lictoribus dimissis, insignibus adjectis, veste mutata
profectus est. — Thessalonicam me in quastoriumque perduxit. Pro
Plancio. 41. Post red. in Sen. 14.
Hie ego nunc de prictore Macedoniaj nihil dicam amplius, nisi
eum et civem optimum semper et mihi amicum fuisse, sed eadem
timuisso quae cceteros. Pro Plan. ib«
Sect.V. CICERO. 397
A. Urb. 695. Ck. 49. Coss.— L, Calpurnius Piso. A. Gabinius-
Whik Cicero staid at Dyrrhachium, he received
two expresses from his brother Quintiis, who was now
coming home from Asia, to inform him of his intend-
ed rout, and to settle the place of their meeting :
Qnintus's design was to pass from Ephesus to Athens,
and thence by land through Macedonia^ and to have
an interview with his brother at Thessalonica ; but
the news which he met with at Athens obHged him
to hasten his journey towards Rome, where the fac-
tion were preparing to receive him with an impeach-
ment, for the maladministration of his province : nor
had Cicero at last resolution enough to see him, being
unable to bear the tenderness of such a meeting, and
much more the misery of parting ; and he was appre-
hensive, besides, that if they once met, they should
not be able to part at all, whilst Quintus's presence at
home was necessary to their common interest : so that,
to avoid one affliction, he was forced, he says, to en-
dure another most cruel one, that of shunning the em-
braces of a brother f .
L. Tubero, however, his kinsman, and one of his^
brother's lieutenants, paid him a visit on his return to-
wards Italy, and acquainted him with what he had
f Quintus frater cum ex Asia discessisset ante Kalend. Mai. et A-
tlienas venlsset Idib. valde fult ei properandum, ne quid absens ac-
ciperet calamltatis, si quis forte fuisset, qui contentus nostris mails
non esset. Itaque eum malul properare Romam, quam ad me ve-
nire : et slmul, dicam enim quod verum est, auimum inducere
non potui, ut aut ilium amantlssimum mei, moUissImo animo tanto
m mcErore aspicerem — atque etiam illud timebam, quod profecto
accldlsset, ne a me digredi non posset. — Hujus acerbitatis eventum
altera acerbltate non videndi fratrls vitavl. Ad Att. 3. 9. Ad
Quin, Fra. i. 3,
39S Th£ life Of Sect. V*
A. Urb. 695. Cic. 49. Coss.— L. Calpurnius Piso. A. Gabinius.
learnt in passing through Greece, that the banished
conspirators who had resided there were actually form-
ing a plot to seize and murder him ; for which reason
he advised him to go into Asia, where the zeal and
affection of the province would afford him the safest
retreat, both on his own and his brother's account J.
Cicero was disposed to follow his advice, and leave
Macedonia ; for the praetor Appuleius, though a friend,
gave him no encouragement to stay ; and the consul
Piso, his enemy, was coming to the command of it
next winter : but all his friends at Rome dissuaded
his removal to any place more distant from them ; and
Plancius treated him so affectionately, and contrived
to make all things so easy to him, that he dropt the
thoughts of changing his quarters. Plancius was in
hopes that Cjcero would be recalled with the expira-
tion of his quaestorship, and that he should have the
honour of returning with him to Rome, to reap the
fruit of his fidelity, not only from Cicero's gratitude,
but the favour of the senate and people *. The only
inconvenience that Cicero found in his present situa-
% Cum ad me L. Tubero, meus necessarlus, qui fratri meo le-
gatus fuissct, decedens ex Asia venisset, easque insidias, quas mihi
paratas ab exulibus conjuratis audierat, animo amicissimo detulis-
set. In Asiam me ire, propter ejus provincise mecum et cum fra-
tre meo necessitudinem. — Pro Plane. 41.
* Plancius, homo officioslssimus, me cupit esse secum et adhuc
rctinet — sperat posse fieri, ut mecum in Italiam deced'at. Ep.
Fam. 14. I.
Longius, quum ita vobis placet, non discedam. lb. 2.
Me adhuc Plancius liberalitate sua retinet. — spes homini est in-
jecta, non eadem quce mihi, posse nos una decedere : quam rem sibi
magno honori sperat fore. Ad Att. 3. 22.
Sect. V, CICERO. 399
A. Urb. 695. Cic. 49. Coss. — L. Calpurnius Piso. A. Gabinius.
tion, was the number of soldiers, and concourse of
people, who frequented the place, on account of busi-
ness with the qusstor. For he was so shocked and
dejected by his misfortune, that though the cities of
Greece were offering their services and compliments,
and striving to do him all imaginable honours f , yet
he refused to see all company, and was so shy of the
public, that he could hardly endure the hght t.
For it cannot be denied, that, in this calamity of his
exile, he did not behave himself with that firmness
which might reasonably be expected from one who
had borne so glorious a part in the republic, conscious
of his integrity, and suffering in the cause of his coun-
try ; for his letters are generally filled with such la->
mentable expressions of grief and despair, that his best
friends, and even his wife, were forced to admonish him
sometimes to rouse his courage *, and remember his
former character. Atticus was constantly putting him
in mind of it, and sent him word of a report that was
brought to Rome by one of Crassus's freed men, that
his affliction had disordered his senses ; to which he
answered, " That his mind was still sound, and wish-
" ed only that it had been always so, when he placed
" his confidence on those who perfidiously abused it
" to his ruin f ."
j- Plut. in Cicer.
X Odl enim celebiitatem, fuglo homines, lucem aspicere vix pos-
sum. Ad Att. 3. 7.
* Tu quod me hortaris, ut auimo sim magno, &c. Ep. Fam,
^4- 4-
-|- Nam quod scribis te audire, me etiam mentis errore ex dolore
attici :
Vol. I. G c .
400 The LIFE of Sect. V.
A. Urb. 695. Cic. 49. Coss. — L. Calpurnius Piso. A. Gabinius.
But these remonstrances did not please him : he
thought them unkind and unseasonable, as he inti-
mates in several of his letters, where he expresses him-
self very movingly on this subject. " As to your
" chiding me," says he, " so often and so severely,
" for being too much dejected, what misery is there,
" I pray you, so grievous, which I do not feel in my
" present calamity ? Bid any man ever fall from such
" a height of dignity, in so good a cause, with the ad-
" vantage of such talents, experience, interest ; such
*' support of all honest men ? Is it possible for me to
" forget what I was ? or not to feel what I am ? From
" what honour, what glory, I am driven ? From what
" children ? what fortunes ? what a brother ? whom^
" though I love, and have ever loved better than my-
" self, yet (that you may perceive what a new sort of
" affliction I suffer) I refused to see, that I might nei-
" ther augment my own grief, by the sight of his, nor
" offer myself to him thus ruined, whom he had left
" so flourishing : I omit many other things intolerable
" to me, for I am hindered by my tears : tell me,
*' then, whether am I still to be reproached for griev-
" ing, or for suffering myself rather to be deprived of
*' what I ought never to have parted with, but my
" hfe, which I might easily have prevented, if some
*' perfidious friends had not urged me to my ruin with-
affici : mihi vero mens Integra est, atque utinam tarn in perlculo
fuisset, cum ego iis, quibus salutem meam carlssimam esse arbitra-
bar, inimlcissimis, crudelissimisque usus sum. Ad Att. 3. 13.
Accepi quatuor epistolas a te missas j unam, qua me objurgas, ut
slm firmior j alteram, qua Crassi libertum ais tibi de mea solicitudiue
■macieque uarrasse. lb. 15.
Sect. V. CICERO. 401
A. Urb. 695. Cic. 49. Coss.— L. Calpurnius Piso. A. Gabinius.
" in my own walls, &c. J" In another letter: " Con-
" tinue," says he, " to assist me, as you do, with yom'
" endeavours, your advice, and your interest ; but
" spare yourself the pains of comforting, and much
" more of chiding me ; for, when you do this, I can-
" not help charging it to your want of love and con-
" cern for me, whom I imagine to be so afflicted with
" my misfortune, as to be inconsolable even your-
"self*."
He was now indeed attacked in his weakest part,
the only place in which he was vulnerable : to have
been as great in affliction as he was in prosperity,
would have been a perfection not given to man ; yet
this very weakness flowed from a source which ren-
dered him the more amiable in all the other parts of
his life, and the sam.e tenderness of dispostion which
made him love his friends, his children, his country,
more passionately than other men, made him feel the
loss of them more sensibly : " I have twice," says he,
" saved the repubhc ; once with glory ; a second time
" with misery : for I will never deny myself to be a
*' man, or brag of bearing the loss of a brother, chil-
*' dren, wife, country, without sorrow.— For what
*' thanks had been due to me for quitting what I did not
" value f ? In another speech : " I own my grief toliave
X Ad Att. 3. 10.
* Tu me,, ut facis, opera, consilio, gratia juva : consolarl jam
desine : objugare vero noli : quod cum facis, ego tuum amorem et
dolorem desidero •, quern ita affectum mea cerumna esse arbitror^ ut
te ipsum nemo consolari potest. lb. XI.
f Unus bis rempub. servavi, semel gloria, iterum aerumna mea.
C c 2 Neque
402
The life of Sect. V.
A. Urb. 695. Cic. 49. Coss.— L. CaJpurnius Piso. A Gabinius,
*' been extremely great ; nor do I pretend to that wis-
*• dom which those expected from me, who gave out
*' that I was too much broken by my affliction ; for
*' such a hardness of mind, as of body, which does not
" feel pain, is a stupidity, rather than a virtue. — I am
** not one of those to whom all things are indifferent,
" but love myself and my friends, as our common hu-
" manity requires ; and he who, for the public good,
" parts with what he holds the dearest, gives the high-
" est proof of love to his country J."
There was another consideration, which added no
small sting to his affliction ; to reflect, as he often
does, not only on what he had lost, but how he had
lost it, by his own fault ; in suffering himself to be
imposed upon and deluded by false and envious friends.
This he frequently touches upon, in a strain which
shews that it galled him very severely : " Though my
** grief," says he, " is incredible, yet I am not disturb-
" ed so much by the misery of w^liat I feel, as the re-
*• collection of my fault— Wherefore when you hear
*' how much I am afflicted, imagine that I am sufFer-
Neque enim in hoc me homlnem esse inficiabor unquam j ut me Op-
timo fratre, carissimis liberis, fidelissima conjuge, vestro conspectu,
patria, hoc honoris gradu sine dolore caruisse glorier. Quod si fe-
cissera, quod a me beneficium haberetis, cum pro vobis ea, quae
mihi essent vilia, reliquissem. Pro Sext. 22.
X Accepi magnum atque incredibilem dolorem : non nego : ne-
que istam mihi ascisco sapientiam, quam nonnulli in me require-
bant, qui me animo nimis fracto et afflicto esse loquebantur — eam-
que animi duritiam, sicut corporis, quod cum uritur non sentit,
stuporem potius, quam virtutem putarem — non tarn sapiens quam
ii, qui nihil curant, sed tarn amans tuorum ac tui, quam communis
humanitas postulat — qui autem ea relinquit reipub. viausa, a quibus
summo cum dolore divellitur, ei patria cara est. Pro Dcm. ^6, 37.
Sect.V. CICERO. 4-^3
A.Urb695. Cic. 49. Coss.-L. Calpumius Pisn A. Gabinius.
- ing the punishment of my folly, not of the event ;
" for having trusted too much to one whom I did not
*^ take to be a rascal ^\" It -must needs be cruelly
mortifying to one of his temper ; nicely tender of his
reputation, and passionately fond of glory ; to impute
his calamity to his own blunders, and fency himself
the dupe of men not so wise as himself: yet after all,
it may reasonably be questioned, whether his inquie-
tude of this sort, was not owing rather to the jealous
and querulous nature of affliction itself, than to any
real foundation of truth : for Atticus would never al-
low his suspicions to be just, not even against Horten-
sius, where they seem to lie the heaviest \. This is
the substance of what Cicero himself says, to excuse
the excess of his grief, and the only excuse indeed
which can be made for him. ; that he did not pretend
to be a Stoic, nor aspire to the character of a Hero :
yet we see some writers labouring to defend him even
against himself; and endeavouring to persuade us,
that all this air of dejection and despair was wholly
feigned and assumed, for the sake of moving compas-
sion, and engaging his friends to exert themselves the
more warmly, in soliciting his restoration ; lest his at-
* Et si incredibili calaraitate afflictus sum, taraen non tam est
ex miseria, quam ex culpoe nostrie recordatione— quare C7.im me af-
llictum et coniectum iuctu audies, existimato me stultitii^ mefe pcr-
nam ferre gravius, quam eventi ; quod ei crediderim, quern netarmm
esse non putaiim— Ad Att. 3. 8. vid. 9. 14, ]5\\9i ,^^.^*
-f- Nam quod purgas eos, quos ego mini scripsi invidisse, et in eis
Catonem : ego veio tantum ilium puto a scelere isto abfuise^, ut
niaxime doleam plus apud me simuiationem al^orum, quam istius
fidem valuisse. Cseteri quos purgas, debeut mihi purgy.ti esse, tibi
si sunt.— lb. 15.
C c 3
404 The LIFE of Sect. V.
A. Urb. 695. Cic. 49. Coss. — L. Calpurnius Piso. A. Gabinius.
fiiction should destroy him, before they could effect
it*
When he had been gone a little more than two months,
his friend Ninnius, the tribune, made a motion in the
senate to recal him, and repeal the law of Clodius :
to which the whole house readily agreed, with eight
of the tribunes, till one of the other two, ^hus Ligus,
interposed his negative : they proceeded however to
a resolution, that no other business should be transact-
ed till the consuls had actually prepared a new law
for that purpose f . About the same time, Quintus
Cicero, who left Asia on the first of May, arrived at
Rome ; and was received with great demonstrations
of respect, by persons of all ranks, who flocked out to
meet him J. Cicero suffered an additional anxiety on
his account, lest the Clodian cabal, by means of the
impeachment which they threatened, should be able
to expel him too : especially, since Clodius's brother,
Appius, was the prastor, whose lot it was to sit on those
trials §. But Clodius was now losing ground apace ;
* Absens potius se dolere simulavit, ut suos, quod diximus, ma-
gis commoveret : et praesens item se doluisse simulavit, ut vir pru-
dentissimus, scenoe quod dunt serviret — Corradi Questura. p. 291.
f Decrevit seuatus frequens de de meo reditu Kal. Jun. dissen-
ticnte nuUo, referente L. Ninnio — intercessit Ligus iste nescio qui,
iidditamentum inlmicovum meoium. — Omnia senatus rejiciebat, nisi
de me primum consules retulisscnt. Pro Sext. 31.
Non multo post discessum meum me universi revocavistis refer-
ente L. Ninnio. Post red. in Sen. 2.
X Huic ad urbem venienti tota obviam civitas cum lacrymis,
gcmituque processerat. Pro Sext. 31.
§ Mihi etiam unum de malis in metu est, fratris miseri nego-
tium. At Att. 3. 8.
De Quinto Fratre nuncii nobis tristes — sane sum in meo infmito.
xnoeroie solicilus. et eo magis, quod Appii qunestio est. lb. 17^
Sect. V. CICERO. 4^5
A. Urb. 695. Cic. 49. Coss.....L. Calpurnius Piso. A Gabinius.
being grown so insolent, on his late success, that even
his friends could not bear him any longer : for having
banished Cicero, and sent Cato out of his way, he be-
gan to fancy himself a match for Pompey ; by whose
help, or connivance at least, he had acquired all his
power ; and, in open defiance of him, seized by stra-
tagem into his hands the son of king Tigranes, v/hom
Pompey had brought with him from the east, and kept
a prisoner at Rome in the custody of Flavins the prae-
tor ; and, instead of delivering him up, when Pompey
demanded him, undertook, for a large sum of money,
to give him his- liberty and send him home. This
however did not pass without a sharp engagement be-
tween him and Flavius, " who marched out of Rome,
" with a body of men well armed, to recover Tigranes
" by force : but Clodius proved too strong for him ;
" and killed a great part of his company, and among
" them Papirius, a Roman knight of Pompey's inti-
*' mate acquaintance, while Flavius also himself had
^' some difficulty to escape with life "^.^
This affront roused Pompey to think of recalling Ci-
cero ; as well to correct the arrogance of Clodius, as
Me expulso, Catone amendato, in eum ipsum se convertit, quo
auctore, quo adjutore, in concionibus ea, quis gcrcbat, omnia, quse-
que gesserat, se fecisse et facere dicebat. Cn. Pompelum— diutius
furori suo veniam daturura non arbitrabatur. Qui ex ejus custo-
dia per insidias regis amici filium, hostem captivum surripuisset j et
€a injuria virurn fortissimum lacessisset. Speravit iisdem se copiis
cum lilo posse confligere, quibuscum ego noluisseiu bonorurn peri-
culo dimicare. Pro Dom. 25.
Ad quartum ab urbe lapidem pugna facta est : in qua multi ex
utraque parte ceciderunt -, plures tamen ex Flavii, inter quos M,
Papirius, Eques Romanus, publicanus, familiaris Pompeio. Fla-
vius sine comltc Romain vix perfugit. Ascon. in Milon, 14.
4o6 The LIFE of Sect. V.
A. Urb. 695. Cic. 49. Coss L. Calpurnius Piso. A. Gnbinius.
to retrieve his credit, and ingratiate himself with the
senate and the people : he dropt some hints of his in-
clination to Cicero's friends, and particularly to Atticus,
who presently gave him part of the agreeable news :
upon which Cicero, though he had no opinion of Pom-
pey's sincerity, was encouraged to write to him ; and
sent a copy of his letter to Atticus, telhng him, at the
same time, " that if Pompey could digest the affront,
'* which he had received in the case of Tigranes, he
" should despair of his being moved by any thing f .'*
Varro likewise, who had a particular intimacy with
Pompey, desired Atticus to let Cicero know, that Pom-
pey would certainly enter into his cause, as soon as he
heard from Cassar, which he expected to do every day.
This intelligence from so good an author, raised Cice-
ro's hopes, till, finding no effects of it for a considera-
ble time, he began to apprehend that there was either
nothing at all in it, or that Caesar's answer was averse,
and had put an end to it *. The fact however shev/s,
what an extraordinary deference Pompey paid to Cas-
-f- Sermonem tuum et Pomptii cognovi ex tuis Uteris. Motum
in repub. iion tantura impendere video, quantum tu aut vides, aut ad
me consolandum afters. — Tigrane enim neglecto sublata sunt om-
nia— literarum exemplum, quas ad Pompeium scripsi, misi tibi.
Ad Att. 5. 8.
Pompeium etiam simulatorem puto. Ad Quint. Fra. i. 3.
Ex literis tuis plenus sum expectatione de Pompeio, quid nam
dc nobis velit, aut ostendat. — Si tibi stultus esse videor, qui sperem,
facio tuo jussu. Ad Att. 3. 14.
* Expectationem nobis non paryam attuleras, cum scripseras
Varronem tibi pro amicitia confivmasse, causam nostram Pompeium
ceite suscepturum •, et slmul a Ca^sare litera?, quas expectaret, re-
^missae essent, auctorem etiam daturum. Utrum id nihil fuit, an ad-
Versatai sunt Ciesaris litcrae ? lb. 18.
Sect. V. CICERO. 407
A. Urb. 695. Cic. 49. Coss. — -L. Calpurnius Piso. A. Gabinius.
sar, that he would not take a step in this affair at
Rome, without sending first to Gaul, to consult him
about it.
The city was alarmed at the same time, by the ru-
mour of a second plot against Pompey's life, said to be
contrived by Clodius ; one of whose slaves was seized
at the door of the senate, with a dagger which his
master had given him, as he confessed, to stab Pom-
pey : which, being accompanied with many daring
attacks on Pompey's person by Clodius's mob, made
him resolve to retire from the senate and the forum,
till Clodius was out of his tribunate ; and shut himself
up in his own house, w^hither he was still pursued and
actually besieged by one of Clodius's freedom, Damio.
An outrage so audacious could not be overlooked by
the magistrates, who came out with all their forces, to
seize or drive away Damio ; upon which a general en-
gagement ensued, " where Gabinius," as Cicero says,
" was forced to break his league with Clodius, and
*' fight for Pompey ; at first, faintly and unwillingly,
" but at last heartily ; while Piso, more religious, stood
" firm to his contract, and fought on Clodius's side,
" till his fasces were broken, and he himself wounded,
*' and forced to run away *."
* Cum haec non possent diutius jam sustinere, inltur consilium de
interitu Cn. Pompeii : quo patefacto, ferroque depreiienso, ille in •
clusus domi tamdiu fuit, quaradiu inimicus meus in tribunatu. Pro
Sext. 32.
Deprehensus denique cum ferro ad senatum is, quern ad Cn.
Pompeium interimendum collocatum fuisse constabat. In Pison. 12.
Cum tamen — Gabinius collegit ipse se vix : et contra suum Clo-
dium, primum simulate j deinde non libenter •, ad extremum tamen
pro
4o8 The LIFE of Sect. V
A. Urb. 695. Cic. 49. Coss — L. Calpurnius Piso. A. Gabinius.
Whether any design was really formed against Pom-
pey's life, or the story was contrived to serve his pre-
sent views, it seems probable at least, that his fears
were feigned, and the danger too contemptible, to
give him any just apprehension ; but the shutting him-
self up at home made an impression upon the vulgar,
and furnished a better pretence for turning so quick
upon Clodius, and quelling that insolence which he
himself had raised : for this was the constant tenor of
his politics, to give a free course to the public disor-
ders, for the sake of displaying his own importance to
more advantage ; that when the storm was at the
height, he might appear at last in the scene, like a
deity of the theatre, and redute all again to order ;
expecting still that the people, tired and harrassed by
these perpetual tumults, would be forced to create
him dictator, for settling the quiet of the city.
The consuls-elect were, P. Cornelius Lentulus, and
(^ Metellus Nepos : the first was Cicero's warm friend,
the second his old enemy ; the same who put that
affront upon him on laying down his consulship ; his
promotion, therefore, was a great discouragement to
Cicero, who took it for granted, that he would employ
all his power to obstruct his return ; and reflected, as
he tells us, " that though it was a great thing to drive
" him out, yet as there were many who hated, and
*' more who envied him, it would nut be difFicult to
pro Cn Pompeio vere, vehementerque pugnavit. Tu tain en homo
reljgiosus et H?.nctus, foedus frangere noluisti — itaque in iMo tumul-
tu tracti fasce*-, ictus i.p'ie, quotidie tela, lapides, fugte. Ibid.
Sect. IV. CICERO.
409
A. Urb. 695. Cic. 49. Coss.— L. Calpurnius Piso. A. Gabinius.
^' keep him out *." But Metellus, perceiving which
way Pompey's inchnation, and Caesar's also, was turn-
ing, found reason to chiange his mind, or at least to
dissemble it ; and promised, not only to give his con-
sent, but his assistance, to Cicero's restoration. His
colleague, Lentulus, in the mean while, was no soon-
er elected, than he revived the late motion of Ninnius,
and proposed a vote to recal Cicero ; and w^hen Clo-
dius interrupted him, and recited that part of his law,
which made it criminal to move any thing about it ;
Lentulus declared it to be no law, but a mere pro-
scription, and act of violence f . This alarmed Clo-
dius, and obliged him to exert all his arts, to support
the validity of his law ; he threatened ruin and de-
struction to all who should dare to oppose it ; and, to
imprint the greater terror, fixed on the doors of the
senate-house, that clause which prohibited all men to
speak or act in any manner for Cicero's return, on pain
of being treated as enemies. This gave a farther dis-
quiet to Cicero, lest it should dishearten his active
friends, and furnish an excuse to the indolent, for do-
ing nothing : He insinuates, therefore, to Atticus, what
might be said to obviate it ; " that all such clauses
" were only bugbears, without any real force ; or o-
** therwise, no law could ever be abrogated ; and what-
* Inimici sunt multi, invldi psene omnes. Ejicere nos magnum
fuit, excludere facile est. Ep. fam. 14. 3.
f Cum a tribuno pleb. vetaretur, cum praeclarum caput recita-.
retur, ne quid ad vos referret — tot am ill am, ut ante dixi, proscrip-
tionem, non legem putavit. Post red. in Sen. 4.
4IC
The life of Sect. V,
A. Urb. 695. Cic 49. Coss. — L. Caipurnius Piso. A. Gabinius.
" ever effect this was intended to have, that it must
" needs fall of course with the law itself "*."
In this anxious state of his mind, jealous of every
thing that could hurt, and catching at every thing that
could help him, another little incident happened,
"vvhich gave him a fresh cause of uneasiness : for some
of his enemies had published an invective oration,
drawn up by him for the entertainment only of his
intimate friends against some eminent senator, not
named, but generally supposed to be Curio, the fa-
ther, who was now disposed and engaged to serve him :
he was surprized and concerned, that the oration was
public ; and his instructions upon it to Atticus are
somewhat curious ; and shew how much he was struck
with the apprehension, of losing so powerful a friend.
" You have stunned me," says he, " with the news of
" the oration's being published : heal the wound, as
*' you promise, if you possibly can : I wrote it long a-
" go in anger, after he had first written against me ;
*• but had suppressed it so carefully, that I never
*' dreamt of its getting abroad, nor can imagine how
" it sHpt out : but since, as fortune would have it, I
" never had a word with him in person, and it is writ-
" ten more negligently than my other orations usual-
" ly are, I cannot but think that you may disown it,
*' and prove it not to be mme : pray take care of this^
* Tute scripsisti, quoddam caput legis Clodlum in curiae poste
fixisse, ne referri, neve dici liceret, — Ad Att. 3. 15.
Sed vides nunquam esse observatas sanctiones earum legum, quae
abrogarentur. Nam si id esset, nulla fere abrogari posset : — sed
cum lex abrogatur, illud ipsum abrogatur, quo non earn abrogari
oporteat. lb. 23.
Sect. V. CICERO. 4ir
A. Urb. 69J. Cic. 49. Coss. — L. Calpurnius Piso. A. Gabinius.
" if you see any hopes for me ; if not, there is the less
" reason to trouble myself about it *.'/
His principal agents and solicitors at Rome were
his brother Quintus, his wife Terentia, his son-in-law
Piso, Atticus, and Sextius. But the brother and the
wife, being both of them naturally peevish, seem to
have given him some additional disquiet, by their mu-
tual complaints against each other; which obliged him
to admonish them gently in his letters, that since their
friends were so few, they ought to live more amicably
among themselves f .
Terentia, however, bore a very considerable part of
the whole affair ; and, instead of being daunted by the
depression of the family, and the ruin of their fortunes,
seems to have been animated rather the more to with-
stand the violences of their enemies, and procure her
husband's restoration. But one of Cicero's letters to
her, in these unhappy circumstances, will give the clear-
est view of her character, and the spirit with which
she acted.
. ** Cicero to Terentia.
" Do not imagine that I write longer letters to any
* Percussisti autem me" de oratione prolata : cui vulneri, ut scri-
bis, mecjere, si quid potes. Scripsi equidem olim ei iratus, quod ille
prior scripserat : sed ita compresseram, ut nunquam manaturam pu>
tarem. Quo modo exciderit nescio. Sed quia nunquam accidit,
ut cum eo verbo uno concertarem j &. quia scripta mihi videtur ne-
gligentius, quam cseterse, puto posse probari non esse meam. Id,
si putas me posse sanari, cures velim : sin plane perii, minus laboro.
Ad Att. 3. XXL
f De Quinto fratre nihil ego te accusavi, sed^vos, '5um prassertim
tam pauci estis, volui esse qunm conjunctissiraos. Ep. Fam. 14. i^
412 The LIFE of Sect. V,
A. Urb. 695. Cic. 49. Coss.— L. Calpurnius Piso. A Gabinius.
" one than to you, unless it be when I receive a long
" one from somebody else, which I find myself obliged
" to answer. For I have nothing either to write, nor
" in my present situation employ myself on any thing
*' that is more troublesome to me ; and when it is to
" you and our dear TuUiola, I cannot write without a
" flood of tears. For I see you the most wretched of
" women, whom I wished always to see the happiest,
" and ought to have made so ; as I should have done,
** if I had not been so great a coward. I am extreme-
*' ly sensible of Piso's services to us ; have exhorted
" him, as well as I could, and thanked him as I ought.
'* Your hopes, I perceive, are in the new tribunes :
" that will be effectual, if Pompey concur with them :
*' but I am afraid still of Crassus. You do every thing
*' for me, I see, with the utmost courage and affection :
" nor do I wonder at it ; but lament our unhappy fate",
*' that my miseries can only be relieved by your siif-
*' fering still greater : for our good friend, P. Valerius
" wrote me word, what I could not read without
" bursting into tears, how you were dragged from the
" temple of Vesta to the Valerian bank. Alas, my
" light, my darling, to whom all the world used to sue
" for help ! that you, my dear Terentia, should be thus
" insulted ; thus oppressed with grief and distress ! and
" that I should be the cause of it ; I, who have pre-
" served so many others, that we ourselves should be
*' undone ! As to what you write about the house, that
" is, about the area, I shall then take myself to be
" restored, when that shall be restored to us. But
*' those things are not in our power. What affects me
Sect. V. CICERO.
A. Urb. 695. Cic. 49- Coss.— L. Calpurnius Piso. A. Gabinius.
" more nearly is, that when so great an.expence is ne-
" cessarj, it should all lie upon you, who are so mi-
'* serably stript and plundered already. If we live
" to see an end of these troubles, we shall repair
" all the rest. But if the same fortune must ever
" depress us, will you throw away the poor remains
" that are left for your subsistence ? For God's sake,
" my dear life, let others supply the money, who are
" able, if they are willing : and if you love me, do
" nothing that can hurt your health, which is already
" so impaired. For you are perpetually in my thoughts
" both day and night. I see that you decline no sort
" of trouble ; but am afraid how you will sustain it :
'* yet the whole affair depends on you. Pay the first
" regard therefore to your health, that we may attain
" the end of all your wishes, and your labours. I
" know not whom to write' to, except to those who
*' WTite to me, or of whom you send me some good
" account. I will not remove to a greater distance,
" since you are against it ; but would have you write
" to me as often as possible, especially if you have a-
'■ ny hopes that are well grounded. Adieu, my dear
" love, adieu. The 5th of October from Thessalonica."
Terentia had a particular estate of her own, not ol:)-
noxious to Clodius's law, which she was now^ ofTering
to sale, for a supply of their present necessities : this
is what Cicero refers to, where he entreats her not to
throw away the small remains of her fortunes ; which
he presses still more warmly in another letter, putting
her in mind, " that if their friends did not fail in their
*' duty, she should not want money ; and if they did,
414
The life of Sect. V,
A. Urb. 695. Cic. 49, Coss. — L. Calpurnius Piso. A- Gabinius.
" that her own would do but little towards making
*' them easy : he implores her therefore not to ruin the
" boy ; who, if there was any thing left to keep him
" from want, would, with a moderate share of virtue
*' and good fortune, easily recover the rest *." The
son-in-law, Piso, was extremely affectionate and duti-
ful in performing all good offices, both to his banished
father and the family ; and resigned the quaestorship
of Pontus and Bithynia, on purpose to serve them the
more effectually by his presence in Rome : Cicero
makes frequent acknowledgement of his kindness and
generosity ; " Piso's humanity, virtue and love for us
*' all is so great, " says he," that nothing can exceed it;
*' the gods grant that it may one day be a pleasure,
" I am sure it will always be an honour to him f ,"
Atticus likewise supplied them liberally with mo-
ney : he had already furnished Cicero, for the exigen-
cies of his flight, with above 2000 pounds ; and, upon
succeding to the great estate of his uncle Caecihus,
whose name he now assumed, made him a fresh offer
of his purse X yet his conduct did not wholly satis-
* Tantum scribo, si erunt in officio amici, pecunia non deerit-,
si non erunt, tu efficere tua pecunia non poteris. Per fortunas mi-
seras nostras, vide ne puerum perditum perdamus : cui si aliquid e-
rit, ne egeat, mediocri virtute opus est, et mediocri fortuna, ut cse-
tera consequatur. Ibid.
f Qui Pontum et Bithyniam qucestor pro mea salute neglexit.
Post red. in Sen. 15.
Pisonis humanitas, virtus, amor in nos omnes tantus est, ut nihil
supra esse possit. Utinam ea res ei voluptati sit, gloriai quidem
video fore. Ep. fam. 14. i.
* Ciceroni, ex patria fugienti H. S. ducenta et quinquaginta
millia donaviL. Corn. Nep. Vit. Att. 4.
Quod to in tanta hereditate ab cmini occupatione expedisti, val-
Sect. V. CICERO. ^15
A. Urb. 695. Cic. 49. Coss. — L. Calpurnius Piso. A. Gabinius.
fy Cicero ; who thought him too cold and remiss in
his service ; and fancied that it flowed from some se-
cret resentment, for having never received from him,
in his flourishing condition, any beneficial proofs of
his friendship : in order therefore to rouse his zeal, he
took occasion to promise him, in one of his letters,
that whatever reason he had to complain on that score,
it would all be made up to him, if he lived to return :
*• If fortune, says he, ever restore me to my country ;
" it shall be my special care, that you, above all my
" friends, have cause to rejoice at it : and though hi-
" therto, I confess, you have reaped but httle benefit
" from my kindness ; I will manage so for the future,
" that whenever I am restored, you shall find your-
" self as dear to me as my brother and my children :
" If I have been wanting therefore in my duty to you,
" or rather, since I have been wanting, pray pardon
" me ; for I have been much more wanting to my-
de mihi gratum est. Quod facultates tuas ad meam salutem polli-
ceris, ut omnibus rebus a te praeter cseteros juvet, Id quantum sit
preesidium video — Ad Att. 3. 20.
This Caecilius, Atticus's uncle, was a famous churl and usurer,
sometimes mentioned in Cicero's letters, who adopted Attlcus by
his will, and left him three fourths of his estate, which amounted
to above 80,000 1. Sterling. He had raised this great fortune by
the favour chiefly of LucuUus, whom he Mattered to the last with a
promise of making him his heir, yet left the bulk of his estate to
Atticus, who had been very observant of his humour : for which
fraud, added to his notorious avarice and extortion, the rtiob seized
his dead body, and dragged it infamously about the streets. — Val.
Max. 7. 8. Cicero, congratulating Atticus upon his adoption, ad-
dresses his letter to Q;_^ Caecilius, Q:^F. Pomponianus Atticus. For,
in assuming the name of the adopter, it was usual to add also their
Vol. I. D d
4i6 The LIFE of Sect. V,
A. Urb. 695. Cic. 49, Coss. — L, Calpurnius Piso. A» Gabinius,
" self*." But Atticus begged of him to lay aside all
such fancies, and assured him, that there was not the
least ground for them ; and that he had never been
disgusted by any thing which he had either done, or
neglected to do for him ; entreating him to be per-
fectly easy on that head, and to depend always oh his
best services, without giving himself the trouble, e-
ven of reminding him *. Yet after all, the suspicion
itself, as it comes from one who knew Atticus so per-
fectly, seems to leave some little blot upon his charac-
ter : but whatever cause there might be for it, it is
certain, that Cicero at least was as good as his word,
and by the care which he took after his return, to ce-
lebrate Atticus's name in all his writings, has left
the most illustrious testimony to posterity of his sin-
cere esteem and affection for him.
Sextius was one of the tribunes elect ; and, being
entirely devoted to Cicero, took the trouble of a jour-
ney into Gaul, to solicit Caesar's consent to his restora-
own family name, though changed in its termination from Pompo-
nius to Pomponianus, to preserve the memory of their real extrac-
tion : to which some added also the surname, as Cicero does in the
present case. Ad Att. 3. 20.
* Ego, si me aliquando vestri et patriae compotem fortuna fece-
rit, certe efficiam, ut maxime laitere unus ex omnibus amicis : mea-
que officia ac studia, quce parum antea luxerunt (fatendum est enim)
sic exequar, ut me a;que tibi ac fratri et liberis nostris restitutum
putes. Si quid in te peccavi, ac potius quoniam peccavi, ignosce : in
me enim ipsum peccavi vehementius. Ad. Att. 3. 15.
X Quod me vetas quicquam suspicari accidisse ad animum tuum,
quod secus a me erga te commissum, aut prtetermissum videretur,
geram tibi morcm et liberabor ista cura. Tibi tamen eo plus de-
bebo, quo tua in me humanitas fuerit excelsior, quam in te mea,
lb. 20.
Sect, V. CICERO. 417
A. Urb. 695. Cic. 49. Coss. — L. Calpurnius Piso. A. Gabinius.
tion ; which though he obtained, as well by his own
intercession, as by Pompey's letters, yet it seems to
have been with certain limitations, not agreeable to
Cicero : for, on Sextius's return to Rome, when he
drew up the copy of a law, which he intended to pro-
pose, upon his entrance into office ; conformable, as
we imagine, to the conditions stipulated with Caesar ;
" Cicero greatly disliked it ; as being too general, and
" without the mention even of his name, nor providing
" sufficiently either for his dignity, or the restitution
" of his estate ; so that he desires Atticus to take care
" to get it amended by Sextius *."
The old tribunes, in the mean while, eight of whonl
were Cicero's friends, resolved to make one effi)rt more
to obtain a law in his favour, which they jointly of-
fered to the people on the twenty-eigth of October :
but Cicero was much more displeased with this, than
with Sextius's : it consisted of three articles ; the first
of which restored him only to his former rank, but
hot to his estate : the second was only matter of form,
to indemnify the proposers of it : the third enacted,
" that if there was any thing in it, which was prohibi-
'" ted to be promulgated by any former law, particu-
" larly by that of Clodius, or which involved the au-
'' thor of such promulgation in any fine or penalty,
* Hoc interim tempore, P. Sextius deslgnatus, iter ad C. Cse-
sarem pro mea salute suscepit. Quid egerit, quantum profecerit,
nihil ad causam. Pro Sext. 32.
Rogatio Sextii neque dignitatis satis habet nee cautionis. Nam.
et nominatim ferre oportet, et dc bonis diligentius scribi : ct id ani-
madvertas velim. Ad Att. 3. 20.
Dd 2
4iS The LIFE of Sect. V,
A. Urb. 695. Cie. 49. Coss.— L. Calpurnius PIso. A. Gabinius.
*' that in such case it should have no effect. Cicero
" was surprized, that his friends could be induced to
" propose such an act, which seemed to be against
" him, and to confirm that clause of the Clodian law,
" which made it penal to move any thing for him :"
whereas no clauses of that kind had ever been regard-
ed, or thought to have any special force, but fell of
course, when the laws themselves were repealed : he
observes, " that it was an ugly precedent for the sue-
*' eeeding tribunes, if they should happen to have any
" scruples ; and that Clodius had already taken the
" advantage of it, when, in a speech to the people, on
" the third of November, he declared, that this act of
** the tribunes was a proper lesson to their successors,
" to let them see how far their power extended. He
" desires Atticus therefore to find out who was the
*' contriver of it, and how Ninnius and the rest came
*' to be so much overseen, as not to be aw^are of the
" consequences of it f ."
The most probable solution of it is, that the?e tri-
bunes hoped to carry their point with less difficulty,
by paying this deference to Clodius's law, the validity
of which was acknowledged by Cato, and several o-
thers of the principal citizens J ; and they were i»-
-f- Quo major est suspicio malltla; alicujus, cum id, quod ad ipsos
nihil pertinebat, erat autem contra me, scripserunt. Ut novi tri-
buni Pleb. si esseut timidiores, multo magis sibi eo capite utendum
putarent. Neque id a Clodio pnetermissum est, dixit enim in con-
cione ad diem III. Non. Novemb. hoc capite designatis tribunis
pleb. prsescriptum esse quid liceret. Ut Ninnium et ca:teros fugerit
mvestiges velim, et quis attulerit, &c. lb. 23.
X Video enim quosdam clarissimos viros, aliquot locis judicasse,
te cum plebe jure agere potui^-se. Pro Dom. 16.
Sect. V. CICERO. 419
A. Urb. 695. Cic. 49. Coss. — L. Calpurnius Piso. A. Gabinius.
duced to make this push for it, before they quitted
their office, from a persuasion, that if Cicero was once
restored, on any terms, or with what restrictions soe-
ver, the rest would follow of course : and that the re-
covery of his dignity would necessarily draw after it
every thing else, that was wanted : Cicero seems to
have been sensible of it himself on second thoughts,
as he intimates, in the conclusion of his letter ; " I
*' should be sorry," says he, " to have the new tribunes
*' insert such a clause in their lav/ ; yet let them in^
•* sert what they please, ifit will but pass and call me
" home, I shall be content with it |{." But the only
project of a law which he approved, was drawn by his
cousin C. Visellius Aculeo, an eminent lawyer of that
age, for another of the new tribunes, T. Fadius, who
had been his quaestor, when he was consul : he advised
his friends, therefore, if there was any prospect of suc-
cess, to push forwards that law, which entirely pleased
iiim §.
In this suspense of his affairs at Rome, the troops,
which Piso had provided for his government of Ma-
cedonia, began to arrive in great numbers in Thessa-
lonica * : This greatly alarmed him, and made him
resolve to quit the place without delay : and as it was
II Id caput sane nolim novos tribunes pleb. ferre : sed perferant
modo quidlibet : uno capite quo revocabor, modo res conficiatur,
tro contentus. Ad. Alt. 3. 23.
§ Sed si est aliquid in spe, vide legem, quara T. Fadio scripsit
Visellius : ea mihi perplacet. — Ibid.
* Me adhuc Plancius etinet.— Sed jam cum adventare milites
dkerentur, faciendiun nobis erit, ut ab eo disccdamus, lb. 22.
BJ 3
420 Tnt LIFE of Sect. V,
...igiiMi ri II .1^ . ii> n iniai.i I ... , I II. 1.1 -T - 1. I..
A. Urb. 695. Cic, 49. Coss.— -L. Calpurnius Piso. A. Gabinlus.
jiot advisable to move farther from Italy, he ventured
to come still nearer, and turned back again to Dyr-
rhachium : for though this was within the distance
forbidden to him by law, yet he had no reason to ap-
prehend any danger, in a town particularly devoted
to him, and which had always been under his special
patronage and protection. He came thither on the
twenty-fifth of November, and gave notice of his re-
moval to his friends at Rome, by letters of the same
date, begun at Thessalonica, and finished at Dyrrha-
chium * : which shews the great haste, which he
thought necessary, in making this sudden change of
his quarters. Here he received another piece of news,
which displeased him ; " that, with the consent and
" assistance of his managers at Rome, the provinces
" of the consuls elect had been furnished with money
" and troops by a decree of the senate :" but in what
manner it affected him, and what reason he had to be
uneasy at it, will be explained by his own letter up-
on it to Atticus.
" When you first sent me word," says he, " that
" the consular provinces had been settled and provid-
" ed for by your consent, though I was afraid lest it
" might be attended with some ill consequence, yet I
" hoped that you had some special reason for it, which
* Dyirhachium veni quod et libera civitas est, et in me officiosa.
Kp. Fam. 14. I.
Nam ego eo nomine sum Dyrrhachii, ut quam celerrime quid
agatur, audiam, et sum tuto. Civitas enim haec semper a me de-
fensa est. lb. 3.
(^od mei studiosos habeo Dyrrhachinos, ad eos perrexi, cum ilia
superiora Thessalonicae scripsissem. Ad Att. 3. 22. Fam. 14. i.
Sect. V. CICERO. 421
A. Urb. 695. Cic. 49. Coss. — Ij. Calpurnius Piso. A. Gabinius.
" I could not penetrate : but having since been in- .
" formed, both by friends and letters, that your con-
" duct is universally condemned, I am extremely dis-
" turbed at it, because the little hopes that were left
" seem now to be destroyed ; for should the new tri-
" bunes quarrel with us upon it, what farther hopes
" can there be ? and they have reason to do so, since
" they were not consulted in it, though they had un-
" dertaken my cause, and have lost by our concession
" all that influence which they would otherwise have
"■ had over it, especially when they declare, that it
" was for my sake only that they desired the power
" of furnishing out the consuls, not with design to .
" hinder them, but to secure them to my interest ; .
" whereas if the consuls have a mind to be perverse,.
*' they may now be so without any risk ; yet, let them^
" be never so well disposed, they can do nothing without
" the consent of the tribunes. As to what you say, that>
" if you had not agreed to it, the consuls would have
" carried their point with the people, that could never
" have been done against the will of the tribunes : I
" am afraid, therefore, that we have lost by it the af-
" fection of the tribunes ; or, if that still remains, have
" lost at least our hold on the consuls. There is an-
" other inconvenience still, not less considerable ; for
** that important declaration, as it was represented to
'• me that the senate would enter into nothing till my
" affair was settled, is now at an end, and in a case
" not only unnecessary, but new and unprecedented ;
^' for I do not believe that the provinces of the con-
Dd4
422
The life of Sect. V.
A. Urb. 695. Cic. 49. Cosc. — L. Calpunilus Piso. A. Gabinius.
" suls had ever before been provided for, until their
" entrance into office : but having now broken through
" that resolution wliich they had taken in my cause,
" they are at liberty to proceed to any other business
" as they please. It is not, however, to be v/ondered
*' at, that my friends, who were applied to, should
" consent to it ; for it was hard for any one to declare
" openly against a motion so beneficial to the two
*' consuls ; it was hard, I say, to refuse any thing to
" Lentulus, who has always been my true friend, or
*' to Metellus, who has given up his resentments with
*' so much humanity ; yet I am apprehensive that we
" have alienated the tribunes, and cannot hold the
*' consuls : write me word, I desire you, what turn
" this has taken, and how the whole affair stands ;
" and write with your usual frankness, for I love to
" know the truth, though it should happen to be dis-
*' agreeable." The tenth of December *.
But Atticus, instead of answering this letter, or ra-
ther indeed before he received it, having occasion to
visit his estate in Epirus, took his way thither through
Dyrrachium, on purpose to see Cicero, and explain to
him in person the motives of their conduct. Their
interview was but short, and after they parted, Cicero,
upon some new intelligence, which gave him fresh un-
easiness, sent another letter after him into Epirus, to
call him back again : " After you left me," says he,
" I received letters from Rome, for which, I perceive,
" that I must end my days in this calamity ; and, to
* Ad Att. 3. 24.
Sect. V. CICERO. 443
A. Urb, 6^S' Cic. 49. Coss.— L. Calpurnius Piso. A. Ga'^niur;
" speak the truth, (which you will take in good part)
" if there had been any hopes of my return, you, who
" love me so well, would never have left the city at
" such a conjunctiure : but I say no more, lest I be
*' thought either ungrateful, or desirous to involve my
** friends too in my ruin : one thing I beg, that you
" would not fail, as you have given your word, to
" come to me, wherever I shall happen to be,, before
" the first of January f ."
While he was thus perplexing himself with perpe-
tual fears and suspicions, his cause was proceeding very
prosperously at Rome, and seemed to be in such a
train that it could not be obstructed much longer :
for the new magistrates, who were coming on with
the new y^r, were all, except the prastor Appius,
supposed to be his friends, while his enemy Clodius
was soon to resign his office, on which the greatest
part of his power depended : Clodius himself was sen-
sible of the daily decay of his credit, through the su-
perior influence of Pompey, who had drawn Caesar a-
way from him, and even forced Gabinius to desert
him ; so that, out of rage and despair, and the desire
of revenging himself on these new and more power-
ful enemies, he would willingly have dropt the pur-
suit of Cicero, or consented even to recal him, if he
could have persuaded Cicero's friends, and the senate,
to join their forces with him against the Triumvirate.
For this end, " he produced Bibulus, and the other
*' augurs, in an assembly of the people, and demanded
^ I Ad Att. 3. 25.
424
The life of Sect. V.
A. Urb. 695. Cic. 49. Coss. — L. Calpurnius Piso- A. Gabinius.
*' of them, whether it was not unlawful to transact
" any pubHc business, when any of them were taking
" the auspices ?" To which they all answered in the
affirmative. ** Then he asked Bibulus, whether he
** was not actually observing the heavens as oft as any
" of Caesar's laws were proposed to the people ? To
" which he answered in the affirmative : but being
" produced a second time by the praetor Appius, he
" added, that he took the auspices also, in the same
" manner, at the time when Clodius's act of adoption
*' was confirmed by the people :" but Clodius, while
he gratified his present revenge, little regarded how
much it turned against himself; but insisted, " that
" all Caesar's acts ought to be annulled by the senate,
" as being contrary to the auspices, and on that con-
" dition declared pubUcly, that he himself would bring
*' back Cicero, the guardian of the city, on his own
" shoulders *."
In the same fit of revenge he fell upon the consul
Gabinius, and in an assembly of the people, which he
called for that purpose, with his head veiled, and a
little altar and fire before him, consecrated his whole
estate. This had been sometimes done against trai-
terous citizens, and when legally performed, had the
* Tu tuo praecipitante jam et debilitate tribunatii, auspiciorum
patronus subito extitisti. Tu M. Bibulum in concione, tu augures
produxisti. Te interrogante augures responderunt, cum de coelo
servatum sit, cum populo agi non posse — tua denique omnis actio
posterioribus mensibus fuit, omnia, quae C. Caesar egisset, quae con-
tra auspicia essent acta, per senatum rescindi oportere. Quod si
fieret, dicebas, te tuis bumeris me, custodem urbis, in urbem rela-
turum. Pro Dom, 15.
Sect, V, CICERO. 425
A. Urb. 695. Cic. 49. Coss. — L. Calpurniu'^ Piso, A. Gabinius.
effect of a confiscation, by making the place and ef-
fects ever after sacred and public , but, in the present
case, it was considered only as an act of madness, and
the tribune Ninnius, in ridicule of it, consecrated Glo-
dius's estate in the same form and manner., that what-
ever efficacy was ascribed to the one, the other might
justly challenge the same f ,
But the expected hour was now come, which put
an end to his detestable tribunate : it had been uni-
form and of a piece from the first to the last ; the most
infamous and corrupt that Rome had ever seen : there
was scarce an office bestowed at home, or any favour
granted to a prince, state, or city abroad, but what he
openly sold to the best bidder : " The poets," says Ci-
cero, " could not feign a Charybdis so voracious as his
" rapine : he conferred the title of king on those who
" had it not, and took it away from those who had
" it * ;" and sold the rich priesthoods of Asia, as the
Turks are said to sell the Grecian bishopricks, with-
out regarding whether they were full or vacant ; of
which Cicero gives us a remarkable instance : " There
was a celebrated temple of Cybele, at Pessinuns in
t* Phrygia, where that goddess was worshipped with
f Tu, tu, inquam, capite velato, concione advocata, foculo po-
sito bona tui Gabinii consecrasti in — quid ^ exemplo tuo bona tua
nonne L. Ninnius — consecravit ? quod si, quia ad te pertinet, ra-
tum esse negas oportere j ea jura constituisti in prseciaro tribunatu
tuo, quibus in te conversis, recusares, alios eVerteres. —Pro Dom.
47» 48. ^
* Reges qui erant, vendidit *, qui non erant, appellavit — quarn
denique tarn immanem Charybdim poetae fingendo exprimere potu-
erunt, quae tantos exhaurire gurgites posset, quantas iste pryedtis— i
cxsorbuit ? De Harus. resp. 27.
4^6 The LIFE of Sect. V.
A. Urb. 695. Cic. 49. Coss — L. Calpurnius Piso. A Gabinius.
*' singular devotion, not only by all Asia, but Europe
" too ; and where the Roman generals themselves of-
" ten used to pay their vows and make their offerings."
Her priest was in quiet possession, without any rival
pretender, or any complaint against him ; yet Clodius,
by a law of the people, granted this priesthood to one
Brogitarus, a petty sovereign in those parts, to whom
he had before given the title of of king : " and I shall
" think him a king indeed," says Cicero, " if ever he
" be able to pay the purchase-money :" but the spoils
of the temple were destined to that use ; if Deiotarus,
king of Galatia, a prince of noble character, and a true
friend to Rome, had not defeated the impious bargain,
by taking the temple into his protection, and main-
taining the lawful priest against the intruder ; not suf-
fering Brogitarus, though his son-in-law, to pollute or
touch any thing belonging to it *.
All the ten new tribunes had solemnly promised to
serve Cicero ; yet Clodius found means to corrupt two
* Qui accepta pecunia Pessinuntem ipsum, sedeci domicilium-
que Matris Deorum vastaris, et Brogitaro, Gallograeco, impuro
homini ac nelario — totum ilium locum fanumque vendideris. Sa-
cerdotem ab ipsis aris, pulvinaribusque detraxeris. Quae reges om-
nes, qui Asiam Europamque tenuerunt, semper summa religione co-
luerunt. Qute majores nostri tam sancta duxerunt, ut — nostri im-
peratores maximis et periculosissimis bellis huic Deae vota facerent,
eaque in ipso Pessinunte ad illam ipsam principem aram et in illo
loco fanoque persolverent. Putabo regcm, si habueiit unde tibi
solvat. Nam cum multa regia sunt in Deiotaro, tum ilia niaxime,
quod tibi nummum nullum dedit. Quod Pessinuntem per scelus a
te violatum, et sacerdote, sacrisque spoliatum recuperavit. Quod
c*remonias ab omni vetustatc acceptas a Brogitaro poUuI non si-
nlt, mavultque generum suum munere tuo, quam illud fanura anti-
quitate religioni^. carere. Ibid. 13. Pro Scxt. 26.
Sect. V. CICERO.
427
A. Urb. 695. Cic. 49. Coss. — L. Calpurnius Piso. A. Gabinius.
of them, S. Atilius Serranus, and Numerius Quinctius
Gracchus ; by whose help he was enabled still to
make head against Cicero's party, and retard his re-
storation some time longer : but Piso and Gabinius,
perceiving the scene to be opening apace in his fa-
vour, and his return to be unavoidable, thought it
time to get out of his way, and retire to their several
governments, to enjoy the reward of their perfidy ;
so that they both left Rome, with the expiration of
this year, and Piso set out for Macedonia, Gabinius
for Syria.
A, Urb. 696. Cic. 50. Co£s.--P. Cornel. Lentul. Spinther. Q^Caecil. Metcl. Nepos,
On the first of January, the new consul Lentulus,
after the ceremony of his inauguration, and his first
duty paid, as usual, to religion, entered directly into
Cicero's affair, and moved the senate for his restora-
tion * ; while his collegue Metellus declared, with
much seeming candour, " that though Cicero and he
" had been enemies, on account of their different sen-
" timents in politics, yet he would give up his resent-
" ments to the authority of the fathers, and the inter-
"*' ests of the republic f ." Upon which L. Cotta, a
person of consular and censorian rank, being asked his
* Kalendis Januariis. — P. Lentulus consul — simul ac de solem-
ni religione retulit, nihil humanarnm rerum sibi prius, quam de me
agendum judicavit. Post red. ad Quir. 5.
X Quae etiam coUeg-je ejus nioderatio de me ? Qui cum inimiciti-
as sibi mecum ex reipub. dissensione susceptas esse dixisset, eas se
patribus conscriptis dixit et temporibus reipub. permissurum — pro
Sext. 32.
428 The LtFE OF Sect. V.
A. Urb. 696. Cic 50. Coss.— P. Corn. Lentul. Spinther. Q_Cxc. Metel. Nepos.
opinion, the first saiid, " that nothing had been done a-
" gainst Cicero agreeably to right or law, or the cus-
" torn of their ancestors : that no citizen could be driv-
*' en out of the city without a trial ; and that the peo-
" pie would not condemn, nor even try a man capi-
*' tally, but in an assembly of their centuries : that
" the whole was the eiTect of violence turbulent times,
*' and an oppressed republic ; that in so strange a re-
" volution and confusion of all things, Cicero had on-
" ly stept aside, to provide for his future tranquillity,
" by declining the impending storm : and since he had
" freed the republic from no less danger by his ab-
" sence, than he had done before by his presence, that
*^ he ought not only to be restored, but to be adorned
." with new honours : that what his mad enemy had
*' published against him, was drawn so absurdly, both
" in words and sentiments, that, if it had been enac-
*' ted in proper form, it could never obtain the force
'' of a law : that since Cicero therefore was expelled
'* by no law, he could not want a law to restore him,
*' but ought not to be recalled by a vote of the se-
" nate." — Pompey, who spoke next, having highly
applauded what Cotta said, added, " that, for the sake
" of Cicero's future quiet, and to prevent all farther
*' trouble from the same quarrer, it was his opinion,
*' that the people should have a share in conferring
" that grace, and their consent be joined also to the
" authority of the senate." After many others had
spoken likewise with great warmth, in the defence and
praise of Cicero, they all came unanimously into Pom-
pey's opinion, and were proceeding to make a decree
upon it, when Serranus, the tribune, rose up and put
Sect. V. CICERO. 4^9
A. Urb. 696. Cic.50. Coss. — P. Corn.Lentul. Spinther. Q^Caee. Merel. Nepos.
a stop to it ; not flatly interposing his negative, for he
had not the assurance to do that, against such a spi-
rit and unanimity of the senate, but desiring only a
night's time to consider of it. This unexpected inter-
ruption incensed the whole assembly ; some reproach-
ed, others entreated him ; and his father-in-law, Opi-
us, threw himself at his feet to move him to desist :
but all that they could get from him, was a promise to
give way to the decree the next morning ; upon which
they broke up. " But the tribune, " says Cicero," em-
" ployed the night, not as people fancied he would,
" in giving back the money which he had taken, but
" in making a better bargain, and doubling his price ;
" for the next morning, being grown more hardy, he
" absolutely prohibited the senate from proceding to
" any act *." This conduct of Serranus surprized Ci-
cero's friends, being not only perfidious and contrary
*.Tum princeps rogatus sententiam L. Cotta, dixit — Nihil dc
me actum esse jure, nihil more majorum, nihil legibus, &c. Quare
me, qui nulla lege abessem, non restitui lege, sed senatus auctorita-
te oportere. —
Post eum rogatus sententiam Cn. Pompeius, approbata, laudata-
que Cottae sententia, dixit, sese otii mei causa, ut omni populari con-
certatione defungerer, censere j ut ad senatus auctoritatem populi
quoque Romani beneficium adjungeretnr. Cum omnes certatim, a-
liusque alio gravius de mea salute dixisset, fieretque sine uUa varie-
tate discessio : surrexit Atilius : nee ausus est, cum esset emptus,
intercedere *, noctem sibi ad deliberandum postulavit. Clamor se-
natus, querelas, preces, socer ad pedes abjectus. Ille, se affirmare
postero die moram nullam esse facturum. Creditum est : discessum
est : illi interea deliberatori merces, interposita nocte, duplicata est.
Pro Sext. 34.
Deliberatio non in redenda, quemadmodum nonnulli arbitraban-
tur, sed, ut patefactum est, in augenda mercede consumpta est. Post
red. ad Quir 5.
430 The LIFE of Sect. V.
A. Urb. 696. Cic. 50. Coss. — P. Corn. Lentul. Spintlier. Q^Caec. Metel. Nepos.
to his engagements, but highly ungrateful to Cicero ;
who, in his consulship, had been his special encoura-
ger and benefactor J.
The senate, however, though hindered at present
from passing their decree, were too well united, and
too strongly supported, to be baffled much longer by
the artifices of a faction : they resolved, therefore,
without farther delay, to propound a law to the people
for Cicero's restoration ; and the twenty-second of the
month was appointed for the promulgation of it.
When the day came, Fabricius, one of Cicero's tri-
bunes, marched out with a strong guard, before it was
light, to get possession of the rostra : but Clodius was
too early for him : and having seized all the posts and
avenues of the forum, was prepared to give him a
warm reception : he had purchased gladiators, for the
shews of his aedileship, to which he was now pretend-
ing, and borrowed another band of his brother Appius ;
and v/ith these well armed, at the head of his slaves
and dependents, he attacked Fabricius, killed several
of his followers, wounded many more, and drove them
quite out of the place ; and happening to fall in at
the same tim.e with Cispius, another tribune, who
was coming to the aid of his colleague, he repulsed
him also with great slaughter. The gladiators, heat-
ed with this taste of blood, " opened their way on all
" sides with their swords, in quest of Quintus Cicero ;
" whom they met with at last, and would certainly
:j; Is tribunus pleb. quern ego maxmiis beneficiis quGcstorem con-
"^ul ornaveram. Ibid.
Sect. V. CICERO, 43^
A. Urb. 696. Cic. 50. Co3s.— P. Corn. Lent. Spinther. Q^Csc. Mctel. Nepos.
*' have murdered, if, by the advantage of the confu-
*' sion and darkness, he had not hid himself under the
" bodies of his slaves and freedmen, who were killed
*' around him ; where he lay concealed, till the fray
" was over."* The tribune Sextius was treated still
more roughly ;; " for, being particularly pursued and
" marked out for destruction, he was so desperately
" wounded, as to be left for dead upon the spot ; and
" escaped death, only by feigning it :" but while he
lay in that condition, supposed to be killed, Clodius,
reflecting that the murder of a tribune, whose person
was sacred, would raise such a storm, as might occa-
sion his ruin, " took a sudden resolution to kill one of
" his own tribunes, in order to charge it upon his ad-
" versaries, and so balance the account by making
*' both sides ^equally obnoxious :" the victim doomed
to this sacrifice was, Numerius Quinctius, an obscure
fellow, raised to this dignity by the caprice of the mul-
titude, who, to make himself the more popular, had
assumed the surname of Gracchus : " but the crafty
'* clown," says Cicero, " having got some hint of the
" design, and finding that his blood was to wipe off
*' the envy of Sextius's, disguised himself presently in
" the habit of a muleteer, the same in Vv'hich he first
^* came to Rome, and with a basket upon his head,
** while some were calling out for Numerius, others for
** Quinctius, passed undiscovered by the confusion of
*• the two names : but he continued in this danger till
** Sextius was known to be alive ; and if that discove-
** ry had not been made sooner than one would have
*' wished, though they could not have fixed the odium
Vol. L E e
43^
The life oy Sect. V.
A. Urb. 696. Cic. JO. Coss.— P. Corn. Lent. Fpinther. C^Ca;c. Metel. Nepos.
" of killing their mercenary where they designed it,
*« yet they would have lessened the infamy of cne
*' villainy, by committing another, v/hich all people
*' would have been pleased v/ith." According to the
account of this day's tragedy, '* the Tiber, and all the
*' common sev/ers, were filled with dead bodies, and
" the blood wiped up with sponges in the forum, where
" such heaps of slain had never before been seen, but
" in the civil dissensions of Cinna and Octavius *."
Clodius, flashed with this victory, " set fire with
*' his own hands to the temple of the nymphs ; where
* Prlnceps rogatlonis, vir milii amicissimus, Q^Fabricius tem-
plum aliquanto ante lucem occupavit. Cum forum, comitium,
curiam multa de nocte armatis hominibus, ac servis occupavissent,
impetum faciunt in Fabricium, manus afferunt, occidunt nonnullos,
vulnerant multos : venientem in forum, virum optimum M. Cispi-
um vi depellunt : ctedem in foro maximam faciimt. Universi
districtis gladiis in omnibus fori partibus fratrem meum oculis quce-
rebant, voce poscebant.— -Pulsus e rostris in comitio jacuit, seque
bervorum et libertorum corporibus obtexit.
Multis vulneribus acceptis, ac debilitato corpore contrucidato,
Sextius, se abjecit exanimatus *, neque ulla alia re ab se mortem,
nisi mortis opinione, depulit — At vero illi ipsi parricidoe. — Aded
vim facinori sui perhorruerant, ut si paulo longior opinio mortis
Sextii fuisset, Gracchum ilium suum transferendi in nos criminis
causa, occiderecogitarint. — Sensit rusticulus, non incautus v — muli-
onicum penulam arripuit, cum qua primum Romam ad comitia ve-
nerit : messoria se corbe contexit y cum qua;rerent alii Numerium,
alii Quinctium, gemini nominis errore servatus est, atque hoc scitis
onmes ; usque adeo hominem in periculo fuisse, quoad scitum sit,
Sextium vivere. Quod nisi esset patefactum paulo citius, queni
vellem, &c. Meministis turn, judices, corporibus civium Tiberim
compleri, cloacas referciri, e foro spongiis effingi sanguinem. — La-
pidationes persoepe vidimus •, non ita ssepe, sed nimium tamen saepe
gladios ; csedem vero tantam, tantos acervos corporum extructos,
nisi forte illo Cinnano atque Octaviano die, quis unquam in foro
vidit ? Pro Sext. S5> 3^' 37» 3'^-
Sect. V. CICERO.
A. Urb. 696. Cic. 50. Cos?.— P. Corn. Lent, Spinther. Q^ Csec Metel. Nepoa.
*' the books of the censors and the public registers of
" the city v»'ei^ kept, Vv^hich were all consumed with
" the fabric itself*." He then attacked the houses
of Milo the tribune, and Cascihus the praetor, with
fife and sword ; but was repulsed in both attempts
with loss : Milo took several of Appius's gladiators
" prisoners, who, being brought before the senate,
" made a confession of what they knew, and were
" sent to jail : biit were presently released by Serra-
*' nus f .•' Upon these outrages Milo impeached Glo-
dius in form, for the violation of the public peace :
but the consul Metellus, who had not yet abandoned
him. wit!i the praetor Appius, and the tribune Serra-
iius, resolved to prevent any process upon it ; " and by
" their edicts prohibited, either the criminal himself
" to appear, or any one to cite him J." Their pre-
tence was, " that the quaestors were not yet chosen,
" whose office it w^as to make the allotment of the
*' judges ; while they themselves .kept back the elec-
" tion," and were pushing Clodius at the same time
into the aedileship ; which would skreen him of
course for one year from any prosecution. Milo there-
fore, finding it impracticable to bring him to justice
in the legal method, resolved to deal with him in his
own way, by opposing force to force ; and for this
* Eum qui fedem Nympliarum Incendit, ut memoriam publicam
recensionis, tabulis publicis impressam, extingueret. — Pro Mil. 27.
Parad. 4. de Haruspic. resp. 27.
f Gladiatores — compreliensi, in senatum introducti, confessi, in
vincula conjecti a Milone, emissi a Serrano — Pro Sext. 39.
X Ecce tibi consul, praetor, tribunus pleb. nova novi generis edic-
ta proponunt ; ne reus adsit, ne citetur.— Pro Sext. 41.
E e 2
434
The life of Sect. V.
A. Urb. 696. Ck. 50. Coss.— P. Corn. Lent. Spinther. Q^Caec. MeteL Nepos.
end purchased a band of gladiators, with which h&
had daily skirmishes with him in the sheets ; and ac-
quired a great reputation of courage and generosi-
ty, for being the first of all the Romans who had e-
ver bought gladiators for the defence of the repub-
lie ||.
This obstruction given to Cicero's return by an ob-
stinate and desperate faction, made the senate only the
more resolute to effect it : they passed a second vote,
therefore, that no other business should be done, till
it was carried ; and, to prevent all further tumults
and insults upon the magistrates, ordered the consuls
to summon all the people of Italy, who wished well
to the state, to come to the assistance and defence of
Cicero §. This gave new spirits to the honest citizens,
and drew a vast concourse to Rome from all parts of
Italy, where there was not a corporate town of any
note, which did not testify its respect to Cicero by
some public act or monument. *' Pompey was at
" Capua, acting as chief magistrate of his new colony ;
" where he presided in person at their making a de-
" cree to Cicero's honour, and took the trouble like-
II Sed honor! summo Miloni nostro nuper fuit, quod gladiatori-
bui emptis reipub. causa, quce salute ^lostra continebatur omnes P.
Ciodii conatus furoresque compresslt. De Offic. 2. 17.
j Itaque postea nihil vos civibus, nihil sociis, nihil regibus
respondistis. Post red. in Sen. 3.
Quid mihi pra;clarius accidere potuit, quam quod illo referente
vos decrevistis, yit cuncti ex omni Italia, qui remp. salvam vellcnt,
ai me unum"-restituendum et defendendum venirent ? lb. 9.
In una mea causa factum est, ut Uteris consul aribus ex S. C.
cuncta ex Italia, oranes, qui rcmp. salvam vellent, convocarentur^
Pro Sext. 60.
Sect. V. CICERO. 435
A. Urb. 696. Cic. 50. Coss. — P. Corn. Lent. Spinther. Q^Cxc. Metel. Nepos.
" wise of visiting all the other colonies and chief towns
" in those parts," to appoint them a day of general
rendezvous at Rome, to assist at the promulgation of
the law *.
Lentulus, at the same, was entertaining the city
with shews and stage plays, in. order to keep the peo-
ple in good humour, whom he had called from their
private affairs in the country, to attend the public
business. The shews were exhibited in Pompey's
theatre, while the senate, for the convenience of be-
ing near them, was held in the adjoining temple of
honour and virtue, built by Marius out of the Cym-
brie spoils, and called for that reason, Marius's monu-
ment : here, according to Cicero's dream, a decree
now passed in proper form for his restoration ; when,
under the joint influence of those deities, " honour,"
he says, " was done to virtue ; and the monument of
" Marius, the preserver of the empire, gave safety to
" his countryman, the defender of it f ,
The news of this decree no sooner reached the
neighbouring theatre, than tlie whole assembly ex-
pressed their satisfaction by claps and applauses, which
they renewed upon the entrance of every senator ; but
* Qui in colonia nuper constituta, cum ipsa gereret iiiagistratum,
vim et crudelitatem privilegii auctoritate honestissimorum hominum,
■et publicis Uteris consignavit : princepsque Italian totius prit;sidium
ad meam salutem implorandum putavlt. Post red. in Sen. ii.
Hie muncipia, coloniasque audiit : hie Italian totius auxiliurn ini-
ploravit. Pro Dom. I2.
f Cum in temple honoris et virtutis, honos habitus esset virtuti ;
Caiique Marii, conservatoris hujus imperii, monumentum, munic^pi
ejus et reipub. defensor! sedem ad Salutem prsebuisset. Pro Sext.
54. it. 50.
Ee 3
436 The life of Sect. V-
A. Urb. 696. Cic/50. Coss.— r. Corn. Lent. Spinther. Q^Cxc. Metel. Nepos.
when the consul Lentukis took his place, they all rose
up and with acclamations, stretched out hands, and
tears of joy, publicly testified their thanks to him. But
when Glodias ventured to shew himself, they were
hardly restrained from doing him violence ; throwing
out reproaches, threats and curses upon him : so that,
in the shews of gladiators, which he could not bear to
be deprived of, he durst not go to his seat in the com-
mon and open manner, but used to start up into it at
once, from somxC obscure passage under the benches,
w^hich on that account was jocosely called, the Appian
w^ay ; where he was no sooner espied, than so ** gene-
" ral a hiss ensued, that it disturbed the gladiators,
*' and frightened their very horses. From these sig-
" significations, says Cicero, he might learn the diffe-
" rence betv/een the genuine citizens of Rome, and
" those packed assemblies of the people, where he u-
" sed to domineer ; and that the men, who lord it in
" such assemblies, are the real aversion of the city ;
" while those who dare not show their heads in them,
" are received with all demonstration of honour by the
" whole people*."
* Audito S. C. ore ipsi, atquc absent! senatui plausus est ab imi •
versis datus : deinde, cum senatoribus singulis spectatum e senatu
redeuntibus : cum vero ipse, qui ludos faciebat, consul assedit : stan-
tes, &. manibus passis gvatias agentes, & lacrymantes gaudio, suam
crga me benevolentiam ac misericordiam dcclaranmt ; at cum ille
furibuiidus venisset, vix se populus Romanus tenuit. — Pro Sext. 5 <;.
Is, cum quotidie gladiatores spectaret, nunquam est conspectus,
cum veniret : emergebat subito, cum sub tabulas subrepserat — ita-
que ilia via latebrosa, qua ille,.spectatum venicbat, Appia jam vo-
cabatur, qui tamen quo tempore^conspectus erat, non modo gladia-
tores, sed equi ipsi gladiatorum repentinis sibilise.xtimescebant.- Vi-
detisne
Sect. V. CICERO.
437
A. Urb. 696. Cic. 50. Coss.— P. Corn. Lent. Spintbcr. Q^ Cccc. Metcl. Nepos.
When the decree passed, the famed tragedian, ^-
sopus, who acted, as Cicero says, the same good part
in the republic that he did upon the stage, was per-
^forming the part of Telamon, banished from his coun-
try, in one of Accius's plays ; where, by the emphasis
of his voice, and the change of a word or two in some
of the lines, he contrived to turn the thoughts of the
audience on Cicero. '* What he ! who ahvays stood
^- up for the republic I vAio in doubtful times spared
" neither life nor fortunes — the greatest friend in the
^' greatest danger — of such parts and talents — O Fa-
*' ther— I saw his houses and rich furniture all in
'* flames — O ungrateful Greeks, inconstant people ;
" forgetful of sendees I — to see such a man banished ;
^* driven from his country ; and suffer him to continue
" so ?" — At each of which sentences there was no end
of clapping. — In another tragedy of the same poet,
called Brutus, he pronounced Tullius, who estabhsh-
ed the liberty of his citizens ; the people were so af-
fected, that they called for it again a thousand times.
This was the constant practice through the vv^hole time
of his exile, there Vv'^as not a passage in any play, which
could possibly be applied to his case, but the whole
a^udience presently catched it up, and by their claps
and applauses loudly signified their zeal and good wish-
es for him f .
detisne igitur, quantum inter populum Romanum, &. concionem
inteisit ? Dorainos concionum omni odio populi notaii ? Quibus au-
tem conslstere in operarum concionibus non liceat, ecs omni populi
Romani significatione decoraii ? — lb. 59.
f Recenti nuncio de iilo S. C. ad ludos, sc^naraque perlato sum-
mus artifex, & me meliercule semper partium in repub. tanquamiii
E e 4
438 The LIFE of Sect. Y.
A. Urb. 696. Cic. 50. Cos?.— P. Corn. Lent. Spinther. Q^Cxc. Metel. Nepos.
Though a decree was regularly obtained for Cice-
ro's return, Clodius had the courage and address still
to hinder its passing into a law : he took all occasions
of haranguing the people against it ; and when he had
filled the forum with his mercenaries, " used to de-
" mand of them aloud, contrary to the custom of Rome,
*' whether they would have Cicero restored or not ;
" upon which his emissaries raising a sort of a dead
" cry in the negative, he laid hold of it, as the voice
" of the Roman people, and declared the proposal to
"be rejected:!:." But the senate, ashamed to see
their authority thus insulted, when the whole city was
on their side, resolved to take such measures in the
support of their decrees, that it should not be possible
to defeat them. Lentulus therefore summoned them
into the Capitol, on the twentyfifth of May ; where
Pompey began the debate, and renewed the motion
for recalling Cicero ; and, in a grave and elaborate
speech which he had prepared in writing, and deliver-
bcena, optirnatium, flens & recenti la-titia &. misto dolore ac deside-
rio mei — summi eiiim poetae ingenium non solum arte sua sed etlam
dolore exprimebat. " Quid enim ? qui remp. certo animo adjuve-
" rit, statuerit, steterit cum Achivis — re dubia nee dubitarit vitam
" ofFerre, iiec caplti perpercerit,- summum amicum summo in
*' belio, summo ingenio praiditum — O Pater — hsec omnia vidi In-
** flammari — O ingratifici Argivi, Inanes Graii, immemores benefi-
*' cii ! -exulari senitis, sistis pelli pulsum patimini" — quae signiiicatio
fuerit omnium, qu'ce declaratio voluntatis abuniverso populo Romano?
Nominatim sum appeilatus in Eruto, Tullius, qui libertatem ci-
vibus stabiliverat. Millies revocatum est. Pro Sext. ^6, 7, 8.
% lUe tribunus pleb. qui de me ■ non majorum sucrum, sed
Graeculorum instituto fonscionem intcrrogare solebat, velletne me
redire : &. cum erat reclamatum seraivivis mercenariorum vccibus: ^
populurn Rcmanum negare dicebat. lb. 59.
Sect.V. CICERO, 439
A. Urb. 696. Cic. 50. Coss. — P. Corn. Lent. Spinther. Q^Caec. Metel. Nepos.
ed from his notes, which gave him the honour of hav-
ing saved his country "*, All the leading men of the
.senate spoke after him to the same effect ; but the
consul Metellus, notwithstanding his promises, had
been acting hitherto a double part ; and was all along
the chief encourager and supporter of Clodius : Vv^hen
Servilius therefore rose up, a person of the first digni-
ty, who had been honoured with a triumph and the
censorship, he addressed himself to his kinsman, Me-
tellus ; and, " calling up from the dead all the family
" of the Metelli, laid before him the glorious acts of
" his ancestors, with the conduct and unhappy fate of
" his brother, in a manner so moving, that Metellus
" could not hold out any longer, against the force of
" the speech, nor the authority of the speaker, but,
" with tears in his eyes, gave himself up to Servilius,
" and professed all future services to Cicero :" in v/hich
he proved very sincere, and from this moment as-
sisted his colleague in promoting Cicero's restoration :
" to that in a very full house, of four hundred and
" seventeen senators ; when all the magistrates were
" present, the decree passed without one dissenting
** voice, but Clodius's f :" which gave occasion to Ci-
* Idem ille consul cum ilia Incredibilis multltudo Romam, &.
paene Italia ipsa venisset, vos frequentissimos in Capitolium convo-
cavit. (Post red. in Sen. 10.) Cum vir is, qui tripaititas orbis ter-
rarum oras atque regiones tribus triumphis huic imperio adjunctas
notavit, de scripto sententia dicta, mihi uni testimonium patrise con-
servatKi dedit — Pro Sext. 61.
f Qii* Metellus, & inimicus & frater inimici perspecta vestra.
voluntate, omnia privata odia deposuit : quem P. Servilius — &. auc .
toritatis &. orationis suae divina quadam gravitate ad sui generis,
communisquc sanguinis facta, virtutesque revocavit, ut baberet in.
44^ The LIFE of Sect. V.
A. Urb. 696. Cic. 50. Coss.— P. Corn. Lent. Spinther. Q^Cxc. Metel. Nepc
cero to write a particular letter of thanks to Metellus,
as he had done once before, upon his first declaratioq
for him J.
Some may be apt to wonder why the two tribunes,
who were Cicero's enemies still as much as. ever, did
not persevere to inhibit the decree ; since the nega-
tive of a single tribune had an indisputable force to
stop proceedings ; but when that negative was whoL
ly arbitrary and factious : contrary to the apparent
interest and general inclination of the citizens ; if the
tribune could not be prevailed with by gentle means
to recal it, the senate used to enter into a debate up-
on the merit of it, and proceed to some extraordinary
resolution, of declaring the author of such an opposi-
tion, an enemy to his country ; and answerable for
all the mischief that was likeky to ensue ; or of or.-
dering the consuls to take care that the republic re-
ceived no detriment ; which votes were thought to
justify any methods, how violent soever, of removing
either the obstruction or the author of it ; who seldom
cared to expose himself to the rage of an inflamed ci-
ty, headed by the consuls and the senate, and to as-
sert his prerogative at the peril of his life.
consilio & fratrem ab inferis — & omnes Metellos, prasstantissimos
cives— itaque extitit non modo salutis defensor, — verum etiam ad-
scrlptor dignitatis meae. Quo quidem die, cum vos CDXIX, ex
senatu essetis, magistr^tus autem hi omnes adessent, dissensit unus
— Post red. in Sen. 10.
Collacrymavit vir egregius ac vere Metellus, totumque se P.
Servilio dicenti etiam tum tradldit. Nee illam divinam gravitatem,
plenam antlquitatis, diutius potuit sustinere. Pro Sext. 62.
:|: Epist. fam. c, ^.
Sect. V. CICERO. 441.
A. Ur'o. 696. Cic, 50. Coss.— P. Corn. Lent. Spinther, Q^Caec. Metel. Ncpos.
This in effect was the case at present ; when the
consul Lentukis assembled the senate again the next
day, to concert some effectual method for- preventing
all farther opposition, and getting the decree enacted
into a law : but before they met, he called the people
likewise to the rostra ; where he, and all the princi-
pal senators in- their turns, repeated to them the sub-
stance of what they had said before in the senate, in
order to prepare them for the reception of the law :
Pompey particularly exerted himself, in extolling the
praises of Cicero ; declaring, ^' that the republic o wed
" its preservation to him ; and that their common safe-
*' ty was involved in his ; exhorting them to defend
" and support the decree of the senate, the quiet of
" the city, and the fortunes of a man, w™ had de-
*' served so well of them : that this was the general
" voice of the senate ; of the knights of all Italy ; and,
" lastly, that it was his own earnest and special request
*' to them, which he not only desired, but implored
*' them to grant *." When the senate afterwards
met, they proceeded to several new and vigorous votes,
to facilitate the success of the law : First, " That no
" magistrate should presume to take the auspices, so
" as to disturb the assembly of the people, when Ci-
* Quorum princeps ad rogandos et ad coliortandos vos fuit Cn.
Pompeius — primum vcs docuit, mels consiliis rempub. esse serva-
tam, causamque meam ciim communi salute conjunxit : hortatusque
est, ut auctoritatem senatus, statum civitatis, fortunas civis bene
TTieriti defenderetis : turn in perorando posuit, vos rcgari a senatu,
rogari ab equitibus, rogari ab Italia cuncta : denivque ipse ab extre-
mum pro mea vos salute non rogavit solum, verum etiam obsecra-
vit. Post red. ad Quir. 7.
442 The LIFE of Sec^. V.
A- Urb. 696. Cic. 50. Coss. — P. Corn. Lent. Spinthcr. C^Csec. Metel. Nepos.
" cero's cause was to come before them : and that if
*' any one attempted it, he should be treated as a pu-
" blic enemy.
Secondly, " That if, through any violence or ob-
" struction, the law was not suffered to pass, within
" the five next legal days of assembly, Cicero should
*' then be at hberty to return, without any farther au-
** thority.
Thirdly, " That public thanks should be given to
" all the people of Italy, who came to Rome for Ci-
" cero's defence ; and that they should be desired to
" come again, on the day when the suffrages of the
" people were to be taken.
Fourthly, '' That thanks should be given Hkewise
" to all the states and cities, which had received and
" entertained Cicero ; and that the care of his person
" should be recommended to ail foreign nations in al-
" liance with them ; and that the Roman generals,
" and all who had command abroad, should be order-
" ed to protect his life and safety *."
* Quod est postridie decretum in curia — ne quis de coelo serva-
ret •, ne quis moram uilam afferret j si quis aliter fecisset, eum plane
cversorem reipub. fore.
Addidit, si diebus quinque quibus agi de me potuisset, non ess^t
actum, redirem in patriam omni auctoritate recuperata.
IJt iis, qui ex tota Italia salutis mese causa convenerant, ageren-
tur gratiae : atque iidem ad res redeuntes, ut venirent, rogarentur.
Quern enim unquam senatus civem, nisi me, nationibus exteris
commendavit ? cujus unquam propter salutem nisi meam, senatus
publice sociis populi Romani gratlas egit ? De me uno P. C de-
creverunt, ut qui provincias cum imperio obtinerent, qui quaestores
legatique essent, salutem et vitam meam custodirent. Pro Sext.
60, 61.
Se€t. V. CICERO. 443
A. Urb. 696. Cic. 50. Coss.— P. Com Lent. Spinther. Q:_ Csec. Metel. Nepos.
One cannot help pausing a while, to reflect on the
great idea which these facts imprint, of the character
,and dignity of Cicero ; to see so vast an empire in
such a ferment on his account, as to postpone all their
concerns and interests, for many months successively,
to the safety of a single senator f ; who had no other
means of exciting the zeal, or engaging the affections,
of his citizens, but the genuine force of his personal
virtues, and the merit of his eminent services : as if
the repubhc itself could not stand without him, but
must fall into ruins, if he, the main pillar of it, was
reihoved ; whilst the greatest monarchs on earth, who
had any affairs with the people of Rome, were look-
ing on, to expect the event, unable to procure any
answer, or regard to what they were soliciting, till
this affair was decided : Ptolemy, the king of Egypt,
wjs particularly affected by it ; who, being driven out
of his kingdom, came to Rome about this time, to beg
help and protection against his rebellious subjects ;
but, though he was lodged in Pompey's house, it was
not possible for him to get an audience till Cicero's
cause was at an end.
The law, now prepared for his restoration, was to
be offered to the suffrage of the centuries ; this was
the most solemn and honourable way of transacting
any public business, where the best and gravest part
of the city had the chief influence ; and where a de-
f Nihil vos civibus, nihil socils, nihil re gibus respondistls. Ni-
hil judices sententiis, nihil populus suffragiis, nihil hie ordo aucto-
ritate declaravit : mutum foritra, elinguem curiam, tacitara et frac-
tarn civitatem videbatis. Post. red. in Sen. 3.
444
TrfE LIFE OF Sect. V,
A. Urb. 696. Cie. 50. Cos?, -.p. Corn, i.cnt. finther. Q^Csc. Metd Ncpbs.
cree of the senate was previously necessary to make
the act valid : but, in the present case, there seem to
have been four or fiA^e several decrees provided at
different times, v/hich had all been frustrated by the
intrigues of Clodius and his friends, till these last votes
proved decisive and effectual*. Cicero*s resolution
upon them vras, " to wait till the law should be pro-
" posed to the people ; and if, by the artifices of his
" enemies, it should then be obstructed, to come "a-
" way directly, upon the authority of the senate ; and
" rather hazard his life, than bear the loss of his coun-
" try any longer f .'* But the vigour of the late de-
bates had so discouraged the chiefs of the faction, that
they left Clodius single in the opposition : Metellus
dropt him, and his brother Appius was desirous to be
quiet J ; yet it was above two months still from the
last decree, before Cicero's friends could bring the af-
fair to a general vote ; which they effected at last on
the 4th of August.
There had never been known so numerous and so-
lemn an assembly of the Roman people as this ; all
Italy was drawn together on the occasion : " it was
" reckoned a kind of sin to be absent ; and neither
" age nor infirmity was thought a sufficient excuse for
" not lending a helping hand to the restoration of Ci-
* Vid. Pro Sext. 60. et Notas Manutii ad 61.
f Mihi in animo est legum lationem expectare, et si obtrectabi-
tur, uter auctoritate senatus, et potius vita quam patrio carebo.
Ad Att. 3. 26.
X Redii cum maxima dignitate, fiatre tuo altero consule redu-
cente, altsro prcttore petente. Pro Dom. ^3.
Sect. V. CICERO. 445
A. Urb. 696. Cic. 50. Coss. — P. Corn. Lent. Spinther. Q^Csec. Metel. Nepos.
** cero :" all the magistrates exerted themselves hi
recommending the law, excepting Appius and the two
tribunes, who durst not venture, however, to oppose
it : the meeting was held in the field of Mars, for the
more convenient reception of so great a multitude ;
where the senators divided among themselves the task
of presiding in the several centuries, and seeing the
poll fairly taken : the result was, that Cicero was re-
called from exile, by the unanimous suffrage of all
the centuries ; and to the infinite joy of the whole
city ■*.
Clodius however had the hardiness, not only to ap-
pear, but to speak in this assembly against the law ;
but no body regarded or heard a word that he said :
He now found the difference mentioned above, be-
tween a free convention of the Roman people, and
those mercenary assemblies, where a few desperate
citizens, headed by slaves and gladiators, used to car-
ry all before them : " where now," says Cicero, " were
" those tyrants of the forum, those haranguers of the
" mob, those disposers of kingdoms V — This Vv-as one
of the last genuine acts of free Rome ; one of the last
* Quo die quis civis fuit, qui^non nefas esse putaret, quacunque
aut aetata aut valetudine esset, non se de salute mea sententiam fer-
re ? Post. red. in Sen. xi.
Nemo sibi nee valetudinis excusationem nee senectutis satis jus-
tam putavit. Pro Sext. 52.
De me cum omnes magistratus promulgassent, prseter unum prae-
torem, a quo non erat postulandum, fratrem inimici mei, prteter-
que duos de lapide emptos tribunes plebis riullis comitiis unquam
multitudinem hominum tantam, neque splendidiorem fuisse vos
rogatores, vos distributores, vos custodes fuisse tabularum. In Pi-
son. 15.
44^ The LIFE op Sect. V.
A. Urb. 696. Cic. 50. Coss. — P. Corn. Lent. Spinther. (^Csec. Mctel. Nepos.
efforts of public liberty, exerting itself to do honour
to its patron and defender : for the union of the Tri-
umvirate had already given it a dangerous wound ;
and their dissension, which not long after ensued, en-
tirely destroyed it.
But it gave some damp to the joy of this glorious
day, that Cicero's son-in-law Piso happened to die not
long before it, to the extreme grief of the family ;
without reaping the fruits of his piety, and sharing
the pleasure and benefit of Cicero's return. His praises
however will be as immortal as Cicero's writings, from
whose repeated character of him we learn, " that for
" parts, probity, virtue, modesty : and for every ac-
" complishment of a fine gentleman and fine speaker,
" he scarce left his equal behind him, among all the
" young nobles of that age *."
Cicero had resolved to come home, in virtue of the
senate's decree, whether the law had passed or not ;
but perceiving, from the accounts of all his friends,
that it could not be defeated any longer, he embark-
ed for Italy on the fourth of August ; the very day
on which it was enacted ; and landed the next at
Brundisium, where he found liis daughter Tulha al-
1,, . ,
* Piso ille gener meus, cni pietatis suae fructum, neque ex me,
neque a populo Romano ferre licuit. Pro Sext. 31.
Studio autem neminem nee industria majore cognovi •, quanquam
ne ingenio quldcm qui pra^stiterit, facile dixerim, C. Pisoni, genero
meo. Nullum illi tempus vacabat, aut a forensi dictione, aut a
commentatione domestica, aut a scribcndo aut a cogitando. Ita-
que tantos processus faciebat. ut evolare non excurrere videbatur,
&.C. — alia de illo majora dici possunt. Nam nee continentia, nee
pietate, nee ullo genere virtutis, quenquam ejusdem setatis cum illo
renferendum puto. Brut. p. 297, 298.
Sect. V; CIGERO. 44^
A. Urb. 696. Cic. 50. Coss.— P. Corn. Lent. Spinther. Q^Cxc. Metel. Nepos.
ready arrived to receive him. The day happened to
be the annual festival of the foundation of the town ;
as well as of the dedication of the temple of Safety at
Rome ; and the birth-day likewise of Tullia ; as if
Providence had thrown all these circumstances toge-
ther, to enhance the joy and solemnity of his landing ;
which was celebrated by the people with the most
profuse expressions of mirth and gaiety. Cicero took
up his quarters again with his old host Lenius FlaccuSj
who had entertained him so honourably in his distress j
a person of great learning as well as generosity : Here
he received the welcome news in four days from
Rome, that the law was actually ratified by the peo-
ple with ah incredible zeal and unanimity of all the
centuries f . This obhged him to pursue his journey
in all haste, and take leave of the Brundisians ; w^ho,
by all the offices of private duty, as well as public de-
crees, endeavoured to testify their sincere respect for
him. The fame of his landing and progress towards
the city, drew infinite multitudes from all parts, to
see him as he passed, and congratulate him on his re-
f Pridie Non. Sextll. Dyrrhachio sum profectus, lUo ipso die
lex est lata de nobis. Brundisium veni nonis : ibi mihi TuUiola
mea praesto fuit, natali suo ipso die, qui casu id^m natalis erat Brun-
disinae colonise : et tuge vicing Salutis. Quae res animadversa a
multitudine, summa Brundisinorum gratulatione celebrata est. Ante
diem sextum Id. Sextil. cognovi — Uteris Quinti fratris, mirifico
studio omnium ^tatum atque ordihum, incredibili concursu Italiie^
legem comitiis centuriatis esse perlatum. Ad Att. 4. i.
Cumque me domus eadem optimorum et doctissimorum virorum^
Lenii Flacci, et patris et fratris ejus laetissima accepisset, quee
proximo anno moerens receperat, et suo periculo prsesidioque de^
fenderat. Pro Sext. 63.
Vol. I. F
448 The LIFE o? Sect. V.
A. Urb. 696. Cic. jo. Coss. — P. Corn. Lent. Spinther. Q^Caec. Metel Ntpos.
turn : " so that the whole road was but otit continued
*• street from Brundisium to Rome, lined on both sides
" with crowds of men, women, and children ; nor wa§
*' there a prasfecture, town, or colony, through Italy,
*' which did not decree him statues ^or public honours,
^^ and send a deputation of their principal members to
" pay him their compliments : that it was rather less
" than the truth, as Plutarch says, what Cicero hiiti-
*' self tells us, that all Italy brought him back upon
" its shoulders *, But that one day, says he, was
" worth an immortality ; when, on my approach to-
" wards the city, the senate came out to receive me,
*' followed by the whole body of the citizens ; as if
" Rome itself had left its foundations, and marched
" forward to embrace its preserver f."
As soon as he entered the gates, he saw " the steps
" of all the temples, porticos, and even the tops of
*" houses, covered with people, w^ho saluted him Avith
*** an universal acclamation, as he marched forward to-
** wards the Capitol, where fresh multitudes were ex-
* Meus quidem redltus is fult ut a Brundisio usque Romam ag-
men perpetuum totlus Italioe viderejn. Neque enim regio fuit ulla,
neque praefectura, neque municipium aut colonia, ex qua non pub-
lice ad me venerint gratulatum. Quid dicam adventus meos ?
Quid efFusiones hominum ex oppidis ? Quid concursum ex agris
patrum familijts cum conjugibus ac liberis ? &c. in Pison. 22.
Italia cuncta pi5;ne sui.-j liumerisreportavit. Post, red. in Sen. 15.
itinere toto urbes Itaiin^ festos dies 2'^ere adventus mei videban-
tur. Vice njultitudine iegatorum undique missorum cclebrabantur.
Pro Sext. 63,
f Unus ille dies tnihl qujd^m instar immortalitatis fuit — cum Se-
natum egressum vidi, po|nilumquc Romanum universum, cum mihi
ipsa Roma, prope convulsa sedibus suis^ ad cowiplectendutn cptisexv
-.htoreni -wdm proctd-^re vi-^; est. In Fli.cn, 22.
Sect. V. CICERO.
449
A. Urb. 696. Cic. 50. Coss.— P. Corn. Leni. Spinther. Q^Caec. Mctel. Nepos.
" pecting his arrival ; yet in the midst of all this joy
" he could not help grieving, he says, within himself,
" to reflect that a city so grateful to the defender of
*' its liberty, had been so .miserably enslaved and op-
" pressed *." The Capitol was the proper seat or
throne, as it were, of the majesty of the empire ; w^here
stood the most magnificent fabric of Rome, the tem-
ple of Jupiter^ or of that god whom they stiled the
greatest and the best f ; to whose shrine all, v/ho en-
tered the city in pomp or triumph, used always to
make their first visit. Cicero, therefore, before he had
saluted his wife and family, was obliged to discharge
himself here of his vows and thanks for his safe return ;
where, in comphance with the popular superstition, he
paid his devotion also to that tutelary Minerva, whom,
at his quitting Rome, he had placed in the temple of
her father. From this office of rehgion, he was con-
ducted by the same company, and with the same ac-
clamations to his brother's house, where this great pro-
cession ended : Vv^hich, from one end of it to the other,
was so splendid and triumphant, " that he had reason,"
he says, " to fear, lest people should imagine that he
" himself had contrived his late flight, for the sake of
*' so glorious a restoration." ||
* Iter a porta, in Capitolium ascensus, domum reditus erat ejus-
modi, ut summa in laetitia illud dolorem, civitatem tarn gratam,
tarn miseram atque oppressam fuisse. — Pro Sext. 63.
X Quocirca te, Capitollne, quern propter beneficia populus Ro-
manus optimum, propter vim, maximum, nominavit. Pro dom. 57.
II Ut tua mihi conscelerata ilia vis non modo non propulsanda,
sed etiun^ emenda fuisse videatur. Pro dom. 28.
END OF THE FIRST VOLUME.
^dir.l)arghi-^Fr',nied ly J. Moir, PatcrsotCs Qpurt,