CERO ORATORY AND ORATORS HIS LETTERS TO QUINTUS AND BRUTUS. TBANSIiAIED OB EDITED BY J.' S,' WATSON. LONDON: BELL & DALDY, YORK STREET, COVENT GARDEN. 1871. ^-^^s^ -j\\>^-^ LONDON : PRINTED BY WILLIAM CLOWES AND SONS, STAMFORD STREET AND CHARING CROSS. PREFACE. A Translation of the Dialogues Be Oratore was published m 1762, bj George Barnes, a Barrister of the Inner Temple. Mr. Barnes's version was made with great care, and, though less known than Guthrie's, was far superior to it. If he occasionally mistook the sense of his author, he seems to have been always diligent in seeking for it. He added some notes, of which those deemed worth preserving are distin- gaished by the letter B. Barnes's translation is the groundwork of the present; ■ but every page of it has been carefully corrected, 9,nd many pagT^ re-written. The text to which it is made conformable is thait of Orellius, which differs but little from EUendt's, the morel recent editor and illustrator of the work, from whom some uotes have been borrowed. No \labour has been spared to produce a faithful and readable translation of a treatise which must always be interestjing to the orator and the student. ! The ) translation of Cicero's '^'Brutus; or, Remarks on EmineLv' Orators," is by E. Jones, (first published in 1776,) which r:as long had the well-deserved reputation of com- I bining fidelity with elegance. It is therefore reprinted with j but little variation. I J. S. W. I b CONTENTS. Cicero's Lettees to his Brother Quintus . 1 Cicero's Letters to Brutus . 90' DE OIIATOEE-; or, on the Character of an Orator . . 142 BRUTUS ; or, Eemarks on Eminent Orators 402 ^^?W^ >^e^/^iy^^^ CICEEO'S LETTERS HIS BEOTHER QUINTUS. BOOK I. LETTER I. This Letter was written in the year 694 a.u.c, in tlie consulship of Afranius and Metellus, by Cicero to his brother Quintus, who was commanding in Asia, to inform him that his period of command was extended for a third year ; a year fraught with such im- portant events to the republic, that we learn from Horace that PoUio began his history of the civil wars from this date.^ The consuls themselves were men of no very great importance; they were both creatures of Pompey, who had assisted them to obtain the office by the most open corruption : but he was mistaken in reckoning on the adherence of Metellus, whom he had offended by divorcing his sister Mucia ; while Afranius was a man of no character, and of very moderate abilities ; so weak, according to Cicero, as to be ignorant of the value of the consulship which he had bought. ^ With such men for its rulers, the city speedily became a scene of universal dissension. Pompey, who had just celebrated his triumph over Mithridates with unprecedented magnificence, was instigating Flavius, one of the tribunes, to bring forward an agrarian law similar to that of E-uUus, for a division of lands in Italy, — partly consisting of some of the public domains, and partly of estates to be bought Motum ex Metello consule civicum Bellique causas, et vitia, et modos, Ludumque Fortunse, gravesque Principum amicitias, et arma Nondum expiatis uncta cruoribus; Periculosss plenum opus alese Tractas. — Hor. Carm. IL i. 5p. ad Att. i. 19. B 2 CICERO's LETTERS "witli the spoils of the war in which he had been so victorious, — among the veterans of his army, and the poorer classes in Italy. The senate opposed this measure violently, but Cicero, though he had resisted the former proposition, was now inclined to support this, — taking care, indeed, to preserve the vested interests of the possessors; and thinking that when this was provided for, the bill would supply a means for relieving the city of some of its most dangerous inhabitants, and at the same time peopling parts of Italy which were hitherto little better than a desert/^ No doubt he was partly influenced by his desire to obtain the protection of Pompey in the struggle which he foresaw for himself with Clodius, who was now seeking to be adopted into a plebeian family, in order to be elected a tribune of the people, so as to attack Cicero with greater power of injuring him — for the great Catulus died at this time, and Cicero complains to Atticus, that his death had left him without an ally in the dangers which threatened him, and without a companion in his course of defending and upholding the interests of the nobles.^ About the beginning of this year also, news arrived from Gaul of com- motions in that province, which was always in great danger from the frequent inroads of the Helvetii, from whom an invasion on a larger scale was now apprehended. The senate decreed that the consuls should undertake the defence of the Cisalpine and Transalpine pro- vinces, and sent men of consular rank to different districts to levy armies ; but Pompey and Cicero remained at Rome, being, as he tells Atticus, retained by the express command of the senate, as pledges of the safety of the republic.^ In the meantime Caesar, who had been serving in Spain as propraetor, wrote letters to the senate to demand a triumph ; but wishing also to obtain the consulship for the succeeding year, he relinquished the idea of the triumph, (which would have prevented him from entering the city till after its celebration,) in order to canvass the citizens for the more substantial honour. Perceiving, on his arrival in Rome, the true posture of affairs, — the power which Crassus possessed, de- rived from his character and riches ; the authority with which his military renown, and his position as the acknowledged leader of the aristocratic party, invested Pompey; and his own need of such coadjutors for the project, which he had already begun to coirceive, of finally making himself master of the republic, — he re- conciled Pompey and Crassus, who had previously been on no very friendly terms ; and then formed that intimate connexion with them both, which is known in history as the first triumvirate ; the three chiefs coming to an agreement to prevent measures of any kind being adopted in the republic without the united consent of them all. Csesar obtained the consulship, but the senate gave him Bibulus for his colleague, and made a further attempt to prevent any great increase to his power or popularity, by assigning to the new consul? ^ Qu4 constitute diligenter et sentinam nobis exhaurior; et Italia solitudinem frequentari posse arbitrabar. — Ep. ad Att. i. 19- =» Ep. ad Att. i. 20. s i^q^^^ i 19, TO HIS BROTHER QUINTUS. 6 only the supervision of the roads and forests : a charge, as Suetonius calls it, of the slightest possible importance. This was the posture of affairs at Eome, afc, and soon after, the time when Cicero addressed this first letter to his brother. Marcus to his brother Quintus, greeting. I. 1. Although I had no doubt that iijany messengers, and common report too, with its invariable rapidity, would out- strip this letter; and that, before its arrival, you would hear from others that a third year has been added to the period during which I have to regret your absence, and you are to continue your labours; still I thought that direct informa- tion of this trouble ought to be conveyed to you from me also. For in my former letters, — and that not once only, but repeatedly, even after the matter was despaired of by others, — I still gave you hope of an early removal; not merely that I might gratify you as long as possible with the pleasing expec- tation, but also because such great exertions were made both by the praetors and by myself, that I would not give up all hope that the matter might be managed. 2. But now, since it has so turned out, that the praetors have not been able to do any good by their influence, nor I by my own zeal, it is extremely difficult to avoid feeling great vexation ; but still it is not fit that our spirits, w^hich have been tried in managing and supporting matters of the greatest moment, should be crushed and rendered powerless by a petty annoyance. And since men are naturally most concerned at misfortunes which have been incurred by their own fault, there is something in this business that must be borne with more vexation by me than by you. For it hap- pened through my fault, and through acting in opposition to what you had represented to me, both when setting out and afterwards by letter, that a successor was not appointed the year before. In that matter, while I was consulting the safety of the allies, while I was resisting the impudence of some commercial people, and while I was desirous that my reputation should be advanced by your merit, I acted unwisely ; especially as I have given occasion that that second year of your command may draw on a third after it. 3. Since, then, I confess that the fault is mine, it will be the task of your wisdom and kindness to take care and manage that this matter, too incautiously considered by me, may be b2 4: CICERO S LETTERS corrected by your own diligence. And if you arouse yourself with fresh energy to cultivate a good reputation in every respect, so as to rival, not others, but yourself ; if you direct all the faculties of your mind, all your care and thoughts, to the pre-eminent object of obtaining praise in all things, — take, my word for it lliat one year added to your Labour will bring happiness for many years to us, and glory to our posterity. 4. I therefore entreat you above all things not to diminish or lower your spirit, nor to allow yourself to be overwhelmed by the magnitude of the affair, as by a wave of the sea ; but, on the other hand, to bear yourself erect to resist, and even of your own accord to meet difficulties. For you do not manage a department of the public of such a nature that for- tune has the rule in it, but one in which method and dili- gence have the greatest influence. If indeed I saw that your period of command was prolonged while you were engaged in any great and perilous war, I should feel misgivings in my mind, because I should know at the same time that the power of fortune over us was also prolonged. 5. But at present, that part of the commonwealth is com- mitted to you, in which fortune has no share, or only an ex- ceedingly insignificant one, and which appears to me to depend wholly on your own virtue and moderation of dispo- sition. We apprehend, I think, no insidious attacks of enemies, no struggle in the field, no revolt of our allies, no want of pay or provisions, no mutiny in the army ; accidents which have very often happened to men of the greatest pru- dence: so that, as the most skilful pilots cannot overcome the violence of a storm, they in like manner have been unable to subdue the violent hostility of fortune. To your lot has fallen the most complete peace, the most entire tranquillity, though in such a way that it may even ^ overwhelm a sleeping pilot, or even delight a wakeful one. 6. For that province of yours consists in the first place of that class of allies which is the most civilized of all the human race ; and secondly, of that class of citizens who either, be- cause they are farmers of the revenue,^ are bound to us by ^ Vel, Ernesti condemns this word, and I^Iatthise has ejected it. ^ The farmers of the public revenue were generally of the equestrian order, to which Cicero himself belonged ; and in his public character and speeches he had always taken care to maintain the connexion, by Beizing every opportunity of extolling and defending them. TO HIS BROTHER QUI^'TUS. 5 ties of the closest connexion, or who, because they manage their deaUngs so as to become wealthy, think that they pos- sess their fortunes in safety through the beneficial effects ol my consulship. 11. 7. But, you will urge, between these very men them- selves there are grave disputes : many injuries arise, and great contests follow; as if I supposed that you also do not sustain a considerable weight of business. I am aware that your affairs are of very great importance, and require consummate prudence; but remember that I consider this affair depends more upon prudence than upon fortune ; for what difficulty is there in restraining those over whom you have authority, if you also restrain yourself? This may be a great and arduous task for others, as it is indeed most arduous, but it has always been a very easy one for you ; and in truth so it ought to be, since your natural disposition is such that, even without instruction, it would appear that it might have been excellently regulated, and such an education has been bestowed upon it as might exalt even the most vicious natura. While you yourself resist the temptations of money and of pleasure, and of every sort of desire, as you do resist them, there will be, I suppose, danger lest you may not be able to check the worthless trader, or the somewhat too covetous farmer. The Greeks,"- indeed, will look upon you, while you live in such a manner, as some [hero revived] from the old traditions of their annals, or even as some divine being descended from heaven into the province. 8. And I write this now, not that you may act thus, [for that you do,] but that you may rejoice in acting and having acted thus. For it is a glorious thing for you to have lived three ^ years in Asia, invested with the highest military- au- thority, in such a manner that no statue, no picture, no vase,^ ^ Cicero calls them Greeks, because all the coast of Asia Minor was colonized by Greeks, and the language had gradually come to prevail throughout the whole peninsula. 2 The text has triennium ; Ernesti and others would read hiennium, to suit the commencement of the letter ; a change rendered necessary, indeed, by the verb fuisse. ^ How irresistible such temptations were to Roman governors in general, may be seen in Cicero's orations against V erres ; who was pro- bably only pre-eminent among them for rapacity, because the richness of his province gave him pre-eminent opportunities for displaying it. b CICEriOS LETTERS no present of robes or slaves, no allurement of personal beanty, no opportunity of extorting money, (of all which forms of corruption that province is most prolific,) has been able to turn you aside from perfect integrity and moderation. 9. And what can be found so admirable, or so thoroughly desirable, as that that virtue, that moderation of mind, that well-regulated abstinence, should not lie hid and be buried in darkness, but should be displayed in the light of Asia, and before the eyes of a most splendid province, and cele- brated in the hearing of every nation and people on the earth ? That men should not be alarmed at your progresses, or exhausted by your expenses, or agitated at your arrival among them ; but that, wherever you come, there should be both publicly and privately the greatest possible joy, while every city looks upon itself as entertaining a protector, not a tyrant, and every family feels that it receives a guest, and not a plunderer ? III. 10. But in all these matters experience itself has already, doubtless, taught you, that it is by no means enough for you to have these virtues yourself, but that you must also take dihgent care, in this guardianship of the province, that you may appear to be answerable, not for yourself only, but for all the officers under your government, to the allies, to your fellow- citizens, and to the commonwealth. Although indeed you have lieutenants of such a character that they will of themselves have regard to their own dignity ; among whom Tubero is the first in honour and dignity and age, — a man who, I imagine, especially as he is a writer of history, can find many in the annals of his own family whom he may be both inclined and able to imitate ; and Alienus is completely one of us, not only in his general disposition and benevolence, but also in his imitation of our habits of life. For why need I speak of Gratidius? a man whom I know for certain to be so anxious about his own character, that out of his brotherly love for us, he is anxious also about ours. 11, You have a quaestor, indeed, not chosen by your own judgment, but the one whom the lot assigned you. It is necessary that he should be moderate in his own inclinations, and obedient to your regulations and precepts. If by chance any one of these men be somewhat sordid, you may bear with him so far as he merely neglects, of himself, those rules by TO HIS BROTHER QUINTUS. 7 which you yourself are bound j but not so far that he should abuse, for his own private gain^ that power which you con- ceded to him for the support of his dignity : for I am not indeed of opinion, especially as the habits to which I allude have had such a tendency to excessive lenity and to a courting of popularity, that you should look too closely into every bit of meanness, and get rid of every one guilty of it; but I think that you should trust just so much to each as there is trustworthiness in each. And of these men, those whom the republic itself has assigned to you as supporters and assistants in the discharge of the public business, you will confine to those limits which I have already laid down. TV. 12. But as to those whom you have selected to have about you as your domestic companions^ or your necessary attendants, and who are generally termed a sort of court of the praetor, not only their actions, but even their whole language, must be answered for by us. But you have such people about you as you can easily love if they act rightly, and with the greatest ease restrain, if they show too little regard for your character ; by whom, when you were inex- perienced, your own ingenuous disposition seems likely to have been deceived ; for the more virtuous any one is himself, the more unwillingly does he suspect others of being wicked ; but now this third year of office should display the same integrity as those preceding, with even more caution and diligence. 13. Let your ears be such as are thought to hear openly what they do hear, and not such as those into which anything may be whispered falsely and hypocritically for the sake of gain. Let your signet ring be not like a piece of furniture, but as it were another self; not the agent of another person's will, but the witness of your own. Let your sergeant^ be kept in that station in which our ancestors wished him to be; who bestowed the place not as a lucrative appointment, but as one of labour and duty, and not readily to any but their own freedmen, to whom they gave their orders, indeed, in a man- ner not very different from that in which they gave them to ^ The Latin is accensus, which was the name of a piiblic officer attending on several of the Eoman magistrates. He anciently preceded the consul who had not the fasces; a custom which, having been long disused, was restored by Caesar the very next year. Varro de- rives this title from accieo, because they summoned the people to the assemblies. 8 Cicero's letters their slaves. Let your lictor be the officer, not of his own lenity, but of yours; and let your fasces and axes give him greater insignia of dignity than power. Lastly, let it be known to the whole province, that the safety, the families, the fame, and the fortunes of all those over whom you act as governor, are objects of the dearest interest to you. Moreover, let the opinion prevail, that you will be dis- pleased, not only with those who have accepted any bribe, but with those also w^ho have given one, if you discover the fact. Nor indeed will any one offer a bribe, when it is once clearly ascertained, that nothing is ever obtained from you by the influence of those who pretend to have great weight with you. 14. Not, indeed, that this advice of mine to you is meant to have such an effect as to make you too harsh or suspicious towards your officers ; for if there be among them any one who during two years has never fallen under any suspicion of avarice, (as I hear that both Csesius and Chserippus and Labeo have not, and because I know them, I believe it;) there is nothing that I should not think might be most judiciously and properly committed to them, and to whoever else is of the same character; but if there be any one in whom you have detected anything, or in whom you have noticed anything unfavourable, trust him with nothing ; do not put any part of your own character in his power. / Y. 15. But in the province itself, if you have met with any one who has entered closely into friendship with you, and who was previously unknown to us, take great care how far you ought to trust such a one ; not but that there may be many honest men among the provincials ; but though we may entertain this hope, it is hazardous to judge that it is so ; for the natural character of each individual is concealed under numerous wrappings of disguise, and shrouded, as it were, under veils ; the forehead, the eyes, the whole counte- nance are often false, and the language most frequently of all. On which account, how are you to find out, among that class of men, persons who, influenced by desire for money, can yet do without all those things from which we cannot separate ourselves, and who will love you, a foreigner, with all their heart, and not pretend to do so merely for their own advantage ? To me indeed this seems a consideration of TO HIS BROTHER QUINTUS. 9 great importance, especially if those very same people scarcely ever profess a regard for any private individnal, but do so at all times for every governor ; therefore, if of this class you have by chance met with any one really more attached to yourself than to the opportunity, (for this may have been possible,) gladly count that man in the list of your friends j but if you do not discover such a disposition, there is no sort of men more carefully to be guarded against in respect to intimacy; because they are acquainted with every avenue of corruption, and do everything for the sake of money, and have no notion of regard for the character of a man with whom they are not going to live permanently. 16. And even among the Greeks themselves, intimacies must be formed with strict care, excepting [those with] a very few men, such as may be worthy of ancient Greece ; so deceitful, indeed, are the greater number of them, and fickle, and through long slavery inured to excessive flattery; the whole body of whom I admit ought to be treated with libe- rality, and all the most deserving of them admitted to hos- pitality and friendship ; but an excessive intimacy with them is not sufficiently to be trusted, for they do not dare to oppose our inclinations, and are envious, not only of our people, but also of their own countrymen. VI. 17. If I then desire to be so cautious and diligent in matters of that sort, in which I am afraid lest I may appear even somewhat over-rigid ; of what opinion do you conceive me to be with respect to slaves'? whom indeed we ought to rule strictly everywhere, and most especially in the provinces. With respect to this class of persons, many rules may be given, but this is the shortest of all, and one which may the most easily be kept in memory, that they are to behave themselves in your Asiatic progresses, as they would if you were travelling along the Appian road,^ and that they are not to think that it makes any difference whether they arrive at Tralles or at Formiee. But if among your slaves there should be any one of exemplary fidelity, let him be employed in your domestic and private affairs ; but as to matters which relate to the duties of your command, or to any of the affairs of the ' The Via Appia, or Appian road, was made by Appius Claudiua Caecus as censor, about 442 a.u.c., from Rome to Capua. At a later yeriod it was continued from Capua to Brundusium. 10 Cicero's letters commonwealth, let him have no concern with any of them : for there are many things which may without impropriety be entrusted to faithful slaves, but which, for the sake of avoid- ing talk and censure, must not be entrusted to them. 18. But this letter of mine, I know not how, has run into a process of laying down precepts, though such was not at first my intention. For why should I give precepts to one, whom, particularly in business of this kind, I know to be not at all inferior in prudence to myself, and in practice even superior? But still if my authority were added to enforce the line of conduct which you were already pursuing, I thought that such line of conduct would be more agreeable to you. Let these then be your foundations for dignity of character ; first of all, your own personal integrity and mode- ration; next, self-respect in all those who are about you; and, also, an extremely cautious and most diligent selection in forming intimacies, both with men of the province, and with Greeks ; and the maintenance of a steady and consistent discipline in yoiir household. 19. As these observances are honourable in our private and daily habits, they must of necessity appear almost divine in so high a command, amid manners so depraved, and in a province which is such a school of corruption. Such a system and such a discipline can maintain that severity in deciding and determining on measures, which you have dis- played in things from which, to my great joy, we experience some enmity; unless perchance you fancy that I am moved by the complaints of I know not what fellow called Paconius, a person who is not even a Greek, but rather a Mysian or Phrygian, or by those of Tuscenius, a raving fellow, foul in his language, out of whose most impure jaws you wrested the prey of his most disgraceful covetousness with consummate justice. YII. 20. These and other regulations, full of strictness, which you have appointed in that province, we could not easily maintain without the most complete integrity. Let there be the most rigorous severity, therefore, in administer- ing the law, provided that it be never varied from favour, but observed with uniformity. But still it is of little benefit that the law be administered with uniformity and care by you yourself, unless the same rule of conduct be also observed TO HIS BROTHER QUINTUS. 11 by those to whom you entrust any share of the same duty. And to me, indeed, there appears to be no great variety of business in the government of Asia, but it seems to be all supported, for the most part, by the exposition of the law; in which, above all other things, the very system of knowledge for the regulation of a province lies. But consistency must be observed, and a dignified gravity, which can resist, not only all influence, but even suspicion. 21. There is to be added likewise affability in listening to othei-^, gentleness in pronouncing one's decisions, and diligence in satisfying people, and in discussing their claims. It was by such qualifications that Cneius Octavius lately became very popular, as it was under him that the lictor first had nothing to do, the sergeant was reduced to silence, and every one who had a suit before him spoke as often and as long as he pleased. In which particulars he might perchance be looked upon as too remiss, if this very remissness had not been the support of that severity. Sylla's men were compelled to make restitution of the things which they had taken away by violence, a,nd through the influence of fear; and those who in their offices had given unjust decisions, had, when reduced to the rank of private individuals, to bow beneath similar law. This severity of his might appear to have been in- tolerable, had it not been softened by many seasonings of humanity. 22, But if this kind of lenity is agi'eeable at Rome, where there is such excessive arrogance, such immoderate liberty, such boundless licentiousness among men; and besides such a number of magistrates, so many sources of help, such great power, such absolute authority belonging to the senate ; how attractive surely may the courtesy of a praetor be in Asia, in which such a multitude of citizens, such a number of allies, so many cities, and so many states, look to the nod of one man ; where there is no help, no power of making complaints, no senate, no assembly of the people! It is therefore the part of a very great man, and of one who is both moderate by natural disposition, and who has also been trained by education, and by the study of the most excellent accomplish- ments, to conduct himself, when invested with so great power, in such a manner that no other authority may be wished for by those over whom he is appointed governor. 12 Cicero's letters VIII. 23. The ^^ Cyrus" of Xenophon is written not iu accordance with the truth of history, -but to exhibit a represen- tation of a just government; in whose character the greatest gravity is united by that philosopher with singular courtesy. These books our own countryman, the illustrious Africanus, was accustomed, not without reason, scarcely ever to lay out of his hand, for in them is omitted no duty belonging to careful and moderate government; and if he, who was never to become a private individual, paid such attention to those precepts, how ought they to be observed by those to whom authority has been given on condition of laying it down again, and given them too by those laws to the observance of which they themselves must again return? 24. To me, indeed, everything seems necessary to be re- ferred, by those who rule others, to this principle, that those who shall be under their government may be as happy as possible; an object which has been established by unvarying fame, and the report of all men, as being of primary import- ance with you, and as having been so from the commence- ment, since you first arrived in Asia. And it is the duty, not only of the man who governs allies and fellow-citizens, but even of him who manages slaves, or dumb animals, to have a regard to the comforts and advantage of those beings over whom he presides. 25, In this respect I find it agreed by all men that the greatest assiduity is exerted by you; that no new debt is contracted by any state, and that many cities have been freed by you from old, great, and heavy debt; that many cities previously in ruins and almost deserted, among which I may mention one, the most eminent city of Ionia, another, the most eminent city of Caria, Samos and Halicarnassus, have been restored by you; that there are no seditions in the towns, no discord; that provision is made by you that the different states shall be regulated by the counsels of the most respectable citizens; that depredations in Mysia are stopped ; that bloodshed has been suppressed in many places ; that peace is established throughout the whole province ; that not only the thefts and robberies on the roads and in the fields, but the more numerous and greater ones in the towns and in the temples, are brought to an end throughout the country; that that most spiteful minister to the avarice of TO HIS BROTHER QUIXTUS. 13 governors, false accusation, has been repelled in its attacks on the fame and fortune and ease of the wealthy; that the ex- penses and tributes levied on the different cities are borne -svith equanimity by all who inhabit the territories of those cities; that access to you is most easy; that your ears are open to the complaints of all men; that no man's poverty or desolateness is excluded by you, not merely from access to you in public and on the tribunal, but even from your house^ and your private chamber; that, in short, throughout your whole government, there is nothing severe, nothing cruel; but that everything is full of clemency, and gentleness, and humanity. IX. 26. Again, how great a benefit is it on your part, that you have delivered Asia from that iniquitous and heavy tax imposed upon it by the sediles,^ though at the expense of great enmity to us. In truth, if one man of noble birth makes a complaint openly that you, by issuing an edict " that money should not be voted for the games at Eome," caused him a loss of two hundred sestertia; how great a sum of money must have been paid, if, as had become the custom, it was exacted in the name of all, whoever they were, that exhibited games at Eome*? Although we checked these com- plaints of our citizens with this desigTi, (which is extolled in Asia, I know not to what extent, and at Eome with no ordi- nary admiration.) inasmuch as when the cities had voted sums of money to erect a temple and monument in our honour, and when they had done so of their own extreme good-will, in return for my great services, and for your excessive kind- nesses, and when the law made an exception in our favour by name, providing that '- it might be permitted to receive money for a temple and a monument;" and that which was then given was not likely to perish, but to remain among the ornaments of the temple, so as to appear to have been given, not more for my sake than that of the Eoman people and the immortal gods ; nevertheless I did not think that even that, in which concurred merit, a special law, and the good-wiU of those who made it, ought to be accepted by me, both for ^ The expense of the games exhibited by the ^ediles had grown to be so enormous that they had established a custom of extorting vast sums from the provinces to meet it. The exact sum mentioned in the text would be 161,4:obl 6s. M. 14 CIGERO'S LETTERS other reasons, and in order that others to whom nothing was due, and in whose favour no permission was given, might bear the matter with more equanimity. 27. Apply yourself, therefore, with all your heart and with all your zeal to the course of conduct which you have hitherto pursued, that you may love, and in every way protect, those whom the senate and people of Eome have committed and entrusted to your good faith and power, and that you may take thought for their being as happy as possible. But if chance ^ had set you over Africans, or Spaniards, or Gauls, savage and barbarous nations, it would still have become-your humanity to consult their advantage, and to show a regard for their comfort and safety. Since, however, we govern that race of mankind, among whom not only humanity itself pre- vails, but from whom it is even thought to have spread to other nations, we certainly ought, in the greatest possible degree, to exhibit it to those from whom we received it. 28. For I shall not now be ashamed to assert this, (espe- cially amidst such a course of life, and after performing such actions, on which no suspicion of indolence or levity can affix itself,) that we have attained those successes which we have achieved, by the aid of those studies and arts which have been handed down to us by the records and discipline of Greece. On those accounts, besides that common good faith which is due to all mankind, we also appear to be in an especial manner the debtors of that race of men, so that we may show a readiness to display in action those principles in which we have been instructed before that very people from which we have learned them. X. 29. And, indeed, that chief of all genius and learning, Plato, thought that republics would then at last become happy, if either learned and wise men began to govern them, or if those who governed them devoted all their attention to learning and wisdom. This union of power and wisdom he assuredly thought would be security to a state; a union which may have at some time fallen to the lot of our whole republic, but which has certainly, at this present time, fallen to that province of yours; so that he might have the chief power in it, by whom, from his childhood, the most ^ The Latin is sors, lot. The different Koman magistrates had their provinces assigned to them by' lot. TO HIS BUOTHER QUINTUS. 15 study aiKl time has been bestowed on acquiring a thorough understanding of yirtue and humanity. 30. Be careful, therefore, that this year which is added to your labour may appear at the same time to have been added for the prosperity of Asia. Since Asia has been more for- tunate in her efforts to detain you than we have been in ours to recal you, take care that our regret may be mitigated by the gladness of the province. For if you have been the most diligent of all men in deserving that such great honours should be paid to you as I know not whether any one has received, you ought to exert far greater diligence in preserving those honours. ' 31. I have, indeed, written to you before w^hat I think of honours of that kind. I have always thought them, if they were common, worthless; if they were appointed for some temporary occasion, trifling: but if, as has been the case now, they were granted to your merits, I thought that much exertion should be used by you to preserve them. Since, therefore, you reside wdth supreme power and authority in those cities in w^hich you see your virtues consecrated and ranked in the number of [those of] the gods, in everything which you shall determine, or decree, or do, you will recol- lect what you owe to such high opinions of mankind, such favourable judgment concerning you, such exalted honours. This resolution will be of such influence, that you wull consult the welfare of all, w^ill remedy the distresses of the people, and provide for their safety, and that you will wish to be both called and thought the father of Asia. XI. 32. No doubt the farmers of the public revenue offer great obstacles to your desires and efforts. But if we oppose them, we shall separate both from ourselves and from the republic an order of men w^hich deserves well of ourselves per- sonally, and which is by our means attached to the republic. Yet, if we comply with their wishes in everything, we shall be allowing those persons to be utterly ruined, not only whose safety, but whose advantage, we are bound to consult. This, if we would form a correct judgment, is the one difficulty which pervades your whole government. For to be disin- terested, to restrain all one's desires, to keep a check upon one's people, to maintain an equitable system of law, to show oneself courteous in inquiring into matters of business, and 16 CICERO'S LETTERS affable in listening and giving access to people, is honourable rather than difficult : for it does not depend on any labour, but rather on a certain inclination and willingness of mind. 33. How great distress the line of conduct adopted by the farmers causes the allies, we have learned from those citizens of our own, who lately, in the matter of the removal of the harbour-dues of Italy, complained not so much of the tax itself, as of certain wrongs committed by the tax-collectors. So that I cannot be ignorant what of happens to the allies in remote districts, when I hear the complaints of my own countrymen in Italy, That you should so conduct yourself, in such circumstances, as both to satisfy the farmers, (espe- cially if they made an unlucky contract for the revenues,) and not to allow the allies to be ruined, appears an achievement worthy of some divine virtue, that is, of your own. And in the first place, that which to the Greeks is a most bitter consideration, namely, that they are liable to pay taxes, ought not to appear so bitter; because, without any inter- ference of the power of the Roman people, while they lived under their own laws, they were themselves, and of them- selves, in the same condition; and they have no right to disdain the name of farmer, as they themselves could not pay the tax which Sylla had, with perfect fairness, levied upon them, without a farmer. And that, in exacting the taxes, the Greek farmers are not more lenient than our own, may be seen from this fact, that a little while ago the Caunians, and all the inhabitants of the islands which had been made over to the Rhodians by Sylla, fled to the senate with entreaties to be allowed to pay tribute to us rather than to the Rhodians. Those, therefore, have no right to express any horror of the name of farmer, who have always been liable to the payment of taxes ; nor ought those who by themselves could not pay the taxes, to disdain him; nor ought those to object to him, who have actually asked for his appointment. 34. Let Asia at the same time recollect, that no calamity of foreign war, or of domestic dissension, would have been absent from her, if she were not held under the dominion of this country. And as that dominion can by no means be upheld without taxes, let her contentedly purchase for herself perpetual peace and tranquillity with a certain portion of her revenues. TO HIS BROTHER QUINTUS. 17 XII. 35, ' And^ if they will endure that class of men, and the name of farmer, with patience, other grievances, through your wisdom and prudence, may possibly appear lighter to them. They may, in making contracts, regard, not the mere Censorian law,^ but rather the convenience of transacting business, and their freedom from trouble. You, too, may do, what you have already done admirably, and what you still are doing, namely, to take frequent occasions to mention how great worth there is in the farmers, and how much we owe to that order ; so that, laying aside authority, and the exertion of power and of the fasces, you may bind the farmers to the Greeks by affection and influence. But you may also beg of those of whom you have deserved extremely well, and who indeed owe everything to you, to allow us, by good-temper on their part, to secure and maintain that connexion which already exists between us and the farmers. 36. But why do I exhort you to this course of conduct, which you can not only pursue of your own accord without directions from any one, but have already to a great extent practised ? For highly honourable and important companies do not cease to address their thanks to us, and this is the more acceptable to me, because the Greeks do the same. And it is difficult to unite in good- will those things which in interests, utility, and almost in their very nature, are dif- ferent from each other. But I have written what is written above, not for the purpose of instructing you, (for your wisdom stands in need of no instructions from any one,) but because, while thus writing, the commemoration of your virtues was a pleasure to me, although I have been more prolix in this letter than I either intended or expected to be. XIII. 37. There is one thing to which I shall not cease to exhort you ; nor will I allow your praises to be spoken, as far as shall be in my power, with any abatement ; for all who come from those regions speak in such a manner of your virtue, integrity, and humanity, as to make, among your great praises, proneness to anger the only exception. This ^ The terms on which the revenues of the provinces were let were fixed by the censors, in the edicts called Leges CensoricE; but these were sometimes modified to raise the credit or popularity of the publicans. In the censorship of Cato, 568 a.u.c, the senate itself interfered to lower the terms which his rigour had sought to impose. — Liv. xxxix. 44. C 18 CICERO's LETTERS fault, even in our private and daily life, appears to be that of an unsteady and weak mind; but nothing is so unseemly as to unite the acerbity of natural ill-temper to supreme power. For this reason I will not now proceed to set before you the observations which are commonly made on passionateness, both because I am unwilling to be too prolix, and because you can easily learn them from the writings of many authors; but that which peculiarly belongs to a letter, I mean that he, to whom it is written, should be informed of matters of which he is ignorant, I think that I ought not to omit. 38. Every one makes us almost the same report, that, when ill-temper does not affect you, nothing can be more agreeable than your behaviour; but that, when any one's dishonesty or perverseness has provoked you, you become so excited that your natural kindness is missed by every one. Since, there- fore, it is not so much any thirst for glory as mere circum- stances and fortune that have brought us into that station of life in which we are, so that the conversation of mankind respecting us will be incessant, let us, as far as we can pos- sibly achieve and succeed, take care that no remarkable vice may be said to have been in us. Nor do I now insist upon that which is perhaps difficult in every disposition, and is certainly so at our time of life, namely, to change the temper, and suddenly to pluck out whatever is deeply implanted in the character; but I give you this admonition, that if you cannot wholly avoid this habit, because your mind is occu- pied by anger before reason can prevent it from being so occupied, you should still prepare yourself beforehand, and meditate every day that you must resist this proneness to anger, and that, when it has the greatest eifect upon your mind, your tongue must then be most carefully restrained ; for this appears to me at times a virtue not inferior to that of never being angry. For the latter is the consequence, not merely of gravity of temper, but sometimes even of dulness; but to restrain your passion and language when you are provoked, or even to be silent, and to keep your agitation of mind and indignation under control, although it be not a proof of perfect wisdom, is certainly an indication of no moderate mental power. 39. In this respect men report that you have already become much more moderate and gentle. No extremely TO HIS BROTHER QUINTUS. 19 violent bursts of passion, no reproaches, no insults, are reported to us ; faults which are not only inconsistent with learning and politeness, but at variance with authority and dignity : for if our anger is implacable, it is extreme rancour ; but if easily appeased, it is extreme levity; which, however, in a choice of evils, is to be preferred to rancour. \ XIY. 40. But since it was your first year that caused the most talk on this subject of censure (I imagine because injustice, and avarice, and insolence in men occurred to you contrary to your anticipation, and on that account appeared intolerable); while the second year was much more quiet, because- habit, and reason, and, as I flatter myself, my letters also, have rendered you more patient and gentle; the third year ought to be so corrected that no one may be able to find even the slightest cause for censure in it. 41. And now, on this topic, I speak to you not with ex- hortation and precepts, but with brotherly entreaty, beseech- ing you to devote all your thought, care, and meditation to securing the praise of all men in all quarters. If our rank in life were in a moderate position for talk and dis- cussion about us, nothing extraordinary, nothing beyond the common conduct of other men, would be required of you: but now, by reason of the splendour and importance of the circumstances in which we are placed, unless we secure the highest possible praise from that province, we seem scarcely in a condition to escape extreme censure. Such is our posi- tion, that while all good men look with favour on us, they at the same time require and expect from us all imaginable diligence and virtue; but all the unprincipled, because we have engaged in everlasting war against them, seem to be contented with the very smallest pretext for censuring us. 42. Since, therefore, a theatre of such a kind, that of all Asia, has been presented for the display of your virtues — a theatre crowded with a numerous body of spectators, most ample in size, with an audience of most cultivated judgment; and so well adapted for sound, that the sense and expressions of the actors reach even to Eome ; strive, I entreat you, and labour, not only to appear worthy of the circumstances in which you are placed, but even superior to them by your own good qualities. XV. 43. And since, among the different offices of the state, c2 20 Cicero's letters chance has assigned to me the domestic administration of the repubhc, but to you a provincial government, if my part is inferior to none, take care that yours may surpass that of others. At the same time reflect that we are not now labouring for a reputation as yet unattained, and only ex- pected; but that we are striving for the preservation of one already earned, which indeed was not so much to be desired previously, as it is now to be maintained by us. And if I could have any interests separate from yours, I should desire for myself nothing more honourable than this position which has been already acquired by me. But such is now the state of affairs, that unless all your actions and expressions in that quarter harmonize with my conduct, I shall think that I have gained nothing by such toils and such dangers on my part, in all of which you were a sharer. But if you alone, above all others, assisted me in obtaining a most honourable fame, you will now assuredly strive beyond all others that I may retain it. You must not regard only the opinions and judgments of men who are now living, but also of those who will live hereafter, though indeed their judgment will be more just, as being free from all detraction and malevolence. 44. Lastly, you ought to remember this too, that you are not seeking glory for yourself alone j though, even were that the case, you would not neglect it, especially when you had desired to consecrate the memory of your name by the most honourable records ; but it is also to be shared with me, and to be handed down to our children. In regard to it, therefore, you must take care lest, if you are too remiss, you should seem, not merely to have managed ill for yourself, but even to have grudged reputation to your relations. XVI. 45. These remarks are not made with this view, that my words may seem to have roused you when asleep, but rather to have given you an impulse while running ; for you will always give all men cause, as you have done, to praise your equity, your moderation, your strictness, and your integrity. But from the singular love which I bear you, an insatiable eagerness for your glory possesses me; although I am of opinion, that when Asia ought now to be as well known to you as his own private house is to every man, and when such great experience is added to your excel- lent natural sense, there is nothing which can contribute to TO HIS BROTHER QUINTUS. 21 glory that you do not thoroughly appreciate, and that does not present itself daily to your mind without exhortation from any one. But I, who, while I read your letters, think that I am listening to you, and while I am writing to you, think that I am conversing with you, am consequently most delighted with your longest letters, and am myself often somewhat prolix in addressing you. 46. In conclusion, I entreat and exhort you, that as good poets and careful actors are accustomed to do, so you, at the end and termination of your office and administration, should be especially careful, that this third year of your command may, like the third act of a play,^ appear to be the most highly-finished and ornate of the whole. This you will do most easily if you shall imagine that I, whom you have always desired to please more than all the rest of the world, am always present with you, and take part in every- thing which you shall say and do. It only remains for me to beg you to take most diligent care of your health, if you wish me and all your friends to be well. Farewell. LETTER IL The following letter was written in the year after Letter I. Caesar had begun his contests with the aristocratic party ; and had brought in an agrarian law substantially the same as that of Rullus : proposing among other enactments, to plant 20,000 colonists in the public domain in Campania ; and the appointment of the commissionera to superintend the distributions of these lands was to be vested in Caesar himself. Cato opposed the bill in the senate, and Csesar ordered his lictors to seize him and carry him to prison, though he was deterred from executing this menace by the indignation of the whole senate. His colleague Eibulus was resolute in his opposition; but when he endeavoured to resist the passing of the measure in the comitia, he was thrown down the steps of the temple ^ Why does Cicero say the third act, which is the middle act of a play ? Does he mean by acts those three parts of a play to which the poets paid so much attention, the protasis, epitasis, and catastrophe, and on the last of which they bestowed the utmost art and industry to secure the applause of the audience ? He has used the same com- parison, in almost the same words, in his Cato. If this explanation satisfy the learned, there is no reason why we should read, as has been proposed, extremus or ultimus, contrary to the old copies. — Males f-ina. Cicero speaks as if Quintus were engaged in a play consisting only of three acts; assigning one year to each act. — Fr. Hotomannus. 22 CICERO's LETTERS of Castor and Pollux, his fasces were broken, and he liimself and some of his attendants wounded. Caesar now released the farmers of the public revenues in Asia from some of the conditions of their contracts, with which they were dissatisfied. (See preceding Letter.) And on the motion of Vatinius, the province of Cisalpine Gaul and Illyricum was assigned to him for five years ; to which Transalpine Gaul was afterwards added, through the influence of Pompey, who married Julia, Csesar's daughter. Clodius was carrying on the mea- sure of his adoption into a plebeian family, and openly threatening Cicero with impeachment. The consuls-elect for the ensuing year, 696 A.U.C., were Aulus Gabinius, and L. Calpurnius Piso, whose daughter Caesar had just married. Marcus to his brother Quixitus, greeting, I. 1. Statius^ arrived at my house on the 25th of October. His arrival, as you had written that you should be torn to pieces by your people while he was away, was a disagreeable one to me. But as it put aside the expectation of yourself, and that concourse of people which would have occurred if he had departed at the same time with you, and had not appeared till you did yourself, it seemed to me to have hap- pened not altogether disadvantageously ; for the talk of men is now exhausted, and expressions of this kind are uttered by many, 'AAA.' aei riva (pcora [xi'yav,'^ which I am glad is accomplished in your absence. 2. But whereas he seems to have been sent by you for the purpose of clearing himself in my opinion, that was not at all necessary: for, in the first place, he never was sus- pected by me; nor, in what I wrote to you about him, did I write on my own judgment : but as the estimation and safety of all of us who have joined in the affairs of the common- wealth depended not only on truth, but also on reputation, I ^ A freedman of Quintus Cicero, and one who had had far too much influence over him. ^ The lines in Homer, Od. ix. 513, are — 'AA.A.' aei riva while I am writing. I shall attempt some other things/ toOj since I cannot remain idle. 2. I will attend carefully to your injunctions, both as to conciliating same men, and avoiding to alienate others. But it will be my xhief object to see your Cicero, and mine, I mean, every day; but I will examine as often as I can, what he is learning; and, unless he is above it, I will even offer myself as his teacher; an employment in which I have obtained some practice in my leisure during these few days, by training my own Cicero the younger. 3. You, (as you write me word you will, and as I should be quite certain of your doing most carefully, even if you did not write;) you, I say, will take care to digest my instructions ; follow them up, and fulfil them. When I come to Rome I will never let one single courier of Caesar's go without giving him a letter for you ; but while I have been here (you will excuse my silence), there has been no one to whom I could give one before this Marcus Orfius, a Eoman knight, attached to me, both as being exceedingly intimate with me, and as being from the municipality of Atella, which you know is faithful to me. I therefore recommend him to you in an extraordinary degree, as being a man of a high consideration at home, and of great influence away from home. Take care to bind him to yourself by your libe- rality. He is a military tribune in our army. You will find him a man of a very grateful disposition, and eager to be of service to you. I press upon you earnestly to be very civil to Trebatius. Farewell. LETTER XY. A. Marcus Cicero to his brother Quintus, greeting. 1. On the 2d of June, the day on which I arrived at Eome, I received your letter dated from Placentia ; and then, the next day, I received a second dated at Blandeus,^ with a letter from Csesar, full of expressions of respect, zeal to serve me, and courtesy. These are things of great, or rather of the very greatest consequence ; for they contribute very 1 There is some error in the text here. TO HIS BROTHER QUINTU^^. 61 greatly to our reputation and high dignity. But, believe me, whom you know well, that what I value most in all these matters I have already secured; namely, that, in the first place, I see you contributing so much to our common dig- nity; secondly, the extraordinary liking of Julius Csesar for me, a man whom I prefer to all the honours which he wishes me to expect from him. His letter wa.s dated at the same time with your own ; the beginning of it is, how acceptable your arrival was to him, and his recollection of our old friendship ; then assuring me that he would take care that in the midst of my sorrow and regret for your absence, while you are away, I should be pleased, above all, that you were with him. The letter delighted me amazingly. 2. You, therefore, act in a most brotherly spirit when you exhort me. though in truth I am running of my own accord the same way, to devote all my energies to his single service; and perhaps by my eager zeal I shall do what often happens to travellers when they are in haste, that if by chance they have got up later than they intended, they still, by making haste, arrive where they wish earlier than they would have done if they had lain awake a great part of the night ; and so now I, since I have been asleep a long time as to paying attention to that man, though you in truth have often tried to wake me, shall now by my speed make amends for my slowness, both on horseback, and (since you write me word that my poem is approved by him) in the coach and four of poetry; only give me Britain to paint with your colours and my pencil. But of what am I thinking? what spare time presents itself to me, particularly while I remain at Eome, as he begs me to do ? However, I will see. For perhaps, as is often the case, my affection for you will over- come every difficulty. He thanks me with a good deal of humour, and with great civility too, for having sent him Trebatius; for he says that in all that number of persons who were with him, there was not one who could draw a bail-bond. I asked him for the tribuneship for Marcus Curtius, (for Domitius would have thought that he was being turned into ridicule if he had been solicited by me, since it is a daily saying of his, that he cannot make even a tribune of the soldiers; and even in the senate he rallied Appius his colleague, saying that he had gone to Csesar, with the view of 62 CICERO'S LETTEES getting «ome tribuneship or other,) but only for the year after next. And that was what Curtius wished too. 3. Know that, as y ou think it behoves you to be, in regard to public affairs and our private enmities, so I myself both am, and shall be, of a very gentle and moderate demeanour. 4. Affairs at E-ome were in this state. There was some expectation of the 'sbmitia, but a doubtful one: there was some suspicion of a dictatorship, but not even that was certain. There is a, perfect cessation of all business in the courts of law, but more as if the state was growing indolent from age than from real tranquillity. Our own opinion deli- vered in the senate was of such a kind that others agreed with it more than we did ourselves. Such are the evils of disastrous war.^ LETTER XY. B. Marcus Cicero to his brother Quintus, greeting, 1. What is to be done shall be done with a pen, and the finest ink, and glazed paper : for you say that you have hardly been able to read my last letters, for which, however, my brother, there were none of the reasons which you fancy; for I was neither busy, nor had I been worried or angry with any one; but I always make it a practice, whatever pen comes first to hand, to use it as if it were a good one. 2. But listen now, my most excellent and kind brother, while I answer the things which you wrote in this same short letter of yours in a very business-like manner. As to what you ask, that I should write to you without concealing any- thing, or dissembling anything, or saying anything merely for the sake of pleasing you, but frankly and as a brother, that is, whether you should hasten, as we said, or, if there should be sufficient reason, delay, for the purpose of setting yourself clear, — if, my dear Quintus, it were any unimportant matter on which you were asking me my wishes, still after having left it to yourself to do what you thought best, I should point out what I wished myself But in the present ^ Toiavff 6 rXrifjLav Trc'Ae/^os i^epydC^rai. A Hne from the SuppUcea of Euripides. TO HIS BROTHER QUI^'TUS. 63 state of affairs, you ask me plainly what sort of year I expect the ensuing one to be ; certainly one of tranquillity for me, or at least one of very great security, as the state of my own house, and my reception in the forum, and the way in which I am gTceted at the theatre, indicate every day. And^ * * -st no man is unwilling to see * * * that I am in favour with both Caesar and Pompey — these things give me confidence. If any rage from that senseless man > breaks out, everything is prepared for putting him down. 3. These are my real sentiments and opinions, and I write them to you in all plainness. And I beg of you not to feel a doubt, speaking not like a flatterer, but as a brother; so that, for the sake of your enjoying the pleasant condition in which I find myself, I should wish you to come at the time which you have mentioned. But still I should prefer beyond, that the events which you expect * * * * And I attach great consequence to your abundance, and to the expectations of your obligations being acquitted. Of this you may be assured, that if we succeed, nothing can be more fortunate than we shall be when freed from all annoyance. There is not much which is wanting to make us happy after our own fashion; and that is very easy to be procured, provided I keep my health. 4. An amazing degree of corruption prevails again; never was it so great. In the middle of July, interest was double what it had been, from the coalition into which Memmius entered with Domitius for the sake of beating Scaurus. Messala has a bad chance ; ^ I do not exaggerate, when 1 say ^ There is something lost here, which makes this sentence unintel- hgible ; and it is probable that there is a little corruption in the former part of the letter, and a few sentences later. 2 Clodins. ^ The candidates for the consulship in the next year, 701 a.u.c, were Memmius, Domitius Calvinus, JSmilius Scaurus, and Valerius Messala. Memmius and Domitius had won over the existing consuls by a promise of procuring them whatever provinces they chose ; but at last Pompey persuaded Memmius to break with Domitius, and join the triumvirs. The senate instituted an inquiry. The year 700 passed without any election of consuls for the ensuing year. Interest rose to 8 per cent, a-month ; and the year 701 opened with an interregnum, and it was not till half the year had elapsed, that Cnaeus Domitius Calvinus, and Messala, were elected consuls for the remainder of the year. 64 ClCERO's LETTERS that the prerogative century will get above eighty thousand pounds for its vote. The business is extremely unpopular ; the candidates for the tribuneship have come to an agree- ment^ that every one of them shall place above four thousand pounds a-piece in Cato's hands, as a pledge to conduct their canvass as he approves ; and those who forfeit their pledge are to forfeit the money. And if the comitia for their election is really unbribed, as i^ expected, Cato alone will have had more influence than all^the laws and all the judges. LETTER XYI. Marcus Cicero to his brother Quintus, greeting, 1. When you have received a letter from me written in the hand of my secretary, you must consider that I had not even a little leisure ; when it is written in my own hand, that I had a little. For you must understand, that I was never more distracted by causes and trials, and that too at a most unhealthy time of the year, and when the heat is greatest. But this, since that is your advice, must be borne; nor must I give cause for appearing to have been wanting, either to your hopes or opinion; especially when, although that is somewhat more difficult, I am still likely to gain great influence and great dignity from these exertions; therefore, as you wish, I take great pains to oflend no one, and even to be loved by those very men who are sorry to see me so united with Csesar, and also to be earnestly caressed and loved by all impartial persons, and even by those who are inclined to favour the other side. 2. While there was a most violent discussion in the senate for many days on the subject of corruption, because the con- sular candidates had gone such lengths that it could not be endured any longer, I was not present in the senate. I de- termined not to come forward to offer any remedy for the evils of the commonwealth without strong protection. 3. The day that I wrote this, Drusus had been acquitted of prevarication^ by the tribunes of the treasury, by foui ' Prevarication was the betrayal of his chent's cause by an advocate wno had undertaken it. TO HIS BROTHTilR QUINTUS. 65 votes in all, after the senators and knights had condemned him. The same day, in the afternoon, I appeared in court to defend Yatinius; that was not a difficult task. The comitia are postponed till the month of September. The trial of Scaurus will be brought on immediately, and we shall not be wanting in our exertions on his behalf. I by no means approved of the Messmates of Sophocles, although I see that the piece was very neatly acted by you. 4. Now I come to that, which perhaps ought to have made the first part of my letter. how delightful to me are your letters from Britain. I was afraid of the ocean : I was afraid of the shore of the island. I do not indeed despise the obstacles which may yet remain, but they present more ground for hope than for fear, and I am anxious more because of the eagerness of my expectation than from any alarm. And I see that you have an admirable subject for writing about. What a situation you have to describe, what natural cha- racteristics of circumstances and places, what customs of the people, what nations and battles, and even what a commander ! I will with all my heart help you, as you ask, in whatever you wish; and will send you the verses for which you ask, like an owl to Athens. 5. But ah ! I see that I am kept in the dark by you ; for how, my dear brother, did Csesar express himself about mj verses ? for he wrote me word before, that he had read my first book, and praised the beginning so much that he says he has not read anything better even in Greek. What came after, he thought, was in some places a little paOvfjiorepa (more careless), this is the very word that he uses. Tell me the truth, is it the matter, or the style that does not please him ? There is no reason why you should fear to tell me the truth, for I shall not be an atom the less satisfied with myseif. Write to me on this subject with frankness, and, as jou always do, with brotherly afiection. 66 CIOERO'S LETTERS BOOK III. LETTER I. Marcus Cicero to his brother Quintus, greeting. 1. 1. After the great heat, (for T do not recollect ever having felt greater^) I refreshed myself in the neighbourhood of Arpinum, with the extreme agreeableness of the river, during the days of the games, ^ having recommended the men of my tribe to Philotimus. I was at Arcanum on the 10th of September : there I found Messidius and Philoxenus, and the water which they had contracted to bring near the villa flowing pleasantly enough, especially considering the great general drought ; and they said that they would collect it in somewhat larger quantities. Everything was going on well with Herus.2 At your Manlian farm T found Diphilus slower than Diphilus; yet nothing remained for him to do, except the bath-rooms, the colonnade to walk under, and the aviary. The villa pleased me exceedingly, because the paved portico had an appearance of great dignity, which was now for the first time visible to me, since it is completely uncovered, and the columns are polished. Everything now depends on the ceiling being elegant, which shall be an object of attention to me. The pavements appeared to me to be done correctly; some of the rooms I did not quite like, and ordered them to be altered. 2. Where they say that you have written orders for a small hall to be made in the colonnade, the place pleased me better as it is; for there did not seem to be room enough even for a little hall, nor is one usually made, except in houses in which there is a larger hall; nor could it have any bed- chambers attached to it, or apartments of that kind. But now, even from the mere beauty of the vaulted roof, it will get the character of an excellent summer retreat.^ However, 1 The Koman games took place in September. ^ The bailiff. ^ Manutius thinks this quite corrupt and unintelHgible. TO HIS BROTHER QUINTUS. 67 if you are of a different opinion, write again at the first opportunity. In the bath-rooms I have moved forward the stoves into the other comer of the dressing-room ; because they were before placed in such a manner, that their chimney, from which the heat comes, was situated under the bed- chambers. But I greatly approved of having a tolerably large bed-chamber and a lofty winter-room, because they were of a good size, and admirably situated on one side of the covered walk, — on that side, I mean, which is next to the bath-rooms. Diphilus had not put the pillars upright, nor opposite to one another ; he will accordingly pull them down again. Some day or other he will learn how to use a perpen- dicular and a line. Altogether, I hope that Diphilus's work will be finished in a few months, for Csesius, who was with me on that occasion, gives most diligent attention to it. IL 3. From that place we went straight along the Yitu- larian road to your Fufidian farm, which, according to the last communication, I had bought of Fufidius at Arpinum, for a little more than eight thousand pounds. I never saw a place more shady in the summer, with water flowing through the land in many places, and in great abundance. What would you have ? Caesius thought that you would easily be able to irrigate fifty acres of meadow-land. This, at all events, which I understand better, I can affirm positively, that you will have a villa of exceeding pleasantness, with a fish-pond, and springs of water besides, and a palsestra, and a green wood. I hear that you wish to retain this farm near Bovillse ; what you may choose to do about it, you will decide yourself. Calvus said that though the water was excepted, and the right over that water reserved, and though a service^ lay upon the farm, still we could keep up the price if we chose to sell it. I had Messidius with me : he said that he had agreed with you at three sestertii'^ a foot ; and observed that he himself had measured the distance, by steps, making fourteen hundred paces. To me it appeared more; but I will under- take to say, that the money could nowhere be more advan- tageously spent. I had sent for Chilo from Yenafrum j but Service, servitus, on a piece of land, when there was a right of way through it, of carrying water through it, of taking water from it, feeding cattle on it, &c. - ^ The sestertius was equal to 1 penny 3f farthings. f2 (jS Cicero's letters that very day a subterraneous passage atVenafrum had crushed four of his fellow-workmen and apprentices. 4. On the 13th of September I was at Laterinm. I saw the road, which pleased me so much, that I thought it was a public work, with the exception of a hundred and fifty paces ; for I measured it from the little bridge, which is close to the temple of Farina on the side of Satricum. At that spot, dust has been thrown in and not gravel ; but that shall be altered; and that part of the road is very steep; but I was told that it could not have been carried in any other direction, especially as you did not wish to have it go through the farm of Locusta, or through that of Yarro. Varro had almost com- pleted the roads through his estate before. Locusta had not touched his; but I shall call upon him at Rome, and, as I expect, shall move him ; and at the same time I will ask Marcus Taurus, who is now at Rome, and who, I hear, gave you a promise on the subject, about carrying the water through his farm. 5. I conceived a good opinion of Nicephorus, your bailiff, and I asked him, whether you had given him any charge about that little building at Laterium of which you spoke to me. And then he told me, in reply, that he himself had contracted for that work for about a hundred and thirty pounds; but that afterwards you had added a good deal to the work to be done, but nothing to the money to be paid for it ; and that, therefore, he had given up the contract. I am in truth exceedingly well-pleased that you should add those things as you determined ; although the villa which at present exists, seems to be something like philosophy re- proving the insanity visible in other villas : however, that addition will give great pleasure. I praised, too, your ornamental gardener ; he clothes every- thing so with ivy, not only the foundations of the villa, but the spaces between the pillars of the covered walk. So that those figures in the Greek dresses appear to be cutting the trees into shape, and to be selling the ivy. As for the dressing- room, nothing can be more cool and mossy. 6. You have now heard nearly all that 1 have to say about country affairs. He and Philotimus and Cincius are press- ing forward the polishing of your town-house; but I myself also frequently go to look at it, as is easy to be done ; and I TO HIS BKOTHER QUINTUS. 69 therefore hope you will feel relieved from that cause of anxiety. III. 7. As to what you are always asking me about Cicero, I pardon you, indeed ; but I also wish you to pardon me. For I will not allow you to love him more than I do myself; and I wish that he had been with me during those days in the country near Arpinum, as he himself had desired, and I no less. As to Pomponia, if it seems good to you, I wish you would send an order, that when we go anywhere she is to go with us, and take the boy. I shall raise a perfect uproar if I can have him with me without his having any- thing to do j for at Eome he has no breathing room. You know that I promised you that before gratuitously : what do you think now that so great a bribe is offered me from you ? 8. I now come to your letters ; of which I received several while I was in the neighbourhood of Arpinum ; for three were delivered to me on one day, and indeed, as they seemed, all written by you at one time. One was at great length, in which the first statement was, that an earlier day was men- tioned in your letter than in that of Csesar. Oppius some- times does that from necessity ; because, after he has arranged to send off the couriers, and has received a letter from us, he is hindered by some new business ; and of necessity sends it off later than he had intended to do ; nor do we, when the letter is once dated, care about the date being altered. 9. You mention Caesar's exceeding regard for us : you will do your best to cherish this ; we too will increase it by all the means in our power. With regard to Pompey, I do with all diligence, and will continue to do, what you advise. That my permission for you to remain longer is acceptable to you, though to my own great sorrow and regret, I am yet partly glad. What your object is in sending for horsebreakers and others I have no notion ; there is not one of that sort of people who will not expect a present from you equal to a suburban farm. And as for your mixing up my friend Trebatius with that fellow, for that you have no foundation. I sent him to Caesar, because he had previously satisfied me ; if he does not please him equally, I am not bound to anything, and I acquit and release you also of any charge in respect of him. With regard to your statement, that you are every day more and in ore esteemed bv Caesar, I am rejoiced beyond all expression. 70 Cicero's letters I am also very much attached to Balbus, who is, as you write, an active assistant in that business; I am very glad too that my friend Trebonius is beloved by you, and you by him. 10. As to what you write about the tribuneship, I asked it for Curtius by name ; and Csesar wrote me back word that it was secured for Curtius, also mentioning him by name ; and he reproached me for my shamefacedness in asking. If I ever ask for any one again, (as I told Oppius too, that he might write to him,) I shall easily allow a refusal to be given me, since those who are troublesome to me^ do not easily allow refusals to be given them from me. I love Curtius, (as I told the man himself,) on account not only of your asking, but of your testimony in his favom*, — because from your letters I easily perceived his zeal for our safety. With respect to the affairs of Britain, I learned from your letters that there was no reason either why we should fear, or why we should rejoice. With respect to public affairs, on which you wish Tiro to write to you, I was already writing to you rather carelessly myself ; because I knew that everything, as well of the smallest as of the greatest importance, was sent to Caesar. lY. 11. I have now completed my answer to your longest letter: hear now as to your little one; in which the first remark is, about Clodius's letter to Caesar, in which affair I approve of Caesar's conduct, in not granting you leave, though you asked it in the most affectionate manner, to write a single word of answer to that Fury. The next observation is about the speech of Marius Calventius. I marvel at your saying that you think I should write a reply to it, especially as no one is likely to read it if I write nothing in reply, while all the children will learn my answer to him by heart as a lesson. I have begun those books of mine which you are looking for, but am unable to finish them at the present time. I have completed the required speeches for Scaurus and for Plancius. The poem to Caesar, which I had composed, I have destroyed.^ What you ask, I will write for you, since the springs them- selves are now thirsty, if I have any room. ^ Noble considers that the text is here incorrect or defective. 2 Incidi. Ernesti interprets this verb by conscindere ; and Schiller agrees with him in giving it the sense of "cutting to pieces," or " annulling." TO HIS BROTHER QUINTUS. 71 12. I now come to the third letter. As to what you say, that Balbus is soon coming to Eome with a number of com- panions, and that he will be constantly with me till the middle of May ; that will be very pleasant and delightful to me. As to the exhortations which you give m«, in the same letter, as oftentimes before, to ambition and to diligence, I will observe them; but when am I to enjoy life ? 13. A fourth letter was delivered to me on the 13th of September, which you had dated from Britain on the 10th of August. In it there was no news, except about the Erigona ; which if I receive from Oppius, I will write you word what I think of it; and I have no doubt that it will give me pleasure. And (a matter w^hich I have passed over) with respect to the person who, you say, wrote to Caesar about the applause which Milo received, I readily allow Csesar to imagine that the applause was very great ; and, in fact, so it was; and yet the applause which is given to him appears in some degree to be given to us. 14. A very old letter from you has also been brought me, but brought rather late, in which you give me instructions about the temple of Tellus, and the portico of Catulus. Both works are going on with all speed ; at the temple of Tellus, in- deed, I have also placed your statue. Also, as to the wishes that you express about the gardens, I never was very desirous of such things ; and my house now makes up to me for the want of the luxury of a garden. When I came to Rome, on the 19th of September, I found the roof of your house completed, which, above the chambers, you had decided should not have any great number of gables ; but it slopes down in anything but a neat manner to the roof of the colonnade below. While I have been absent, my Cicero has not ceased from his attendance on the rhetorician : you have no reason to be anxious about his attainments, since you know his natural abilities ; and his studious disposition I see myself. All his other interests I look to, as if I thought that I were going surety for them. V. 15. As yet, three parties are prosecuting Gabinius : Lucius Lentulus, the son of the flamen, who has already lodged an accusation of treason^ against him ; Tiberius Nero, with his well-disposed backers; and Caius Memmius, the tribune of ^ Majestas. See note, p. 74. 72 CICERO 'S LETTERS 1 i the people, with Lucius Capito. He arrived in the city on the 20th of September; no entrance was ever more mean or more sohtary. But I do not dare to place any confidence in these trials. Because Cato was indisposed^ he has not as yet been prosecuted for peculation. Pompey labours very hard to reconcile me to him ; but he has not succeeded as yet, and, if I retain any portion of my liberty, he shall not succeed. I am extremely anxious for a letter from you. 16. As to what you write me word that you have heard, namely, that I interfered in the coalition of the candidates for the consulship, it is not true ; for agreements were made in that coalition of such a character (which Memmius subse- quently exposed) that no respectable person ought to have been concerned in them : and, besides, it was not a proceed- ing for me, to have anything to do with a coalition from which Messala was excluded, — a man with whom I agree perfectly in all points; and, in my opinion, also with Memmius. I have already done many things for Domitius, which he wished, and which he requested of me ; and I have laid Scaurus under great obligations to me by defending him. As yet it has been uncertain, both when the comitia would take place, and who were to be the new consuls. 17. When I was just folding up this letter, a courier arrived from you on the 21st of September, having made the journey in twenty days. how anxious I am ! How much I have grieved over that most kind letter from Csesar; bat the more kind it was, the greater grief did that misfortune of his cause me.^ But I come to your own letter. In the first place, I approve above all things of your intention of remaining, especially since, as you write me word, you have consulted Csesar on the subject. I wonder that Oppius should have said anything to Publius, for I did not like the man. 18. As to what you write in your enclosure, that I should be appointed one of Pompey's lieutenants in the middle of September, I have not heard it; and I have written to Caesar, that Yibullius brought directions from Csesar about my stay to Pompey, but not to Oppius. With what object ? Although I detained Oppius, because the right of speaking ^ It seems probable that this refers to a storm mentioned in the fourth book of his account of the Gallic war, in which he lost a great number of ships. His daughter Julia, too, died nearly about this time. TO HIS BROTHER QUINTUS. 73 firat to Pompey belonged to Yibullius ; for Csesar had talked the matter over in an interview with him ; to Oppius he had written. However, I can have no second thoughts in Csesar's afiairs. He is next to you and to our children in my heart ; so near, indeed, that he is almost equal to them. I seem to myself to feel thus from judgment ; for indeed I ought ; but still I am warmed with love for him. YI. 19. When I had written these last lines, which are in my own hand, your Cicero came in to us to supper, as Pom- ponia was supping out. He gave me your letter to read, which he had received a short time before; a letter written in the Aristophanic spirit, being in truth both pleasant and sensible; and I was greatly pleased with it. He also gave me that other letter of yours, in which you enjoin him to attach himself as much to me as to his tutor. How those letters delighted him! how they gratified me! Nothing can be more engaging than that boy, — no one can be more attached to me. These lines I dictated to Tiro while at supper, that you may not be surprised at their being in a different hand. 20. Your letters were very acceptable also to Annalis, as they showed that you were very anxious about him, and, at the same time, assisted him with most serious advice. Publius Servilius the father, from the letters which he says have been sent him from Caesar, intimates that you have done what was very acceptable to him, in having spoken with great courtesy and great earnestness of his attachment to Csesar. 21. When I had returned to Rome from the neighbour- hood of Arpinum, I was told that a horsebreaker had set out to go to you. I cannot say that I was astonished at his having acted so like a barbarian as to go without any letter from me to you; 1 merely say that it was vexatious to me, — for I had been thinking of it for a long time, — in consequence of what you wrote to me, that if there should be anything which I should wish to be conveyed to you with extra- ordinary care, I was to give it to him; because, in truth, in these letters which I usually send to you, I generally write nothing which would cause me any annoyance if it fell into other hands. I used to keep myself for Minucius, and Salvius^ and Labeo. Labeo will either go at a late period^ or 74 Cicero's letters will remain here. The horsebreaker did not even ask if I wished to send anything. 22. Titus Pinarius sends very kindly-expressed letters about you to me ; saying that he is beyond all measure delighted with your letters, conversation, and, besides, with your sup- pers. That man has always pleased me, and his brother is a great deal with me. Do you, therefore, as you have begun to do, cherish that young man. VII. 23. As I have had this letter under my hands several days, owing to the delay of the couriers, many different things have consequently been thrown into it, one thing at one time, and another at another ; as for instance this : Titus Anicius has already often said to me, that he should not hesitate to purchase a suburban villa for you, if he could meet with one. In regard to this remark of his, I cannot but wonder at two things : that though you write to him about buying you a suburban villa, you not only do not write to me about it, but even write to quite the contrary effect: and also, that when you are writing to him, you recollect nothing about him, nothing about those letters of his which you showed me when you were at Tusculum, and nothing about the precepts of Epicharmus, " Take notice how he treats any one else." You forget, in short, the man's whole countenance, and language, and disposition; and, as I conjecture, just as if — ^ but to these things you must look yourself. 24. Take care that I may know what you really wish about this suburban villa, and take care at the same time that he does not cause any trouble. What more have I to say? What] Oh, this : Gabinius, on the 28th of September, entered the city by night; and to-day, at the eighth hour, when, according to the edict of Caius Alfius, he ought to have appeared to the accusation of majesty,^ he was almost over- whelmed by the concourse and by the detestation of the whole people. Nothing ever was more contemptible than his ap- pearance. Piso, however, comes very near to him; I am therefore thinking of introducing a marvellous episode in the * Orellius says that this is not an aposiopesiSf but that some Greek word or phrase is lost. 2 Majesty was nearly equivalent to treason. It was a general term for any offence committed against the Roman people, or its security. TO HIS BROTHER QUINTUS. 75 second of my books : Apollo in the council of the gods pre- dicting what sort of return that of the two generals will be, of whom one has lost his army, and the other has sold it. 25, Caesar wrote me a letter from Britain on the 1st of September, which I received on the 28th, giving a satis- factory account of the affairs of Britain; in it, that I may not be surprised at receiving no letter from you, he says that he had been without your company, as he had gone to the coast. I have not sent him any answer to that letter, not even to congratulate him, because of his private mourning. Again and again, my dear brother, I beg you to take care of your health. LETTER II. Maixus Cicero to his hr other QuintuSy greeting. 1. On the 10th of October, Salvius went by sea to Ostia, late in the evening, with the things which you wished to have sent to you from home. On the same day, Memmius had given Gabinius a warming before the people with so lucid an accusation, that Calidius was unable to utter a single word on his behalf. But the day after, which was coming on as I was writing this before dawn, a great argument was to be held at Gate's between Memmius and Tiberius Nero, and Gaius Antonius and Lucius Antonius, the sons of Marcus, as to who should manage the prosecution against Gabinius. We thought that it would be allotted to Memmius, although there was an extraordinary struggle on the part of Nero. What would you have? The matter is well pressed forward, did not our friend Pompey, in spite of both gods and men, upset the business. 2. Understand now the boldness of the man, and that some- thing still amuses us in so distressed a condition of public affairs. After Gabinius, wherever he went, had said that he was demanding a triumph, and after this good general had suddenly entered the city by night, (as if, evidently, it had been the city of an enemy,) he did not venture to present himself before the senate. In the meantime, on the tenth day after his arrival, on which he ought to have given in his report of the numbers of the enemies and of our troops, he sneaked 7^' CICERO'S LETTERS into the senate-house with a very small following. When he was about to depart, he was detained by the consuls. The farmers of the revenues were introduced. The man, being attacked on all sides, and being wounded by me most of all, could bear it no longer, and with a trembling voice called me an exile. On this, (0 ye gods ! nothing more honourable ever happened to me,) the whole senate to a man rose in an uproar against him, so that they came close to him ; while the farmers of the revenue started up with a similar noise and rush. What more do you ask"? All of them behaved as if you yourself had been there. Nothing can be more complimentary than the language of men out-of-doors. I, however, restrain myself from accusing him, with difficulty indeed, but I do restrain myself, not only because I do not wish to oppose Pompey, (the business which presses me about Milo is quite enough,) but because we have no judges whom we can trust. I dread a failure. I may take also into con- sideration the malevolence of men, and I am afraid that if I were to accuse him, something might happen to him; nor do I despair that the matter may be accomplished without me, though in some degree by my means. 3. All who are candidates for the consulship are impeached on the charge of bribery. Domitius by Memmius, Memmius by Quintus Curtius, a good and accomplished young man; Messala by Quintus Pompey, Scaurus by Triarius. It is a great measure in agitation, because the ruin either of the men, or of the laws, is threatened. Some efforts are made, that no trials may take place. The affair appears to point to an interregnum. The consuls wish to hold the comitia; the impeached parties are against it, and Memmius above all, because on the arrival of Caesar he hopes to become consul. But he has an extraordinarily bad chance. Domitius and Messala appeared sure of success ; Scaurus had lost heart. Appius asserts, that if it were not for a lex curiata, he should succeed our friend Lentulus, who on that day showed won- derful vigour against Gabinius, (a thing which I had almost forgotten to mention;) he accused him of treason; names of witnesses were given in ; while Gabinius did not say a word. You now know the affairs of the forum. At home things go on well, and the house itself is proceeding with great rapidity under the hands of the contractors. TO HIS BHOTHER QUINTUS. 77 LETTER III. Marcus Cicero to his brother Quintus, greeting, 1. The hand of my secretary may be a sign to you how busy I am. Be assured that there does not a day pass in which I do not speak on behalf of some accused person. Thus, whatever I compose or meditate, I generally throw into the time of my walk. In this state is my public business : our domestic affairs go on as I wish. The boys are well ; they learn with great diligence ; they are taught with great pains; they love us, and love one another. The polishing of both our houses is going on; while your rural matters at Arcanum and Laterium are advancing to completion.^ Besides, in one of my letters, I omitted nothing to give you a clear account about the water, and the road. But this subject of anxiety disturbs and annoys me, that for the space of now more than fifty days, not only no letter has come from you, none from C^sar, none from that country, but not even a single report ; and that sea, and that country, keep me now in a state of anxiety. Nor do I cease (as is the case with persons in love) to imagine the things which I least wish. I do not therefore now ask you to write to me about yourself and about affairs in that quarter, (for I know that you never omit to do so when you have an oppor- tunity,) but I wish you to know, that I scarcely ever longed for anything so much, as, when I wrote this, I did for a letter from you. 2. Hear now what is going on in the republic. Day after day appointed for the comitia is constantly cancelled by notices of ill omens, to the great joy of the well-affected citizens, in such unpopularity are the consuls on account of the suspicion of their having bargained for bribes from the candidates. There are four candidates for the consulship ; all are prosecuted ; the causes are difficult ones ; but still we will exert ourselves that Messala may come off safe; a result which is even connected with the safety of the rest. Publius Sylla has impeached Gabinius of bribery, his stepson Mem- mius supporting the accusation, as well as his brother Caecilius, ^ A corrupt passage, says Orellius. There are various readings, but Done satisfactory. 7 5 CICERO S LETTERS and his son Sylla. Lucius Torquatus made objections, but failed in his purpose, to the great joy of all men. 3. Do you ask, what is to become of Gabinius? We shall know in three days about the impeachment for treason ; on which charge he is weighed down by the detestation of all classes; and is especially damaged by the evidence. He has very cool accusers; the bench is of a varied character; the chief judge, Alfius, is a man of high and resolute temper. Pompey is earnest in canvassing the judges; how it will end I know not; but I see no room for him in the city. I have a moderate wish for his downfal, but the faintest possible as to the result of the whole proceedings. 4. You have now an account of almost everything. I will add this one particular : your Cicero and mine is now apply- ing himself with great diligence to the instructions of Pseonius, a rhetorician, a man, in my opinion, well accomplished, and of excellent character; but you know well enough that my own style of education is a little more learned and philo- sophical. Though, therefore, I do not wish Cicero's progress, and that course of instruction, to be impeded ; and the boy himself seems to be greatly charmed and delighted with the exercise in declamation ; (and as I was myself also practised in it, I would allow him to go on in my steps, for I feel sure that he will arrive at the same end,) but still, if I take him anywhere into the country with me, I shall lead him into my own method and practice. For a great reward is offered me from you, which certainly I shall not fail to gain through my own fault. In what parts you are going to winter, and with what expectations, I should wish you to write me word with all possible minuteness. Farewell. LETTER IV. Marcus Cicero to his brother Quintus, greeting. 1. Gabinius has been acquitted. Altogether, nothing could be more childish than Lentulus, his accuser, and his fellow- prosecutors, nothing more corrupt than the bench ; but still, if the exertion and entreaties of Pompey had not been extra- ordinary, and if the report of a coming dictatorship had not TO HIS BROTHER QU1>;TUS. 79 been full of alarm, he would not have made any reply even to Lentulus ; and yet with him for his accuser, and with that bench for his judges, he had thirty-two votes against him, seventy persons voting. Certainly, this trial is of so severe a character, that he seems likely to be convicted on the other accusations, and especially on that of peculation ; but you see that there is really no republic at all, no senate, no judges, no dignity in any one of us. Why should I say more about the judges ? Two men of prae- torian rank were on the bench ; Domitius Calvinus ; he voted openly for his acquittal, so that all might see it; and Cato;^ he, after the votes had been counted, withdrew himself from the circle, and was the first to announce the result to Pompey. 2. Some say, and Sallust among them, that I ought to have been the accuser. Should I trust myself to such judges ? What would have been thought of me if he had escaped while I had pleaded against him ? But other considerations influenced me. Pompey would have thought that he had a dispute with me, not about the safety of Gabinius, but his own dignity. He would have entered the city. The matter would have come to a regular quarrel ; I should have seemed like Pacideianus when matched with ^serninus the Samnite; perhaps he would have bitten off my ear. He would at least have been reconciled to Clodius. With my own conduct certainly, I am thoroughly satisfied, particularly if you do not disapprove of it. He, after he had been honoured by me with eminent exertions on my part, and though I owed him nothing, and he owed everything to me, was still unable to bear my differing in opinion with him about the affairs of the commonwealth, (I will not use a harsher expression ;) and even at the period when he was less powerful, he showed how much he could do against me when I was at the height of my reputation. Isow, when I myself am not even anxious to acquire any great influence, when the republic itself has cer- tainly no power at all, and when he has power over everything, could I possibly contend with him '? For so I must have done. I do not believe that you think that I ought tq have undertaken such a task. 3. [You should,] Sallust still argues, [have done] one of ^ What Cat©, is Tincertain ; but it was not, as Paul Manutius observes, the Cato afterwards called Uticensis. 80 Cicero's letters two things ; [if you did not accuse him,] you should have defended him, and have granted that to the entreaty of Pompey : for indeed he did entreat very earnestly. A plea- sant friend certainly Sallust is, who thinks that I was bound either to incur a most dangerous enmity or everlasting infamy. But I myself am pleased with this middle course ; and it is gratifying to me, that after I had with great serious- ness given my evidence in accordance with good faith and religion, the defendant said, that if he could possibly have been in the city, he would have satisfied me ; ^ nor did he put a single question to me. 4. With respect to the verses which you wish me to write out for you, the task cannot be undertaken by me, a task which requires not only time, but also a mind free from all care. But enthusiasm is also wanting, for I am not altogether without anxiety as to the coming year, though I am without apprehension. And at the same time (I assure you that I speak without the slightest irony) I assign a higher place in that kind of writing to you than to myself 5. As to completing your Greek library, changing some books, and procuring some Latin ones, I wish indeed that those matters may be done, especially as they have reference to my accommodation. But I myself have no person by whose agency I can get such things done for me; for the books which have attractions for me are not for sale, and cannot be completed except by a man who is both skilful and diligent : however, I will give Chrysippus a commission, and I will speak with Tyrannio. I will inquire too, what Scipio has done about the money. Whatever seems proper, I will attend to it. As to Ascanio, you shall do whatever you please ; I will interpose no obstacle on my own account. I commend you for not being in a hurry about your suburban villa, but I advise you to have one. 6. I have written this on the 24th of October, the day on which the games were beginning, as I was going to my Tusculan villa, and taking my Cicero with me for a game 2- of instruction, not of amusement ; on that account 1 Would have thanked me, for not having been his accuser, but having merely given testimony against him. — Paul Manutius. 2 In ludum discendi, non lusionis. He plays on the word ludus, which he had used just before; ludi committebantur TO HIS BROTHER QUINTUS. 81 [ did not go further than I wanted, because I desired to be present at the triumph of Pomptinius/ on the 3d of Novem- ber ; for there will be I know not what trifle of business ; since Cato and Servilius, the praetors, threaten that they will prevent it; and I do not know what they can do, as he will both have Appius the consul with him, and the majority of the praetors, and the tribunes of the people. However, they so threaten, and especially Quintus Scaevola, who breathes nothing but war. My kindest and dearest brother, take care of your health. LETTERS y. VI. Marcus Cicero to his brother Quintus, greeting, 1. With respect to your question, what I have done about those books which, when I was in the neighbourhood of Cumse, I began to write, I have not been idle, nor am I idle ; but I have several times changed my whole plan and method of treating the subject : for after two books were completed, in which, during that nine days' festival which took place in the consulship of Tuditauus and Aquilius, a conversation is commenced by me between Africanus,^ a little before his death, and Lselius, Philus, Manilius, Quintus Tubero, and Fannius and Sceevola, the sons-in-law of Laelius ; and that conversation is extended over nine days, and through nine books, being on the best form of government, and the charac- ter of the best citizen, (the work in truth was put together with sufficient clearness, and the dignity of the speakers added some weight to the arguments ;) — when these books were read by me at my Tusculan villa in the hearing of Sallust, I was assured by him that opinions might be given on those sub- jects with much greater authority, if I myself were to speak on the republic, especially as I was not a Heraclides of Pon- tus, but a man of consular rank, and one who had myself been concerned in the most important affairs of state; but that what I attributed to characters of such antiquity, would appear to be fictitious; that as to the dialogue upon oratory ^ Over the Allobroges. ^ That is, the younger Africanus. The book alluded to is the treatisa De Republic^,, discovered in this, century. G 82 CICERO'S LETTERS in those treatises of mine, I bad done well not to utter in m}^ own character what was said on the art of speaking, but to refer it to those men whom I had seen myself; but that Aristotle himself delivers in his own character what he writes about the commonwealth, and the most excellent kind of citizen. 2. He made an impression upon me, and so much the more because, [by the plan that I had adopted,] I was unable to touch upon the greatest disturbances in our commonwealth, inasmuch as they were posterior to the age of the speakers ; though at first I had made this very thing one of my objects, lest in touching on our own times, I should give offence to any one. Now I shall both avoid that, and shall myself converse with you ; but, nevertheless, if I come to Rome, I shall send you what I had originally written ; for I imagine that you will be of opinion, that those books were not put aside by me without some feeling of disappointment. 3. I am exceedingly gratified by Caesar's great good-will, of which he has assured me in his letter : but I do not depend much on the promises which he holds out. I am neither eager for honours nor anxious for glory; and I am more desirous of the duration of his good- will, than the fulfilment of his promises. Nevertheless, I live amidst the same ambi- tion and labour, as if I were expecting what I never solicit. 4. As to what you ask me about making verses, it is in- credible, my dear brother, how much I want time; nor indeed am I sufficiently animated in thought to sing of those things which you wish. And do you, who have surpassed all men in that description of language and expression, ask me for suggestions on a subject which I cannot fully grasp even with the utmost exertion of thought 1 Nevertheless, I would do it as well as I could, but, (what by no means escapes your knowledge,) there is need, for composing a poem, of a certain cheerfulness of spirit, which the times altogether take away from me. I indeed free myself, as far as I can, from all anxiety on account of the commonwealth, and devote myself to literature; but still I will tell you what in truth I wished above all things concealed from you : I am made wretched, my dearest brother, I am made wretched by the consideration that there is no commonwealth ; no courts of justice ; and that this present time of life of mine, which ought to be in full TO HIS BROTHER QUINTUS. 83 possession of the authority of a senator, is either harassed with the labour of pleading in the forum, or endured with the aid of private literary pursuits ; and that the idea which I cherished from my childhood, At all times to excel, and be above My fellows, is all come to nothing ; that of my enemies, some are not attacked by me, some are even defended ; that not only my inclinations, but my very dislikes are not free ; and that Csesar is the only one of all men who is found to love me as much as I desire ; or even, as some think, is the only one who is inclined to love me. Yet none of these vexations are of such a nature that ' I cannot every day soothe myself with great consolation ; but the greatest consolation of all will be if we shall be together again; but, at present, to those other disquietudes of mine, there is added even the most vehement longing to see you. 5. If, as Pansa thinks that I ought to have done, I had defended Gabinius, I should have been utterly ruined; those who hate him, and they are all ranks of men, would have begun to hate me, on account of him whom they already hate. I bore myself, in my opinion, admirably, so as to do only so much as every one might see. And in the whole of my conduct, as you advise me, I devote myself greatly to the cultivation of ease and tranquillity. 6. In respect of the library, it is Tyrannio who is the idler. I will speak to Chrysippus; but it is a troublesome I task, and one that requires a very diligent man. I find this j myself, who, with a great deal of trouble, meet with no suc- j cess. But for Latin books, I know not whither to turn my- j self; so faultily are they copied, and so dishonestly are they I sold ; however, I will not neglect to do what may be done. I Crebrius, as I wrote you word before, is at Rome, and the , aien who take their oaths to anything, tell me that he is under ' ^eat obligations to you. I fancy that the money matters have j oeen settled in my absence. 7. When you say that you have finished four tragedies in sixteen days, are you borrowing anything from any one else ? And are you aiming at credit ^ by copying out the Electra )v the Troades ? Do not be an idler; and do not fancy that ' Most texts have xP^^s : Gronovius and some others prefer kK4os. g2 84 CICERO'S LETTERS the saying yi/w^i aeavTov is intended merely to diminish arrogance, but that it also intimates that we should know our own powers. However, I would wish you to send me both them, and the Erigona. You have in this packet my last two letters. LETTER YII. Marcus Cicero to his brother Quintus, greeting. 1. There is a wonderful flood at Rome, and especially along the Appian road, as far as the temple of Mars; the walks of Crassipes, and his gardens, have been carried away, and many shops. There has been an amazing quantity of water down as far as the public fish-ponds. The passage of Homer ^ is powerfully illustrated : — As on an autumn day, when Jupiter Pours violent waters forth, whene'er, enraged, His anger burns 'gainst men : For it applies well to the acquittal of Gabinius : — Men who by force in council will pronounce Judgments unjust, and banish right, the voice Of heav'n not heeding. But I have made up my mind not to trouble myself about these matters. 2. When I arrive at Rome, I will write you word what I observe, and especially about the dictatorship; and I will give the courier letters, both for Labienus and for Ligurius. I wrote this before daybreak, by the light of a little wooden candlestick, which was very acceptable to me, because they said that you, when you were at Samos, had had it made. Farewell, my most affectionate and most excellent brother. LETTER VIII. Marcus to his brother Quintus, greeting. 1. There is no need for me to reply to your former letter, which is full of discontent and complaints; of which kind too you say that you had given Labienus another the day before ; but he has not arrived yet. For your more recent 1 II. xvi. 386. TO HIS BROTHER QUINTUS. 85 letter has removed from me every feeling of annoyance ; only I both advise and entreat you, to recollect amid all those annoyances and labours and feelings of regret, what our intention was in your journey. For we were not aiming at any trifling or ordinary advantages ; for what advantage could there have been which we should have thought worth pur- chasing at the price of our separation ? We were seeking most powerful protection, for the full maintenance of our dignity, from the good-will of a most excellent and most influential man. More is risked on hope than on money; everything else will go ^ to loss. If, therefore, you often turn back your thoughts to the consideration of our old objects and hopes, you will more easily bear those hardships of military service, and other things which annoy you; and still you will be able to shake them ofi" when you please. But the full time for that matter has not arrived yet, though it is approaching. 2. Moreover, I recommend you not to trust anything to your letters, from which, if it should be divulged, we should suffer annoyance. There are many things of which I had rather be ignorant than be informed of them at any risk. I will write to you further with a mind at ease, when my Cicero is going on well again, as I hope he will. I would wish you to take care and let me know to whom I must give the letter which I am to send you next ; whether to the couriers of Caesar, that he may at once send them on to you, or to those of Labienus ; for where those Nervii ^ are, or how far off they are, I know not. 3. I derived great pleasure from your letter concerning the virtue and gravity of Caesar, which he had displayed when under deep affliction. And as to your requesting me to finish the poem which I have begun to him, although I am distracted with labour, and still more in mind, still, since Caesar has learned from the letter which I had sent to you, that I have begun something, I will resume what I had commenced, and complete it in these idle days of supplica- tions ; during which I am extremely glad that our friend ^ Struentur is the reading of OrelHus and most other editors ; Nobbe has struantur. 2 The Nervii in Gaul, among whom Quintus was in winter quarters with his legion. Cses. B. G. v. — Paul Manutius. 86 CICERO S LETTERS Messala and the rest are relieved from annoyance, and when you set him down as quite sure to be consul with Domitius, you do not in the least dissent from my own opinion. I will under- take for Messala's conduct to Caesar; but Memmius places hopes in the arrival of Caesar, in which I think he is mis- taken ; here at least he is coldly regarded : as for Scaurus, Pompey cast him off some time ago. 4. Matters are postponed ; the comitia are brought to an interregnum. The rumour of a dictator is disagreeable to the well-affected; but what they say is far more disagreeable to me. However, the whole business is regarded with alarm, and goes on slowly. Pompey plainly denies that he has any inclination for it. Before he did not use to deny it to me. Hirrus seems likely to propose it. ye gods, what a fool of a man ! how does he love himself without a rival ! He frightened off, by my means, Crassus Junianus,^ a man wholly devoted to me. It is very hard to know whether he wishes it, or whether he does not. However, while Hirrus is acting, he will not make people believe that he has any disinclination. People at this time were talking of nothing else with regard to public affairs ; at all events, nothing else is done. 5. The funeral of Serranus Domesticus the son, was a very mournful one : it took place on the 19th of November. The father spoke a funeral panegyric over him, of my writing. 6. Now as to Milo : Pompey has given nothing to him, and everything to Gutta; and says that he will take care that Caesar shall use all his endeavours to further his interest. Milo is apprehensive of this, — and not without reason, — and almost despairs, if he becomes dictator. If he with any armed force, or with his protection, should assist any one who inter- posed a veto to his dictatorship, he fears Pompey would be his enemy; and if he does not assist some one, then he is afraid that matters will be carried by violence. He is pre- paring the most magnificent games,^ of such a character that no man has ever exhibited any more costly ones; a double and a treble piece of folly, as they are not demanded,^ — either because he had already exhibited a very fine show, or because ^ The name is probably corrupt. 2 In honour of the dead, by whose will he had received a bequest. — Paul Manutius. 2 By the people. See Ep. ad Fam. ix. 8. — Idem, TO HIS BROTHER QUINTUS. 87 means were wanting, or because he was a director/ or because he might fairly look upon himself as a director, and not as an sedile.^ I have now written nearly all that I had to say. My dearest brother, take care of your health. LETTER IX. Marcus to Ms hr other Quintus, greeting, 1. In the matter of Gabinius, none of those things which were most affectionately imagined by you, were necessary to be done: Then may the wide-mouthed earth, with ample yawn, Swallow me quick. I acted with the most consummate dignity, as all men are of opinion, and also with the greatest lenity, in all the steps which I took : I neither pressed him hard, nor relieved him. I was a very strong witness ; in other respects I was quiet. The disgraceful and ruinous result of the trial I took very easily; and my prudence indeed now redounds to my ad- vantage; so that I am not in the least moved by these calamities of the commonwealth, and the licentiousness of audacious citizens, with which I used to be distracted ; for nothing can be more utterly lost than these men and these times. 2. Since, therefore, no pleasure can now be derived from public affairs, I do not know why I should vex myself. Literature, my studies, and leisure, my country-houses, and especially our boys, give me great pleasure. Milo is the only one that gives me annoyance ; but I wish that the consulship may put an end to it ; in regard to which I will use no less exertions than I used about my own ; and you, from where you are, will be able to help me, as indeed you do. Concerning ^ Magister. A director or trustee to see the property divided among the legatees. — Idem. 2 Cicero's meaning is, that to exhibit games was the part of aediles, not of magistrif directors or trustees, and that Milo, therefore, as ha was only a magister, and not an sedile, ought to have forborne fronj exhibiting games. — Idem. 88 Cicero's letters that matter, the other points, unless violence breaks them off, are going on well. For his estate I am in fear : But the man rages beyond all endurance, and is preparing games which are to cost a hundred thousand pounds.^ But in this one particular I will bear with his in- considerateness as well as I can ; and it is for your firmness to be able to bear it. 3. With respect to the commotions of the coming year, I had wished you to understand that there is no cause for domestic apprehension, but only for the common condition of the republic, about which, if I am not able to effect any good, I am still unable to be wholly indifferent. But how cautious I wish you to be in writing, you may conjecture from this, that I do not even write to you any account of the disturb- ances which are openly made in the republic, lest my letters, being intercepted, should hurt any one's feelings. I there- fore would have you free from domestic anxiety. As to the interests of the commonwealth, I know how anxious you always are about them. 1 see that our friend Messala is consul ; if by the interven- tion of the interrex, without any proper decision ; if by the dictator's ^ influence, still without danger j he has no unpopu- larity to contend with. The ardour of Hortensius will have great influence : the acquittal of Gabinius is looked on as the promulgation of a law of impunity. By the bye, there has not been anything done yet about a dictator. Pompey is away ; Appius disturbs everything ; Hirrus is preparing to act. Many people are counted ready to inter- pose their veto. The people does not care ; the chiefs are adverse; I take no part. 4. I am greatly obliged to you for the promises which you make about the slaves, and I am, as you write word, but very poorly attended both in Eome and in the country ; but take care of troubling yourself, I intreat you, about anything which regards my convenience, unless it is entirely convenient to you, and quite within your power. ^ Copies vary as to this sum. Most of them have hsccc ; which has been generally thought corrupt. 2 Per dictatorem. An allusion to Pompey, whom a party wished to make dictator. TO HIS BROTHER QUINTUS. 89 5. I laughed at Yatinius's letter j but I am well aware that I am observed by him in such a manner, that I must not only swallow his existing hatred, but even digest [and put up with] it. 6. As to the work which you exhort me to finish, I have finished a very pleasant epic poem, (as it appears to me,) to Caesar ; but I want a trustworthy courier, lest that should happen which happened to your Erigona, for which alone, since Caesar has had the command, the road out of Gaul has not been safe. 7. * * * Well? if I have not good mortar, ought I to pull down the house? which indeed pleases me more and more every day ; and, above all, the lower portico ; and the rooms out of it are admirably made. As to Arcanum, that is a work of Caesar himself, or indeed of some still neater workman : for those images, and that palaestra, and fish-pond, and stream, is the work of many Philotimi, not Diphili. But I will myself go there, and send orders, and give directions. 8. You would complain still more of the will of Felix, if you knew the truth ; for the documents which he thought that he was signing, in which he had laid down strict directions as to the division of his property, he did not sign ; (he mistook partly though his own blunder, and partly through that of his slave, Sicuras;) and he signed documents which he did not intend to sign. But let him bemoan himself. Let us take care of ourselves. 9. I love your Cicero as you beg me, and as he deserves, and as I ought ; but I do not keep him always with me, both that I may not withdraw him from his teachers, and because his mother Porcia is away, without whom I am afraid of the boy's appetite ; but still we are a great deal together. I have now replied to everything in your letter, my most affectionate and most excellent brother. Fare you well. 90 Cicero's letters to brutus. CICERO'S LETTERS TO BRUTUS, INTRODUCTION. The genuineness of this volume has been very commonly doubted; but that question is one on which it seems now hardly worth while to enter. The first of these Letters was written in the year of Caesar's murder, 710 A.U.C., in the consulship of Antonius and Dolabella, who seized that office on the death of Caesar, which he himself had previously promised to resign to him. Cicero, though he had not been privy to the conspiracy, yet as soon as the deed was done, ranged himself on the side of the conspirators, as being the only party with sufficient power to secure order. In a few days, however, they negotiated with Antony, and he, desirous to grasp the power which had been possessed by Caesar, procured them distant provinces, some of which had been previously assigned to them by Caesar. Brutus was to have Macedonia ; Cassius, Syria ; and Decimus Brutus, Cisalpine Gaul. Soon afterwards Octavius re- turned to Italy, arriving at Naples in the middle of April, where he had an interview with Cicero ; and before the end of the month, he arrived in Rome. Brutus and Cassius had already become unpopular in the city, and retreated to Lavinium ; and Antony now began to show his hostility to their party, forbidding Decimus Brutus to go to his province, and prevailing on the senate to transfer Macedonia and Syria from Marcus Brutus and Cassius to himself and Dolabella, while they were to have, instead, the charge of supplying the city with grain. The day after this vote was passed, (June 6,) Cicero had an interview with Brutus and Cassius at Antium, where nothing was decided on. As the city-praeix)r, Brutus ought to have exhibited the Ludi Apollinares ; but he was afraid to return to the city, which indeed even Cicero did not think that he could do with safety. He retired to the neighbourhood of Baiae, while his colleague presided . over the games, which were celebrated at his expense, and with great magnificence. The conspirators were a little encouraged by news of some advantages which Sextus Pompey had gained in Spain, though he did not belong to their party; but he, in consequence, and learning that Lepidus was raising an army to attack him, proposed a general disarming of all parties. Cicero himself was absent from Rome, visiting different places on the coast, during the summer. Antony reconciled himself to Antonius, and by his aid prevailed on the senate to allow him to resign Mace- donia to his brother Caius, and to give him Decimus Brutus's province of Cisalpine Gaul. Brutus and Cassius, as praetors, had no right to be absent from the city without leave ; but they obtained it CICERO TO BRUTUS. 91 from the senate, and subsequently quitted Italy for the East, with the resolution to endeavour to make themselves masters by force of the provinces v/hich had been originally assigned to them, and of which they had now been deprived. Cicero sailed from Italy, and went to Syracuse, intending to proceed to Athens ; but the wind being unfavourable, he was driven back to Italy. He returned to Rome on the last day of August, where he was received with accla- mations by all parties ; but as he refused to appear the next day in the senate, Antony was offended, and attacked him: and the day afterwards Cicero delivered his first Philippic. Antony and Octavius quarrel : Antony leaves Rome for Brundusium, to take the command of the legions assembled there ; and Octavius visits the colonies in Campania, and then Ravenna, and the towns between Rome and the frontiers of Gaul. Cicero supports Octavius. Antony returns to Rome, and again leaves it, and goes northward to attack Decimus Brutus, who throws himself into Mutina. The consuls-elect for the ensuing year were Hirtius and Pansa. LETTER I. Cicero to Brutus, greeting. Lucius Clodius,^ tribune of the people elect, has a very great liking for me ; or, that I may use a more emphatic expression, has a very great love for me ; and as I am quite certain of that, I have no doubt that you (for you know my disposition thoroughly) will suppose that he also is beloved by me : for nothing appears to me to be less becoming to a man, than not to respond in attachment to those by whom you are in- vited to it. He appeared to me to suspect, (and not indeed, without great concern,) that something has been reported to you by his enemies, or rather through the agency of his enemies, by which your affection has been alienated from him. It is not my custom, my dear Brutus, (and this I think you know,) to say anything rashly about another; for it is dangerous, on account of the secret nature of men's wishes, and the variety of their characters. But I have thoroughly examined and understood and appreciated the disposition of Clodius : there are many indications of it, but not necessary to be written ; for I wish you to look upon this rather as a testi- monial than as a letter. He was promoted by the favour of Antony, and a great portion of that very favour is owing to you; and therefore, as long as it did not interfere with our ^ Nothing more is known of this Clodius. 92 BRUTUS TO CICERO,. safety, he would be glad to see him safe. But he is aware that matters have been brought into such a state, (for he is, as you are aware, by no means deficient in acuteness,) that both cannot be safe : and therefore he prefers that we should be so. And of you yourself he speaks and feels with the greatest friendliness : so that if any one has written you a different account of him, or has sought to give you a different impression in conversation, I beg of you over and over again rather to believe me, who am both able to judge of him more easily than any obscure informer, and am more sincerely at- tached to you : think therefore that Clodius is most friendly to you, and that he is such a citizen as a man of the greatest prudence and of the most affluent fortune ought to be. LETTER IT. Brutus to Cicero, greeting. I HAVE been earnestly expecting your letter, which you wrote after you received the news of the state of our affairs, and of the death of Trebonius ; ^ for I have no doubt that you fully explain your views to me. By a most shameful atrocity, we have lost a most excellent citizen, and have been expelled from the possession of the province, which it is easy to recover; nor will it be less disgraceful or iniquitous that it should not be recovered, if it be possible. Antony^ is as yet with us ; but, I assure you, I am both moved by the entreaties of the man, and I am afraid that the madness of some parties may fall upon him. I am altogether in perplexity. But if I knew what you thought best, I should be free from anxiety, ^ This was the first blood shed by either party after the death of Csesar. Trebonius had been assigned the province of Asia Minor, and had taken possession of it ; but Dolabella proceeded through Asia Minor, to take possession of Syria, where Cassius was already in arms. Trebonius did not dare openly to defy him ; but the gates of the dif- ferent cities were closed against him. He attacked Smyrna, in which Trebonius himself was, scaled the walls by night, seized him in his bed, and beheaded him ; while the soldiers mutilated the body, and tearing down the head from Dolabella's tribune, kicked it about the streets, till the features could no longer be recognised. This occurred about the end of February 711 A.u.C. 2 Caius Antony, who was a prisoner. I BRUTUS TO CICERO. 93 for I should feel sure that that really was the best. As soon as possible, therefore, make roe acquainted with your opinions. Our friend Cassius has S}T:ia, and the Syrian legions ; having been invited spontaneously by Murcus and Martins, and by the troops themselves. I have written to my sister Tertia, and to my mother, not to spread any account of this most admirable and fortunate exploit of Cassius, till they knew your opinion, and till you thought it desirable to do so. I have read your two speeches; of which you spoke on-e on the 1st of January, and the other was in reply to Calenus, on the subject of my letters. You now doubtless expect me to praise them : I know not whether the merit of courage or of ability displayed in them be the greater. I now grant that they may be called Philippics, as you wrote, jestingly, in one of your letters. We are in need of two things, my dear Cicero ; money, and reinforcements ; one of which may be hastened by you, I mean that some portion of the troops jfrom Italy may be sent to us, either secretly, and in spite of Pansa, or else by an open motion in the senate ; the other thing, money, which is still more necessary, not more for my troops than those of the other commanders, * * On this account I am the more concerned that we have lost Asia; which I hear is oppressed to such a degree by Dolabella, that the murder of Trebonius no longer appears his most barbarous action. Yetus Antistius, however, has aided me with money. Your son Cicero endears himself to me so greatly by his industry, patience, diligence, and magnanimity, — in short, by the performance of every kind of duty, that he seems never for a moment to forget whose son he is. Though, therefore, I cannot make you love him more than you do, since he is already most dear to you; at least allow so much weight to my opinion, as to feel sure that he will not have to appropriate any of your glory, in order to arrive at honours similar to those of his father. Dyrrhachium, the 1st of April.^ ^ These letters are differently arranged in different editions. I have followed the arrangement of Middleton as most consistent with the historical order of the events alluded to ; but the letters of Brutus are just as spurious as those attributed to Cicero. It may save trouhJe 94: CICERO TO BRUTUS. LETTER III. Cicero to Brutus, greeting. You have been able to learn the admirable disposition of Plancus for the good of the commonwealth, and the number of his legions and auxiliary troops, and, in short, of his whole force, from his letters, of which I suppose that a copy has been sent to yoa. I imagine too, that from the letters of your own friends, you have arrived at a complete understand- ing of the levity and inconsistency of your friend Lepidus, to give the arrangement of the different editions, — that adopted by Middleton, and the ordinary arrangement, which divides these Letters into two books : — FIRST WORDS. MIDDLETON. ORDINARY EDITION. Lucius Clodius . , L . . Book L 1. Literas tuas . . . IL . . IL 5. Planci animum . . in. . IL 2. Datis mane . . . IV. . IL 4. Quae liter89 . . . V. . IL 7. Veteris Antistii . . VL . L 11. Multos tibi . . . VIL . L 8. Cum hsec scribebam vin. . IL 1. Nostree res . . . IX. . I. 3. A. d. V. Calendas . X. . I. 5. Quanta sim Isetitia XL . L 4. Lucius Bibulus . . xn. . L 7. Noh expectare . . XIIL . L 6. Scripta et obsignate XIV. . I. 2. Scribis mihi . . . XV. . L17. Fungerer XVI. . L 9. Etsi daturus . . . XVIL . L 12. De Marco Lepido . XVIII. . L 13. Nullas adhuc . . . XIX . . I. 10. Breves tuse . . . . XX. . , 1.14. Messalam habes . XXI. . . L15. Particulam literarum XXIL . L16. Cum ssepe te . . XXIIL . L18. Si per tuas . . . XXIV. . . IL 8. There is also one given in the ordinary editions as a fragment of a separate letter ; but printed by Middleton as the end of Letter IL and one beginning " Quod egei e," which Middleton considers a portion of Letter IV., but which I hav 3 followed the ordinary edition in giving is a separate letter, and which v dll be found as Letter IV. Letter XXlV. M'iddleton himself gives up as a forgery. CICERO TO BRUTUS. 05 (who, next to his own brother, hates his relations above all people,) and his invariably hostile feelings towards the com- monwealth. My expectation disquiets me, the fulfilment of which is wholly reduced to an extremely critical state ; for all my hopes depend on the delivery of Brutus, for whom I was in a state of great alarm. At present, I have sufficient difficulty here, with that mad- man Servilius, with whom I have borne longer than my dignity fairly allowed ; but I did bear with him for the sake of the republic, that I might not give the profligate portion of the citizens a man, not indeed of great wisdom, but of noble birth, to whom they might flock as a leader— which, nevertheless, they do. But I did not think it right that he should be alienated from the republic. However, I have done with enduring him now, for he had begun to show such inso-, lence, that he looked upon no one as free. In the case of Plancus, he burst forth with incredible indignation, and con- tended with me in such a spirit for two days, and was so completely beaten by me, that I hope that he will be more modest hereafter. And while this very contest was going on, at the time when the debate was proceeding with the greatest vehemence, on the 9 th of April, a letter w^as deli- vered to me in the senate, from our friend Lentulus, with an account of Cassius and his legions, and Syria; and as soon as I had read it aloud, Servilius lost heart, as well as many others, for there are several other persons of high rank who are thoroughly disaffected : but Servilius was exceedingly indignant that assent was expressed to my opinion about Plancus. He is a great monster in regard to the common- wealth, but * * :t: LETTER lY. Cicero to Brutus, greeting. As to your remark that you are in need of two necessary things, reinforcements and money, it is very difficult to know what advice to give you ; for no means occur to my recol- lection, which I consider that you can use, except those which the senate has voted, giving you the powei of borrowing money from the difl'erent cities. But about the reinforce- Of) CICERO TO BRUTUS. meiit, I do not see what can be done ; for so far is Pan^^a from being able to afford you any portion of his army, or of his new levies, that he is even greatly annoyed at so many volunteers going to you; in my opinion, because he thinks that for those affairs about which there is now a contention in Italy, no forces can be too great ; but as many people suspect, because he has no desire for you to become too strong. I, however, have no suspicion of this kind. With regard to what you say, that you have written to your sister Tertia, bidding her not to make public the things which have been done by Cassius, till I approved of it, I see that you were afraid of what there was good reason to fear, namely, that the disposition of Caesar's party (as parties have still distinctive appellations) would be greatly excited by the intelligence. But, before we received your letters, the affair was known and spread abroad; and, besides, your couriers had brought letters to many of your friends. The fact was therefore not to be suppressed, since, indeed, it could not be done; and if it could have been done, we should have thought it a matter not to be published, rather than wholly concealed. With respect to my Cicero, if there really is as much in him as you say in your letter, I am as glad as I ought to be; and if, because you love him, you make his merits so much the greater, I still rejoice extremely on that very account, that he is beloved by you. April 12th. LETTER V. Cicero to Brutus, greeting. After I had given Scaptius letters for you on the morning of the 11th of April, the same day I received one from you in the evening, dated on the 1st of April, from Dyrrhachium; and, therefore, w^hen on the next day I was informed by Scaptius that the men to whom he had given the letters the day before had not started, but were going to set off imme- diately, I scratched these few lines to you in the midst of the confusion of my morning levee. About Cassius I am delighted, and congratulate the republic on his success; I congra- tulate myself too, for having delivered my opinion in spite of CICEKO TO BEUTUS. 97 the opposition and anger of Pansa, that Cassins should pur- sue Dolabella actively as an enemy; and I declared with great boldness that he was already carrying on that war with- out waiting for any decree of the senate from us. I also said about you what I thought at that time ought to be said. This speech of mine will be sent to you, since I see that you are pleased with my Philippics. As to my advice that you ask respecting Caius Antonius, I think that you ought to keep him prisoner till we know the result of the affairs of Brutus.^ From the letters which you have sent me, Dolabella seems to be oppressing Asia, and conducting himself most shamefully in that province; but you have written to several people that '' Dolabella has been shut out by the Ehodians." Now, if he has been to Rhodes, it seems to me that he must have left Asia; and if that be the case, I think that you ought to stay there ; but if he has once got possession of the place, then, believe me, you ought not, but should, as I think, pursue him into Asia. You seem to be likely to do nothing better at the present moment * * * LETTEE VL Cicero to Brutus, greeting, I CONCLUDE that your relations, to none of whom do I yield in attachment to you, have informed you what letter was read publicly in the senate on the 13th of April in your name, and at the same time in that of Antony. But it j was not necessary that we should all write about the same I things; what was necessary for me to write to you was, what i I thought of the entire conduct of this war, and what my deliberate opinion and sentiments were. My feeling, my dear Brutus, with respect to the republic in general, has I always been the same as your own; my plan of action in some I points, not indeed in all, may perhaps have been a little more i vigorous. You know that my opinion has always been, that I the republic should be delivered not only from the tyrant, but I also from the tyranny. You adopted more gentle notions. 1 ^ Decimus Brutus. H i?^ CICERO TO BRUTUS. certainly, to your own immortal honom^; but which of the two plans was the better, we have felt with great grief, and still feel, to our great danger. On that recent occasion you referred everything to the object of ensuring peace, which could not be managed by mere speeches ; I directed all my aims to secure liberty, which indeed can have no existence without peace : and peace itself I thought could be best esta- blished by war and arms. Zeal was not wanting to those who cried for arms, but we repressed their impetuosity, and checked their ardour. In consequence, our affairs fell into such a state, that if some god had not inspired Caesar Octavianus with the feelings which animated him, we must have fallen into the power of that most abandoned and infamous man, Mark Antony, with whom you see how great and perilous a contest there is ; and there would have been none, if Antony had not been spared on that occasion. 1 But T forbear to speak of those matters ; for the exploit then performed by you,^ an exploit ever memorable, and almost divine, precludes all blame ; and, indeed, it cannot be extolled with all the praise that it deserves. You have lately appeared of a grave countenance. You have collected by yourself, in a short time, an army, and troops, and a sufficient number of legions. ye immortal gods, what an announcement was that, what a letter ! how great was the joy of the senate ! how extreme the alacrity of the whole city ! I never saw anything extolled with such unani- mity. There had been some expectation about the remains of Antony's force, whom you had deprived of his cavalry and of the chief part of his legions ; but it came to such an end as we could have wished ; for your letter, which was read in the senate, shows the wisdom of the general, the valour of the soldiers, the industry of your friends, and among them of my Cicero. Had it seemed advisable to your friends that a motion should be made respecting your letter, and had it not arrived at a most turbulent time, after the departure of Pansa the consul, proper and deserved honours would have been decreed to the immortal gods on the occasion. Behold, on the 13th of April, early in the morning, your rapid courier, Pilus, arrives. What a man ! ye gods, how ^ When Csesar was murdered. ^ rpj^^ assassination of Caesar. CICERO TO BRUTUS. 99 grave ! how steady ! how well affected to the republic ! He brings two letters, one in your name, and one in that of Antony. He delivers them to Servilius the tribune of the people, Servilius gives them to Cornutus; they are read in the senate : " Antony the proconsul." There was great asto- nishment, just as if any one had read '^ Dolabella the emperor : " from whom, indeed, couriers had arrived, but no one like Pilus, bold enough to produce the letters, or deliver them to the magistrates. Your letter was read; it was short, indeed, but very mild towards Antony. The senate admired it greatly ; to me it was not quite clear what I ought to do. Should I pronounce it forged ? But what if you owned it ? Should I pronounce it genuine ? That was not for your honour.^ The day, there- fore, was suffered to pass in silence. But the next day, when conversation on the matter had become general, and when Pilus had given a great deal of apparent offence, a commencement was fairly made on my part. I said a good deal about the '^proconsul Antony." Sextius was not wanting to the cause; and afterwards he spoke to me, observing in how much danger he thought his son and mine would be, if they had taken up arms against a proconsul. You know the man; he did full justice to the argument. Others spoke too ; and our friend Labeo remarked that your seal was not affixed to the letter, or the date added, and that you had not written to your relations, as you used to do. By this he wished to prove that the letter was forged ; ' and, if you wish to know more, did prove it. Now, my dear Brutus, you have to decide upon the whole plan of the war. I see that you are pleased with lenity, and think it of the greatest advantage. It is very honourable, but it is in a different situation of affairs, and at other seasons, that there is room for clemency. At present, my dear Brutus, what is the state of affairs ^ The hopes of the needy and profligate point to the destruction of the temples of the immortal gods ; nor, indeed, is anything else to be determined by this war, but whether we are to exist, or not. "Who is it that we are sparing, and what are we doing? ^ For if Antony had been a legal proconsul, it must have been not oaly dishonourable, but criminal in Brutus, to act against him as an rti^smy.—Middleton. u2 100 BRUTUS TO CICERO. Are we thinking of the safety of those, by whom, if they should be victorious, not a trace of us will be left 1 For what differ- ence is there between Dolabella and any one of the three Antonies ? If we spare any one of them, we shall have been too harsh with Dolabella. Although the state of affain themselves compelled the senate and people of Rome t( embrace such opinions as these, still it was only brought about in a very great degree by my prudence and authority. If you do not approve this course, I will defend the opinion which you may express, but shall not abandon my own. Men expect from you nothing careless on the one hand, or cruel on the other. Moderation in this matter is easy, by being strict to the leaders, but liberal to the common soldiers. I wish, my dear Brutus, that you would have my Cicerc with you as much as possible. He will find no better schoo of virtue than the contemplation and imitation of you. 16th of April. LETTER VII. Brutus to Cicero, .greeting. Such are the feelings of Yetus Antistius towards the com- monwealth, that I do not doubt that he would have proved himself a most strenuous defender of the common liberty in reference to Csesar and Antony, if he could have found an opportunity ; for he who, when he encountered Dolabella in Achaia, furnished with infantry and cavalry, preferred to run any risk from the treachery of a bandit ready for everything, rather than seem either to have been compelled to give, or to have given willingly, any money to that most profligate and infamous person, has of his own accord promised us, and actually given, above sixteen thousand pounds^ out of his own funds ; and, what is much more valuable still, he has offered us himself, and united himself to us. I have endeavoured to persuade him to remain as general in the camp, and to aid in the defence of the republic ; but he considered that he ought to depart, since he had disbanded ^ HSXX. Paul Manutius admonishes us that we must take this for vicies. centena.miUia nummilm, i.e. 2,000 sestertia, or, as Middleton gives it, 16,144?. CICERO TO BRUTUS. 101 his army; but he promised to return to us immediately, accepting an appointment as lieutenant, unless the consuls should proceed to hold comitia for the election of prsetors. For I earnestly recommended him, as he was so well affected to the commonwealth, not to postpone offering himself as a candidate. His conduct ought to be acceptable to all, at least such as look upon this as the army of the republic ; and so much the more pleasing to you, as you defend our liberty with greater courage and glory, and as you will gain a greater accession of dignity, if that result for which we hope shall attend our counsels. Moreover, my dear Cicero, I beg of you most particularly, and as a friend may, to look favourably on Yetus, and to exert yourself to add to his honours ; since, although nothing can turn him aside from the path which he has chosen, yet he may be excited by your praises and kindness to adhere more vigorously and tenaciously to his resolution ; and this win very much oblige me. LETTER VIII. Cicero to Brutus, greeting, 1 HAVE recommended many persons to you, and I must continue to recommend ; for every virtuous man and good citizen is guided chiefly by your judgment, and all men of courage are eager to exert their efforts and spirit in your service; nor is there any one who does not think that my interest and influence have great weight with you. But I recommend to you Caius Nasennius, a native of the municipal town of Suessa, in such a way that I cannot recommend any one with more sincerity. For in the Cretan war, he com- manded the eighth century of the Principes under Metellus, and, since that time, he has been occupied in his own family affairs. At present, being influenced both by the state of the republic and by your pre-eminent dignity, he would be glad to obtain some post by your means. I recommend to you, my dear Brutus, a brave man, a pru- dent man, and, if that be anything to the purpose, a wealthy man. It will give me great pleasure if you treat him in such a manner that he may thank me for your favour to him. 102 CICERO TO BRUTUS. LETTER IX. Cicero to Brutus, greeting. At the time that I was writing this letter, matters were supposed to have been reduced to the last extremity; for melancholy letters and news arrived about our friend Brutus. They did not indeed very much disturb me, for I could by no means distrust the armies and generals whom we have ; yet I did not agree with the majority, for I had not a bad opinion of the fidelity of the consul-s, which was strongly suspected. I desired in some particulars more prudence and promptness ; and if they had exerted those qualities, we should have already reestablished the republic. For you are not ignorant how great is the importance of seasonableness in public affairs, and what a difference it makes, whether the same thing be determined, undertaken, or done, a little sooner or a little later. If everything that was voted with resolution in this tumult, had either been done on the day on which I delivered my opinion, and not postponed from day to day, or if, from the time when things were engaged to be done, they had not been still delayed and procrastinated, we should now have no war at all. I, my dear Brutus, have done everything for the republic that a man is bound to do, who has been placed in the rank in which I have been, by the deliberate judgment of the senate and people ; not merely those things, which indeed are all that are to be required of a man, good faith, vigilance, and attachment to my country; for those are duties which every man ought to practise ; but, by him who delivers his opinion on affairs of a state among the chief men of it, I think that prudence ought also to be exhibited; nor, when I have taken so much upon myself as to assume the helm of the state, do I think myself less liable to reproof if I have given any unprofitable advice to the senate, than I should be if I had given any that is treacherous. I am aware that a careful account is sent to you of what has been done, and what is going forward. But there is also something on my part of which I wish you to be informed, namely, that my mind is fixed on the war, and that I attend II CICERO TO BRUTUS. 103 to no other object, unless perchance the advantage of the republic calls me to something else; and the chief part of my thoughts are directed towards Cassius and yourself. Pre- pare yourself, therefore, my dear Brutus, to understand, that if affairs turn out well at this crisis, it is by you that the republic must be improved ; or, if any miscarriage takes place, it is by you that the republic must be restored. LETTER X. Cicero to Brutus, greeting. Our affairs seemed to be in a better position ; for I know for a certainty that an account has been sent to you of what has taken place. The consuls have proved to be just such men as I often described them to you ; but the natural inclination of young Caesar for virtue is marvellous. I trust that when he is in the full possession of honours and influence, we may be able to guide and restrain him with as much ease as we have controlled him hitherto. No doubt that will be a more difficult task, but still we do not despair, for the young man feels altogether persuaded, chiefly by me, that it is through his means that we have been saved ; and, doubt- less, if he had not kept Antony away from the city, all would have been lost. But three or four days before this most fortunate event, the whole city, under the influence of some alarm, were running off with their wives and children to you ; but having by the 20th of April recovered their spirits, they were de- sirous rather that you should come hither, than that they should go to you. On that day, indeed, I reaped the greatest reward of all my great labours and long anxiety, if indeed there is any reward in solid and true glory ; for a concourse of as numerous a multitude as our city can contain flocked to my house ; by whom I was conducted as far as the Capitol, and then, with the utmost acclamations and applause, placed in the rostrum. There is no vanity in me, nor ought there to be any; but yet the unanimity, the avowed gratitude, and the congratulations of all ranks of men excite me, because it is glorious for me to be popular from having secured the welfare of the people. But I would rather that you should 104 CICERO TO BRUTUS. hear of these things from others; and I would wish you to keep me informed, with the utmost care, of all your affairs and plans, and to beware lest your easiness of dealing with people may seem to resemble indifference. The senate feels, and the Roman people feel, that no enemies were ever more worthy of the last extremity of punishment, than those citizens who in this war have taken up arms against their country ; on whom I cry for vengeance, and whom I attack with every vote that I give, while all honest men approve of my conduct. How you ought to judge of this matter, is a question for your own prudence. My opinion is, that the cause of the three brothers is one and the same. We have lost two con- suls, honest men, indeed, but honest men merely. Hirtius, it is true, died in the hour of victory, after he had defeated the enemy, a few days before, in a great battle; for Pansa had retired from the field, after receiving some wounds under which he could not support himself. Brutus ^ is pursuing the remains of the enemy, and so is Csesar. All those who have adhered to the party of Mark Antony have been de- clared public enemies; and accordingly most men interpret that decree of the senate as affecting those whom you have in your hands, whether captured, or having surrendered. I myself, indeed, advanced nothing more severe when I was giving judgment on Caius Antonius by name, as I had settled my opinion, that the senate ought to learn his case from vou. 22d of April. LETTER XL Cicero to Brutus, greeting. On the 22d of April, when opinions were given in the senate about the propriety of pursuing with war those who had been declared enemies, Servilius included Yentidius in the number, and added, that Cassius ought to pursue Dola- bella. Having expressed my agreement with him, I proposed further, that you also, if you thought it desirable, and for the advantage of the state, should pursue Dolabella with your I Decimus Brutus. CICERO TO BRUTUS. 105 army ; but that, if you could not do so with any benefit to the state, or if you did not conceive that it would be for the public advantage, you should keep your army where it is. The senate could do nothing more honourable, than to leave it wholly to you to decide upon what appeared to you most beneficial for the commonwealth. My own opinion, indeed, is, that if Dolabella has any force, if he has a camp, or any ground on which to make a stand, it will be becoming your character and your dignity to pur- sue him. Of the forces of our friend Cassius we knew nothing, for no letters have come from him, nor was any news brought upon which we could rely as certain. But of how much importance it is that Dolabella should be crushed, you are certainly aware, not only that he may receive the punishment due to his atrocities, but that there may be no place to which the leaders of the rebels may betake themselves in their flight from Mutina. And that this was my opinion even before, you may call to mind from my former letters; although at that time there was a haven of refuge in your camp, and a resource for safety in your army; for which reason, now that we are delivered from our dangers, as I trust that we are, we ought the more to devote ourselves to the destruction of Dolabella. However, you will give a still more diligent consideration to these matters, and come to a wise determination respecting them. You will give us in- formation, if you please, how you decide, and what you are doing. I am very anxious to have my Cicero elected into your college,! and I certainly think that, in the comitia for the election of priests, a regard for the wishes of the absent mem- bers may be had; for such a thing has been done before ; since Cains Marius, when he was in Cappadocia, was made augur by the Domitian law: nor has any law prohibited such a thing from being done in future. Moreover, in the Julian law, which is the most recent law jn the subject of appointments to the priesthood, there is a clause in these words, " Who is present as a candidate, or to »vhom regard shall be had," which clearly shows that regard ^ That is, of the Pontifices, or minor priests, in which there were several vacancies at this time. — See Letter XIY. MiddUton. 106 BRUTUS TO CICERO. may be had to a person, even though he is not present. On this subject I have written to him to follow your advice, as in everything else. You must also determine what is to be done with respect to Domitius and to our friend Cato. But, though it may be lawful for regard to be had to a person in his absence, yet everything is easier to those who are on the spot. If you decide, however, that you must go into Asia, there will be no possibility of bringing our friends hither for the comitia. We certainly expected that if Pansa had been alive, every- thing would have been sooner settled ; for he would at once have chosen himself a colleague, [in the room of Hirtius,] and then the comitia for the election of priests would have taken place before those for the election of praetors ; but now I foresee a great deal of delay by means of the auspices; for, while there shall be one patrician magistrate, the auspices cannot lapse into the hands of the senators. Certainly affairs are in a state of great confusion. I should wish you to put me in posses- sion of your sentiments on the whole matter. — The 5th of May. Farewell. LETTER XII. Brutus to Cicero y greeting. It is easier for you to imagine, than for me to express, how much delight I felt on learning the exploits of our Brutus and the consuls. I am pleased with other things, and am glad that they happened; but I am especially delighted that the sally made by Brutus was not only advantageous to him- self, but of the greatest service to the attainment of the victory. As to what you say, in your letter, that the cause of the three Antonies is one and the same, and that it is for me to determine what opinions I should entertain, I have no opinion but this, that the right of decision concerning those citizens who were not killed in the battle against us, belongs to the senate or people of Rome. But, you will reply, you are wrong in this, that you call men of a hostile disposition to the republic, citizens. Nay, I am strictly right ; for what the senate has not yet decreed, or the Roman people ordered, I do not arrogantly pre- BRUTUS TO CICERO. 107 judge, or bring under my own decision. Nor do I change my feelings with regard to this particular in my conduct, that from him whom circumstances did not compel me to put to death/ I neither took anything away with cruelty, nor did I treat him with at all too much indulgence, but kept him in my power as long as the war lasted. I look upon it as by far more honoui-able, and what the republic may better allow, to abstain from persecuting the miserable in their misfortunes, rather than to heap boundless powers on those already powerful, which may but excite their cupidity and arrogance. In this respect, my dear Cicero, best and bravest of men, deservedly most dear to me for my own sake, and for that of the republic, you seem to trust too much to your hopes, and to be too willing, as soon as any one has done anything properly, to give and entrust everything to him, as if it were not easy for a mind corrupted by bribery to be led away to evil counsels. Such is your good temper, that you will bear an admonition with equanimity, especially in regard to the safety of the commonwealth. Still, you will do what you yourself think best, and I will do the same when you have given me your opinion. At present, my dear Cicero, we must take care not to exult idly at the overthrow of Antony, and not to allow our method of eradicating the first evil to cause the production of a second and worse calamity ; for no misfortune can now befal us, either through inadvertence, or passive permission, in which there would not be something to blame in all, and especially in you, whose authority the senate and people of Rome not only allow, but desire to be, as great as that of one man can possibly be in a free state ; — authority which you are bound to uphold by cherishing sentiments, not only of honour, but of prudence. Nor is any exercise of prudence, of which you have abundance, necessary to be demanded from you, except moderation in dispensing honours. All other eminent qualities are found in you in such a degree that they may be compared to those of any of the ancients ; but this one propensity of yours, proceeding, as it does, from grateful and liberal feelings, requires to be checked by a more ^ He refers again to Caius Antony, who was in his power, and seems to think the war terminated by the battle of Mutina. 108 BRUTUS TO CICERO. cautious and moderate exercise of generosity; for the senate ought to give nothing to any one, which may be either a pre- cedent or a protection to disaffected persons. I am very apprehensive, therefore, about the consulship, lest your friend Caesar should think that he has already mounted higher through your decrees than he will rise from his present eminence, if he become consul. But if Antony found in the instruments of regal power left him by another an oppor- tunity of assuming regal power himself, of what disposition do you think any one likely to be, who by the authority, not of a slain tyrant, but of the senate itself, imagines that he has a right to covet all imaginable power ? I shall then, accordingly, praise your good fortune and your prudence, when I begin to see clearly that Csesar will be contented with the extraordinary honours which he has al- ready received. Are you then, you will say, going to make me liable for the misconduct of another? For another's mis- conduct assuredly, if measures might have been taken to prevent its occurrence. I only wish that you could clearly see my fears respecting him. After I had written this letter, I heard that you were made consul. If I really see that come to pass, I shall then indeed begin to imagine to myself a true republic, relying on its own strength. Your son is well, and has been sent forward into Macedonia with the cavalry. The 15th of May. From the camp. LETTER XIIL Brutus to Cicero, greeting. No one can know better than yourself, whose exertions and anxieties for the commonwealth have been so great, how dear Lucius Bibulus ought to be to me. And, therefore, either his own virtue, or our friendship, ought sufficiently to recom- mend him to you ; so that I think I need not write at any length to you. For my wishes ought to have influence with you, provided they are reasonable, or provided they are ex- pressed in compliance with a necessary duty. He has resolved to be a candidate foi Pansa's place; and we both solicit BRUTUS TO CICERO. 109 a nomination for it from you ; for you cannot confer this favour on one more closely connected with you than I am, or nominate any one more deserving than Bibulus. Why need I say anything about Domitius and Apuleius, when they are thoroughly recommended to you by their owd good qualities? Still you ought to support Apuleius by your influence ; but the character of Domitius will be made apparent from his own letter. Do not exclude Bibulus from your confidence, a man of such merit already, that, believe me, he is likely to become one that may deserve the praises of the few resembling yourself. LETTEE XIY. Brutus to Cicero^ greeting. Do not wait for me to offer you any formal expression of thanks ; for such formality ought long ago to have been banished from our friendship, which has arrived at the utmost degree of affection. Your son is not with me at present ; but we are to meet in Macedonia; for he has been ordered to bring the cavalry from Ambracia through Thessaly, and I have written to him to meet me at Heraclea. When I see him, since you give me leave to do so, we will settle the matter together about his returning to offer himself a candidate, or to recommend him- self for that honour. I most earnestly recommend to you Glycon, Pansa's physician, who is married to the sister of our fiiend Achilles ; for we hear that he has fallen under sus- picion with Torquatus of having been accessory to the death of Pansa, and is kept in prison as a murderer; but nothing is less worthy of belief; for who has suffered more misfortune by the death of Pansa ? Moreover, he is a modest and pru- dent man; one whom no personal advantage seems likely to have prompted to crime. I entreat you, and, indeed, earnestly entreat you, (for our friend suffers no less anxiety than is natural,) to deliver him from custody and to save him. I think that this concerns my duty in regard to my private affairs as much as any other thing whatever. While I was writing this letter to you, a letter was 110 CICERO TO BRUTUS. delivered to me by Satrius, the lieutenant of Caius Trebonius, from Tullius and Deiotarus, with the news that Dolabella had been defeated and put to flight. I have sent you a Greek letter from a man named Cyche- reus, which was written to Satrius. My friend Flavins has chosen you as arbitrator in a dis- pute which he has with the people of Dyrrhachium about an estate ; and both I and Flavins^ my dear Cicero, entreat you to bring the affair to a settlement. There is no doubt what- ever, that the city was indebted to the man who has made Flavins his heir ; nor do the Dyrrhachians themselves deny this ; but they declare that the debt was remitted by Csesar. Do not allow an injury to be done by your friends to my friend. The 16th of May. The camp in the lower part of Candavia.^ LETTER XY. Cicero to Brutus, greeting. After my letter had been written and sealed up, a letter was brought to me from you full of news : and, what was the strangest of all things, saying, that Dolabella had sent five cohorts into the Chersonese. Has he such an abundance of men with him, that he, who was said to be fleeing from Asia, can attempt to attack Europe? And did he think that he would be able to do anything with five cohorts, when you have in that country five legions, an excellent body of cavalry, and a very numerous force of allies? I hope indeed that those cohorts are already yours, since that robber has been so insane. I greatly approve of your wisdom, in not having moved your army from ApoUonia and Dyrrhachium until you heard of the flight of Antony, the sally of Brutus, and the victory of the Roman people. As to what you write, therefore, that you have since determined to lead your army into the Chersonese, and not to permit the empire of the Roman people to be a sport to a most profligate enemy, you act as becomes your own dignity, and for the advantage of the republic. ^ A mountainous district between Macedonia and Illyricum. BRUTUS TO ATTICUS. Ill With respect to your intelligence of the sedition which has taken place in the fourth legion about Caius Antony, (you will take what I say in good part,) the severity of the soldiers pleases me better than your own. I am very glad indeed that you have experienced the good- will of the army and of the cavalry. If you have any news about Doiabella, you will send me word of it, as you promise; with respect to whom, I am very much pleased that I had provided beforehand that your judgment should be unfettered as to carrying on war against him j it was of very great importance to the republic, as I perceived at the time; and, as I now think, to your own dignity. As to what you write, that *• I have managed so as to be able to pursue the Antonies at perfect leisure," and praise me for having done so, I dare say that such appears to you to be the case; but I myself am far from approving of the dis- tinction which you draw ; for you write, that '- civil wars are to be prevented with more resolution, than revenge is to be inflicted on the vanquished." On this point, my dear Brutus, I most completely disagree with you ; not that I yield to you in clemency; but a salutary severity is far superior to an empty show of mercy. If we are determined to be merciful, we shall never be without civil wars. However, this you must settle. As to myself, I may say what the Father in Plautus's Trinummus savs. But for my part, my life is almost ended ; You are the most concern' d. Take my word for it, my dear Brutus, you will be crushed, if you do not take care : for you will not always have the people in the same disposition as at present; nor the senate; nor the leader of the senate. You may receive this as de- clared to you by the oracle of the Pythian Apollo; nothing can be more true. 18th of May. LETTER XYI. Brutus to Atticus, greeting. You write me word, that Cicero is surprised that I never give any opmion of his actions. Since you press the question. 112 BRUTUS TO ATTICUSo I will, under compulsion from you, tell you what I think. I know that Cicero has done everything with the best inten- tions: for what is better known to me than his disposition towards the republic? Yet he seems to me, though of all men the most prudent, to have done some things (what shall I say*?) imprudently, or with a view to popularity, since in the cause of the republic he has not hesitated to make the most powerful Antony his enemy. I know not what to say to you, except this one thing, that the cupidity and boldness of the boy Caesar have been rather excited than repressed by Cicero ; and that he gives way so much to his indulgence for him, as not to restrain himself from attacks upon others, attacks which recoil upon himself with double force; since he himself has put more persons than one to death,^ and since he must confess himself to be an assassin before he makes the objections to Casca's^ act which he does make, and, in his conduct to Casca, imitates Bestia.^ Because we are not every moment boasting of the ides of March, as he is always talking of the nones^ of December, will Cicero, for that reason, condemn that most laudable act on a better pretext than that on which Bestia and Clodius have been accustomed to inveigh against his consulship ? Our good friend Cicero boasts to me, that he has supported the whole war against Antony in the garb of peace. Of what profit is that to me, if a succession to the position occu- pied by Antony is demanded as the wages for having put Antony down, and if he, who has repressed that evil, has become the author of another, which will have a more solid foundation, and a deeper root, if we will but allow it 1 for the line of conduct which he has' taken is that of one who is ^ In Catiline's plot, for wMch he put five of the principal conspira- tors to death. — Middleton. 2 The passage seems to imply that Cicero had reproached him for killing Caesar, and called him an assassin. — Middleton. ^ L. Calpurnius Bestia was a tribune of the people, at the expiration of Cicero's consulship ; supposed to have been deeply engaged in Catiline's conspiracy ; and, when Cicero laid down his office, joined with his colleague Metellus in prohibiting him from speaking to the people ; and was ever after a perpetual enemy and reviler of his admi- nistration. — Vid. Sallust, c. 43 ; Plutar. in Cic. — Middleton. ^ It was on the nones of December that Cicero crushed the con- spiracy of Catiline. The whole tone of this letter proves it to be a forgery, and a very clumsy one. BRUTUS TO ATTICUS. 113 afraid, not of tyranny itself, but of Antony being the tyrant. But I do not thank the man who, provided that he is not slave to an angry master, does not object to slavery itself; but to whom even triumphs and rewards are decreed, and who is honoured with every sort of complimentary vote. A man ought to be ashamed to desire that fortune of which he has now taken on him the name ! Is this the conduct of a man of consular rank ] Does this become Cicero 1 Since you would not let me be silent, you will read what must of necessity be unpleasant to you. Indeed, I feel myself with how much uneasiness I write this to youj nor am I ignorant what your sentiments are with regard to the present state of affairs, which, though desperate, you think may still be retrieved. And in truth, my dear Atticus, I do not blame you; for your age, your habits, and your family, render you inactive, as, indeed, I have learned from the report of our friend Flavins. But I return to Cicero. What difference is there between Salvidienus and him 1 or what more would Salvidienus pro- pose to be voted to Octavius than he does ? You will reply, he is still afraid of the remains of civil war. Is there then any one so afraid of a defeated enemy, as not to think that there is also reason to fear the power of one who has a vic- torious army, and the rashness of a boy 1 Or does he act thus, because he thinks that everything ought to be sur- rendered to Octavius, at once and voluntarily, because of his great dignity 1 the great folly of fear, so to guard against that very object which we fear, that, when we perhaps might have avoided it, we of our own accord invite it and draw it upon ourselves ! We are too much afraid of death and exile and poverty : these things appear to Cicero to be the very extreme of evils ; and as long as he finds people from whom he can obtain what he wishes, and by whom he may be honoured and praised, he does not despise slavery, provided it be honourable ; if indeed anything can be honourable in the worst and most wretched of all contumely. Though Octavius, therefore, call Cicero his father; though he refer everything to him, and extol him, and thank him ; yet it will be seen at last that his words are at variance with his acts : for what can be so inconsistent with everv feelinoj of 114 BRUTUS TO ATTICU8. a human being, as to look upon that man as a parent, who is not even in the condition of a free man 1 Yet that excel- lent man directs his efforts only to this end, makes this his aim, hastens to attain this object, that Octavius may be favourable to him. I indeed now think nothing of those accomplishments, with which I know that Cicero is so com- pletely furnished; for of what profit to him are the writings which he has composed in such vast abundance, in defence of the liberty of our country, concerning dignity, concerning death, and exile, and poverty 1 and how much more justly does Philippus ^ appear to understand things, who has given less to a stepson than Cicero gives to a stranger 1 Let him cease, therefore, in his boasting, to insult our sorrows ; for what advantage is it to us that Antony has been defeated, if he is defeated only that what he held may be open to another ? Although your letter intimates that things are doubtful. Let Cicero then live, as he can endure to do so, a suppliant, and submissive to another; if he has no regard either to his age, his honours, or his past achievements. As for me, there will assuredly be no condition of slavery so attractive, as that I should be diverted by it from waging war with the thing itself, that is to say, with kingly authority, with extra- ordinary commands, with absolute dominion, and with power that seeks to set itself above the laws, even though Antony be a good man, as you describe him, but as I never thought him to be. But our ancestors would have no master over them, even if he had been their father. ^ If I did not love you really as much as Cicero is persuaded that he is loved by Octavius, I should not have written this to you. I am sorry that you must be vexed at what I have . now written, since you are greatly attached to all your friends, and especially to Cicero ; but assure yourself that nothing is abated of my good-will towards him, though much of my favourable opinion of him ; for it can never be, but that as anything appears to a man, so he will form his opinion of it. I wish you had sent me word, what are the conditions offered to my dear Attica ;2 I might have been able to tell you some- ^ Philippus had married Atia, the mother of Octavius ; but the letter is mistaken, for Philippus had gone far beyond Cicero in the honours which he wished to procure for Octavius. ^ The daughter of Atticus. Paul Manutius supposes that the allu- sion intended is to a proposal of marriage. CICEKO TO BRUTUS. 115 thing of my own feelings on the subject. I do not wonder that the health of my dear Portia is an object of concern to you. To conclude, I will cheerfully do what you ask me ; for my sisters also make the same request; and I know the man, and what it is that he wants. LETTER XVII. Cicero to Brutus, greeting, I • SHOULD perform the same office for you, which you per- formed for me in my sorrow/ and should endeavour to comfort you by letter, if I did not know that you do not require in your distress the remedies with which you alleviated my grief; and I wish that you may now cure yourself with greater ease than I, on that occasion, cured myself. For it is inconsistent with the character of so gTeat a man as you are, not to be able to do himself, what he has recommended to another. As for myself, not only the arguments which you had collected, but your authority, deterred me from indulging in too much sorrow : for, when I appeared to you to bear my distress with less fortitude than became a man, especially one who was in the habit of addressing consolation to others, you reproached me in your letters in harsher language than was your habit. Having, therefore, a high opinion of your wisdom, and being in awe of it, I recollected myself, and attached the more weight to the things which I had formerly learned and read and heard, after your authority was added to them. And at that time, my dear Brutus, I had to obey only duty, and my natural disposition ; you have to regard the people, and the public stage (as we say) on which you are ; for since the eyes, not only of your own army, but of all your fellow-citizens, and almost of all nations, are turned upon you, it least of all becomes him by whose means we are rendered bolder, to appear himself weakened • in spirit. You have indeed met with affliction, (for you have lost that to which there was nothing similar on earth,) and you must grieve at ^ For his daughter TuUia. i2 118 CICERO TO BRUTUS. SO severe a misfortune, lest to want all sense of grief should be found more wretched than to grieve; but as it is bene- ficial to others to mourn with moderation, it is for you necessary. I would say more, if even what I have said was not too much to say to you. We are looking for you and your army, without which, (though everything else may succeed to our wish,) we scarcely seem likely to have sufficient freedom. Of the general aspect of the affairs of the commonwealth, I will write more at length; and, perhaps, with more certainty, in a letter which I was thinking of entrusting to our friend Yetus. LETTER XVIIT. Cicero to Brutus, greeting. Although I was just going to give a letter to Messala Corvinus, still I did not like my friend Yetus to go to you without a letter from me. The republic, my dear Brutus, is in a situation of the greatest danger; and though victorious, we are forced to fight again; this has happened through the wickedness and folly of Marcus Lepidus. For the republic, there was nothing at which I felt greater concern, than that I was unable to yield to the entreaties of your mother and sister; for I thought that I should easily satisfy you, which is an object of the highest importance with me. For in no way could the cause of Lepidus be distinguished from that of Antony; indeed, in everybody's judgment it was the worse of the two, because after Lepidus had been com- plimented by the senate with the highest honours, and after he had only a few days before sent an admirable letter to the senate, he suddenly not only received the relics of our defeated enemies as his friends, but is even carrying on a most vigorous war against us by land and sea, of which it is uncer- tain what will be the result. When we are asked, therefore, to show pity to his children, no argument is advanced why the greatest severities are not to be endured by us, (may BRUTUS TO CICERO. 117 Jupiter avert the omen !) if the father of those children should be victorious. Not indeed that it escapes my recollection, how bitter a thing it is that the crimes of fathers should be atoned for by the punishment of their children ; but this has been admirably provided by the laws, that their affection for their children may make the parents more truly attached to the repubhc. It is Lepidus, therefore, who is cruel to his chil- dren, not he who pronounces Lepidus a public enemy; and if he, after laying down his arms, had been condemned for violence to the state, in a trial for which he would have had nothing to say in his defence, his children would suffer the same punishment, — their property being confiscated; although what your mother a-nd sister deprecate for those children, the same and many more cruel evils Lepidus, Antony, and the rest of our enemies, are denouncing against us all. At this time, therefore, our greatest hope is placed in you, and in your army. It is of the very greatest consequence, both to the general state of the commonwealth, and also to your own glory and dignity, that you, as I have written before, should come into Italy with all possible speed; for the republic is in the greatest need, both of your forces, and of your wisdom. Because of your letter, I gladly embraced Yet us, out of regard to his good- will and singular service to you; and I see that he really is most thoroughly attached and devoted both to you and to the republic. I shall see my Cicero, as I hope, shortly, for I trust that he will very soon come into Italy with you. LETTER XIX. Brutus to Cicero, greeting. The fear that every one else entertains of Marcus Lepidus, makes me also fear. If he should withdraw himself from us, (a suspicion which I hope that men have entertained of him groundlessly and wrongfully,) I beg and entreat you, my dear Cicero, invoking our intimate friendship and your good- will to me, to forget that the children of my sister are sons 118 CICERO TO BRUTUS. of Lepidus, and to think that I have succeeded to the place of father to them; if I obtain this of you, then there is nothing, assuredly, which you will hesitate to undertake in their behalf. Other people live with their relations on different terms; I can do nothing for the children of my sister sufficient to satisfy either my inclination or my feelings of duty. But what is there that good citizens can grant me, (if I am worthy of having anything granted me,) or what is there that I can do for my mother or sister, or for these children, if their uncle Brutus has no weight with you, and the rest of the senate, to counterbalance the conduct of their father Lepidus ? I am not able to write you a long letter, for my anxiety and sorrow; nor, indeed, have I any reason: for if in a matter of such importance, and one that touches ' me so closely, there is need of words to arouse or to encourage you, there is no hope that you will do what I wish, and what you ought. Do not, therefore, expect a long entreaty from me. Look upon me ; consider who I am ; a man that has a right to obtain this favour either from Cicero, as one closely attached to me as a private individual, or from a man of consular rank, and of such a character, without reference to private friendship. What you resolve to do, I should wish you as soon as possible to let me know in reply. The 1st of July. — At the camp. LETTER XX. Cicero to Brutus, greeting. As yet I have received no letter from you ; nor even any report to tell me that you, having received the authority of the senate for such a step, were proceeding with your army to Italy ; though the republic was very desirous for you to do that, and to do it with all speed. For our intestine evil grows worse and worse every day; nor do we suffer more from our foreign enemies than from our domestic foes, who existed, indeed, at the very beginning of the war, but who at that time were more easily put down. The senate then CICERO TO BRUTUS. 119 assumed a more erect attitude, being roused not only by my known opinions, but also by my exhortations. In the senate, Pansa was energetic and fierce enough, both against the rest of this faction, and especially against his father-in-law, who, as consul, wanted neither courage at the beginning of his office, nor fidelity at the end. The war was carried on at Mutina in such a way that there was no fault to be found with Caesar. There may have been something to blame in Hirtius ; and the general fortune of the war, if compared with prosperous ones, has been wavering ; if with disastroias ones, good. The republic was victorious, the troops of Antony having been routed, and he himself expelled by 1 Brutus. But so many errors were afterwards committed, that, as one may say, victory sHpped through our fingers; our generals did not pursue the enemy, though disheartened, disarmed, disabled ; and an opportunity was given to Lepidus, through which we might feel his inconstancy, often felt indeed before in still greater disasters. The armies of Brutus and Plancus are good, but untrained. The auxiliary forces from the Gauls are very faithful and very numerous. But some persons, by most scandalous letters, and by treacherous accounts and information, have excited Caesar, who has hitherto been governed by my counsels, and who is himself of a most excellent disposition and admirable steadiness, to conceive a confident hope of obtaining the consulship. And as soon as I perceived that such was the case, I never ceased to warn him, as he was absent, by letter, nor to reproach his friends, who were here on the spot, and who appeared to be encouraging that desire of his : nor did I, in the senate, hesitate to lay open the true source of those most flagitious counsels ; nor do I remember the senate or the magistrates to have been on any occasion better disposed. For it has never happened before, when there has been a question about con- ferring some honour out of the usual course of things on a powerful man — I may even say, on the most powerful man in the state (since power now depends on force and arms) — that no tribune of the people, no one invested with any other magistracy, no private individual, ever could be found to propose it. But still, with all this exhibition of resolution and virtue, the city was nevertheless in an anxious state ; for we are 120 CICERO TO BRUTUS. mocked, my dear Brutus, both by the licentiousness of the soldiers and the insolence of the generals. Every one de- mands to have as much authority in the republic as he has force at command. Neither reason, nor moderation, nor law, nor precedent, nor duty, nor even the deliberate judg- ment and opinion of the citizens, nor regard for the estima- tion of posterity, has any weight at all. I, foreseeing all this a long time ago, was fleeing from Italy, at the very time when the news of your edicts caused me to return. But you, Brutus, roused me again at Yelia ; for although I grieved that I was going to a city from which you, who had delivered it, were taking flight, (which indeed had formerly happened to me also, under a similar danger and sadder fortune,-^) still I proceeded, and came to Eome, and without any support made Antony quake ; and, in opposi- tion to his impious arms, I by my authority and counsels secured for us the protection of Csesar, which was volun- tarily offered; and if he remains in the same disposition and continues to be guided by me, we seem likely to have quite sufficient defence. But if the counsels of bad men have more weight than mine, or if the tenderness of his age -proYQ unable to support the heavy burden of affairs, all our hope is in you. Fly to us, therefore, I beseech you ; and, in the result, complete the deliverance of that republic which you have already delivered, more through your own virtue and magnanimity than through any train of circumstances. A general concourse of all classes will gather round you. Exhort Cassius to the same course by letter. There is no hope of liberty anywhere except in the head-quarters of your united armies. In the west, we find both generals and armies entirely true to us. And, for my part, I feel confident that the support of the young Octavius may be relied on ; but so many persons are trying to shake his fidelity, that I some- times am afraid that he may be influenced by them. You now know the general aspect of the affairs of the com- monwealth, as they stood at the time when I wrote this letter. I trust that, in process of time, they may grow better ; but if ^ He alludes to tlie case of his exile, when lie was .not only driven out of the city by his enemies, as Brutus now was, but was banished by a particular law, which had not yet happened to Brutus, though it did in a short time Sifter.— Middleion. CICERO TO BRUTUS. 121 the contrary should be the case, (which presage may the gods avert !) I shall grieve for the fate of the republic which de- served to be immortal : but for myself how short a space of life is left ! LETTER XXI. Cicero to Brutus, greeting. Your letter was short. Short, do I say? It was no letter at all. Does Brutus, at such a crisis as this, write me those lines only. You had better have written nothing at all ; and yet you expect letters from me. Which of your friends has ever come to you without a letter from me *? And which of my letters had not something of consequence in it ? If, indeed, they have failed to reach you. I suppose that not even your own family letters have arrived either. You write me word, however, that you will send me a longer letter by my son Cicero. You will indeed do well; but still this one ought to have been longer. But I, as soon as you wrote to me about Cicero's departure from you,^ im- mediately packed off a courier with letters for him, bidding him, even if he had reached Italy, to return to you; for nothing could be more agreeable to me, or more honourable to him, although I had several times written to him that the comitia for the election of priests had, by my extreme exer- tions, been postponed to another year; a delay which I exerted myself to procure, not only for the sake of Cicero himself, but for that of Domitius, Cato, Lentulus, and the Bibuli, as I also wrote to you. However, when yoa sent off to me that dwarfish letter of yours, this was not yet known to you. I do therefore, my dear Brutus, beg of you with all earnest- ness, not to let my son depart from you, but to bring him with you when you come ; and this, if you have any just regard for the republic, for the benefit of which you were born, you ought to do instantly. For the war has revived, and that through the no small wickedness of Lepidus. And ^ This alludes, as Middleton observes, to Letter XIII., in which it was said that young Cicero was to come to Rome, to be a candidate for one of the vacant priesthoods. 122 CICERO TO BRUTUS. Caesar's army, which was most excellent, is not only of no use to us, but even compels us to demand the presence of yours. If that once reaches Italy, then there will be no citizen, at least no one who deserves to be called a citizen, who will not betake himself to your camp, although we have Decimus Brutus admirably united with Plancus. But "you are not ignorant how little to be trusted the dispositions of men are when infected with party spirit, and how uncertain, too, are the events of battles. Moreover, if we conquer, as I hope we shall, still affairs will require the powerful direction of your wisdom and influence to guide them. Come therefore to our assistance, I implore you, and come as soon as possible ; and be assured that you did not do a greater service to your country on the ides of March, on which you repelled slavery from your fellow-citizens, than you will do now if you come speedily. July the 13th. LETTER XXII. Cicero to Brutus, greeting. You have Messala with you : how then shall I be able, by any letter which I may write with ever so much care, to ex- plain to you more clearly than he can what is going on in the republic, and what is the state of affairs in it, since he is thoroughly acquainted with everything, and is able also tc set it before you, and represent it to you in the neatest pos- sible manner? For do not fancy, my dear Brutus (although it is not necessary for me to write to you what is already well known to you, yet I cannot pass over in silence such excel- lence in all qualities which deserves praise) ; do not fancy, I sa;y , that there is any man like him for honesty, consistency, anxiety, and zeal for the commonwealth; so that eloquence, in which he wonderfully excels, seems scarcely to find in his character any room as a subject of praise, although in this very particular his wisdom is the more conspicuous; with such dignified judgment and exceeding skill has he practised himself in the soundest kind of oratory. So great, too, is his modesty, so incessant his application to study, that it is not to his genius (eminent as it is) that his greatest obligations appear to be due. CICERO TO BRUTUS. 123 But I am letting myself be carried away too far by my regard for him; for it was not my sole object in this letter to extol j^Iessala. especially to Brutus, to whom his merit is not less known than to myself, and to whom are still better known those studies of his which I am now praising. And though I was grieved at taking leave of him, I was comforted by this one consideration, that as he was going to you, whom I look upon as another self, he was both performing his duty and pursuing a path to the greatest glory. But enough of this. I come now, after a long interval certainly, to a certain letter of yours, in which, while praising me on many accounts, you found fault with me in one point as being too liberal, and as it were prodigal, in giving my voice for awarding honours.^ It is for this that you blame me ; others, perhaps, charge me with being too severe as to punishment and penalties; unless, perhaps, you bring both accusations against me. If such be the case, I desire that my opinion on both these subjects should be thoroughly under- stood by you; not merely that I may cite the saying of Solon, who was both the wisest of the seven wise men, and also the only legislator of the seven, and who said that com- monwealths were held together by two things, rewards and punishments ; for I would add, that there certainly is mode- ration to be observed in both these points as in all other things, and a certain medium to be kept as to each of them. But it is not my purpose to discuss so important a topic in this place. However, I do not think it improper to explain to you what I have aimed at during this war in the several votes which I have given in the senate. After the death of Caesar and your memorable ides of !\Iarch, my dear Brutus, you have not forgotten what I said had been omitted ^ by you, and how great a tempest I declared to be hanging over the republic. A great plague had been repelled by you, a great stain on the Eoman people had been effaced, and an immortal glory had been gained by yourselves. But the whole equipage of kingly power was only transferred to Lepidus and Antony, one of whom was a vacillating man, the other polluted with vice ; both of them were afraid of peace, and enemies to tranquillity. ^ Especially to Octavius. 2 /,g_ the putting Antony to death. 124 CICERO TO BRUTUS. While these men were burning with a desire of throwing the republic into confusion, we had no force that could be opposed to them ; but the whole city had roused itself with entire unanimity to preserve its freedom. We were at that time too energetic ; you perhaps acted more wisely in quitting the city which you had delivered, and declined the aid of Italy, which offered its services in your cause. When, therefore, I saw the whole city occupied by traitors, that neither you nor Cassius could be safe in it, and that it was overawed by the forces of Antony, I thought that I also ought to depart. For a city overwhelmed by wicked men, and deprived of all power of helping itself, was a wretched spectacle. But the same disposition which is always in me, through devotion to my country, could not bear to be absent from its dangers ; and accordingly, in the middle of my voyage to Achaia, when, at the times of the Etesian winds, the west wind, as if dissuading me from my resolution, had brought me back to Italy, I met you at Velia, and expressed the greatest concern on the occasion. For you were retreating, my dear Brutus: you were retreating, I say; since our friends the Stoics deny that it is for a wise man to flee. When I came to Eome, I immediately put myself forward to check the wickedness and insanity of Antony; and when I had exasperated him against myself, I began to adopt resolutions quite in the character of Brutus himself (for such resolutions are the peculiar inheritance of your family) to deliver the republic. The long recital of what followed I shall omit, for it relates to myself; I will only say that the character of this young man Csesar, by whose means, if we would but confess the truth, we still exist, has sprung wholly from the source of my counsels. No honours have been paid him from me, my dear Brutus, that were not justly his due; none that were not absolutely necessary. For when we first began to recover our liberties, when not even the divine virtue of Decimus Brutus had exerted itself in such a manner that we could appreciate its value, and when our whole hope of defence lay in that boy who had turned Antony away from our throats, what honour was too great to be voted to him? Although at that moment I paid him honour only in words, and that expressed in moderate terms, I also proposed to invest him with CICERO TO BRUTUS. 125 militai-y command; and though this may have appeared a compliment to one of his age, yet it was indispensable, as he had an army; and what is an army without such command? Philippus proposed to vote him a statue ; Servius, first of all, voted him the privilege of standing for offices before the usual time ; Servilius made that time still earlier j nothing at that moment appeared too great for him. But, I know not how, men are more commonly found to be liberal under the influence of fear than grateful in the hour of victory. For I myself, when Decimus Brutus had been de- livered; when that day, most joyful to the city, had shed its light upon it, and that very day, as it happened, was the birth- day of Brutus, proposed a vote that the name of Brutus should be attached to that day in the calendar. And in this proposi- tion T followed the precedent of our ancestors, who paid this compliment to Larentia,^ a woman at whose altar in the Yela- . brum you pontiffs are in the habit of offering sacrifice. When I proposed this honour to Brutus, my object was that there should be in the calendar a memorial of his most welcome victory; but on that day I found that there were rather more malevolent than gTateful people in the senate. At that very time too I lavished, if you will have it so, honours on the dead, Hirtius and Pansa, as well as Aquila ; and who would blame me for so doing but those who, now that they are delivered firom their fear, have forgotten also their past danger 1 To the grateful recollection of these services there was added another reason for my conduct, which I hoped might have a beneficial efiect upon posterity; for I wished that there should exist undying records of the public hatred to our most cruel enemies. I suspect, too, that this other matter is the less approved by you, because it is not approved by your friends, who are very excellent men indeed, but of no expe- rience in public affairs ; namely, the vote which I proposed, that Caesar might be permitted to enter the city with an ovation. But I am of opinion (though I may perhaps be ^ It is rather uncertain who Larentia was : the tradition is that she was Romulus's nurse, and that Romulus instituted a yearly sacrifice and festival in her honour. The Yelabrum was a street or square, as Middleton remarks, where the Forum Boarium and Temple of Janus stood. 126 CICERO TO BRUTUS. mistaken, nor is my temper such that my own opinions delight me in preference to those of others), that during the whole of this war I have not done a wiser thing. Why it is so I must not explain, lest I should seem to have been prudent rather than grateful; and even to say this is to say too much ; let us therefore turn to something else. I proposed that honours should be voted to Decimus Brutus, and also to Lucius Plancus. Those, indeed, are noble dispositions which are attracted by glory; but the senate also is wise, w^hich employs every method, provided it be honourable, by which it thinks that any one can be induced to support the republic. But in the case of Lepidus I am blamed; inasmuch as after I had proposed to erect a statue to him in the rostra, I at a subsequent time proposed to remove it. The truth was, that I sought by means of that honour to recall him from desperate measures; but the insane folly of that most vacillating of men defeated my prudence ; nor was so much harm done in raising a statue to Lepidus, as good in over- throwing it. I have said enough on the subject of honours ; I must now add a few words on the subject of punishment ; for I have re- peatedly understood from your letters, that you were desirous of having your clemency extolled towards those whom you had defeated in war. I believe that nothing is done by you otherwise than wisely; but to omit inflicting punishment on guilt, (for that is what is called pardoning,) even though under other circumstances it may be endurable, I think ruinous in this war. For of all the civil wars which within my recollection have taken place in our republic, there has not been one of such a character that, whichever side proved vic- torious, there would not still have been some form of a com- monwealth left : but in this war, what sort of republic we shall have, if victorious, I would not willingly say; if defeated, we shall certainly have none at all. I therefore pronounced very severe opinions against Antony; I pronounced severe ones against Lepidus ; not so much for the sake of inflicting vengeance upon them, as with a view at present to deter un- principled citizens by fear from making war on their country, and, for the future, to raise a record to prevent any one from imitating such rashness, although this opinion was not more CICERO TO BRUTUS. 127 my own in particular than that of all the citizens. And in it there is indeed this appearance of cruelty, that the penalty reaches to their children who have deserved no punishment. But it is an ancient custom, and one which prevails in all states; since even the children of Themistocles were reduced to want. And if the same punishment falls on citizens judicially condemned, how could we be more merciful to enemies 1 And what ground of complaint has any one against me, who must confess that if he had been victorious, he would himself have been more severe towards me? You have now the ground of the opinions which I de- livered, at least on this subject of honours and penalties. What opinions I entertained, and what votes I gave, on other matters, I think you have heard; but to mention these is not of so much necessity; what is absolutely necessary is, that you, my dear Brutus, should come into Italy with your army with all speed ; there is the strongest desire for your arrival; if you but set foot in Italy, all will flock to you. For whether we are victorious (and we should indeed already have been most gloriously victorious, if Lepidus had not chosen to overturn everything, and ruin himself as well as his friends), we shall require your authority to establish some constitution in the state ; or whether there be still struggles to come, our greatest hope is still in your authority and in the power of your army. But hasten to us, I conjure you by the gods ; for you know how much depends on opportu- nities, how much depends on promptness. I. will take all possible care of the interests of your sister's sons, as I hope that you will learn from the letters of your mother and your sister ; in which cause I have a greater regard for your wishes, which are most dear to me, than, as some think, for my own consistency. But in nothing have I a stronger wish both to be and to seem consistent, than in my affection for you. 128 BRUTUS TO CICERO. LETTER XXIII. Brutus to Cicero, greeting, I HAVE read a small part of your letter, which you sent to Octavius, and which was forwarded to me by Atticus. Your zeal and anxiety for my safety have given me no new delight ; for it is not only a common thing, but one of even daily occurrence, for me to hear something about you which you have said or done, faithfully and honourably, for the mainte- nance of my dignity. Yet that same part of the letter which you wrote to Octavius about me has caused me as much concern as I am capable of feeling ; for you thank him on behalf of the republic in such language, in such a suppliant and humble tone, (what shall I say? I am ashamed of our condition and fortune, but still I must write it; you recom- mend my safety to him ; and what kind of death would not be preferable to safety so secured*?) that you show plainly that the overbearing power has not been removed, but only the master changed. Recollect the words that you have used, and then deny, if you can, that they are the language of prayer addressed by a slave to his king. You say that there is one thing only which is demanded and expected from him; namely, that he should allow those citizens, of whom virtuous men and the Roman people have a favourable opinion, to live in security. But what if he will not allow it ? Are we to have no existence 1 But it would be better to \iave none than to exist only through his permission. I, assuredly, do not believe that all the gods are so unfavourable to the safety of the Roman people that Octavius must be entreated for the safety of any citizen; I will not say for that of the deliverers of the whole world. For I am glad to take a high tone ; and it is fit that I should do so towards those who know not what is to be feared for each individual, or what ought to be asked of any one. Do you then confess, Cicero, that Octavius has this power, and are you nevertheless a friend to him? or, if you have any regard for me, do you wish me to appear at Rome, when I must first be recommended to that boy that I may have the liberty of being there? And for what have you to thank him, if you think be must be entreated to consent and allow us to BRUTUS TO CICERO. 12l| live in safety*? Is this to be regarded as a favour, that he prefers to be the person himself from whom such things are to be petitioned, rather than Antony ? Does any one address entreaties to a person who is the chastiser of the domineering power of another, and not rather his successor in it, that men who have dono great services to the republic may be per- mitted to live in it in safety? But that imbecility and despair (the fault of which is not to be imputed to you in a greater degree than to every one else) both impelled Julius Caesar to covet kingly power, and after his death persuaded Antony to endeavour to occupy the place of him who had been slain ; and now, too, it has elevated that boy to such a degree, that you have thought that the safety of such men as we are must be obtained of him by entreaties; and have considered that we shall only be safe through the mercy of one who is hardlv yet a man, and by no other means. But if we had recollected that we were Romans, these vilest of men would not be more bold in their desires to grasp dominion, than we should be in our determination to stop their course; nor would Antony have been more encouraged by the height of power attained by Csesar, than deterred by his fate. How can you, a man of consular rank, and the avenger of such atrocious crimes (though, while they are checked, I still fear that our ruin has only been postponed by you for a short time), how can you, I say, contemplate what you yourself have done, and at the same time approve those other things, or at least bear them with so lowly and acquiescent a spirit as to wear the appearance of one who does approve of them? What private ill-feeling had you towards Antony? None, for any other reason but that he assumed such authority, requiring that mens safety should be begged of him; that we, from whom he himself had received liberty, should enjoy only a precarious safety ; and that his will as to the common- wealth should be absolute. You then thought it time to seek for arms, by which he might be prevented from lording it .over us: but was it your object that, while he was pre- vented from so doing, we might address our prayers to some one else, who would permit himself to be put in his stead ; or that the republic might have its full rights and be mistress of itself? unless, indeed, our objection was not to slavery K 130 BRUTUS TO CICERO. itself, but to some particular kind of slavery. But we might not only have endured our fortune, with Antony for an easy master, but with advantages also and honours, as sharers in them with him, to whatever extent we pleased; for what would he have denied to those whose patience he found to be the main support of his authority? But none of these con- siderations were of such importance that we should sell our good faith and Hberty for it. What would not this very boy, whom the name of Csesar appears to excite against the de- stroyers of Csesar, what would not he think it worth, (if there were an opportunity for such a bargain,) to have, with our support, as much power as he certainly is likely to have, since we are so eager to live, and to retain our fortunes, and to be called men of consular rank? But then that other Caesar will have been slain to no purpose ; and why did we 3-ejoice at his death, if, after it, we were to be slaves no less than before? Let no anxiety be felt, then, by others. But, as for me, may all the gods and goddesses deprive me of everything, sooner than of the determination not to allow to the heir of the man whom I have slain what I did not allow to the man himself, and what I would not allow even to my own father, if he were to come to life again ; namely, that he should have more power than the laws and the senate with my permission. Can you possibly believe that the rest of the citizens will be free under him, without whose permission there is no room for us in the city? How, moreover, is it possible for you to obtain what you ask? for you ask him to permit us to be safe. Do we appear to you, then, certain of receiving safety from him when we have received life? And how can we receive it, if we first throw away our dignity and our freedom? Do you think that to live at Kome is to be safe? It is cir- cumstances, and not place, which must procure me safety. T was not safe while Caesar was alive, unless indeed it was after I had resolved upon that deed. Nor can I be an exile anywhere as long as I hate to be a slave, and to endure in- sults worse than all other evils. Is not this to fall back into the same darkness, when we request of him who has taken to himself the name of a tyrant, (while in Grecian states even the children of tyrants, after the parents are put down, are subjected to the same fate,) that the mortal enemies and BRUTUS TO CICERO. 131 suppressors of absolute power may be allowed to live in safety 1 Can I wish to see this state in such a condition, or even think it a state at all, if it is not able to receive freedom when put into its hands, and even forced upon it ; and when it is more afraid of the name of the king who has been re- moved, in the person of a boy, than confident in itself, even after it has seen that very man who had the greatest power of all cut off by the public spirit of a few individuals ? Here- after, do not recommend me to your C^sar; no, nor even yourself, if you will listen to me. You value the number of years, which your time of life renders it probable that you may enjoy, at a very high rate, if, for the sake of them, you will supphcate that boy. In the next place, with regard to the admirable line of conduct which you have adopted, and still pursue, towards Antony, take care lest, instead of being praised as the part of great magnanimity, it should be imputed to fear. For if you like Octavius, as one from whom we must beg our safety, you will appear not to have objected to a master, but only to have been desirous of a more friendly one. That you praise him for what he has hitherto done, I commend you; for his conduct deserves to be praised ; provided only that he under- took that course of action in opposition to the power of an- other, and not for the sake of establishing his own. But when you judge that it is not only lawful for him to have such power, but also that it should be given him by you, so that he must be entreated not to prohibit us from living in safety, you then grant too high a reward to his merits ; for you are bestowing on him that very thing which the republic appeared to possess in consequence of his conduct. Nor does it occur to you, that if Octavius deserves any honours for waging war against Antony, the Roman people could then never bestow on those who eradicated that evil, and of whom these are the relics, anything with which their merit could be compensated, even if it were to heap upon them all honours and rewards at once. Bik see how much more lively men's fears are than their recollections, because Antony is alive and in arms ; but with respect to Caesar, all ! that was possible, or ought to have been done, has been done ; ; nor can it now be recalled and undone. But is Octavius a I person of such importance, that the Roman people ought to K 2 132 BRUTUS TO CICERO. wait to see what decision he will form respecting us? And are we of so little consequence, that it seems proper to entreat a single individual for our safety? I, however, (to return to that point,) am of such a disposi- tion, that I not only would not address supplications to any one, but would repress those who require supplications to be made to them ; or else I will withdraw from those who are slaves, and fancy that Rome is in any place wherever I am permitted to be free. And I will pity you, in whom neither age, nor honours, nor the example of other men's virtue, can diminish the fond desire of life. For my part, I shall seem to myself to be happy, if I can but perpetually and constantly cherish the persuasion that due gratitude has been shown for my affection for my country. For what is more desirable than for a man, enjoying the recollection of glojrious actions and the possession of liberty, to look down upon human affairs? At all events, I will not yield to those who yield; nor will I be conquered by those who wish themselves to be conquered; and I will make every possible effort and endeavour, and never cease to attempt to free our city from slavery. If that fortune which ought to follow my endeavours shall attend them, we shall all rejoice; if not, at least I myself shall rejoice. For in what acts or meditations can my life be better spent, than in such as have for their object the deliver- ance of my fellow-citizens? You, my dear Cicero, I beg and exhort not to be weary, nor to distrust the event. Ever, in averting present evils, attend also to those which may come hereafter, lest they should make a way for themselves, unless you check them in time. Consider that the bold and free spirit, such as that with which you saved the state when consul, and uphold it now when you are of consular rank, is valueless without consistency and steadiness. I admit, indeed, that the condition of tried, is harder than that of untried virtue; for we expect services from it as debts ; and if any thing turns out unfortunately, we then reproach the possessors of it in a hostile spirit, as though we had been deceived by them. Although, therefore, it is conduct worthy of great praise for Cicero to resist Antony, yet, because his character as consul^ seemed necessarily to promise that he would be of similar character as a consular,^ no man wonders at it. But ^ In suppressing the conspii-acy of Catiline. ^ In resisting Antony. CICERO TO BRUTUS. 133 if the same Cicero should waver in that judgment with regard to others, which he has used with such firmness and magna- nimity in repelling Antony, he will not only deprive himself of all hope of future glory, but will cause even the renown of his past achievements to be forgotten. For nothing is great in itself, except that in which a prin- ciple of sound judgment is visible. And as it becomes no one more than yourself, to be attached to the republic, and to be the defender of its liberties, both from your talents and your actions, and in accordance with the wishes and demands of all men, Octavius must, consequently, not be solicited to allow us to live in safety. Eouse yourself rather, that you may feel convinced that that city, in which you have performed the greatest deeds, will ever be free and honourable, provided that the people have proper leaders to resist the counsels of the unprincipled. LETTER XXIV. Cicero to Brutus, greeting. After I had repeatedly exhorted you by letter to come as soon as possible to the succour of the republic, and to bring your army into Italy, and did not suppose that your own friends had any scruples about the propriety of the measure, I was requested by that most prudent and anxious lady, your mother,^ whose every care is bent upon you and devoted to you, to pay her a visit on the twenty-fifth of July, which I, as I was bound to do, did without hesitation. When I arrived, Casca and Labeo and Scaptius were with her. But she immediately mentioned the business on which she sent for me, and asked me what my opinion was: whether we ought to send for you, and consider such a step to be for your advantage, or whether it would be better for you to delay and remain where you were. I gave such an answer as I ^ Servilia, the mother of Brutus, who is referred to in this letter, had intrigued with Caesar ; so that scandal had even called Brutuu Caesar's son. Brutus appears to have had a great opinion of her abilities, and to have been greatly guided by her in the transactions which fol- lowed upon Caesar's death. 134 CICERO TO BRUTUS. thought most suited to your dignity and reputation ; saying that you should, at the earliest possible moment, bring your aid to the tottering and almost falling repubhc. For what misfortune, do you think, is not to be expected in a war in which the victorious armies declined to pursue a fleeing enemy ;^ in which a general, in the enjoyment of complete safety, of the most ample honours and the most abundant fortune, blessed with a wife and children, near relations of your own,^ declares war against the republic? and during which, (need I add?) amid the great unanimity of senate and people, there is still such a vast amount of evil remaining within the walls? But, at the time that I was writing this, I was afflicted with the utmost grief, because, when the re- public had accepted me as a surety,^ as it were, for this young man, this almost boy, I scarcely thought that I should be able to perform what I had undertaken. And an engagement for another person's principles and sentiments, especially in affairs of preeminent importance, is a graver obligation, and one more difficult to endure, than an engagement for money. For money can be paid, and the loss of property may be borne; but how are you to discharge that for which you have engaged to the state, unless he on whose behalf you made the engagement is willing to allow it to be discharged? Yet I shall be able, as I hope, to hold this youth to his engage- ments, in spite of many that offer resistance to me. For there seems to be in him a good natural disposition; but his age is ductile, and many are ready to lead him astray, who, by holding out to him the splendour of false honour, think that the perspicacity of his judgment may be dazzled. To my other troubles, therefore, is added the labour also of using every contrivance to keep the young man to his duty, that I may not incur the imputation of rashness. And yet what rashness is it? For I have bound him for whom I have become surety, rather than myself. JSTor is it possible that the republic should repent that I have become surety for him, since in his conduct he has grown more ^ This alludes, observes Middleton, to Octavius, who, with Decimua Brutus, forbore to pursue Antony after the battle at Mutina. 2 This refers to Lepidus, whose wife was the sister of Brutus. ^ When Cicero speaks of being surety for Octavius, he refers to the Fifth Philippic, c. 8. Octavius was at this time only twenty years of age. CICERO TO BRUTUS. 135 steady, not only from his natural disposition, but in conse- quence also of my promise. However, if I am not mistaken, the greatest difficulty in the republic is the want of pecuniary resources; for the re- spectable classes stop their ears more and more daily against the call for tribute ;^ because that which was collected by the tax of one per cent.,^ where the rich were iniquitously rated, has all been spent in rewards to the legions. Boundless expenses also threaten us, both for those armies with which we are now defended, and also for yours ; as to Cassius, he seems likely to come sufficiently provided. But I wish to discuss these and many other matters m conversa- tion with you ; and I trust to do so very soon. With respect to your sister's sons, my dear Brutus, I did not wait for you to write to me. Doubtless the times them- selves (for this war is sure to be protracted) reserve the whole aifair for you.^ But, from the very first, when I could form no conjecture with respect to the duration of the war, I pleaded the cause of the boys in the senate with such earnest- ness as I suppose you have already understood from their mother's letters. Nor shall there ever be any matter in which, even at the peril of my life, I will not both do and say what I think that you wish, and what I conceive to be for your advantage. Farewell. The 27th of July. ^ This tribute seems to have been a sort of capitation tax, propor- tioned to each man's substance, and had been wholly disused in Kome ever since the conquest of Macedonia by Paullus ^milius, which pro- duced a revenue sufficient to ease the republic ever after from that burden, until the present necessity obliged them to renew it. Phn. H. iN". xxxiii. 3. Middleton. 2 1 per cent, a month. ^ Cicero, perceiving Brutus's great tenderness for his sister's chil- dren, puts him here again in mind that before the receipt even of his letters, he 'aad been using his authority with the senate to make that matter easj to them; but that, without any endeavours of his, the times then:selves would throw the affair into his hands whenever he should come into Italy, since the war, by the treachery of Lepidus, wa? DOW likely to be carried into length. Middleton. 136 CICERO TO OCTAVIUS. LETTER XXV. Cicero to Octavius, greeting} Had permission been allowed me by your legions, which are most hostile to my name and to the Roman people, to come into the senate and discuss the affairs of the republic before that assembly, I should have done so ; and that not so much from inclination as from necessity; for no remedies which are applied to wounds cause such severe pain as those which tend to effect a complete cure. But since the senate is surrounded with armed men, it cannot honestly come to any decision but that it is afraid : (there are the standards of armies in the capitol; soldiers are strolling about the city;^ a camp is pitched in the Campus Martins; and all Italy is occupied in every quarter by legions raised to protect our liberties, but brought hither to enslave us, and by the cavalry of foreign nations :) I will for the present yield to you the forum, and the senate-house, and the most sacred temples of the immortal gods, in which (liberty, that revived for a time, being now again put down) the senate is consulted about nothing, fears much, and agrees to everything. In a short time, if the times should require such a step, I will also depart from the city, which, having been saved by me, in order that it might be free, I shall not endure to see in slavery. I shall be willing even to depart from life, which, although it is full of anxiety, yet, as long as it is likely to be of service to the state, consoles me with favourable hopes of a fair reputation with posterity ; but should those hopes be taken away, I shall die without hesitation; and I shall depart in such a manner, that good fortune shall appear to have been wanting to my judgment, rather than courage to myself But this one thing, which is at once an indication of my present distress, an evidence of the past injustice with which ^ Midcileton himself gives up this letter as spurious, chiefly because he fancies that the style is inferior to others of Cicero's letters. " In short, it is no epistle, but the declamation of some boy \enting his indignation, and trying, under the person of Cicero, how weil he could harangue on the perfidy and ingratitude of Octavius." — Middleton*s Preface to the Epistles to Quintus and Brutus. 2 It was contrary to the Roman constitution and laws to introduce the legions into the city. CICERO TO OCTAVIUS. 137 [ have been treated, and a proof of my feeling for those from whom I am separated, I will not omit to mention, in order that since I am forbidden to do so while present, I may be of service in my absence : if indeed my personal safety is either useful to the commonwealth, or at the least connected with the public safety. For. by the faith of the immortal gods, (unless haply I appeal to those in vain whose ears apd minds are alienated from us.) and by the fortune of the Roman people, (which although it is now unfavourable to us, was at one time, and, as I trust, will again be propitious.) who is there so devoid of humanity, who so bitterly hostile to the name of this city, and to the homes of the citizens, as to be able either to conceal his grief, or to feel none, at such events as these ? Or who, if he cannot by any means remedy the public miseries, would not withdraw from his own share in the danger by death? For, that I may begin at the beginning, and proceed to the end, and compare the last events with the first, what day, as it has arrived, has not been more miserable than the preced- ing one? And what successive hour has not been more full of calamities to the Eoman people than that which was before it? Mark Antony, a man of the greatest courage, (would that he had also been a man of wise counsels !) after Caius Csesar had been removed (bravely, indeed, but far from for- tunately) from the dominion which he was exercising over the republic, had become eager to obtain a more king-like authority than a free city could possibly endure. He squan- dered the public money; he drained the treasury; he dimi- nished the revenues; he lavished the freedom of the city in every direction, in professed compliance with Caesar's will; he exercised a dictatorship ; he imposed laws ; he prevented a dictator from being appointed by law ; he himself in the senate opposed the decrees of the senate; he desired to en- gross all the provinces to himself. From a man, indeed, by whom Macedonia was despised as a province, though Csesar, when victorious, had taken it for himself, what could we hope or expect? You stood forward as the assertor of our freedom, a most excellent assertor according to your conduct at that time; (would that neither our own opinion, nor your assurances oi good-faith, had deceived us !) and collecting all the vetemn? 138 CICERO TO OCTAVIUS. into one body, and drawing off two of the legions, from menacing the ruin of their country, to contribute to its safety, you suddenly, by your own power, raised up the repub- lic when in great distress and almost overthrown. What at that time did not the senate bestow upon you before you solicited it, more abundantly than you even desired, and with more frequency than you had ventured to hope? It gave you the forces, in order that it might have a defender armed with authority, not that it might arm an adversary with military power against itself It gave you the title of Imperator, after the army of the enemy ^ had been routed, assigning you honour, and not intending that that army, fleeing and routed, should confer such a title on you by its utter defeat. It voted you a statue in the forum, a place in the senate, the highest honours in the state, before you arrived at the legal age for them. If there is anything else which can be bestowed on you, let it add that ; but what is there beyond this that you can wish to receive? If, however, everything has been bestowed on you without any regard to your age, or to precedent, or even to the fact that you are a mortal man, why do you so cruelly, if un- grateful, so wickedly, if forgetful of the benefits heaped upon you, thus seek to cripple the power of the senate? Whither have we sent you? from whom are you returning? Against whom is it that we have armed you? Against whom is it that you are thinking of waging war? From whom are you leading away your army? Against whom are you marshalling your troops? Why is any enemy left? Why is a citizen re- garded as an enemy? Why, in the middle of your march, is your camp moved further from that of the enemy, and nearer to the city? Alas me! never really wise, though at one time vainly thought to be that which I was not, how greatly, Roman people, has your opinion of me deceived you ! Alas for my unfortunate and rash old age ! Alas for my grey hairs, dis- honoured at the end of a life deprived of judgment! It was I that incited the conscript fathers to the ruin of their country ; it was I that deceived the republic. It was I my- self that persuaded the senate to lay violent hands on its own ^ The army of Antony, defeated at the battle of Mutina. CICERO TO OCTAVIUS. 139 existencGj when I called you a Junonian^ youth, and the golden offspring of your mother. But the fates of your native land pointed you out as its future Paris, one who should lay waste the city with conflagration, Italy with war ; one who should pitch his camp in the temples of the immor- tal gods, and hold the senate m his camp. Alas ! for the miserable change in the affairs of the com- monwealth, so rapid and sudden, so different from all former circumstances ! What writer will ever exist of such genius, as to be able so to give an account of these events that they shall appear to be facts and not fictions? What reader will ever exist of so credulous a disposition, as not to think those things akin to fable which will then be handed down in our records with the greatest truth? For reflect that Antony was pronounced a public enemy; that the consul elect, the very father of the republic, was besieged by him ; that you went forth to deliver the consul and to crush the enemy; that the enemy was routed by you, and the consul delivered from his state of siege; then, that a short time afterwards that very enemy who had been routed was sent for by you, and united as a coheir with you to seize the goods of the Eoman people, as if the republic had been dead; that the consul , elect was again blockaded in a place where he defended him- self, not with walls, but with rivers and mountains : — Who will attempt to relate such events as these? Who will dare to believe them? It may indeed be permitted to a man to have erred once with impunity ; and a frank confession may be an excuse for an offender ; for I will speak the truth ;• I would rather, Antony, that we had not driven you away when you were our master, than that we should receive this youth in that character ! Not that any slavery is desirable, hut because the fortune of the slave is more or less dis- honourable according to the dignity of his master ; and of two evils, while we have to avoid the greater, we must choose the less. Antony, however, condescended to obtain by entreaty the things which he wished to appropriate ; you, Octavius, extort them by force. He applied for a province legitimately, as a ^ Either because Mars, the god of war, was the son of Juno ; or because all the sons of Juno were godlike beings. Facciol. in voc. Junonius. 140 CICERO TO OCTAVIUS. consul ; you coveted one, though invested with no office. He erected tribunals, and passed laws, to ensure the safety of the wicked; you do so to procure the destruction of the most virtuous. He protected the capital from bloodshed and from conflagration at the hands of slaves; you wish to destroy everything, and bury it under blood and flame. If he acted as a king, who assigned provinces to Cassius and the Bruti, and those other protectors of our name, what will he do who seeks to rob them of life? If he who drove them out of the city was a tyrant, what shall we call him who does not leave them even a place to live in exile? If, therefore, there is any sense at all in those buried re- mains of our ancestors ; if all sense and feeling is not con- sumed in the same fire with the body; w^hat, if they should ask what the Roman people are now doing, — what, I say, will any one of us reply who next takes his departure to those eternal mansions'? Or what account will those ancient heroes of our race, the Africani, the Fabii, the Paulli, and the Scipios, receive of their posterity? What will they fear concerning their country, which they themselves decorated with spoils and triumphs? Will any one venture to tell them that there is a certain young man, about eighteen years old, whose grandfather was a banker, whose father was a mere hack bail, each of them subsisting on precarious sources of livelihood ; the one continuing such practices till his old age, so that he cannot deny it ; the other beginning them in his boyhood, so that it is impossible for him not to confess it: that this youth is plundering and ravaging the republic ; a youth to w^hom no valour, no provinces reduced in war and annexed to the empire, no dignity on the part of his ances- tors, had attached the assistance of the powerful, but whose beauty, by infamous practices, had gained him money, and caused, in his person, a respectable name to be polluted with licentiousness; that he had collected the veteran gladiators of Julius, worn out with wounds and age, the needy relics of the school of Csesar, to take up arms again, surrounded with whom he might throw everything into confusion, show pity for no one, and live for himself alone; a youth who obtained possession of the republic as if it were a dowry settled on him at his marriage, or bequeathed to him by will? The two Decii will hear that those citizens are now slaves, I ... CICERO TO OCTAVIUS. 141 to secure whose dominion over their enemies they devoted themselves to death as the only means of victory. Caius Marius will hear that we are under the orders of a licentious master ; he who would not keep even a private soldier of loose character in his army. Brutus will hear that that people, whom he himself in the first instance, and whom his posterity in a subsequent age, emancipated from kingly power, is now surrendered to slavery as the price of shameless debauchery. If this intelligence is conveyed to them by no one else, it shall certainly be soon conveyed to them by me; for if, while alive, I shall be unable to escape those evils, I have determined to flee from them by quitting life at the same time. CICERO'S DIALOGUES DE OEATORE; OR, OX THE CHARACTER OF THE ORATOR. V BOOK I. THE ARGUMENT. N^ These Dialogues were written, or at least published, by Cicero in the year B.C. 55, when he was about fifty -two years old, in the second consulship of Pompey and Crassus. He composed them at the re- quest of his brother Quintus, in order that he might set forth in better form, at a more advanced period of life, and after his long experience, those opinions on oratory which he had somewhat hastily and crudely advanced in his early years in his books on Invention. The Dialogues are supposed to have been held B.C. 91, when there were great contentions at Rome respecting the proposal of the tribune Marcus Livius Drusus to allow the senators, in common with the equites, to be judges on criminal trials. The persons present at the dialogue related in the first book are Lucius Licinius Crassus, Marcus Antonius, his friend, the two most eminent orators of their day; Quintus Mucins Scsevola, the father-in-law of Crassus, who was celebrated for his knowledge of the civil law, and from whom Cicero himself received instruction in his youth ; and two young men, Caius Amelius Cotta, and Publius Sulpicius Rufus, youths of much ability and promise, who were anxious to distinguish them- selves in oratory, and for whose instruction the precepts and obser- vations conveyed in the Dialogues are supposed to have been delivered. The scene of the conversations is the Tusculan villa of Crassus, to which he had retired from the tumults at Rome, and where he was joined by the rest of the party. \v The object of Cicero, in these books, was to set before his reader all that was important in the rhetorical treatises of Aristotle, Isocrates, and other ancient writers on oratory, divested of technicalities, and presented in a pleasing form. Crassus and Antonius, in the first book, discourse on all the qualifica- -v,^^ tions of a perfect orator, Crassus being the exponent of the senti- ments of Cicero himself, and maintaining that a complete orator must be acquainted with the whole circle of art and science. Antonius expresses his opinion that far less learning is required in the orator than Crassus supposes, and that, as universal knowledge C. I.] DE ORATORE. 143 is unattainable, it will be well for him not to attempt to acquire too much, as he will thus only distract his thoughts, and render himself less capable of attaining excellence in speaking, than if, contenting himself with moderate acquirements, he devoted his attention chiefly to the improvement of his natural talents and qualifications for oratory. Cicero bestowed great consideration on the work, and had it long in hand. Ep. ad Att iv. 12. See also Ad Att. iv. 16; xiii. 19; Ad Fam. i. 9. I. As I frequently contemplate and call to mind the times of oldj those in general seem to me, brother Quintus, to have been supremely happy, who, while they were distinguished with honours and the glory of their actions in the best days-^ of the republic, were enabled to pursue such a course of Hfe, that they could continue either in employment without danger, or in retirement with dignity. To myself, also, there was a time^ when I thought that a season for relaxation, and for turning my thoughts again to the noble studies once pursued by both of us, would be fairly allowable, and be conceded by almost every one; if the infinite labour of forensic business and the occupations of ambition should be brought to a stand, either by the completion of my course of honours,^ or by the decline of age. Such expectations, with regard to my studies and designs, not only the severe cala- mities resulting from public occurrences, but a variety of our own private troubles,^ have disappointed. For in that period,^ which seemed likely to offer most quiet and tran- quillity, the greatest pressures of trouble and the most turbulent storms arose. Nor to our washes and earnest desires has the enjoyment of leisure been granted, to culti- vate and revive between ourselves those studies to which we have from early youth been addicted. For at our first entrance into life we fell amidst the perturbation^ of all ^ After his consulship, A.u.c. 691, in the forty-fourth year of his age. ^ There was a certain course of honours through which the Eomans passed. After attaining the quaestorship, they aspired to the sedileship, and then to the prcctorship and consulate. Cicero was augur, quaestor, sedile, praetor, consul, and proconsul of Asia. Proust. ^ He refers to his exile, and the proposed union between Caesar and Pompey to make themselves masters ot the whole commonwealth; a matter to which he was unwilling to allude more plainly. Ellendt. * Qui locus. Quae vitae pars. Prouat. - The civil wais of Marius and Sylla. Ellendt. 144 DB obatore; or, [b. l ancient order; in my consulship we were involved in strug- gles and the hazard of everything;^ and all the time since that consulship we have had to make opposition to those waves which, prevented by my efforts from causing a general destruction, have abundantly recoiled upon myself. Yet, amidst the difficulties of affairs, and the straitness of time, I shall endeavour to gratify my love of literature ; and what- ever leisure the malice of enemies, the causes of friends, or the public service will allow me, I shall chiefly devote to writing. As to you, brother, I shall not fail to obey your exhortations and entreaties; for no person can have more influence with me than you have both by authority and affection. II. Here the recollection of an old tradition must be revived in my mind, a recollection not indeed sufficiently distinct, but adapted, I think, so far to reply to what you ask, that you may understand what opinions the most famous and eloquent men entertained respecting the whole art of oratory. For you wish, as you have often said to me. (since what went abroad rough and incomplete^ from our own note- books, when we were boys or^young men, is scarcely worthy of my present standing in life, and that experience which I have gained from so many and such important causes as I have pleaded,) that something more polished and complete should be offered by me on the same subjects ; and you are at times inclined to dissent from me in our disputations on this matter; inasmuch as I consider eloquence to be the offspring of the accomplishments of the most learned men f but you think it must be regarded as independent of ele- gant learning, and attributable to a peculiar kind of talent and practice. Often, indeed, as I review in thought the greatest of man- kind, and those endowed with the highest abilities, it has appeared to me worthy of inquiry what was the cause tliat a greater number of persons have been admirable in every other pursuit than in speaking. For which way soever you direct your view in thought and contemplation, you will see ^ Alluding to the conspiracy of Catiline. 2 The two books De Inventione Ehetoricd. ' Prudentissimorum. Equivalent to doctissimorum. Pearce. Some manuscripts have eruditissimorum. C. III. J ON THE CHARACTER OF THE ORATOR. 145 numbers excellent in every species, not only of the humble, but even of the highest arts. Who, indeed, is there, that, if he would measure the qualifications of illustrious men, either by the usefulness or magnitude of their actions, would not prefer a general to an orator? Yet who doubts that we can , produce, from this city alone, almost innumerable excellent^ commanders, while we can number scarcely a few eminent in speaking? There have been many also in our own mengory, and more in that of our fathers, and even of our forefathers, who had abilities to rule and govern affairs of state by their counsel and wisdom; while for a long period no tolerable orators were found, or scarcely one in every age. But lest any one should think that the art of speaking may more justly be compared with other pursuits, which depend upon abstruse studies, and a varied field of learning, than with the merits of a general, or the wisdom of a prudent senator, let him turn his thoughts to those particular sciences themselves, and contemplate who and how many have flourished in them, as he will thus be best enabled to judge how great a scarcity of orators there is and has ever been. III. It does not escape your observation that what the > Greeks call philosophy, is esteemed by the most learned / men, the originator, as it were, and parent of all the arts ' which merit praise; philosophy, I say, in which it is dif&cult to enumerate how many distinguished men there have been, and of how great knowledge, variety, and comprehensiveness in their studies, men who have not confined their labours to one province separately, but have embraced whatever they could master either by scientific investigations, or by pro- cesses of reasoning. Who is ignorant in how great obscurity of matter, in how abstruse, manifold, and subtle an art they who are called mathematicians are engaged? Yet in that pursuit so many men have arrived at excellence, that not one seems to have applied himself to the science in earnest without attaining in it whatever he desired. Who has ever devoted himself wholly to music; who has ever given himself up to the learning which they profess who are called gramma- rians, without compassing, in knowledge and understanding, the whole substance and matter of those sciences, though almost boundless? Of all those who have engaged in the most liberal pursuits and departments of such sciences, I think I L X ( 146 DE ORATORE ; OR, [b. I. may truly say that a smaller number of eminent poets have arisen than of men distinguished in any other branch of litera- ture; and in the whole multitude of the learned, among whom there rarely appears one of the highest excellence, there will be found, if you will but make a careful review of our own list and that of the Greeks, far fewer good orators than good poets. This ought to seem the more wonderful, as attain- ments in other sciences are drawn from recluse and hidden springs; but the whole art of speaking lies before us, and is concerned with common usage and the custom and language of all men ; so that while in other things that is most excel- lent which is most remote from the knowledge and under- standing of the illiterate, it is in speaking even the greatest of faults to vary from the ordinary kind of language, and the practice sanctioned by universal reason. IV. Yet it cannot be said with truth, either that more are devoted to the other arts, or that they are excited by greater pleasure, more abundant hope, or more ample rewards ; for to say nothing of Greece, which was always desirous to hold the first place in eloquence, and Athens, that inventress of all literature, in which the utmost power of oratory was both discovered and brought to perfection, in this very city of ours, assuredly, no studies were ever pursued with more earnestness than those tending to the acquisition of elo- quence. For when our empire over all nations was esta- blished, and after a period of peace had secured tranquillity, . there was scarcely a youth ambitious of praise who did not think that he must strive, with all his endeavours, to attain the art of speaking. For a time, indeed, as being ignorant of all method, and as thinking there was no course of ex- ercise for them, or any precepts of art, they attained what they could by the single force of genius and thought. But afterwards, having heard the Greek orators, and gained an acquaintance with Greek literature, and procured instruc- tors, our countrymen were inflamed with an incredible passion for eloquence. The magnitude, the variety, the mul- titude of all kind of causes, excited them to such a degree, that to that learning which each had acquired by his indi- vidual study, frequent practice^, which was superior to the precepts of all masters, was at once added. There were then, lis there are also now, the highest inducements offered for the C. v.] ON THE CHARACTER OF THE ORATOR. 147 cultivation of this study, in regard to public favour, wealth, and dignity. The abilities of our countrymen (as we may judge from many particulars,) far excelled those of the men of every other nation. For which reasons, who would not justly wonder that in the records of all ages, times, and states, so small a number of orators should be found 1 But the art of eloquence is something greater, and col- lected from more sciences and studies, than people imagine. V. For who can suppose that, amid the greatest multitude of students, the utmost abundance of masters, the most emi- nent geniuses among men, the infinite variety of causes, the most ample rewards offered to eloquence, there is any other reason to be found for the small number of orators than the incredible magnitude and difficulty of the art-1 A knowledge of a vast number of things is necessary, without which volubility of words is empty and ridiculous ; speech itself is to be formed, not merely by choice, but by carefu^ construction of words ; and all the emotions of the mind, which nature has given to man, must be intimately known ; for all the force and art of speaking must be employed in allaying or exciting the feelings of those who listen. To this must be added a certain portion of grace and wit, learning worthy of a well-bred man, and quickness and brevity in replying as well as attacking, accompanied with a refined decorum and urbanity. Besides, the whole of antiquity and a multitude of examples is to be kept in the memory ; nor is the knowledge of laws in general, or of the civil law in par- ticular, to be neglected. • And why need I add any remarks on delivery itself, which is to be ordered by action of body, by gesture, by look, and by modulation and varia- tion of the voice, the great power of which, alone and in itself, the comparatively trivial art of actors and the stage proves, on which though all bestow their utmost labour to form their look, voice, and gesture, who knows not how few there are, and have ever been, to whom we can attend with patience ? What can I say of that repository for all things, the memory, which, unless it be made the keeper of the matter and words that are the fruits of thought and inven- tion, all the talents of the orator, we see, though they be of the highest degree of excellence, will be of no avail ? Let us then cease to wonder what is the cause of the scarcity of l2 7 148 i>E oratore; or, [b. i. good speakers, since eloquence results from all those quali- fioationSj in each of which singly it is a great merit to labour successfully; and let us rather exhort our children, and others whose glory and honour is dear to us, to contemplate in their minds the full magnitude of the object, and not to trust that they can reach the height at which they aim, by the aid of the precepts, masters, and exercises, that they are all now follow- ing, but to understand that they must adopt others of a different character. VI. In my opinion, indeed, no man can be an orator ^ pobisessed of every praiseworthy accomplishment, unless he ) has attained the knowledge of everything important, and of all liberal arts, for his language must be ornate and copious from knowledge, since, unless there be beneath the surface matter understood and felt by the speaker, oratory becomes an empty and almost puerile flow of words. Yet I will not lay so great a burden upon orators, especially our own, amid so many occupations of public and private life, as to think it allowable for them to be ignorant of nothing; although the qualifications of an orator, and his very pro- fession of speaking well, seem to undertake and promise that he can discourse gracefully and copiously on whatever sub- ject is proposed to him. But because this, I doubt not, will appear to most people an immense and infinite undertaking, and because I see that the Greeks, men amply endowed not only with genius and learning, but also with leisure and appli- cation, have made a kind of partition of the arts, and have not singly laboured in the whole circle of oratory, but have separated from the other parts of rhetoric that department of eloquence which is used in the forum on trials or in deli- berations, and have left this species only to the orator ; I shall not embrace in these books more than has been attri- buted to this kind of speaking^ by the almost unanimous consent of the greatest men, after much examination and discussion of the subject ; and I shall repeat, not a series of precepts drawn from the infancy of our old and boyish learn- ing, but matters which I have heard were formerly argued in a discussion among some of our countrymen who were of the highest eloquence, and of the first rank in every kind ^ Deliberative and judicial oratory ; omitting the epideictic or demon- strative kind. C. VII.] ON THE CHARACTER OF THE ORATOR. 14:9 of dignity. Not that I contemn the instructions which the Greek rhetoricians and teachers have left us, but, as they are already public, and within the reach of all, and can neither be set forth more elegantly, nor explained more clearly by my interpretation, you will, I think, excuse me, my brother, if I prefer to the Greeks the authority of those to whom the utmost merit in eloquence has been allowed by our own countrymen. VII. At the time, then, when the consul Philippus was vehe- mently inveighing against the cause of the nobility, and the tribuneship of Drusus, undertaken to support the authority of the senate, seemed to be shaken and weakened, I was told, I remember, that Lucius Crassus, as if for the purpose of collecting his thoughts, betook himself, dmdng the days of the Roman games, to his Tusculan country-seat, whither also Quintus Mucins, who had been his father-in-law, is said to have xjome at the same time, as well as Marcus Antonius, a sharer in all the political proceedings of Crassus, and united in the closest friendship with him. There went out with Crassus him- self two young men besides, great friends of Drusus, youths of whom our ancestors then entertained sanguine hopes that they would maintain the dignity of their order ; Caius Cotta, who was then a candidate for the tribuneship of the people, and Publius Sulpicius, who was thought likely to stand for that office in due course. These, on the first day, conferred much together until very late in the evening, concerning the condition of those times, and the whole com- monwealth, for which purpose they had met. Cotta re- peated to me many things then prophetically lamented and noticed by the three of consular dignity in that conversation \ so that no misfortune afterwards happened to the state which they had not perceived to be hanging over it so long before . and he said that, when this conversation was finished, there was such politeness shown by Crassus, that after they had bathed and sat down to table, all the seriousness of the former discourse was banished ; and there appeared so much plea- santry in him, and so much agreeableness in his humour that though the early part of the day might seem to have been passed by them in the senate-house, the banquet showed all the delights of the Tusculan villa. But on the next day, when the older part of the company 150 DE ORATORE ; OR, [b. I. had taken sufficient repose, and were come to their walk, he told me that Scsevola, after taking two or three turns, said, *' Why should not we, Crassus, imitate Socrates in the Phaedrus of Plato '? ^ for this plane-tree of yours has put me in mind of it, which diffuses its spreading boughs to over- shade this place, not less widely than that did whose covert Socrates sought, and which seems to me to have grown not so much from the rivulet which is described, as from the language of Plato : and what Socrates, with the hardest of feet, used to do, that is, to throw himself on the grass, while he delivered those sentiments which philosophers say were uttered divinely, may surely, with more justice, be allowed to my feet." Then Crassus rejoined, "Nay, we will yet further consult your convenience ;" and called for cushions ; when they all, said Cotta, sat down on the seats that were under the plane-tree. VIII. There, (as Cotta used to relate,) in order that the minds of them all might have some relaxation from their former discourse, Crassus introduced a conversation on the study of oratory. After he had commenced in this manner. That indeed Sulpicius and Cotta did not seem to need his exhortations, but rather both to deserve his praise, as they had already attained such powers as not only to excel their equals in age, but to be admitted to a comparison with their seniors; "Nor does anything seem to me," he added, "more \ noble than to be able to fix the attention of assemblies of ^en by speaking, to fascinate their minds, to direct their passions to whatever object the orator pleases, and to dissuade them from whatsoever he desires. This particular art has constantly flourished above all others in every free state, and ^especially in those which have enjoyed peace and tranquillity, "and has ever exercised great power. For what is so admirable as that, out of an infinite multitude of men, there should arise a single individual, who can alone, or with only a few others, exert effectually that power which nature has granted to all ? Or what is so pleasant to be heard and understood as 1 P. 229. Compare Ruhnken ad Lex. Timaei, v. a/ixcpiAacpSs, and Manutius ad Cic. Div. ii. 11, p. 254. Cicero aptly refers to that dialogue of Plato, because much is said about eloquence in it. The plane-tree was greatly admired by the Romans for its wide-spreading shade. See I. H. Vossius ad Virg. Georg. ii. 70 ; Plin. H. N. xii. 1; xvii. 15 ; Hor. Od. ii. 15. 5; Gronov. Obss. i. 5. Ellendt, C. IX.] ON THE CHARACTER OF THE ORATOR. 151 an oration adorned and polished with wise thoughts and weighty expressions ? Or what is so striking, so astonishing, as that the tumults of the people, the religious feelings of judges, the gravity of the senate, should be swayed by the speech of one man ? Or what, moreover, is so kingly, so liberal, so munificent, as to give assistance to the suppliant, to raise the afflicted, to bestow security, to deliver from dangers, to maintain men in the rights of citizenship ? What, also, is so necessary as to keep arms always ready, with which you may either be protected yourself, or defy the malicious, or avenge yourself when provoked 1 Or consider, (that you may not always contemplate the forum, the benches, the rostra, and the senate,) what can be more delightful in leisure, or more suited to social intercourse, than elegant conversa- tion, betraying no want of intelligence on any subject 1 For it is by this one gift that we are most distinguished from brute animals, that we converse together, and can express our thoughts by speech. Who therefore would not justly make this an object of admiration, and think it worthy of his utmost exertions, to surpass mankind themselves in that single ex- cellence by which they claim their superiority over brutes'? But, that we may notice the most important point of all, what other power could either have assembled mankind, when dispersed, into one place, or have brought them from wild and savage life to the present humane and civilized state of society; or, when cities were established, have described for them laws, judicial institutions, and rights ? And that I may not mention more examples, which are almost without number, I will conclude the subject in one short sentence : for I consider, that by the judgment and wisdom of the perfect orator, not only his own honour, but that of many other individuals, and the welfare of the whole state, are principally upheld. Go on, therefore, as you are doing, young men, and apply earnestly to the study in which you are engaged, that you may be an honour to yourselves, an advantage to your friends, and a benefit to the republic." IX. Scsevola then observed with courtesy, as was always his manner, " I agree with Crassus as to other points (that I may not detract from the art or glory of Lselius, my father-in-law, or of my son-in-law here),^ but I am afraid, ^ Crassiis. 152 DE oratore; or, [b. i. Crassus, that I cannot grant you these two points ; one, that states were, as you said, originally established, and have often been preserved, by orators ; the other, that, setting aside the forum, the assemblies of the people, the courts of judicature, and the senate-house, the orator is, as you pronounced, accom- plished in every subject of conversation and learning. For who will concede to you, either that mankind, dispersed originally in mountains and woods, enclosed themselves in towns and walls, not so much from being convinced by the counsels of the wise, as from being charmed by the speeches of the eloquent '^ Or that other advantages, arising either from the establishment or preservation of states, were settled, not by wise and brave men, but by fluent and elegant speakers'? Does Romulus seem to you to have assembled the shepherds, and those that flocked to him from all parts, or to have formed marriages with the Sabines, or to have repelled the power of the neighbouring people, by eloquence, and not by counsel and eminent wisdom 1 Is there any trace of eloquence apparent in Numa Pompilius, in Servius Tullius, or in the rest of our kings, from whom we have many excel- lent regulations for maintaining our government ? After the kings were expelled (though we see that their expulsion was eflected by the mind of Lucius Brutus, and not by his tongue), we not perceive that all the subsequent transactions are full of wise counsel, but- destitute of all mixture of eloquence? But if I should be inclined to adduce examples from our own and other states, I could cite more instances of mischief than of benefit done to public affairs by men of eminent eloquence; but, to omit others, I think, Crassus, that the most eloquent men I ever heard, except you two,^ were the Sempronii, Tiberius and Caius, whose father, a prudent and grave man, but by no means eloquent, on several other occa- sions, but especially when censor, was of the utmost service to the republic ; and he, not by any faultless flow of speech, but by a word and a nod, transferred the freedmen into the city tribes;^ and, if he had not done so, we should now have ^ Crassus and Antonius. ^ Livy, xlv. 15, says that the freedmen were previously dispersed among all the four city tribes, and that Gracchus included them all in the Esquiline tribe. The object was to allow the freedmen as little influence as possible in voting. C. X.] ox THE CHARACTER OF THE ORATOR. 153 no republic, ^vhich we still maintain with difficulty; but his sons, who were eloquent, and qualified for speaking by all the helps of nature and of learning, having found the state in a most flourishing condition, both through the counsels of their father, and the arms of their ancestors, brought their country, by means of their oratory, that most excellent ruler of states as you call it, to the verge of ruin. X. " Were our ancient laws, and the customs of our an- cestors; were the auspices, over which you, Crassus, and I preside with great security to the republic ; were the reli- gious rites and ceremonies; were the civil laws, the know- ledge of which has long prevailed in our family, (and without any praise for eloquence.) either invented, or understood, or in any way ordered by the tribe of orators 1 I can remember that Servius Galba, a man of godlike power in speaking, as well as Marcus JEmilius Porcina, and Cneius Carbo himself, whom you defeated when you were but a youth,^ was igno- rant of the laws, at a loss in the practices of our ancestors, and unlearned in civil jurisprudence; and, except you, Crassus, who, rather from your own inclination to study, than because it w^as any peculiar business of an orator, have learned the civil law from us, as I am sometimes ashamed to say, this generation of ours is ignorant of law. ^' But what you assumed, as by a law of your own, in the last part of your speech, that an orator is able to speak fluently on any subject, I would not, if I were not here in your own domain, tolerate for a moment, but would head a party who should either oppose you by an interdict,^ or summon you to contend with them at law, for having so unceremoniously invaded the possessions of others. In the first placCj all the Pythagoreans, and the followers of Demo- critus, would institute a suit against you, with the rest of the natural philosophers, each in his own department, men who ^ Caius Papirius Carbo, after having been a very seditions tribune, went over in his consulship to the side of the patricians, and highly extolled Lucius Opimius for killing Caius Gracchus. But, at the ex- piration of his consulship, being impeached by Crassus, on what grounds we do not know, he put himself to death. Cic. Orat. iii. 20, 74 ; Brut. 27, 103. Ellendt. 2 An edict of the praetor forbidding something to be done, in con- tradistinction to a decree, which ordered something to be done. Ellendt refers to Gaius, iv. 139, 160. 154: DE ORATORE j OR, [b. I. are elegant and powerful speakers, with whom you could not contend on equal terms. ^ Whole troops of other philosophers would assail you besides, even down from Socrates their origin and head, and would convince you that you had learned nothing about good and evil in life, nothing about the passions of the mind, nothing about the moral conduct of mankind, nothing about the proper course of life ; they would show you that you have made no due inquiry after know- ledge, and that you know nothing ; and, when they had made an attack upon you altogether, then every sect would bring its separate action against you. The Academy would press you, and, w^hatever you asserted, force you to deny it. Our friends the Stoics would hold you entangled in the snares of their disputations and questions. The Peripatetics would prove that those very aids and ornaments to speaking, which you consider the peculiar property of the orators, must be sought from themselves; and they would show you that Aristotle and Theophrastus have written not only better, but also far more copiously, on these subjects, than all the masters of the art of speaking. I say nothirig of the mathematicians; the grammarians, the musicians, with whose sciences this art of speaking of yours is not connected by the least affinity. I think, therefore, Crassus, that such great and numerous pro- fessions ought not to be made. What you can effect is suf- ficiently great; namely, that in judicial matters the cause which you plead shall seem the better and more probable; that in public assemblies, and in delivering opinions, your oratory shall have the most power to persuade; that, finally, you shall seem to the wise to speak with eloquence, and even to the simple to speak with truth. If you can do more than this, it will appear to me that it is not the orator, but Crassus himself that effects it by the force of talents peculiar to himself, and not common to other orators." XI. Crassus then replied, " I am not ignorant, Scsevola, that things of this sort are commonly asserted and maintained among the Greeks; for I was an auditor of their greatest ^ Justo Sacramento. The sacramentmn was a deposit of a certain sum of money laid down by two parties who were going to law; and when the decision was made, the victorious party received his money back, while that of the defeated party went into the public treasury. Varro, L. L. v. 180 CXI.] ox THE CHARACTER OF THE ORATOR. 155 men, when I came to Athens as quaestor from Macadonia/ and when the Academy was in a flourishing state, as it was represented in those days, for Charmadas, and Chtomachus, and ^schines were in possession of it. There was also Me- trodorus, who, with the others, had been a diligent hearer of the famous Carneades himself, a man beyond all others, as they told me, a most spirited and copious speaker. Mnesar- chus, too, was in great esteem, a hearer of your friend Pansetius, and Diodorus, a scholar of Critolaus the Peri- patetic; and there were many other famous men besides, highly distinguished in philosophy, by all of whom, with one voice as it were, I observed that the orator was repelled from the government of states, excluded from all learning and knowledge of great affairs, and degraded and thrust down into the courts of justice and petty assemblies, as into a workshop. But I neither assented to those men, nor to the originator of these disputations, and by far the most eloquent of them all, the eminently grave and oratorical Plato ; whose Gorgias I then diligently read over at Athens with Char- madas ; from which book I conceived the highest admiration of Plato, as he seemed to me to prove himself an eminent orator, even in ridiculing orators. A controversy indeed on the word orator has long disturbed the minute Grecians, who are fonder of argument than of truth. For if any one pronounces him to be an orator who can speak fluently only on law in general, or on judicial questions, or before the people, or in the senate, he must yet necessarily grant and allow him a variety of talents; for he cannot treat even of these matters with sufficient skill and accuracy without great attention to all public affairs, nor Avithout a knowledge of laws, customs, and equity, nor without understanding the nature and manners of mankind ; and to him who knows these things, without which no one can maintain even the most minute points in judicial pleadings, how much is wanting of the knowledge even of the most important affairs? But if you allow nothing to belong to the orator but to speak aptly, ornately, and copiously, how can he even attain these qualities without that knowledge which you do not allow him'? for there can be no true merit in speaking, unless what is said is ^ Crassus was quaestor in Asia, a.u.c. 645, and, on his return, at the expiration of his office, passed through Macedonia. Eilendt. Id 6 DE ORATORE ; OR, [b. I. thoroughly understood by him who says it. If, therefore, the natural philosopher Democritus spoke with elegance, as he is reported to have spoken, and as it appears to me that he did speak, the matter on which he spoke belonged to the philosopher, but the graceful array of words is to be ascribed to the orator. And if Plato spoke divinely upon subjects most remote from civil controversies, as I grant that he did; if also Aristotle, and Theophrastus, and Carneades, were eloquent, and spoke with sweetness and grace on those matters which they dis- cussed; let the subjects on which they spoke belong to other studies, but their speech itself, surely, is the peculiar offspring of that art of which we are now discoursing and inquiring. For we see that some have reasoned on the same subjects jejunely and drily, as Chrysippus, whom they celebrate as the acutest of philosophers; nor is he on this account to be thought to have been deficient in philosophy, because he did not gain the talent of speaking from an art which is foreign to philosophy. XII. " Where then lies the difference ? Or by what term will you discriminate the fertility and copiousness of speech in those whom I have named, from the barrenness of those who use not this variety and elegance of phrase ] One thing there will certainly be, which those who speak well will exhibit as their own ; a graceful and elegant style, dis- tinguished by a peculiar artifice and polish. But this kind • of diction, if there be not matter beneath it clear and j intelligible to the speaker, must either amount to nothing, or be received with ridicule by all who hear it. For what savours so much of madness, as the empty sound of words, even the ^ (^ ,, choicest and most elegant, when there is no sense or knowledge contained in them 1 Whatever be the subject of a speech, therefore, in whatever art or branch of science, the orator, if he has made himself master of it, as of his client's cause, will speak on it better and more elegantly than even the very originator and author of it can.^ If indeed any one shall say that there are certain trains of thought and reasoning properly belonging to orators, and a knowledge of certain things [circumscribed within the limits of the forum, I will confess that our common speech is employed about these matters chiefly ; but yet there are many things, in ^ See Quintilian, ii. 21. C. XIII.] Ox. _ " CHARACTER OF THE ORATOR. 157 these very topics, which those masters of rhetoric, as they are called, neither teach nor understand. For who s ignorant that the highest power of an orator consists in exciting the minds of men to anger, or to hatred, or to grief, or in recall- ing them from these more violent emotions to gentleness and compassion 1 which power will never be able to effect its ob- ject by eloquence, unless in him who has obtained a thorough insight into the nature of mankind, and all the passions of humanity, and those causes by which our minds are either impelled or restrained. But ail these are thought to belong to the philosophers, nor will the orator, at least with my con- sent, ever deny that such is the case ; but when he has conceded to them the knowledge of things, since they are willing to exhaust their labours on that alone, he will assume to himself the treatment of oratory, which without that yy knowledge is nothing. For the proper concern of an orator/y as I have already often said, is language of power and/ elegance accommodated to the feelings and understandings of mankind. XIII. " On these matters I confess that Aristotle and Theo- phrastus have written.^ But consider, Scsevola, whether this is not wholly in my favour. For I do not borrow from them what the orator possesses in common with them ; but they allow that what they say on these subjects belongs to oratory. Their other treatises, accordingly, they distinguish by the name of the science on which each is written ; their treatises on oratory they entitle and designate as books of rhetoric. For when, in their discussions, (as often happens,) such topics present themselves as require them to speak of the immortal gods, of piety, of concord, of friendship, of the common rights of their fellow-citizens, or those of all mankind, of the law of nations, of equity, of temperance, of greatness of mind, of every kind of virtue, all the academies and schools of philosophy, I imagine, will cry out that all these subjects are their property, and that no particle of them belongs to the orator. But when I have given them liberty to reason on all these subjects in corners to amuse their leisure, I shall give and assign to the orator his part, which is, to set forth with full poAver and attraction the very same topics which they discuss in such tame and bloodless phraseology. These ^ Though they are philosophers, and not orators or rhetoricians. 158 DE ORATORE j OR, [b. I. points I tlten discussed with the philosophers in person at Athens, for Marcus Marcellus, our countryman, who is now curule sedile, obhged me to do so, and he would certainly have taken part in our present conversation, were he not now celebrating the public games ; for he was then a youth mar- vellously given to these studies. ''Of the institution of laws, of war, of peace, of alliances, of tributes, of the civil law as relating to various ranks and ages respectively,^ let the Greeks say, if they will, that Ly- curgus or Solon (although I think that these should be enrolled in the number of the eloquent) had more knowledge than Hypereides or Demosthenes, men of the highest accom- plishments and refinement in oratory ; or let our countrymen prefer, in this sort of knowledge, the Decemviri who wrote the Twelve Tables, and who must have been wise men, to Servius Galba, and your father-in-law Lselius, who are al- lowed to have excelled in the glorious art of speaking. I, indeed, shall never deny that there are some sciences pecu- liarly well understood by those who have applied their whole study to the knowledge and consideration of them ; but the accomplished and complete orator I shall call him who can speak on all subjects with variety and copiousness. XIV. For cften in those causes which all acknowledge properly to belong to orators, there is something to be drawn forth and adopted, not from the routine of the Forum, which is the only knowledge that you grant to the orator, but from some of the more obscure sciences. I ask whether a speech can be made for or against a general, without an acquaintance with military affairs, or often without a knowledge of certain inland and maritime countries'? whether a speech can be made to the people about passing or rejecting laws, or in the senate on any kind of public transactions, without the greatest knowledge and judgment in political matters'? whether a speech can be adapted to excite or calm the thoughts and ^ De jure civili generatim in ordines cetatesqiie descHpto. Instead of civili, the old reading was civium, in accordance with which Lambinus altered descripto into descripto7'um. Civili was an innovation of Ernesti, which Ellendt condemns, and retains civium; observing that Cicero means jura civium publica singulis ordinibus et cetatibus assignata. " By ordines," says Ernesti, " are meant patricians and plebeians, senators, knights, and classes in the census; by cetates, younger paid older persons." C. XV.] ox THE CHABACTER OF THE ORATOR. 159 passions (which alone is a great business of the orator) without a most diligent examination of all those doctrines which are set forth on the nature and manners of men by the philosophers ] I do not know whether I may not be less successful in maintaining what I am going to say; but I shall not hesitate to speak that which I think. Physics, and mathematics, and those other things which you just now decided to belong to other sciences, belong to the peculiar knowledge of those who profess them; but if any one would illustrate those arts by eloquence, he must have recourse to the power of oratory. Nor, if, as is said, Philo,^ the famous architect, who built an arsenal for the Athenians, gave that people an eloquent account of his work, is it to be imagined that his eloquence proceeded from the art of the architect, but from that of the orator. Or, if our friend Marcus Antonius had had to speak for Hermodorus- on the subject of dock- building, he would have spoken, when he had. learned the case fi"om Hermodorus, with elegance and copiousness, drawn from an art quite unconnected with dock-building. And Asclepiades,^ whom we knew^ as a physician and a fi^iend, did not, when he excelled others of his profession in eloquence, employ, in his graceful elocution, the art of physic, but that of oratory. What Socrates used to say, that all men ar^i^^y sufficiently eloquent in that which they understand, is very -^ plausible, but not true. It would have been nearer truth to say, that no man can be eloquent on a subject that he does not understand; and that, if he understands a subject ever' so well, -but is ignorant how to form and polish his speech, he cannot express himself eloquently even about what he does understand. XY. '' If, therefore, any one desires to define and compre- hend the whole and peculiar power of an orator, that man, in my opinion, will be an orator, worthy of so great a name, who, whatever subject comes before him, and requires rheto- rical, elucidation, can speak on it judiciously, in set form, ^ He is frequently mentioned by the ancients ; the passages relating to him have been collected by Junius de Pictura in Catal. Artif. Ernesti. See Plin. H. N. vii. 38 ; Plut. Syll. c. 14 ; Yal. Max. vii. 12. ^ A Roman shipbuilder. See Tumeb. Advers. xi. 2. ^ See Plin. H. X. vii. 37. Celsus often refers to his authority as the founder of a new party. Ellendt. 160 DE oratore; or, [b. i. elegantly, and from memory, and with a certain dignity of action. But if the phrase which I have used, ' on whatevei subject,' is thought by any one too comprehensive, let him retrench and curtail as much of it as he pleases ; but this I will maintain, that though the orator be ignorant of what belongs to other arts and pursuits, and understands only what concerns the discussions and practice of the Forum, yet ■^he has to speak on those arts, he will, when he has learned what pertains to any of them from persons who understand them, discourse upon them much better than the very persons of whom those arts form the peculiar province. Thus, if our friend Sulpicius have to speak on military affairs, he will inquire about them of my kinsman Caius Marius,^ and when he has received information, will speak upon them in such a' manner, that he shall seem to Marius to understand them better than himself Or if he has to speak on the civil law, he will consult with you, and will excel you, though eminently wise and learned in it, in speaking on those very points which he shall have learned from yourself Or if any subject pre- sents itself, requiring him to speak on the nature and vices of men, on desire, on moderation, on continence, on grief, on death, perhaps, if he thinks proper, (though the orator ought to have a knowledge of these things,) he will consult with Sextus Pompeius,^ a man learned in philosophy. But this he will certainly accomplish, that, of whatever matter he gains a knowledge, or from whomsoever, he will speak upon it much more elegantly than the very person from whom he gained the knowledge. But, since philosophy is distinguished into three parts, inquiries into the obscurities of physics, the subtilties of logic, and the knowledge of life and manners, let us, if Sulpicius will listen to me, leave the two former, and consult our ease; but unless we have a knowledge of the third, which has always been the province of the orator, we ^ The son of the great Caius Marius, seven times consul, had married Mucia, the daughter of the augur Scsevola. In Cicero's Oration for Balbus, also, c. 21, 49, where the merits of that eminent commander are celebrated, Crassus is called his affinis, relation by marriage. Henrichsen, ^ The uncle of Cneius Pompey the Great, who had devoted excel- lent talents to the attainment of a thorough knowledge of civil law, geometry, and the doctrines of the Stoics. See Cic. Brut. 47 ; Philipp. xii. 11 ; Beier, ad Off. i. 6, 19. Ellendt, C. XVI.] ON THE CHARACTER OF THE ORATOR. 161 shall leave him nothing in which he can distinguish himself. The part of philosophy, therefore, regarding life and manners, must be thoroughly mastered by the orator; other subjects, even if he has not learned them, he will be able, whenever there is occasion, to adorn by his eloquence, if they are brought before him and made known to him. XVI. ^^For if it is allowed amongst the learned that Aratus, a man ignorant of astronomy, has treated of heaven and the constellations in extremely polished and excellent verses j if K'icander,^ of Colophon, a man totally unconnected with the country, has written well on rural affairs, with the aid of poetical talent, and not from understanding husbandry, what reason is there why an orator should not speak most elo- quently on those matters of which he shall have gained a knowledge for a certain purpose and occasion? For the. poet is nearly allied to the orator; being somewhat more restricted in numbers, but less restrained in the choice of words, yet in many kinds of embellishment his rival and almost equal; in one respect, assuredly, nearly the same, that he circumscribes or bounds his jurisdiction by no limits, but reserves to himself full right to range wherever he pleases with the same ease and liberty. For why did you say, Scsevola,^ that you would not endure, unless you were in my domain, my assertion, that the orator ought to be accom- plished in every style of speaking, and in every part of polite learning? I should certainly not have said this if I had thought myself to be the orator whom I conceive in my imagination. But, as Caius Lucilius used frequently to say (a man not very friendly to you,^ and on that account less familiar with me than he could wish, but a man of learning and good breeding), I am of this opinion, that no one is to"! be numbered among orators who is not thoroughly accom- \ .^ Kicander, a physician, grammarian, and poet, flourislied in the time of Attains, the second king of Pergamus, about fifty years before Christ. His Theriaca and Alexipharmaca are extant ; his Georgica, to ;which Cicero here alludes, has perished. Henrichsen. ^ See c. X. ^ It is Lucilius the Satirist that is meant. "V^^lat cause there had been for unfriendliness between him and Scpevola is unknown ; perhaps be might have spoken too freely, or made some satirical reniaik on the accusation of Scfevola by Albucius for bribery, on which there are some verses in b. iii. c. 43.- Ellendt. 162 DE ORATOREj OR, [b. I. plished in all branches of knowledge requisite for a man of good breeding; and though we may not put forward such Knowledge in conversation, yet it is apparent, and indeed evident, whether we are destitute of it, or have acquired it ; as those who play at tennis do not exhibit, in playing, the gestures of the paleestra, but their movements indicate whe- ther they have learned those exercises or are unacquainted with them; and as those who shape out anything, though they do not then exercise the art of painting, yet make it clear whether they can paint or not ; so in orations to courts of justice, before the people, and in the senate, although other sciences have no pecidiar place in them, yet is it easily proved whether he who speaks has only been exercised in the parade of declamation, or has devoted himself to oratory after having been instructed in all liberal knowledge." XVII. Then Scsevola, smiling, said : ^' I will not struggle with you any longer, Crassus ; for you have, by some artifice, made good what you asserted against me, so as to grant me whatever I refused to allow to the orator, and yet so as to wrest from me those very things again I know not how, and to transfer them to the orator as his property.^ When I went as praetor to Rhodes, and communicated to Apol- lonius, that famous instructor in this profession, what I had learned from Paneetius, Apollonius, as was his manner, ridi- culed these matters,^ threw contempt upon philosophy, and made many other observations with less wisdom than wit; but your remarks were of such a kind as not to express con- tempt for any arts or sciences, but to admit that they are all attendants and handmaids of the orator; and if ever any one should comprehend them all, and the same person should add to that knowledge the powers of supremely elegant oratory, I cannot but say that he would be a man of high distinction ^ You granted me all that I desired when you said that all arts and sciences belong, as it were, respectively to those who have invented, or profess, or study them ; . . . . but when you said that those arts and sciences are necessary to the orator, and that he can speak upon them, if he wishes, with more elegance and effect than those who have made them their peculiar study, you seemed to take them all from me again, and to transfer them to the orator as his own property. Proust. 2 Orellius reads Hcec — irrisit, where the reader will observe that the pronoun is governed by the verb. Ellendt and some others read Qucb instead of Hcec. Several alterations have been proposed, but none of them bring the sentence into a satisfactory state. C. SVlII.j ON THE CHARACTER OF THE ORATOR. lf^3 and worthy of the greatest admiration. But if there should be such a one, or indeed has ever been, or can possibly be, you alone would be the person; who, not only in my judg- ment, but in that of all men, have hardly left to other orators (I speak it with deference to this company) any glory to be acquired. If, however, there is in yourself no deficiency of knowledge pertaining to judicial and political affairs, and yet you have not mastered all that additional learning which you assign to the complete orator, let us consider whe- ther you do not attribute to him more than possibility and truth itself will allow." Here Crassus rejoined : " Remember that I have not been speaking of my own talents, but of those of the true orator. For what have I either learned or had a possibility of knowing, who entered upon pleading before I had any instruction ; whom the pressure of business overtasked amidst the occupations of the forum, of canvassing, of public affairs, and the management of the causes of friends, before I could form any true notion of the importance of such great employments'? But if there seem to you to be so much in me, to whom, though capacity, as you think, may not greatly have been wanting, yet to whom leai'ning, leisure, and that keen application to study which is so necessary, have certainly been wanting, what do you think would be the case if those acquirements, which I have not gained, should be united to some greater genius than mine*? How able, how gi'eat an orator, do you think, would he prove?" XYIII. Antonius then observed : " You prove to me, Crassus, what you advance ; nor do I doubt that he will have a far greater fund of eloquence who shall have learned the reason and nature of everything and of all sciences. But, in the first place, this is difficult to be achieved, especially in such a life as ours and such occupations; and next, it is to be feared that we may, by such studies, be drawn away from our exercise and practice of speaking before the people and in the forum. The eloquence of those men whom you mentioned a little before, seems to me to be of a quite dif- ferent sort, though they speak with grace and dignity, as well on the nature of things as on human life. Theirs is a neat and florid kind of language, but more adapted for parade and exercise in the schools, than for these tumults of the city and forum. For when I, who late in life, and then but m2 164 DE ORATORE j OR, [b. I. lightly, touched upon Greek learning, was going as proconsul into Cilicia, and had arrived at Athens^ I waited there several days on account of the difficulty of sailing; and as I had every day with me the most learned men, nearly the same that you have just now named, and a report, I know not how, had spread amongst them that I, like you, was versed in causes of great importance, every one, according to his abilities, took occasion to discourse upon the office and art of an orator. Some of them, as Mnesarchus himself, said, that those whom we call orators were nothing but a set of me- chanics with glib and well-practised tongues, but that no one could be an orator but a man of true wisdom ; and that eloquence itself, as it consisted in the art of speaking well, was a kind of virtue,^ and that he who possessed one virtue possessed all, and that virtues were in themselves equal and alike ; and thus he who was eloquent possessed all virtues, and was a man of true wisdom. But their phraseology was in- tricate and dry, and quite unsuited to my taste. Charmadas indeed spoke much more diffusely on those topics ; not that he delivered his own opinion (for it is the hereditary custom of every one in the Academy to take the part of opponents to all in their disputations), but what he chiefly signified was, that those who were called rhetoricians, and laid down rules for the art of speaking, understood nothing; and that no man could attain any command of eloquence who had not mastered the doctrines of the philosophers. XIX. ^^ Certain men of eloquence at Athens, versed in public affairs and judicial pleadings, disputed on the other side j among whom was Menedemus, lately my guest at Rome ; but when he had observed that there is a sort of wisdom which is employed in inquiring into the methods of settling and managing governments, he, though a ready speaker^ was promptly attacked by the other,^ a man of abundant learning, and of an almost incredible variety and copiousness of argu- ment; who maintained that every portion of such wisdom must be derived from philosophy, and that whatever was established in a state concerning the immortal gods, the dis- cipline of youth, justice, patience, temperance, moderation in everything, and other matters, without which states would ^ The Stoics called eloquence one of their virtues. See Quintilian, ii. 20. ^ Charmadas. C. XX.] ox THE OHiKACTER OF THE ORATOR. 165 either not subsist at all, or be corrupt in morals, was nowhere to be found in the petty treatises of the rhetoricians. For if those teachers of rhetoric included in their art such a mul- titude of the most important subjects, why, he asked, were their books crammed with rules about proems and perorations, and such trifles (for so he called them), while about the modelling of states, the composition of laws, about equity, justice, integrity, about mastering the appetites, and forming the morals of mankind, not one single syllable was to be found in their pages ? Their precepts he ridiculed in such a manner, as to show that the teachers were not only desti- tute of the knowledge which they arrogated to themselves, but that they did not even know the proper art and method of speaking; for he thought that the principal business of an orator was, that he might appear to those to whom he spoke\ to be such as he would wish to appear (that this was to be attained by a life of good reputation, on which those teachers / of rhetoric had laid down nothing in their precepts); and that the minds of the audience should be affected in such a manner as the orator would have them to be affected, an object, also, which could by no means be attained, unless the speaker understood by what methods, by what arguments, and by what sort of language the minds of men are moved in any particular direction; but that these matters were involved and concealed in the profoundest doctrines of phi- losophy, which these rhetoricians had not touched even with the extremity of their lips. These assertions Menedemus endeavoured to refute, but rather by authorities than by arguments ; for, repeating from memory many noble passages from the orations of Demosthenes, he showed that that orator, while he swayed the minds of judges or of the people by his eloquence, was not ignorant by what means he attained his end, which Charmadas denied that any one could know without philosophy. XX. " To this Charmadas replied, that he did not deny that Demosthenes was possessed of consummate ability and the utmost energy of eloquence; but whether he had these powers from natural genius, or because he was, as was acknowledged, a diligent hearer of Plato, it was not what Demosthenes could do, but what the rhetoricians taught, that was the subject of inquiry. Sometimes too tie was 168 DE ORATOREj OR, [b. I. carried so far by the drift of his discourse, as to maintain that there was no art at ail in speaking; and having shown by various arguments that we are so formed by nature as to be able to flatter, and to insinuate ourselves, as suppliants, into the favour of those from whom we wish to obtain any- thing, as well as to terrify our enemies by menaces, to relate matters of fact, to confirm what we assert, to refute what is said against us, and, finally, to use entreaty or lamentation; particulars in which the whole faculties of the orator are employed; and that practice and exercise sharpened the understanding, and produced fluency of speech, he rested his cause, in conclusion, on a multitude of examples that he adduced; for first, as if stating an indisputable fact,^ he affirmed that no writer on the art of rhetoric was ever even moderately eloquent, going back as far as I know not what \ Corax and Tisias,^ who, he said, appeared to be the in- j venters and first authors of rhetorical science; and then named a vast number of the most eloquent men who had neither learned, nor cared to understand the rules of art, and amongst whom, (whether in jest, or because he thought, or had heard something to that effect,) he instanced me as one who had received none of their instructions, and yet, as he said, had some abilities as a speaker; of which two observations I readily granted the truth of one, that I had never been instructed, but thought that in the other he was either joking with me, or was under some mistake. But he denied there was any art, except such as lay in things that were known and thoroughly understood, things tending to the same object, and never misleading; but that everything treated by the orators was doubtful and uncertain; as it was uttered by those who did not fully understand it, and was heard by them to whom knowledge was not meant to be communicated, but merely false, or at least obscure notions, 1 Quasi deditd opera. As if Charmadas himself had collected all the writers on the art of rhetoric, that he might be in a condition to prove what he now asserted ; or, as if the writers on the art of rhetoric them- selves had purposely abstained from attempting to be eloquent. But Charmadas was very much in the wrong ; for Gorgias, Isocrates, Prota- goras, Theophrastus, and other teachers of rhetoric were eminent for eloquence. FroiLst. '' Two Sicilians, said to have been the most ancient writers on rhetoric. See Quint ilian, iii. 1. C. XXI.] ON THE CHARACTER OF THE ORATOR. 167 intended to live in their minds only for a short time. In short, he seemed bent on convincing me that there was no art of speaking, and that no one could speak skilfully, or so as fully to illustrate a subject, but ©ne who had attained that knowledge which is delivered by the most learned of the philosophers. On which occasions Charmadas used to say, with a passionate admiration of your genius, Crassus, that I appeared to him very easy in listening, and you most pertinacious in disputation. XXI. " Then it was that I, swayed by this opinion, re- marked in a little treatise^ which got abroad, and into people's hands, without my knowledge and against my will, that I had known many good speakers, but never yet any one that was truly eloquent ; for I accounted him a good spealcer, who could express his thoughts with accuracy and perspi- cuity, according to the ordinary judgment of mankind, before an audience of moderate capacity; but I considered him alone eloquent^ who could in a more admirable and noble manner amplify and adorn whatever subjects he chose, and who em- braced in thought and memory all the principles of everything relating to oratory. This, though it may be difficult to us, who, before we begin to speak in public, are overwhelmed by canvassings for office and by the business of the forum, is yet within the range of possibility and the powers of nature. For I, as far as I can divine by conjecture, and as far as I can estimate the abilities of our countrymen, do not despair that there may arise at some time or. other a person, who, when, with a keener devotion to study than we feel, or have ever felt, with more leisure, with better and more mature talent for learning, and with superior labour and industry, he shall have given himself up to hearing, reading, and writing, may become such an orator as we desire to see, — one who may justly be called not only a good speaker, but truly eloquent; and such a character, in my opinion, is our friend Crassus, or some one, if such ever was, of equal genius, who, having heard, read, and written more than Crassus, shall be able to make some little addition to it." Here Sulpicius observed : " That has happened by acci- dent, Crassus, which neither Cotta nor I expected, but which we both earnestly desired, — I mean, that you should in- ^ See c. 47 — Cicero speaks of it as exilis, poor and dry, Brut. 44 ; Orat. 5. 168 DE oratore; or, [b. i. sensibly glide into a discourse of this kind. For, as^ we were coming hither, we thought it would be a pleasure, if, while you were talking on other matters, we might gather some- thing worthy to be remembered from your conversation ; but that you should go into a deep and full discussion on this very study, or art, or faculty, and penetrate into the heart of it, was what we could scarcely venture to hope. For I, who, from my early youth, have felt a strong affection for you both, and even a love for Crassus, having never left his com- pany, could never yet elicit a word from him on the method and art of speaking, though I not only solicited him myself, but endeavoured to move him by the agency of Drusus ; on which subject you, Antonius, (I speak but the truth,) never failed to answer my requests and interrogatories, and have very often told me what you used to notice in speaking. And since each of you has opened a way to these subjects of our research, and since Crassus was the first to commence this discourse, do us the favour to acquaint us fully and exactly what you think about the various kinds of eloquence. If we obtain this indulgence from you, I shall feel the greatest obligation to this school of yours, Crassus, and to your Tus- culan villa, and shall prefer your suburban place of study to the famous Academy and Lyceum." XXII. " Nay rather, Sulpicius," rejoined Crassus, " let us ask Antonius, who is both capable of doing what you desire, and, as I hear you say, has been accustomed to do so. As to myself, I acknowledge that I have ever avoided all such kind of discourse, and have often declined to comply with your requests and solicitations, as you just now observed. This I did, not from pride or want of politeness, nor because I was unwilling to aid your just and commendable aspirations, especially as I knew you to be eminently and above others formed and qualified by nature to become a speaker, but, in truth, from being unaccustomed to such kind of discussions, and from being ignorant of those principles which are laid down as institutes of the art." " Then," said Cotta, ^' since we have got over what we thought the greatest difficulty, to induce you, Crassus, to speak at all upon these subjects, for the rest, it will be our own fault if we let you go before you have explained all that we have to ask." '' I believe I must answer/' says Crassus, " as is usually written in the C. XXII.] ON THE CHARACTER OF THE ORATOR. 1G9 formulae for entering on inheritanceSj^ concerning such points AS I KNOW AND SHALL BE ABLE." " And which of US," rejoined Cotta, '* can be so presuming as to desire to know or to be able to do anything that you do not know or cannot do ? " " Well, then," returned Crassus, " on condition that I may say that I cannot do what I cannot do, and that I may own that I do not know what I do not know, you may put ques- tions to me at your pleasure." " We shall, then, first ask of you," said Sulpicius, " what you think of what Antonius has advanced ; whether you think that there is any art in speak- ing 1 " " What ! " exclaimed Crassus, '^ do you put a trifling question to me, as to some idle and talkative, though perhaps studious and learned Greek, on which I may speak accord- ing to my humour ? When do you imagine that I have ever regarded or thought upon such matters, or have not always rather ridiculed the impudence of those men who, seated in the schools, would demand if any one, in a numxcrous assembly of persons, wished to ask any question, and desire him to speak 1 This Gorgias the Leontine is said to have first done, who was thought to undertake and promise some- thing vast, in pronouncing himself prepared to speak on all subjects on which any one should be inclined to hear him. But afterwards those men made it a common practice, and continue it to this day ; so that there is no topic of such importance, or so unexpected, or so new, on which they do not profess that they will say all that can be said. But if I had thought that you, Cotta, or you, Sulpicius, were desirous to hear such matters, I would have brought hither some Greek to amuse you with their manner of disputation; for there is with M. Piso,^ (a youth already addicted to this intel- lectual exercise, and one of superior talents, and of great affec- tion for me,) the peripatetic Staseas, a man with whom I am well acquainted, and who, as I perceive is agreed amongst the learned, is of the first eminence in his profession." ^ Cretionibus. An heir was allowed a certain time to determine, cernere, whether he would enter upon an estate bequeathed to him, or not. See Cic. ad Att. xi. 12; xiii. 46; Gains, Instit. ii. lt)4 ; Ulpian, Fragm. xxii. 27; Heinecc. Syntagm. ii. 14, 17. 2 Marcus Pupius Piso Calpurnianus, to whom Cicero was introduced by his father, that he might profit by his learning and experience. See Ascon. Pedian. ad Pison. 26 ; Cic. Brut. 67 ; De Nat. Deor, i. 7, 16. 170 DE oratore; or, [b. I. XXIII. "Why do you speak to me," says Scaevola, "of this Staseas, this peripatetic ? You must comply with the wishes of these young gentlemen, Crassus, who do not want the common, profitless talk of any Greek, or any empty declamation of the schools, but desire to know the opinions of a man in whose footsteps they long to tread, — one who is the wisest and most eloquent of all men, who is not dis- tinguished by petty books of precepts, but is the first, both in judgment and oratory, in causes of the greatest conse- quence, and in this seat of empire and glory. For my part, as I always thought you a god in eloquence, so I have never attributed to you greater praises for oratory than for polite- ness ; which you ought to show on this occasion especially, and not to decline a discussion on which two young men of such excellent ability invite you to enter." " I am certainly," replied Crassus, " desirous to oblige them, nor shall I think it any trouble to speak briefly, as is my manner, what I think upon any point of the subject. And to their first question, (because I do not think it right for me to neglect your admo- nition, Scsevola,) I answer, that I think there is either no art of speaking at all, or but very little j but that all the disputation about it amongst the learned arises from a difierence of opinion about the word. For if art is to be defined according to what Antonius just now asserted,^ as lying in things thoroughly understood and fully known, such as are abstracted from the caprice of opinion and comprehended in the limits of science, there seems to me to be no art at all in oratory; since all the species of our forensic diction are various, and suited to the common understanding of the people. Yet if those things which have been observed in the practice and method of speaking, have been noted and chronicled by ingenious and skilful men, have been set forth in words, illustrated in their several kinds, and distributed into parts, (as I think may possibly be done,) I do not understand why speaking may not be deemed an art, if not according to the exact definition of Antonius, at least according to common opinion. But whether it be an art, or merely the resemblance of an art, it is not, indeed, to be neglected; yet we must understand that there are other things of more consequence for the attainment of eloquence." 1 Cap. XX. C.XXV.] ox THE CHARACTER OF THE ORATOR. 171 XXiy. Antonius then observed, that he was very strongly of opinion with Crassus ; for he neither adopted such a defini- tion of art as those preferred who attributed all the powers of eloquence to art, nor did he repudiate it entirely, as most of the philosophers had done. " But I imagine, Crassus," added he, " that you will gratify these two young men, if you will spQcify those particulars which you think may be more con- ducive to oratory than art itself." " I will indeed mention them," said he, *' since I have engaged to do so, but must beg Cjou not to publish my trifling remarks; though I will keep myself unJer such restraint as not to seem to speak like a master, or artist, but like one of the number of private citizens, moderately versed in the practice of the forum, and not altogether ignorant ; not to have offered anything from myself, but to have accidentally fallen in with the course of your conversation. Indeed, when I was a candidate for office, I used, at the time of canvassing, to send away Scsevola from me, telling him I wanted to be foolish, that is, to solicit with flattery, a thing that cannot be done to any purpose unless it be done foolishly; and that he was the only man in the world in whose presence I should least like to play the fool ; and yet fortune has appointed him to be a witness and spectator of my folly. ^ For what is more foolish than to speak about speaking, when speaking itself is never otherwise than foolish, ; except it is absolutely necessary I" " Proceed, however, Cras- - sus," said Scaevola; "for I will take upon myself the blame which you fear." XXY. " I am, then, of opinion," said Crassus, ^' that nature and genius in the first place contribute most aid to speaking ; and that to those writers on the art, to whom Antonius just now alluded, it was not skill and method in speaking, but natural talent that was wanting; for there ought to be cer- tain lively powers in the mind^ and understanding, which may be acute to invent, fertile to explain and adorn, and strong and retentive to remember; and if any one imagines that these powers may be acquired by art, (which is false, for ^ See Val. Max. iy. 5. 4. 2 Aninii atque ingenii celeres quidam motus. This sense of raotiis, as Ellendt observes, is borrowed from the Greek Kivqais, by which the philosophers intimated an active power, as, without motion, all things would remain unchanged, and nothing be generated. See Matth. ad Cic. pro Sest. 68, 143. 172 DE oratore; or, [b. i. it is very well if they can be animated and excited by art ; but they certainly cannot by art be ingrafted or instilled, since they are all the gifts of nature,) what will he say of those qualities which are certainly born with the man him- self, volubility of tongue, tone of voice, strength of lungs, and a peculiar conformation and aspect of the whole coun- tenance and body *? I do not say, that art cannot improve in these particulars, (for I am not ignorant that what is good may be made better by education, and what is not very good may be in some degree polished and amended;) but there are some persons so hesitating in their speech, so inhar- monious in their tone of voice, or so unwieldy and rude in the air and movements of their bodies, that, whatever power they possess either from genius or art, they can never be reckoned in the number of accomplished speakers; while there are others so happily qualified in these respects, so eminently adorned with the gifts of nature, that they seem not to have been born like other men, but moulded by some divinity. It is, indeed, a great task and enterprise for a person to undertake and profess, that while every one else is silent, he alone must be heard on the most important sub- jects, and in a large assembly of men; for there is scarcely any one present who is not sharper and quicker to discover defects in the speaker than merits ; and thus whatever offends the hearer effaces the recollection of what is worthy of praise. I do not make these observations for the purpose of altogether deterring young men from the study of oratory, even if they be deficient in some natural endowments. For who does not perceive that to C. Caeliiis, my contemporary, a new man^ the mere mediocrity in speaking, which he was enabled to attain, was a great honour ? Who does not know that Q. Yarius, your equal in age, a clumsy, uncouth man, has obtained his great popularity by the cultivation of such faculties as he has ? XXYI. " But as our inquiry regards the complete orator, we must imagine, in our discussion, an orator from whom every kind of fault is abstracted, and who is adorned with every kind of merit. For if the multitude of suits, if the variety of causes, if the rabble and barbarism of the forum, afford room for even the most wretched speakers, we musJ not, for that reason, take our eyes from the object of out C. XXVI.] ON THE CHARACTER OF THE ORATOR. 173 inquiry. In those arts, in which it is not indispensable usefulness that is sought, but liberal amusement for the mind, how nicely, how almost fastidiously, do we judge ! For there are no suits or controversies which can force men, though they may tolerate indifferent orators in the forum, to endure also bad actors upon the stage. The orator there- fore must take the most studious precaution not merely to satisfy those whom he necessarily must satisfy, but to seem worthy of admiration to those who are at liberty to judge disinterestedly. If you would know what I myself think, I will express to you, my intimate friends, what I have hitherto never mentioned, and thought that I never should mention. To me, those who speak best, and speak with the' utmost ease and grace, apj-ear, if they do not commence' their speeches with some timidity, and show some confusion in the exordium, to have almost lost the sense of shame, though it is impossible that such should not be the case;^ for the better qualified a man is to speak, the more he fears"" the difficulties of speaking, the uncertain success of a speech^'-' and the expectation of the audience. But he who can pro- duce and deliver nothing worthy of his subject, nothing worthy of the name of an orator, nothing worthy the attention of his audience, seems to me, though he be ever so confused while he is speaking, to be downright shameless ; for we ought to avoid a character for shamelessness, not by testifying shame, but by not doing that which does not become us. But the speaker who has no shame (as I see to be the case with many) I regard as deserving, not only of rebuke, but of personal castigation. Indeed, what I often observe in you I rery frequently experience in myself, that I turn pale in the Dutset of my speech, and feel a tremor through my whole thoughts, as it were, and limbs. When I was a young man, I was on one occasion so timid in commencing an accusation, that I owed to Q. Maximus^ the greatest of obligations for immediately dismissing the assembly, as soon as he saw me absolutely disheartened and incapacitated through fear."..; Here they all signified assent, looked significantly at one ^ Tametsi id accidere non potest. " Quamvis id fieri non possit, ut qui optinie dicit, in exordio non perturbetur." Proust. 2 He seems to be Quintus Fabius Maximus Eburnus, who was consul A.u.c. 638, and who, it is probable, presided as prsetor on the occasion of which Crassus speaks. Ellendt. 174. DE OKATOEEj OK, [b. I. .anotherj and began to talk together; for there was a won- /derful modesty in Crassus, which however was not only no \ disadvantage to his oratory, but even an assistance to it, by •giving it the recommendation of probity. V XXYII. Antonius soon after said, " I have often observed, as you mention, Crassus, that both you and other most accomplished orators, although in my opinion none was ever equal to you, have felt some agitation in entering upon their / speeches. When I inquired into the reason of this, and considered why a speaker, the more ability he possessed, felt the greater fear in speaking, I found that there were two causes of such timidity : one, that those whom experience and nature had formed for speaking, well knew that the event of a speech did not always satisfy expectation even in the greatest orators; and thus, as often as they spoke, they feared, not without reason, that what sometimes happened might happen then; the other (of which I am often in the habit of complaining) is, that men, tried and approved in other arts, if they ever do anything with less success than usual, are thought either to have wanted in- clination for it, or to have failed in performing what they knew how to perform from ill health. ' Roscius,' they say, * would not act to-day,' or, ^ he was indisposed.' But if any deficiency is seen in the ora.tor, it is thought to proceed from want of sense ; and want of sense admits of no excuse, because nobody is supposed to have wanted sense because he ^ was in- disposed,' or because ^ such was his inclination.' Thus we undergo a severer judgment in oratory, and judgment is ' pronounced upon us as often as we speak; if an actor is once mistaken in an attitude, he is not immediately con- sidered to be ignorant of attitude in general; but if any fault is found in a speaker, there prevails for ever, or at least for a very long time, a notion of his stupidity. XXYIII. " But in what you observed, as to there being many things in which, unless the orator has a full supply of them from nature, he cannot be much assisted by a master, I agree with you entirely; and, in regard to that point, I have always expressed the highest approbation of that emi- • ., nent teacher, Apollonius of Alabanda,^ who, though he taught ' A town of Caria. The Apollonius mentioned above, c. 17, was Apollonius Moio, a native of Rhodes. Proust, C. XX VIII. J ox THE CHARACTER OF THE ORATOR. 175 for pay, would not suffer such as he judged could never become orators, to lose their labour with him; and he sent them away with exhortations and encouragements to each of them to pursue that peculiar art for which he thought him naturally qualified. To the acquirement of other arts it is sufficient for a person to resemble a man, and to be able to comprehend in his mind, and retain in his memory, what is instilled, or, if he is very dull, inculcated into him ; ho volu- bility of tongue is requisite, no quickness of utterance ; none of those things which Vv'e cannot form for ourselves, aspect, countenance, look^ voice. But in an orator, the acuteness of the logicians, the wisdom of the philosophers, the language almost of poetry, the memory of lawyers, the voice of tra- gedians, the gesture almost of the best actors, is requiredj Nothing therefore is more rarely found among mankind than a consummate orator; for qualifications which professors of other arts are commended for acquiring in a moderate degree, each in his respective pursuit, will not be praised in the orator, unless they are all combined in him in the highest possible excellence." '•'Yet observe," said Crassus, ^^how much more diligence is used in one of the light and trivial arts than in this, which is acknowledged to be of the greatest importance ; for I often hear Roscius say, that ' he could never yet find a scholar that he was thoroughly satisfied with; not that some of them were not worthy of approbation, but because, if they had any fault, he himself could not endure it.' Nothing indeed is so much noticed, or makes an impression of such lasting continuance on the memory, as that in which you give any sort of offence. To judge therefore of the accomplishments of the orator by comparison with this stage-player, do you not observe how everything is done by him unexceptionably ; everything with the utmost grace ; everything in such a way as is becoming, and as moves and delights all? He has accordingly long attained such distinction, that in whatever pursuit a man excels, he is called a Roscius in his art. For my own part, while I desire this finish and perfection in an orator, of which I fall so far short myself, I act audaciously ; for I wish indulgence to be granted to myself, while I grant none to others; for I think that he who has not abilities, who is faulty in action, who, in short, wants a graceful 176 BE ORATOREj OR, [b. L manner, should be sent off, as Apollonius advised, to that for which he has a capacity." XXIX. " Would you then," said Sulpicius, " desire me, or our friend Cotta, to learn the civil law, or the military art?^ for who can ever possibly arrive at that perfection of yours, that high excellence in every accomplishment?" "It was," replied Crassus, ^^ because I knew that there was in both of you excellent and noble talents for oratory, that I have expressed myself fully on these matters; nor have I adapted my remarks more to deter those who had not abilities, than to encourage you who had; and though I perceive in you both consummate capacity and industry, yet I may say that the advantage of personal appearance, on which I have perhaps said more than the Greeks are wont to say, are in you, Sulpicius, even godlike. For any person better qualified for this profession by gracefulness of motion, by his very carriage and figure, or by the fulness and sweetness of his voice, I think that I have never heard speak; endowments which those, to whom they are granted by nature in an inferior degree, may yet succeed in managing, in such measure as they possess them, with judgment and skill, and in such a manner as not to be unbecoming ; for that is what is chiefly to be avoided, and concerning which it is most dif- ficult to give any rules for instruction, not only for me, who talk of these matters like a private citizen, but even for Roscius himself, whom I often hear say, *that the most essential part of art is to be hecoming' which yet is the only thing that cannot be taught by art. But, if it is agreeable, let us change the subject of conversation, and talk like our- selves a little, not like rhetoricians." " By no means," said Cotta, " for we must now intreat you (since you retain us in this study, and do not dismiss us to any other pursuit) to tell us something of your own abilities, whatever they are, in speaking; for we are not inordinately ambitious ; we are satisfied with that mediocrity of eloquence of yours ; and what we inquire of you is (that we may not attain more than that humble degree of oratory at which you have arrived) ^ what you think, since you say that the endow- * The young Roman nobles were accustomed to pursue one of three studies, jurisprudence, eloquence, or war. Proust. ^ Cotta speaks ironically. C. XXXI.] ON THE CHARACTER OF THE ORATOR. 177 ments to be derived from nature are not very deficient in us, we ought to endeavour to acquire in addition." XXX. Crassus, smiling, replied, ^^ What do you think is wanting to you, Cotta, but a passionate inclination, and a sort of ardour like that of love, without which no man will J ever attain anything great in life, and especially such dis- tinction as you desire ? Yet I do not. see that you need any j encouragement to this pursuit; indeed, as you press rather hard even upon me, I consider that you burn with an extra- ordinarily fervent affection for it. But I am aware that a desire to reach any point avails nothing, unless you know what will lead and bring you to the mark at which you aim. Sinc^ therefore you lay but a light burden upon me, and do not question me about the whole art of the orator, but about my own ability, little as it is, I will set before you a course, not very obscure, or very difficult, or grand, or imposing, the course of my own practice, which I was accustomed to pursue when I had opportunity, in my youth, to apply to such studies." ^' day much wished for by us, Cotta ! " exclaimed Sul- picius j " for what I could never obtain, either by entreaty, or stratagem, or scrutiny, (so that I was unable, not only to see what Crassus did, with a view to meditation or composition, but even to gain a notion of it from his secretary and reader, Diphilus.) I hope we have now secured, and that we shall learn from himself all that we have long desired to know." XXXI. "I conceive, however," proceeded Crassus, ^^that when you have heard me, you will not so much admire what I have said, as think that, when you desired to hear, there was no good reason for your desire; for I shall say nothing abstruse, nothing to answer your expectation, nothing either previously unheard by you, or new to any one. In the first place, I will not deny that, as becomes a man well born ; and liberally educated, I learned those trite and common! precepts of teachers in general ; first, that it is the business ' of an orator to speak in a manner adapted to persuade ; next, that every speech is either upon a question concerning a matter in general, without specification of persons or times, or concerning a matter referring to certain persons and times. But that, in either case, whatever falls under controversy, 'the question with regard to it is usually^ whether such a N 178 DE ORATOEEj OR, [b. I. thing has been done, or, if it has been done, of what nature it is, or by what name it should be called; or, as some add, whether it seems to have been done rightly or not. That controversies arise also on the interpretation of writing, in which anything has been expressed ambiguously, or contra- dictorily, or so that what is written is at variance with the writer's evident intention ; and that there are certain lines of argument adapted to all these cases. But that of such sub- jects as are distinct from general questions, part come under the head of judicial proceedings, part under that of delibe- rations ; and that there is a third kind which is employed in praising or censuring particular persons. That there are also certain common places on which we may insist in judicial proceedings, in which equity is the object; others, which we may adopt in deliberations, all which are to be directed to the advantage of those to whom we give counsel; others in panegyric, in which all must be referred to the dignity of the persons commended. That since all the business and art of an orator is divided into five parts,-^ he ought first to find out what he should say; next, to dispose and arrange his matter, not only in a certain order, but with a sort of power and judgment; then to clothe and deck his thoughts with language; then to secure them in his memory; and lastly, to deliver them with dignity and grace. I had learned and understood also, that before we enter upon the main subject, the minds of the audience should be conciliated by an exor- dium; next, that the case should be clearly stated; then, that the point in controversy should be established; then, that what we maintain should be supported by proof, and that whatever was said on the other side should be refuted; and that, in the conclusion of our speech, whatever was in our favour should be amplified and enforced, and whatever made for our adversaries should be weakened and invalidated. XXXII. " 1 had heard also what is taught about the costume of a speech ; in regard to which it is first directed that we should speak correctly and in pure Latin; next, intelligibly and with perspicuity; then gracefully; then suitably to the dignity of the subject, and as it were becom- ingly; and I had made myself acquainted with the rules 1 Invention, disposition, embellislinient. memory, and delivery. See ii. 19. Ellendt. C. XXXIII.] ON THE CHARACTER OF THE ORATOR. 179 relating to every particular. Moreover, I had seen art applied to those things which are properly endowments of nature ; for I had gone over some precepts concerning action, and some concerning artificial memory, which were short indeed, but requiring much exercise; matters on which almost all the learning of those artificial orators is employed ; and if I should say that it is of no assistance, I should say what is not true; for it conveys some hints to admonish the orator, as it were, to what he should refer each part of his speech, and to what points he may direct his view, so as not to wander from the object which he has proposed to himself. Bat I consider that with regard to all precepts the case is this, not that orators by adhering to them have obtained dis- tinction in eloquence; but that certain persons have noticed what men of eloquence practised of their own accord, and formed rules accordingly ; ^ so that eloquence has not sprung from art, but art from eloquence ; not that, as I said before, I entirely reject art, for it is, though not essentially necessary to oratory, yet proper for a man of liberal education to learn. And by you, my young friends, some preliminary exercise must be undergone; though indeed you are already on the course; but those ^ who are to enter upon a race, and those who are preparing for what is to be done in the forum, as their field of battle, may alike previously learn, and try their powers, by practising in sport." "That sort of exercise," said Sulpicius, " is just what we wanted to understand ; but we desire to hear more at large what you have briefly and cursorily delivered concerning ar1>; though such matters are not strange even to us. Of that subject, however, we shall inquire hereafter; at present we wish to know your sen- timents on exercise." XXXIII. '^I like that method," replied Crassus, "which you are accustomed to practise, namely, to lay down a case similar to those which are brought on in the forum, and to ^ Atque id egisse. Most critics have supposed these words in some I "way faulty. Gesner conjectured, atque digessisse; Lambinus, atque in ' artem redegisse ; Ernesti, ad artemque redegisse. Ellendt supposes that i id egisse may mean ei rei operam dedisse. I ^ Sed iis, qui ingrediuntur. Orellius and Ellendt retain this reading, I though Ernesti hr.d long before observed that there is no verb on whici iis can be considcj-ed as dependent, and that we must read ii or hi as a nominative to the following jjossunt. n2 180 DE oratore: or, [b. t. speak upon it, as nearly as possible^ as if it were a real case.^ But in such efforts the generality of students exercise only their voice (and not even that skilfully), and try their strength of lungs, and volubility of tongue, and please them- , selves with a torrent of their own words ; in which exercise ; what they have heard deceives them, that men hy speaking ■ succeed in becoming speakers. For it is truly said also, That A Men hy speaking badly make sure of becoming bad speakers. In those exercises, therefore, although it be useful even fre- quently to speak on the sudden, yet it is more advantageous, after taking time to consider, to speak with greater prepara- tion and accuracy. But the chief point of all is that which (to say the truth) we hardly ever practise (for it requires great labour, which most of us avoid) : I mean, to write as much as possible. Writing is said to be the best and most excellent modeller and teacher of oratory ; and not without reason; for if what is meditated and considered easily surpasses sudden ; and extemporary speech, a constant and diligent habit of writing will surely be of more effect than meditation and consideration itself; since all the arguments relating to the subject on which we write, whether they are suggested by art, or by a certain power of genius and understanding, will present themselves, and occur to us, while we examine and contemplate it in the full light of our intellect ; and all the thoughts and words, which are the most expressive of their ' kind, must of necessity come under and submit to the keen- ness of our judgment while writing; and a fair arrangement ■ and collocation of the words is effected by writing, in a certain rhythm and measure, not poetical, but oratorical. ^ Such are the qualities which bring applause and admiration to good orators ; nor will any man ever attain them, unless after long and great practice in writing, however resolutely he may have exercised himself in extemporary speeches ; and he who comes to speak after practice in writing brings this advantage with him, that though he speak at the call of the moment, yet what he says will bear a resemblance to something written; and if ever, when he comes to speak, he brings anything with him in writing, the rest of his speech, when he departs from what is written, will flow on in a similar strain. As, when ^ Qudm maxime ad veritajtem accommodate, " with as much adapta- tion as possible to truth." C. XXXIV. J ON THE CHARACTER OF THE ORATOR. 181 a boat has once been impelled forward, though the rowers suspend their efforts, the vessel herself still keeps her motion and course during the intermission of the impulse and force of the oars ; so, in a continued stream of oratory, when written matter fails, the rest of the speech maintains a similar flow, being impelled by the resemblance and force acquired from what was written. XXXI Y. ^' But in my daily exercises I used, when a youth, to adopt chiefly that method which I knew that Caius Carbo, my adversary,^ generally practised; which was, that, having selected some nervous piece of poetry, or read over such a portion of a speech as I could retain in my memory, I used to declaim upon what I had been reading in other words, chosen with all the judgment that I possessed. But at length I perceived that in that method there was this inconvenience, that Ennius, if I exercised myself on his verses, or Gracchus, if I laid one of his orations before me, had forestalled such words as were peculiarly appropriate to the subject, and such as were the most elegant and altogether the best; so that, if I used the same words, it profited nothing ; if others, it was even prejudicial to me, as I habituated myself to use such as were less eligible. Afterwards I thought proper, and continued the practice at a rather more advanced age,^ to translate the orations of the best Greek orators;^ by fixing upon which I gained this advantage, that while I rendered into Latin what I had read in Greek, I not only used the best words, and yet such as were of common occurrence, but also formed some words by imitation, which would be new to our countrymen, taking care, however, that they were unob- jectionable. '^ As to the exertion and exercise of the voice, of the breath, of the whole body, and of the tongue itself, they do not so much require art as labour ; but in those matters we ought to be particularly careful whom we imitate and whom we would wish to resemble. Not only orators are to be observed by us, but even actors, lest by vicious habits we contract any awkwardness or ungracefulness. The memory is also to be ^ See c. X. 2 Adolescens, When he imitated the practice of Carbo, he was, he says, adolescentulus. ^ A practice recommended by Quintilian, x. 5. 182 DE ORATORE ; OR, [b. T. ! exercised, by learning accurately by heart as many of om- own . "writings, and those of others, as we can. In exercising the memory, too, I shall not object if you accustom yourself to adopt that plan of referring to places and figures which is taught in treatises on the art.^ Your language must then be brought forth from this domestic and retired exercise, into the midst of the field, into the dust and clamour, into the camp and military array of the forum ; you must acquire practice in everything; you must try the strength of your understanding; and your retired lucubrations must be ex- j posed to the light of reality. The poets must also be studied ; •an acquaintance must be formed with history; the writers and teachers in all .the liberal arts and sciences must be read, and turned over, and must, for the sake of exercise, be praised, interpreted, corrected, censured, refuted; you must dispute on both sides of every question; and whatever may seem maintainable on any point, must be brought forward and" illustrated. The civil law must be thoroughly studied; laws in general must be understood; all antiquity must be known ; the usages of the senate, the nature of our government, the rights of our allies^ our treaties and convention?, and what- ever concerns the interests of the state, must be learned. A certain intellectual grace must also be extracted from every kind of refinement, with which, as with salt, every oration must be seasoned. I have poured forth to you all I had to say, and perhaps any citizen whom you had laid hold of in any company whatever, would have replied to your inquiries , on these subjects equally well." '"^ XXXy. When Crassus had uttered these words a silence ensued. But though enough seemed to have been said in the opinion of the company present, in reference to what had been proposed, yet they thought that he had concluded his speech more abruptly than they could have wished. Scsevola then said, "What is the matter, Cotta? why are you silent? Does nothing more occur to you which you would wish to ask Crassus?" " Nay," rejoined he, "that is the very thing of which I am thinking; for the rapidity of his words was such, and his oration was winged with such speed, that though I perceived its force and energy I could scarcely see ^ This is sufficiently explained in book ii. c. 87. See also Quint. xi. 2. C. XXXV.] ON THE CHARACTER OF THE ORATOR. * 183 its tmck and course; and, as if I had come into some ricli and well-furnished house, where the furniture^ was not un- packed, nor the plate set out, nor the pictures and statues placed in view, but a multitude of all these magnificent things laid up and heaped together; so just now, in the speech of Crassus, I saw his opulence and the riches of his genius, through veils and curtains as it were; but when I desired to take a nearer view, there was scarcely opportunity for taking a glance at them ; I can therefore neither say that I am wholly ignorant of what he possesses, nor that I have plainly ascertained and beheld it." " Then," said Scsevola, " why do you not act in the same way as you would do, if you had really come into a house or villa full of rich fur- niture? If everything was put by as you describe, and you had a great curiosity to see it, you would not hesitate to ask the master to order it to be brought out, especially if he was your friend ; in like manner you will now surely ask Crassus to bring forth into the light that profusion of splendid objects which are his property, (and of which, piled together in one place, we have caught a glimpse, as it were through a lattice,^ as w^e passed by,) and set everything in its proper situation." " I rather ask you, Scsevola," says Cotta, "to do that for me; (for modesty forbids Sulpicius and myself to ask of one of the most eminent of mankind, who has ever held in contempt this kind of disputation, such things as he perhaps regards only as rudiments for children ;) but do you oblige us in this, Scsevola, and prevail on Crassus to unfold and enlarge upon those matters which he has crowded together, and crammed into so small a space in his speech." " Indeed," said Scsevola, '" I desired that before, more upon your account than my own ; nor did I feel so much lono'ing for this discussion from Crassus, as I experience pleasure from his orations in pleading. But now, Crassus, I ask you also on my own account, that since we have so much more leisure than has been allowed us for long time, you would not think it troublesome to complete tlvQ edifice which you have commenced; for I see a finer ^ Veste. Under this word is included tapestry, coverings of conches, and other things of that sort. ^ An illustration, says Proust, borrowed from the practice of trader?, who allow goods, on which they set a high value, to be seen only through. Mtice-work. 184 • DE OKATORE j OR, [B. 1, and better plan of the whole work than I could have ima- gined, and one of which I strongly approve." XXXYI. " I cannot sufficiently wonder," says Crassus, "that even you, Scaevola, should require of me that which I do not understand like those who teach it, and which is of such a nature, that if I understood it ever so well, it would be unworthy of your wisdom and attention." *^Say you so?" replied Sceevola. "If you think it scarcely worthy of my age to listen to those ordinary precepts, commonly known everywhere, can we possibly neglect those other matters which you said must be known by the orator, respecting the dispo- sitions and manners of mankind, the means by which the minds of men are excited or ca-lmed, history, antiquity, the administration of the republic, and finally of our own civil law itself? For I knew that all this science, this abundance of knowledge, was within the compass of your understanding, but had never seen such rich furniture among the equipments of the orator." " Can you then," says Crassus, "(to omit other things in- numerable and without limit, and come to your study, the civil law,) can you account them orators, for whom Scsevola,^ though in haste to go to the Campus Martins, waited several hours, sometimes laughing and sometimes angry, while Hyp- seeus, in the loudest voice, and with a multitude of words, was trying to obtain of Marcus Crassus, the praetor, that the party whom he defended might be allowed to lose his suit; and Cneius Octavius, a man of consular dignity, in a speech of equal length, refused to consent that his adversary should lose his cause, and that the party for whom he was speaking should be released from the ignominious charge of having been un- faithful in his guardianship, and from all trouble, through the folly of his antagonist ?" ^ " I should have thought such ^ Not Quintus Scsevola the augur, the father-in-law of Crassus, in whose presence Crassus is speaking, but another Quintus Scsevola, who was an eminent lawyer, and held the office of pontifex; but at the time to which Crassus alludes he was tribune of the people, B.C. 105. Proust. 2 The cause was as follows : — As Scsevola the pontiff was going into the field of Mars, to the election of consuls, he passed, in his way, through the forum, where he found two orators in much litigation, and blundering grievously through ignorance of the civil law. One of them was Hypsseus, the other Cneius Octavius, who had been consul B.C. 128. Hyps^us was accusing some guardian of mal-administration of the C. XXXVII.] ON THE CHARACTER OF THE ORATOR. 185 men/' replied Scsevola, " (for I remember Mucins^ told me the story,) not only unworthy of the name of orators, but un- worthy even to appear to plead in the forum." "Yet," rejoined Crassus, ^Hhose advocates neither wanted eloquence, nor method, nor abundance of words, but a knowledge of the civil law : for in this case one, in bringing his suit, sought to recover more damages than the law of the Twelve Tables allowed, and, if he had gained those damages, would have lost his cause : the other thought it unj ust that he himself should be proceeded against for more than was allowed in that sort of action, and did not understand that his adversary, if he proceeded in that manner, would lose his suit. XXXYII. " Within these few days,^ while we were sitting fortunes of his ward. This sort of cause was called judicium tutelce. Octavius defended the guardian. The judge of this controversy was Marcus Crassus, then city praetor, B.C. 105. He that was condemned on such a trial, was decreed to pay damages to his ward to the amount of what his affairs had suffered through his means, and, in addition, by the law of the Twelve Tables, was to pay something by way of fine. But if the ward, or his advocate, sought to recover more from the defendant than was due, he lost his cause. Hypsseus proceeded in this manner, and therefore ought to have been nonsuited. Octavius, an unskilful defender of his client, should have rejoiced at this, for if he had made the objection and proved it, he would have obtained his cause ; but he refused to permit Hypsseus to proceed for more than was due, though such proceeding would, by the law, have been fatal to his suit. Proust. ^ Quintus Mucins Scsevola, mentioned in the last note but one. ^ The cause was this. One man owed another a sum of money, to be paid, for instance, in the beginning of January ; the plaintiff would not wait till that time, but brought his action in December; the igno- rant lawyer who was for the defendant, instead of contesting with the plaintiff this point, that he demanded his money before it was due, (which if he had proved, the plaintiff would have lost his cause,) only prayed the benefit of the exception, which forbade an action to be brought for money before the day of payment, and so only put off the cause for that time. This he did not perceive to be a clause inserted for the advantage of the plaintiff, that he might know when to bring his suit. Thus the plaintiff, when the money became due, was at liberty to bring a new action, as if this matter had never come to trial, which action he could never have brought, if the first had been deter- mined on the other point, namely, its having been brought before the money was due ; for then the defendant might have pleaded a former judgment, and precluded the plaintiff from his second action. See Justin. Instit. iv. 13. 5. de re judicata. " Of which sum there is a time for payment," were words of form in the exception from whence it was nominated ; as, " That the matter had before come into judgment," 186 DE oratore; or, [b. i. at the tribunal of our friend Quintus Pompeius, the city praetor, did not a man who is ranked among the eloquent pray that the benefit of the ancient and usual exception, of which sum there is time for payment, might be allowed to a party from whom a sum of money was demanded ; an exception which he did not understand to be made for the benefit of the creditor; so that if the defendant^ had proved to the judge that the action was brought for the money before it became due, the plaintiff,^ on bringing a fresh action, would be pre- cluded by the exception, that the matter had before come into judgment. What more disgraceful therefore can possibly be said or done, than that he who has assumed the character of an advocate, ostensibly to defend the causes and interests of his friends, to assist the distressed, to relieve such as are sick at heart, and to cheer the afflicted, should so err in the slightest and most trivial matters, as to seem an object of. pity to some, and of ridicule to others'? I consider my relation, Publius Crassus, him who from his wealth had the sur- name of Dives,^ to have been, in many other respects, a man of taste and elegance, but especially worthy of praise and commendation on this account, that (as he was the brother of Publius Scsevola) ^ he was accustomed to observe to him, that neither could he^ have satisfied the claims of the civil law if he had not added the power of speaking (which his son here, who was my colleague in the consulate, has fully attained) ; nor had he himself^ begun to practise, and plead the causes of his friends, before he had gained a knoivledge of the civil law, were in the other exception reijudicatce. Proust. £. See Gains, Instit. iv. 131, and Hefffcer, Obs. on Gains, iv. 23, p. 109 seq. Ellendt. ^ Infitiator. The defendant or debtor. 2 Petitor. The plaintiff or creditor. ^ Publius Licinius Crassus Mucianus, son of Publius Mucins Scaevola, who had been adopted into the Licinian family. He was consul with Lucius Valerius Flaccus, a.u.c. 623 But the name of Dives had previously been in the family of the Crassi, for Publius Crassus. who Was consul with Publius Africanus, a.u.c. 549, was so called. Ellendt. ^ By birth. He had his name of Crassus from adoption, as stated in the preceding note. ^ Publius Scsevola, his brother. In the phrase, neque ilium in jure tivili satis illi arti facere posse, the words illi arti are regarded by Ernesti and Orellius as spurious, but Ellendt thinks them genuine, explaining in jure civili by quod ad jus civile attinet. I have followed Orellius and Ernesti in my translation. ^ Publius Crassus. C. XXXVIII. ] ON THE CHARACTER OF THE ORATOR. 1 87 What sort of character was the illustrious Marcus Cato ? Was he not possessed of as great a share of eloquence as those times and that age^ would admit in this city, and at the same time the most learned of all men in the civil law? I have been speaking for some time the more timidly on this point, because there is with us a man^ eminent in speaking, whom I admire as an orator beyond all others; but who has ever held the civil law in contempt. But, as you desired to learn my sentiments and opinions, I will conceal nothing from you, but, as far as I am able, will communicate to you my thoughts upon every subject. XXXYIII. '^ The almost incredible, unparalleled, and divine power of genius in Antonius, appears to me, although wanting in legal knowledge, to be able easily to sustain and defend itself with the aid of other weapons of reason; let him there- fore be an exception; but I shall not hesitate to condemn others, by my sentence, of want of industry in the first place, and of want of modesty in the next. For to flutter about the forum, to loiter in courts of justice and at the tribunals of the praetors, to undertake private suits in matters of the greatest concern, in which the question is often not about fact, but about equity and law, to swagger in causes heard before the centumviri,^ in which the laws of prescriptive rights, of guardianship, of kindred,^ of agnation,^ of alluvions, circumluvions,^ of bonds, of transferring pro- ^ Ilia fempora at que ilia cetas. By tempora is meant the state of the times as to political afiairs ; by cetas, the period of advancement in learning and civilization which Kome had reached. ^ Antonius. ^ A body of inferior judices, chosen three out of each tribe, so that the full number was a hundred and five. They took cognisance of such minor causes as the preetor entrusted to their decision. * Gentilitatum. Kindred or family. Persons of the same family or descent had certain peculiar rights, e.g. in entering upon an inheritance, in undertaking guardianship. In such rights slaves, freedmen, and capite deminuti had no participation. See Cic. Top. 6, 29. Proust. ^ The agnati, as a brother by the same father, a brother's son or grandson, an uncle's son or grandson, had their peculiar rights. See Gains, i. 156. ^ About these, various controversies might arise ; as, when the force of a river has detached a portion from your land, and added it to that of your neighbour, to whom does that portion belong? Or if trees have been carried away from your land to that of your neighbour, and have taken root there, &c. Proust, 188 DE ORATORE j OR, [b. I. perty, of party walls^ lights, stillicidia,'^ of wills, transgressed or established, and innumerable other matters are debated, when a man is utterly ignorant what is properly his own, and what his neighbour's, why any person is considered a citizen or a foreigner, a slave or a freeman, is a proof of extraordinary impudence. It is ridiculous arrogance for a man to confess himself unskilful in navigating smaller vessels, and yet say that he has learned to pilot galleys with five banks of oars, or even larger ships. You who are deceived by a quibble of -your adversary in a private company, you who set your seal to a deed for your client, in which that is written by which he is overreached; can I think that any cause of greater consequence ought to be entrusted to you'? Sooner assuredly shall he who oversets a two-oared boat in the harbour steer the vessel of the Argonauts in the Euxine Sea. '' But what if the causes are not trivial, but often of the utmost importance, in which disputes arise concerning points of civil law ? What front must that advocate have who dares to appear in causes of such a nature without any knowledge of that law? What cause, for instance, could be of more consequence than that of the soldier, of whose death a false report having been brought home from the army, and his father, through giving credit to that report, having altered his will, and appointed another person, whom he thought proper, to be his heir, and having then died himself, the afiair, when the soldier returned home, and instituted a suit for his paternal inheritance, came on to be heard before the centumviri? The point assuredly in that case was a question of civil law, whether a son could be disinherited of his father's possessions, whom the father neither appointed his heir by will, nor disinherited by name?^ ^ When a person was obliged to let the water, which dropped from his house, run into the garden or area of his neighbour ; or to receive the water that fell from his neighbour's house into his area. Adam's Roman Antiquities, p. 49. 2 For he who had a son under his power should have taken care to institute him his heir, or to disinherit him by name ; since if a father pretermitted or passed over his son in silence, the testament was of no effect. Just. Inst. ii. 13. And if the parents disinherited their chil- dren without cause, the civil law was, that they might complain that such testaments were invalid, under colour that their parents were not of sound mind when they made them. Just. Inst. ii. 18. B. C. XXXIX.] ON THE CHARACTER OF THE ORATOR. 189 XXXIX. " On the point too which the centumviri decided between the Marcelli and the Claudii, two patrician families, when the Marcelli said that an estate, which had belonged to the son of a freedman, reverted to them by right of stirps, and the Claudii alleged that the property of the man reverted to them by right of gens, was it not necessary for the pleaders in that cause to speak upon all the rights of stirps and gens .? ^ As to that other matter also, which we have heard was con- tested at law before the centumviri, when an exile came to Eome, (who had the privilege of living in exile at Rome, if he attached himself to any citizen as a patron,) and died in- testate, was not, in a cause of that nature, the law of attach- ment,'^ obscure and indeed unknown, expounded and illustrated by the pleader? When I myself lately defended the cause of Sergius Aurata, on a private suit against our friend Antonius, did not my whole defence turn upon a point of law*? For when Marius Gratidianus had sold a house to Aurata, and had not specified, in the deed of sale, that any part of the building owed service,^ we argued, that for v/hat- ^ The son of a freedman of the Claudian family had died without making a wi]l, and his property fell by law to the Claudii : but there were two families of them, — the Claudii Pulcliri, who were patricians, and the Claudii Marcelli, who were plebeians; and these two families went to law about the possession of the dead man's property. The patrician Claudii (whose family was the eldest of the name) claimed the inheritance by right of genu, on the ground that the freedman was of the gens Claudia, of which their family was the chief ; . . . . while the Claudii Marcelli, or plebeian Claudii, claimed it by right of stirps, on the ground that the freedman was more nearly related to them than to the Pulchri. Fearce. The term gens was used in reference to patri- cians ; that of stirps, to plebeians. Proust. ^ Jus apfjlicationis This was a right which a Roman quasi-patronus had to the estate of a foreign client dying intestate. He was called quasi-pjatronus, because none but Roman citizens could have patrons. The difficulty in this cause proceeded from the obscurity of the law on which this kind of right was founded. ^ The services of city estates are those which appertain to buildings. It is required by city services that neighbours should bear the burdens of neighbours ; and, by such services, one neighbour may be permitted to place a beam upon the wall of another ; may be compelled to receive the droppings and currehts from the gutter-pipes of another man's house upon his own house, area, or sewer ; or may be exempted from receiving them ; or may be restrained from raising his house in height, lest he should darken the habitation of his neighbour. Harris's Jus- tinian, ii. 3. B. 190 BE ORATOREj OR, [b. L ever incumbrance attended the thing sold, if the seller knew of it, and did not make it known, he ought to indemnify the pur chaser.^ In this kind of action our friend Marcus Bucculeiua a man not a fool in my opinion, and very wise in his own, and one who has no aversion to the study of law, made a mistake lately, in an affair of a somewhat similar nature. For when he sold a house to Lucius Fufius, he engaged, in the act of conveyance, that the window-lights should remain as they then were. But Fufius, as soon as a building began to rise in some part of the city, which could but just be seen from that house, brought an action against Bucculeius, on the ground that whatever portion of the sky was intercepted, at however great a distance, the window-light underwent a.change.2 Amidst what a concourse of people too, and with what universal interest, was the famous cause between Manius Curius and Marcus Coponius lately conducted before the cen- tumviri! On which occasion Quintus Scsevola, my equal in age, and my colleague,^ a man of all others the most learned in the practice of the civil law, and of most acute genius and discernment, a speaker most polished and refined in his lan- guage, and indeed, as I am accustomed to remark, the best orator among the lawyers, and the best lawyer among the ^ There is a more particular statement of this cause between Grati- dianus and Aurata in Cicero's Offices, iii. 16. The Eoman law, in that par- ticular founded on the law of nature, ordained, to avoid deceit in bargain and sale, that the seller should give notice of all the bad qualities in^ the thing sold which he knew of, or pay damages to the purchaser for / his silence ; to which law Horace alludes, Sat. iii. 2 : / Mentem nisi litigiosus Exciperet dominus cum venderet. But if he told the faults, or they were such as must be seen by a person using common care, the buyer suffered for his negligence, as Horace again indicates, Epist, ii. 2 : Hie feret pretium poenae securus opinor : Prudens emisti vitiosum. Dicta tibi est Lex. See also Grotius, ii. 12, and Puffendorf, v. 3. s. 4, 5. B. ^ The mistake of Bucculeius seems to have consisted in this; he meant to restrain Fufius from raising the house in height, which might darken, or making any hew windows which might overlook, some neighbouring habitation which belonged to him; but by the use of words adapted by law for another purpose, he restrained himself from building within the prospect of those windows already made in the house which Fufius purchased. B. 3 In the consulship. C. XL.] OX THE CHARACTER OF THE ORATOR. 191 orators, argued the law from the letter of the will, and maintained that he who was appointed second heir, after a posthumous son should be born and die, could not possibly inherit, unless such posthumous son had actually been born, and had died before he came out of tutelage : I, on the other side, argued that he who made the will had this intention, that if there w^as no son at all who could come out of tute- lao:e, Manius Curius should be his heir. Did either of us, in that cause, fail to exert ourselves in citing authorities, and precedents, and forms of wills, that is, to dispute on the pro- foundest points of civil law*?^ XL. " I forbear to mention many examples of causes of the greatest consequence, which are indeed without number. It may often happen that even capital cases may turn upon a point of law ; for, as an example, Publius Kutilius, the son of Marcus, when tribune of the people, ordered Caius Man- cinus, a most noble and excellent man, and of consular dignity, to be put out of the senate; on the occasion when the chief herald had given him up to the Numantines, according to a decree of the senate, passed on account of the odium which he had incurred by his treaty with that people, and they would not receive him,^ and he had then returned home, and had not hesitated to take his place in the senate ; the tribune, I say, ordered him to be put out of the house, maintaining that he was not a citizen ; because it w^as a re- ceived tradition, That he whom his own father, or the people, had sold, or the chief herald had given up, had no postlimi- nium^ or right of return. What more important cause or argument can we find, among all the variety of civil transac- tions, than one concerning the rank, the citizenship, the liberty, the condition of a man of consular dignity, especially as the case depended, not on any charge which he might deny, but on the interpretation of the civil law? In a like case, but concerning a person of inferior degree, it was in- quired among our ancestors, whether, if a person belonging ^ This celebrated cause is so clearly stated by Cicero as to require no explanation. It was gained by Crassus, the evident intention of the testator prevailing over the letter of the wiU. It is quoted as a precedent by Cicero, pro Caecina, c. 18. 2 See Florus, ii. 18 ; Veil. Pat. ii. 1. 3 See Cic. Topic, c. 8; Gaius, i. 129 ; Aul. Gell. vii. 18. 192 DE oratore; or, [b. i. to a state in alliance with Eome had been in servitude amongst us, and gained his freedom, and afterwards returned home, he returned by the right of postliminium, and lost the citizenship of this city. May not a dispute arise on a point of civil law respecting liberty, than which no cause can be of more importance, Avhen the question is, for example, whether he who is enrolled as a citizen, by his master's consent, is free at once, or Avhen the lustrum is completed? As to the case also, that happened in the memory of our fathers, when the father of a family, who had come from Spain to Rome, and had left a wife pregnant in that province, and married another at Eome, without sending any notice of divorce to the former, ^nd died intestate, after a son had been born of each wife, did a small matter come into controversy, when the question was concerning the rights of two citizeus, I mean concerning the boy who was born of the latter wife and his mother, who, if it were adjudged that a divorce was effected from a former wife by a certain set of words, and not by a second marriage, Vwould be deemed a concubine? For a man, then, who is ignorant of these and other similar laws of his own country, to wander about the forum with a great crowd at his heels, erect and haughty, looking hither and thither with a gay and assured face and air, offering and tendering protection to his clients, assistance to his friends, and the light of his genius and counsel to almost all his fellow-citizens, is it not to be bought in the highest degree scandalous? XLI. " Since I have spoken of the audacity, let me also censure the indolence and inertness of mankind. For if the study of the law were illimitable and arduous, yet the great- ness of the advantage ought to impel men to undergo the labour of learning it; but, ye immortal gods, I would not say this in the hearing of Scsevola, unless he himself were accus- tomed to say it, namely, that the attainment of no science seems to him more easy. It is, indeed, for certain reasons, thought otherwise by most people, first, because those of old, who were at the head of this science, would not, for the sake of securing and extending their own influence, allow their art to be made public; in the next place, when it was published, the forms of actions at law being first set forth by Cneius Flavins, there were none who could compose a general system of those matters arranged under regular heads. For nothing C. XLII.] ON THE CHARACTER OF THE ORATOR. 193 can be reduced into a science, unless he who understands the matters of which he would form a science, has previously gained such knowledge as to enable him to constitute a science out of subjects in which there has never yet been any science. I perceive that, from desire to express this briefly, I have expressed it rather obscurely; but I will make an effort to explain myself, if possible, with more perspicuity. XLII. " All things which are now comprised in sciences, were formerly unconnected, and in a state, as it were, of dis- persion; as in music, numbers, sounds, and measures; in geometry, lines, figures, spaces, magnitudes ; in astronomy, the revolution of the heavens, the rising, setting, and other motions of the stars; in grammar, the study of the poets, the knowledge of history, the interpretation of words, the peculiar tone of pronunciation ; and finally, in this very art of oratory, invention, embellishment, arrangement, memory, delivery, seemed of old not to be fully understood by any, and to be wholly unconnected. A certain extrinsic art was therefore applied, adopted from another department of knowledge,^ which the philosophers wholly claim to themselves, an art which might serve to cement things previously separate and uncombined, and unite them in a kind of system. " Let then the end proposed in civil law be the preserva- tion of legitimate and practical equity in the affairs and causes of the citizens. The general heads of it are then to be noted, and reduced to a certain number, as few as may be. A general head is that which comprehends two or more par- ticulars, similar to one another by having something in common, but differing in species. Particulars are included under the general heads from which they spring. All names, which are given either to general heads, or particulars, must be limited by definitions, showing what exact meaning they have. A definition is a short and concise specification of whatever properly belongs to the thing which we would define. I should add examples on these points, were I not sensible to whom my discourse is addressed. I will now comprise what I proposed in a short space. For if I should have leisure to do what I have long meditated, or if any other person should undertake the task while I am occupied, ^ From philosophy. O 194 DE OBATORE j OR, [b. I. or accomplish it after my death, (I mean, to digest, first of all, the whole civil law under general heads, which are very few ; next, to branch out those general heads, as it were, into members; then to explain the peculiar nature of each by ^ definition ;) you will have a complete system of civil law, large and full indeed, but neither difficult nor obscure. In the meantime, while what is unconnected is being combined, a person may, even by gathering here and there, and col- lecting from all parts, be furnished with a competent know- ledge of the civil law. XLIII. '- Do you not observe that Caius Aculeo,^ a Roman knight, a man of the most acute genius in the world, but of little learning in other sciences, who now lives, and has always lived with me, understands the civil law so well, that none even of the most skilful, if you except my friend Scsevola here, can be preferred to him*? Everything in it, indeed, is set plainly before our eyes, connected with our daily habits, with our intercourse among men, and with the forum, and is not contained in a vast quantity of writing, or many large volumes; for the elements that were at first published by several writers are the same; and the same things, with the ^ change of a few words, have been repeatedly written by the i^same authors. Added to this, that the civil law may be more readily learned and understood, there is (what most people little imagine) a wonderful pleasure and delight in acquiring a knowledge of it. For, whether any person is attracted by the study of antiquity,^ there is, in every part of the civil law, in the pontifical books, and in the Twelve ^ This Aculeo married Cicero's aunt by the mother's side, as he tells us in the beginning of the second book of this treatise, c. 1, and his sons by that marriage, cousins to Cicero and his brother Quintus, were all bred up together with them, in a method approved by L. Crassus, the chief character in this dialogue, and by those very masters under whom Crassus himself had been. B, 2 Orellius retains hcec aliena studia in his text, but acknowledgea aliena to be corrupt. Wyttenbach conjectured ahtiqua studia, for antiquitatis studia. Ellendt observes fchat Madvig proposed JElianaf from Lucius ^lius Stilo, the master of Varro, extolled by Cicero, Brut. 56 ; Acad. i. 2, 8 ; Legg. ii. 23. See Suetonius, de 111. Gramm. 0. 3 ; and Aul. Cell. x. 21. This conjecture, says Henrichsen, will suit very well with the word hcac, which Crassus may be supposed to have used, because ^lius Stilo was then alive, and engaged in thost- studies. a XLIV.] ON THE CHARACTER OF THE ORATOR. 195 Tables, abundance of instruction as to ancient matters, since not only the original sense of words is thence understood, but certain kinds of law proceedings illustrate the customs and lives of our ancestors; or if he has a view to the science of government (which Scsevola judges not to belong to the orator, but to science of another sort), he will find it all com- prised in the Twelve Tables, every advantage of civil govern- ment, and every part of it being there described; or if authoritative and vaunting philosophy delight him, (I will speak very boldly,) he will find there the sources of all the philosophers' disputations, which lie in civil laws and enact- ments; for from these we perceive that virtue is above all things desirable, since honest, just, and conscientious industry is ennobled with honours, rewards, and distinctions ; but the vices and frauds of mankind are punished by fines, ignominy, imprisonment, stripes, banishment, and death; and we are taught, not by disputations endless and full of discord, but by the authority and mandate of the laws, to hold our appe- tites in subjection, to restrain all our passions, to defend our own property, and to keep our thoughts, eyes, and hands, from that of others. XLIV. ^' Though all the world exclaim against me, I will say what I think : that single little book of the Twelve Tables, if any one look to the fountains and sources of laws, seems to me, assuredly, to surpass the libraries of all the philo- sophers, both in weight of authority, and in plenitude of utility. And if our country has our love, as it ought to have in the highest degree, — our country, I say, of which the force and natural attraction is so strong, that one of the wisest of mankind preferred his Ithaca, fixed, like a little nest, among the roughest of rocks, to immortality itself, — with what affection ought we to be warmed towards such a country as ours, which, preeminently above all other countries, is the seat of virtue, empire, and dignity? Its spirit, customs, and discipline ought to be our first objects of study, both because our country is the parent of us all, and because as much wisdom must be thought to have been em- ployed in framing such laws, as in establishing so vast and powerful an empire. You will receive also this pleasure and delight from the study of the law, that you will then most readily comprehend how far our ancestors excelled other o2 196 DE ORATOEE j OR, [b. I. uations in wisdom, if you compare our laws with those of their Lycurgus, Draco, and Solon. It is indeed incredible how undigested and almost ridiculous is all civil law, except our own; on which subject I am accustomed to say much in my daily conversation, when I am praising the wisdom of our countrymen above that of all otheY men, and especially of the Greeks. For these reasons have I declared, Scsevola, that the knowledge of the civil law is indispensable to those who would become accomplished orators. XLY. " And who does not know what an accession of honour, popularity, and dignity, such knowledge, even of itself, brings with it to those who are eminent in if? As, therefore, among the Greeks, men of the lowest rank, induced by a trifling reward, offer themselves as assistants to the pleaders on trials (men who are by them called pragmatici)} so in our city, on the contrary, every personage of the most eminent rank and character, such as that ^lius Sextus,^ who, for his knowledge in the civil law, was called by our great poet, * A man of thought and prudence, nobly wise,* and many besides, who, after arriving at distinction by means ^ It appears from Quintilian and Juvenal, that this was a Roman custom as well as a Grecian, under the emperors ; they are also men- tioned by Ulpian. But in Cicero's time the Patroni causarum, or advocates, though they studied nothing but oratory, and were in general ignorant of the law, yet did not make use of any of these low people called Pragmatici, as the Greeks did at that time, but upon any doubts on the law, applied themselves to men of the greatest repu- tation in that science, such as the Scaevolse. But under the emperors there was not the same encouragement for these great men to study that science ; the orators, therefore, fell of necessity into the Grecian custom. Quint, sii. 3 : " Neque ego sum nostri moris ignarus, obli- tusve eorum, qui velut ad Arculas sedent, et tela agentibus submi- nistrant, neque idem Grsecos nescio factitare, undo nomen his Prag- maticorum datum est." Juv. Sat. vii. 123 : Si quater egisti, si contigit aureus unus, Inde cadunt partes ex foedere Pragmaticorum. B. 2 As the collection of forms published by Flavins, and from "him called Jus civile Flavianum, soon grew defective, as new contracts arose every day, another was afterwards compiled, or rather only made public, by Sextus^lius, for the forms seem to have been composed as the dif- ferent emergencies arose, by such of the patricians as understood the law, and to have been by them secreted to extend their own influence; however, this collection, wherein were many new forms adapted to the cases and circumstances which had happened since the time of Flavins, went under the title of Jus Jliianim, from this ^lius here praised by Ennius. B C. XLVI.] ON THE CHARACTER OF THE ORATOR. 197 of their ability, attained such influence, that in answering questions on points of law,^ they found their authority of more weight than even their abihty. For ennobling and dignifying old age, indeed, what can be a more honourable resource than the interpretation of the law? For myself, I have, even from my youth, been securing this resource, not merely with a view to benefit in pleadings in the forum, but also for an honour and ornament to the decline of life ; so that, when my strength begins to fail me (for which the time is even now almost approaching), I may, by that means, pre- serve my house from solitude. For what is more noble than for an old man, who has held the highest honours and offices . of the state, to be able justly to say for himself, that which the Pythian Apollo says in Ennius, that he is the person from whom, if not nations and kings, yet all his fellow- citizens, solicit advice, * Uncertain how to act ; whom, by my aid, I send away undoubting, full of counsel, 1^0 more with rashness things perplex'd to sway ; ' f^or without doubt the house of an eminent lawyer is the' \oracle of the whole city. Of this fact the gate and vestibule of our friend Quintus Mucins is a proof, which, even in his very infirm state of health, and advanced age, is daily frequented by a vast crowd of citizens, and by persons of the highest rank and splendour. XLVI. '' It requires no very long explanation to show why I think the public laws^ also, which concern the state and government, as well as the records of history, and the prece- ^ The custom Respondendi de Jure, and the interpretations and de- cisions of the learned, were so universally approved, that, although uhey were unwritten, they became a new species of law, and were called Auctoritas, or JResponsa Prudenfum. This custom continued to the time of Augustus without interruption, who selected particular lawyers, and gave them the sanction of a patent; but then grew into desuetude, till Hadrian renewed this office or grant, which made so considerable a branch of the Roman law. B, 2 Jura publica. Dr. Taylor, in his History of the Roman Law, p. 62, has given us the heads of the Roman /'if5_pw5??cwm, which were, — religion and divine worship — peace and war— legislation — exchequer and resfisci, escheats — the prerogative — law of treasons — taxes and imposts — coin- age — jurisdiction — magistracies — regalia — embassies — honours and titles — colleges, schools, corporations — castles and fortifications — fairs, mercats, staple — forests— naturalization. £. • 198 DE obatore; or, [b. i. dents of antiquity, ought to be known to the orator; for as in causes and trials relative to private affairs, his language is often to be borrowed from the civil law, and therefore, as we said before^ the knowledge of the civil law is necessary to the orator ; so in regard to causes affecting public matters, before our courts, in assemblies of the people, and in the senate, all the history of these and of past times, the authority of public law, the system and science of governing the state, ought to be at the command of orators occupied with affairs of govern- ment, as the very groundwork of their speeches.^ For we are not contemplating, in this discourse, the character of an every-day pleader, bawler, or barrator, but that of a man, )( who, in the first place, may be, as it were, the high-priest of this profession, for which, though nature herself has given rich endowments to man, yet it was thought to be a god that gave it, so that the very thing which is the distinguishing property of man, might not seem to have been acquired by ourselves, but bestowed upon us by some divinity; who, in the next place, can move with safety even amid the weapons of his adversaries, distinguished not so much by a herald's caduceus,^ as by his title of orator; who, likewise, is able, by means of his eloquence, to expose guilt and deceit to the hatred of his countrymen, and to restrain them by penalties ; who can also, with the shield of his genius, protect inno- cence from punishment ; who can rouse a spiritless and de- sponding people to glory, or reclaim them from infatuation, or inflame their rage against the guilty, or mitigate it, if incited against the virtuous ; who, finally, whatever feeling in the minds of men his object and cause require, can either excite or calm it by his eloquence. If any one supposes that this power has either been sufficiently set forth by those who have written on the art of speaking, or can be set forth by me in so brief a space, he is greatly mistaken, and understands neither my inability, nor the magnitude of the subject. For my own part, since it was your desire, I thought ' f. that the fountains ought to be shown you, from which you ^ Tanquam aliqua materies. Ernesti's text, says Orellius, has alia, by mistake. Aliqua is not very satisfactory. Nobbe, the editor of Tauchnitz's text, retains Ernesti's alia. 2 The herald's caduceus, or wand, renders his person inviolabl©* Pearce. C. XLVII.] ON THE CHARACTER OF THE ORATOR. 199 might draw, and the roads which you might pursue, not so that I should become your guide (which would be an endless and unnecessary labour), but so that I might point out to ycu the way, and, as the practice is, might hold out my finger towards the spring."-^ XLYII. " To me," remarked Scaevola, '^ enough appears to have been said by you, and more than enough, to stimulate the efforts of these young men, if they are but studiously inclined ; for as they say that the illustrious Socrates used to observe that his object was attained if any one was by his exhortations sufficiently incited to desire to know and under- stand virtue ; (since to those who were persuaded to desire nothing so much as to become good men, what remained to be learned was easy ;) so I consider that if you wish to pene- trate into those subjects which Crassus has set before you in his remarks, you will, with the greatest ease, arrive at your object, after this course and gate has been opened to you." " To us," said Sulpicius, " these instructions are exceedingly pleasant and delightful ; but there are a few things more which we still desire to hear, especially those which were touched upon so briefly by you, Crassus, in reference to ora- tory as an art, when you confessed that you did not despise them, but had learned them. If you will speak somewhat more at length on those points, you will satisfy all the eagerness of our long desire. For we have now heard to what objects we must direct our efforts, a point which is of great importance ; but we long to be instructed in the ways and means of pursuing those objects." '' Then," said Crassus, ^' (since I, to detain you at my house with less difficulty, have rather complied with your desires, than my own habit or inclination,) what if we ask Antonius to tell us something of what he still keeps in reserve, and has not yet made known to us, (on which subjects he complained, a while ago, that a book has already dropped from his pen,) and to reveal to us his mysteries in the art of speaking T' " As you please," said Sulpicius, " for, if Antonius speaks, we shall still learn what you think." " I request of you then, Antonius," said Crassus, " since this task is put upon men of ^ Ut fieri solet. Ernesti conjectures w^ c^za so^e^. Ell endt thinks the common reading right, requiring only that we should understand d commonstrantibus. 200 DE ORATORE j OR, [b. I. our time of life by the studious inclinations of these youths, to deliver your sentiments upon these subjects which, you see, are required from you." XLYIII. " I see plainly, and understand indeed," replied Antonius, "that I am caught, not only because those things are required from me in which I am ignorant and unprac- tised, but because these young men do not permit me to avoid, on the present occasion, what I always carefully avoid in my public pleadings, namely, not to speak after you, Crassus. But I will enter upon what you desire the more boldly, as I hope the same thing will happen to me in this discussion as usually happens to me at the bar, that no flowers of rhetoric will be expected from me. For I am not going to speak about art, which I never learned, but about my own practice ; and those very particulars which I have entered in my common-place book are of this kind,^ not ex- pressed with anything like learning, but just as they are treated in business and pleadings ; and if they do not meet with approbation from men of your extensive knowledge, you must blame your own unreasonableness, in requiring from me what I do not know ; and you must praise my complaisance, since I make no difficulty in answering your questions, being induced, not by my own judgment, but your earnest desire." " Go on, Antonius," rejoined Crassus, "for there is no danger that you will say anything otherwise than so discreetly that no one here will repent of having prompted you to speak." " I will go on, then," said Antonius, " and will do what I think ought to be done in all discussions at the commence- ment; I mean, that the subject, whatever it may be, on which the discussion is held, should be defined ; so that the discourse may not be forced to wander and stray from its course, from the disputants not having the same notion of the matter under debate. If, for instance, it were inquired, ^What is the art of a general?' I should think that we ought to settle, at the outset, what a general is ; and when he was defined to be a commander for conducting a war, we might then proceed to speak of troops, of encampments, of marching in battle array, of engagements, of besieging towns, of provisions, of ^ Not recorded with any elegance, but in the plain style in which I am now going to express myself. Ernesti. C. XLIX.] ON THE CHARACTER OF THE ORATOR. 201 laying and avoiding ambuscades, and other matters relative to the management of a war; and those who had the capacity and knowledge to direct such affairs I should call generals ; and should adduce the examples of the Africani and Maximi, and speak of Epaminondas, and Hannibal, and men of such character. But if we should inquire what sort of character he is, who should contribute his experience, and knowledge, and zeal to the management of the state, I should give this sort of definition, that he who understands hy what means the interests of the republic are secured and "promoted^ and employs those means, is ivorthy to he esteemed a director in affairs of government, and a leader in "public councils; and I should mention Publius Lentulus, that chief of the senate,^ and Tiberius Gracchus the father, and Quintus Metellus, and Publius Africanus, and Caius Lselius, and others without number, as well of our ow^n city as of foreign states. But if it should be asked, ^Who truly deserved the name of a lawyer % ' I should say that he deserves it who is learned in \ the laws, and that general usage^ luhich private persons observe in their intercourse in the community, who can give an answer on any point, can plead, and can take precautio7is for the ^ interests of his client; and I should name Sextus iElius/ Manius Manilius, Publius Mucins, as distinguished in those respects. XLIX. In like manner, to notice sciences of a less important character, if a musician, if a grammarian, if a poet were the subject of consideration, I could state that which each of them possesses, and than which nothing more is to be expected from each. Even of the philosopher himself, who alone, from his abilities and wisdom, professes almost every- / thing, there is a sort of definition, signifying, that he who studies to learn the powers, nature^ and causes of all things, divine and human, and to understand and explain the whole science of living virtuously, may justly deserve this appellation. " The orator, however, since it is about him that we are considering, I do not conceive to be exactly the same cha- racter that Crassus makes him, who seemed to me to in- clude all knowledge of all matters and sciences, under the single profession and name of an orator ; but I regard him 1 Principem ilium, Nempe senates. He was consul with Cneiua Domitius, a.u.c. 592. Ellendt. ^ The unwritten law. 202 DB ORATORE j OR, [b. I. as one who can use words agreeable to hear, and thoughts adapted to prove, not only in causes that are pleaded in the forum, hut in causes in general. Him I call an orator, and would have him besides accomplished in delivery and action, and with a certain degree of wit. But our friend Crassus seemed to me to define the faculty of an orator, not by the proper limits of his art, but by the almost immense limits of his own genius; for, by his definition, he delivered the helm of civil government into the hands of his orator; a point, which it appeared very strange to me, Scsevola, that you should grant him ; when the senate has often given its assent on affairs of the utmost consequence to yourself, though you have spoken briefly and without ornament. And M . Scaurus, who I hear is in the country, at his villa not far off, a man eminently skilled in affairs of government, if he should hear that the authority which his gravity and counsels bear with them, is claimed by you, Crassus, as you say that it is the property of the orator, he would, I believe, come hither without delay, and frighten us out of our talk by his very countenance and aspect ; who, though he is no contemptible speaker, yet depends more upon his judgment in affairs of consequence, than upon his ability in speaking; and, if any one has abilities in both these ways, he who is of authority in the public councils, and a good senator, is not on those accounts an orator ; and if he that is an eloquent and powerful speaker be also eminent in civil administration, he did not acquire his political knowledge^ through oratory. Those talents differ very much in their nature, and are quite sepa- rate and distinct from each other; nor did Marcus Cato, Publius Africanus, Quintus Metellus, Cains Lselius, who were all eloquent, give lustre to their own orations, and to the dignity of the republic, by the same art and method. L. " It is not enjoined, let me observe, by the nature of things, or by any law or custom, that one man must not know more than one art; and therefore, though Pericles was the best orator in Athens, and was also for many years director of the public counsels in that city, the talent for ^ Aliquam scientiam. For aliquam Manutius^conjectured illamy which Lambinus, Ernesti, and Miiller approve. Wyttenbach suggested alienam, which has been adopted by Schutz and Orellius. I have followed Manutius. C. LI.] ON THE CHARACTER OF THE ORATOR. 203 both those characters must not be thought to belong to the same art because it existed in the same man ; . nor if Publius Crassus was both an orator and a lawyer, is the knowledge of the civil law for that reason included in the power of speaking. For if every man who, while excelling in any art or science, has acquired another art or science in addition, shall represent that his additional knowledge is a part of that in which he previously excelled,^ we may, by such a mode of argument, pretend that to play well at tennis or counters,^ is a part of the knowledge of civil law, because Publius Mucins was skilled in both ; and, by parity of reasoning, those whom the Greeks call ^vcriKoi, ^natural philosophers,' may be re- garded as poets, because Empedocles the natural philosopher wrote an excellent poem. But not even the philosophers themselves, who would have everything, as their own right, to be theirs, and in their possession, have the confidence to say that geometry or music is a part of philosophy, because all acknowledge Plato to have been eminently excellent in those sciences. And if it be still your pleasure to attribute all sciences to the orator, it will be better for us, rather, to express ourselves to this effect, that since eloquence must not be bald and unadorned, but marked and distinguished by a certain pleasing variety of manifold qualities, it is necessary for a good orator to have heard and seen much, to have gone over many subjects in thought and reflection, and many also in reading; though not so as to have taken possession of them as his own property, but to have tasted of them as things belonging to others. For I confess that the orator should be a knowing man, not quite a tiro or novice in any subject, not utterly ignorant or inexperienced in any business of Ufe. LI. " Nor am I discomposed, Crassus, by those tragic argu- ments of yours,^ on which the philosophers dwell most of. all; ^ Sciet — excellet The commentators say nothing against these futures. 2 Duodecim scriptis. This was a game played with counters on a board, moved according to throws of the dice, but different from our backgammon. The reader may find all that is known of it in Adam's Roman Antiquities, p. 423, and Smith's Diet, of Gr. and Rom. Ant. art. Latrunculi. ^ Istis tragcediis tuis. Persons are said tragcedias in nugis agere, who make a small matter great by clamouring over it, as is done by actors in tragedies. Proust. See b. ii. c. 51; Quint. vL 1. 36. 204: DE oratoee; or, [b. i. I mean, when you said, That no man can, hy speaking, excite the passions of his audience, or calm them when excited, (in which efforts it is that the power and greatness of an orator are chiefly seen,) unless one who has gained a thorough insight into the nature of all things, and the dispositions and motives of mankind; on which account philosophy must of necessity he studied hy the orator ; a study in which we see that the whole lives of men of the greatest talent and leisure are spent; the copiousness and magnitude of whose learning and knowledge I not only do not despise, but greatly admire ; but, for us who are engaged in so busy a state, and such occupations in the forum, it is sufficient to know and say just so much about the manners of mankind as is not inconsistent with human nature. For what great and powerful orator, whose object was to make a judge angry with his adversary, ever hesitated, because he was ignorant what anger was, whether ^ a heat of temper,' or ^ a desire of vengeance for pain received V^ Who, when he wished to stir up and inflame other passions in the minds of the judges or people by his eloquence, ever uttered such things as are said by the philosophers? part of whom deny that any passions whatever should be excited in the mind, and say that they who rouse them in the breasts of the judges are guilty of a heinous crime, and part, who are inclined to be more tolerant, and to accommodate themselves more to the realities of life, say that such emotions ought to be but very moderate and gentle. But the orator, by his eloquence, represents all those things which, in the common affairs of life, are considered evil and troublesome, and to be avoided, as heavier and more grievous than they really are ; and at the same time amplifies and embelHshes, by power of language, those things which to the generality of mankind seem inviting and desirable ; nor does he wish to appear so very wise among fools, as that his audience should think him impertinent or a ' pedantic Greek, or, though they very much approve his under- standing, and admire his wisdom, yet should feel uneasy that they themselves are but idiots to him; but he so eff'ectually penetrates the minds of men, so works upon their senses and feelings, that he has no occasion for the definitions of philoso- phers, or to consider in the course of his speech, ^ whether the chief good lies in the mind or in the body ;' ' whether it is to be 1 See Aristotle, Rhetor, ii. 2 ; Cic. Tusc. Qusest. iv. C. LII.] ON THE CHAEACTER OF THE ORATOR. 205 defined as consisting in virtue or in pleasure ; ' ^ whether these two can be united and coupled together/ or ^whether/ as some think, ^nothing certain can be known, nothing clearly perceived and understood ; ' questions in which I acknowledge that a vast multiplicity of learning, and a great abundance of varied reasoning is involved : but we seek something of a far different character ; we want a man of superior intelligence,' sagacious by nature and from experience, who can acutely divine what his fellow-citizens, and all those whom he wishes to con- vince on any subject by his eloquence, think, feel, imagine, oi^ hope. LII. He must penetrate the inmost recesses of the mind of every class, age, and rank ; and must ascertain the senti- ments and notions of those before whom he is pleading,^ or in- tends to plead ; but his books of philosophy he must reserve to himself, for the leisure and tranquillity of such a Tusculan villa as this, and must not, when he is to speak on justice and honesty, borrow from Plato ; who, when he thought that such subjects were to be illustrated in writing, imagined in his pages a new kind of commonwealth ; so much was that w^hich he thought necessary to be said of justice, at variance with ordinary life and the general customs of the world. But if such notions were received in existing communities and nations, who would have permitted you, Crassus, though a man of the highest character, and the chief leader in the city, to utter what you addressed to a vast assembly of your fellow-citizens'?^ Deliver us from these miseries, deliver us FROM THE JAWS OF THOSE WHOSE CRUELTY CANNOT BE SATIATED EVEN WITH BLOOD j SUFFER US NOT TO BE SLAVES TO ANT BUT YOURSELVES AS A PEOPLE, WHOM WE BOTH CAN AND OUGHT TO SERVE. I say nothing about the word miseries, in which, as the philosophers say,"^ a man of fortitude cannot be; I say nothing of the jaws from which you desire to be ^ Most copies have aget ; Pearce, with the minority, prefers agit. 2 These words are taken from a speech which Crassus had a short time before delivered in an assembly of the people, and in which he had made severe complaints of the Eoman knights, who exercised their judicial powers with severity and injustice, and gave great trouble to the senate. Crassus took the part of the senate, and addressed the exhortation in the text to the people. Proust. Crassus was supporting the Servilian law. Maniitius. ^ Ut illi aiunt. The philosophers, especially the Stoics, who affirmed that the wise man alone is happy. Ellendt. 206 DE oeatore; or, [b. i. delivered, that your blood may not be druuk by an unjust sentence ; a thiDg which they say cannot happen to a wise man ; but how durst you say that not only yourself, but the whole senate, whose cause you were then pleading, were SLAVES 1 Can virtue, Crassus, possibly be enslaved, accord- ing to those whose precepts you make necessary to the science of an orator ; virtue which is ever and alone free, and which, though our bodies be captured in war, or bound with fetters, yet ought to maintain its rights and liberty inviolate in all circumstances P And as to what you added, that the senate not only can but ought to be slaves to the people, what philosopher is so effeminate, so languid, so enervated, so eager to refer everything to bodily pleasure or pain, as to allow that the senate should be the slaves of the people, to whom the people themselves have delivered the power, like certain reins as it were, to guide and govern them? LIII. '' Accordingly, when I regarded these words of yours as the divinest eloquence, Publius Rutilius Rufus,^ a man of learning, and devoted to philosophy, observed that what you had said was not only injudicious, but base and dis- honourable. The same Eutilius used severely to censure Servius Galba, whom he said he very well remembered, be- cause, when Lucius Scribonius brought an accusation against him, and Marcus Cato, a bitter and implacable enemy to Galba, had spoken with rancour and vehemence against him before the assembled people of Eome, (in a speech which he published in his Origines,^) Rutilius, I say, censured Galba, for holding up, almost upon his shoulders, Quintus, the orphan son of Caius Sulpicius Gallus, his near relation, that he might, through the memory of his most illustrious father, draw tears from the people, and for recommending two little sons of his own to the guardianship of the public, and saying that he himself (as if he was making his will in the ranks before a battle,^ without balance or writing tables,^) appointed ^ See the Paradox of Cicero on the words Omnes sapientes liberi, omnes stulti servi. 2 Mentioned by Cic. Brut. c. 30. P7'oust. He was a perfect Stoic. Ellendt. ^ A work on the origin of the people and cities of Italy, and other matters, now lost. Cic. Brut. c. 85 ; Com. Nep. Life of Cato, c. 3. * When a soldier, in the hearing of three or more of his comrades, named some one his heir in case he should fall in the engagement. * When a person, in the presence of five witnesses and a libripens, C. LTV. I ON THE CHARACTER OF THE ORATOR. 207 the people of Rome protectors of their orphan condition. As Galba, therefore, laboured under the ill-opinion and dislike of the people, Rutilius said that he owed his deliverance to such tragic tricks as these ; and I see it is also recorded in Cato's book, that if he had not employed children and tears, he would have suffered. Such proceedings Rutilius severely condemned, and said banishment, or even death, was more ehgible than such meanness. Nor did he merely say this, but thought and acted accordingly; for being a man, as you know, of exemplary integrity, a man to whom no person in the city was superior in honesty and sincerity, he not only refused to supplicate his judges, but would not allow his cause to be pleaded with more ornament or freedom of lan- guage than the simple plainness of truth carried with it.^ Small was the part of it he assigned to Cotta here, his sister's son, and a youth of great eloquence; and Quintus Mucins also took some share in his defence, speaking in his usual manner, without ostentation, but simply and with perspi- cuity. But if you, Crassus, had then spoken, — you, who just now said that the orator must seek assistance from those dis- putations in which the philosophers indulge, to supply himself with matter for his speeches, — if you had been at liberty to speak for Publius Rutilius, not after the manner of philo- sophers, but in your own way, although his accusers had been, as they really were, abandoned and mischievous citizens, and worthy of the severest punishment, yet the force of your eloquence would have rooted all their unwarrantable cruelty from the bottom of their hearts. But, as it was, a man of such a character was lost, because his cause was pleaded in I such a manner as if the whole affair had been transacted in the imaginary commonwealth o£ Plato. Not a single indi- vidual uttered a groan ; not one of The advocates gave vent to an exclamation; no one showed any appearance of grief; no one complained ; no one supplicated, no one implored the mercy of the public. In short, no one even stamped a foot on the trial, for fear, I suppose, of renouncing the doctrine of the Stoics. LIV. " Thus a Roman, of consular dignity, imitated the assigned his property to somebody as his heir. Gaius, ii. 101 : Aul, Gell. XY. 27. ^ He was falsely accused of extortion in his province of Asia, and, being condemned, was sent into exile. Cic. Bnit. c. 30. Proust, 208 DE oratore; or, [b. l illustrious Socrates of old, who, as he was a man of the greatest wisdom and had lived in the utmost integrity, spoke for himself, when on trial for his life, in such a manner as not to seem a suppliant or prisoner, but the lord and master of his judges. Even when Lysias, a most eloquent orator, brought him a written speech, which, if he pleased, he might learn by heart, and repeat at his trial, he wilHngiy read it over, and said it was written in a manner very well suited to the occasion ; but, said he, if you had brought me Sicyonian shoes,^ I should not wear them, though they might be easy and suit my feet, because they would be effeminate; so that speech seems to me to be eloquent and becoming an orator, but not fearless and manly. In consequence, he also was condemned, not only by the first votes, by which the judges only decided whether they should acquit or condemn, but also by those which, in conformity with the laws, they were obhged to give afterwards. For at Athens, if the accused person was found guilty, and if his crime was not capital, there was a sort of estimation of punishment; and when sen- tence was to be finally given by the judges, the criminal was asked what degree of punishment he acknowledged himself, at most, to deserve; and when this question was put to Socrates, he answered, that he deserved to be distinguished with the noblest honours and rewards, and to be daily main- tained at the public expense in the Prytaneum ; an honour which, amongst the Greeks, is accounted the very highest. By which answer his judges were so exasperated, that they condemned the most innocent of men to death. But had he been acquitted, (which, indeed, though it is of no concern to us, yet I could wish to have been the case, because of the greatness of his genius,) how could we have patience with those philosophers who now, though Socrates was condemned for no other crime but want of skill in speaking, maintain that the precepts of oratory should be learned from them- selves, who are disciples of Socrates 1 With these men I have no dispute as to which of the two sciences is superior, or carries more truth in it ; I only say that the one is distinct from the other, and that oratory may exist in the highest perfection without philosophy. ' Shoes made at Sicyon, and worn only by the effeminate and luxu- rious. Lucret. iv. 1121. C. LV.] ON THE CHARACTER OF THE ORATOR. 209 LY. ^^ In bestowing such warm approbation on the civil law, Crassus, I see what was your motive ; when you were speak- ing, I did not see it.^ In the first place, you were willing to oblige Sceevola, whom we ought all to esteem most deservedly for his singularly excellent disposition; and seeing his science undowried Eind unadorned, you have enriched it with your eloquence as with a portion, and decorated it with a pro- fusion of ornaments. In the next, as you had spent much pains and labour in the acquisition of it, (since you had in your own house one ^ who encouraged and instructed you in that study,) you were afraid that you might lose the fruit of your industry, if you did not magnify the science by your eloquence. But I have no controversy with the science ; let it be of as much consequence as you represent it ; for without doubt it is of great and extensive concern, having relation to multitudes of people, and has always been held in the highest honour; and our most eminent citizens have ever been, and are still, at the head of the profession of it; but take care, Crassus, lest, while you strive to adorn the knowledge of the civil law with new and foreign ornaments, you spoil and denude her of what is granted and accorded to her as her own. For if you were to say, that he who is a lawyer is also an orator, and that he who is an orator is also a lawyer, you would make two excellent branches of knowledge, each equal to the other, and sharers of the same dignity ; but now you allow that a man may be a lawyer without the eloquence which we are considering, and that there have been many such ; and you deny that a man can be an orator who has not acquired a knowledge of law. Thus the lawyer is, of himself, ^ nothing with you but a sort of wary and acute legalist, an instructor in actions,^ a repeater of forms, a catcher at sylla- bles ; but because the orator has frequent occasion for the aid of the law in his pleadings, you have of necessity joined legal knowledge to eloquence as a handmaid and attendant. ^ TvLm, quum dicehas, non vidfham. Many copies omit the negative; an omission approved by Ernesti, Henrichsen, and Ellendt. 2 Either Sc^evola, the father-in-law of Crassus, or Lucius Coelius Antipater, whom Cicero mentions in his Brutus. Prousf. ^ PrcBco aciionum. One who informs those who are ignorant of law when the courts will be open ; by what kind of suit any person must prosecute his claims on any other person ; and acts in law proceedings AS another sort of prceco acts at auctions. Strehceus. P 210 DE ORATORE j OR, [b. I. LYI. '^ But as to your wonder at the effrontery of those advocates who, though they were ignorant of small things, profess great ones, or who ventured, in the management of causes, to treat of the most important points in the civil law, though they neither understood nor had ever learned them, the defence on both charges is easy and ready. For it is not at all surprising that he who is ignorant in what form of words a contract of marriage is made, should be able to defend the cause of a woman who has formed such a contract; nor, though the same skill in steering is requisite for a small as for a large vessel, is he therefore, who is ignorant of the form of words by which an estate is to be divided, in- capable of pleading a cause relative to the division of an estate.^ For though you appealed to causes of great conse- quence, pleaded before the Centiimviri, that turned upon points of law, what cause was there amongst them all, which could not have been ably pleaded by an eloquent man un- acquainted with law? in all which causes, as in the cause of Manius Curius, which was lately pleaded by you,^ and that of Caius Hostilius Mancinus,^ and that of the boy who was born ^ of a second wife, without any notice of divorce having been ■; sent to the first^^ there was the greatest disagreement among the most skilful lawyers on points of law. I ask, then, how in these causes a knowledge of the law could have aided the orator, when that lawyer must have had the superiority, who was supported, not by his own, but a foreign art, not by know- ^ Herctum cieri — herciscimdce families. Co-heirs, when an estate de- scended amongst them, were, by the Roman law, bound to each other by the action familice herciscundce ; that is, to divide the whole family inheritance, and settle all the accounts which related to it. Just. Inst, iii. 28. 4. The word herctum, says Festus, signifies whole or undivided, and CIO, to divide ; so, familiam herctam ciere was to divide the inherit- ance of the family, which two -words, herctum ciere, were afterwards contracted into herciscere : hence this law-term used here, familiam \erciscere. Servius has, therefore, from Donatus, thus illustrated a passage in Virgil, at the end of the Vlllth ^neid,— Citse Metium.in diversa quadrigae Distulerant. Citce, says he, is a law-term, and signifies divided, as hereto non cito, the inheritance being undivided. Citoi quadrigce, therefore, in that passage, does not mean quick or swift, as is generally imagined, but drawing different ways. B. 2 See c. 39 ^ c. 40. C. 40. C. LVII.] ON THE CHARACTER OP THE ORATOR. 211 ledge of the law, but by eloquence? I have often heard that, when Publius Crassus was a candidate for the aedileship, and Servius Galba, though older than he, and even of consular dignity, attended upon him to promote his interest, (having betrothed Crassus's daughter to his son Caius,) there came a countryman to Crassus to consult him on some matter of law j and when he had taken Crassus aside, and laid the affair before him, and received from him such an answer as was rather right than suited to his wishes, Galba, seeing him look dejected, called Jiim by his name, and asked him on what matter he had consulted Crassus j when, having heard his case, and seeing the man in great trouble, ^I perceive,' said he, ' that Crassus gave you an answer while his mind was anxious, and pre-occupied with other affairs.' He then took Crassus by the hand, and said, ' Hark you, how came it into your head to give this man such an answer "? ' Crassus, who was a man of great legal knowledge, confidently repeated that the matter was exactly as he had stated in his answer, and that there could be no doubt. But Galba, referring to a variety and multiplicity of matters, adduced abundance of similar cases, and used many arguments for equity against the strict letter of law; while Crassus, as he could not main- tain his ground in the debate, (for, though he was numbered among the eloquent, he was by no means equal to Galba,) had recourse to authorities, and showed what he had asserted in the books of his brother Publius Mucins,^ and in the com- mentaries of Sextus ^lius; though he allowed, at the same time, that Galba's arguments had appeared to him plausible, and almost true. LVII. ^^ But causes which are of such a kind, that there ! can be no doubt of the law relative to them, do not usually ; come to be tried at. all. Does any one claim an inheritance ,' under a will, which the father of a family made before he had j a son born? Nobody; because it is clear that by the birth I of a son the will is cancelled. ^ Upon such points of law, \ therefore, there are no questions to be tried. The orator, accordingly, may be ignorant of all this part of the law II ^ The Crassus here mentioned was Publius Crassus Dives, brother of Publius Mucius, Pontifex Maximus. See c. 37. Ellendt, ^ Cicero pro Csecina, c. 25; Gains, ii. 138. I p2 212 DE OEATORE ; OR, [b. I. relative to controversies,^ which is without doubt the far greater part ; but on those points which are disputed, even among the most skilful lawyers, it will not be difficult for the orator to find some writer of authority on that side, whichsoever it be, that he is to defend, from whom, when he has received his javelins ready for throwing, he will hurl them with the arm and strength of an orator. Unless we are to suppose, indeed, (I would wish to make the observation with- out offending this excellent man Scsevola,) that you, Crassus, defended the cause of Manius Curius out of the writings and rules of your father-in-law. Did you not, on the contrary, undertake the defence of equity, the support of wills, and the intention of the dead ? Indeed, in my opinion, (for I was ' frequently present and heard you,) you won the far greater number of votes by your wit, humour, and happy raillery, when you joked upon the extraordinary acuteness, and ex- pressed admiration of the genius, of Scaevola, who had discovered that a man must he horn hefore he can die; and> when you adduced many cases, both from the laws and decrees of the senate, as well as from common life and intercourse, not only acutely, but facetiously and sarcastically, in which, if we attended to the letter, and not the spirit, nothing would result. The trial, therefore, was attended with abun- dance of mirth and pleasantry; but of what service your knowledge of the civil law was to you upon it, I do not understand ; your great power in speaking, united with the utmost humour and grace, certainly was of great service. Even Mucins himself, the defender of the father's right, who fought as it were for his own patrimony, what argument did he advance in the cause, when he spoke against you, that appeared to be drawn from the civil law? What particular law did he recite? What did he explain in his speech that was unintelligible to the unlearned ? The whole of his oration was employed upon one point; that is, in maintaining that what was written ought to be valid. But every boy is exercised on such subjects by his master, when he is instructed to ^ Omnem hanc partem juris in controversiis. For in controversiis Lambinus and Ernesti would read, from a correction in an old copy, incontroversi ; but as there is no authority for this word, EUendt, with Bakius, prefers non controversi. With this alteration, the sense will be, " all this uncontroverted part of the law." C. LVIII.] ON THE CHARACTER OF THE ORATOR. 213 support^ in such cases as these, sometimes the written letter, sometimes equity. In that cause of the soldier, I presume, if you had defended either him or the heir, you would have had recourse to the cases of Hostilius,^ and not to your own power and talent as an orator. Nay, rather, if you had defended the will, you would have argued in such a manner, that the entire validity of all wills whatsoever would have seemed to depend upon that single trial; or, if you had pleaded the cause of the soldier, you would have raised his father, with your usual eloquence, from the dead ; you would have placed him before the eyes of the audience ; he would have em- braced his son, and with tears have recommended him to the Centumviri ; you would have forced the very stones to weep and lament, so that all that clause, as the tongue had DECLARED, would Seem not to have been written in the Twelve Tables, which you prefer to all libraries, but in some mere formula of a teacher. LVIII. "As to the indolence of which you accuse our youth, for not learning that science, because, in the first place, it is very easy, (how easy it is, let them consider who strut about before us, presuming on their knowledge of the science, as if it were extremely difficult; and do you yourseli also consider that point, who say, that it is an easy science, which you admit as yet to be no science at all, but say that if somebody shall ever learn some other science, so as to be able to make this a science, it will then be a science ;) and because, in the next place, it is fall of pleasure, (but as to that matter, every one is willing to leave the pleasure to yourself, and is content to be without it, for there is not one of the young men who would not rather, if he must get anything by heart, learn the Teucer of Pacuvius than the Manilian laws^ on emption and vendition ;) and, in the third place, because you think, that, from love to our country, we ought to acquire a knowledge of the practices of our an- cestors; do you not perceive that the old laws are either ^ Certain legal foim-ulte, of which some lawyer named Hostihus was the author. Ernesti. 2 Manilianas — leges. They were formulse which those who wished not to be deceived might use in buying and selling ; they are called actiones by Varro, K. R. ii. 5, 11 The author was Manius Manilius, an eminent lawyer, who was consul a.u.C. 603. Ernesti. 214 r>E oratoee; or, [b. i. grown out of date from their very antiquity, or are set aside by such as are new"?^ As to your opinion, that men are rendered good by learning the civil law, because, by laws, rewards are appointed for virtue, and punishments for vice ; "i, for my part, imagined that virtue was instilled into man- kind (if it can be instilled by any means) by instruction and persuasion, not by menaces, and force, and terror. As to the maxim that we should avoid evil, we can understand how good a thing it is to do so without a knowledge of the law. And as to myself, to whom alone you allow the power of managing causes satisfactorily, without any knowledge of law, I make you, Crassus, this answer : that I never learned the civil law, nor was ever at a loss for the want of know- ledge in it, in those causes which I was able to defend in the courts.^ It is one thing to be a master in any pursuit or art, and another to be neither stupid nor ignorant in common life, and the ordinary customs of mankind. May not every one of us go over our farms, or inspect our country affairs, for the sake of profit or delight at least '?^ No man lives without using his eyes and understanding, so far as to be entirely ignorant what sowing and reaping is ; or what pruning vines and other trees means; or at what season of the year, and in what manner, those things are done. If, there- fore, any one of us has to look at his grounds, or give any directions about agriculture to his steward, or any orders to his bailiff, must we study the books of Mago the Car- thaginian,^ or may we be content with our ordinary know- ledge"? Why, then, with regard to the civil law, may we not also, especially as we are worn out in causes and public busi- ness, and in the forum, be , sufficiently instructed, to such a degree at least as not to appear foreigners and strangers in ^ There is no proper grammatical construction in this sentence. Ernesti observes that it is, perhaps, in some way unsound. 2 In jure, " Apud tribunal prsetoris." Ernesti. ^ I translate the conclusion of this sentence in conformity with the text of Orellius, who puts tamen at the end of it, instead of letting it stand at the beginning of the next sentence, as is the case in other editions. His interpretation is, invisere saltern. " Though we be much occupied, yet we can visit our farms." * He wrote eight-and-twenty books on country affairs in the Punic language, which were translated into Latin, by order of the senate, by Cassius Dionysius of Utica. See Yarro, R. E. i. 1 ; and Columella, who calls him the father of farming. Proust. C. LIX.] ON THE CHARACTER OF THE ORATOR. 215 our own country? Or, if any cause, a little more obscure than ordinary, should be brought to us, it would, I presume, be difficult to communicate with our friend Scsevola here; although indeed the parties, whose concern it is, bring nothing to us that has not been thoroughly considered and investi- gated. If there is a question about the nature of a thing itself under consideration; if about boundaries; (as we do not go in person to view the property itself;^) if about writings and bonds ;^ we of necessity have to study matters that are intricate and often difficult ; and if we have to consider laws, or the opinions of men skilled in law, need we fear that we shall not be able to understand them, if we have not studied the civil law from our youth'? LIX. '^ Is the knowledge of the civil law, then, of no ad- vantage to the orator? I cannot deny that every kind of knowledge is of advantage, especially to him whose eloquence ought to be adorned with variety of matter; but the things which are absolutely necessary to an orator are numerous, important, and difficult, so that I would not distract his indus- try among too many studies. Who can deny that the gesture and grace of Roscius are necessary in the orator's action and deportment? Yet nobody would advise youths that are studying oratory to labour in forming their attitudes like players. What is so necessary to an orator as the voice? Yet, by my recommendation, no student in eloquence will be a slave to his voice like the Greeks and tragedians,^ who pass whole years in sedentary declamation, and daily, before they venture upon delivery, raise their voice by degrees as they sit, and, when they have finished pleading, sit down again, and lower and recover it, as it were, through a scale, from the highest to the deepest tone. If we should do this, they whose causes we undertake would be condemned, before ^ Quum in rem prcesenfem non venimus. We do not go ad locum, unde prcBsentes rem et fines inspicere possimus. EUendt. 2 Perscriptionihus. Perscriptio is considered by Ellendt to signify a draft or checque to be presented to a banker. ^ Grcecorum more et tragoedorum. Lambinus would strike out et, on the authority of three manuscripts ; and Pearce thinks that the con- junction ought to be absent. Ernesti thinks that some substantive belonging to GrcBcorum has dropped out of the text. A Leipsic edition, he observes, has Grcecorum more sophistarum et tragoedorvmi, but on what authority he does not know. 216 DE ORATOKE ; OR, [b. I. we had repeated the pcean and the munio^ as often as is pre- scribed. But if we must not employ ourselves upon gesture, which is of great service to the orator, or upon the culture of the voice, which alone is a great recommendation and support of eloquence; and if we can only improve in either, in proportion to the leisure afforded us in this field of daily business ; how much less must we apply to the occupation of learning the civil law? of which we may learn the chief points without regular study, and which is also unlike those other matters in this respect, that power of voice and gesture cannot be got suddenly, or caught up from another person; but a knowledge of the law, as far as it is useful in any cause, may be gained on the shortest possible notice, either from learned men or from books. Those eminent Greek orators, therefore, as they are unskilled in the law themselves, have, in their causes, men acquainted with the law to assist them, who are, as you before observed, called pragmatici. In this respect our countrymen act far better, as they would have the laws and judicial decisions supported by the autho- rity of men of the highest rank. But the Greeks would not have neglected, if they had thought it necessary, to instruct tlie orator in the civil law, instead of allowing him a prag- maticus for an assistant. LX. '^ As to your remark, that age is preserved from soli- tude by the science of the civil law, we may perhaps also say that it is preserved from solitude by a large fortune. But we are inquiring, not what is advantageous to ourselves, but what is necessary for the orator. Although (since we take so many points of comparison with the orator from one sort of artist) Eoscius, whom we mentioned before, is accustomed to say, that, as age advances upon him, he will make the measures of the flute-player slower, and the notes softer. But if he who is restricted to a certain modulation of numbers and feet, meditates, notwithstanding, something for his ease in the decline of life, how much more easily can we, I will not say lower our tones, but alter them entirely? For it is no secret to you, Crassus, how many and how various * Pceanem aut munionem. The word munionem is corrupt. Many- editions have nomium, which is left equally unexplained. The best conjectural emendation, as Orellius observes, is iiomiim, proposed by a critic of Jena. a LX.] ox THE CHARACTER OF THE ORATOR. 2l^ are the modes of speaking; a yariety Trhich I know not whether you yourself have not been the first to exhibit to us, since you have for some time spoken more softly and gently than you used to do; nor is this mildness in your eloquence, which carries so high authority with it, less ap- proved than your former vast energy and exertion; and there have been many orators, as we hear of Scipio and Lselius, who always spoke in a tone only a little raised above that of ordinary conversation^ but never exerted their lungs or throats like Servius Galba. But if you shall ever be unable or unwilling to speak in this manner, are you afraid that your house, the house of such a man and such a citizen, will, if it be not frequented by the litigious, be deserted by the rest of mankind? For my part, I am so far from having any similar feeling with regard to my own house, that I not only do not think that comfort for my old age is to be ex- pected from a multitude of clients, but look for that solitude which you dread, as for a safe harbour ; for I esteem repose to be the most agreeable solace in the last stage of life. " Those other branches of knowledge (though they certainly assist the orator) — I mean general history, and jurisprudence, and the course of things in old times, and variety of prece- dents — I will, if ever I have occasion for them, borrow from my friend Longinus,^ an excellent man, and one of the gi-eatest erudition in such matters. Nor will I dissuade these youths from reading everything, hearing everything, and acquainting themselves with every liberal study, and all polite learning, as you just now recommended; but, upon my word, they do not seem likely to have too much time, if they are inclined to pursue and practise all that you, Crassus, have dictated; for you seemed to me to impose upon their youth obligations almost too severe, (though almost necessary I admit, for the attainment of their desires,) since extemporary exercises upon stated cases, and accurate and studied medi- tations, and practice in writing, which you truly called the modeller and finisher of the art of speaking, are tasks of much difficulty; and that comparison of their own composi- tion with the writings of others, and extemporal discussion on the work of another by way of praise or censure, con- _ ^ Ernesti supposes him to he Caius Cassius Longinus, who is men- tioned by Cicero, pro Planco, c. 24. "18 DE ORATORE j OR, [b. I. firmation or refutation, demand no ordinary exertion, either of memory or powers of imitation. LXI. " But what you added was appalling, and indeed will have, I fear, a greater tendency to deter than to encourage. You would have every one of us a Roscius in our profession; and you said that what w^as excellent did not so much attract approbation, as what was faulty produced settled disgust; but I do not think that want of perfection is so disparagingly regarded in us as in the players ; and I observe, accordingly, that we are often heard with the utmost attention, even when we are hoarse, for the interest of the subject itself and of the cause detains the audience; while ^Esopus, if he has the least hoarseness, is hissed ; for at those from whom nothing is expected but to please the ear, offence is taken whenever the least diminution of that pleasure occurs. But in elo- quence there are many qualities that captivate; and, if they are not all of the highest excellence, and yet most of them are praiseworthy, those that are of the highest excellence must necessarily excite admiration. " To return therefore to our first consideration, let the orator be, as Crassus described him, one who can speak in a manner adajDted to persuade; and let him strictly devote himself to those things which are of common practice in civil communities, and in the forum, and, laying aside all other studies, however high and noble they may be, let him apply himself day and night, if I may say so, to this one pursuit, and imitate him to whom doubtless the highest excellence in oratory is conceded, Demosthenes the Athenian, in whom there is said to have been so much ardour and per- severance, that he overcame, first of all, the impediments of nature by pains and diligence; and, though his voice was so inarticulate that he was unable to pronounce the first letter of the very art which he was so eager to acquire, he accom- plished so much by practice that no one is thought to have spoken more distinctly ; and though his breath was short, he effected such improvement by holding it in while he spoke, that in one sequence of words (as his writings show) two risings and two fallings of his voice were included ; ^ and he ^ In one period or sentence he twice raised and twice lowered his voice ; he raised it in the former members of the period, and lowered it in the latter ; and this he did in one breath. Proust. This seems C. LXII.J OX THE CHARACTER OF THE ORATOR. 219 also (as is related), after putting pebbles into his mouth, used to pronounce several verses at the highest pitch of his voice without taking breath, not standing in one place^ but walking forward, and mounting a steep ascent. With such encou- ragements as these, I sincerely agree with you, Crassus, that youths should be incited to study and industry ; other accomplishments which you have collected from various and distinct arts and sciences, though you have mastered them all yourself, I regard as unconnected with the proper business and duty of an orator." LXII. When Antonius had concluded these observations, Sulpicius and Cotta appeared to be in doubt whose discourse of the two seemed to approach nearer to the truth. Crassus then said, *' You make our orator a mere mechanic, Antonius, but I am not certain whether you are not really of another opinion, and whether you are not practising upon us your wonderful skill in refutation, in which no one was ever your superior j a talent of which the exercise belongs properly to orators, but has now become common among philosophers, especially those who are accustomed to speak fully and fluently on both sides of any question proposed. But I did not think, especially in the hearing of these young men, that merely such an orator was to be described by me, as would pass his whole life in courts of justice, and would carry thither nothing more than the necessity of his causes re- quired; but I contemplated something greater, when I ex- pressed my opinion that the orator, especially in such a republic as ours, ought to be deficient in nothing that could adorn his profession. But you, since you have circumscribed the whole business of an orator within such narrow limits, will explain to us with the less difficulty what you have settled as to oratorical^ duties and rules; I think, however, that this may be done to-morrow, for we have talked enough for to-day. And Sceevola, since he has appointed to go to his own Tusculan seat,^ will now repose a little till the heat is abated ; not quite correct. Cicero appears to mean, that of the two members the voice was once raised and once lowered in each. ^ Orellius's text has jprceceptis oratoris ; but we must undoubtedly- read oratoriis with Pearce. 2 Atticus was exceedingly pleased with this treatise, and commended it extremely, but objected to the dismission of Scaevola from the dis- putation, after he had been introduced into the first dialogue. Cicero 220 DE ORATORE j OR, [b. II. and let us also, as the day is so far advanced, consult our health."^ The proposal pleased the whole company. Scsevola then said, ''Indeed, I could wish that I had not made an appointment with Laelius to go to that part of the Tusculan territory to-day. I would willingly hear Antonius;" and, as he rose from his seat, he smiled and added, '^ for he did not offend me so much when he pulled our civil law to pieces, as he amused me when he professed himself ignorant of it." BOOK II. THE AEGUMENT. In this book Antonius gives instructions respecting invention in ora- tory, and the arrangements of the different parts of a speech ; de- partments in which he was thought to have attained great excellence, though his language was not always highly studied or elegant. See Cic. de Clar. Orat. c. 37. As humour in speaking was considered as a part of invention, Caius Julius Caesar, who was called the most face- tious man of his time, speaks copiously on that subject, c. 54 — 71. I. There was, if you remember, brother Quintus, a strong persuasion in us when we were boys, that Lucius Crassus had acquired no more learning than he had been enabled to gain from instruction in his youth, and that Marcus Antonius was entirely destitute and ignorant of all erudition whatsoever; and there were many who, though they did not believe that such was really the case, yet, that they might more easily deter us from the pursuit of learning, when we were inflamed defends himself by the example of their " god Plato," as he calls him, in his book De Eepuhlicd ; where the scene being laid in the house of an old gentleman, Cephalus, the old man, after bearing a part in the first conversation, excuses himself, saying, that he must go to prayers, and returns no more, Plato not thinking it suitable to his age to be de- tained in the company through so long a discourse. With greater reason, therefore, he says that he had used the same caution in the case of Scsevola ; since it was not to be supposed that a person of his dignity, extreme age, and infirm health, would spend several successive days in another man's house : that the first day's dialogue related to his parti- cular profession, but the other two chiefly to the rules and precepts (»f the art, at which it was not proper for one of Scsevola's temper and character to be present only as a hearer. Ad Attic, iv. 16. £, ^ Eetire from the heat, like Scaevola, and take rest. C. I.] ON THE CHARACTER OF THE ORATOR. 221 with a desire of attaining it, took a pleasure in reporting what I have said of those orators ; so that, if men of no learning had acquired the greatest wisdom, and an incredible degree of eloquence, all our industry might seem vain, and the earnest perseverance of our father, one of the best and most sensible of men, in educating us, might appear to be folly. These reasoners we, as boys, used at that time to refute with the aid of witnesses whom we had at home, our father, Caius Aculeo our relative, and Lucius Cicero our uncle ; for our father, Aculeo (who married our mother's sister, and whom Crassus esteemed the most of all his friends), and our own uncle (who went with Antonius into Cilicia, and quitted it at the same time with him), often told us many particulars about Crassus, relative to his studies and learning ; and as we, with our cousins, Aculeo's sons, learned what Crassus approved, and were instructed by the masters whom he engaged, we had also frequent opportunities of observing (since, though boys,^ we could understand this) that he spoke Greek so well that he might have been thought not to know any other language, and he put such questions to our masters, and discoursed upon such subjects in his conversation with them, that nothing appeared to be new or strange to him. But with regard to Antonius, although we had frequently heard from our uncle, a person of the greatest learning, how he had devoted himself, both at Athens and at Rhodes, to the conversation of the most learned men; yet I myself also, when quite a youth, often asked him many questions on the subject, as far as the bashfulness of my early years would permit. What I am writing will certainly not be new to you, (for at that very time you heard it from me,) namely, that from many and various conversations, he appeared to me neither ignorant nor unaccomplished in anything in those branches of knowledge of which I could form any opinion. But there was such peculiarity in each, that Crassus desired not so much to be thought unlearned as to hold learning in contempt, and to prefer, on every subject, the understanding of our countrymen to that of the Greeks ; while Antonius thought that his oratory would be better received by the Roman people, if he were believed to have had no learning at ^ The words cum essemus ejusmodi in this parenthesis, which all commentators regard as corrupt, are left untranslated. 222 DE ORATORE j OR, [b. II. all ; and thus the one imagined that he should have more authority if he appeared to despise the Greeks, and the other if he seemed to know nothing of them. ^ But what their object was, is certainly nothing to our present purpose. It is pertinent, however, to the treatise which I have commenced, and to this portion of it, to remark that no man could ever excel and reach eminence in eloquence, without learning, not only the art of oratory, but every branch of useful knowledge. II. For almost all other arts can sup- port themselves independently, and by their own resources ; but to speak well, that is, to speak with learning, and skill, and elegance, has no definite province within the limits of / which it is enclosed and restricted. Everything that can pos- sibly fall under discussion among mankind, must be effectively treated by him who professes that he can practise this art, or he must relinquish all title to eloquence. For my own part, therefore, though I confess that both in our own country and in Greece itself, w^hich always held this art in the highest estimation, there have arisen many men of extraordinary powers, and of the highest excellence in speaking,^ without this absolute knowledge of everything; yet I affirm that such a degree of eloquence as was in Crassus and Antonius, could not exist without a knowledge of all subjects that contribute to form that wisdom and that force of oratory which were seen Lin them. On this account, I had the greater satisfaction in committing to writing that dialogue which they formerly held on these subjects ; both that the notion which had always prevailed, that the one had no great learning, and that the other was wholly unlearned, might be eradicated, and that I might preserve, in the records of literature, the opinions which I thought divinely delivered by those consummate orators concerning eloquence, if I could by any means learn and fully register them ; and also, indeed, that I might, as far as I should be able, rescue their fame, now upon the decline, from silence and oblivion. If they could have been known from writings of their own, I should, perhaps, have thought it less ^ Multos et ingeniis et magna laude dicendi. This passage, as Ellendt observes, is manifestly corrupt. He proposes ingeniis magnos et laude dicendi ; but this seems hardly Ciceronian. Aldus Manutius noticed that an adjective was apparently wanting to ingeniis, but other editors have passed the passage in silence. C. III.] ox THE CHAKACTER OF THE ORATOR. 223 necessary for me to be thus elaborate; but as one left but little in writing, (at least, there is little extant,) and that he wrote in his youth,^ the other almost nothing, I thought it . due from me to men of such genius, while we still retain a lively remembrance of them, to render their fame, if I could, imperishable. I enter upon this undertaking with the greater hopes of effecting my object,^ because I am not writing of the eloquence of Servius Galba or Caius Carbo, concerning w^hich I should be at liberty to invent whatever I pleased, as no one now living could confute me : but I publish an account to be read by those who have frequently heard the men them- selves of whom I am speaking, that I may commend those two illustrious men to such as have never seen either of them, from the recollection, as a testimony, of those to w^hom both those orators were known, and who are now alive and present among us. III. Nor do I now aim at instructing you, dearest and best of brothers, by means of rhetorical treatises, which you re- gard as unpolished ; (for what can be more refined or grace- ful than your own language 1) but though, whether it be, as you use to say, from judgment, or, as Isocrates, the father of eloquence, has written of himself, from a sort of bashful- ness and ingenuous timidity, that you have shrunk from speaking in public, or whether, as you sometimes jocosely remark, you thought one orator sufficient, not only for one family, but almost for a whole community, I yet think that these books will not appear to you of that kind which may deservedly be ridiculed on account of the deficiency in elegant learning in those who have discussed the art of speaking ; for nothing seems to me to be wanting in the conversation of Crassus and Antonius, that any one could imagine possible to be known or understood by men of the greatest genius, the keenest application, the most consummate learning, and the utmost experience; as you will very easily be able to judge, w^ho have been pleased to acquire the knowledge and theory of oratory through your own exertions, and to observe the practice of it in mine. But that we may the sooner accom- plish the task which we have undertaken, and w^hich is no ^ See Bnit. c. 43, 44. ^ Spe aggredior majore ad prohandum. That ad probandum is to be joined with spe, not with aggrediorj is shown by EUendt on b. i. c. 4, 224 DE ORATORE j OR, [b. II. ordinary one, let us leave our exordium, and proceed to the conversation and arguments of the characters whom I have offered to your notice. The next day, then, after the former conversation had taken place, about the second hour,^ while Crassus was yet in bed, and Sulpicius sitting by him, and Antonius walking with Cotta in the portico, on a sudden Quintus Catulus ^ the elder, with his brother Caius Julius,^ arrived there ; and when Crassus heard of their coming, he arose in some haste, and they were all in a state of wonder, suspecting that the occa- sion of their arrival was of more than common importance. The parties having greeted each other with most friendly salutations, as their intimacy required, " What has brought you hither at last?" said Crassus; "is it anything new?" " Nothing, indeed," said Catulus ; " for you know it is the time of the public games. But (you may think us, if you please," added he, '' either foolish or impertinent) when Csesar came yesterday in the evening to my Tusculan villa, from his own, he told me that he had met Scsevola going from hence ; from whom he said that he had heard a wonderful account, namely, that you, whom I could never entice into such con- versation, though I endeavoured to prevail on you in every way, had held long dissertations with Antonius on eloquence, and had disputed, as in the schools, almost in the manner of the Greeks ; and my brother, therefore, entreated me, not being of myself, indeed, averse to hear you, but, at the same time, afraid we might make a troublesome visit to you, to come hither with him j for he said that Scsevola had told him that a great part of the discourse was postponed till to-day. If you think we have acted too forwardly, you will lay the blame upon Csesar, if too familiarly, upon both of us j for we are rejoiced to have come, if we do not give you ^ The second hour of the morning, answering to our eight o'clock. 2 The same that was consul with Caius Marius, when they obtained, in conjunction, the famous victory over the Cimbri. 2 He was the brother of Quintus Catulus, by the mother's side, and about twenty years his junior. Their mother's name was Popilia. Ellendt. See c. 11. He was remarkable for wit, but his oratory is said to have wanted nerve. Brut. c. 48. Cicero with great propriety makes Sulpicius sit with Crassus, and Cotta walk with Antonius: for Sul- picius wished to resemble Crassus in his style of oratory ; Cotta pre- ferred the manner of Antonius. Brutus, c. ^^. C. IV.] ox THE CHARACTER OF THE ORATOR. 225 trouble by our visit." lY. Crassus replied, "Whatever object had brought you hither. I should rejoice to see at my house men for whom I have so much affection and friendship ; but yet, (to say the truth,) I had rather it had been any other object than that which you mention. For I, (to speak as I think,) was never less satisfied with myself than yesterday; though this happened more through my own good nature than any other fault of mine ; for, while I complied with the request of these youths, I forgot that I was an old man, and did that which I had never done even when young; I spoke on subjects that depended on a certain degree of learning. But it has happened very fortunately for me, that as my part is finished, you have come to hear Antonius." " For my part, Crassus," returned Csesar, ^'I am indeed desirous to hear you in that kind of fuller and continuous discussion, yet so that, if I cannot have that happiness, I can be contented with your ordinary conversation. I will therefore endeavour that neither my friend Sulpicius, nor Cotta, may seem to have more influence with you than myself; and will certainly entreat you to show some of your good nature even to Catulus and me. But if you are not so inclined, T will not press you, nor cause you, while you are afraid of appearing impertinent yourself, to think me impertinent." " Indeed, Caesar," replied Crassus, " I have always thought of all Latin words there was the greatest significance in that which you have just used ; for he whom we call impertinent, seems to me to bear an appellation derived from not heing pertinent; and that appellation, according to our mode of speaking, is of I very extensive meaning; for whoever either does not discern what occasion requires, or talks too much, or is ostentatious of himself, or is forgetful either of the dignity or convenience I of those in whose presence he is, or is in any respect awkward ' or presuming, is called impertinent. With this fault that most learned nation of the Greeks abounds ; and, conse- quently, because the Greeks do not feel the, influence of this evil, they have not even found a name for the foible; for I though you make the most diligent inquiry, you will not find II out how the Greeks designate an imi^ertinent person. But of all their other impertinences, which are innumerable, I do not know whether there be any greater than their custorfi of raising the most subtile disputations on the most difficult or Q 226 DE ORATORE j OR, [b. II. unuecessarj points, in whatever place, and before whatever persons they think proper. This we were compelled to do by these youths yesterday, though against our will, and though we at first declined." V. " The Greeks, however, Crassus," rejoined Catulus, " who were eminent and illustrious in their respective states, as you are, and as we all desire to be, in our own republic, bore no resemblance to those Greeks who force themselves on our ears ; yet they did not in their leisure avoid this kind of dis- course and disputation. And if they seem to you, as they ought to seem, impertinent, who have no regard to times, places, or persons, does this place, I pray, seem ill adapted to our purpose, in which the very portico where we are walking, and this field of exercise, and the seats in so many directions, revive in some degree the remembrance of the Greek gymnasia and disputations 1 Or is the time unsea- sonable, during so much leisure as is seldom afforded us, and is now afforded at a season when it is most desirable ? Or are the company unsuited to this kind of discussion, when we are all of such a character as to think that life is nothing without these studies V "I contemplate all these things," said Crassus, " in a quite different light ; for I think that even the Greeks themselves originally contrived their palaestrse, and seats, and porticoes, for exercise, and amusement, not for dis- putation; since their gymnasia were invented many genera- tions before the philosophers began to prate in them ; and at this very day, when the philosophers occupy all the gymnasia, their audience would still rather hear the discus than a phi- losopher ; and as soon as it begins to sound, they all desert the philosopher in the middle of his discourse, though dis- cussing matters of the utmost weight and consequence, to anoint themselves for exercise; thus preferring the lightest amusement to what the philosophers represent to be of the utmost utility. As to the leisure which you say we have, I agree with you; but the enjoyment of leisure is not exertion of mind, but relaxation. YI. I have often heard from my father-in-law, in conversation, that his father-in-law Lselius was almost always accustomed to go into the country with Scipio, and that they used to grow incredibly boyish again when they had escaped out of town, as if from a prison, into ^«he open fields. I scarcely dare to say it of such eminent C. VI.] ON THE CHARACTER OF THE ORATOR. 227- persons, yet Scaevola is in the habit of relating that they used to gather shells and pebbles at Caieta and Laurentum, and to descend to every sort of pastime and amusement. For such is the case, that as we see birds form and build nests for the sake of procreation and their own convenience, and, when they have completed any part, fly abroad in freedom, dis- engaged from their toils, in order to alleviate their anxiety; so our minds, wearied with legal business and the labours of the city, exult and long to flutter about, as it were, relieved from care and solicitude. In what I said to Scsevola, there- fore, in pleading for Curius,^ I said only what I thought. ' For if,' said I, ' Scaevola, no will shall be properly made but what is of your writing, all of us citizens will come to you with our tablets, and you alone shall write all our wills ; but then,' continued I, ' when will you attend to public business *? when to that of your friends '? when to your own ? when, in a word, will you do nothing ^ ' adding, ^ for he does not seem to me to be a free man, who does not sometimes do nothing ;' of which opinion, Catulus, I still continue ; and, when I come hither, the mere privilege of doing nothing, and of being fairly idle, delights me. As to the third remark which you added, that you are of such a disposition as to think life insipid without these studies, that observation not only does not encourage me to any discussion, but even deters me from it. For as Caius Lucilius, a man of great learning and wit, used to say, that what he wrote he would neither wish to have read by the most illiterate persons, nor by those of the greatest learning, since the one sort understood nothing, and the other perhaps more than himself; to which purpose he also wrote, I do not care to read Persius ^ (for he was, as we know, about the most learned of all our countrymen) ; hut I wish to read Lcelius Decimus (with whom we were also acquainted, a man of worth and of some learning, but nothing to Persius) ; so I, if I am now to discuss these studies of ours, should not wish to do so before peasants, but much less before you; for I had rather that my talk should not be understood than be ' censured." ^ In the speech which he made on behalf of Curius, on the occasion ; mentioned in book i. c. 39. Proust. 2 A learned orator, who wrote in the time of the Gracchi, and who is mentioned by Cicero^ Brut. c. 26. Proust. Of Decimus Lselius nothing is knovra. Ellendt, q2 -28 DE ORATORE ; OR, [b. II, VII. " Indeed, Catulus," rejoined Csesar, " I think I have already gained some profit^ by coming hither; for these reasons for decUning a discussion have been to me a very agreeable discussion. But why do we delay Antonius, whose part is, I hear, to give a dissertation upon eloquenoe in general, and for whom Cotta and Sulpicius have been some time waiting?" ^^ But I," interposed Crassus, ^^ will neither allow Antonius to speak a word, nor will I utter a syllable myself, unless I first obtain one favour from you." "What is if?" said Catulus. "That you spend the day here." Then, while Catulus hesitated, because he had promised to go to his brother's house, " I," said Julius, " will answer for both. We will do so ; and you would detain me even in case you were not to say a single word." Here Catulus smiled, and said, " My hesitation then is brought to an end; for I had left no orders at home, and he, at whose house I was to have been, has thus readily engaged us to you, without waiting for my assent." They then all turned their eyes upon Antonius, who cried out, " Be attentive, I say, be attentive, for you shall hear a man from the schools, a man from the professor's chair, deeply versed in Greek learning ; " and I shall on this account speak with the greater confidence, that Catulus is added to the audience, to whom not only we of the Latin tongue, but even the Greeks themselves, are wont to allow refinement and elegance in the Greek language. But since the whole process of speaking, whether it be an art or a business, can be of no avail without the addition of assurance, I will teach you, my scholars, that which I have not learned myself, what I think of every kind of sioeahing.'' When they all laughed, " It is a matter that seems to me," proceeded he, " to depend very greatly on talent, but only moderately on art; for art lies in things which are known; but all the pleading of an orator depends not on knowledge, but on opinion; for we both address ourselves to those who are ignorant, and speak of what we do not know ourselves; and consequently our hearers think and judge difierently at dif- ferent times concerning the same subjects, and we often take contrary sides, not only so that Crassus sometimes speaks against me, or I against Crassus, when one of us must of • ^ Navdsse operam ; that is, hene coUocdsse. Ernesti. 2 Ironically spoken. C. VIII.] ON THE CHAEACTER OF THE ORATOR. 220 necessity advance what is false; but even that each of us, at different times, maintains different opinions on the same question; when more than one of those opinions cannot pos- sibly be right. I will speak, therefore, as on a subject which is of a character to defend falsehood, which rarely arrives at knowledge,^ and which is ready to take advantage of the opinions and even errors of mankind, if you think that there is still reason why you should listen to me." YIII. " We think, indeed, that there, is very great reason," said Catulus, '^ and the more so, as you seem resolved to use no ostentation ; for you have commenced, not boastfully, but rather, as you think, wdth truth, than with any fanciful notion of the dignity of your subject." " As I have acknow^- ledged then," continued Antonius, '' that it is not one of the greatest of arts, so I allow, at the same time, that certain artful directions may be given for moving the feelings and gaining the favour of mankind. If any one thinks proper to say that the knowledge how to do this is a great art, I shall not contradict him; for as many speakers speak upon causes in the forum without due consideration or method, while others, from study, or a certain degree of practice, do their business with more address, there is no doubt, that if any one sets himself to observe what is the cause why some speak better than others, he may discover that cause; and, consequently, he who shall extend such observation over the whole field of eloquence, i(\'ill find in it, if not an art abso- lutely, yet something resembling an art. And T could wish, that as I seem to see matters as they occur in the forum, and in pleadings, so I could now set them before you just as they are conducted ! ^' But I must consider my own powers. I now assert only that of which I am convinced, that although oratory is not an art, no excellence is superior to that of a consummate orator. For to say nothing of the advantages of eloquence, which has the highest influence in every well-ordered and free state, there is such delight attendant on the very power of eloquent speaking, that nothing more pleasing can be re- ceived into the ears or understanding of man. What music ^ Quos ad scientiam non scepe perveniat. Ellendt encloses these words in brackets as spurious, regarding them as a gloss on the preceding phrase that has crept into the text. Their absence is desirable. 23d DE ORATORE j OR, [i3. II. , can be found more sweet than the pronunciation of a well- ordered oration ? What poem more agreeable than the skilful structure of prose? What actor has ever given greater plea- sure in imitating, than an orator gives in supporting, truth? What penetrates the mind more keenly than an acute and quick succession of arguments'? What is more admirable than thoughts illumined by brilliancy of expression? What nearer to perfection than a speech replete with every variety of matter? for there is no subject susceptible of being treated with elegance and effect, that may not fall under the province of the orator. IX. It is his, in giving counsel on important affairs, to deliver his opinion with clearness and dignity; it is his to rouse a people when they are languid, and to calm them w^hen immoderately excited. By the same power of language, the wickedness of mankind is brought to destruction, and virtue to security. Who can exhort to virtue more ardently than the orator? Who reclaim from vice with greater energy? Who can reprove the bad with more aspe- rity, or praise the good with better grace? Who can break the force of unlawful desire by more effective reprehension? Who can alleviate grief with more soothing consolation? By what other voice, too, than that of the orator, is history, the evidence of time, the light of truth, the life of memory, the directress of life, the herald of antiquity, committed to immortality? For if there be any other art, which professes skill in inventing or selecting words ; if any one, besides the orator, is said to form a discourse, and to vary and adorn it with certain distinctions, as it were, of words and thoughts; or if any method of argument, or expression of thought, or distribution and arrangement of matter, is taught, except by this one art, let us confess that either that, of which this art makes profession, is foreign to it, or possessed in common [with some other art. But if such method and teaching be confined to this alone, it is not, though professors of other arts may have spoken well, the less on that account the pro- perty of this art ; but as an orator can speak best of all men on subjects that belong to other arts, if he makes himself acquainted with them, (as Crassus observed yesterday,) so the professors of other arts speak more eloquently on their own subjects, if they have acquired any instruction from this art; for if any person versed in agriculture has spoken or written C. X.] ON THE CnARACTER OF THE ORATOR. 231 with eloquence on rural affairs, or a physician, as many have done, on diseases, or a painter upon painting, his eloquence is not on that account to be considered as belonging to any of those arts ; although in eloquence, indeed, such is the force of human genius, many men of every class and profession^ attain some proficiency even without instruction ; but though you may judge what is peculiar to each art, when you have observed what they severally teach, yet nothing can be more certain than that all other arts can discharge their duties without eloquence, but that an orator cannot even acquire his name without it; so that other men, if they are eloquent, borrow something from him; while he, if he is not supplied from his own stores, cannot obtain the power of speaking from any other art." X. Catulus then said, ^' Although, Antonius, the course of your remarks ought by no means to be retarded by inter- ruption, yet you will bear with me and grant me pardon; for I cannot help crying out, as he in the Trinummus^ says, so ably do you seem to me to have described the powers of the orator, and so copiously to have extolled them, as the eloquent man, indeed^ must necessarily do; he must extol eloquence best of all men ; for to praise it he has to employ the very eloquence which he praises. But proceed, for I agree with you, that to speak eloquently is all your own ; and that, if any one does so on any other art, he employs an accomplishment borrowed from something else, not peculiar to him, or his own." " The night/' added Crassus, '^ has made you polite to us, Antonius, and humanized you; for in yes- terday's address to us,^ you described the orator as a man that can do only one thing, like a waterman or a ^poHer, as Csecilius^ says; a fellow void of all learning and politeness." ^'Why yesterday," rejoined Antonius, "I had made it my object, if I refuted you, to take your scholars from you;^ but now, as Catulus and Csesar make part of the audience, I think I ought not so much to argue against you, as to ^ The reader will observe that the construction in the text is multi omnium generum atque artium, as EUendt observes, referring to Matthiae. 2 iii^ 2, 7. ^ See b. i. c. 62. * The writer of Comedies, Vincere Ccecilius gravitate^ Terentius arte. Hor. ^ I wished to refute you yesterday, that I might draw Sc99vola and Cotta from you. This is spoken in jest. Proust. 232 DB ORATORE ; OR, [b. II. declare what I myself think. It follows then, that, as the orator of whom we speak is to be placed in the forum, and in the view of the public, we must consider what employ- ment we are to give him, and to what duties we should wish him to be appointed. For Crassus^ yesterday, when you, Catulus and Caesar, were not present, made, in a few words, the same statement, in regard to the division of the art, that most of the Greeks have made; not expressing what he himself thought, but what was said by them ; that there are two principal sorts of questions about which eloquence is employed; one indefinite, the other definite. He seemed to me to call that indefinite in which the subject of inquiry is general, as. Whether eloquence is desirable; whether honours should be sought; and that definite in which there is an inquiry with respect to particular persons, or any settled and defined point; of which sort are the questions agitated in the forum, and in the causes and disputes of private citizens. These appear to me to consist either in judicial pleadings, or in giving counsel ; for that third kind, which was noticed by Crassus, and which, I hear, Aristotle^ himself, who has fully illustrated these subjects, added, is, though it be useful, less necessary." "What kind do you mean"?" said Catulus; ^^is it panegyric? for I observe that that is introduced as a third kind." XI. "It is so," says Antonius; "and as to this kind of oratory, I know that I myself, and all who were present, were extremely delighted when your mother Popilia^ was honoured with a panegyric by you; the first woman, I think, to whom such honour was ever paid in this city. But it does not seem to me that all subjects on which we speak are to be included in art, and made subject to rules; for from those fountains, whence all the ornaments of speech are drawn, we may also take the ornaments of panegyric, without requiring elementary instructions; for who is ignorant, though no one teach him, what qualities are to be com- mended in any person 1 For if we but look to those things which Crassus has mentioned, in the beginning of the speech which he delivered when censor in opposition to his col- league,'* That in those things which are bestowed on mankind bij nature or fortune^ he could contentedly allow himself to he 1 B. i. c. 31. 2 i^iiet. i. 3, 1. ^ ggg ^^^6 on c. 3. ^ Domitius Ahenobarbus. Plin. H. E". xvii. 1. c. xil] on the character of the orator. 233 excelled; hut that in whatever men could procure for them- selves, he could not suffer himself to he excelled, he who would pronounce the panegyric of any person, will understand that he must expatiate on the blessings of fortune; and these are advantages of birth, wealth, relationship, friends, resources, health, beauty, strength, talent, and such other qualities as are either personal, or dependent on circumstances; and, if he possessed these, he must show that he made a proper use of them ; if not, that he managed wisely without them ; if he lost them, that he bore the loss with resignation ; he must then state what he whom he praises did or suffered with w^isdom, or with liberality, or with fortitude, or with justice, or with honour, or with piety, or with gratitude, or with humanity, or, in a word, under the influence of any virtue. These particulars, and whatever others are of similar kind, he will easily observe who is inclined to praise any person; and he who is inclined to blame him the contrary." " Why then do you hesitate," said Catulus, ^* to make this a third kind, since it is so in the nature of things'? for if it is more easy than others, it is not, on that account, to be excluded from the number." '' Because I am unwilling," replied Antonius, '' to treat of all that falls under the province of an orator, as if nothing, however small it may be, could be uttered without regard to stated rules. Evidence^ for in- stance, is often to be given, and sometimes with great exact- ness, as I was obliged to give mine against Sextus Titius,^ a seditious and turbulent member of the commonwealth ; when, in delivering my evidence, I explained all the proceedings of my consulate, in which I, on behalf of the commonwealth, opposed him as tribune of the people, and exposed all that I thought he had done contrary to the interest of the state ; I was detained long, I listened to much, I answered many objections ; but would you therefore wish, when you give precepts on eloquence, to add any instructions on giving evidence as a portion of the art of oratory ? " XII. "There is, indeed," said Catulus, '^ no necessity." "Or if (as often happens to the greatest men) communications are to be delivered, either in the senate from a commander in 1 A tribune of the people, a.tj.c. 655, whom Antonius opposed about the Agrarian law. He is mentioned also in c. QQ, and appears to be the same that is said to have played vigorously at ball, ii. 62, iii. 23. Ellendt, See also Cic. Brut. c. 62. 234 DE ORATORE j OR, [b. II. chief, or to such a commander, or from the sena^te to any king or people, does it appear to yoa that because, on such subjects, we must use a more accurate sort of language than ordinary, this kind of speaking should be counted as a department of eloquence, and be furnished with peculiar precepts ? " " By no means," replied Catulus ; " for an eloquent man, in speaking on subjects of that sort, will not be at a loss for that talent which he has acquired by practice on other matters and topics." " Those other kinds of subjects, therefore," continued Antonius, '' which often require to be treated with eloquence, and which, as I said just now, (when I was praising eloquence,) belong to the orator, have neither any place in the division of the parts of oratory, nor fall under any peculiar kind of rules, and yet must be handled as eloquently as arguments in pleadings; such are reproof, exhortation, consolation, all which demand the finest graces of language ; yet these matters need no rules from art." "I am decidedly of that opinion," said Catulus. " Well, then, to proceed/' said Antonius, '- what sort of orator, or how" great a master of language, do you think it requires to write history 1 " " If to write it as the Greeks have written, a man of the highest powers," said Catulus ; ^^ if as our own countrymen, there is no need of an orator ; it is sufficient for the writer to tell truth." '' But," rejoined Antonius, " that you may not despise those of our own country, the Greeks themselves too wrote at first just like our Cato, and Pictor, and Piso. For history was nothing else but a compilation of annals ; and accordingly, for the sake of preserving the memory of public events, the pontifex maximus used to commit to writing the occurrences of every year, from the earliest period of Roman affairs to the time of the pontifex Publius Mucins, and had them engrossed on white tablets, which he set forth as a register in his own house, so that all the people had liberty to inspect it ; and these records are yet called the Great Annals. This mode of writing many have adopted, and, without any ornaments of style, have left behind them simple chronicles of times, per- sons, places, and events. Such, therefore,- as were Pherecydes, Hellanicus, Acusilas,^ and many others among the Greeks, ^ Of these, Acusilas or Acusilaus, a native of Argos, was the most ancient, according to Suidas. Ellendt. The others are better known. C. XIII.] ON THE CHARACTER OF THE ORATOR. 235 are Cato, and Pictor, and Piso with us, who neither under- stand how composition is to be adorned (for ornaments of style have been but recently introduced among us), and, pro- vided what they related can be understood, think brevity of expression the only merit. Anti pater/ an excellent man, the friend of Crassus, raised himself a little, and gave history a higher tone ; the others were not embellishers of facts, but mere narrators." XIII. "It is," rejoined Catulus, ^^ as you say; but Anti- pater himself neither diversified his narrative by variety of thoughts, nor polished his style by an apt arrangement of words, or a smooth and equal flow of language, but rough- hewed it as he could, being a man of no learning, and not extremely well qualified for an orator ; yet he excelled, as you say, his predecessors." " It is far from being wonderful," said Antonins, " if history has not yet made a figure in our language ; for none of our countrymen study eloquence, un- less that it may be displayed in causes and in the forum ; whereas among the Greeks, the most eloquent men, wholly unconnected with public pleading, applied themselves as well to other honourable studies as to writing history; for of Herodotus himself, who first embellished this kind of writing, we hear that he was never engaged in pleading ; yet his eloquence is so great as to delight me extremely, as far as I can understand Greek writing. After him, in my opinion, Thucydides has certainly surpassed all historians in the art of composition; for he is so abundant in matter, that he almost equals the number of his words by the number of his thoughts; and he is so happy and judicious in his expressions,^ that you are at a loss to decide whether his facts are set off by his style, or his style by his thoughts; and of him too we do not hear, though he was engaged in public affairs, that he was of the number of those who pleaded causes, and he is said to have written his books at a time when he was removed from all civil employments, and, as usually happened to every ^ Lucius Cselius Antipater published a history of the Punic "Wars, as Cicero says in his Orator, and was the master of Crassus, the speaker in these dialogues, as appears from Cic. Brut. c. 26. Proust. 2 Aptus et pressus. A scriptor, or orator aptus, will be one " struct^ et rotunda compositione verborum utens " ; and p7^essus will be, " in verborum circuitione nee superfluens nee claudicans." Ellendt. 236 DE oratore; or, [b. il eminent man at Athens, was driven into banishment. He was followed loj Philistus^ of Syracuse, who, living in great fami- liarity with the tyrant Dionysius, spent his leism^e in writing- history, and, as I think, principally imitated Thucydides. But afterwards, two men of great genius, Theopompus and Ephorus, coming from what we may call the noblest school of rhetoric, applied themselves to history by the persuasion of their master Isocrates, and never attended to pleading at all. XIV. At last historians arose also among the philosophers ; first Xenophon, the follower of Socrates, and afterwards Calli- sthenes, the pupil of Aristotle and companion of Alexander. The latter wrote in an almost rhetorical manner; the former used a milder strain of language, which has not the anima- tion of oratory, but, though perhaps less energetic, is, as it seems to me, much more pleasing. Timseus, the last of all these, but, as far as I can judge, by far the most learned, and abounding most with richness of matter and variety of thought, and not unpolished in style, brought a large store of eloquence to this kind of writing, but no experience in plead- ing causes." When Antonius had spoken thus, "What is this, Catulusf said Caesar. " Where are they who say that Antonius is igno- rant of Greek ? how many historians has he named ! and how learnedly and judiciously has he spoken of each ! " '^ On my fword," said Catulus, " while I wonder at this, I cease to won- der at what I regarded with much greater wonder before, namely, that he, being unacquainted with these matters, should have such power as a speaker." " But, Catulus," said Antonius," my custom is to read these books, and some others, when I have leisure, not to hunt for anything that may improve me in speaking, but for my own amusement. What profit is there from it then 1 I own that tliere is not much ; yet there is some : for as, when I walk in the sun, though I may walk for another purpose, yet it naturally happens that I gain a deeper colour ; so when I have read those books attentively at Misenum,^ (for at Eome I have scarcely oppor- tunity to do so,) I can perceive that my language acquires a complexion,^ as it were, from my intercourse with them. 1 He is called Pusillus Thucydides by Cicero, Ep. ad Q. Fratr. xii. 2 A promontory of Campania, where Antonius had a country house. 3 Ruhnken, in a note on Tim3eus*s Lex. p. 78, expresses a suspicion C. XV.] ON THE CHARACTER OF THE .ORaTOR. 237 But, that you may not take what I say in too wide a sense, I only understand such of the Greek writings as their authors wished to he understood by the generahty of people. If I ever fall in with the philosophers, deluded by the titles to their books, as they generally profess to be written on well-known and plain subjects, as virtue, justice, probity, pleasure, I do not understand a single word of them; so restricted are they to close and exact disputations. The poets, as speaking in a different language, I never attem^pt to touch at all ; but amuse myself, as I said, with those who have written history, or their own speeches,^ or who have adopted such a style that they seem to wish to be familiar to us who are not of the deepest erudition. XY. But I return to my subject. Do you see how far the study of history is the business of the orator? I know not whether it is not his most important business, for flow and variety of diction; yet I do not find it any- where treated separately under the rules of the rhetoricians. Indeed, all rules respecting it are obvious to common view ; for who is ignorant that it is the first law in writing history, that the historian must not dare to tell any falsehood, and the next, that he must be bold enough to tell the whole truth? Also, that there must be no suspicion of partiality in his writings, or of personal animosity'? These fundamental rules are doubtless universally known. The superstructure depends on facts and style. The course of facts requires atten- tion to order of time, and descriptions of countries; and since, in great affairs, and such as are worthy of remembrance, first the designs, then the actions, and afterwards the results, are expected, it demands also that it should be shown, in regard to the designs, what the writer approves, and that it should be told, in regard to the actions, not only what was done or said, but in what manner ; and when the result is stated, that all the causes contributing to it should be set forth, whether arising from accident, wisdom, or temerity; and of the cha- racters concerned, not only their acts, but, at least of those that Cicero, when he wrote this, was thinking of a passage in Plato's Letters, Ep. vii. p. 718, F. Greenwood. Orellius very judiciously in- serts tactu, the conjecture of Ernesti, in his text, instead of the old reading cantu, which, though Ellendt retains and attempts to defend it, cannot be made to give any satisfactory sense. ^ Cicero means orators. The speeches which historians have written are not given as their own, but put into the mouths of others. Ellendt, 238 PE ORATORE ; OR, [b. II. eminent in reputation and dignity, the life and manners of each. The sort of language and character of style to be ob- served must be regular and continuous, flowing with a kind of equable smoothness, without the roughness of judicial ppleadings, and the sharp-pointed sentences used at the bar. ' Concerning all these numerous and important points, there are no rules, do you observe, to be found in the treatises of the rhetoricians. " In the same silence have lain many other duties of the orator; exhortation, consolation, precept, admonition, all of which are subjects for the highest eloquence, and yet have no place in those treatises on the art which are in circulation. Under this head, too, there is an infinite field of matter ; for p(as Crassus observed) most writers assign to the orator two kinds of subjects on which he may speak; the one concerning stated and defined questions, such as are treated in judicial pleadings or political debates, to which he that will may add panegyrics; the other, what all authors term, (though none give any explanation,) questions unlimited in their kind, with- out reference to time or person. When they speak of this sort of subjects, they do not appear to know the nature and extent of it ; for if it is the business of an orator to be able to speak on whatever subject is proposed without limitation, he will have to speak on the magnitude of the sun, and on the shape of the earth; nor will be able, when he has undertaken such a task, to refuse to speak on mathematical and musical subjects. In short, for him who professes it to be his business to speak not only on those questions which are confined to certain times and persons, (that is, on all judicial questions,) but also on such as are unlimited in their kinds, there can be no subject for oratory to which he can take exception. XVI. " But if we are disposed to assign to the orator that sort of questions, also, which are undefined, unsettled, and of extreme latitude, so as to suppose that he must speak of good and evil, of things to be desired or avoided, honourable or dishonourable, profitable or unprofitable ; of virtue, justice, temperance, prudence, magnanimity, liberality, piety, friend- ship, fidelity, duty, and of other virtues and their opposite vices, as well as on state affairs, on government, on military matters, on civil polity, on morality ; let us take upon us that sort of subjects also, ])ut so that it be circumscribed by mo- C. XVII.] ON THE CHAKACTER OF THE ORATOR. 239 derate limits. I think, indeed, that all matters relative'; to intercourse between fellow-citizens, and the transactions of mankind in general, every thing that concerns habits of life, administration of public affairs, civil society, the common sense of mankind, the law of nature, and moral duties, falls within the province of an orator, if not to such an extent that he may answer on every subject separately, like the philosophers, yet so at least that he may interweave them judiciously into his pleadings; and may speak upon such topics as those w^ho established laws, statutes, and common- wealths, have spoken upon them, with simplicity and perspi- cuity, without any strict order of discussion, or jejune conten- tion about words. That it may not seem wonderful that no rules on so many topics of such importance are here laid down by me, I give this as my reason : As, in other arts, when the most difficult parts of each have been taught, other particulars, as being easier, or similar, are not necessary to be taught: for example, in painting, he who has learned to paint the figure of a man, can paint one of any shape or age without special instruction; and as there is no danger that he who excels in painting a lion or a bull, will be unable to succeed in painting other quadrupeds ; (for there is indeed no art whatever, in which everything capable of being effected by it is taught by the master; but they who have learned the general principles regarding the chief and fixed points, accomplish the rest of themselves without any trouble ;) so I conceive that in oratory, whether it be an art, or an attain- ment from practice only, he who has acquired such ability, that he can, at his pleasure, influence the understandings of those who listen to him with some power of deciding, on questions concerning public matters, or his own private affairs, or con- cerning those for or against whom he speaks, will, on every other kind of oratorical subject, be no more at a loss what to say than the famous Polycletus, when he formed his Hercules, w^as at a loss how to execute the lion's skin, or the hydra, al- \ though he had never been taught to form them separately." -^ XVII. Catulus then observed, '- You seem to me, Anto- nius, to have set clearly before us what he who designs to be an orator ought to learn, and what he may assume from that which he has learned without particular instruction; for you have reduced his whole business to two kinds oiF 240 DE OEATORE ; OR, [b. II. causes only, and have left particulars, which are innumerable, to practice and comparison. But take care lest the hydra and lion's skin be included in those two kinds, and the Hercules, and other greater works be left among the matters which you omit. For it does not seem to me to be less diffi- cult to speak on the nature of things in general, than on the causes of particular persons, and it seems even much more difficult to discourse on the nature of the gods, than on mat- ters that are litigated amongst men." '' It is not so," replied Antonius; "for to you, Catulus, I will speak, not so much like a person of learning, as, what is more, one of experience. To speak on all other subjects is, believe me, mere play to a man who does not want parts or practice, and is not desti- tute of common literature or polite instruction; but, in con- tested causes, the business is of great difficulty; I know not whether it be not the greatest by far of all human efforts, where the abilities of the orator are, by the unlearned, esti- mated according to the result and success ; where an adver- sary presents himself armed at all points, who is to be at once attacked and repelled ; where he, who is to decide the question, is averse, or offended, or even friendly to your adversary, and hostile to yourself ; when he is either to be instructed or undeceived, /estrained or incited, or managed in every way, by force of argument, according to the cause and occasion ; when his benevolence is often to be turned to hostility, and his hostility to benevolence ; when he is to be moved, as by some machinery, to severity or to indulgence, to sorrow or to merriment, — you must exert your whole power of thought, and your whole force of language; with which must be joined a delivery varied, energetic, full of life, full of spirit, full of feeling, full of nature. If any one, in such efforts as these, shall have mastered the art to such a degree, that, like Phidias, he can make a statue of Minerva, he will, like that great artist, find no difficulty in learning how to execute the smaller figures upon the shield," XYIII. '^The greater and more wonderful you repre- sent such performances," said Catulus, " the greater longing possesses me to know by what methods or precepts such power in oratory may be acquired; not that it any longer concerns me personally, (for my age does not stand in need of it, and we used to pursue a different plan of speaking, as we C. XIX. J ox THE CHARACTER OF THE ORATOR. 241 never extorted decisions from the judges by force of elo- quence, but rather received them from their hands^ aftet conciliating their goodwill only so far as they themselves would permit.) yet I wish to learn your thoughts, not for any advantage to myself, as I say, but from a desire for know- ledge. Nor have I occasion for any Greek master to repeat his hackneyed precepts, when he himself never saw the forum, or was present at a trial ; presumption similar to what is told of PhorDiio the peripatetic ; for when Hannibal, driven from Carthage, came to Ephesus as an exile to seek the pro- tection of Antiochus, and, as his name was held in great honour among all men, was invited by those who entertained him to hear the philosopher whom I mentioned, if he were inclined ; and when he had signified that he was not unwilling, that copious speaker is said to have harangued some hours upon the duties of a general, and the whole military art ; and when the rest of the audience, who were extremely delighted, inquired of Hannibal what he thought of the phi- losopher, the Carthaginian is reported to have answered, not in very good Greek, but with very good sense, that 'he had seen many doting old men, but had never seen any one deeper in his dotage than Phormio.' Nor did he say so, indeed, without reason; for what could have been a greater proof of arro- gance, or impertinent loquacity, than for a Greek, who had never seen an enemy or a camp, or had the least concern in any public employment, to deliver instructions on the military art to Hannibal, who had contended so many years for empire with the Romans, the conquerors of all nations 1 In this manner all those seem to me to act, who give rules on the art of speaking ; for they teach others that of which they have no experience themselves. But they are perhaps less in error in this respect, that they do not attempt to instruct you, Catulus, as he did Hannibal, but boys only, or youths.'' XIX. " You are wrong, Catulus," said Antonius, " for I myself have met with many Phormios. Who, indeed, is there among those Greeks that seems to think any of us un- derstand anything ? To me, however, they are not so veiy troublesome; I easily bear with and endure them all; for they either produce something which diverts me, or make me repent less of not having learned from them. I dismiss them less contumeliously than Hannibal dismissed the philo- B ./ 242 DE ORATOEE j OR, [b. II. soplier, and on that account, perhaps, have more trouble with them; but certainly all their teaching, as far as I can judge, is extremely ridiculous. For they divide the whole matter of oratory into two parts; the controversy about the cause and about the question. The cause they call the matter relating to the dispute or litigation affecting the persons con- cerned ; ^ the question, a matter of infinite doubt. Respecting the cause they give some precepts ; on the other part of [pleading they are wonderfully silent. They then make five parts, as it were, of oratory ; to invent what you are to say, to arrange what you have invented, to clothe it in proper language, then to commit it to memory, and at last to deliver it with due action and elocution; a task, surely, requiring no _very abstruse study. For who would not understand without assistance, that nobody can make a speech unless he has settled what to say, and in what words, and in what order, and remembers it ? Not that I find any fault with these rules, but I say that they are obvious to all ; as are likewise those four, five, six, or even seven partitions, (since they are differently divided by different teachers,) into which every / oration is by them distributed ; for they bid us adopt such an exordium as to make the hearer favourable to us, and willing to be informed and attentive ; then to state our case in such a manner, that the detail may be probable, clear, and concise ; next^ to divide or "Jropound the question ; to confirm / what makes for us by arguments and reasoning, and refute what makes for the adversary; after'^this some place the conclusion of the speech, and peroration as it were; others direct you, before you come to the peroration, to make a digression by way of embellishment or amplification, then to \_sum up and conclude. JSTor do I altogether condemn these divisions ; for they are made with some nicety, though with- out sufficient judgment, as must of necessity be the case with men who had no experience in real pleading. For the precepts which they confine to the exordium and statement of facts are to be observed through the whole speech ; since I can more easily make a judge favourable to me in the pro- gress of my speech, than when no part of the cause has been .^ Reorum. This reading is very properly adopted by Orellius and Ellendt, in place of the old revum. Ellendt refers to c. 43 and 79 for the sense of reus. C. XX.] ox THE CHARACTER OF THE ORATOR. 243 heard ; and desirous of information, not when I promise that I will prove something, but when I actually prove and explain ; and I can best make him attentive, not by the first statement, but by working on his mind through the whole course of the pleading. As to their direction that the state- ment of facts should be probable, and clear, and concise, they direct rightly; but in supposing that these qualities be- long more peculiarly to the statement of facts than to the whole of the speech, they seem to me to be greatly in error ; and their whole niistake lies assuredly in this, that they think oratory an art or science, not unlike other sciences, such as Crassus said yesterday might be formed from the civil law itself; so that the general heads of the subject must first be enumerated, when it is a fault if any head be omitted ; next, the particulars under each general head, when it is a fault if any particular be either deficient or redundant; then the definitions of all the terms, in which there ought to be nothing either wanting or superfluous. XX. '' But if the more learned can attain this exactness in the civil law, as well as in other studies of a small or moderate extent, the same cannot, I think, be done in an afiair of this compass and magnitude. If, however, any are of opinion that it can be done, they must be introduced to those who profess to teach these things as a science; they will find everything ready set forth and complete ; for there are books) without number on these subjects, neither concealed nor' obscure. But let them consider what they mean to do; whether they will take up arms for sport or for real warfare; for with us a regular engagement and field of battle require one thing, tjie parade and school of exercise another. Yet preparatory exercise in arms is of some use both to the gladi- ator and the soldier ; but it is a bold and ready mind, acute and quick at expedients, that renders men invincible, and certainly not less efiectively if art be united with it. " I will now, therefore, form an orator for you, if I can ; com- mencing so as" to ascertain, first of all, what he is able to do. Let him have a tincture of learning; let him have heard and read something; let him have received those very instruc- tions in rhetoric to which I have alluded. I will try what becomes him; what he can accomplish with his voice, his lungs, his breath, and his tongue. If I conceive that he may r2 244 DE ORATOEE j OR, [b. II. reach the level of eminent speakers, I will not only exhort him to persevere in labour, but, if he seem to me to be a good man,^ will entreat him; so much honour to the w^hole community do I think that there is in an excellent orator, who is at the same time a good man. But if he shall appear likely, after he has done his utmost in every way, to be numbered only among tolerable speakers, I will allow him to act as he pleases, and not be very troublesome to him. But if he shall be altogether unfit for the profession, and wanting in sense, I will advise him to make no attempts, or to turn himself to some other pursuit. For neither is he, who can do excellently, to be left destitute of encouragement from us, nor is he, who can do some little, to be deterred; because one seems to me to be the part of a sort of divinity; the other, either to refrain from what you cannot do extremely well, or to do what you can perform not contemptibly, is the part of a i-easonable human being ; but the conduct of the third character, to declaim, in spite of decency and natural deficiency, is that of a man who, as you said, Catulus, of a certain haranguer, collects as many witnesses as possible of his folly by a proclamation from himself Of him then, who shall prove such as to merit our exhortation and encourage- ment, let me so speak as to communicate to him only what experience has taught myself, that, under my guidance, he may arrive at that point which I have reached without any guide ; for I can give him no better instructions. XXI. " To commence then, Catulus, by taking an example from our friend Sulpicius here; I first heard him, when he was but a youth, in a cause of small importance ; he was possessed of a voice, figure, deportment, and other qualifications suited for the profession which we are considering. His mode of speaking was quick and hurried, which w^as owing to his genius; his style animated and somewhat too redundant, which was owing to his youth. I was very far from enter-- ^ Cato defined an orator mr bonus dicendi peritus. Cicero in this passage, under the character of Antonius, and in his own person, De Inv. i. 3, 4, signifies that though he thinks a good character of great importance in an orator, he does not deny that much eloquence may at times be found in a man of bad character. Cato and Cicero spoke each according to the character of his own age. Quintilian, xii. 1, goes back ^ to the opinion of Cato. Aristotle had previously required good morals in an orator, Rhet. i. 2, 4 ; ii. 1, 5. Ellendt. . C. XXII.] ON THE CHARACTER OF THE ORATOR. 245 taining a slight opinion of him, since I like fertiHty to show itself in a young man ; for, as in vines, those branches which have spread too luxuriantly are more easily pruned than new shoots are produced by culture if the stem is defective ; so I would wish there to be that in a youth from which I may take something away. The sap cannot be enduring in that which attains maturity too soon. I immediately saw his ability ; nor did I lose any time, but exhorted him to consider the forum as his school for improving himself, and to choose whom he pleased for a master ; if he would take my advice, Lucius Crassus. To this advice he eagerly listened, and assured me that he would act accordingly ; and added also, as a compli- ment, that I too should be a master to him. Scarce a year had passed from the time of this conversation and recom- mendation of mine, when he accused Caius Norbanus,^ and I defended him. It is incredible what a difference there appeared to me between him as he was then and as he had been a year before; nature herself led him irresistibly into the magnificent and noble style of Crassus ; but he could never have arrived at a satisfactory degree of excellence in it,' if he had not directed his efforts, by study and imitation, in the same course in which nature led him, so as intently to contemplate Crassus with his whole mind and faculties. XXII. " Let this, then, be the first of my precepts, to point out to the student whom he should imitate, and in such a manner that he may most carefully copy the chief excellen- cies of him whom he takes for his model. Let practice then follow, by which he may represent in his imitation the exact resemblance of him whom he chose as his pattern; not as I have known many imitators do, who endeavour to acquire by imitation what is easy, or what is remarkable, or almost faulty; for nothing is easier than to imitate any person's dress, or attitude, or carriage ; or if there is anything offensive in a character, it is no very difficult matter to adopt it, and be offensive in the same way ; in like manner as that Fusius, who even now, though he has lost his voice, rants on public topics, could never attain that nervous style of speaking which Caius Fimbria had, though he succeeds in imitating his distortion of features and broad pronunciation ; but he neither knew how to choose a pattern whom he would chiefly resemble, and in him ^ See c. 47. 246 DE oratore; or, [b. ii. that he did choose, he preferred copying the blemishes. But he who shall act as he ought, must first of all be very careful in making this choice, and must use the utmost diligence to attain the chief excellencies of him whom he has approved. " What, let me ask, do you conceive to be the reason why almost every age has produced a' peculiar style of speaking ] a matter on which we cannot so easily form a judgment in regard to the orators of our own country, (because they have, to say the truth, left but few writings from which such judgment might be formed,) as those of the Greeks, from whose writings it may be understood what was the character and tendency of eloquence in each particular age. The most ancient, of whom there are any works extant, are Pericles ^ and Alcibiades,^ and, in the same age, Thucydides, writers perspicacious, pointed, concise, abounding more in thoughts than in words. It could not possibly have happened that they should all have the same character, unless they had pro- posed to themselves some one example for imitation. These were followed in order of time by Critias, Theramenes, and Lysias. There are extant many writings of Lysias, some of Critias j^ of Theramenes^ we only hear. They all still re- tained the vigorous style of Pericles, but had somewhat more exuberance. Then behold Isocrates arose, from whose school,^ ^ Cicero, Brut, c 7, says that some conipositions were in circulation under the name of Pericles ; and Quintilian, iii. 1, 12, looking to that observation of Cicero, tacitly assents to those who denied the genuine- ness of those compositions. See also Quint, x. 2, 22; 10, 49. EllevLdt. 2 That Alcibiades left nothing in writing, though he had great repu- tation as a speaker, seems to be rightly inferred by Ruhnken from Demosth. De Cor. c. 40. Thucydides is here mentioned among orators, on account of the orations which he inserted in his history. Ellendt. ^ He wrote not only orations, which are mentioned by Dionys. Halicarn. de Lysia jud. c. 2, cf. de Is£eo, c. 2, by Phrynichus, ap. Phot, cod. 158, and by others, but also tragedies, elegies, and other works. That he was eloquent and learned we are told by Cicero, De Or. iii, 34, Brut. c. 7. Henrichsen. The remains of his writings were collected by Bach, 1&27. Ellendt. * The eloquence of Theramenes is mentioned by Cicero, iii. 16, Brut. c. 7. The writings which Suidas enumerates as being his were doubtless spurious. See Ruhnken, Hist. Crit. Or. Gr. p. xl. Ellendt. ^ The words magister istorum omnium, which, though retained by Orellius, are pronounced spurious by Lambinus, Ernesti, Ruhnken, Schutz, and Ellendt, are left untranslated. '^ They cannot be Cicero's words," says Ellendt, '' even though they are found quoted by Nonius, p. 344." C. XXIII.] ON THE CHARACTER OP THE ORATOR. 247 as from the Trojan horse, none but real heroes proceeded; but some of them were desirous to be distinguished on parade, some in the field of battle. XXIII. Accordingly those Theopompi, Ephori, Philisti,^ Naucratse,^ and many others, differ in genius, but in their manner bear a strong resem- blance both to each other and to their master; and those who applied themselves to causes, as Demosthenes, Hyperides, ^schines, Lycurgus, Dinarchus, and a multitude of others, although they were dissimilar in abilities one to another, yet were all engaged in imitating the same kind of natural excellence ; and as long as the imitation of their manner lasted, so long did that character and system of eloquence prevail. Afterwards, when these were dead, and all recollec- tion of them grew gradually obscure, and at last vanished, more lax and remiss modes of speaking prevailed. Subse- quently Demochares, who, they say, was the son of Demo- sthenes' sister and the famous Demetrius Phalereus, the most polished of all that class, in my opinion, and others of like talents, arose; and if we choose to pursue the list: down to the present times, we shall understand, that, as at this day all Asia imitates the famous Menecles of Alabanda, and his brother Hierocles, to both of whom we have listened, so there has always been some one whom the generality desired to resemble. " Whoever, then, shall seek to attain such resemblance, let him endeavour to acquire it by frequent and laborious exercise, and especially by composition ; and if our friend Sulpicius would practise this, his language would be more compact; for there is now in it at times, as farmers say of their * Henrichsen and Ellendt read Philisci. Philistus, apparently, from the way in which he is mentioned in c. 13, has, as Ellendt observes, no place here. " Philiscus of Miletijs, a disciple of Isocrates (see Anon. Vit. Isocr.), and master of Timseus the historian (see Suidas, under Philiscus and Timaeus), wrote a treatise on rhetoric, orations, and a life of Lycurgus, noticed by Olympiodorus in Comment, ad Plat. Gorg. and other works. See Rnhnken, Hist. Crit. Gr. Or. p. Ixxxiii. Goell. de Situ et Orig. Syracus. p. 114." Henrichsen. ^ Naucrates, a native of Erythrae, called 'icroKpdrovs kraipos by Dio- nysius Halicarnassensis, Rhet. vi. 1, was distinguished for the composi- tion of funeral orations. He seems also to have written on "rhetoric. See Cicero, De Orat. iii. 44 ; Brut. 51 ; Quintil. iii. 6, 3 ; also Taylor, Lectt. Lys. c. 3, p. 232 ; Ruhnk. Hist. Crit. Or. Gr. p. Ixxxiv. Hen- richsen. 24:8 DE ORATOREj OR, [b. IL corn when in the blade, amidst the greatest fertility, a sort of luxuriance which ought to be, as it were, eaten down ^ by the use of the pen." Here Sulpicius observed, '^ You advise me rightly, and I am obliged to you ; but I think that even you, x4.ntonius, have never written much." " As if," rejoined An- tonius, " I could not direct others in matters in which I am deficient myself; but. indeed, I am supposed not to write even my own accounts. But in this particular a judgment may be formed from my circumstances, and in the other from my ability in speaking, however small it be, what I do in either way. We see, however, that there are many who imitate nobody, but attain what they desire by their own natural powers, without resembling any one ; a fact of which an instance may be seen in you, Ceesar and Cotta; for one of you has acquired a kind of pleasing humour and wit, unusual in the orators of our country; the other an extremely keen and subtle species of oratory. Nor does Curio, who is about your age, and the son of a father who was, in my opinion, very eloquent for his time, seem to me to imitate any one much; but by a certain force, elegance, and copiousness of expression, has formed a sort of style and character of elo- quence of his own ; of which I was chiefly enabled to judge in that cause which he pleaded against me before the Cen- tumviri, in behalf of the brothers Cossi, and in which no quality was wanting in him that an orator, not merely of fluency, but of judgment, ought to possess. XX I Y. '^ But to conduct, at length, him whom we are forming to the management of causes, and those in which there is considerable trouble, judicial trials, and contested suits, (somebody will perhaps laugh at the precept which I am going to give, for it is not so much sagacious as necessary, and seems rather to proceed from a monitor who is not quite a fool, than from a master of profound learning,) our first ^ This is one of Virgil's directions to the farmer in the first Georgic, where he gives the reason for it, Quid, qui ne gravidis procumbat culmus aristis, Luxuriem segetum tenera depascit in herba, Cum primum sulcos eequant sata? — Georg. i. 114. And Pliny, 1. 18 : " Luxuries segetum castigatur dente pecoris, in herba duntaxat, et depastae quidem vel ssepius nullam in spica inju- riam sentiunt : ita juvenilis ubertas et luxuries orationis stylo et assiduitate scribendi quasi absumitur et reprimitur." — B. C. XXIV.] ON THE CHARACTER OF THE ORATOR. 249 precept for him shall be, That whatever causes he undertakes to plead, he must acquire a minute and thorough knowledge of them. This is not a precept laid down in the schools ; for easy causes are given to boys. ^ The law forbids a stranger to ascend the wall ; he ascends it ; he beats back the enemy ; he is accused.' It is no trouble to understand such a cause as this. They are right, therefore, in giving no precepts about learning the cause ; for such is generally the form of causes in the schools. But in the forum, wills, evidence, contracts, covenants, stipulations, relationship by blood, by afi&nity, decrees, opinions of lawyers, and even the lives and characters of those concerned in the cause, are all to be investigated ; and by negligence in these particulars we see many causes lost, especially those relative to private concerns, as they are often of greater intricacy. Thus some, while they would have their business thought very extensive, that they may seem to fly about the whole forum, and to go from one cause to another, speak upon causes which they have not mastered, whence they incur much censure ; censure for negligence, if they voluntarily undertake the business, or for perfidiousness, if they undertake it under any engagement ;^ but such censure is assuredly of worse consequence than they imagine, since- nobody can possibly speak on a subject which he does not understand, otherwise than to his own disgrace; and thus, while they despise the imputation of ignorance, which is in reality the greater fault, they incur that of stupidity also, which they more anxiously avoid. " It is my custom to use my endeavour, that every one of my clients may give me instructions in his own affairs him- self, and that nobody else be present, so that he may speak with the greater freedom. ^ I am accustomed also to plead to him the cause of his adversary, in order to engage him to plead his own, and state boldly what he thinks of his own case. When he is gone, I conceive myself in three characters, ^ Magna offensio vel negligentice, susceptis rebus, vel perfidice, receptis. Recipere is used with a reference to others, by whom we allow some duty to be laid upon us ; suscipere regards only ourselves. Ellendt. 2 Inertia. This passage puzzled Lambinus and others, who did not see how the reproach of inertia in an orator could be greater than that of tarditas, or stupidity. But inertia here . signifies artis ignorantiay ignorance of his art, which is doubtless the greatest fault in an orator. Verhurg. 250 DE ORATORE j OR, [b. II. my own, that of the adversary, and that of the judge. What- ever circumstance is such as to promise more support or as- sistance than obstruction, I resolve to speak upon it ; where- ever I find more harm than good, I set aside and totally reject that part entirely; and thus I gain this advantage, that I consider at one time what I shall say, and say it at another; two things which most speakers, relying upon their genius, do at one and the same time; but certainly those very persons would speak considerably better, if they would but resolve to take one time for premeditation, and another for speaking. *^ When I have acquired a thorough understanding of the business and the cause, it immediately becomes my con- sideration what ground there may be for doubt. For of all points that are disputed among mankind, whether the case is of a criminal nature, as concerning an act of violence ; or controversial, as concerning an inheritance; or deliberative, as on going to war ; or personal, as in panegyric ; or argu- mentative, as on modes of life ; there is nothing iu which the inquiry is not either what has been done, or is being done, or will be done, or of what nature a thing is, or how it should be designated. XXY. " Our causes, such at least as concern <;riminal matters, are generally defended by the plea of not guilty ; for in charges of extortion of money, which are the most im- portant, the facts are almost all to be denied ; and in those of bribery to procure offices, it is seldom in our power to distin • guish munificence and liberality from corruption and criminal largess. In accusations of stabbing, or poisoning, or embezzle- ment of the public money, we necessarily deny the charge. On trials, therefore, the first kind of causes is that which arises from dispute as to the fact. In deliberations, the dis- cussion generally springs from a question as to what is to be done, rarely about anything present or already done. But oftentimes the question is not whether a thing is a fact or not, but of what nature it is ; as when the consul. Gains Carbo, in my hearing, defended the cause of Opimius before the people, he denied no circumstance of the death of Cains Gracchus, but maintained that it was a lawful act for the good of his country ; or, as when Publius Africanus replied to the same Garbo, (then tribune of the people, engaging in political affairs with J. XXVI. J ox THE CHARACTER OF THE ORATOR. 251 very different views/ and asking a question about the death of Tiberius Gracchus,) 'that he seemed to have been lawfully put to death,' But every thing may be asserted to have been done lawfully, which is of such a kind that it may be said that it ought to have been done, or was properly or necessarily done, or done unawares, or by accident. Then the question, ' what a thing should be called,' arises when there is a dispute by what term an act should be designated; as was the great point of dispute between myself and our friend Sulpicius in iSi orbanus's cause ; for though I admitted most of the charges made by him on the other side, I still denied that treason had been committed by Norbanus; on the signification of which word, by the Apuleian law,^ the whole cause depended. And in this species of causes some lay it down as a rule, that both parties should define clearly and briefly the term that gives rise to the question. This seems to me extremely puerile ; for it is quite a different thing from defining words, when any dispute arises among the learned about matters relating to science; as when it is inquired, what is an art, what is a law, what is a state? On which occasions reason and learning direct, that the whole force of the thing which you define should be expressed in such a manner that there be nothing omitted or supei-fluous ; but this neither Sulpicius did in that cause, nor did I attempt to do it ; for each of us, to the best of our abilities, enlarged with the utmost copiousness of language upon what it was to commit treason. Since, in the first place, a definition, if one word is objectionable, or may be added or taken away, is often wrested out of our hands ; and in the next, the very practice itself savours of school learning and almost puerile exercise ; and besides, it cannot penetrate into the mind and understanding of the judge, for it glides off.before it has made any impression. XXYI. " But in that kind of causes in which it is disputed of what nature any thing is, the contest often arises from the interpretation of writing ; when there can be no contro- versy but about something that is doubtful. For even the case, in which the written letter differs from the intention, ^ Because he was then attached to the party of the Gracchi. Proust. ^ A law of Lucius Apuleius Saturninus, tribune of the people, a.u.C. 652. It is also mentioned in c. 49. But neither the cause nor subject of it is at all known. EllendU 252 DE ORATORE j OR, [b. II. involves a species of doubt, which is cleared up when the words which are wanting are supplied ; and such addition being made, it is maintained that the intention of the writ- ing was clear ; and if any doubt arises from contradictory writings, it is not a new kind of controversy that arises, but a cause of the former sort is doubled ;^ and this can either never be determined, or must be so determined, that by supplying the omitted words, the writing which we defend, whichsoever of the two it is, may be rendered complete. Thus, of those causes which arise from a contro- versy about a writing, when anything is expressed ambi- guously, there exists but one kind. But as there are many sorts of ambiguities, (which they who are called logicians seem to me to understand better than other men; while those of our profession, who ought to know them full as well, seem to be ignorant of them,) so that is the most frequent in occurrence, either in discourse or writing, when a question arises from a word or words being left out. They make another mistake when they distinguish this kind of causes, which consist in the interpretation of writing, from those in which it is disputed of what nature a thing is; for there is nowhere so much dispute respecting the exact nature of a thing as in regard to writing, which is totally separated from controversy concerning fact. There are in all, therefore, three sorts of matters, which may possibly fall under doubt and discussion ; what is now done, what has been done, or what is to be done; what the nature of a thing is, or how it should be designated; for as to the question which some Greeks add, whether a thing be rightly done, it is wholly included in the inquiry, what the nature of the thing is. XXVII. " But to return to my own method. When, after hearing and understanding the nature of a cause, I proceed to examine the subject matter of it, I settle nothing until I have ascertained to what point my whole speech, bearing immediately on the question and case, must be directed. I then very diligently consider two other points ; the one, how to recommend myself, or those for whom I plead ; the other, / how to sway the minds of those before whom I speak to that ^ Superioris generis causa duplicatur, Ellendt explains these words thus : "in the same cause, the allegations of the two parties are judged as two separate questions of the same kind." C. XXVII.] ox THE CHARACTER OF THE ORATOR. 253 which I desire. Thus the whole business of speaking rests! upon three things for success in persuasion; that we prove what we maintain to be true ; that we conciliate those who 1 hear; that we produce in their minds whatever feeling our' cause may require. For the purpose of proof, two kinds of] matter present themselves to the orator; one, consisting of such things as are not invented by him, but, as appertaining to the cause, are judiciously treated by him, as deeds, testi- monies, covenants, contracts, examinations, laws, acts of the senate, precedents, decrees, opinions of lawyers, and whatever else is not found out by the orator, but brought under his notice by the cause and by his clients ; the other, consist- ing entirely in the orator's own reasoning and arguments : so that, as to the former head, he has only to handle the arguments with which he is furnished ; as to the latter, to invent arguments likewise. Those who profess to teach elo- quence, after dividing causes into several kinds, suggest a number of arguments for each kind ; which method, though it may be better adapted to the instruction of youth, in order that when a case is proposed to them they may have some- thing to which they may refer, and from whence they may dmw forth arguments ready prepared; yet it shows a slow- ness of mind to pursue the rivulets, instead of seeking for the fountain-head ; and it becomes our age and experience to derive what we want to know from the source, and to ascer- tain the spring from which everything proceeds. " But that first kind of matters which are brought before the orator, ought to be the constant subject of our contem- plation for general practice in affairs of that nature. For in support of deeds and against them, for and against evidence, for and against examinations by torture, and in other sub- jects of that sort, we usually speak either of each kind in general and abstractedly, or as confined to particular occa- sions, persons, and causes ; and such common-places (I speak to you, Cotta and Sulpicius) you ought to keep ready and prepared with much study and meditation. It would occupy too much time at present to show by what means we should confirm or invalidate testimony, deeds, and examinations. These matters are all to be attained with a moderate share of capacity, though with very great practice; and they require art and instruction only so far, as they should be 254: pE ORATORE j OR, [b. II. illustrated with certain embellishments of language. So also those which are of the other kind, and which proceed wholly from the orator, are not difficult of invention, but require perspicuous and correct exposition. As these two things, therefore, are the objects of our inquiry in causes, first, what we shall say, and next, how we shall say it ; the former, which seems to be wholly concerned with art, though it does indeed require some art, is yet an affair of but ordinary un- derstanding, namely, to see what ought to be said ; the latter is the department in which the divine power and excellence of the orator is seen; I mean in delivering what is to be said with elegance, copiousness, and variety of language. XXYIII. " The former part,^ then, since you have once declared it to be your pleasure, I will not refuse to finish off and complete, (how far I shall succeed you will best judge,) and shall show from what topics a speech must be furnished JLn order to effect these three objects which alone have power to persuade ; namely, that the minds of the audience be con- ciliated, informed^ and moved, for these are the three; but ■ how they should be illustrated, there is one present who can instruct us all; one who first introduced this excellence into our practice, who principally improved it, who alone has brought it to perfection. For I think, Catulus, (and I will say this without any dread of a suspicion of flattery,) that there is no orator, at all more eminent than ordinary, either Grecian, or Roman, that our age has produced, whom I have not heard often and attentively ; and, therefore, if there is any ability in me, (as I may now presume to hope, since you, men of such talents, take so much trouble in giving me audience,) it arises from thm, that no orator ever delivered anything in my hearing, which did not sink deeply into my memory ; and I, such as I am, and as far as I have capacity to form a judgment, having heard all orators, without any hesitation decide and pronounce this. That none of them all had so many and such excellent accomplishments in speaking as are in Crassus. On which account, if you also are of the same opinion, it will not, as I think, be an unjust partition, if, when I shall have given birth and education and strength to this orator whom I am forming, as is my design, I deliver * Which shows what a speaker ought to say, and what is effective ia persuading an audience. Proust. C. XXVIII. J ON THE CHARACTER OF THE ORATOR. him to Crassus to be furnished with apparel and ments." Crassus then said, " Do you rather, Antonius, go on as ^ have commenced ; for it is not the part of a good or Hberall parent not to clothe and adorn him Avhom he has engendered^ and brought up ; especially as you cannot deny that you are wealthy enough. For what grace, what power, what spirit, what dignity was wanting to that orator, who at the close of a speech did not hesitate to call forth his accused chent, though of consular rank, and to tear open his garment, and to ^ expose to the judges the scars on the breast of the old com- mander'?^ who also, when he defended a seditious madman,^ Sulpicius here being the accuser, did not hesitate to speak in favour of sedition itself, and to demonstrate, with the utmost power of language, that many popular insurrections are just, for which nobody could be accountable? addingthat manyseditions had occurred to the benefit of the commonwealth, as when the kings were expelled, and when the power of the tribunes was established ; and that the sedition of Norbanus, proceed- ing from the grief of the citizens, and their hatred to Csepio, who had lost the army, could not possibly be restrained, and was blown up into a flame by a just indignation. Could this, so hazardous a topic, so unprecedented, so delicate, so new, be handled without an incredible force and power of elo- quence ■? What shall I say of the compassion excited for Cneius Manhus,^ or that in favour of Quintus Rex 1 * What of other innumerable instances, in which it was net* that ex- traordinary acuteness, w^iich everybody allows you, that was most conspicuous, but it was those very qualities which you ^ Manius Aquilius, who, after the termination of the servile war in Sicily, was brought to trial on a charge of extortion. As he was -un- willing to entreat the pity of the judges, Antonius, who pleaded for him, tore open his tunic in front, and showed the scars of the honour- able wounds which he had received in battle. He was acquitted. Livy, Epit. Proust. 2 Norbanus the tribune. See note on c. 47. Ellendt. ^ He was consul with Publius Eutilius, a.u.c. 649 ; and having refused to unite his troops with those of Quintus Caepio, the proconsul, was de- feated by the Cimbri, and lost his army. Livy, Ep. Ixvii. For this miscarriage he was, with Caepio, brought to trial, and must have been defended by Antonius. Ellendt. * Of the trial of Quintus Marcius Eex nothing is known. EllericiU DE ORATORE ; OR, !ribe to me, that were always eiD II. Qt XXIX. " For my part," said Catulus is- :omed most to admire in you both, is, that v ly 'unlike each other in your manner of s . -■ of you speaks so well, that nothing seems 3n denied you by nature, or not to have b*- •.. )u by learning. You, therefore, Crassus, from y ig disposition, will neither withhold from r-h thj^ \\ . . of "^ whatever may have been inadvertently ( ,•,.; it .(J by Antonius ; nor if you, Antonius, do riot ?peak • • :y point, we shall think, not that you could not speak o • it that you preferred that it should be i.reated * ,." Here Crassus said, " Do you rather, Antonius, se particulars which you have proposed to treat, ana whicii no. one here needs, namely, from what to ■'•'■'*« ih^ ^^^<1-,^^> ^nts made in pleadings are to be derived, .. .gii they would be treated by you in a new and excellent way, are in their nature very easy, and commonly set forth in books of rules; but show us those resources whence you draw that eloquence which you frequently exert, and always divinely." " I will indeed show you them," said Antonius ; " and that I may the more easily obtain from you what I require, I will refuse you nothing that you ask. The supports of my whole eloquence, and that power of speaking which Crassus just now extolled to the skies, are, as I observed before, three / processes; the first, that of conciliating my hearers; the second, C^hat of iDstructing them ; and the third, that of moving them. The first of these divisions requires mildness of address ; the second penetration ; the third energy ; for it is impossible but that he, who is to determine a cause in our favour, must either lean to our side from propensity of feeling, or be swayed by the arguments of our defence, or be forced by action upon his mind. Bat shice that part, in which the opening of the case itself and the defence lie, seems to comprehend all that is laid down as doctrine on this head, I shall speak on that first, and say but few words ; for I seem to have but few observations gained from experience, and imprinted as it were on my memory. XXX. " We shall willingly consent to your judicious pro- posal, Crassus, to omit those defences for every sort of causes, C. XXX.] ox THE CHARACTER OF THE ORATOR. 257 which the masters of rlietoric are accustomed to teach boys ; and to open those sources whence all arguments for every cause and speech are derived. For neither, as often as we have occasion to writj any word, need the letters of that word be so often collected in our thoughts ; nor, as often as. we are to plead a cause, need we turn to the separate argu- ments for that cause ; but we should have certain common- places which, like letters for forming a word, immediately occur to us to aid in stating a cause. But these common- places can be of advantage only to that orator who is conver- sant in business, and has that experience which age at length brings with it ; or one w^ho has so much attention and power of thought as to anticipate age by study and diligence. For if you bring to me a man of ever so deep erudition, of ever so acute and subtile an intellect, or ever so ready an elocu- tion, if he be a stranger to the customs of civil communities, to the examples, to the institutions, to the manners and inclinations of his fellow-citizens, the common-places from which arguments are drawn will be of little benefit to him. I must have a well-cultivated genius, like a field not once ploughed only, but again and again, with renewed and re- peated tillage, that it may produce better and larger crops ; and the cultivation here required is experience, attentive hearing of other orators, reading, and writing. " First, then, let him examine the nature of his cause, which is never obscure so far as the inquiry ^ whether a thing has been done or not ;' or ' of what nature it is ;' or ^ what name it should receive ;' and when this is ascertained, it imme- diately occurs, with the aid of natural good sense, and not of those artifices which teachers of rhetoric inculcate, ^what con- stitutes the cause,' that is, the point without which there would be no controversy; then, 'what is the matter for trial,* which they direct you to ascertain in this manner : Opimius slew Gracchus : what constitutes the cause ? ' That he slew him for the good of the republic, when he had called the people to arms, in consequence of a decree of the senate.' Set this point aside, and there will be no question for trial. But Decius denies that such a deed could be authorized contrary to the laws. The point therefore to be tried will be, 'whether Opimius had authority to do so from the decree of the senate, for the good of the commonwealth.' These s ; ojE, 258 DE ORATOBEj OJE, [b. II. matters are indeed clear, and may be settled by common sense j but it remains to be considered what arguments, re- lative to the point for trial, ought to be advanced, as well by the accuser as by him who has undertaken the defence. XXXI. " Here we must notice a capital error in those mas- ters to whom we send our children ; not that it has much to do with speaking, but that you may see how stupid and un- polished a set of men they are who imagine themselves learned. For, in distinguishing the different kinds of speaking, they make two species of causes. One they call, Hhat in which the question is about a general proposition, without reference to persons and times ;' the other, ' that which is confined to certain persons and times ;' being ignorant that all contro- versies must have relation to the force and nature of the general position ; for in that very cause which I mentioned, the person of Opimius or Decius has nothing to do with the common arguments of the orator ; since the inquiry has un- restricted reference to the question in general, ' whether he seems deserving of punishment who has slain a citizen under a decree of the senate for the preservation of his country, when such a deed was not permitted by the laws.' There is indeed no cause in which the point that falls under dispute is considered with reference to the parties to the suit, and not from arguments relating to. such questions in general. But even in those very cases where the dispute is about a fact, as ' whether Publius Decius^ has taken money contrary to law, the arguments both for the accusation and for the defence must have reference to the general question, and the general nature of the case; as, to show that the defendant is expen- sive, the arguments must refer to luxury ; that he is covetous of another's property, to avarice ; that he is seditious, to turbulent and ill-designing citizens in general ; that he is convicted by many proofs, to the general nature of evidence : and, on the other side, whatever is said for the defendant, must of necessity be abstracted from the occasion and individual, and referred to the general notions of things and questions of the kind. These, perhaps, to a man who cannot readily compre- hend in his mind all that is in the nature of things, may seem ^ He was accused of having been bribed to bring Opimius to triaj for having caused the death of Caius Gracchus. See Smith's Diet, of Eiog. and Mythol. Art. Decius, n 4. C. SXXII.] ON THE CHARACTER OF THE ORATOR. 259 extremely numerous to come under consideration when the question is about a single fact ; but it is the number of charges, and not of modes of defence, or topics for them, that is infinite.^ XXXII. "But when there is no contest about facts, the questions on the nature of facts, if you reckon them from the number of the partie"s accused, are innumerable and in- tricate j if from the facts themselves, very few and clear. For if we consider the case of Mancinus ^ so as referring to Man- cinus alone, then, whenever a person whom the chief herald has surrendered to the enemy is not re-admitted into his country, a new case will arise. But if what gives rise to the controversy be the general question, ^ whether to him whom the chief herald has surrendered, if he has not been re-admitted into his country, there seems to be a right of return,' the name of Mancinus has nothing to do with the mode of speak- ing upon it, or the arguments for the defence. And if the merit or demerit of the person give rise to any discussion, it is wholly beside, the question; and the part of the speech re- ferring to the question must, of necessity, be adapted to such arguments in general. I do not reason upon these subjects for the purpose of confuting learned teachers; although those merit reproof, who, in their general definition, describe this sort of causes as relating to persons and times. For, although times and persons are incident to them, yet it should be understood, that the causes depend not upon them, but ujpon the gep^ral question. But this is not my business ; for w^e ought to have no contest with that sort of people ; it is suffi- cient that this only should be known, that they have not even attained a point which they might have effected amid so much leisure, even without any experience in affairs of the forum ; that is, they might have distinguished the gene- ral natures of cases, and explained them a little more accu- rately. But this, as I' said, is not my business ; it is mine, and much more yours, my friends Cotta and Sulpicius, to know, that as their artificial rules now stand, the multitude ^ Innumerable accusations may be brought against a person, as against Verres by Cicero ; but the loci, common topics or grounds, on which the attack or defence will rest, (respecting, for instance, avarice, luxury, violence, treason,) will be but few. Ellendt, 2 See i. 40. S2 ?^^ DE oratore; or, [b. it. of causes is to be dreaded; for it is infinite, if they are referred to persons ; so many men, so many causes ; but, if they are referred to general questions, they are so limited and few, that studious orators of good memory and judgment ought to have them digested in their minds, and, I may almost say, learned by heart ; unless perhaps you imagine that Lucius Crassus took his notion of that famous cause ^ from Manius Curius personally; and thus brought many arguments to show why, though no posthumous son was born, yet Curius ought to be the heir of Coponius. The name of Coponius, or of Curius, had no influence at all on the array of arguments advanced, or on the force and nature of the question ; the whole controversy had regard to all affairs and events of that kind in general, not to particular occasions or names ; since the writing was thus. If a son is horn to me, and lie die before , etc., then let him he my heir ; and if a son was not born, the question was whether he ought to be heir who was appointed heir on the death of the son. XXXIII. '' A question regarding unvarying equity, and of a general nature, requires no names of persons, but merely skill in speaking, and sources of proper argument. In this respect even the lawyers themselves are an impediment to us, and hinder us from learning; for I perceive it to be gene- rally reported in the books of Cato and of Brutus, what answers they gave on points of law to any particular man or woman by name; that we might imagine, I suppose, some cause for consultation or doubt to have arisen from the per- sons, not from the thing; so that, since persons are innu- merable, we might be deterred from the study of the law, and lay aside all inclination to learn it, at the same time with all hope of ever attaining a thorough knowledge f)f it. " But Crassus will some day make all these points clear to us, and set them forth arranged under general heads ; for you must know, Catulus, that he promised us yesterday, that he would reduce the civil law, which is now in a state of confusion and dispersion, under certain general heads, and digest it into an easy system." " And indeed," said Catulus, '^ that is by no means a difficult undertaking for Crassus, who has all of law that can be learned, and he will supply tliat which was wanting in those who taught him; for he will ^ See i. 39. C. XXXIV.] ox THE CHARACTER OF THE ORATOR. 261 be able to define exactly, and to illustrate eloquently, every point comprehended in the law." '" We shall then," said Antonius, " learn all these things from Crassus, when he shall have betaken himself, as he intends, from the tumult of public business and the benches of the forum, to a quiet retreat, and to his thrrne."^ '* I have indeed often," observed Catulus, " heard hipi say, ' that he was resolved to retire from pleading and the courts of justice j' but, as I frequently tell him, it will never be in his power ; for neither will he permit his assistance to be repeatedly implored in vain by persons of character, nor will the public endure his retire- ment patiently, as they will think that if they lose the elo- quence of Lucius Crassus, they will lose one of the principal ornaments of the city." " Indeed then," remarked Antonius, " if what Catulus says is true, Crassus, you must still live on in the same workshop with me, and we must give up thai; yawning and sleepy science to the tranquillity of the Scsevolae and other such happy people." Here Crassus smiled a little, and said, *^ Finish weaving, Antonius, the web which . you have begun ; yet that yawning science, as you term it, when I have sheltered myself under it, will vindicate my right to liberty." XXXiy. " This is indeed the end," continued Antonius, *^of that part on which I just now entered; for it is now understood that all matters which a'dmit of doubt are to be decided, not with reference to individuals, who are innu- , merable, or to occasions, which are infinitely various, but to ' general considerations, and the nature of things ; that general considerationFare not only limited in number, but very few; that those who are studious of speaking should embrace in their minds -the subjects peculiar to the several departments of eloquence, arranged under general heads, as well as arrayed and adorned, I mean with thoughts and illustrations. These will, by their own force, beget words, w^hich always seem to me to be elegant enough, if they are such that the subject seems to have suggested them. And if you ask the truth, (as far, that is, as it is apparent to me, for I can affirm nothing more than my own notions and opinions,) we ought to carry this preparatory stock of general questions and common-places into the forum with us ; and not, when any cause is brought ^ See i 45; also iii. 33; ii 55; and De Legg. i. 3. 2(j2 DE ORATOEEj OE, [b. II. before us, begin then to seek for topics from which we may draw our arguments ; topics which, indeed, by all who have made, them the subject of but moderate consideration, may be thoroughly prepared by means of study and practice ; but the thoughts must still revert to those general heads and common-places to which I have so often alluded, and from which all arguments are drawn for every species of oratory. All that is required, whether it result from art, or observation, or practice, is but to know those parts of the field in which you may hunt for, and trace out, what you wish to find; for when you have embraced in your thoughts the whole of any topic, if you are but well practised in the treatment of sub- jects, nothing will escape you, and every circumstance mate- rial to the question will occur and suggest itself to you. XXXY. ^' Since, then, in speaking, three things are re- quisite for finding argument; genius, method, (which, if we please, we may call art,) and diligence, I cannot but assign the chief place to genius ; yet diligence can raise even genius itself out of dulness; diligence, I say, which, as it avails in all things, is also of the utmost moment in pleading causes. Diligence is to be particularly cultivated by us ; it is to be constantly exerted ; it is capable of effecting almost every- thing. That a cause is thoroughly understood, as I said at first, is owing to diligence; that we listen to our adversary attentively, and possess ourselves, not only of his thoughts, but even of his every word; that we observe all the motions of his countenance, which generally indicate the workings of the mind, is owing to diligence ; [but to do this covertly, that he may not seem to derive any advantage to himself, is the part of prudence ;] ^ that the mind ruminates on those topics which i shall soon mention, that it insinuates itself tho- roughly into the cause, that it fixes itself on it with care and attention, is owing to diligence; that it applies the memory like a light, to all these matters, as well as the tone of voice and power of delivery, is owing to diligence. Betwixt genius and diligence there is very little room left for art; art only shows you where to look, and where that lies which you want to find; all the rest depends on care, attention, consideration, vigilance, assiduity, industry; all ' The words in brackets are regarded by all the best critics as the production of some interpolator. C. XXXVII.] ox THE CHARACTER OP THE ORATOR. 263 which I include in that one word which I have so often repeated, diligence; a single virtue, in which all other virtues are comprehended. For we see how the philosophers abound in copiousness of language, who, as I think, (but you, Catulus, know these matters better,) lay down no precepts of eloquence, and yet do not, on that account, the less under- take to speak with fulness and fluency on whatever subject is proposed to them." XXXVI. Catulus then observed, "It is as you say, Antonius, that most philosophers deliver no precepts of eloquence, and yet are prepared with something to say on any subject. But Aristotle, he whom I admire more than any of them, has set forth certain topics from which every line of argument may be deduced, not only for the disputations of philosophy, but even for the reasoning which we use in pleading causes; from whose notions your discourse, Anto- nius, has for some time past not varied; whether you, froni a resemblance to that divine genius, hit upon his ti-ack, or whether you have read and made yourself master of his w^ritings; a supposition indeed w^hich seems to be more pro- bable than the other, for I see that you have paid more atten- tion to the Greek writers than we had imagined." " You shall hear from myself," said he, ^'Catulus, what is really the case : I always thought that an orator would be more agreeable to the Roman people, and better approved, w^ho should give, above all, as little indication as possible of artifice, and none at all of having studied Grecian literature. At the same time, when the Greeks undertook, professed, and executed such great things, when they offered to teach mankind how- to penetrate the most obscure subjects, to live virtuously and to speak eloquently, I thought it the part of an irrational animal rather than a man, not to pay them some degree of attention, and, if we cannot venture to hear them openly, for fear of diminishing our authority with our own fellow- citizens, to catch their words at least by listening privately, and hearkening at a distance to w^hat they stated ; and thus I have acted, Catulus, and have gained a general notion of the arguments and subjects of aU their writers." XXXYII. '-'Really and truly," said Catulus, "you have steered your bark to the coasts of philosophy with the utmost caution, as if you had been approaching some rock of un- 264 DE ORATORE ; OR, [b.II. lawful desire/ though this country has never despised philo- sophy. For Italy was formerly full of Pythagoreans, at the time when part of this country was called Great Greece:^ (whence some report that Numa Pompilius, one of our kings, was a Pythagorean; though he lived many years before the time of Pythagoras ; for which reason he is to be accounted the greater man, as he had the wisdom and knowledge to regulate our state, almost two centuries before the Greeks knew that it had arisen in the w^orld;) and certainly this country never produced men more renowned for glorious actions, or of greater gravity and authority, or possessed of more polite learning than Publius Africanus, Caius Leelius, and Lucius Furius, who always had about them publicly the most learned men from Greece. I have often heard them say, that the Athenians had done what was very pleasing to them, and to many of the leading men in the city, in sending, w^hen they despatched ambassadors to the senate about im- portant concerns of their own, the three most illustrious philosophers of that age, Carneades, Critolaus, and Diogenes; who, during their stay at Rome, were frequently heard lec- turing by them and others. And when you had such authori- ties as these, Antonius, I wonder why you should, like Zethus in Pacuvius's play,^ almost declare war against philosophy." " I have not by any means done so," replied Antonius, '' for I have determined rather to philosophize, like Ennius's Neoptolemus, a little, since to he absolutely a philosopher is not agreeable to me. But my opinion, which I think I have clearly laid down, is this: I do not disapprove of such studies, if they be but moderately pursued ; but I think that ^ That the allusion is to the islands of the Sirens, who tried to allure Ulysses to listen to their song, the commentators have already observed. Elleyidt. 2 Quum erat in hac genite Magna ilia Grcecia, "when Great Greece was in (or among) this people." In hac gente, 1. e. in Italis, among the Italians, or in Italy. Ellendt. ^ In one of the tragedies of Pacuvius were represented two brothers, Amphion and Zethus, the former fond of philosophy, music, and the refined arts, the other of a rougher disposition, addicted to war and despising science. To this story Horace also alludes, Ep. i. 18. 41 : Gratia sic fratrum geminorum Amphionis atque Zethi, dissiluit, donee suspecta severo Conticuit lyra. Fraternis cessisse putatur Moribus Amphion. i>. C. XXXVIII.] ON THE CHARACTER OF THE ORATOR. 265 the reputation of that kind of learning, and all suspicion of artifice, is prejudicial to the orator with those who have the decision of affairs; for it diminishes the authority of the speaker and the credit of his speech." XXXYIII. " But that our conversation may return to the point from which it digressed, do you observe that of those three illustrious philosophers, who, as you said, came to Rome, one was Diogenes, wdio professed to teach the art of reasoning w^ell, and distinguishing truth from falsehood, w^hich he called by the Greek name SiaXeKTiKyj, or logic'? In this art, if it be an art, there are no directions how truth may be discovered, but only how it may be judged. For everything of which we speak we either affirm to be or not to be ; ^ and if it be expressed absolutely, the logicians take it in hand to judge whether it be true or false ; or, if it be expressed con- ditionally, and qualifications are added, they determine whe- ther such qualifications are rightly added, and whether the conclusion of each syllogism is true ; and at last they torment themselves wdth their own subtilties, and, after much dis- quisition, find out not only what they themselves cannot resolve, but even arguments, by which what they had before begun to resolve, or rather had almost made clear, is again involved in obscurity. Here, then, that Stoic ^ can be of no assistance to me, because he does not teach me how to find out what to say ; he is rather even an impediment to me ; for he finds many difficulties which he says can by no means be cleared, and unites with them a kind of language that .is not clear, easy, and fluent; but poor, dry, succinct, and concise; and if any one shall approve such a style, he will approve it w^ith the acknowledgment that it is not suited to the orator. For our mode of speaking is to be adapted to the ear of the mul- titude, to fascinate and excite their minds, and to prove- matters that are not weighed in the scales of the goldsmith, but in the balance, as it were, of popular opinion; we may therefore entirely dismiss an art which is too silent about the invention of arguments, and too full of words in pronouncing judgment on them. That Critolaus^ whom you mention as ^ In this passage I adopt the correction, or rather restoration, ol Ellendt, Nam et omne, quod eloquimur, fit, tU id aut esse dicamus aut non esse. All other modern editions for fit have sic, 2 Diogenes, and other Stoics like him. Proust, 266 DE ORATOREj OR, [b. II. having come hitlier with Diogenes, might, I fancy, have been of more assistance to our studies, for he was out of the school of that Aristotle from whose method I seem to you not greatly to differ. Between this Aristotle, (of whom I have read, as well that book in which he explains the rhe- torical systems of all who went before him, as those in which he gives us some notions of his own on the art,) between him, I say, and the professed teachers of the art, there appeared to me to be this difference : that he with the same acuteness of intellect with which he had penetrated the qualities and nature of things throughout the universe, saw into everything that pertained to the art of rhetoric, which he thought beneath him ; but they, who thought this . art alone worthy of cultivation, passed their whole lives in con- templating this one subject, not with as much ability as he, but with constant practice in their single pursuit, and greater devotion to it. As to Carneades, that extraordinary force and variety of eloquence which he possessed would be ex- tremely desirable for us; a man who never took up any argument in his disputations which he did not prove ; never attacked any argument that he did not overthrow. But this is too arduous an accomplishment to be expected from those who profess and teach rhetoric. XXXIX. "If it were my desire that a person totally illiterate should be instructed in the art of speaking, I would willingly send him to these perpetual workers at the same employment, who hammer day and night on the same anvil, and who would put his literary food into his mouth, in the smallest pieces, minced as fine as possible, as nurses put theirs into the mouths of children. But if he were one who had had a liberal education, and some degree of practice, and seemed to have some acuteness of genius, I would instantly conduct him, not where a little brook of water was confined by itself, but to the source whence a whole flood gushed forth ; to an instructor who would show him the seats and abodes, as it were, of every sort of arguments, and would Ulustrate them briefly, and define them in proper terms. For what point is there in which he can hesitate, who shall see that whatever is assumed in speaking, either to prove or to refute, is either derived from the peculiar force and nature of the subject itself, or borrowed from something C. XL.] ON THE CHARACTER OF THE ORATOR. 267 foreign to it ? From its own peculiar force : as when it is inquired, * what the nature of a whole thing is/ or ^ a part of it/ or ' what name it has/ or whatever belongs to the whole matter. From what is foreign to it : as when circumstances which are extrinsic, and not inherent in the nature of the thing, are enumerated in combination. If the inquiry regard the whole, its whole force is to be explained by a defi- nition, thus: *If the majesty of a state be its greatness and dignity, he is a traitor to its majesty who delivers up an army to the enemies of the Eoman people, not he who delivers up him who has violated it into the power of the Eoman people.' But if the question respect only a part, the matter must be managed by partition in this manner: ^ Either the senate should have been obeyed concerning the safety of the republic, or some other authority should have been constituted, or he should have acted on his own judg- ment: to constitute another authority had been haughty; to act on his own judgment had been arrogant; he had therefore to obey the direction of the senate.' If we argue from a name, we may express ourselves like Carbo : ^ If he be a consul who consults the good of his country, what else has Opimius done?' But if we argue from what is intimately connected with the subject, there are many sources of argu- ments and common-places; for we shall look to adjuncts, to general views, to particulars falling under general views, to things similar and dissimilar, contraiy, consequential ; to such as agree with the case, and are, as it were, forerunners of it, and , such as are at variance with it ; we shall investigate the causes of circumstances, and whatever has arisen from those causes ; ^ and shall notice cases that are stronger, or similar, or weaker. XL. " From things closely relating to the subject argu- ments are drawn thus : ' If the utmost praise is to be attri- buted to filial duty, you ought to be moved when you see Quintus Metellus mourn so tenderly.' From general consider- ations, thus : ' If magistrates ought to be under the power of the Roman people, of what do you accuse Norbanus, whose tribunesliip was subservient to the will of the state V From particulars that fall under the general consideration, thus: * If all who consult the interest of the public ought to be dear to us, certainly military commanders should be pecu- liarly dear, by whose conduct, courage, and exposure to 268 DE OKATORE j OR, [b. II. danger, we preserve our own safety and the dignity of the empire.' From similarity, thus : ' If wild beasts love their offspring, what affection ought we to feel for our children ? ' From dissimilarity, thus : ^ If it be the character of barbarians to live as it were for a short season, our plans ought to have respect to perpetuity.' In both modes of comparison, from similarity as well as dissimilarity, examples are taken from the acts, sayings, and successes of others; and fictitious nar- ratives may often be introduced. From contraries, argu- ments are drawn thus : ^ If Gracchus acted in a detestable, Opimius has acted in a glorious, manner.' From subsequent circumstances, thus : ' If he be slain with a weapon, and you, his enemy, are found on the very spot with a bloody sword, and nobody but you is seen there, and no one else had any reason to commit the act, and you were always of a daring character, what ground is there on which we can possibly doubt of your guilt?' From concurrent, antecedent, and repugnant circumstances, thus, as Crassus argued when he was quite a young man : * Although, Carbo, you defended Opimius, this audience will not on that account esteem you a good citizen ; for it is clear that you dissembled and had other views, because you often, in your harangues, deplored the fate of Tiberius Gracchus, because you were an accom- plice in the death of Publius Africanus, because you proposed a law of such a nature in your tribuneship, because you have always dissented from good members of the state.' From the causes of things, thus : ^ If you would abolish avarice, yoin must abolish the parent of it, luxury.' From whatever arises} from those causes, thus : ^ If we use the money in the treasury as well for the services of war as the ornaments of peace, let us take care of the public revenues.' Stronger, weaker, and parallel instances, we shall compare thus: from a stronger we shall argue in this way, ^ If a good name be preferable to\^ riches, and money is pursued with so much industry, with / how much more exertion is glory to be sought 1 ' From a / weaker, thus : " Since merely for a small acquaintance' sake He takes this woman's death so nearly, what If he himself had loved ? what would he feel For me, his father ? ^ * Terence, Andr. i. 1. 83. Colman's Translation. C. XLI.] ON THE CHARACTER OF THE ORATOR. 269 '' From a parallel case, thus : ' It is natural to the same character, to be rapacious of the public money, and to be profuse of it to the public prejudice.' But instances borrowed from extraneous circumstances are such as are not supported by their own strength, but somewhat foreign : as, 'This is true : for Quintus Lutatius has affirmed it:' ' This is false; for an examination has been made :' ' This must of necessity follow; for I shall read the writings ;' on which head I spoke fully a little while ago." XLI. I have been as brief in the exempli- fication of these matters as their nature would permit. For as, if I wished to make known to any one a quantity of gold, that was buried in separate heaps, it ought to be sufficient if I told him the signs and marks of the places, with the know- ledge of which he might dig for himself, and find what he wished with very little trouble, and without any mistake; so I wished to specify such marks, as it were, of arguments, as would let him who seeks them know where they are:^ what remains is to be brought out by industry and thought. What kind of arguments is most suitable to any particular kind of cause it requires no exquisite skill to prescribe, but merely moderate capacity to determine. For it is not now my design to set forth any system of rhetoric, but to com- municate to men of eminent learning some hints drawn from my own experience. These common-places, therefore, being fixed in the mind and memory, and called forth on every subject proposed to be discussed, there will be nothing that can escape the orator, not merely in matters litigated in the forum, but in any department of eloquence whatever. But if he shall attain such success, as to seem to be what he would wish to seem, and to affect the minds of those before whom he pleads in such a manner as to lead or rather force them in whatever direction he pleases, he will assuredly require nothing else to render him accomplished in oratory. ^' We now see. that it is by no means sufficient to find out what to say, unless we can handle it skilfully when we have found it. This treatment ought to be diversified, that he who ^ I follow Ellendt's text : Sic has ego argument or um volui notas quce- renti denionstrare vM sint. Orellius and most other editors have Sic has ego argumeiitorum novi notas, quce ilia mihi qucerenti demonstrant, " sententia perinepta," as Ellendt observes ; for it was not what An- tonius himself knew that was to be specified, but how he wished learners to be assisted. 270 DE oratorb; or, [b. ii. listens may neither discover any artifice, nor be tired and satiated with uniformity. Whatever you advance, should be laid down as a proposition, and you should show why it is so ; and, from the same premises, you should sometimes form a conclusion, and sometimes leave it to be formed by the hearer, and make a transition to something else. Frequently, how- ever, you need make no proposition, but show, by the reason- ing which you shall use, what proposition might have been made. If you produce a comparison to anything, you should first confirm what you offer as a comparison ; and then apply to it the point in question. In general, you should shade the distinctive points of your arguments, so that none of your hearers may count them ; and that, while they appear clear as to matter, they may seem blended in your mode of speaking on them. XLII. " I run over these matters cursorily, as addressing men of learning, and, being myself but half-learned, that we may at length arrive at matters of greater consequence. For there is nothing, Catulus, of more importance in speaking than that the hearer should be favourable to the speaker, and be himself so strongly moved that he may be influenced more by impulse and excitement of mind, than by judgment . or reflection. For mankind make far more determinations through hatred, or love, or desire, or anger, or grief, or joy, or hope, or fear, or error, or some other affection of mind, than from regard to truth, or any settled maxim, or principle of right, or judicial form, or adherence to the laws. Unless anything else, therefore, be agreeable to you, let us proceed to consider these points." ^^ There seems," observed Catulus, " to be still some little wanting to those matters which you have discussed, Antonius, something that requires to be explained before you pro- ceed to what you propose." " What is it ?" asked Antonius. " What order," replied Catulus, " and arrangement of argu- ments, has your approbation; for in that department you always seem a god to me." " You may see how much of a god I am in that respect, Catulus," rejoined Antonius; "for I assure you the matter would never have come into my thoughts if I had not been reminded of it; so that you may suppose I am generally led by mere practice in speaking, or rather perhaps by chance, to fix on that arrangement of c. xliil] ox the character of the orator. 271 matter by which I seem at times to produce some effect. However, that very point which I, because I had no thought of it, passed by as I should by a person unknown to me, is of such efi&cacy in oratory, that nothing is more conducive to victory ; but yet you seem to me to have required from me prematurely an account of the order and disposition of the orator's material ; for if I had placed all his power in argu- mentation, and in proving his case from its own inherent merits, it might be time to say something on the order and arrangement of his arguments ; but as three heads were specified by me, and I have spoken on only one, it will be proper, after I have attended to the other two, to consider, last of all, about the general arrangement of a speech. XLIII. '^ It contributes much to success in speaking, that the morals, principles, conduct, and lives of those who plead causes, and of those for whom they plead, should be such as to merit esteem ; and that those of their adversaries should be such as to deserve censure \ and also that the minds of those before whom the cause is pleaded should be moved as much as possible to a favourable feeling, as well towards the speaker as towards him for whom he speaks. The feelings of the hearers are conciliated by a person's dignity, by his actions, by the character of his life; particulars which can more easily be adorned by eloquence, if they really exist, than be invented, if they have no existence. But the qualities that attract favour to the orator are a soft tone of voice, a countenance expressive of modesty, a mild manner of speaking; so that if he attacks any one with severity, he may seem to do so unwillingly and from compulsion. It is of peculiar advantage that indications of good nature, of liberality, of gentleness, of piety, of grateful feelings, free from selfishness and avarice, should appear in him ; and everything that characterizes men of probity and humility, not acrimonious, nor pertinacious, nor litigious, nor harsh, very much conciliates benevolence, and alienates the affections from those in whom such qualities are not apparent. The contrary qualities to these, therefore, are to be imputed to your opponents. This mode of address is extremely excellent in those causes in which the mind of the judge cannot well be inflamed by ardent and vehement incitation; for energetic oratory is not always desirable, but often smooth, submissive, gentle language, which gains much 272 r ^ DE ORATOKE j OB, [b. II. .avour for rei, or defendants, a term by which I designate not only such as are accused, but all persons about whose affairs there is any litigation ; for in that sense people formerly used the word. To describe the character of your clients in your speeches, therefore, as just, full of integrity, religious, unpresuming, and patient of injuries, has an extraordinary eflFect ; and such a description, either in the commencement, or in your statement of facts, or in the peroration, has so much influence, if it is agreeably and judiciously managed, that it often prevails more than the merits of the cause. Such influence, indeed, is produced by a certain feeling and art in speaking, that the speech seems to represent, as it were, the character of the speaker ; for, by adopting a peculiar mode of thought and expression, united with action that is gentle and indicative of amiableness, such an effect is produced, that the speaker seems to be a man of probity, integrity, and virtue. XLiy. ^^ To this mode of speaking we may subjoin the opposite method, which moves the minds of the judges by very different means, and impels them to hate, or love, or envy, or benevolence, or fear, or hope, or desire, or abhor- rence, or joy, or grief, or pity, or severity; or leads them to whatever feelings resemble and are allied to these and similar emotions of mind. It is desirable, too, for the orator, that the judges may voluntarily bring to the hearing of the cause some feelings in their breasts favourable to the object of the speaker. For it is easier, as they say, to increase the speed of him that is already running, than to excite to motion him that is torpid. But if such shall not be the case, or be somewhat doubtful, then, as a careful physician, before he proceeds to administer any, medicine to a patient, must not only understand the disease of him whom he would cure, but also his habit and constitution of body when in health ; so I, for my part, when I undertake a cause of such doubt and importance as is likely to excite the feelings of the judges, employ all my sagacity on the care and consideration of ascertaining, as skilfully as I can, what their sentiments and opinions are, what they expect, to which side they incline, and to what conclusion they are likely to be led, with the least difiiculty, by the force of oratory. If they yield them- selves up, and, as I said before, voluntarily incline and pre- ponderate to the side to which I would impel them, I embrace C. XLV.] ON THE CHARACTER OP THE ORATOR. 273 what is offered, and turn my sails to that quarter from whence any breath of wind is perceived to blow. But if the judge is unbiassed, and free from all passion, it is a work of greater difficulty ; for every feeling must then be moved by the power of oratory, without any assistance from nature. But so great are the powers of that which was rightly termed by a good poet/ Incliner of the soul, and queen of all things, • Eloquence, that it can not only make him upright who is biassed, or bias him who is steadfast, but can, like an able and resolute commander, lead even him captive who resist? and opposes. XLY. " These are the points about which Crassus just now jocosely questioned me when he said that I treated them divinely, and praised what I did, as being meritoriously done, in the causes of Manius Aquilius,^ Caius ISTorbanus,^ and some others ; but really, Crassus, when such arts are adopted by you in pleading, I use to feel terrified ; such power of mind, such impetuosity, such passion, is expressed in your eyes, your countenance, your gesture, and even in your very finger f such a torrent is there of the most emphatic and best chosen words, such noble thoughts, so just, so new, so free from all disgTiise or puerile embellishment, that you seem not only to me to fire the judge, but to be yourself on fire. Nor is it possible that the judge should feel concern, or hate, or envy, or fear in any degree, or that he should be moved to com- passion and tears, unless all those sensations which the orator would awaken in the judge shall appear to be deeply felt and experienced by the orator himself. For if a coun- terfeit passion were to be assumed, and if there were nothing, in a speech of that kind, but what was false and simulated, still greater art would perhaps be necessary. What is the case with you, however, Crassus, or with others, I do not know; as to myself, there is no reason why I should say what is false to men of your great good sense and friendship ^ Pacuvius in his Hermione, as appears from Nonius y. flexanima. The thought is borrowed from Euripides, Hec. 816. Ellendt. ^ See note on c. 28. " See note on c. 47. * The forefinger, which Crassus is said to have pointed with won- derful effect. See Quintilian, xi. 3. 94. T 274 DE OEATORE ; OR, [b. IL for me, — I never yet, upon my honour, tried to excite sorrow, or compassion, or envy, or hatred, when speaking before a court of judicature, but I myself, in rousing the judges, was affected with the very same sensations that I wished to produce in them. For it is not easy to cause the judge to be angry with him with whom you desire him to be angry, if you yourself appear to take the matter coolly ; or to make him hate him whom you wish him to hate, unless he first see you burning with hatred; nor will he be moved to pity, unless you give him plain indications of your own acute feelings, by your expressions, sentiments, tone of voice, look, and finally by sympathetic tears ; for as no fuel is so com- bustible as to kindle without the application of fire, so no disposition of mind is so susceptible of the impressions of the orator as to be animated to strong feeling, unless he himself approach it full of inflammation and ardour. XLVI. " And that it may not appear to you extraordinary and astonishing, that a man should so often be angry, so often grieve, and be so often excited by every passion of the mind, especially in other men's concerns, there is such force, let me assure you, in those thoughts and sentiments which you apply, handle, and discuss in speaking, that there is no occasion for simulation or deceit ; for the very nature of the language which is adopted to move the passions of others, moves the orator himself in a greater degree than any one of those who listen to him. That we may not be surprised, too, that this happens in causes, in criminal trials, in the danger of our friends, and before a multitude in the city and in the forum, where not only our reputation for ability is at stake, (for that might be a slight consideration ; al- though, when you have professed to accomplish what few can do, it is not wholly to be neglected;) but where other things of greater importance are concerned, fidelity, dutj. to our clients, and earnestness in discharging that duty ; we J are so much moved by such considerations, that even while^ we defend the merest strangers, we cannot regard them as strangers, if we wish to be thought honest men ourselves. But, as I said, that this may not appear surprising in us, what can be more fictitious than poetry, than theatrical representations, than the argument of a play ? Yet on the stage I myself have often observed the eyes of the actor C. XLVII.] ON THE CHARACTER OF THE ORATOR. 275 through his mask appear inflamed with fury, while he was repeating these verses/ Have you, then, dared to separate him from you, Or enter Salamis without your brother ? And dreaded not your father's countenance ? He never uttered the word 'countenance' but Telamon seemed to me to be distracted with rage and grief for his son. And how, lowering his voice to a tone of sorrow, did he appear to weep and bewail, as he exclaimed, Whom childless now in the decline of life You have afflicted, and bereaved, and killed ; Regardless of your brother's death, regardless Of his young son entrusted to your keeping ! And if even the player who pronounced these verses every day, could not yet pronounce them efficiently without a feel- ing of real grief, can you suppose that Pacuvius, when he wrote them, was in a cool and tranquil state of mind? Such could not be the case ; for I have often heard that no man can be a good poet (as they say is left recorded in the writings of both Democritus and Plato) without ardour of imagina- tion, and the excitement of something similar to frenzy. XLYII. '- Do not therefore imagine . that I, who had no desire to imitate or represent the calamities or fictitious sor- rows of the heroes of antiquity in my speech, and was no actor of a foreign and personated part, but a supporter of my own, when Manius Aquilius, by my efforts, was to be main- tained in his rights as a citizen, did that which I did in the peroration of that cause, without a strong feeling. For when I saw him whom I remembered to have been consul, and, as a general honoured by the senate, to have marched up to the Capitol with the pomp of an ovation, af^icted, dejected, sor- rowful, reduced to the last extremity of danger, I no sooner attempted to excite compassion in others, than I was myself moved with compassion. I observed, indeed, that the judges were wonderfully moved, when I brought forward the sor- rowful old man habited in mourning, and did what you, ^ Spondalia. For this word I have given " verses." " That it is corrupt," says Ellendt, " all the commentators agree." Hermann, Opusc. i. p. 304, conjectures e spondd ilia, ^' from that couch," on which he supposes Telamon may have been reclining. t2 276 DE ORATOREj OR, [b.II. Crassus, commend, not with art (of which I know not what to say), but with great concern and emotion of mind, so that I tore open his garment and showed his scars; when Cains Marius, who was present and sat by, heightened the sorrow expressed in my speech by his tears ; and when I, frequently calhng upon him, recommended his colleague to his pro- tection, and invoked him as an advocate to defend the common fortune of commanders. This excitement of com- passion, this adjuration of all gods and men, of citizens and allies, was not unaccompanied by my tears and extreme com- miseration on my part; and if, from all the expressions which I then used, real concern of my own had been absent, my speech would not only have failed to excite com- miseration, but would have even deserved ridicule. I, there- fore, instruct you in these particulars, Sulpicius, I that am, forsooth, so skilful and so learned a master, showing you how, in speaking, you may be angry, and sorrowful, and weep. '' Though why, indeed, should I teach you this, who, in accusing my quaestor and companion in office,^ raised so fierce a flame, not only by your speech, but much more by your vehemence, passion, and fiery spirit, that I could scarce ven- ture to approach to extinguish it? For you had in that cause everything in your favour; you brought before the judges violence, flight, pelting with stones, the cruel exercise of the tribunitian power in the grievous and miserable calamity of Ceepio; it also appeared that Marcus iEmilius, the first man, not only in the senate, but in the city, had been struck with one of the stones ; and nobody could deny that Lucius Cotta and Titiis Didius, when they would have ^ Quintus Servilius Csepio, in iiis consulship, says Henrichsen, had embezzled a large portion of the gold taken at the capture of Toulouse, A.u.c. 648. In the following year, when, through the disagreement be- t^veen him and the consul Manlius, the Komans were defeated in two battles by the Cimbri, his property was confiscated, and his command taken from him. Some years afterwards, a.u.c. 659, when Crassus and Sceevola were consuls, Caius ISTorbanus, then tribune of the people, brought Csepio to trial, as it appears, for the embezzlement of the gold at Toulouse, and for exciting sedition in the city. The senate, to whom Caepio, in his consulship, had tried to restore the judicial power, exerted themselves strongly in his behalf; but Norbanus, after exciting a great tumult, carried hirs point by force, and Csepio went into banishment a^ Smyrna. C. XL VIII.] ON THE CHARACTER OF THE ORATOR, 277 interposed their negative upon the passing of the law, had been driven in a tumultuous manner from the temple. XLYIII. There was also this circumstance in jour favour, that you, being merely a youth, were thought to make these complaints on behalf of the commonwealth with the utmost propriety ; I, a man of censorian rank, was thought hardly in a condition to appear with any honour in defence of a sedi- tious citizen, a man who had been unrelenting at the calamity of a consular person. The judges were citizens of the highest character; the forum was crowded with respectable people^ so that scarcely even a slight excuse was allowed me, although I was to speak in defence of one who had been my quaestor. In these circumstances why need I say that I had recourse to some degree of art? I will state how I acted, and, if you please, you may place my defence under some head of art. I noticed, in connexion, the natures, ill effects, and dangers of every kind of sedition. I brought down my discourse on that subject through all the changes of circumstances in our commonwealth; and I concluded by observing, that though, all seditions had ever been attended with troubles, yet that^ some had been supported by justice, and almost by necessity. I then dwelt on those topics which Crassus just now men- tioned, that neither could kings have been expelled from this city, nor tribunes of the people have been created, nor the consular power have been so ofteu diminished by votes of the commonalty, nor the right of appeal, that patroness of the state and guardian of our liberty, have been granted to the Roman people, without disagreement with the nobility ; and if those seditions had been of advantage to the republic, it should not immediately, if any commotion had been raised among the people, be laid to the charge of Caius Norbanus as a heinous crime or capital misdemeanour ; but that, if it had ever been allowed to the people of Rome to appear justly provoked (and I showed that it had been often allowed), no occasion was ever more just than that of which I was speaking. I then gave another turn to my speech, and directed it to the condemnation of Caepio's flight, and lamentation for the loss of the army. By this diversion I made the grief of those to flow afresh who were mourning for their friends, and re-excited the minds of the Roman knights before whom, as judges, the cause was being pleaded, to hatred towards Quintus 278 DE ORATORE j OR, [b. IL Csepio, from whom they were alienated on account of the right of judicature.^ XLIX, " But as soon as I perceived that I was in posses- sion of the favour of the court, and that I had secured ground for defence, because I had both concihated the good feeling of the people, whose rights I had maintained even in conjunction with sedition, and had brought over the whole feeling of the judges to our side of the question, either from their concern for the calamity of the public, or from grief or regret for their relations, or from their own individual aver- sion to Caepio, I then began to intermix with this vehement and ardent style of oratory that other species of which I discoursed before, full of lenity and mildness; saying that I was contending for my companion in ofi&ce, who, according to the custom of our ancestors, ought to stand in relation to me as one of my children, and for almost my whole reputa- tion and fortunes ; that nothing could possibly happen more dishonourable to my character, or more bitterly adapted to give pain to me, than if I, who was reputed to have been oftentimes the preservation of those who were entire strangers to me, but yet my fellow-citizens, should not be able to assist an officer of my own. 1 requested of the judges to make this concession to my age, to the honours which I had attained, to the actions which I had performed, if they saw that I was affected with a just and tender sorrow, and especially if they were sensible that in other causes I had asked everything for my friends in peril, but never any- thing for myself. Thus, in the whole ot that defence and cause, the part which seemed to depend on art, the speaking on the Apuleian law, and explaining what ifc^was to commit treason, I skimmed and touched upon as briefly as possible. But by the aid of these two parts of eloquence, to one of which belongs the excitement of the passions, to the other recommendation to favour, (parts not at all fully treated in the rules in books on the art,) was the whole of that cause conducted by me ; so that, in reviving the popular displea- sure against Ceepio, I appeared to be a person of the keenest acrimony; and, in speaking of my behaviour towards my friends, to be of the most humane disposition. In this * As Csepio had tried to take it out of the hands of the knights, and to restore it to the senate. C. LI.] ON THE CHARACTER OP THE ORA.TOR. 279 manner, rather by exciting the passions of the judges than by informing their understandings, was your accusation, Sulpicius, at that time overthrown by me." L. ^' In good truth, Antonius," interposed Sulpicius, " you recall these circumstances to my memory with justice; since I never saw anything slip out of any person's hands, as that cause then slipped out of mine. For whereas, as you ob- served, I had given you not a cause to plead, but a flame to extinguish ; what a commencement was it (immortal gods !) that you made ! What timidity was there ! What distrust ! What a degree of hesitation and slowness of speech 1 But as soon as you had gained that by your exordium, which was the only thing that the assembly allowed you as an excuse, namely, that you were pleading for a man intimately con- nected with you, and your own quaestor, how quickly did you secure your way to a fair audience ! But lo ! when I thought that you had reaped no other benefit than that the hearers would think they ought to excuse you for defending a pernicious citizen, on account of the ties of union betwixt you, you began to proceed gradually and tacitly, while others had as yet no suspicion of your designs, though I myself felt some apprehension, to maintain in your defence that what had happened was not sedition in Norbanus, but resentment on the part of the Roman people, resentment not excited unjustly, but deservedly, and in conformity with their duty. In the next place, what argument did you omit against Cgepio? How did you confound all the circumstances of the case by allusions to hatred, ill-will, and compassion ? Nor was this the case only in your defence, but even in regard to Scaur us and my other witnesses, whose evidence you did not confute by disproving it, but by having recourse to the same impetuosity of the people. When those circum- stances were mentioned by you just now, I felt no desire for any rules of instruction ; for the very demonstration of your methods of defence, as stated by yourself, I regard as no ordinary instruction." " But if you are so disposed," said Antonius, " I will tell you what maxims I adopt in speaking, and what I keep principally in view; for a long life and experience in important affairs have taught me to discern by what means the minds of men are to be moved. LI. *' The first thing I generally consider is, whether the 2S0 DE ORATORE j OR, [B. II. cause requires that the minds of the audience should be excited; for such fiery oratory is not to be exerted on trivial subjects, nor when the minds of men are so affected that we can do nothing by eloquence to influence their opinions, lest "rve be thought to deserve ridicule or dislike, if we either act '\ tragedies about trifles or endeavour to pluck up what canno^/ be moved. For as the feelings on which we have to work in the minds of the judges, or whoever they may be before whom we may plead, are love, hatred, anger, envy, pity, hope, PVj /^<^^j anxiety, we are sensible that love may be gained if you seem to advocate what is advantageous to the persons before whom you are speaking; or if you appear to exert yourself in behalf of good men, or at least for such as are good and serviceable to them ; for the latter case more en- gages favour, the former, the defence of virtue, esteem; and if a hope of future advantage is proposed, it has a greater effect than the mention of past benefits. You must endea- vour to show that in the cause which you defend, either their dignity or advantage is concerned; and you should signify that he for whom you solicit their love has referred nothing to his own private benefit, and done nothing at all for his own sake; for dislike is felt for the selfish gains of individuals, while favour isr shown to their desires to serve others. But we must take care, while we are on this topic, not to appear to extol the merit and glory of those whom we would wish to be esteemed for their good deeds, too highly, as these qualities are usually the greatest objects of envy. From these considerations, too, we shall learn how to draw hatred on our adversaries, and to avert it from ourselves and our friends. The same means are to be used, also, either to excite or allay anger; for if you exaggerate every fact that is hurtful or disadvantageous to the audience, their hatred is excited; but if anything of the kind is thrown out against men of worth, or against characters on whom no one ought to cast any reflection, or against the public, there is then produced, if not so violent a degree of hatred, at least an unfavourable feeling, ,Qr displeasure near akin to hatred. Fear is also inculcated either from people's own dangers or those of the public. Per- sonal fear affects men more deeply ; but that which is common to all is to be treated by the orator as having similar influence.^ ^ Since public or common fear must aiffect individuals. C. LII.] ON THE CHARACTER OF THE ORATOR. 281 LI I. '^ Similar, or rather the same, is the case with regard to hope, joy, and anxiety; but I know not whether the feeling of envy is not by far the most violent of all emotions ; nor does it require less power to suppress than to excite it. Men envy chiefly their equals or inferiors w^hen they perceive them- selves left behind, and are mortified that the others have outstripped them; but there is often a strong unfavourable feeling towards superiors, which is the stronger if they are intolerably arrogant, and transgress the fair bounds of com- mon justice through super-eminence in dignity or fortune. Ii such advantages are to be made instruments to kindle dislike,-'- the chief thing to be said is, ' that they are not the acquisitions of virtue, that they have even been gained perhaps by vice and crime ; and that, however honourable or imposing they may appear, no merit was ever carried so high as the insolence of mankind and their contumelious disdain.' To allay envy, it may be observed, ^ that such advantages have been gained by extreme toil and imminent perils j that they have not been applied to the individual's own private benefit, but that of others ; that he himself, if he appear to have gained any glory, although it might not be an undue reward for danger, was not elated with it, but wholly set it aside and undervalued it ;' and such an effect must by all means be produced (since most men are envious, and it is a most common and prevalent vice, and envy is felt towards all super- eminent and flourishing fortune), that the opinion entertained of such characters be lowered, and that their fortunes, so excellent in people's imaginations, may appear mingled with labour and trouble. " Pity is excited, if he who hears can be induced to apply to his own circumstances those unhappy particulars .which are lamented in the case of others, particulars which they have either suffered or fear to suffer ; and while he looks at another, to glance frequently at himself. Thus, as all the circumstances incident to human suffering are heard with concern, if they are pathetically represented, so virtue in affliction and humiliation is the most sorrowful of all objects of contemplation ; and as that other department of eloquence which, by its recommendation of goodness, ought to give the ^ QucB si inflammanda sunt. An elegant mode of expression, for " si ad animos invidi^ inflammandos adhibenda sunt tanquam faces." EmestL 282 DE ORATOREj OR, [b. II. picture of a virtuous man, should be in a gentle and (as 1 have often observed) a submissive strain, so this, which is adopted by the orator to effect a change in the minds of the audience, and to work upon them in every way, should be vehement and energetic. LIII. " But there is a certain resemblance in these two kinds (one of which we would have to be gentle, the other vehement), that makes it difficult to distinguish them. For something of that lenity with which we conciliate the affec- tions of an audience, ought to mingle with the ardour with which we awaken their passions ; and something of this ardour should occasionally communicate a warmth to our gentleness of language; nor is there any species of eloquence better tempered than that in which the asperity of contention in the orator is mitigated by his humanity, or in which the relaxed tone of lenity is sustained by a becoming gravity and energy. But in both modes of speaking, as well that in which spirit and force are required as that which is brought down to ordinary life and manners, the beginning should be slow, but the sequel full and diffuse.^ For you must not spring at\ once into the pathetic portion of your speech, as it forms no part of the question, and men are first desirous to learn the very point that is to come under their judgment ; nor, when you have entered upon that track, are you suddenly to di- verge from it ; for you are not to suppose that as an argument is understood as soon as it is stated, and a second and a third are then desired, so you can with the same ease move com- passion, or envy, or anger, as soon as you make the attempt.^ Eeason itself confirms an argument which fixes itself in the mind • as soon as it is delivered ; but that sort of eloquence does not aim at instructing the judge, but rather at agitating his mind by excessive emotion, which no one can produce unless by fulness and variety and even copiousness of lan- guage, and a proportionate energy of delivery. Those, there- fore, who speak either with brevity, or in a low submissive strain, may indeed inform the judge, but can never move him, an effect on which success altogether depends. ^ Exitus spissi et prodiccti esse dehent. " Non abrupti, sed lenti." Bllendt. "Yehementes et longiores." Proust, 2 Simul atqice intultris. Rem sc. "As soon as you have introduced the subject." ^. LI v.] ON THE CHARACTER OF THE ORATOR. 283 '• It is clear, that the ability of arguing on every subject on both sides of the question is drawn from the same considera- tions. But we must resist the force of an argument, either by refuting those things which are assumed in support of it, or by showing that the conclusion which our opponents would draw cannot be deduced from the premises, or possibly follow from them; or, if you cannot refute an argument in this manner, you must bring something against it of greater or equal weight. But whatever is delivered with gentleness to conciliate favour, or with vehemence to excite emotion, is to be obviated ^ by moving contrary feelings, so that benevo- lence may be eradicated by hatred, and compassion be dispelled by jealousy. Liy. " A jocose manner, too, and strokes of wit, give pleasure to an audience, and are often of great advantage to the speaker; qualities which, even if everything else can be taught by art, are certainly peculiar gifts of nature, and require no aid from instruction. In that department you, Csesar, in my opinion, far excel all other men ; on which account you can better bear me testimony, either that there is no art in wdt, or, if there be any, you will best instruct us in it." "I indeed," says Caesar, ^^ think that a man who is not destitute of polite learning can dis- course upon any subject more wittily than upon wit itsel£ Accordingly, when I met with some Graek books entitled ^On Jests,' I conceived some hope that I might learn something from them. I found, it is true, many laughable and witty sayings of the Greeks ; for those of Sicily excel in that way, as well as the Bhodians and Byzantines, but, above all, the people of Attica. But they who have attempted to deliver rules and principles on that subject, have shown themselves so extremely foolish, that nothing else in them has excited laughter but their folly. This talent, therefore, appears to me incapable of being communicated by teaching. As there are two kinds of wit, one running regularly through a whole speech, the other pointed and concise; the ancients denomi- nated the former humour,^ the latter jesting. Each sort ^ Orellius's text has inferenda; many others, efferenda. There have been various conjectures offered, as infirmanda, evertendaj ehvanda, infringenda. The reader may take his choice. 2 Cavillatio. Ironical or satirical humour seems to be meant. 284 DE ORATORE j OR, [b. II. has but a light name, and justly;^ for it is altogether but a light thing to raise a laugh. However, as you observe, Antonius, I have seen advantageous effects produced in plead- ings by the aid of wit and humour ; but, as in the former kind, I mean humour that runs through a speech, no aid from art is required, (for Nature forms and produces men to be facetious mimics or story-tellers ; their look, and voice, and mode of expression assisting their conceptions ;) so likewise in the other, that of occasional facetiousness, what room is there for art, when the joke ought to be uttered, and fixed in the mind of the hearer, before it appears possible to have been conceived ? For what assistance could my brother here receive from art, when, being asked by Phihppus why he barked so, he replied. Because he saw a thief 1 Or what aid could Crassus have received in that whole speech which he delivered before the Centumviri, in opposition to Scsevola, or when he pleaded for Cneius Plancus against the accusation of Brutus % For that talent which you, Antonius, attribute to me, must be allowed to Crassus by the confession of all man- kind; since hardly any person can be found besides him eminent in both these kinds of wit, that which runs through a continued discourse, and that which consists in smartness and occasional jokes. His whole defence in the cause of Curius, in opposition to Scsevola, was redundant with a certain pleasantry and humour ; but of those sharp short jests it had none; for he was tender of the dignity of his opponent, and in that respect maintained his own; though it is extremely difi&cult for men of wit and facetiousness to preserve a regard to persons and times, and to suppress what occurs to them when it may be expressed with most pungent effect. Accordingly, some jesters put a humorous interpretation upon the well-known words of Ennius; for he said, as they observe, That a wise man can more easily keep in flame while his mouth is on fire, than withhold ' bona dicta^ good words ; and they say that good words mean witty sayings ; for sayings are called dicta by an appropriate term. LV. ^' But as Crassus forbore from such jests in his speech against Scaevola, and sported throughout that cause and dis- cussion with that other species of humour in which there are ^ Quippe; leve enim, &c. Quippe is equivalent to the Greek ^Ikotms. Ellendt. C. LV.] ON THE CHARACTER OF THE ORATOR. 285 no stings of sarcasm; so in that against Brutus, Trhom he hated, and thought deserving of insult, he fought with both kinds of wit. How many severe things did he say about the baths which Brutus had lately sold ? how many on the loss of his paternal estate 1 And they were concise ; as when Brutus, speaking of himself, said that he sweated without cause. 'No wonder that you sweat,' said Crassus, 'for you are just turned out of the baths' There were innumerable things of this kind in the speech, but his continuous vein of pleasantry was not less amusing ; for when Brutus had called up two readers, and had given to one the speech of Crassus upon the colony of Narbonne, to the other that on the Servilian law, to read, and had compared together the contradictory sections on public affairs contained in each, our friend very facetiously gave the three books of Brutus's father, written on the civil law, to three different persons to read. Out of the first book was read this sentence, ' It happened by chance that we were on my estate at Privernum.' On which clause Crassus made this observation, 'Brutus, your father testifies that he left you an estate at Frivernum.' Again, out of the second book, ' My son Marcus and I were at my Alban villa;' when Crassus remarked, ' This wise man, who was justly ranked among the wisest in our city, had evidently some foreknowledge of this spendthrift's character, amd was afraid, that when he came to have nothing, it might he imagined that nothing was left him^ Afterwards out of the third book, with which the author con- cluded his work, (for that number of books, as I have heard Scaevola say, are the genuine compositions of Brutus,) ' It chanced that my son Marcus and myself were sitting in my villa near Tibur ;' when Crassus exclaimed, ' Where are those estates now, Brutus, that your father left you, as recorded in his public commentaries ? But if he had not seen you arrived at the age of puberty, he would have composed a fourth book, and left it in writing that he talked with his son in his own baths' Who does not acknowledge, now, that Brutus was not less con- futed by this humour, these comic jests, than by that tragic tone which the same orator adopted, when by accident, during the hearing of the same cause, the funeral procession of the old lady Junia passed by % Ye immortal gods ! what force and energy w^as that with which he spoke ! how unex- pected! how sudden! when, casting his eyes that way, with 286 DE oratore; or, [b. ii. his whole gesture directed towards Brutus, with the utmost gravity and rapidity of expression, he exclaimed, 'Brutus, why do you sit still 1 What would you have that old lady communi- cate to your father ? What to all those whose statues you see carried by ? What to your other ancestors 1 What to Lucius Brutus, who freed this people from regal tyranny ? What shall she say that you are doing ? What business, what glory ^ what virtue shall she say that you are pursuing ? That you are engaged in increasing your patrimony ? But that is no characteristic of nobility. Yet suppose it were; you have none left to increase ; your extrava- gance has squandered the whole of it. That you are studying the civil law ? That was your father's pursuit; but she ivill relate that when you sold your house, you did not even among the 7noveables^ reserve the chair fi^om which your father answered his clients. That you are applying to the military art ? You who have never seen a camp. Or to eloquence 1 But no portion of eloquence dwells in you ; and such power of voice and tongue as you have, you have devoted to the infamous trade of a com- mon informer. Bare you even behold the light ? Or looh this assembly in the face '^ Dare you present yourself in the forum, in the city, in the joublic assembly of the citizens ? Do you not fear even that dead corpse, and those very images of your an- cestors, you who have 7iot only left yourself no room for the imitation of their virtues, but none in which you can place their statues ? ' LYI. " This is in a tragic and sublime strain of language ; but you all recollect instances without number of facetious- ness and polite humour in one speech; for never was there a more vehement dispute on any occasion, or an oration of greater power delivered before the people, than that of Crassus lately in his censorship, in opposition to his col- league, nor one better seasoned with wit and humour. I agree with you, therefore, Antonius, in both points, that jesting is often of great advantage in speaking, and that it cannot be taught by any rules of art. But I am astonished that you should attribute so much power to me in that way, and not assign to Crassus the palm of pre-eminence in this as ^ Ne in rutis quidem et ccesis. Ruta were such things as could be removed from houses and other premises without pulling down or damaging any portion of them ; ccBsa, as Proust remarks, refers to the catting down of trees. C. LVII.] OX THE CHAEACTER OF THE ORATOR. 287 in other departments of eloquence." " I should have done so/' said Antonius, ^^ if I had not sometimes envied Crassus a little in this respect ; for to be ever so facetious and witty is not of itself an extraordinary subject of envy ; but, when you are the most graceful and polite of speakers, to be, and to be thought, at the same time, the most grave and dignified of men, a distinction which has been granted to Crassus alone, seems to me almost unendurable." Crassus having smiled at this, Antonius said, ^' But, Julius, while you denied that art had anything to do with facetiousness, you brought to our notice something that seemed worthy of pre- cept ; for you said that regard ought to be paid to persons, times, and circumstances, that jesting might not detract from dignity ; a rule which is particularly observed by Crassus. But this rule only directs that jokes should be suppressed when there is no fair occasion for themj what we desire to know is, how we may use them when there is occasion; as against an adversary, especially if his folly be open to attack, or against a foolish, covetous, trifling witness, if the audience seem disposed to listen patiently. Those sayings are more likely to be approved which we utter on provocation, than those which we utter when we begin an attack; for the quickness of wit, which is shown in answering, is more re- markable, and to reply is thought allowable, as being natural to the human temper; since it is presumed that we should have remained quiet if we had not been attacked; as in that very speech to which you alluded scarcely anything was said by our friend Crassus here, anything at least that was at all humorous, which he did not utter in reply, and on provocation. For there was so much gravity and authority in Domitius,^ that the objections which came from him seemed more likely to be enfeebled by jests than broken by arguments." LVII. Sulpicius soon after said, ^' Shall we, then, suffer Caesar, who, though he allows wit to Crassus, is yet himself far more intent on acquiring a character for it, to exempt ^ Cneius Domitius Ahenobarbus, in Lis tribuneship, A.U.C. 651, was hostile to the pontifices, because they had not chosen him in the place of his father, and proposed a law that those who were chosen by the pontifices into their body should not be appointed till their choice was sanctioned by the people. Yell. Pat. ii. 12 ; Suet. Iser. 2 ; Cic. Rull. ii. 7. He had some ability in speaking, but was not numbered among eminent orators. Cic. Brut. 45. Henrichsen. 288 DE ORATORE ; OR, [b. II. himself from explaining to ns the whole subject of humour, what is the nature of it, and from whence derived; espe- cially as he owns that there is so much efficacy and advantage in wit and jesting^" "What if I agree with Antonius," re- joined Caesar, " in thinking that art has no concern with wit ?" As Sulpicius made no remark, " As if," said Crassus, " art could at all assist in acquiring those talents of which An- tonius has been so long speaking. There is a certain obser- vation to be paid, as he remarked, to those particulars which are most effective in oratory; but if such observation could make men eloquent, who would not be so? For who could not learn these particulars, if not with ease, at least in some way ? But I think that of such precepts, the use and advan- tage is, not that we may be directed by art to find out what we are to say, but that we may either feel certain as to what we attain by natural parts, by study, or by exercise, that it is right, or understand that it is wrong, having been in- structed to what rule the several particulars are to be referred. I, therefore, also join in the petition to you, Caesar, that you would, if it is agreeable to you, tell us what you think on jocoseness in general, lest, by accident, any part of eloquence, since that is your object, should appear to have been passed over in so learned an assembly, and such a studied con- versation." " Well, then, Crassus," replied Csesar, " since you require payment from a guest, I will, by refusing it, furnish you with a pretext for refusing to entertain us again ; though I am often astonished at the impudence of those who act upon the stage while Roscius is a spectator of their attitudes ; for who can make the least motion without Roscius seeing his imperfections'? So I shall now have to speak first on wit in the hearing of Crassus, and to teach like a swine,^ as they say, that orator of whom Catulus said, when he heard him lately. That other speakers ought to he fed upon hay.'' ^ " Ah !" said Crassus, " Catulus was joking, especially as he speaks himself in such a manner that he seems to deserve to be fed on ambrosia. But let us hear you, Caesar, that we may afterwards return to the remainder of the discourse of Antonius." " There is little remaining for me * An allusion to the proverb Sus Minervam. 2 He signified that other pleaders were mere brute animals in com- parison with Crassus, and therefore to be fed upon hay. Turnebus, C. LVIII.] ON THE CHARACTER OF THE ORATOR. 289 to say," replied Antonius; "but as I am wearied with the labour and the length of what I have said, I shall repose during the discourse of Caesar as in some opportune place of entertainment." LYIII. " But/' said Caesar, '' you will not pronounce my entertainment very liberal ; for as soon as you have tasted a little I shall thrust you out, and turn you into the road again. However, not to detain you any longer, I will deliver my sentiments very briefly on this department of eloquence in general. " Concerning laughter, there are five things which are sub- jects of consideration: one, 'What it is;' another, 'Whence it originates;' a third, 'Whether it becomes the orator to wish to excite laughter;' a fourth, 'To what degree;' a fifth, ' What are the several kinds of the ridiculous ? ' As to the first, ' What laughter itself is,' by what means it is excited, where it lies, how it arises, and bursts forth so suddenly that we are unable, though we desire, to restrain it, and how it affects at once the sides, the face, the veins, the countenance, the eyes, let Democritus consider; for all this has nothing to do with my remarks, and if it had to do with them, I should not be ashamed to say that I am ignorant of that which not even they understand who profess to explain it. But the seat and as it were province of what is laughed at, (for that is the next point of inquiry,) lies in a certain ofiensiveness and deformity; for those sayings are laughed at solely or chiefly which point out and designate something ofiensive in an inofiensive manner. But, to come to the third point, it certainly becomes the orator to excite laughter; either because mirth itself attracts favour to him by whom it is raised ; or because all admire wit, which is often comprised in a single word, especially in him who replies, and sometimes in him who attacks; or because it overthrows the adversary, or hampers him, or makes light of him, or discourages, or refutes him ; or because it proves the orator himself to be a man of taste, or learning, or polish; but chiefly because it mitigates and relaxes gravity and severity, and often, by a joke or a laugh, breaks the force of offensive remarks, which cannot easily be overthrown by arguments. But to what degree the laughable should be carried by the orator requires very dili- gent consideration; a point which we placed as the fourth subject of inquiry; for neither great vice, such as is united u 290 DE oratoee; or, [b. h, with crime, nor great misery, is a subject for ridicule and laughter ; since people will have those guilty of enormous crimes attacked with more forcible weapons than ridicule ; . and do not like the miserable to be derided, unless perhaps when they are insolent ; and you must be considerate, too, of the feelings of mankind, lest you rashly speak against those who are. personally beloved. LIX. "Such is the caution that must be principally observed in joking. Those subjects accordingly are most readily jested upon which are neither provocative of violent aversion, nor of extreme compassion. All matter for ridicule is therefore found to lie in such defects as are to be observed in the characters of men not in universal esteem, nor in calamitous circumstances, and who do not appear deserving to be dragged to punishment for their crimes ; such topics nicely managed create laughter. In deformity, also, and bodily defects, is found fair enough matter for ridicule ; but we have to ask the same question here as is asked on other points, ' How far the ridicule maybe carried]* In this respect it is not only directed that the orator should say nothing impertinently, but also that, even if he can say anything very ridiculously, he should avoid both errors, lest his jokes become either buf- foonery or mimicry ; qualities of which we shall better under- stand the nature when we come to consider the different species of the ridiculous. ^^ There are two sorts of jokes, one of which is excited by things, the other by words. By things, whenever any matter is told in the way of a story; as you, Crassus, formerly stated in a speech against Memmius,^ That he had eaten a piece of Largius^s arrrij because he had had a quarrel with , him at Tarracina about a courtezan ; it was a witty story, but wholly of your own invention. You added this particular, that throughout Tarracina these letters were inscribed on every wall, MM, LLL; and that when you inquired what they meant, an old man of the town replied, Mordacious Memmius Lacerates Largiuis Limh.'^ You perceive clearly how face- ^ The same that is mentioned by Sallust, as having accused Calpumius Bestia. 2 Lacerat Lacertum Largt. Mordax Memmius. The writer of the article " Memmius " in Dr. Smith's Biog. Diet, thinks that Memmius had from some cause the nickname of Mordax. The story of his having C. LX.] ON THE CHARACTER OF THE ORATOR. 291 tious this mode of joking may be, how elegant, how suitable to an orator ; whether you have any true story to tell, (which however must be interspersed with fictitious circumstances,) or whether you merely invent. The excellence of such jesting is, that you can describe things as occurring in such a way, that the manners, the language, and every look of the person of whom you speak, may be represented, so that the occur- rence may seem to the audience to pass and take place at the very time when you address them. Another kind of jest taken from things, is that which is derived from a depraved sort of imitation, or mimicry ; as when Crassus also exclaimed, Bi/ your nobility^ hy your family, what else was there at which the assembly could laugh but that mimicry of look and tone ? But when he said, hy your statues, and added something of gesture by extending his arm, we all laughed immoderately.-^ Of this species is Roscius's imitation of an old man ; when he says, For you, my Antiplio, I plant these trees, ^ it is, old age itself that seems to speak while I listen to him. But all this department of ridicule is of such a nature that it must be attempted with the greatest caution. For if the imitation is too extravagant, it becomes, like indecency, the part of players in pantomime and farce ; the orator should be moderate in imitation, that the audience may conceive more than they can see represented by him ; he ought also to give proof of ingenuousness and modesty, by avoiding everything offensive or unbecoming in word or act. LX. " These, therefore, are the two kinds of the ridiculous which is drawn from things ; and they suit well with con- tinuous pieces of humour, in which the manners of mankind are so described and expressed^ that, either by meajis of some narrative, their character is exactly understood, or, by throw- ing in a little mimicry, they may be convicted of some impropriety remarkable enough for ridicule. But in ujords, the ridiculous is that which is excited by the point of a par- eaten or bitten Largius's arm, appears, from what Cicero says, to have been a mere invention of Ci^ssus. We do not half understand the joke. ^ This jest is from a speech of Crassus against Domitius. The ^e«^ Bomitia, a family of great nobility, had produced many patriciiOift remarkable, as well for other vices, as for vanity. ElkiidL * These words are from some plav now lost>. u2 292 DE oratore; or, [b. ii. ticular expression or thought : but as, in the former kind, both in narration and imitation, all resemblance to the players of pantomime should be avoided, so, in this, all scurrilous buffoonery is to be studiously shunned by the orator. How, then, shall we distinguish from Crassus, from Catulus, and from others, your acquaintance Granius, or my friend Yargula ? No proper distinction really occurs to me ; for they are both witty ; no man has more of verbal wit- ticism than Granius. The first point to be observed, how- ever, is, I think, that we should not fancy ourselves obliged to utter a jest whenever one may be uttered. A very little witness was produced. May I question Mm? says Philippus. The judge who presided,^ being in a hurry, replied. Yes, if he is short. You shall have no fault to find, said Philippus, for I shall question him very short. This was ridiculous enough; but Lucius Aurifex was sitting as judge in the cause, who was shorter than the witness himself; so that all the laughter was turned upon the judge, and hence the joke appeared scurrilous. Those good things, therefore, which hit those whom you do not mean to hit, however witty they are, are yet in their nature scurrilous; as when Appius, who would be thought witty, — and indeed is so, but sometimes slides into this fault of scurrility, — said to Caius Sextius, an acquaintance of mine, who is blind of an eye, / will sup with you to-night, for I see that there is a vacancy for one. This -was a scurrilous joke, both because he attacked Sextius without provocation, and said what was equally applicable to all one-eyed persons. Such jokes, as they are thought premeditated, excite less laughter; but the reply of Sextius was excellent and extempore: Wash your hands^ said he, and come to supper. A regard, therefore, to proper times, moderation and forbearance in jesting, and a limitation in the number of jokes, will distinguish the orator from the buffoon; and the circumstance, besides, that we joke with an | object, not that we may appear to be jesters, but that we may : gain some advantage, while they joke all day without any :!! ^ QiicBsitor. The magistrate who presided at a qucestio capitalist whether the praetor or any other. See Cic. Verr. i. 10 ; Vatin. 14 ; Sail Jug. 40. Henrichsen. 2 Whether the joke was directed against him as being unclean, or as being dishonest, is uncertain. Ellendt, C. LXI.] OX THE CHARACTER OF THE ORATOR. 293 purpose whatever. For what did YargTila gain by saying, when Aulus Sempronius, then a candidate for office, and his brother Marcus, saluted him, Boy^ drive away the flies .? His aim was to raise a laugh, which is, in my opinion, a very poor effect of wit. The proper season, then, for jesting, we must determine by our own prudence and judgment ; in the exer- cise of which I wish that we had some body of rules to direct us ; but nature is the sovereign guide. LXI. ^' Let us- now consider briefly the sorts of jests that chiefly excite laughter. Let this, then, be our first division, that whatever is expressed wittily, consists sometimes in a thought, sometimes in the mere language, but that men are most delighted with a joke when the laugh is raised by the thought and the language in conjunction. But remember this, that whatever topics I shall touch upon, from which ridicule may be drawn, from almost the same topics serious thoughts may be derived : there is only this difference, that seriousness is used on dignified subjects with gravity, joking on such as are in some degree unbecoming, and as it were grotesque; for instance, we may with the very same words commend a thrifty servant, and jest upon one that is ex- travagant. That old saying of Nero ^ about a thieving servant is humorous enough. That he ivas the only one from whom nothing in the house was sealed or locked up; a thing which is not only said of a good servant, but in the very same words. From the same sources spring all kinds of sayings. What his mother said to Spurius Carvilius, who halted griev- ously from a wound received in the public service, and was on that account ashamed to go out of doors, Go, my Spurius, that as often as you take a step you may he reminded of your merits, was a noble and serious thought; but what Glaucia said to Calvinus, when he limped. Where is the old proverb — Does he claudicate 1 no ; hut he clodicates^' is ridiculous; and ^ Probably taken from the apopbtbegms of Cato, and probably, also, a saying of Cains Claudius Nero, who wa^ consul with Marcus Livius, A.U.C. 547, and defeated Hannibal at Sena. Liv. xxvii. 34. Ellendt. ^ The original is, Num claudicat ? at hie dodicat. " What,- is he lame ? iSTo ; but he favours Clodius." The reader easily sees that the force of the pun, which is bad enough at the first hand, is entirely lost by a literal translation. I have been forced to coin two English words from the Latin to convey some idea of it. Had Clodius lived in this country, and his name be^n Greville, I had been as happy as Glaucia ; 294 DE ORATORE ; OR, [b. H. yet both are derived from what may be observed with regard to lameness. What is more ignave than this JVcevius ? ^ said Scipio with severity; but Philippus, with some humour, to one who had a strong smell, / perceive that I am circumvented hy you;'^ yet it is the resemblance of words, with the change only of a letter, that constitutes both jokes. -' Those smart sayings which spring from some ambiguity are thought extremely ingenious; but they are not always employed to express jests, but often even grave thoughts. What Publius Licinus Varus said to Africanus the elder, when he was endeavouring to fit a chaplet to his head at an entertainment, and it broke several times, Do not wonder if it does not fit you, for you have a great head, w^as a fine and noble thought ; but He is hold enough, for he says hut little^^ is of the same sort. Not to be tedious, there is no subject for jest from which serious and grave reflections may not be drawn. It is also to be observed that everything which is ridiculous is not witty; for what can be so ridiculous as a buffoon ? ^ But it is by his face, his appearance, his look, his mimicry, his voice, and, in fine'', by his whole figure, that he for then I could have said, " Where is the old proverb, What, is he gravelled ? No ; but he is Grevilled. B. Num claudicat is thought bv Strebseus to have been a common question with regard to a man suspected of want of judgment or honesty. ^ Quid hoc Ncevio ignavius ? It is thought to have been a joke of Publius Africanus Major, who, according to some, was accused by the Petilii, tribunes of the people, or, according to others, by a certain Marcus Nsevius. See Liv. xxxviii. 50, 56; Val. Max. iii. 7; A. Gell. iv. 18. But it might have been said by Africanus the younger in reference to some other man. Ellendt. 2 Video me a te circumveniri. Toup, in his Appendix to Theocritus, suggests that we should read Video me a te non circum, sed hircum- veniri, referring to a similar joke of Aristophanes, Acharn. 850. ^ Calvus satis est, quod dicit parum. The meaning is by no means clear, and no change in the punctuation elucidates it Pearce sup- poses that it is said of a bad orator : " If he were to say more, he would giye less satisfaction ; what he has said is so far satisfactory, as it is brief." .... Henrichsen thinks that calvus might be used metaphori- cally, as calva oratio for jejicna ; and that the joke is on the ambiguity of the word. To me the passage seems inexplicable. Ellendt. Whether calvus in the text be a proper name or not, is a matter of uncertainty ; Turnebus thinks it is not. * Sannio. The sanniones were so called from sanna, a grimace, and personated ridiculous characters, like the Arlecchini or Pulcinelli of the Italians. Ellendt. C. LXII.] ON THE CHARACTER OP THE ORATOR. 295 excites laughter. I might, indeed, call him witty, but not in such a way that I would have an orator, but an actor in pantomime, to be witty. LXII. " This kind of jesting, above all, then, though it powerfully excites laughter, is not suited to us ; it represents the morose, the superstitious, the suspicious, the vainglorious, the foolish; — habits of mind which are in themselves ridi- culous; and such kind of characters we are to expose, not to assume. There is another kind of jesting which is extremely ludicrous, namely mimicry ; but it is allowable only in us to attempt it cautiously, if ever we do attempt it, and but for a moment, otherwise it is far from becoming to a man of edu- cation. A third is distortion of features, utterly unworthy of us. A fourth is indecency in language, a disgrace not only to the forum, but to any company of well-bred people. So many things, then, being deducted from this part of oratory, the kinds of jesting which remain are (as I distinguished them before) such as consist in thought or in expression. That which, in whatever terms you express it, is still wit, consists in the thought; that which by a change of words loses its spirit, has no wit but what depends on expression. " Plays on ambiguous words are extremely ingenious, but depend wholly on the expression, not on the matter. They seldom, however, excite much laughter, but are rather com- mended as jests of elegance and scholarship; as that about Titius, whom, being a great tennis-player, and at the same time suspected of having broken the sacred images by night, Terentius Vespa excused, when his companions inquired for him, as he did not come to the Campus Martins, by saying that he had hroken an arm. Or as that of Africanus, which is in Lucilius, Q^Ujid ? Decius, nuculam an confixum vis facer e ? inquit.^ ^ This verse of Lucilius would be unintelligible to us,, even if we f^ere certain that the reading of it is sound. Heusinger thinks that Lucilius referred to the game played with nuts, which the author of the elegy entitled " Nux " mentions : Quas puer aut rectus certo dila- ninat ictu. Others think that confixum facer e signifies merely confi- jere. Ernesti supposes that a sort of dish, made of pieces of flesh, fricasee, is meant. Schutz suggests that, if this be the meaning of confixum, some kind of eatable must be intended by nucula. But this profits us nothing. Ellendt. 296 DE ORATOEE j OR, [b. II. Or, as your friend Granius, Crassus, said of somebody, That he was not worth the sixth part of an as} And if you were to ask me, I should say that he who is called a jester, excels chiefly in jokes of this kind; but that other jests excite laughter in a greater degree. The ambiguous gains great admiration, as I observed before, from its nature, for it ap- pears the part of a wit to be able to turn the force of a word to quite another sense than that in which other people take it ; but it excites surprise rather than laughter, unless when it happens to be joined with some other sorts of jesting. LXIII. '^ Some of these sorts of jesting I will now run over : /but you are aware that that is the most common kind of joke, when we expect one thing and another is said ; in which case our own disappointed expectation makes us laugh. But if something of the ambiguous is thrown in with it, the wit is heightened; as in JSTaevius, a man seems to be moved with compassion who, seeing another, that was sentenced for debt, being led away, inquires, For how much is he adjudged ? He is answered, A thousand sestertii. If he had then added only, You may tahe him away, it would have been a species of joke that takes you by surprise; but as he said, I add no more; you may taTce him away, (thus introducing the ambiguous, another kind of jest,) the repartee, as it seems to me, is rendered witty in the highest degree. Such equi- vocation is most happy, when, in any dispute, a word is caught from your adversary, and thence something severe is turned upon the very person who gave the provocation, as by Catulus upon Philippus.^ But as there are several sorts of ambiguity, with regard to which accurate study is necessary, we should be attentive and on the watch for words ; and thus, though we may avoid frigid witticisms, (for we must be cau- tious that a jest be not thought far-fetched,) we shall hit upon many acute sayings. Another kind is that wl lich consists in a slight change in a word, which, when produced by the alte- ration of a letter, the Greeks call irapovofxaaia, as Cato called Nobilior^ Mohilior ; or as, when he had said to a certain ^ Non esse sextardis. A phrase applied either to anything worth more than a sextans, and therefore perhaps of great value, or to anything worth less than a sextans, or of no value at all. Turnebus. ^ See c. 54. 2 Marcus Fulvius Nobilior. Cat© had accused him of having taken 0. LXIV.J ON THE CHARACTER OF THE ORATOR. 297 person, Eamus deamhulatum, and the other asked, Quid opus fuit veI Cato rejoined, /mo verd, quid opus fuit te?^ Or that repartee of the same Cato, If you are both adverse and averse in your shameless practices. The interpretation of a name also has wit in it^ when you assign a ridiculous reason why a person is so called ; as I lately said of Nummius, who distributed money ^ at elections, that he had found a name in the Campus Martins as Neoptolemus found one at Troy. LXIY. "All such jokes lie in a single word. Often too a verse is humorously introduced, either just as it is, or with some little alteration; or some part of a verse, as Statins said to Scaur us when in a violent passion : (whence some say, Crassus, that your law ^ on citizenship had its rise :) Hush ! Silence ! what is all this noise ? Have you, Who neither have a father nor a mother, Such confidence ? Away with all that pride. In the case of Cselius, that joke of yours, Antonius, was assuredly of advantage to your cause; when, appearing as a witness, he had admitted that a great deal of money had gone from him, and as he had a son who was a man of plea- sure, you, as he was going away, said. See you the old man, touch'd for thirty minse ? To the same purpose proverbs may be applied; as in the joke of Scipio, when Asellus was boasting that while he had served in the army, he had marched through all the pro- vinces, Drive an ass, <&c^ Such jokes, as they cannot, if any poets with him into his province, and called him Mohilior, to denote his levity, which, among the Romans, who were fond of gravity and steadi- ness, was a great crime. Turnebus. See Cic. Tusc. Qusest. i. 2. He had also built a temple to the Muses. Cic. ib. et Arch. c. 11 ; Brut. c. 20 ; Plin. H. N. xxxv. 36. Ellendt. ^ This appears to us moderns a very poor joke. No translation can make it intelligible to those who do not understand the original. 2 Divisorem. Bivisores were those who distributed money among the tribes, in the name of the candidates, as bribes for their votes. See Cic. Yerr. i. 8 ; Plane. 19. Bllendt. ^ The Lex Licinia Mucia de civibus regendis, A.u.c. 659, by which it was provided that no one should be accounted a citizen who was not really a citizen. Cic. Off. iii. 11. Ellendt. * Turnebus thinks that the reference is to the Greek proverb, Et /xr) 298 DE ORATORE j OR, [b. II, change is made in the words of them, retain the same grace, are necessarily considered as turning, not on the matter, but on the mere expression. '' There is also a kind of joke, not at all absurd, which lies in expression, when you seem to understand a thing literally, and not in its obvious meaning; in which kind it was that Tutor,^ the old mimic, an exceedingly laughable actor, ex- clusively distinguished himself. But I have nothing to do with actors; I only wished this kind of jesting to be illus- trated by some notable example. Of this kind was your answer lately, Crassus, to one who asked you whether he should he troublesome if he came to you some time before it was light : and you said, You will not be troublesome : when he rejoined. You will order yourself to he waked then ? to which you replied, Surely I said that you would not he troublesome. Of the same sort was that old joke which they say that Mar- cus Scipio Maluginensis made, when he had to report from his century that Acidinus was voted consul, and the officer cried out. Declare as to Lucius Mardius, he said, / declare him to he a worthy man, and an excellent member of the com- monwealth. The answer of Lucius [Porcius] ^ Nasica to Cato the censor was humorous enough, when Cato said to him, Are you truly satisfied that you have taken a wife ? No, indeed, replied Nasica, / am not truly satisfied? ■ Such jests are in- sipid, or witty only when another answer is expected ; for our surprise (as I before^ observed) naturally amuses us; and thus, when we are deceived, as it were, in our expectation, we laugh. LXY. ^^ Those jests also lie in words, which spring from hvvoLLo ^ovv, ihavve ouov, *' If you cannot drive an ox, drive an ass," (see Apostol. Prov. vii. 53 ; Zenob. iii. 54 ; ) but that proverb seems inap- plicable to this passage. Talseus and Lambinus suppose, with more probability, that something like this must be understood : A gas asellum, cv/rs2cm non docebitur. Asellus is again mentioned in c. 6Q. Elleredt, ^ Nothing is recorded of that actor in pantomime. Ellendt. 2 This passage is corrupt, but as no emendation of it can be trusted, it will be sufficient to enclose Porcius in brackets. Orellius. 3 Ex tui animi sententid tu uxorem habes ? The words ex animi sen- tentid had two significations : they were used by the censors in putting questions in the sense of " truly, sincerely ; " but they were used in common conversation in the sense of " to a person's satisfaction.'* From the ambiguity of the phrase proceeds the joke. * C. 63. G. LXVI.] ON THE CHARACTER OF THE ORATOR. 299 some allegorical phraseology, or from a metaphorical use of some one word, or from, using words ironically. From alle- gorical phraseology : as when Rusca, in old times, proposed the law to fix the ages of candidates for offices, and Marcus Servilius, who opposed the law, said to him ; Tell me, Marcus Pinarius Eusca, if I s^eah against you, will you speah ill of me as you have spohen of others ? As you shall sow, replieoS he, so you shall reap. From the use of a single word in a^' metaphorical sense : as when the elder Scipio said to the Corinthians, who offered to put up a statue of him in the place where those of other commanders were, That he did not like such comrades. From the ironical use of words : as when Crassus spoke for Aculeo before Marcus Perperna as judge, and Lucius ^Elius Lama appeared for Gratidianus against Aculeo, and Lama, who was deformed, as you know, offered impertinent interruptions, Crassus said, Let us hear this heautiful youth. When a laugh followed, / could not form my own shape, said Lamia, hut I could form my understand^ ing. Then, said Crassus, let us hear this able orator; when a greater laugh than before ensued. Such jests are agreeable as well in grave as in humorous speeches. For I observed, a little while ago,^ that the subjects for jest and for gravity are distinct ; but that the same form of expression will serve for grave remarks, as for jokes. Words antithetically used^ are a great ornament to language; and the same mode of using them is often also humorous; thus, when the well-known Servius Galba carried to Lucius Scribonius the tribune a list of his own intimates to be appointed as judges, and Libo said. What, Galba, will you never go out of your own dining- room ? Yes, replied Galba, when you go out of other men's bed- chambers. To this kind of joke the saying of Glaucia to Metellus is not very dissimilar : Tou have your villa at Tihur, but your court on mount Palatine.^ LXVI. " Such kinds of jokes as lie in words I think that I have now sufficiently discussed ; but such as relate to things 1 C. 61. 2 Yerha relata contrari^. Which the Greeks call dpriOera, when con- trariis opponuntur contraria. Cic. Or. 50. ^ Villam in Tiburte habes, cortem in Palatio. Cors or cliors meant a coop, pen, or moveable sheep-fold. Schutz and Strebseus, therefore, suppose that Glaucia intended to designate the companions of Metellus as cattle, for which he had a pen on the Palatine. 300 DE ORATORE ; OR, [b. II. are more numerous, and excite more laughter, as I observed before.^ Among them is narrative, a matter of exceeding difficulty ; for such things are to be described and set before the eyes, as may seem to be probable, which is the excellence of narration, and such also as are grotesque, which is the peculiar province of the ridiculous; for an example, as the shortest that I recollect, let that serve which I mentioned before, the story of Crassus about Memmius.^ To this head we may assign the narratives given in fables. Allusions are also drawn from history ; as when Sextus Titius^ said he was a Cassandra, / can name, said Antonius, many of your Ajaces Oilei} Such jests are also derived from similitudes, which include either comparison or something of bodily representa- tion. A comparison, as when Gallus, that was once a witness against Piso, said that a countless sum of money had been given to Magius^ the governor, and Scaurus tried to confute him, by alleging the poverty of Magius, You mistake me, Scaurus, said he, for I do not say that Magius has saved it, hut that, like a man gathering nuts without his clothes, he has put it into his helly. Or, as when Marcus Cicero ^ the elder, the father of that excellent man our friend, said. That the men of our times were like the Syrian slaves ; the more Greek they knew, the greater knaves they were. Representations also create much laughter, and these commonly bear upon some defor- mity, or bodily defect, with a comparison to something still more deformed : as my own saying on Helvius Mancia, / will now show, said I, what sort of man you are; when he ex- claimed. Show us, I pray you; and I pointed with my finger to a Gaul represented upon the Cimbrian shield of Marius under the new shops ^ in the forum, with his body distorted, his tongue lolling out, and his cheeks flabby. A general laugh ensued ; for nothing was ever seen to resemble Mancic* so much. Or as I said to the witness Titus Pinarius, who twisted his chin about while he was speaking. That he might 1 C. 61. 2 c. 59. 3 c. 11. * Antonius impudicos hominis mores insectatur, cum Cassandree ab Ajace post expugnatani Trojam vim illatam fuisse constet. Ellendt. ^ Of Magius nothing is known. Ellendt. ^ The grandfather of the orator, as is clearly shown by Corradus in Qusest. Ernesti. ^ Sub Novis. Understand Tabernis argentariis. See P. Fabr. ad Quaest. Acad. iv. 22; Drakenborch ad Liv. xxvi. 27; xliv. 17. Ernesti, X. LXVII. I ON THE CHARACTER OF THE ORATOR. 301 speak, if Tie pleased, if he had done cracking his nut. There are jokes, too, from things being extenuated or exaggerated hyperbolically, and to astonish ; as you, Crassus, said in a speech to the people, that Memmius fancied himself so great a man, that as he came into the forum he stooped his head at the arch of Fahius. Of which kind is the saying also, that Scipio is reported to have uttered at JSTumantia when he was angry with Metellus, that If his mother were to produce a fifth, she would hring forth an ass} There is also frequently acute- ness shown, when something obscure and not commonly known is illustrated by a slight circumstance, and often by a single word; as when Publius Cornelius, a man, as was suspected, of a covetous and rapacious disposition, but of great courage and an able commander, thanked Caius Fabricius for having, though he was his enemy, made him consul, especially during a difficult and important war. You have no reason to thank me, returned Fabricius, if I had rather he pillaged than sold for a slave. Or, as Africanus said to Asellus, who objected to him that unfortunate lustration in his censorship, I)o not wonder; for he who restored you to the rights of a citizen, completed the lustration and sacrificed the hulL There was a tacit suspicion, that Mummius seemed to have laid the state under the necessity of expiation by remov- ing the mark of ignominy from Asellus. LXVII. " Ironical dissimulation has also an agreeable effect, when you say something different from what you think; not after the manner to which I alluded before, when you say the exact reverse of what you mean, as Crassus said to Lamia, but when through the whole course of a speech you are seriously jocose, your thoughts being different from your words; as our friend Scaevola said to that Septu- muleius of Anagnia, (to whom its weight in gold was paid for the head of Caius Gracchus,) when he petitioned that he would take him as his lieutenant-general into Asia, What would you have, foolish man ? there is such a midtitude of had citizens that, I warrant you, if you stay at Rome, you will in a few years make a vast fortune. Fannius, in his Annals, says that Africanus the younger, he that was named ^milianus, was ^ Quintus Metellus Macedonicus, as Plutarch relates in his treatise De Fortund Eomanorum, had four sons, whose abilities were in propor- tion to their ages, the youngest being the least gifted. Proust. C02 DE ORATORE ; OR, [b. II. remarkable for this kind of jests ; and calls him by a Greek term elpwr, an ironical jester; but, according to what those say who know these matters better than myself, I conceive that Socrates, for irony and dissimulation, far excelled all other men in the wit and genius which he displayed. It is an elegant kind of humour, satirical with a mixture of gravity, and adapted to oratory as well as to polite conversation. Indeed all the kinds of humour of which I have spoken, are seasonings not more appropriate to law-pleadings in the forum, than to any other kind of discourse. For that which is mentioned by Cato, (who has reported many apophthegms, several of which have been produced by me as examples,) seems to me a very happy saying, that Cains Puhlius used to observe that Pitblius Mummius was a man for all occasions; so it certainly is with regard to our present subject, that there is no time of life in which wit and polite humour may not very properly be exercised. "But I will pursue the remainder of my subject. It is a kind of joking similar to a sort of dissimulation, when any- thing disgraceful is designated by an honourable term ; as when Africanus the censor removed from his tribe that cen- turion who absented himself from the battle in which Paulus commanded, alleging that he had remained in the camp to guard it, and inquiring why he had such a mark of ignominy set upon him, / do not like, replied Africanus, over vigilant people. It is an excellent joke, too, when you take any part of another person's words in a different sense from that which he intended; as Fabius Maximus did with Livius Salinator,^ when, on Tarentum being lost, Livius had still preserved the citadel, and had made many successful sallies from it, and Fabius, some years afterwards, having retaken the town, Livius begged him to remember that it was owing to him that Tarentum was retaken* How can I do otherwise than remember, said Fabius, for I shouM never have retaken it if you had not lost it. Such jokes as the following, too, are, though rather absurd, often on that very account extremely ^ The same anecdote is noticed by Ciceix>/De Senecfc. e. 4 ; and Livy speaks of the occurrence at some length, xxvi. 25. But that the Marcus Livius there mentioned had not the cognomen of Salinator, but of Macatus, is shown by P. Wesseling, Obss. ii. 5 ; and there seems little doubt that Cicero made a mistake here, as in some other places* EllendL C. LXVIII.j ON THE CHARACTER OF THE ORATOR. 303 amusing, and very apposite, not only to characters in plays, but also to us orators : The foolish man ! As soon as he had come to wealth, he died. That woman, what is she to yon ? My wife. Like you, by Hercules ! ^ As long as he was living at the waters He never ^ died. LXYIII. "This kind of jokes is rather trifling, and, as I said, fit for actors in farces; but sometimes it finds a proper place with us, as even one who is not a fool may express himself like a fool in a humorous way, as Mancia con- gratulated you, Antonius, when he heard that you were accused by Marcus Duronius of bribery in your censorship : At length, said he, 2/ou will have an opportunity of attending to your own business. Such jests excite great laughter, and in truth all sayings that are uttered by men of sense with a degree of absurdity and sarcasm, under the pretence of not understanding what is said to them. A joke of this kind is not to seem to comprehend what you comprehend very well ; as when Pontidius, being asked, WTiat do you tliink of him who is taken in adultery ? replied, That he is slow. Or such as was my reply to Metellus, when, at a time of levying troops, he would not excuse me from serving for the weakness of my eyes, and said to me. What I can you see nothing ? Yes truly, answered I, / can see your villa from the Esquiline- Gate? Or as the repartee of Nasica, who, having called at the house of the poet Ennius, and the maid-servant having told him, on his inquiring at the door, that Ennius was not at home, saw that she had said so by her master's order, and that he was really within : and when, a few days afterwards, Ennius called at Nasica's house, and inquired for him at the ' We may suppose, says Strebaeus, the woman to have been deformed, and some one to have asked the man, " AATiat relation is that woman to you ? your sister ? " When the man answered, " My wife," the ques- tioner would exclaim, *' And yet, how like you she is ! I should have taken her for your sister ; " wittily indicating the deformity of the man. 2 The joke, says Schutz, is in the word never, as if it were possible that a man might die several times. 2 A reflection, says Tumebus, on the extraordinary size and magnifV- cence of the building. 304 DE ORATORE j OR, [b, II. gate, Nasica cried out, That he vms not at home. What ? says Ennius, do I not hnow your voice ? You are an impudent fellow, rejoined Nasica; when I inqui7'ed for you, I believed your servant when she told me that you were not at home, and will not you believe me when I tell you that I am not at home? It is a very happy stroke, too, when he who has uttered a sarcasm is jested upon in the same strain in which he has attacked another : as when Quintus Opimius, a man of consular dignity, who had the report of ha.ving been licentious in his youth, said to Egilius, a man of wit, who seemed to be an effeminate person, but was in reality not so, How do you do, my Egilia? when will you pay me a visit with your distaff and sjnndle? and Egilius replied, / certainly dare not; for my mother forbad me to visit women of bad character. LXIX. " There are witty sayings also which carry a con- cealed suspicion of ridicule; of which sort is that of the Sicilian, who, when a friend of his made lamentation to him, saying, that his wife had hanged herself upon a fig-tree, said, / beseech you give me some shoots of that tree, that I may plant them. Of the same sort is what Catulus said to a cer- tain bad orator, who, when he imagined that he had excited compassion at the close of a speech, asked our friend here, after he had sat down, whether he appeared to have raised /pity in the audience : Very great pity, replied Crassus, for I believe there is no one here so hard-hearted but that your speech seemed pitiable to him. Those jests amuse me extremely, which are expressed in passion and as it were with morose- ness ; not when they are uttered by a person really morose, for in that case it is not the wit, but the natural temper that is laughed at. Of this kind of jest there is a very humorous example, as it appears to me, in Nsavius : — Why mourn you, father ? Strange that I do not sing ! I am condemned. Contrasted with this there is a patient and cool species of the humorous : as when Cato received a stroke from a man carrying a trunk, who afterwards called to him to take care, he asked him, whether he carried anything else besides the trunk 1 There is also a witty mode of exposing folly; as when the Sicilian to whom Scipio, when praetor, assigned his host for an advocate in some cause, a man of rank but C. LXX.] ON THE CHARACTER OF THE ORATOR. 30^ extremely stupid, said, Iheseech you, prcetor, give this advocate \\\ ^^0 my adversary, and give me none. Explanations of things, too, are amusing, which are given from conjecture in a sense far different from that which they are intended to convey, but with ingenuity and aptness. As when Scaurus accused Eutilius of bribery, (at the time when he himself was made consul, and Eutilius suffered a disappointment,) and showed these letters in Rutilius's books,^ A. F. P. R., and said that they signified, Actum Fide Puhlii Rutilii, ^transacted on the faith of Publius Eutilius;' while Eutilius declared that they meant, Ante Factum, Post Relatum, ^done before, entered after;' but Caius Canius, being on the side of Eiifus, observed that neither of those senses was intended by the letters : What then is the meaning? inquired Scaurus. JEmilius fecit, plec- titur Rutilius, replied Canius ; ' -^milius is guilty, Eutilius is punished.' LXX. "A union of discordant particulars is laughable: as, What is wanting to him, except fortune and virtue? A familiar reproof of a person, as if he were in error, is also amusing; as when Albucius taunted Granius, because, when something appeared to be proved by Albucius from Granius's writing, Granius rejoiced extremely that Scsevola^ was ac- I quitted, and did not understand that judgment was given i against the credit of his own writing. Similar to this is ' friendly admonition by way of giving advice : as when Granius ■ persuaded a bad pleader, who had made himself hoarse with / speaking, to drink a cold mixture of honey and wine as soon ' as he got home : / shall ruin my voice, said he, if I do so. It will be better, said Granius, than to ruin your clients. It is a happy hit, too, when something is said that is peculiarly applicable to the character of some particular person; as when Scaurus had incurred some unpopularity for having taken possession of the effects of Phrygio Pompeius, a rich man who died without a will, and was sitting as counsel for ^ Which Scaurus. required to be produced on the trial. 2 Texts vary greatly in this passage. I adhere strictly to that of Orellius. *'It appears," says Pearce, "that Scaevola was accused of ex- tortion, as Cicero says in his Brutus, and in the first book De Finibus, ' and that Albucius, to prove the accusation, brought forward some writing of Granius, who, when judgment was given in favour of Scaevola, lid not understand that it was at the same time given against his own writing." X 306 BE ORATORE j OR, [b. II. : Bestia, then under impeachment, Caius Memmius the accuser, I as a funeral procession passed by, said. Look, Scaurus, a dead body is going 6y, if you can hut get possession ! But of all jokes none create greater laughter than something said contrary to expectation; of which there are examples without number. Such was the saying of Appius the elder,^ who, when the matter about the public lands, and the law of Thorius, was in agitation in the senate, and Lucilius was hard pressed by those who asserted that the public pastures were grazed by his cattle, said, They are not the cattle of Lucilius; you mistake; (he seemed to be going to defend Lucilius j) / look upon them asfreCy for they feed where they please. That saying also of the Scipio who slew Tiberius Gracchus amuses me. When, after many charges were made against him, Marcus Flaccus pro- posed Publius Mucins as one of his judges, / except against him J said he, he is unjust; and when this occasioned a general murmur, Ah! said he, / do not except against him, Conscript Fathers, as unjust to me, hut to everybody. But nothing could be more witty than the joke of our friend Crassus. When Silus, a witness, was injuring the cause of Piso, by something that he said he had heard against him, It is possible, said he, Silus, that the person from whom you heard this said it in anger. Silus assented. It is possible, too, that you did not rightly understand him. To this also he assented with the lowest of bows, expressing entire agreement with Crassus. It is also possible, continued Crassus, that what you say you have heard you never heard at all. This was so different from what was expected, that the witness was overwhelmed by a general laugh. Nsevius is full of this kind of humour, and it is a familiar joke. Wise man, if you are cold you will shake; and there are many other such sayings. LXXI. ^^ You may often also humorously grant to your adversary what he wishes to detract from you; as Caius Laelius, when a man of disreputable family told him that he was unworthy of his ancestors, replied. But, by Hercules, you are vmrthy of yours. Jokes, too, are frequently uttered in u sententious manner; as Marcus Cincius, on the day when he proposed his law about gifts and presents, and Caius Cento stood forth and asked him with some scorn, What are ^ He is called the elder, because he had a brother of the same name, the father of Publius Clodivis, the enemy of Cicero. Prow&t C. LXXI.l ON THE HCARACTER OF THE ORATOR. 307 you proposing, little Cincius? replied^ That you, Caius, may pay f 07' what you wish to use} Things also which are impos- sible are often wished for with much wit ; as Marcus Lepidus, when he lay down upon the grass, while others were taking their exercise in the Campus Martins, exclaimed, I wish this were labour. "^ It is an excellent joke also to give inquisi- tive people who teaze you as it were, a calm answer, of such a nature as they do not expect; as Lepidus the censor, when he deprived Antistius of Pyrgi of his horse ; ^ and his friends ^ A species of ridicule expressed in a pithy sentence. The example produced requires that we should explain the Cincian law. This cannot be done better than in the words of Dr. Middleton. The business of pleading, says he, though a profession of all others the most laborious, yet was not among the Romans mercenary, or undertaken for any pay ; for it was illegal to take money, or to accept 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. This was an institution as old as Romulus, who assigned the patronage of the people to the patri- cians or senators, without fee or reward ; but in succeeding ages, when, through the avarice of the nobles, it had become a custom 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, published a law prohibiting all senators to take money or gifts on any account, and especially for pleading causes. This Cincian law was made in the year of Rome 549 ; and recommended to the people, as Cicero tells us, (De Senect. 4,) by Quintus Fabius Maximus, in the ex- tremity of his age. Caius Cento was one of the orators who opposed it. Livy, xxxiv. 4, gives us the reason for passing this law, " Quid legem Cinciam de donis et muneribus, nisi quia vectigalis jam et sti- pendiaria plebs esse seuatui cseperat ? " It is also mentioned by Tacitus, Annal. xi. 5 : *' Consurgunt patres legemque Cinciam flagitant, qua eavetur antiquitus ne quis ob causam orandam pecuniam donumve accipiat.'* We also find from the same author, (xi. 7,) that this law was not well observed in Cicero's time: "prompta sibi exempla quantis mercedibus P. Clodius aut C. Curio concionari soliti sint;" so the emperor Claudius confined the fees to be allowed not to exceed a certain sum, which amounted to 80^. 14s. 7c?. of our money, *' Capiendis pecuniis posuit modum usque ad dena sestertia, quem egressi repetun- darum tenerentur.*' The Cincian law, sa-ys Dr. Taylor, has been well , commented upon by several of the moderns, as Ranchinus ii. ; Var. vii. ; ' Burgius i. ; Elect, xviii. ; and Brummerus. B. Turnebus understands the sense of the repartee to be, that patrons were not to expect thence- forward to live upon gifts from their clients, but must buy whatever '- they wished to have. 1 2 He wishes that labour were as easy as ease. \ ^ Kxcludinir him from the number of the knights, to whom a hoi-^€ * was given at the public expense. x2 308 DE ORATORE ; OR, [b. II. called out to him, and inquired what reason Antistius could give his father why his horse was taken from him, when he was^ an excellent, industrious, modest, frugal member of the colony, rejoined. That I believe not a word of it. Some other sorts of jests are enumerated by the Greeks, as execrations, expressions of admiration, threats. But I think that I have divided these matters into too many heads already ; for such as lie in the force and meaning of a word, are commonly easy to settle and define; but in general, as I observed before, they are heard rather with approbation than laughter. Jokes, however, which lie in the subject and thought, are, though infinite in their varieties, reducible under a very few general heads ; for it is by deceiving expectation, by satirising the tempers of others, by playing humorously on our own, by comparing a thing with some- thing worse, by dissembling, by uttering apparent absurdities, and by reproving folly, that laughter is excited; and he who would be a facetious speaker, must be endowed with a natural genius for such kinds of wit, as well as with personal qualifi- cations, so that his very look may adapt itself to every species of the ridiculous; and the graver and more serious such a person is, as is the case with you, Crassus, so much more humorous do thQ sayings which fall from him generally appear. '' But now I think that you, Antonius, who said ^ that you would repose during my discourse, as in some place of refresh- ment, will, as if you had stopped in the Pomp tine Marsh, neither a pleasant nor a wholesome region, consider that you have rested long enough, and will proceed to complete the remainder of your journey." " I will," said Antonius, '' having been very pleasantly entertained by you, and having also acquired instruction, as well as encouragement, to indulge in jesting; for I am no longer afraid lest any one should charge me with levity in that respect, since you have produced such authorities as the Fabricii, the Africani, the Maximi, the Catos, and the Lepidi, in its favour. But you have heard what you desired from me, at least such points as it was necessary to consider and detail with par- 1 That is, says Proust, was so reported by those who wished to favour him. » C. 57. C. LXXII.] ON THE CHARACTER OF THE ORATOR. 309 ticular accuracy; the rest are more easy, and arise wholly from what has been already said. LXXII. ^ "For when I have entered upon a cause, and traced out all its bearings in my mind, as far as I could possibly do so ; when I have ascertained and contemplated the proper arguments for the case, and those particulars by which the feelings of the judges may be conciliated or excited, I then consider what strong or weak points the cause con- tains ; for hardly any subject can be called into question and controversy in pleading, which has not both ; but to what degree is the chief concern. In pleading, my usual method is, to fix on whatever strong points a cause has, and to illus- trate and make the most of them, dwelling on them, insisting on them, clinging to them ; but to hold back from the weak and defective points, in such a way that I may not appear to shun them, but that their whole force may be dissembled and overwhelmed^ by the ornament and amplification of the strong parts. If the cause turn upon arguments, I maintain chiefly such as are the strongest, whether they are several or whether there be but one ; but if the cause depend on the conciliation or excitement of the feelings of the judges, I apply myself chiefly to that part which is best adapted to move men's minds. Finally, the principal point for consideration on this head is, that if my speech can be made more effective by refuting my adversary, than by supporting my own side of the question, I employ all my weapons against him ; but if my own case can be more easily supported, than that on the other side can be confuted, I endeavour to withdraw the attention of the judges from the opposite party's defence, and to fix it on my own. In conclusion, I adopt, on my own responsibility, two courses which appear to me most easy (since I cannot attempt what is more difficult) : one, that I make, sometimes, no reply at all to a troublesome or difficult argument or point ; (and at such forbearance perhaps somebody may reasonably laugh ; for who is there that cannot practise it 1 but I am now speaking of my own abilities, not those of others ; and I confess that, if any particular press very hard upon me, I usually retreat ^ Antonius returns to the point from which he had digressed at c. 57. \ ^ Dissimulatum . . . ohruafur. The word ante, which is retained by Orellius, but is wanting in several manuscripts, I leave untranslated. 310 DE ORATORE ; OR, [b. IL from it, but in such a manner as not only not to appear to flee with my shield thrown away, but even with it thrown over my shoulders ; adopting, at the same time, a certain pomp and parade of language, and a mode of flight that resembles fighting ; and keeping upon my guard in such a way, that I seem to have retired, not to avoid my enemy, but to choose more advantageous ground;) the other is one which I think most of all worthy of the orator's precaution and foresight, and which generally occasions me very great anxiety : I am accustomed to study not so much to benefit the causes which I undertake, as not to injure them ; not but that an orator must aim at both objects; but it is however a much greater disgrace to him to be thought to have damaged a cause, than not to have profited it. LXXIII. " But what are you saying among yourselves on- this subject, Catulus? Do you slight what 1 say, as indeed it deserves to be slighted?" '' By no means," rejoined Catulus; '' but Csesar seemed desirous to say something on the point." ^^ Let him say it, then, with all my heart," continued An- tonius, " whether he wish to confute, or to question me." ' ^^ Indeed, Antonius," said Csesar, " I have always been the man to say of you as an orator, that you appeared to me in your speeches the most guarded of all men, and that it was your peculiar merit, that nothing was ever spoken by you that could injure him for whom you spoke. And I well remember, that, on entering into a conversation with Crassus here concerning you, in the hearing of a large company, and Crassus having largely extolled your eloquence, I said, that /"amongst your other merits , this was even the principal, that, you not only said all that ought to be said, but also never ^^-said anything that ought not to be said ; and I recollect that he then observed to me, that your other qualities deserved the highest degree of praise, but that to speak what was not to the purpose, and to injure one's own client, was the conduct of an unprincipled and perfidious person ; and, consequently, that he did not appear to him to be a good pleader, who avoided doing so, though he who did so was certainly dis- honest. Now, if you please, Antonius, I would wish you to show why you think it a matter of such importance, to do no harm to a cause; so much so, that nothing in an orator appears to you of greater consequence." . C. LXXIV.] ON THE CHAEACTER OF THE ORATOR. 311 LXXI V. " I will readily tell you, Caesar," replied Antonius, " what I mean ; but do you, and all who are here, remember this, that I am not speaking of the divine power of the com- plete orator, but of my own humble efforts and practice. The remark of Crassus is indeed that of an excellent and singular genius; to whom it appeared something like a prodigy, that any orator could possibly be found, who could do any mischief in speaking, and injure him whom he had to defend. For he judges from himself; as his force of intellect is such, that he thinks no man speaks what makes against himself, unless on purpose; but I am not alluding to any supereminent and illustrious power, but to common and almost universal sense. Amongst the Greeks, Themistocles the Athenian is reported to have possessed an incredible compass of understanding and genius ; and a certain person of learning and singular accom- plishments is said to have gone to him, and offered to teach him the art of memory, an art then first made public. When he inquired what that art could do for him, the professor replied, that it would enable him to remember everything; when Themistocles rejoined, that he would oblige him much more if he could instruct him how to forget, rather than to remem- ber, what he chose. Do you conceive what force and vigour of genius, how powerful and extensive a capacity, there was in that great man ? who answered in such a manner that we may understand that nothing, which had once entered his mind, could ever slip out of it ; and to whom it was much more desirable to be enabled to forget what he did not wish to remember, than to remember whatever he had once heard or seen. But neither on account of this answer of Themistocles are we to forbear to cultivate our memory ; nor is my pre- caution and timidity in pleading causes to be slighted on account of the excellent understanding of Crassus ; for neither the one nor the other of them has given me any additional ability, but has merely signified his own. There are numbers of points^ in causes that call for circumspection in every part ^ Antonius mentions seven ways by which the indiscretion of the orator may be of prejudice to the cause, to illustrate his last observa- tion : — 1. By irritating a witness, who would not have injured his client without provocation. 2. By not giving way when the arguments press too hard upon him, he may lose his cause. 3. By extolling those qua- lities in his client which ought to be extenuated, he may do mischief. 4. By throwing invectives upon those who are entitled to the esteem 312 DE ORATORE j OR, [b. 11. of your speech, that you may not stumble, that you may not fall over anything. Oftentimes some witness either does no mischief, or does less, if he be not provoked; my client entreats me, the advocates press me, to inveigh against him, to abuse him, or, finally, to plague him with questions ; I am not moved, I do not comply, I will not gratify them ; yet y I gain no commendations ; for ignorant people can more easily T blame what you say injudiciously, than praise you for what you Ndiscreetly leave unnoticed. In such a case how much harm may be done if you offend a witness who is passionate, or one who is a man of sense, or of influential character 1 for he has the will to do you mischief from his passion, the power in his understanding, and the means in his reputation; nor, if Crassus never commits this offence, is that a reason that many are not guilty of it, and often ; on which account nothing ever appears to me more ignominious, than when from any observation, or reply, or question, of a pleader, such remarks as this follow: He has ruined — Whom? his adversary? iVb trul]/, hut himself and his client. LXXY. " This Crassus thinks can never happen but through perfidiousness; but I very frequently observe that persons by no means dishonest do mischief in causes. In regard to that particular which I mentioned before, that I am used to retreat, or, to speak more plainly, to flee from those points which would press hard on my side of the question, how much harm do others do when they neglect this, saunter in the enemy's camp, and dismiss their own guards 1 Do they occasion but slight detriment to their causes, when they either strengthen the supports of their adversaries or inflame the w^ounds which they cannot heal 1 What harm do they cause when they pay no regard to the characters of those whom they defend ] If they do not mitigate by extenuation and favour of the judges. 5. By upbraiding his adversary with the same defects that are in some of the judges ; of which Philip's derision of a dwarfish evidence, before Lucius Aurifex, who was still lower in stature, was an instance mencioned before. 6. He may plead his own cause rather than that of his client ; which blame Cicero seems to have in- curred in his oration for Publius Sextius, a cause in which he was warmly and specially interested. Whoever has any inclination to read the , history of that trial, may find it in Dr. Middleton's Life of -Cicero, vol. ii. p. 45, &c. 7. By the use of false or repugnant arguments, or such as are foreign to the usage of the bar and judicial proceedings. B, C. LXXVI.] ON THE CHARACTER OF THE ORATOR. 313 those qualities in them that excite ill-will, but make them more obnoxous to it by commending and extolling them, how much mischief is caused by such management ? Or what if, without any precautionary language, you throw bitter and contumelious invectives upon popular persons, in favour with the judges, do you not alienate their feelings from you? Or what if there be vices or bad qualities in one or more of the judges, and you, in upbraiding your adversaries with such demerits, are not aware that you are attacking the judges, is it a small error which you then commit ? Or what if, while you are speaking for another, you make his cause your own, or, taking affront, are carried away from the question by passion, and start aside from the subject, do you occasion no harm? In this respect I am esteemed too patient and forbearing, not because I willingly hear myself abused, but because I am un- willing to lose sight of the cause ; as, for instance, when I reproved you yourself, Sulpicius, for attacking an agent, not me your adversary.^ From such conduct, however, I acquire this advantage, that if any one does abuse me, he is thought to be either ill-tempered or out of his wits. Or if in your arguments you shall state anything either manifestly false, or contradictory to what you have said or are going to say, or foreign in its nature to the practice of trials and of the forum, do you occasion no damage to your cause? Why need I say more on this head? My whole care is constantly devoted to this object, (for I will repeat it frequently,) to effect, if I can, some good by speaking ; but if not, to do at least no harm. LXXVI. " I now return therefore to that point, Catulus, on which you a little while ago accorded me praise ; the order and arrangement of facts and topics of argument. On this head, two methods may be observed; one, which the nature of causes dictates; the other, which is suggested by the orator's judgment and prudence. For, to premise something before we come to the main point ; then to explain the matter in question; then to support it by strengthening our own arguments, and refuting those on the other side ; next, to ^ Quod ministratorem peteres, non adversarium. The ministrator was a witness, from whose evidence Antonius had drawn arguments. Ellendt. Whether by adversariiis is meant Antonius or not, is, as Henrichsen says, uncertain. Ellendt thinks that Antonius is nut meant. I have however differed from him, as the context seems to indicate that Antonius is meant. 314 DE ORATOREj OR, [b. II. 8um up, and come to the peroration ; is a mode of speaking that nature herself prescribes. But to determine how we should arrange the particulars that are to be advanced in order to prove, to inform, to persuade, more peculiarly belongs to the orator's discretion. For many arguments occur to him ; many, that seem likely to be of service to his pleading ; but some of them are so trifling as to be utterly contemptible ; some, if they are of any assistance at all, are sometimes of such a nature, that there is some defect inherent in them; while that which appears to be advantageous, is not of such import that it need be advanced in conjunction with anything prejudicial. And as to those arguments which are to the purpose, and deserving of trust, if they are (as it often happens) very numerous, I think that such of them as are of least weight, or as are of the same tendency with others of greater force, ought to be set aside, and excluded altogether from our pleading. I myself, indeed, in collecting proofs, make it a practice rather to weigh than to count them. LXXYII. " Since, too, as I have often observed, we bring over people in general to our opinions by three methods, by instructing their understandings, conciliating their bene^ volence, or exciting their passions, one only of these three methods is to be professed by us, so that we may appear to desire nothing else but to instruct ; the other two, like blood throughout the body, ought to be diffused through the whole of our pleading ; for both the beginning, and the other parts of a speech, on which we will by-and-by say a few words, ought to have this power in a great degree, so that they may penetrate the minds of those before w^hom we plead, in order to excite them. But in those parts of the speech which, though they do not convince by argument, yet by solicitation and excitement produce great effect, though their proper place is chiefly in the exordium and the peroration, still, to make a digression from, what you have proposed and are discussing, for the sake of exciting the passions, is often advantageous. Since, after the statement of the case has been made, an oppor- tunity often presents itself of making a digression to rouse the feelings of the audience ; or this may be properly done after the confirmation of our own arguments, or the refutation of those on the other side, or in either place, or in all, if the cause has sufficient copiousness and importance ; and those C. LXXVni.] ON THE CHARACTER OF THE ORATOR. 315 causes are the most considerable, and most pregnant with matter for amplification and embellishment, which afford the most frequent opportunities for that kind of digression in which you may descant on those points by which the passions of the audience are either excited or calmed. In touching on this matter, I cannot but blame those who place the arguments to which they trust least in the jBront; and, in like manner, I think that they commit an error, who, if ever they employ several advocates, (a practice which never had my approba- tion,) will have him to speak first in whom they confide least, and rank the others also according to their abilities.^ For a cause requires that the expectations of the audience should be met with all possible expedition ; and if nothing to satisfy thetn be offered in the commencement, much more labour is necessary in the sequel ; for that case is in a bad condition which does not at the commencement of the pleading at once appear to be the better. For this reason, as, in regard to pleaders,^ he who is the most able should speak first, so in regard to a speech, let the arguments of most weight be put foremost ; yet so that this rule be observed with respect to both, that some of superior efficiency be reserved for the peroration ; if any are but of moderate strength, (for to the weak no place should be given at all,) they may be thrown into the main body and into the midst of the group. All these things being duly considered, it is then my custom to think last of that which is to be spoken first, namely, what exordium I shall adopt. For whenever I have felt inclined to think of that first, nothing occurs to me but what is jejune, or nugatory, or vulgar and ordinary. LXXVIII. '' The beginnings of speeches ought always to be accurate and judicious, well furnished with thoughts, and happy in expression, as well as peculiarly suited to their respective causes. For our earliest acquaintance with a speech as it were, and the first recommendation of it to our notice, is at the commencement; which ought at once to propitiate and attract the audience. In regard to this point, ^ Ut in quoque eorum minimum putant esse, ita eum primum volv/nt dicere. " As in each of them they think that there is least, so they wish him to speak first." 2 Ut in orator e. Schutz conjectures in orator thus, but he had better, as Ell-endt observes, have conjectured ex oratoribus. But the text may be correct. 316 DE oratoke; or, [b. ii. I cannot but feel astonished, not indeed at such as have paid no attention to the art, but at a man of singular elo- quence and erudition, I mean Philippus, who generally rises to speak with so little preparation, that he knows not what word he shall utter first; and he says, that when he has warmed his arm, then it is his custom to begin to fight ; but he does not consider that those from whom he takes this simile hurl their first lances gently, so as to preserve the utmost grace in their action, and at the same time to husband their strength. Nor is there any doubt, but that the beginning of a speech ought very seldom to be vehement and pug- nacious; but if even in the combat of gladiators for life, which is decided by the sword, many passes are made previous to the actual encounter, which appear to be intended, not for mischief, but for display, how much more naturally is such prelude to be expected in a speech, in which an exhibition of force is not more required than gratification'? Besides, there is nothing in the whole nature of things that is all produced at once, and that springs entire into being in an instant ; and nature herself has introduced everything that is done and accomplished most energetically with a moderate beginning. Nor is the exordium of a speech to be sought from without, or from anything unconnected with the sub- ject, but to be derived from the very essence of the cause. It is, therefore, after the whole cause has been considered and examined, and after every argument has been excogitated and prepared, that you must determine what sort of exordium to adopt; for thus it will easily be settled,^ as it will be drawn from those points which are most fertile in arguments, or in those matters on which I said^ you ought often to make digressions. Thus our exordia will give additional weight, when they are drawn from the most intimate parts of our defence ; and it will be shown that they are not only not common, and cannot be transferred to other causes, but that they have wholly grown out of the cause under con- sideration. LXXIX. " But every exordium ought either to convey an intimation. of the whole matter in hand, or some introduction ^ Reperientur . . . sumentur. These words are plural in Orellius's text, but Ellendt and others seem rightly to determine that they should be singular. ^ c. 77. C. LXXIX.] ON THE CHARACTER OF THE ORATOR. 317 knd support to the cause, or something of ornament and |dignity. But, like vestibules and approaches to houses and temples, so the introductions that we prefix to causes should be suited to the importance of the subjects. In small and unimportant^ causes, therefore, it is often more advisable to commence with the subject-matter itself without any preface. But, when we are to use an exordium, (as will generally be the case,) our matter for it may be derived either from the suitor, from the adversary, from the subject, or from those before whom we plead. From the suitor (I call all those suitors whom a suit concerns) we may deduce such par- ticulars as characterise a worthy, generous, or unfortunate man, or one deserving of compassion ; or such particulars as avail against a false accusation. From the adversary we may deduce almost the contrary particulars from the same points. From the subject, if the matter under consideration be cruel, or heinous, or beyond expectation, or undeserved, or pitiable, or savouring of ingratitude or indignity, or unprecedented, or not admitting restitution or satisfaction. Fi^om those before whom we plead we may draw such considerations, as to procure their benevolence and good opinion; an object better attained in the course of pleading than by direct entreaty. This object indeed is to be kept in view throughout the whole oration, and especially in the conclusion; but many exordia, however, are wholly based upon it; for the Greeks recommend us to make the judge, at the very com- mencement, attentive and desirous of information ; and such hints are useful, but not more proper for the exordium than for other parts; but they are indeed easier^ to be observed in the beginning, because the audience are then most attentive, when they are in expectation of the whole affair, and they may also, in the commencement, be more easily informed, as the particulars stated in the outset are generally of greater perspicuity than those which are spoken by way of argument, or refutation, in the body of the pleading. But we shall derive the greatest abundance and variety of matter for exordia, either to conciliate or to arouse the judge, from those ^ Infrequentibus causis. Infrequens causa is a cause at the pleading of which few auditors are likely to attend. Ernesti. ^ Faciliora etiam in principiis. Ellendt justly observes that ettam must be corrupt, and that autem should probably be substituted for it. 318 DE ORATORE ; OR, [b. II. points in the cause which are adapted to create emotion in the mind ; yet the whole of these ought not to be brought for- ward in the exordium; the judge should only receive a slight impulse at the outset, so that the rest of our speech may come with full force upon him when he is already impressed in our favour. LXXX. ^' Let the exordium, also, be so connected with the sequel of the speech, that it may not appear, like a musi- cian's prelude, to be something attached merely from imagina- tion, but a coherent member of the whole body; for some speakers, when they have delivered their premeditated exor- dium, make such a transition to what is to follow, that they seem positively unwilling to have an audience. But a pro- lusion of that kind ought not to be like that of gladiators,^ who brandish spears before the fight, of which they make no use in the encounter; but should be such, that speakers may even use as weapons the thoughts which they advanced in the prelude. ^''But as to the directions which they give to consult brevity in the narration, if that is to be called brevity where there is no word redundant, the. language of Lucius Crassus is distinguished by brevity; but if that kind of brevity is intended, when only just so many words are used as are absolutely necessary, such conciseness is indeed sometimes proper; but it is often prejudicial, especially in narration; not only as it produces obscurity, but also because it destroys that which is the chief excellence of narration, that it be pleasing and adapted to persuade. For instance, the nar- rative. For he, as soon as he became of age, &c.^ how long is it ! The manners of the youth himself, the in- quiries of the servant, the death of Chrysis, the look, figure, and affliction of the sister, and the other circumstances, are told with the utmost variety and agreeableness. But if he had been studious of such brevity as this. She's carried forth ; we go ; we reach the place Of sepulture ; she's laid upon the pile, he might have comprised the whole in ten lines : although ^ Samnitium. A kind of gladiators so called, that fought with San> nite arms. They had their origin among the Campanians. Liv. ix. 40. 3 Terence, Andr. Act I. Sc. 1. C. LXXXI.] ON THE CHARACTER OF THE ORATOR. 319 ^ She's carried forth, we go/ is only so far concise, as to con- sult, not absolute brevity, but elegance; for if there had been nothing expressed but ' she's laid upon the pile,' the whole matter would have been easily comprehended. But a narration referring to various characters, and intersected by dialogue, affords much gratification ; and that becomes more probable which you report to have been done, when you describe the manner in which it was done; and it is much more clearly understood if you sometimes pause for that purpose, and do not hurry over it with affected brevity. For the narrative parts of a speech, as well as the other parts, ought to be perspicuous, and we ought to take the more pains with that part, because it is more difficult not to be obscure in stating a case, than either in an exordium, in argu- mentation, in refuting of an accusation, or in a peroration: and obscurity in this part of a speech is attended with greater danger than in other parts; both because, if anything be obscurely expressed in any other part, only that is lost which is so expressed; but obscurity in the narrative part spreads darkness over the whole speech ; and because, as to other parts, if you have expressed anything obscurely in one place, you may explain it more clearly in another ; while for the narrative part of a speech there is but one place. But your narrative will be clear, if it be given in ordinary language, with adherence to the order of time and without interruption. LXXXI. " But when we ought to introduce a statement of facts, and when we ought not, requires judicious consideration. For we ought to make no such statement, either if the matter is notorious, or if the circumstances are free from doubt, or if the adversary has related them, unless indeed we wish to confute his statement; and whenever we do make a statement of facts, let us not insist too eagerly upon points which may create suspicion and ill-feeling, and make against us, but let us extenuate such points as much as possible ; lest that should happen, which, whenever it occurs, Crassus thinks is done through treachery, not through folly, namely, that we damage our own cause; for it concerns the fortune of the whole cause, whether the case is stated with caution, or otherwise, because the statement of the case is the foundation of all the rest of the speech. " What follows is, that the matter in question be laid S50 DE ORATORE j OR, [b. II. down, when we must settle what is the point that comes under dispute ; then the chief grounds of the cause are to be laid down conjunctively, so as to weaken your adversary's sup- ports, and to strengthen your own ; for there is in causes but one method for that part of your speech, which is of efficacy to prove your arguments; and that needs both confirmation and refutation ; but because what is alleged on the other side cannot be refuted unless you confirm your own statements, and your own statements cannot be confirmed unless you refute the allegations on the opposite side, these matters are in consequence united both by their nature, by their object, and by their mode of treatment. The whole speech is then generally brought to a conclusion by some amplification on the different points, or by exciting or mollifying the judge; and every particular, not only in the former parts of the speech, but more especially towards the conclusion, is to be adapted to excite as much as possible the feelings of the judges, and to incline them in our favour. " Nor does there now appear to be any reason, indeed, why we should make a distinct head of those precepts which are given concerning suasory or panegyrical speeches; for most of them are common to all kinds of oratory ; yet, to speak in favour of any important matter, or against it, seems to me to belong only to the most dignified character; for it is the part of a wise man to deliver his opinion on momentous afiPairs, and that of a man of integrity and eloquence, to be* able to provide for others by his prudence, to confirm by his autho- rity, and to persuade by his language. LXXXII. '^ Speeches are to be made in the senate with less display ; for it is an assembly of wise men ; ^ and opportunity is to be left for many others to speak. All suspicion, too, of ostentation of ability is to be avoided. A speech to the people, on the other hand, requires all the force, weight, and various colouring of eloquence. For persuading, then, nothing is more desirable than worth; for he who thinks that expe- diency is more desirable, does not consider what the counsellor chiefly wishes, but what he prefers upon occasion to follow; and there is no man, especially in so noble a state as this, who does not think that worth ought chiefly to be regarded; ^ Samens enim est consilium. These words I regard as a scholium that has crept into the text. Ernesti, C. LXXXIII.] ON THE CHAEACTER OF THE ORATOR. 321 but expediency commonly prevails, there being a concealed fear, that even worth cannot be supported if expediency be dis- regarded. But the difference between the opinions of men lies either in this question, ' which of two things is of the greater utility?' or, if that point is agreed, it is disputed * whether honour or expediency ought rather to be consulted.' As these seem often to oppose each other, he who is an advocate for expediency, will enumerate the benefits of peace, of plenty, of power, of riches, of settled revenues, of troops in garrison, and of other things, the enjoyment of which we estimate by • their utility ; and he will specify the disadvantages of a con- trary state of things. He who exhorts his audience to regard honour, will collect examples from our ancestors, which may be imitated with glory, though attended with danger ; he will expatiate on immortal fame among posterity; he will main- tain that advantage arises from the observance of honour, and that it is always united with worth. But what is pos- sible, or impossible ; and what is necessary or unnecessary, are questions of the greatest moment in regard to both; for all debate is at an end, if it is understood that a thing is impossible, or if any necessity for it appears; and he who shows what the case is, when others have overlooked it, sees furthest of all. But for giviug counsel in civil affairs the chief qualification is a knowledge of the constitution; and, to speak on such matters so as to be approved, an ac- j quaintance with the manners of the people is required ; and, j as these frequently vary, the fashion of speaking must often ' be varied ; and, although the power of eloquence is mostly the same, yet, as the highest dignity is in the people, as the concerns of the republic are of the utmost importance, { and as the commotions of the multitude are of extraordinary violence, a more grand and imposing manner of addressing them seems necessary to be adopted; and the greatest part of a speech is to be devoted to the excitement of the feelings, ' either by exhortation, or the commemoration of some illus- I trious action, or by moving the people to hope, or to fear, or I to ambition, or desire of glory; and often also to dissuade them from temerity, from rage, from ardent expectation, from injustice, from envy, from cruelty. LXXXIII. " But it happens that, because a popular as- sembly appears to the orator to be his most enlarged scene of Y 322 DE ORATOEBj OR, [b. II. action/ he is naturally excited in it to a more magnificent species of eloquence ; for a multitude has such influence, that, as the flute-player cannot play without his flutes, so the orator cannot be eloquent without a numerous audience. And, as the inclinations of popular assemblies take many and various turns, an unfavourable expression of feeling from the whole people must not be incurred ; an expression which may be excited by some fault in the speech, if anything appears to have been spoken with harshness, with arrogance, in a base or mean manner, or with any improper feeling whatever; or it may proceed from some offence taken, or ill-will conceived, at some particular individuals, which is either just, or arising from some calumny or bad report ; or it may happen if the subject be displeasing; or if the multitude be swayed by any impulse from their own hopes or fears. To those four causes as many remedies may be applied: the severity of rebuke, if you have sufficient authority for it; admonition, which is a milder kind of rebuke ; an assurance, that if they will give you a hearing, they will approve what you say ; and entreaty, which is the most condescending method, but sometimes very advantageous. But on no occasion is facetiousness and ready wit ^ of more effect, and any smart saying that is consistent with dignity and true jocularity; for nothing is so easily diverted from gloom, and often from rancour, as a multitude, even by a single expression uttered opportunely, quickly, smartly, and with good humour. LXXXI V. " I have now stated to you generally, to the best of my abilities, what it is my practice, in both kinds of causes, to pursue, what to avoid, what to keep in view, and to what method I ordinarily adhere in my pleadings. Nor is that third kind, panegyric, which I in the commencement excluded, as it were, from my rules, attended with any dijBB.- culty ; but it was because there are many departments of ora- tory both of greater importance and power, concerning which hardly any author has given particular rules, and because we of this country are not accustomed to deal much in panegyric, ^ Quia maxima quasi oratoH scena videiur concionis. " Because the Sfreatesfc stage, as it were, for an orator, appears [tp be that] of a public 2 Celeritas. The same word is used in c. 6-k : hoc quod in celeritatt atque dicto est. Schutz conjectured hilaritas. C. LXXXIV.] ON THE CHARACTER OF THE ORATOR. 323 that I set this topic entirely apart. For the Greek authors themselves, who are the most worthy of being read, wrote their I panegyrics either for amusement, or to compliment some par- ticular person, rather than with any desire to promote forensic eloquence; and books of their composition are extant, in which ThemistocleSj Aristides, Agesilaus, Epaminondas, Philip, Alexander, and others, are the subjects of praise. Our lauda- tory speeches, which we deliver in the forum, have either the simple and unadorned brevity of testimony, or are written as funeral orations, which are by no means suitable for the pomp of panegyric. But as we must sometimes attempt that de- partment, and must occasionally write panegyrics, as Caius Lselius wrote one for Publius Tubero, when he wished to praise his uncle Africanus, and in order that we ourselves may be enabled to praise, after the manner of the Greeks, such persons as we may be inclined to praise, let that subject al&o form part of our discourse. It is clear, then, that some qualities in mankind are desirable, and some praiseworthy. . Firth, beauty, strength, power, riches, and other things which fortune bestows, either amid external circumstances, or as , personal endowments, carry with them no real praise, which is thought to be due to virtue alone ; but, as virtue itself be- comes chiefly conspicuous in the use and management of : such things, these endowments of nature and of fortune are I also to be considered in panegyrics ; in which it is mentioned ! as the highest praise for a person not to have been haughty in power, or insolent in wealth, or to have assumed a pre- I eminence over others from the abundance of the blessings of I fortune ; so that his riches and plenty seem to have afforded\ ; means and opportunities, not for the indulgence of pride and . vicious appetites, but for the cultivation of goodness and moderation. Virtue, too, which is of itself praiseworthy, and without which nothing can be deserving of praise, is dis- tinguished, however, into several species, some of which are more adapted to panegyric than others; for there are some virtues which are conspicuous in the manners of men, and consist in some degree m affability and beneficence ; and there are others which depend on some peculiar natural genius, or superior greatness and strength of mind. Clemency, justice, benignity, fidelity, fortitude in common dangers, ai-e subjects agreef»ble to the audience in panegvric ; (for all such virtues y2 324 DE ORATORE ; OR, [b. II. are thought beneficial, not so much to the persons who possess them, as to mankind in general;) while wisdom, and that greatness of soul by which all human affairs are regarded as mean and inconsiderable, eminent power of thought, and elo- quence itself, excite indeed no less admiration, but not equal dehght; for they appear to be an ornament and support rather to the persons themselves whom we commend, than to those before whom we commend them; yet, in panegyric, these two kinds of virtues must be united; for the ears of men tolerate the praises not only of those parts of virtue which are delightful and agreeable, but of those which excite admiration. LXXXY. '^ Since, also, there are certain offices and duties belonging to every kind of virtue, and since to each virtue its peculfar praise is due, it will be necessary to specify, in a panegyric on justice, what he who is praised performed with fidelity, or equanimity, or in accordance with any other moral duty. In other points, too, the praise of actions must be adapted to the nature, power, and name of the virtue under which they fall. The praise of those acts is heard with the greatest pleasure,' which appear to have been undertaken by men of spirit, without advantage or reward; but those which have been also attended with toil and danger to them- selves afford the largest scope for panegyric, because they may be set forth with the greatest ornaments of eloquence, and the account of them may be heard with the utmost satis- faction; for that appears the highest virtue in a man of eminence, which is beneficial to others, but attended with danger or toil, or at least without advantage, to himself. It is commonly regarded, too, as a great and admirable merit, to have borne adversity with wisdom, not to have been van- quished by fortune, and to have maintained dignity in the worst of circumstances. It is also an honour to a man that distinctions have been bestowed upon him, rewards decreed to his merit, and that his achievements have been approved by the judgment of mankind; and, on such subjects, to attri- bute success itself to the judgment of the immortal gods, is a part of panegyric. But such actions should be selected for praise as are either of extraordinary greatness, or unprece- dented novelty, or singular in their kind; for such as are trivial, or common, or ordinary, generally appear to deserve C. LXXXVI.] ON THE CHARACTER OF THE ORATOR. 325 no admiration or even commendation. A comparison also with other great men has a noble effect in panegyric. " On this species of eloquence I have felt inclined to say something more than I had proposed, not so much for the improvement of pleading in the forum, which has been kept in view by me through this whole discourse, as that you might see that, if panegyric be a part of the orator's business, — and nobody denies that it is, — a knowledge of all the virtues, without which panegyric cannot be composed, is necessary to the orator. As to the rules for censuring, it is clear that they are to be deduced from the vices contrary to these vir- tues; and it is also obvious, that neither can a good man be praised with propriety and copiousness of matter, without a knowledge of the several virtues, nor a bad man be stigma- tized and branded with sufficient distinction and asperity, ^ without a knowledge of the opposite vices. On these topics/' of panegyric and satire we must often touch in all kinds of causes. " You have now heard what I think about the invention and arrangement of matter. I shall add some observations on memory, with a view to lighten the labour of Crassus, and to leave nothing for him to discuss, but the art of embellish- ing those departments of eloquence which I have specified." LXXXVI. " Proceed," said Crassus ; " for I feel pleasure in seeing you appear as a professed artist, stripped of the disguises of dissimulation, and fairly exposed to view ; and, in leaving nothing for me to do or but little, you consult my con- venience, and confer a favour upon me." " How much I leave you to do," said Antonius, " will be in your own power; for if you are inclined to act fairly, I leave you everything to do ; but if you wish to shrink from any portion of your under- taking, you must consider how you can give this company satisfaction. But to return to the point ; I am not," he con- tinued, '^ possessed of such intellectual power as Themistocles had, that I had rather know the art of forgetfulness than that of memory; and I am grateful to the famous Simonides of Ceos, who, as people say, first invented an art of memory. For they relate, that when Simonides was at Crannon in Thessaly, at an entertainment given by Scopas, a man of rank and fortune, and had recited a poem which he had com- posed in his praise, in which, for the sake of embellishment. S26 DE ORATORE j OR, [b. IT. after the manner of the poets, there were many particulai s introduced concerning Castor and Pollux, Scopas told Si- monides, with extraordinary meanness, that he would pay him half the sum which he had agreed to give for the poem, and that he might ask the remainder, if he thought proper, from his Tyndaridae, to whom he had given an equal share of praise. A short time after, they say that a message was brought in to Simonides, to desire him to go out, as two youths were waiting at the gate who earnestly wished him to come forth to them; when he arose, went forth, and found nobody. In the meantime the apartment in which Scopas was feasting fell down, and he himself, and his company, were overwhelmed and buried in the ruins ; and when their friends were desirous to inter their remains, but could not possibly distinguish one from another, so much crushed were the bodies, Simonides is said, from his recollection of the place in which each had sat, to have given satisfactory directions for their interment. Admonished by this occurrence, he is re- ported to have discovered, that it is chiefly order that gives distinctness to memory; and that by those, therefore, who would improve this part of the understanding, certain places must be fixed upon, and that of the things which they desire to keep in memory, symbols must be conceived in the mind, and ranged, as it were, in those places ; thus the order of places would preserve the order of things, and the symbols of the things would denote the things themselves ; so that we should use the places as waxen tablets, and the symbols as letters. LXXXYII. " How great the benefit of memory is to the orator, how great the advantage, how great the power, what need is there for me to observe ? Why should I remark how ex- cellent a thing it is to retain the instructions which you have received with the cause, and the opinion which you have formed upon it? to keep all your thoughts upon it fixed in your mind, all your arrangement of language marked out there '? to listen to him from whom you receive any informa- tion, or to him to whom you have to reply, with such power of retention, that they seem not to have poured their dis- course into your ears, but to have engraven it on your mental tablet ? They alone, accordingly, who have a vigorous memory, know what, and how much, and in what manner they are about to speak ; to what they have replied, and what remains C. LXXXVII.] ON THE CHARACTER OF THE ORATOR. 327 unanswered ; and they also remember many courses that they have formerly adopted in other cases, and many which they have heard from others. I must, however, acknowledge that nature is the chief author of this qualification, as of all those of which I have previously spoken; (but this whole art of oratory, or image and resemblance of an art, has the power, not of engendering and producing anything entirely of itself, of which no part previously existed in our understandings, but of being able to give education and strength to what has been generated, and has had its birth there;) yet there is scarcely any one of so strong a memory as to retain the order of his language and thoughts without a previous arrangement - and observation of heads ; nor is any one of so weak a memory as not to receive assistance from this practice and exercise. For Simonides, or whoever else invented the art, wisely saw, that those things are the most strongly fixed in our minds, which are communicated to them, and imprinted upon them, by the senses ; that of all the senses that of seeing is the most acute ; and that, accordingly, those things are most easily retained in our minds which we have received from the hearing or the understanding, if they are also recommended to the imagination by means of the mental eye ; so that a kind of form, resemblance, and representation might denote invisible objects, and such as are in their nature withdrawn from the cognisance of the sight, in such a manner, that what we are scarcely capable of comprehending by thought we may retain as it were by the aid of the visual faculty. By these imaginary forms and objects, as by all those that come under OUT corporeal vision, our memory is admonished and excited ; but some place for them must be imagined ; as bodily shape cannot be conceived without a place for it. That I may not, then, be prolix and impertinent upon so well-known and common a subject, we must fancy many plain distinct places, at moderate distances; and such symbols as are impressive, striking, and well-marked, so that they may present them- selves to the mind, and act upon it with the greatest quickness. This faculty of artificial memory practice will affurd, (from which proceeds habit,) as well as the derivation of similar vords converted and altered in cases, or transferred from particulars to generals, and the idea of an entire sentence from the symbol of a single word, after the manner and method of 328 DE OKATORE ; OR, [b. II. any skilful painter, who distinguishes spaces by the variety of what he depicts. LXXXYIII. " But the memory of words, which, however, is less necessary for us,^ is to be distinguished by a greater variety of symbols; for there are many words which, like joints, connect the members of our speech, that cannot possibly be represented by anything similar to them ; and for these we must invent symbols that we may invariably use. The memory of things is the proper business of the orator; this we may be enabled to impress on ourselves by the creation of imaginary figures, aptly arranged, to represent particular heads, so that we may recollect thoughts by images, and their order by place. Nor is that true which is said by people un- skilled in this artifice, that the memory is oppressed by the weight of these representations, and that even obscured which unassisted nature might have clearly kept in view ; for I have seen men of consummate abilities, and an almost divine faculty of memory, as Charmadas at Athens, and Scepsius Metrodorus in Asia, who is said to be still living, each of whom used to say that, as he wrote with letters on wax, so he wrote with symbols as it were, whatever he wished to remember, on these places which he had conceived in imagination. Though, therefore, a memory cannot be entirely formed by this prac- tice, if there is none given by nature ; yet certainly, if there is latent natural faculty, it may be called forth. " You have now had a very long dissertation from a person whom I wish you may not esteem impudent, but who is cer- tainly not over-modest, in having spoken, so copiously as I have done, upon the art of eloquence, in your hearing, Catulus, and that of Lucius Crassus; for of the rest of the company the age might perhaps reasonably make less impres- sion upon me ; but you will certainly excuse me, if you but listen to the motive which impelled me to loquacity so unusual with me." LXXXIX. ^' We indeed," said Catulus, " (for I make this answer for my brother and myself,) not only excuse you, but feel love and great gratitude to you for what you have done ; and, as we acknowledge your pcliteness and good-nature, so we admire your learning and copious store of matter. Indeed I ^ Because words are at the command of the practised orator, and, when matter is supplied, easily occur. Ernesti, C. LXXXIX.] ON THE CHARACTER OF THE ORATOR. 329 think that I have reaped this benefit, that I am freed from a great mistake, and relieved from that astonishment which I used always to feel, in common with many others, as to the source from which that divine power of yours in pleading was derived; for I never imagined that you had even slightly touched upon those matters, of which I now perceive that you possess an exact knowledge, gathered from all quarters, and which, taught by experience, you have partly coiTCcted and partly approved. Nor have I now a less high opinion of your eloquence, while I have a far higher one of your general merit and diligence ; and I am pleased, at the same time, that my own judgment is confinned, inasmuch as I always laid it down as a maxim, that no man can attain a character for wisdom and eloquence without the greatest study, industry, and learning. But what was it that you meant, when you said that we should excuse you if we knew the motive which had impelled you to this discoui'se'? What other motive could there be but your inclination to oblige us, and to satisfy the desire of these young gentlemen, who have listened to you with the utmost attention ? " " I was desirous," replied Antonius, " to take away from Crassus every pretence for refusal, who would, I was sure, engage in such a kind of dissertation either a little too modestly, or too reluctantly, for I would not apply the word disdainfully to a man of his affability. But what excuse will he now be able to make 1 That he is a person of consular and censorial dignity 1 I might have made the same excuse. Will he plead his age 1 He is four years younger than I. Can he say that he is ignorant of these matters, of which I indeed have snatched some knowledge late in life, cur- sorily, and, as people say, at spare times, while he has applied to them from his youth with the most diligent study, under the most able masters 1 I will say nothing of his genius, in which no man was ever his equal ; for no one that hears me speak, has so contemptible an opinion of himself, as not to hope to speak better, or at least as well; but while Crassus is speaking, no one is so conceited as to have the presumption to think that he shall ever speak like him. Lest persons, therefore, of so much dignity as the present company, should have come to you in vain, let us at length, Crassus, hear you speak." 330 DE OKATORE j OR, [b. II XC. *' If I should grant you, Antonius," replied Crassus, " that these things are so, which however are far otherwise, what have you left for me this day, or for any man, that he can possibly say? For I will speak, my dearest friends, what I really think : I have often heard men of learning, (why do I say often? I should rather say sometimes ; for how could I have that opportunity often, when I entered the forum quite a youth, and was never absent from it longer than during my quaestorship ?) but I have heard, as I said yester- day, both while I was at Athens, men of the greatest learning, and in Asia that famous rhetorician Scepsius Metrodorus, discoursing upon these very subjects ; but no one of them ever appeared to me to have engaged in such a dissertation with greater extent of knowledge, or greater penetration, than our friend has shown to-day ; but if it were otherwise, and if I thought anything had been omitted by Antonius, I should not be so unpolite, nay so almost churlish, as to think that a trouble which I perceived to be your desire." ^^ Have you then forgotten, Crassus," said Sulpicius, " that Antonius made such a division with you, that he should explain the equipment and implements of the orator, and leave it to you to speak of decoration and embellishment ? " " In the first place," rejoined Crassus, " who gave Antonius leave either to make such a partition, or to choose first that part which he liked best ? In the next, if I rightly comprehended what I heard with the utmost pleasure, he seemed to me to treat of both these matters in conjunction." " But," observed Cotta, " he said nothing of the embellishments of language, or on that excellence from which eloquence derives its very name." " Antonius then," said Crassus, " left me nothing but words, and took the substance for himself." " Well," remarked Csesar, " if he has left you the more difficult part, we have reason to desire to hear you; if that which is the easier, you have no reason to refuse." " And in regard to what you said, Crassus," interposed Catulus, *^ that if we would stay and pass the day with you here, you would comply with our wishes, do you not think it binding on your honour?" Cotta then smiled, and said, *^ I might, Crassus, excuse you ; but take care that Catulus has not made it a matter of religious faith ; it is a point for the censor's cognisance ; and you see how disgraceful it would be for a person of censorial C. J.] ON THE CHARACTER OF THE ORATOR. 331 dignity^ to render himself obnoxious to such censure." " Do as you please, then," rephed Crassus ; " but for the present, as it is time, I think we must rise, and take some repose ; in the afternoon, if it is then agreeable to you, I will say something on these points, unless perchance you may wish to put me off till to-morrow." They all replied that they were ready to hear him either at once, or in the afternoon if he preferred; as soon however as possible. BOOK III. THE ARGUMENT. Cicero, in the introduction to this book, laments the sad deaths of Crassus and Antonius. He then proceeds to relate Crassus's further remarks on eloquence, and especially on style and delivery, in which he was thought to excel all other speakers. See Cic. de Clar. Orat. G. 38. He shows that an orator should speak correctly, perspicuously, elegantly, and to the purpose. Style is to be ornamented by a taste- ful choice of words, and by tropes and figures ; and it must have a certain rhythm or harmony. Some observations are added on action and delivery in general. In c. 14 a digression is made on the praises of eloquence, and the combination of a knowledge of philosophy, especially the Academic and Peripatetic, with the study of it. I. When I proceeded to execute my design, brother Quintus, of relating and committing to writing in this third book, the remarks which Crassus made after the dissertation of An- tonius, bitter remembrance renewed in my mind its former concern and regret; for the genius worthy of immortality, the learning, the virtue that were in Lucius Crassus, were all extinguished by sudden death, within ten days from the day which is comprised in this and the former book. When he returned to Rome on the last day of the theatrical enter- tainments,^ he was put into a violent emotion by that oration which was reported to have been delivered in an assembly of the people by Philippus, who, it was agreed, had declared, " that he must look for another council, as he could not ^ A man who has been censor, as you have been. Proust, ^ Which accompanied the pubhc games. Compare i. 7^ 332 DE ORATOKE ; OR, [b. III. carry on the government with such a senate;" and on the morning of the thirteenth of September, both Crassus and a full senate came into the house on the call of Drusus. There, when Drusus had made many complaints against Philippus, he brought formally before the senate the fact that the consul had thrown such grievous obloquy on that order, in his speech to the people. Here, as I have often heard it unanimously said by men of the greatest judgment, although indeed it continually happened to Crassus, whenever he had delivered a speech more exquisite than ordinary, that he was always thought never to have spoken better, yet by universal consent it was then determined, that all other orators had always been excelled by Crassus, but that on that day he had been excelled by himself; for he deplored the misfortune and unsupported condition of the senate; an order whose heredi- tary dignity was then being torn from it by a consul, as by some lawless ruffian, a consul whose duty it was to act the part of a good parent or trusty guardian towards it ; but said that it was not surprising, if, after he had ruined the com- monwealth by his own counsels, he should divorce the coun- sels of the senate from the commonwealth. When he had applied these expressions, which were like firebrands, to Phi- lippus, who was a man of violence, as well as of eloquence, and of the utmost vigour to resist opposition, he could not restrain himself, but burst forth into a furious flame, and resolved to bind Crassus to good behaviour, by forfeiting his securities.^ On that occasion, many things are reported to have been uttered by Crassus with a sort of divine sublimity, refusing to acknowledge as a consul him who would not allow him to possess the senatorial dignity : Do you, said he, who, when you thought the general authority of the whole senatorial order entrusted to you as a pledge, yet perfidiously anmdled it in the view of the Roman people, imagine that I can he terrified hy such petty forfeitures as those ? It is not such pledges that are to he forfeited, if you would bind Lucius Crassus to silence; for that purpose you must cut out this tongue; and even if it ^ Pignorihus ablatis. The senators and otliers were obliged to attend the senate when they were summoned, and to be submissive to the - superior magistrates, or they might be punished by fine and distraint of their property. See Livy, iii. 38 ; xliii. 16; Plin. Ep. iv. 29; Cic Phil. i. 5; Suet. Jul. c. 17; Adams Koman Antiquities, p. 2. C II.] ON THE CHARACTER OF THE ORATOR. 333 he torn out, the freedom in my very breath will confound your audacity. II. It appeared that a multitude of other expressions were then uttered by him with the most vehement efforts of mind, thought, and spirits; and that that resolution of his, which the senate adopted in a full house, was proposed by him with the utmost magnificence and dignity of language, That the counsel and fidelity of the senate had never been v)anting to the commonwealth, in order to do justice to the Roman people; and he was present (as appears from the names entered in the register) at the recording of the resolution. This however was the last swan-like note and speech of that divine orator; and, as if expecting to hear it again, we used, after his death, to go into the senate-house, that we might contemplate the spot on which he had last stood to speak; for we heard that he was seized at the time with a pain in his side while he was speaking, and that a copious perspiration folloAved; after which he was struck with a chillness, and, returning home in a fever, died the seventh day after of pleurisy. how fallacious are the hopes of mortals, how frail is our condition, and how insignificant all our ambitious efforts, which are often broken and thrown down in the middle of their course, and over- whelmed as it were in their voyage, even before they gain a sight of the harbour! For as long as the life of Crassus was perplexed with the toils of ambition, so long was he more distinguished for the performance of private duties, and the praises due to his genius, than for any benefit that he reaped from his greatness, or for the dignified rank which he bore in the republic ; but the first year which, after a dis- charge of all the honourable offices of the state, opened to him the entrance to supreme authority by universal consent, overthrew all his hopes, and all his future schemes of life, by death. This was a melancholy occurrence to his friends, a grievous calamity to his country, and a heavy affliction to all the virtuous part of mankind; but such misfortunes after- wards fell upon the commonwealth, that life does not appear to me to have been taken away from Lucius Crassus by the immortal gods as a privation, but death to have been bestowed on him as a blessing. He did not live to behold Italy blazing with war, or the senate overwhelmed with popular odium, or the leading men of the state accused of 334 DE ORATORE ; OR [b. III. the most heinous crhnes, or the affliction of his daughter, or the banishment of his son-at-law/ or tiie most calami- tous flight of Caius Marius, or that most atrocious of all slaughters after his return, or, finally, that republic in every way disgraced, in which, while it continued most flourishing, he had by far the pre-eminence over all other men in glory. Ill, But led away as I am by my reflections to touch upon the power and vicissitudes of fortune, my observations shall not expatiate too widely, but shall be confined almost to the very personages who are contained in this dialogue, which I have begun to detail. For who would not call the death of Lucius Crassus, which has been so often lamented by multitudes, a happy one, when he calls to mind the fate of those very persons who were almost the last that held dis- course with him? For we ourselves remember, that Quintus Catulus, a man distinguished for almost every species ot merit, when he entreated, not the security of his fortunes, but retreat into exile, was reduced to deprive himself of life. It was then, too, that that illustrious head of Marcus Antonius, by whom the lives of so many citizens had been preserved, was fixed upon the very rostra on which he had so strenuously defended the republic when consul, and which he had adorned with imperial trophies when censor. Not far from his was exposed the head of Caius Julius, (who was betrayed by his Tuscan host,) with that of Lucius Julius his brother ; so that he who did not behold such atrocities may justly be thought to have prolonged his life during the existence of the consti- tution, and to have expired together with it. He neither beheld his near relation, Publius Crassus, a man of the greatest magnanimity, slain by his own hand, nor saw the image of Vesta sprinkled with the blood of the pontifex, his colleague ; and (such were his feelings towards his country) even the cruel death of Caius Carbo, his greatest enemy, that occurred on the same day, would have caused additional grief to him. He did not behold the horrible and miserable fate of those young men who had devoted themselves to him; of whom Caius Cotta, whom he had left in a promising condition, was expelled, through popular prejudice, from his office of ^ His daughter Licinia was married to Publius Scipio, the grandson of Serap ion, who was instrumental in the death of Tiberius Gracchus Cic. Brut. 58. FAlendU C. IV.] ox THE CHARACTER OF THE ORATOR. 335 tribune, a few days after the death of Crassus, and, not many months afterwards, driven from the city. And Sulpicius, who had been involved in the same popular fury, attempted in his tribuneship to spoil of all their honours those with whom, as a private individual, he had lived in the greatest fami- liarity; but w^hen he was shooting forth into the highest glory of eloquence, his life was taken from him by the sword, and punishment was inflicted on his rashness, not without great damage to the republic. I am indeed of opinion that you, Crassus, received as well your birth as your death from the peculiar appointment of divine providence, both on account of the distinction of your life and the season of your death ; for, in accordance with your virtue and firmness of mind, you must either have submitted to the cruelty of civil slaughter; or if any fortune had rescued you from so barbarous a death, the same fortune would have compelled you to be a spectator of the ruins of your country ; and not only the dominion of ill- designing men, but even the victory of the honourable party, w^ould, on account of the civil massacres intermingled with it, have been an affliction to you. IV. Indeed, when I reflect, brother Quintus, upon the calamities of these great men, (whose fates I have just men- tioned,) and those which we ourselves have felt and experienced from our extraordinary and eminent love for our country, year opinions appear to me to be founded on justice and wisdom, as you have always, on account of such numerous, such violent, and such sudden afflictions as have happened to the most illustrious and virtuous men, dissuaded me from all civil contention and strife. But, because we cannot put aflairs into the same state as if nothing had occurred, and because our extreme toils are compensated and miti- gated by great glory, let us apply ourselves to those con- solations, which are not only pleasant to us when troubles have subsided, but may also be salutary while they con- tinue ; let us deliver as a memorial to posterity the remain- ing and almost the last discourse of Lucius Crassus; and let us express the gratitude to him which he so justly merited, although in terms by no means equal to his genius, yet to the best of our endeavours; for there is not any of us, when he reads the admirably written dialogues of Plato, in almost all of which the character of Socrates is represented, who 336 DE ORATOEE ; OR, [b. III. does not, though what is written of him is written in a diving spirit, conceive something still greater of him about whom ii is written : and it is also my request, not indeed to jou, my brother, who attribute to me perfection in all things, but to others who shall take this treatise into their hands, that they would entertain a nobler conception of Lucius Crassus than any that is expressed by me. For I, who was not present at this dialogue, and to whom Caius Cotta communi- cated only the topics and heads of the dissertation, have en- deavoured to shadow forth in the conversation of the speakers those peculiar styles of oratory, in which I knew that each of them was conspicuous. But if any person shall be induced by the common opinion, to think either that Antonius was more jejune, or Crassus more exuberant in style, than they have been respectively described by me, he will be among the number of those who- either never heard these great men, or who have not abilities to judge; for each of them was (as I have explained before) superior to all other speakers, in appli- cation, and genius, and learning, as well as excellent in his particular style, so that embellishment in language was not wanting in Antonius, nor redundant in Crassus. Y. As soon therefore as they had withdrawn before noon, . and reposed themselves a little, Cotta said that he particularly observed that Crassus employed all the time about the middle of the day in the most earnest and profound meditation ; and that he himself, who was well acquainted with the coimte- nance which he assumed whenever he was going to speak in public, and the nature of his looks when he was fixed in con- templation, and had often remarked them in causes of the greatest importance, came on purpose, while the rest were asleep, into the room in which Crassus had lain down on a couch prepared for him, and that, as soon as he perceived him to be settled in a thoughtful posture, he immediately retired ; and that almost two hours passed in that perfect stillness. Afterwards, when they all, as the day was new verging to the afternoon, waited upon Crassus, Caesar said, " Well, Crassus, shall we go and take our seats? though we only come to put you in mind of your promise, and not to demand the performance of it." Crassus then replied, '^ Do you imagine that I have the assurance to think that I can continue longer indebted to such friends as you, especially in -4 5.- C. VI.] ON THE CHARACTER OF THE ORATOR. 337 an obligation of this nature?" "What place then will suit you?" said Caesar; "a seat in the middle of the wood, for that is the most shady and cool?" "Very well/' replied Crassus, "for there is in that spot a seat not at all unsuited for this discourse of ours." This arrangement being agreeable to the rest of the company, they went into the wood, and sat down there with the most earnest desire to listen. Crassus then said, " Not only the influence of your autho- rity and friendship, but also the ready compliance of Antonius, have taken from me all liberty of refusal, though I had an excellent pretext for refusing. In the partition, however, of this dissertation between us, Antonius, when he assumed to himself the part of speaking upon those matters which form the subject of the orator's speech, and left to me to explain how they should be embellished, divided things which are in their nature incapable of separation; for as every speech consists of the matter and the language, the language can have no place if you take away the matter, nor the matter receive any illustration if you take away the lan- guage. Indeed, the great men of antiquity, embracing some- thing of superior magnificence in their ideas, appear to me to have seen further into the nature of things than the visual faculties of our minds can penetrate; as they said that all these things, above and below, formed one system, and were linked together in strict union by one and the same power, and one principle of universal harmony in nature ; for there \ is no order of things which can either of itself, if forcibly separated from the rest, preserve a permanent existence, or without which the rest can maintain their power and eternal duration. YI. " But, if this reasoning appear to be too comprehensive to be embraced by human sense and understanding, yet that saying of Plato is true, and certainly not unknown to you, Catulus, ' that all the leai'uing of these liberal and polite de- .partments of knowledge is linked together in one bond of union; for when the power of that reason, by which the causes and events of things are known, is once thoroughly discerned, a cer- tain wonderful gtgreement and harmony, as it were, in all the sciences is discovered.' But, if this also appear to be too sublime a thought for us to contemplate who are prostrate on the earth, it, however, certainly is our duty to know and remember 338 DS ORATORE ; OR, [b. III. ! that which we have embraced, which we profess, which we have taken upon ourselves. Since eloquence, as I observed yesterday, and Antonius signified in some passages of his dis- course this morning, is one and the same, into whatever tracts or regions of debate it may be carried : for whether it dis- courses concerning the nature of the heavens or of the earth, — whether of divine or human power, — whether it speaks from a lower, or an equal, or a superior place, — whether to impel an audience, or to instruct, or to deter, or to incite, or to dissuade, or to inflame, or to soothe, — whether to a small i or to a large assembly, — whether to strangers, to friends, or \ alone, — its language is derived through different channels, not from different sources ; and, wherever it directs its course, it is attended with the same equipment and decoration. But since we are overwhelmed by opinions, not only those of the vulgar, but those also of men imperfectly instructed, who treat of those things more easily when divided and torn asunder which they have not capacity to comprehend in a general view, and who sever the language from the thoughts like the body from the soul, neither of which separations can be made without destruction, I will not undertake in this discourse more than that which is imposed upon me; I will only signify briefly, that neither can embellishments of language be found without arrangement and expression of thoughts, nor can thoughts be made to shine without the light of language. But before I proceed to touch upon those particulars by which I think language is beautified and illumined, I will state briefly what I think concerning elo- quence in general. yil. " There is no one of the natural senses, in my opinion, which does not include under its general compre- hension many things dissimilar one to another, but which are still thought deserving of similar approbation; for we both perceive many things by the ear, which, although they all charm us with their sounds, are yet often so various in them- selves, that that which we hear last appears to be the most delightful; and almost innumerable pleasures are received by the eye, which all captivate us in such a manner as to delight the same sense in different ways; and pleasures that bear no sort of resemblance to each other charm the rest of the senses in such a manner that it is difficult to ^ C. VIII.] ON THE CHARACTER OF THE ORATOR. 339 determine which affords the most exquisite enjoyment. But the same observation which is to be made in regard to nature may be appUed also to the different kinds of art. Sculpture is a single art, in which Myro, Polycletus, and Lysippus excelled ; all of whom differed one from another, but so that you would not wish any one of them to be unlike himself The art and science of painting is one^ yet Zeuxis^ Aglaophon, and Apelles are quite unlike one another in themselves, though to none of them does anything seem wanting in his peculiar style. And if this be wonderful, and yet true, in these, as it were, mute arts, how much more wonderful is it in language and speech ? w^hich, though employed about the same thoughts and words, yet admits of the greatest varia- tions; and not so that some speakers are to be censured and others commended, but that those who are allowed to merit praise, merit it for different excellences. This is fully exem- plified in poets, who have the nearest affinity to orators : how distinct from each other are Ennius, Pacuvius, and Accius; how distinct, among the Greeks, ^^schylus, Sophocles, and Euripides; though almost equal praise may be attributed to them all in different kinds of writing. Then, behold and contemplate those whose art is the subject of our present ; inquiry ; what a wide distinction there is between the ac- complishments and natural abilities of orators ! Isocrates j possessed sweetness, Lysias delicacy, Hyperides pointedness, ! iEschines sound, and Demosthenes energy ; and which of them was not excellent ? yet which of them resembled any one but himself? Africanus had w^eight, Laelius smoothness, ! Galba asperity, Carbo something of fluency and harmony; but which of these was not an orator of the first rank in , those times 1 and yet every one attained that rank by a style \ of oratory peculiar to himself ' VIIL " But why should I search into antiquity for exam- I pies, when I can point to present and living characters 1 : What was ever more pleasing to the ear than the language of I our friend Catulus ? language of such purity, that he appears to be almost the only orator that speaks pure Latin; and of 1 such power, that with its peculiar dignity there is yet blended the utmost politeness and wit. In a word, when I hear him, I '^ always think that whatever you should add, or alter, or take / I *way, his languaire would be impaired and deteriorated. Has/ ' ' z2 340 DE ORATORE ; OR, [b. III. not our friend Csesar here, too, introduced a new kind of oratory, and brought before us an almost peculiar style of eloquence ? Who has ever, besides him, treated tragical subjects in an almost comic manner, serious subjects with pleasantry, grave subjects with gaiety, and s^^bjects suited to the forum with a grace peculiar to the stage i in such a way ^^.at neither is the jocular style excluded by i-i 3 importance ot the subject, nor is the weight of the matter lessened by the humour with which it is treated. Here are present with us two young men, almost of equal age, Sulpicius and Cotta ; what things were ever so dissimilar as they are one to another? yet what is so excellent as they are in their respective styles ? One is polished and refined, explaining things with the greatest pro- priety and aptitude of expression; he always adheres to his cause, and, when he has discovered, with his keen discern- ment, what he ought to prove to the judge, he directs his whole attention and force of oratory to that point, without regarding other arguments; while Sulpicius has a certain irresistible energy of mind, a most full and powerful voice, a most vigorous action, and consummate dignity of motion, united with such weight and copiousness of language, that he j appears of all men the best qualified by nature for eloquence. IX. '^ I now return to ourselves ; (because there has ever been such a comparison made between us, that we are brought, as it were, into judgment on account of rivalship, in the common conv orsation of mankind;) what two things can be more dissimilar than Antonius's manner of speaking and my own *? though he is such an orator that no one can possibly surpass him; and I, though I am altogether dissatisfied with myself, am yet in preference to others admitted to a com- parison with him. Do you notice what the manner of Anto- nius is 1 It is bold, vehement, full of energy and action, fortified and guarded on every point of the cause, spirited, acute, explicit, dwelling upon every circumstance, retiring with honour, pursuing with eagerness, terrifying, supplicating, exhibiting the greatest variety of language, yet without satiety to the ear; but as to myself, whatever I am as a speaker (since I appear to you to hold some place among speakers), I certainly difi'er very greatly from his style. What my talents are it becomes not me to say, because every one is least known to himself, and it is extremely difficult for any person ex.] ON THE CHARACTER OF THE ORATOR. 341 to form a judgment of his own capacity; but the dissimilitude may be easily perceived, both from the mediocrity of my action, and from the circumstance that I usually conclude in the same track in which I first set out; and that labour and care in choosing words causes me greater anxiety than choice of matter, being afraid that if my language should be a little obsolete, it may appear unworthy of the expecta- tion and silent attention of the audience. But if in us who are present there are such remarkable dissimilitudes, such decided peculiarities in each of us, and in all this variety the better is distinguished from the worse by difference in ability rather than by difference in kind, and everything is praise- w^orthy that is perfect in its nature, what do you imagine must be the case if w^e should take into consideration all the orators that anywhere exist, or ever existed 1 Would it not happen that almost as many kinds of eloquence as of orators would be found ? But from this observation of mine, it may perhaps occur to you, that if there be almost innumerable varieties and characters of eloquence, dissimilar in species, yet laudable in their kind, things of so diversified a nature can never be formed into an art by the same precepts and one single method of instruction. This is not the case ; and it is to be attentively considered by those who have the con- duct and education of others, in what direction the natural genius of each seems principally to incline him. For we see that from the same schools of artists and masters, eminent in their respective pursuits, there have gone forth pupils very unlike each other, yet all praiseworthy, because the instruc- tion of the teacher has been adapted to each person's natural genius; a fact of which the most remarkable' example (to say nothing of other sciences) is that saying of Isocrates, an eminent teacher of eloquence, that he used to apply the spur to Ephorus, but to put the rein on Theopompus; for the one,\ who overleaped all bounds in the boldness of his expressions, 1 he restrained; the other, who hesitated and was bashful, as it were, he stimulated : nor did he produce in them any resemblance to each other, but gave to the one such an addi- tion, and retrenched from the other so much superfluity, as to form in both that excellence of which the natural genius of each was susceptible. X. ^^ I thought it necessary to premise these ^particulars. 342 DE ORATORE ; OR, [b. III. that if every remark of mine did not exactly adapt itself to the inclinations of you all, and to that peculiar style of speak- ing which each of you most admired, you might be sensible that I described that character of eloquence of which I myself most approved. " Those matters, therefore, of which Antonius has treated so explicitly, are to be endowed with action and elocution by the orator in some certain manner. What manner of elocu- tion can be better (for I will consider action by-and-by) than ^ that of speaking in pure Latin, with perspicuity, with grace- • fulness, and with aptitude and congruity to the subject in question ? Of the two which I mentioned first, purity and clearness of language, I do not suppose that any account is expected from me ; for we do not attempt to teach him to be an orator who cannot speak ; nor can we hope that he who cannot speak grammatical Latin will speak elegantly; nor that he who cannot speak ^vhat we can understand, will ever speak anything for us to admire. Let us, therefore, omit these matters, which are easy of attainment, though necessary in practice ; for the one is taught in school-learning and the rudiments of children; the other ^ is cultivated for this reason, that what every person says may be understood, — a qualifica- tion which we perceive indeed to be necessary, yet that none can be held in less estimation.^ But all elegance of lan- guage, though it receive a polish fi'om the science of grammar, is yet augmented by the reading of orators and poets ; for those ancients, who could not then adorn what they expressed, had almost all a kind of nobleness of diction; and those who are accustomed to their style cannot express themselves otherwise than in pure Latin, even though they desire to do so. Yet we must not make use of such of their words as our modern mode of speaking does not admit, unless sometimes for the sake of ornament, and but sparingly, as I shall ex- plain; but he who is studious and much conversant with ancient writers, will make such use of common expressions as always to adopt the most eligible. XI. ^' In order to speak pure Latin, we must take care not only to use words with which nobody can justly find fault, ^ Perspicuity. 2 This seems to be speaking rather too lightly of the merit of perspicuity, which Quintilian pronounces the chief virtue of language. C. XI.] ON THE CHARACTER OF THE ORATOR. 343 and preserve the construction by proper cases, and tenses, and genders, and numbers, so that there may be nothing con- fused, or incongruous, or preposterous; but also that the tongue, and the breath, and the tone of the voice come under proper regulation. I would not have letters sounded with too much affectation, or uttered imperfectly through negli- gence; I would not have the words dropped out without expression or spirit ; I would not have them puffed and, as it were, panted forth, with a difficulty of breathing; for I do not as yet speak of those things relating to the voice which belong to oratorical delivery, but merely of that which seems to me to concern pronunciation. For there are certain faults which every one is desirous to avoid, as a too delicate and effeminate tone of voice, or one that is extravagantly harsh and grating. There is also a fault which some industriously strive to attain; a rustic and rough pronunciation is agree- able to some, that their language, if it has that tone, may seem to partake more of antiquity; as Lucius Cotta, an ac- quaintance of yours, Catulus, appears to me to take a delight in the broadness of his speech and the rough sound of his voice, and thinks that what he says will savour of the antique if it certainly savour of rusticity. But your harmony and sweetness delight me ; I do not refer to the harmony of your words, which is a principal point, but one which method in- troduces, learning teaches, practice in reading and speaking confirms ; but I mean the mere sweetness of pronunciation, which, as among the Greeks it was peculiar to the Athenians, so in the Latin tongue is chiefly remarkable in this city. At I Athens, learning among the Athenians themselves has long I been entirely neglected ; there remains in that city only the , seat of the studies which the citizens do not cultivate, but which foreigners enjoy, being captivated in a manner with the very name and authority of the place ; yet any illiterate Athenian will easily surpass the most learned Asiatics,-^ not in his language, but in sweetness of tone, not so much in speak- ing well as in speaking agreeably. Our citizens^ pay less* attention to letters than the people of Latium, yet among all the people that you know in the city, who have the least ^ The Asiatic Greeks. 2 Those who are bom at Rome apply themselves to the liberal f sciences less than the rest of the people of Latium. Proust. 344 DE ORATOREj OR, [e III. tincture of literature, there is not one who would not have a manifest advantage over Quintus Valerius of Sora,^ the most learned of all the Latins, in softness of voice, in conformation of the mouth, and in the general tone of pronunciation. XII. " As there is a certain tone of voice, therefore, peculiar to the Roman people and city, in which nothing can offend, or displease, nothing can be liable to animadversion, nothing sound or savour of what is foreign, let us cultivate that tone, ■ and learn to avoid not only the asperity of rustic but the strangeness of outlandish pronunciation. Indeed when I listen to my wife's mother, Lselia,^ (for women more easily preserve the ancient language unaltered, because, not having experience of the conversation of a multitude of people, they always retain what they originally learned,) I hear her with such attention that I imagine myself listening to Plant us or Nsevius ; she has a tone of voice so unaffected and simple, that it seems to carry in it nothing of ostentation or imitation ; from whence I judge that her father and forefathers spoke in like manner ; not with a rough tone, as he whom I mentioned, nor with one broad, or rustic, or too open, but with one that was close and equable and smooth. Our friend Gotta, there- fore, whose broad manner of speaking you, Sulpicius, some- times imitate, so as to drop the letter I and pronounce E as full as possible, does not seem to me to resemble the ancient orators, but the modern farmers." As Sulpicius laughed at this, " I will act with you," said Crassus, " in such a manner, that, as you oblige me to speak, you shall hear something of your own faults." '' I wish we may," replied Sulpicius, " for that is what we desire; and if you do so, we shall to-day, I fancy, throw off many of our inelegances." " But," said Crassus, " I cannot censure you, Sulpicius, without being in danger of censure myself; since Antonius has declared that he thinks you very similar to me."^ " But," rejoined Sulpicius, ^^ as Antonius also recommended us to imitate those things which were most conspicuous in any one,^ I am afraid in con- sequence that I may have copied nothing from you but the stamping of your foot, and a few particular expressions, and * See Brut. c. 46. 2 The daughter of Caius Laelius Sapiens, who was married to Quintus Mucins Scaevola, the augur. See Brut. c. 58 ; Quint, i. 1, 6. Ellendt, 3 See ii. 21; Brut. c. 5^. * See ii. 22. C. XIII.] ON THE CHARACTER OF THE ORATOR. 345 perhaps something of your action." " With what you have caught from me, then," said Crassus, ^^ I find no fault, lest I should ridicule myself; (but there are many more and greater faults of mine than you mention j) of faults, however, which are evidently your own, or taken by imitation from any third person, I shall admonish you whenever opportunity may remind me of them. XIII. '' Let us therefore pass over the rules for speaking the Latin tongue in its purity; which the teaching given to children conveys, which refined knowledge and method in study, or the habit of daily and domestic conversation cherishes, and which books and the reading of the ancient orators and poets confirm. Nor let us dwell long upon that other point, so as to discuss by what means we may succeed in making what we say understood ; an object which we shall doubtless effect by speaking good Latin, adopting words in common use, and such as aptly express what we wish to communicate or explain, without any ambiguous word or phrase, not making our sentences too long, not making such observations as are drawn from other subjects, for the sake of comparison, too prolix; avoiding all incoherency of thought, reversion of the order of time, all confusion of persons, all irregularity of arrangement whatever. In short, the whole matter is so easy, that it often appears astonishing to me, that what the advocate would express should be more difficult to understand, than he who employs the advocate w^ould be, if he were to speak on his own business ; for the persons them- selves who bring cases to us, give us in general such instruc- tions, that you would not desire anything to be delivered in a plainer manner; but as soon as Fufius, or your equal in age Pomponius,^ proceeds to plead those cases, I do not find them equally intelligible, unless I give an extraordinary degree of attention; their speech is so confused pvud ill arranged that there is nothing first, and nothing second; there is such a jumble of strange words, that language, which ought to throw a light upon things, involves them in obscmity and darkness; and the speakers, in what they say, seem in a manner to contradict themselves. But, if it is agreeable, since I think that these topics must appear troublesome and distasteful, at least to you of a more advanced age,"^ let us ^ See i. 39 ; Brut. c. 57, 62, 90. EllendU ^ Antonius and Catulus. 346 DE ORATORE ; OR, [b. III. proceed to other matters which may prove still more unsatis- factory, "i XIV. " You see," said Antonius, " how inattentive we are, and how unwillingly we listen to you,^ when we might be in- duced (I judge from myself) to neglect all other concerns to follow you and give you our attention ; so elegant are your remarks upon unpleasing, so copious upon barren, so new upon common subjects." " Those two parts indeed, Antonius," continued Crassus, "which I have just run over, or rather have almost passed by, that of speaking in pure Latin, and with perspicuity, were easy to treat ; those which remain are important, intricate, diversified, weighty, on which depends all the admiration bestowed upon ability and all the praise given to eloquence; for nobody ever admired an orator for merely speaking good Latin ; if he speaks otherwise, they ridicule him ; and not only do not think him an orator, but not even a man. Nor has any one ever extolled a speaker for merely speaking in such a manner that those who were present understood what he said; though every one has despised him who was not able to do so. Whom then do men regard with awe? What speaker do they behold with astonishment 1 At whom do they utter exclamations'? Whom do they consider as a deity, if I may use the expression, amongst mortals'? Him who speaks distinctly, explicitly, copiously, and luminously, both as to matter and words ; who produces in his language a sort of rhythm and harmony ; who speaks, as I call it, grace- fully. Those also who treat their subject as the importance of things and persons requires, are to be commended for that peculiar kind of merit, which I term aptitude and congruity. Antonius said that he had never seen any who. spoke in such a manner, and observed that to such only was to be attri- buted the distinguishing title of eloquence. On my authority, therefore, deride and despise all those who imagine that from the precepts of such as are now called rhetoricians they have gained all the powers of oratory, and have not yet been able to understand what character they hold, or what they profess ; for indeed, by an orator everything that relates to human life, since that is the field on which his abilities are displayed, and is the subject for his eloquence, should be ex- ' Odiosiora. Auditoribus odiosiora, Schutz. ^ Ironicallv C. XV.] ox THE CHARACTER OF THE ORATOR. 347 amined, heard, read, discussed, handled, and considered ; since eloquence is one of the most eminent virtues ; and though all the virtues are in their nature equal and alike, yet one species is more beautiful and noble than another ; as is this power, which, comprehending a knowledge of things, expresses the thoughts and purposes of the mind in such a manner, that it can impel the audience whithersoever it inclines its force ; and, the greater is its influence, the more necessary it is that it should be united with probity and eminent judgment ; for if we bestow the faculty of eloquence upon persons destitute of these virtues, we shall not make them orators, but give arms to madmen. XV. *^ This faculty, I say, of thinking and speaking, this power of eloquence, the ancient Greeks denominated wisdom. Hence the Lycurgi, the Pittaci, the Solonsj and, compared with them, our Coruncanii, Fabricii, Catos, and Scipios, were perhaps not so learned, but were certainly of a like force and inclination of mind. Others, of equal ability, but of dissimilar affection towards the pursuits of life, preferred ease and retirement, as Pythagoras, Democritus, Anaxagoras, and transferred their attention entirely from civil polity to the contemplation of nature ; a mode of life which, on account of its tranquillity, and the pleasure derived from science, than which nothing is more delightful to mankind, attracted a greater number than was of advantage to public concerns. Accordingly, as men of the most excellent natural talents gave themselves up to that study, in the enjoyment of the greatest abundance of free and unoccupied time, so men of the greatest learning, blessed with excess of leisure and fer- tility of thought, imagined it their duty to make more things than were really necessary the objects of their attention, investigation, and inquiry. That ancient learning, indeed, appears to have been at the same time the preceptress of living rightly and of speaking well ; nor were there separate masters for those subjects, but the same teachers formed the morals and the language ; as Phoenix in Homer, who says that he was appointed a companion in war to the young Achilles by his father Peleus, to make him an orator in words, and a hero in deeds. But as men accustomed to constant and daily employment, when they are hindered from their occupation by the weather, betake themselves to play at 348 DE OEATOEE ; OR, [b. III. ball, or dice, or draughts, or even invent some new game of their own to amuse their leisure; so they, being either excluded from public employments, as from business, by the state of the times, or being idle from inclination, gave them- selves up wholly, some to the poets, some to the geometers, some to music ; others even, as the logicians, found out a new study and exercise for themselves, and consumed their whole time and lives in those arts which have been discovered to form the minds of youth to learning and to virtue. XYI. " But, because there were some, and those not a few, who either were eminent in public affairs, through their two- fold excellence in acting and speaking, excellences which are indeed inseparable, as Themistocles, Pericles, Theramenes ; or who, though they were not employed themselves in public affairs, were teachers of others in thai science, as Gorgias, Thrasymachus, Isocrates; there appeared others who, being themselves men of abundant learning and ingenuity, but averse to political business and employments, derided and despised the exercise of oratory; at the head of which party was Socrates. He, who, by the testimony of all the learned, and the judgment of all Greece, was the first of all men as well in wisdom and penetration, grace and refinement, as in elo- quence, variety, and copiousness of language on whatever • subject he took in hand, deprived of their common name those who handled, treated, and gave instruction in those matters which are the objects of our present inquiry, when they were previously comprised under one appellation ; as all knowledge in the best arts and sciences, and all exercise in them, was denominated philosophy ; and he separated in his / discussions the ability of thinking wisely, and speaking grace- \ fully, though they are naturally united ; Socrates, I say, whose great genius and varied conversation Plato has in his Dialogues consigned to immortality, he himself having left us nothing in writing. Hence arose that divorce as it were of the tongue from the heart, a division certainly absurd, useless, and reprehensible, that one class of persons should teach us to think, and another to speak, rightly : for, as many reasoners had their origin almost from Socrates, and as they caught up some one thing, some another, froni his disputations, which were various, diversifi.ed, and difi"usive ^i-^on all subjects, many sects as it were became propagated. C. XVI [.] ON THE CHARACTER OF THE ORATOR. 349 dissentiilg one from another, and much divided and very dis- similar in opinions, though all the philosophers wished to be called, and thought that thev were, Socratics. XVII. " First from Plato himself came Aristotle and Xenocrates; the one of whom founded the Peripatetic sect, the other the Academy; and from Antisthenes, who was chiefly delighted with the patience and endurance recom- mended in the discourses of Socrates, sprung first the Cynics, afterwards the Stoics. Next, from Aristippus, for whom the dissertations on pleasure had greater charms, emanated the Cyrenaic philosophy, which he and his followers maintained in its simplicity j those who in our days measure all things by the standard of pleasure, while they act more modestly in this particular, neither satisfy that dignity which they are far from rejecting, nor adhere to that pleasure which they are inclined to embrace. There were also other sects of phi- losophers, who almost all in general called themselves the followers of Socrates; as those of the Eretrians, Herillians, Megarians, and Pyrrhonians ; but these have long since been overthrown and extinguished by the superior arguments of the others. Of those which remain, that philosophy which has undertaken the patronage of pleasure, however true it may appear to some, is very unsuitable for that personage of whom we are forming a conception, and whom we would have • to be of authority in public councils, a leader in the admi- nistration of government, a consummate master of thought and eloquence, as well in the senate, as in popular assemblies, and in public causes. Yet no injury shall be done to that phi- losophy by us; for it shall not be repelled from the mark at which it wishes to aim, but shall repose quietly in its gardens, where it wishes, and where, reclining softly and delicately, it calls us away from the rostra, from the courts of justice, and from the senate, and perhaps wisely, especially in such times of the republic as these. But my present inquiry is not which philosophy is the nearest to truth, but which is the best suited to the orator. Let us therefore dismiss those of this sect without any contumely; for they are well-meaning, and, as they seem so to themselves, happy; let us only admonish them to keep that maxim of theirs, though it be eminently true, secret however as a mystery, I mean their denial that it is the part of a wise man to concern himself 350 DE ORATORE ; (^U, [b. HI. with public affairs ; for if -they should convince us, and every \ man of eminent ability, of the truth of that maxim, they will be unable to remain, as they especially desire, in tranquillity. J XVIII. " The Stoics, too, whom I by no means disapprove^ I notwithstanding dismiss; nor am I afraid that they will be angry, as they are proof against anger; and I feel grateful to them on this account, that they alone, of all the philoso- phers, have declared eloquence to be virtue and wisdom. But there are two peculiarities in their doctrine, which are quite unsuitable to that orator whom w^e are forming ; one, that they pronounce all who are not wise, to be slaves, robbers, enemies, and madmen, and yet do not admit that any person is wise ; (but it would be very absurd to trust the interests of an assembly of the people, or of the senate, or any other body of men, to one to whom none of those present would appear to be in their senses, none to be citizens, none to be freemen;) the other, that they have a manner of speaking which is perhaps subtle, and certainly acute, but for an orator, dry, strange, unsuited to the ear of the popu- lace, obscure, barren, jejune, and altogether of that species which a speaker cannot use to a multitude. Other citizens, or rather all other people, have very different notions of good and evil from the Stoics; their estimation of honour and ignominy, rew-^*vis and punishments, is entirely different; w^hether justly or otherwise, is nothing to the present occa- sion ; but if we should adopt their notions, we should never be able to expedite any business by speaking. The remaining sects are the Peripatetic and the Academic; though of the Academics, notwithstanding there is but one name, there are two distinct systems of opinion; for Speusippus, Plato's sister s son, and Xenocrates, w^ho had been a hearer of Plato, and Polemo, who had been a hearer of Xenocrates, and Grantor, differed in no great degree from Aristotle, who had also been a hearer of Plato; in copiousness and variety of diction, however, they were perhaps unequal to him. Arce- silas, who had been a hearer of Polemo, was the first who eagerly embraced the doctrine drawn from the various writings of Plato and the discourses of Socrates, that ^ there is nothing certain to be known, either by the senses or the understanding;' he is reported to have adopted an eminently graceful manner of speaking, to have rejected all judgment C. XIX. J ON THE CHARACTER OF THE ORATOR. 351 of the mind and the senses, and to have established first the practice (though it was indeed greatly ado])ted by Socrates) of not declaring what he himself thought, but of disputing against whatever any other person said that he thought. Hence the New Academy derived its origin, in which Car- neades distinguished himself by a quickness of wit, that was in a manner divine, and a peculiar force of eloquence. I knew many at Athens who had been hearers of this philo- sopher, but I can refer for his character to two persons of undoubted authority, my father-in-law Sceevola, who heard him when a youth at Eome, and Quintus Metellus, the son of Lucius, my intimate friend, a man of high dignity, who informed me that in the early part of his life at Athens, he attended for many days the lectures of this celebrated phi- losopher, then almost broken with age.^ XIX. ^' But the streams of learning have flowed from the common summit of science,^ like rivers from the Apennines, in different directions, so that the philosophers have passed, as it were, into the Upper or Ionian sea, a Greek sea, abound- ing with harbours, but the orators have fallen into the Lower or Tuscan, a barbarian sea, infested with rocks and dangers, in which even Ulysses himself had mistaken his course. If, therefore, we are content with such a degree of eloquence, and such an orator as has the common discretion to know that you ought either to deny the charge which is brought against you, or, if you cannot do that, to show that what he who is accused has committed, was either done justifiably, or through th.e fault or wrong of some other person, or that it is agreeable to law, or at least not contrary to any law, or that it was done without design, or from necessity; or that it does not merit the term given it in the accusation; or that the pleading is not conducted as it ought to have been or might have been; and if you think it sufficient to have learned the rules which the writers on rhetoric have delivered, which however Antonius has set forth with much more grace and fulneso than they are treated by them ; if, I say, you are ^ Qui illv/n a se adolescente Athenis jam affectiLm senectute multos dies auditum esse dicehat. " Who said that he had been heard by him when a young man for many days at Athens (where he was) now affected with old age." 2 Ex communi sapientium jugo. I read sapienfice with Ellendt. It is a comparison, as he observes, of Socrates to a hill. 352 DE oratore; or, [b.iii. content with these qualifications, and those which you wished to be specified by me, you reduce the orator from a spacious and immense field of action into a very narrow compass: but if you are desirous to emulate Pericles, or Demo- sthenes, who is more familiar to us from his numerous writings; and if you are captivated with this noble and illustrious idea and excellence of a perfect orator, you must include in your minds all the powers of Carneades, or those of Aristotle. For, as I observed before, the ancients, till the time of Socrates, united all knowledge and science in all things, whether they appertained to morality, to the duties of life, to virtue, or to civil government, with the faculty of speaking; but afterwards, the eloquent being separated by Socrates from the learned, (as I have already explained,) and this distinction being continued by all the follow^ers of Socrates, the philosophers disregarded eloquence, and the orators philosophy; nor did they at all encroach upon each other's provinces, except that the orators borrowed from the philosophers, and the philosophers from the orators, such things as they would have taken from the common stock if they had been inclined to remain in their pristine union. But as the old pontiffs, on account of the multitude of reli- gious ceremonies, appointed three officers called Epulones,^ though they themselves were instituted by Numa to perform the epulare sacrificium at the games; so the followers of Socrates excluded the pleaders of causes from their own body, and from the common title of philosophers, though the ancients were of opinion that there was a miraculous harmony between speaking and understanding. XX. " Such being the case, I shall crave some little indul- gence for myself, and beg you to consider that whatever I say, I say not of myself, but of the complete orator. For I am a person, who, having been educated in my boyhood, with great care on the part of my father, and having brought into the forum such a portion of talent as I am conscious of possess- ing, and not so much as I may perhaps appear to you to have, cannot aver that I learned what I now comprehend, exactly as I shall say that it ought to be learned ; since I engaged iii public business most early of all men, and at one-an d- twenty [ I years of age brought to trial a man of the highest rank, and \ ^ See Liv. xxxiii. 42. C. XXI.] ON THE CHARACTER OF THE ORATOR. 353 the greatest eloqaence;^ and the forum has been my school, and practice, with the laws and institutions of the Eoman people, and the customs of our ancestors, my instructors. I got a small taste of those sciences of which I am speaking, feeling some thirst for them, while I was quaestor in Asia, having procured a rhetorician about my own age from the Academy, that Metrodorus, of whose memory Antonius has made honourable mention; and, on my departure from Asia, at Athens, where I should have stayed longer, had I not been displeased with the Athenians, who would not repeat their mysteries, for which I came two days too late. The fact, therefore, that I comprise within my scheme so much science, and attribute so much influence to learning, makes not only not in my favour, but rather against me, (for I am not con- sidering what I, but what a perfect orator can do,) and against all those who put forth treatises on the art of rhetoric, and who are indeed obnoxious to extreme ridicule ; for they write merely about the several kinds of suits, about exordia, and statements of facts; but the real power of eloquence is such,^i that it embraces the origin, the influence, the changes of all things in the world, all virtues, duties, and all nature, so far as it afiects the manners, minds, and lives of mankind. ^ It can give an account of customs, laws, and rights, can ■ govern a state, and speak on everything relating to any sub- ject whatsoever with elegance and force. In this pursuit I employ my talents as well as I can, as far as I am enabled by natural capacity, moderate learning, and constant practice; nor do I conceive myself much inferior in disputation to those who have as it were pitched their tent for life in phi- losophy alone. XXI. " For what can my friend Caius Yelleius ^ allege, to show why pleasure is the chief good, which I cannot either maintain more fully, if I were so inclined, or refute, with the aid of those common-places which Antonius has set forth, and that habit of speaking in which Yelleius himself is unexercised, but every one of us experienced 1 What is there that either Sextus Pompeius, or the two Balbi,^ or my acquaintance ^ Carbo. See note on i. 10. 2 The same that speaks, in the dialogue De Naturd Dew^umf on Xzlq tenets of the Epicureans. ^ One Balbus is a speaker in the De Nat. Deorum^ on the doctrines A A 354 DE oratore; or, [b. hi. Marcus Yigellius, who lived with Panaetius, all men of the Stoic sect, can maintain concerning virtue, in such a manner that either I, or any one of you, should give place to them in debate ? For philosophy is not like other arts or sciences ; since what can he do in geometry, or in music, who has never learned? He must be silent, or be thought a madman; but the principles of philosophy are discovered by such minds as have acuteness and penetration enough to extract what is most probable concerning any subject, and are elegantly expressed with the aid of exercise in speaking. On such topics, a speaker of ordinary abilities, if he has no great learning, but has had practice in declaiming, will, by virtue of such practice, common to others as well as to him, beat our friends the philosophers, and not suffer himself to be despised and held in contempt; but if ever a person shall arise who shall have abilities to deliver opinions on both sides of a question on all subjects, after the manner of Aristotle, and, from a knowledge of the precepts of that phi- losopher, to deliver two contradictory orations on every con- ceivable topic, or shall be able, after the manner of Arcesilas or Carneades, to dispute against every proposition that can be laid down, and shall unite with those powers rhetorical skill, and practice and exercise in speaking, he will be the true, the perfect, the only orator. For neither without the nervous eloquence of the forum, can an orator have sufficient weight, dignity, and force ; nor, without variety of learning, sufficient elegance and judgment. Let us suffer that old Corax of yours,^ therefore, to hatch his young birds in the nest, that they may fly out disagreeable and troublesome bawlers ; and let us allow Pamphilus, whoever he was,^ to depict a science of such of the Stoics. The other, says Ellendt, is supposed to be the lawyer who is mentioned by Cicero, Brut. c. 42, and who was the master of Servius Sulpicius. Of Vigellius nothing is known. ^ See i. 20. He jokes on the name of Corax, which signifies a crow. 2 Pamphilum nescio quern. Some suppose him to be the painter that is mentioned as the instructor of Apelles by Pliny, H. N. xxxv. 36. 8. He seems, whoever he was, to have given some fanciful map-like view of the rules of rhetoric. But it is not intimated by Pliny that the Pamphilus of whom he speaks was, though a learned painter, anything more than a painter. A Pamphilus is mentioned by Quintilian, iii. 6. 34; xii. 10. 6; and by Aristotle, Rhet. ii. 23. By infulce in the text, which I have rendered " flags," Ellendt supposes that something similar to our printed cotton handkerchiefs, or flags hung out at booths at C. XXII.] ON THE CHARACTER OF THE ORATOR. 355 consequence upon flags, as if for an amusement for children ; while we ourselves describe the whole business of an orator, in so short a disputation as that of yesterday and to- day; admitting, however, that it is of such extent as to be spread through all the books of the philosophers, into which none of those rhetoricians ^ has ever dipped." XXII. Catulus then said, " It is, indeed, by no means astonishing, Crassus, that there should appear in you either such energy, or such agreeableness, or such copiousness of lan- guage ; though I previously supposed that it was merely from the force of natural genius that you spoke in such a way as to seem to me not only the greatest of orators, but the wisest of men ; but I now understand that you have always given precedence to matters relating to philosophy, and your copious stream of eloquence has flowed from that source ; and yet, when I recollect the diflerent stages of your life, and when I consider your manner of living and pursuits, I can neither conceive at what time you acquired that learning, nor can I imagine you to be strongly addicted to those studies, or men, or writings ; nor can I determine at which of these two things I ought most to feel surprised, that you could obtain a thorough knowledge of those matters which you persuade me are of the utmost assistance to oratory, amid such important occupations as yours, or that, if you could not do so, you can speak with such effect." Here Crassus rejoined, " I would have you first of all, Catulus, persuade yourself of this, that, when I speak of an orator, I speak not much otherwise than I should do if I had to speak of an actor; for I should say that he could not possibly give satis- faction in his gesture unless he had learned the exercises of the palaestra, and dancing ; nor would it be necessary that, ,when I said this, I should be myself a player, though it per- haps would be necessary that I should be a not unskilful critic in another man's profession. In like manner I am now, at your request, speaking of the orator, that is, the perfect orator ; for, about whatever art or faculty inquiry is made, it always relates to it in its state of absolute perfection ; and if, i fairs, is meant. Talseus thinks that the tables of rules might have been called infulce in ridicule, from their shape. ^ Such " disagreeable and troublesome bawlers," as those from the nest of Corax just mentioned. Ernesti, aa2 356 DE oeatore; or, [b. hi. therefore, you now allow me to be a speaker, if even a pretty good one, or a positively good one, I will not contradict yon ; (for why should I, at my time of life, be so foolish? I know that I am esteemed such;) but, if it be so, I am certainly not perfect. For there is not among mankind any pursuit of greater difficulty or effort, or that requires more aids from learning ; but, since I have to speak of the orator, I must of necessity speak of the perfect orator; for unless the powers and nature of a thing be set before the eyes in their utmost perfection, its character and magnitude cannot be understood. Yet I confess, Catulus, that I do not at present live in any great familiarity with the writings or the pro- fessors of philosophy, and that, as you have rightly observed, I never had much leisure to set apart for the acquisition of such learning, and that I have only given to study such portions of time as my leisure when I was a youth, and vaca- tions from the business of the forum, have allowed me. XXIII. '^ But if, Catulus, you inquire my sentiments on that learning, I am of opinion that so much time need not be spent on it by a man of ability, and one who studies with a view to the forum, to the senate, to causes, to civil administra- tion, as those have chosen to give to it whom life has fe,iled while they were learning. For all arts are handled in one manner by those who apply them to practice ; in another by those who, taking delight in treating of the arts themselves, never intend to do anything else during the whole course of their lives. The master of the gladiators ^ is now in the ex- tremity of age, yet daily meditates upon the improvement of his science, for he has no other care; but Quintus Yelocius^ had learned that exercise in his youth, and, as he was na- turally formed for it, and had thoroughly acquired it, he was, as it is said in Lucilius, Though as a gladiator in the school Well skill' d, and bold enough to match with any, yet resolved to devote more attention to the duties of the forum, and of friendship, and to his domestic concerns. Valerius^ sung every day ; for he was on the stage ; what else was he ^ See note on ii. 80. 2 This name was introduced on the conjecture of Victorius. Pre- viously the passage was unintelligible. ^ Of Valerius and Furius nothing is known. Ellendt. C. XXIV.J ON THE CHARACTER OF THE ORATOR. 357 to do 1 But our friend Numerius Furius sings only when it is agreeable to him ; for he is the head of a family, and of equestrian dignity ; he learned when a boy as much as it was necessary for him to learn. The case is similar with regard to sciences of the greatest importance ; we have seen Quintus Tubero,^ a man of eminent virtue and prudence, engaged in the study of philosophy night and day, but his uncle Africa- nus ^ you could scarcely ever perceive paying any attention to it, though he paid a great deal. Such knowledge is easily gained, if you only get as much of it as is necessary, and have a faithful and able instructor, and know how to learn yourself But if you are inclined to do nothing else all your life, your very studies and inquiries daily give rise to some- thing for you to investigate as an amusement at your leisure ; thus it happens, that the investigation of particular points is endless, though general knowledge is easy, if practice establish learning once acquired, moderate exercise be devoted to it, and memory and inclination continue. But it is pleasant to be constantly learning, if we wish to be thoroughly masters of anything ; as if I, for instance, had a desire to play excel- lently at backgammon, or had a strong attachment to tennis, though perhaps I should not attain perfection in those games ; but others, because they excel in any performance, take a more vehement delight in it than the object requires, as Titius ^ in tennis, BruUa in backgammon. There is no reason, therefore, why any one should dread the extent of the sciences because he perceives old men still learning them ; for either they were old men when they first applied to them, or have been detained in the study of them till they became old ; or are of more than ordinary stupidity. And the truth in my opinion is, that a man can never learn thoroughly that which he has not been able to learn quickly." XXI y. " Now, now," exclaimed Catulus, " I understand, Crassus, what you say, and readily assent to it ; I see that there has been time enough for you, a man of vigour and ability to learn, to acquire a knowledge of what you mention." " Do you still persist," rejoined Crassus, " to think that I say what I say of myself, and not of nay subject ? But, if it be agreeable to * Cic. Tusc. Qusest. iv. 2 ; Fin. iv. 9. 2 «ee ii. 37. * Titius is mentioned ii. 62. Of Brulla nothing is known. EllendU 358 DE ORATORE ; OR, [b. III. yoa, let us now return to our stated business." " To me," said Catulus, " it is very agreeable.'^ " To what end, then," continued Crassus, " does this dis- course, drawn out to so great a length, and brought from such deep sources, tend '1 The two parts which remain for me, that of adorning language, and contemplating eloquence in general in its highest perfection, — one of which requires that we should speak gracefully, the other aptly, — have this influence, that eloquence is rendered by their means pro- ductive of the utmost delight, made to penetrate effectually into the inmost hearts of the audience, and furnished with all possible variety of matter. But the speech which we use in the forum, adapted for contest, full of acrimony, formed to suit the taste of the vulgar, is poor indeed and beggarly ; and, on the other hand, even that which they teach who pro- fess themselves masters of the art of speaking, is not of much more dignity than the common style of the forum. We have need of greater pomp,^ of choice matter collected, imported, and brought together from all parts; such a provision as must be made by you, Caesar, for the next year,^ with such pains as I took in my sedileship, because I did not suppose that I could satisfy such a people as ours with ordinary mat- ters, or those of their own country. " As for choosing and arranging words, and forming them into proper periods, the art is easy, or, I may say, the mere practice without any art at all. Of matter, the quantity and variety are infinite; and as the Greeks^ were not properly furnished with it, and our youth in consequence almost grew ignorant while they were learning, even Latin teachers of rhetoric, please the gods, have arisen within the last two years; a class of persons whom I had suppressed by my edict,^ when I was censor, not because I was unwilling (as ^ Apjpai^atu. In allusion, says Petavius, to the shows given by the sediles. ^ Ad annum. That of his sedileship. Ernesti. ^ The Greek rhetoricians. Pearce. * Quintilian refers to this passage, ii. 4. 42 The edict of the censors Crassus and Ahenobarbus, which was marked by all the ancient severity, is preserved in Aul. Gell. xv. 11 ; and Suetonius, De Clar. Ehet. prooem. Crassus intimates that that class of men sprung up again after his edict ; for the censors had not such power that their mere prohibitions could continue in force after their term of office was expired. Ellendt, C. XXV.] ON THE CHARACTER OF THE ORATOR. 359 some, I know not who, asserted,) that the abilities of our youth should be improved, but because I did not wish that their understandings should be weakened and their impudence strengthened. For among the Greeks, whatever was their ( character, I perceived that there was, besides exercise of the I tongue, some degree of learning, as well as politeness suited to liberal knowledge; but I knew that these new masters could teach youth nothing but effrontery, which, even when joined with good qualities, is to be avoided, and, in itself, especially so ; and as this, therefore, was the only thing that was taught by the Latins, their school being indeed a school of impudence, I thought it became the censor to take care that the evil should not spread further. I do not, however, determine and decree on the point, as if I despa.ired that the subjects which we are discussing can be delivered, and treated with elegance, in Latin ; for both our language and the nature of things allows the ancient and excellent science of Greece to be adapted to our customs and manners; but for such a work are required men of learning, such as none of our country- men have been in this department; but if ever such arise, they will be preferable to the Greeks themselves. XXV. "A speech, then, is to be made becoming in its kind, with a sort of complexion and substance of its own ; for that it be weighty, agreeable, savouring of erudition and liberal knowledge, worthy of admiration, polished, having feeling and passion in it, as far as is required, are qualities not confined to particular members, but are apparent in the whole body; but that it be, as it were, strewed with flowers of language and thought, is a property which ought not to be equally diffused throughout the whole speech, but at such, intervals, that, as in the arrangement of ornaments,^ there '^ may be certain remarkable and luminous objects disposed/ here and there. Such a kind of eloquence, therefore, is to be chosen, as is most adapted to interest the audience, such as may not only delight, but delight without satiety; (for I do not imagine it to be expected of me, that I should admonish you to beware that your language be not poor, or rude, or vulgar, or obsolete; both your age and your geniuses en- ( courage me to something of a higher nature ;) for it is difficult * In ornatu. The arrangement of such ornaments as were displayed at games and festivals. 360 DE ORATORE j OR, [b. III. to tell what the cause is why, from those objects which most strongly strike our senses with pleasure, and occasion the most violent emotions at their first appearance, we should soonest turn away with a certain loathing and satiety. How much more florid, in the gaiety and variety of the colouring, are most objects in modern pictures than in ancient ones; which, however, though they captivate us at first sight, do not afford any lasting pleasure; whereas we are strongly attracted by rough and faded colouring in the paintings of antiquity. How much softer and more delicate are fanciful ^ modulations and notes in music, than those which are strict and grave ; and yet if the former are often repeated, not only persons of an austere character, but even the multitude, raise an outcry against them. We may perceive, too, in regard to the other senses, that we take a less permanent delight in perfumes composed of the sweetest and most powerful odours, than in those of a more moderate scent ; that that is more commended which appears to smell like wax, than that which is as strong as saffron ; and that, in the sense of feeling itself, there is a limit required both to softness and smoothness. How soon does even the taste, which of all our senses is the \ most desirous of gratification, and is delighted with sweetness ^ 1 beyond the others, nauseate and reject that which is too j luscious ! Who can take sweet drinks and meats long 1 together ? while, in both kinds of nutriment, such things as I affect the sense with but a slight pleasure are the furthest \ removed from that satiating quality; and so, in all other ^ \ things, loathing still borders upon the most exquisite delights ; ^ \ and therefore we should the less wonder at this effect in lan- guage, in which we may form a judgment, either from the poets or the orators, that a style elegant, ornate, embellished, and sparkling, without intermission, without restraint, with- , out variety, whether it be prose or poetry, though painted I with the brightest colours, cannot possibly give lasting ' pleasure. And we the sooner take offence at the false locks and paint of the orator or poet, for this cause, that the senses, when affected with too much pleasure, are satiated, not from reason, but constitutionally; in writings and in speeches these disguised blemishes are even more readily noticed, not ^ Falsce. Fractse et molliores. Ernesti, C. XXVI.] ON THE CHARACTER OF THE ORATOR. 361 only from the judgment of the ear, but from that of the understanding. XXYI. '^ Though such expressions of applause, therefore, as * very well,' ^ excellent,' may be often repeated to me, I would not have ^ beautifully,' ' pleasantly,' come too often ; yet 1 would, have the exclamation, ' Nothing can be better,' verj^ frequent. But this high excellence and merit in speaking should be attended with some portions of shade and obscurity, that the part on which a stronger light is thrown may seem to stand out, and become more prominent. Roscius never delivers this passage with all the spirit that he can, The wise man seeks for honour, not for spoil, As the reward of virtue ; but rather in an abject manner, that into the next speech, What do I see ? the steel-girt soldier holds The sacred seats, he may throw his whole powers, may gaze, may express wonder and astonishment. How does the other great actor ^ utter What aid shall I solicit ? How gently, how sedately, how calmly ! For he proceeds with father ! my country ! House of Priam ! in which so much action could not be exerted if it had been consumed and exhausted by any preceding emotion. Nor did the actors discover this before the poets themselves, or, indeed, before even those who composed the music, by both of whom their tone is sometimes lowered, sometimes heightened, sometimes made slender, sometimes full, with variation and distinction. Let our orator, then, be thus graceful and de- lightful (nor can he indeed be so otherwise) ; let him have a severe and solid grace, not a luscious and delicious sweetness j for the precepts relative to the ornament of eloquence, which ai*e commonly given, are of such a nature that even the worst speaker can observe them. It is first of all necessary, there- fore, as I said before, that a stock of matter and thoughts be got together ; a point on which Antonius has already spoken ; these are to be interwoven into the very thread and essence of the oration, embellished by words, and diversified by illustrations. ^ ^sopus, as I suppose. Ellendt ; who observes that the verses are from the Andromache of Ennius. See c. 47, 58 ; Tusc. Disp. iii. 19. 362 DE ORATORE j OR, [b. III. " But the greatest glory of eloquence is to exaggerate a subject by embellishment; which has effect not only in am- plifying and extolling anything in a speech to an extra- ordinary degree, but also in extenuating it, and making it appear contemptible. XXVII. This is required on all those points which Antonius said must be observed in order to gain credit to our statements, when we explain anything, or when we conciliate the feelings, or when we excite the pas- sions of our audience ; but in the particular which I men- tioned last, amplification is of the greatest effect ; and excel- lence in it the pecuhar and appropriate praise of the orator. Even that exercise is of more than ordinary importance which Antonius illustrated ^ in the latter part of his disser- tation, (in the beginning ^ he set it aside,) I mean that of panegyric and satire ; for nothing is a better preparative for exaggeration and amplification in a speech than the talent of performing both these parts in a most effective manner. Consequently, even those topics are of use which, though they ought to be proper to causes, and to be inherent in their very vitals, yet, as they are commonly applied to ge- neral subjects, have been by the ancients denominated com- mon places; of which some consist in bitter accusations and complaints against vices and crimes, with a certain amplifica- tion, (in opposition to which nothing is usually said, or can be said,) as against an embezzler of the public money, or a traitor, or a parricide ; remarks which we ought to intro- duce when the charges have been proved, for otherwise they are jejune and trifling; others consist in entreaty or com- miseration; others relate to contested points of argument, whence you may be enabled to speak fully on either side of any general question, an exercise which is now imagined to be peculiar to those two sects of philosophy^ of which I spoke before ; among those of remote antiquity it belonged to those from whom all the art and power of speaking in forensic pleadings was derived;^ for concerning virtue, duty, justice and equity, dignity, utility, honour, ignominy, rewards and punishments, and similar subjects, we ought to possess the spirit, and talent, and address, to speak on either side of the 1 B. ii. c. 84. 2 B. ii. c. 10. ' ^ The Academic and Peripatetic ; see iii. 17, 18. Promt, * Those who taught forensic eloquence. Proust. C. XX VII I.] ON THE CHARACTER OF THE ORATOR. 363 question. Bat since, being driven from our own possessions, we are left in a poor little farm, and even that the subject of litigation, and since, though the patrons of others, we have not been able to preserve and protect our own property, let us borrow what is requisite for us (which is a notable dis- grace) from those ^ who have made this irruption into our patrimony. XXYIII. " Those, then, who take their name from a very small portion ^ of Athens and its neighbourhood, and are denominated Peripatetic or Academic philosophers, but who formerly, on account of their eminent knowledge in important affairs, were by the Greeks called political philosophers, being distinguished by a name relating to all public administration, say that every speech on civil affairs is employed on one or other of these two kinds of questions, either that of a de- finite controversy limited to certain times and parties; as, ' Whether is it proper that our captives be recovered from the Carthaginians by the restitution of theirs ? ' or on an indefinite question, inquiring about a subject generally; as, 'What should be determined or considered concerning captives in general?' Of these, they term the former kind a cause or\ controversy, and limit it to three things, law-suits, delibera-/ tions, and panegyric ; but the other kind of question, or pro- position as it were, the indefinite, is denominated a consulta- tion.^ So far they instruct us. The rhetoricians, however, use this division in their instructions, but not so that they seem to recover a lost possession by right, by a decision in their favour, or by force, but appear, according to the prac- tice of the civil law, to assert their claim to the premises by breaking off a branch;^ for they keep possession of that former kind which is restricted to certain times, places, and parties, and that as it were by the hem of the garment ; ^ for at this present time, under Philo,^ who flourishes, I hear, as ^ The philosophers. ^ From the Academy, and the gymnasia in the suburbs of Athens. Ellendt. 3 Consultatio. See Cic. Part. Orat. i. 18, 20. ^ A ceremony by which a claim to a possession was made. See Gaius, iv. 17. ^ Lacinia. Like persons who scarcely keep their hold of a thing. Elltndt. ^ Philo of Larissa, called by some the founder of a fourth Academy, was a hearer of Chtomachus, Acad. ii. 6. He fled to Rome, with many 364 DE ORATOREj OR, [b. III. chief of the Academy, the knowledge and practice of even these causes is much observed; as to the latter kind, they only mention it in delivering the first principles of the art, and say that it belongs to the orator; but neither explain its powers, nor its nature, nor its parts, nor general heads, so that it had better have been passed over entirely, than left when it was once attempted ; for they are now understood to say nothing about it for want of something to say; in the other case, they would have appeared to be silent from judgment. XXIX. " Every subject, then, has the same susceptibleness of ambiguity, concerning which it may be inquired and dis- puted ; whether the discussion relate to consultations on inde- finite points, or to those causes which are concerned with civil afikirs and contests in the forum ; nor is there any that may not be referred either to the nature and principles of knowledge or of action. For either the knowledge itself and acquaintance with any affair is the object of inquiry; as, ' Whether virtue be desirable on account of its own intrinsic worth, or for the sake of some emolument attending if?' or counsel with regard to an act is sought ; as, ' Whether a wise man ought to concern himself in the administration of go- vernment ? ' And of knowledge there are three kinds, — that which is formed by conjecture, that which admits of certain definition, and that which is (if I may so term it) conse- quential. For whether there be anything in any other thing, is inquired by conjecture; as, 'Whether there is wisdom in mankind *? ' But what nature anything has, a definition ex- plains ; as if the inquiry be, ' What is wisdom ? ' And con- sequential knowledge is the subject treated of, when the question is, 'What peculiarity attends on anything?' as, * Whether it be the part of a good man to tell a falsehood on any occasion ?' But to conjecture they return again, and divide it into four kinds ; for the question is either, ' What a thing is,' as, ' Whether law among mankind is from nature or fi:om opinions?' or, 'What the origin of a thing is,' as, 'What is the foundation of civil laws and governments ? ' or the cause of the chief men of Athens, in the Mithridatic war, when Cicero, then a young man, attended diligently to his instructions. Brut. 89 ; Plut. Cic. c. 3. He sometimes gave instructions in rhetoric, sometimes in philosophy, as appears from Tusc. Disp. ii. 3. Henrichsen, C. XXX.] ON THE CHARACTER OF THE ORATOR. 36o and reason of it; as if it is asked, ^ Why do the most learned men differ upon points of the greatest importance V or as to the possible changes in anything ; as if it is disputed, ' Whe- ther virtue can die in men, or whether it be convertible into vice?' With regard to definition, disputes arise, either when the question is, '' What is impressed, as it were, on the com- mon understanding f as if it be considered, ' Whether that be right which is advantageous to the greater number"?' or when it is inquired, ' What is the peculiar property of any character?' as, 'Whether to speak elegantly be peculiar to the orator, or whether any one else can do so ? ' or when a thing is distributed into parts ; as if the question be, ' How many kinds of desirable things there are?' and, ^Whether there be three, those of the body, those of the mind, and external things V or when it is described what is the form or, as it were, natural characteristic of any person; as if it be inquired, ' What is the exact representation of an avaricious, a seditious, or a vain-glorious man?' Of the consequential, two principal kinds of questions are proposed; for the ques- tion is either simple, as if it be disputed, ' Whether glory be desirable ? ' or comparative, ' Whether praise or wealth is more to be coveted ? ' But of such simple questions there are three sorts, as to things that are to be desired or avoided; as, ^ Whether honours are desirable V ' Whether poverty is to be avoided V as to right and wrong; as, 'Whether it be right to revenge injuries, even those of relations?' as to honour and ignominy ; as, ' Whether it be honourable to suffer death for the sake of glory ?' Of the comparative also there are two sorts : one, when the question is whether things are the same, or there be any difference betwixt them; as betwixt /ear and reverence, a king and a tyrant, a flatterer and a friend; the other, when the inquiry is, ' Which of two things is pre- ferable?' as, ' Whether wise men are led by the approbation of the most worthy, or by popular applause V Thus are the controversies which relate to knowledge described, for the most part, by men of the greatest learning. XXX. " But those which relate to action, either concern controverted points of moral duty, under which head it may be inquired, ' What is right and to be practised ; ' of which head the whole train of virtues and of vices is the subject- matter ; or refer to the excitement, or alleviation, or removal 3G6 DE oratorb; or, [b. hi. of some emotion of the mind. Under this head are included exhortation, reproof, consolation, compassion, and all that either gives impulse to any emotion of the mind, or, if it so happen, mitigates it. These kinds, then, and modes of all questions being explained, it is of no consequence if the partition of Antonius in any particular disagrees with my division ; for there are the same parts in both our disserta- tions, though divided and distributed by me a little otherwise than by him. Now I will proceed to the sequel, and recall ■ myself to my appointed task and business. For the argu- ments for every kind of question are to be drawn from those common places which Antonius enumerated ; but some common places will be more adapted to some kinds than to others; concerning which there is no necessity for me to speak, not because it is a matter of any great length, but of sufficient perspicuity. '' Those speeches, then, are the most ornate which spread over the widest field, and, from some private and single question, apply and direct themselves to show the nature of such questioDs in general, so that the audience, from under- standing its nature, and kind, and whole bearing, may deter- mine as to particular individuals, and as to all suits criminal and civil. Antonius has encouraged you, young men, to per- severance in this exercise, and intimated that you were to be conducted by degrees from small and confined questions to all the power and varieties of argument. Such qualifications are not to be gained from a few small treatises, as they have imagined who have written on the art of speaking; nor are they work merely for a Tusculan villa, or for a morning walk and afternoon sitting, such as these of ours; for we have not only to point and fashion the tongue, but have to store the mind with the sweetness, abundance, and variety of most important and numerous subjects. XXXI. ^' For ours is the possession (if we are indeed orators, if we are to be consulted as persons of authority and leaders in the civil contests and perils of the citizens and in public councils), ours, I say, is the entire possession of all that wisdom and learning, upon which, as if it were vacant and had fallen in to them, men abounding in leisure have seized, taking advantage of us, and either speak of the orator with ridicule and sarcasm, as Socrates in the Gorgias, or write C. XXXII.] ON THE CHARACTER OF THE ORATOR. 367 something on the art of oratory in a few little treatises, and call them books on rhetoric ; as if all those things did not equally concern the orator, which are taught by the same philosophers on justice, on the duties of life, on the establish- ment and administration of civil government, and on the whole systems of moral and even natural philosophy. These matters, since we cannot get them elsewhere, we must now borrow from those very persons by whom we have been pil- laged; so that we apply them to the knowledge of civil affairs, to which they belong, and have a regard ; nor let us (as I observed before) consume all our lives in this kind of learning, but, when we have discovered the fountains, (which he who does not find out immediately will never find at all,) let us draw from them as much as occasion may re- quire, as often as we need. For neither is there so sharp a discernment in the nature and understanding of man, that any one can descry things of such importance, unless they are pointed out ; nor yet is there so much obscurity in the things, that a man of penetrating genius cannot obtain an insight into them, if he only direct his view towards them. As the orator therefore has liberty to expatiate in so large and immense a field, and, wherever he stops, can stand upon • his own territory, all the furniture and embellishments of eloquence readily offer themselves to him. For copiousness of matter produces copiousness of language; and, if there be an inherent dignity in the subjects on which he speaks, there must be, from the nature of the thing, a certain splendour in his expression. If the speaker or writer has but been liberally instructed in the learning proper for youth, and has an ardent attachment to study, and is assisted By natural endowments, and exercised in those indefinite ques- tions on general subjects, and has chosen, at the same time, the most elegant writers and speakers to study and imitate, he will never, be assured, need instruction from such pre- ceptors how to compose or embellish his language ; so readily, in an abundance of matter, will nature herself, if she be but stimulated, fall without any guide into all the art of adorning eloquence.*' XXXII. Catulus here observed, '^ Ye immortal gods, what an infinite variety, force, and extent of matter have you, Crassus, embraced, and from how narrow a circle have you 3C8 DE ORATORE j OR, [b. III. ventured to lead forth the orator, and to place him in the domains of his ancestors! For we have understood that those ancient masters and authors of the art of speaking considered no kind of disputation to be foreign to their pro- fession, but were always exercising themselves in every branch of oratory. Of which number was Hippias of Elis, who, when he came to Olympia, at the time of the vast concourse at the games celebrated every fifth year, boasted, in the hearing of almost all Greece, that there w^as no subject in any art or science of which he was ignorant; as he under- stood not only those arts in which all liberal and polite learning is comprised, geometry, music, grammar, and poetry, and whatever is said on the natures of things, the moral duties of men, and the science of government, but that he had himself made, with his own hand, the ring which he wore, and the cloak and shoes which he had on.^ He indeed went a little too far; but, even from his example, we may easily conjecture how much knowledge those very orators desired to gain in the most noble arts, when they did not shrink from learning even the more humble. Why need I allude to Prodicus of Chios, Thrasymachus of Chalcedon, or Protagoras of Abdera ? every one of whom in those days dis- puted and wrote much even on the nature of things. Even Gorgias the Leontine himself, under whose advocacy (as Plato represented) the orator yielded to the philosopher;^ who was either never defeated in argument by Socrates, (and then the Dialogue of Plato is wholly fictitious,) or, if he was so de- feated, it was because Socrates was the more eloquent and convincing, or, as you term it, the more powerful and better orator; — but this Gorgias, in that very book of Plato, ofiers to speak most copiously on any subject whatever, that could be brought under discussion or inquiry; and he was the first of all men that ventured to demand, in a large assembly, on what subject any one desired to hear him speak; and to whom such honours were paid in Greece, that to him alone, of all great men, a statue was erected at Delphi, not gilded, but of solid gold. Those whom I have named, and many 1 See Plato, Hipp. Min. p. 231 G. ^ Gorgias, in the Dialogue of Plato, undertakes the defence of oratory against Socrates, whom Plato represents as maintaining the dignity of philosophy. Gorgias is vanquished by Socrates. Proust. C. XXXIII.] ON THE CHARACTER OF THE ORATOR. 369 other most consummate masters in the art of speaking, flourished at the same time; from whose examples it may be understood, that the truth is really such as you, Crassus, have stated, and that the name of the orator was distin- guished among the ancients in Greece in a more extensive sense, and with greater honour than among ourselves. I am therefore the more in doubt whether I should attribute a greater degree of praise to you, or of blame to the Greeks ; since you, born under a different language and manners, in the busiest of cities, occupied either with almost all the private causes of the people, or with the government of the world and the direction of the mightiest of empires, have mastered such numbers of subjects, and acquired so extensive a know- ledge, and have united all this with the science and practice of one who is of authority in the republic by his counsels and eloquence ; whilst they, born in an atmosphere of learning, ardently attached to such studies, but dissolved in idleness, have not only made no acquisitions, but have not even preserved as their own that which was left and consigned to them." XXXIII. Crassus then said, " Not only in this particular, Catulus, but in many others, the grandeur of the sciences has been diminished by the distribution and separation of their parts. Do you imagine, that when the famous Hippo- ^ crates of Cos flourished, there were then some of the medical faculty who cured diseases, others wounds, and a third class the eyes? Do you suppose that geometry under Euclid and ! Archimedes, that music under Damon and Aristoxenus, that 1 grammar itself when Aristophanes and Callimachus treated of it, were so divided into parts, that no one comprehended j the universal system of any of those sciences, but different ! persons selected different parts on which they meant to bestow their labour? I have, indeed, often heard from my father and father-in-law, that even our own countrymen, who were ambitious to excel in renown for wisdom, were wont to comprehend all the objects of knowledge which this city had then learned. They mentioned, as an instance of this, Sextus iElius; and we ourselves have seen Manius Manilius walking across the forum ; a signal that he who did so, gave all the citizens liberty to consult him upon any subject; and to such persons, when thus walking or sitting at home upon their seats B B 370 DB ORATOKB ; OR, [b. III. of ceremony, all people had free access, not only to consult them upon points of civil law, but even upon the settlement of a daughter in marriage, the purchase of an estate, or the cultivation of a farm, and indeed upon any employment or business whatsoever. Such was the wisdom of the well- known elder Publius Crassus, such that of Titus Coruncanius, such that of the great-grandfather of Scipio, my son-in-law, a person of great judgment; all of whom were supreme pon- tiffs, so that they were consulted upon all affairs, divine and human ; and* the same men gave their counsel and dis- charged their duty in the senate, before the people, and in the private causes of their friends, in civil and military service, both at home and abroad. What was deficient in Marcus Cato, except the modern polish of foreign and ad- ventitious learning? Did he, because he was versed in the civil law, forbear from pleading causes'? or, because he could speak, neglect the study of jurisprudence? He laboured in both these kinds of learning, and succeeded in both. Was he, by the popularity which he acquired by attending to the business of private persons, rendered more tardy in the public service of the state? No man spoke with more courage before the people, none was ever a better senator; he was at the same time a most excellent commander-in- chief; and indeed nothing in those days could possibly be known or learned in this city which he did not investigate and thoroughly understand, and on which he did not also write. Now, on the contrary, men generally come to assume offices and the duties of public administration unarmed and defenceless; prepared with no science, nor any knowledge of business. But if any one happen to excel the multitude, he is elevated with pride by the possession of any single talent, as military courage, or a little experience in war, (which indeed has now fallen into decay,^) or a knowledge of the law, (not of the whole law, for nobody studies the pontifical law, which is annexed to civil jurisprudence,^) or eloquence, ^ For, except Metellus Numidicus and Marius, no one in those days had gained any great reputation by his conduct in the field. 2 Quod est conjunctum. That is, "conjunctum cum jure civili.** Proust. What Cicero says here is somewhat at variance with what he says, De Legg. ii. 19, where he shows, at some length, that only a small part of the civil law is necessary to be combined with the knowledge of the pontifical law. EUendt. C. XXXIV.] ON THE CHARACTER OF THE ORATOR. 371 ■ (which they imagine to consist in declamation and a torrent ^ of words.) while none have any notion of the alhance and ' affinity that connects all the liberal arts and sciences, and even the virtues themselves. "I XXX iV. " But to direct my remarks to the Greeks, (whom iwe cannot omit in a dissertation of this nature; for as exam- ples of virtue are to be sought among our own countrymen, so examples of learning are to be derived from them;) seven are said to have lived at one time, who were esteemed and denominated wise men. All these, except Thales of Miletus, ' had the government of their respective cities. Whose learning is reported, at the same period, to have been greater, or whose eloquence to have received more ornament from literature, than that of Pisislratus ? who is said to have been the first that arranged the books of Homer as we now have them, when they were previously confused. He was not indeed of any great service to the community, but was eminent for eloquence, at the same time that he excelled in erudition and liberal knowledge. What was the character of Pericles 1 — of whose power in speaking we have heard, that when he spoke for the good of his countiy against the incli- nations of the Athenians, that very severity with which he contradicted the favourites of the people, became popular and agreeable to all men ; and on whose lips the old comic poets declared, (even when they satirized him, as was then lawful to be done at Athens,) that the graces of per- suasion dwelt, and that there was such mighty energy in him that he left, as it were, certain stings in the minds of those !who listened to him. Yet no declaimer had taught him to bawl for hours by the water-clock, but, as we have it from tradition, the famous Anaxagoras of Clazomense, a man emi- nent in all the most valuable sciences, had instructed him. He, accordingly, excelling as he did in learning, judgment, md eloquence, presided at Athens forty years together over 3ivil and military affairs. What was the character of Critias, >r of Alcibiades ? They were not indeed useful members of lie state in which they lived, but were certainly men of earning and eloquence ; and were they not improved by con- versation with Socrates'? Who instructed Dion of Syracuse n every branch of learning 1 Was it not Plato ? The same llustrious philosopher, too, who formed him not to oratory bb2 372 DE ORATORE j OR, [b. Ill, only, but to courage and virtue, impelled, equipped, and armed him to deliver his country. Did Plato, then, instruct Dion in sciences different from those in which Tsocrates formed the renowned Timotheus the son of Conon the eminent general, and himself a most excellent commander, and a man of extensive learning? Or from those in which Lysis the Pythagorean trained Epaminondas of Thebes, who perhaps was the most remarkable man of all Gieece? Or from those which Xenophon taught Agesilaus, or Archytas of Tarentum Philolaus, or Pythagoras himself all that old province of Italy which was formerly called Great Greece? XXXY. I do not imagine that they were different ; for I see that one and the same course of study comprised all those branches of knowledge which were esteemed necessary for a man of learning, and one who wished to become eminent in civil administration ; and that they who had received this knowledge, if they had sufficient powers for speaking in public, and devoted themselves, without any impediment from nature, to oratory, became distinguished for eloquence. Aristotle himself, accordingly, when he saw Isocrates grow remarkable for the number and quality of his scholars, [be- cause he himself had diverted his lectures from forensic and civil causes to mere elegance of language,^] changed on a sudden almost his whole system of teaching, and quoted a verse from the tragedy of Philoctetes^ with a little alteration; for the hero said, that It was disgraceful for him to he silent while he allowed barbarians to speah; but Aristotle said that it was disgraceful for him to be silent while he allowed Isocrates to speah He therefore adorned and illustrated all philoso- phical learning, and associated the knowledge of things with practice in speaking. Nor did this escape the knowledge of that very sagacious monarch Philip, who sent for him as a tutor for his son Alexander, that he might acquire from the same teacher instructions at once in conduct and in language. Now, if any one desires either to call that philosopher, who instructs us fully in things and words, an orator, he may do 1 The words in brackets, says EUendt, are certainly spurious, for they could not possibly have been written by Cicero. In the original, quod ipse, &c., ipse necessarily refers to Aristotle, of whom what is here said could never have been true. 2 The Philoctetes of Euripides, as is generally supposed. C. XXXVI.] ON THE CHARACTER OF THE ORATOR. 373 SO without opposition from me ; or if he prefer to call that orator, of whom I speak as having wisdom lanited with eloquence, sl philosopher, I shall make no objection, provided it be allowed that neither his inability to speak, who under- stands his subject but cannot set it forth in words, nor his ignorance, to whom matter is wanting though words abound, can merit commendation ; and if I had to choose one of the two, I should prefer uneloquent good sense to loquacious folly. But if it be inquired which is the more eminent excellence, the palm is to be given to the learned orator ; and if they allow the same person to be a philosopher, there is an end of controversy ; but if they distinguish them, they will acknow- ledge their inferiority in this respect, that all their knowledge is inherent in the complete orator; but in the knowledge of the philosophers eloquence is not necessarily inherent ; which, though it may be undervalued by them, must of necessity be thought to give a finishing grace to their sciences." When Crassus had spoken thus, he made a pause for a while, and the rest kept silence. XXX YI. Cotta then observed, '^ I cannot indeed complain, Crassus, that you seem to me to have given a dissertation upon a different subject from that on which you had under- taken to speak ; for you have contributed to our conversation more than was either laid upon you by us, or given notice of by yourself But certainly it was the part that belonged to you, to speak upon the embellishments of language, and you had already entered upon it, and distributed the whole excellence of eloquence into four parts; and, when you had spoken upon the first two, as we indeed thought suffi- ciently, but, as you said yourself, cursorily and slightly, you had two others left : how we should speak, first, elegantly, and next, aptly. But when you were proceeding to these particulars, the tide, as it were, of your genius suddenly hurried you to a distance from land, and carried you out into the deep, almost beyond the view of us all ; for, em- bracing all knowledge of everything, you did not indeed teach it us, (for that was impossible in so short a space of time,) but,— I know not what improvement you may have made in the rest of the company, — as for myself, you have carried me altogether into the heart of the academy, in regard to which I could wish that that were true which 374 DE OEATORE j OR, [B. III. you have often asserted, that it is not necessary to consume our lives in it, but that he may see everything in it who only turns his eyes towards it : but even if the view be somewhat obscure, or I should be extraordinarily dull, I shall assuredly never rest, or yield to fatigue, until I understand their doubtful ways and arts of disputing for and against every question." Csesar then said, " One thing in your remarks, Crassus, struck me very much, that you said that he who did not learn anything soon, could never thoroughly learn it at all ; so that I can have no difficulty in making the trial, and either immediately understanding what you extolled to the skies in your observations, or, if I cannot do so, losing no time, as I may remain content with what I have already acquired." Here Sulpicius observed, ^^ I, indeed, Crassus, neither desire any acquaintance with your Aristotle, nor Carneades, nor any of the philosophers ; you may either imagine that I despair of being able to acquire their know- ledge, or that, as is really the case, I despise it. The ordinary knowledge of common affairs, and such as are litigated in the forum, is great enough for me, for attaining that degree of eloquence which is my object; and even in that narrow circle of science I am ignorant of a multitude of things, which I begin to study, whenever any cause in which I am to speak requires them. If, therefore, you are not now fatigued, and if we are not troublesome to you, revert to those particulars which contribute to the merit and splendour of language; particulars which I desired to hear from you, not to make me despair that I can ever possibly attain eloquence, but to make some addition to my stock of learning." XXXVII. " You require- of me," said Crassus, " to speak on matters which are very well known, and with which you, Sulpicius, are not unacquainted ; for what rhetorician has not treated of this subject, has not given instructions on it, has not even left something about it in writing 1 But I will com- ply with your request, and briefly explain to you at least such points as are known to me ; but I shall still think that you ought to refer to those who are the authors and inventors of these minute precepts. All speech, then, is formed of words, which we must first consider singly, then in composition; for there is one merit of language which lies in single words, another which is produced by words joined and compounded. C. XXXVIII.] ON THE CHARACTER OF THE ORATOR. 375 We shall therefore either use such words as are the proper and fixed names as it were of things, and apparently almost born at the same time with the things themselves ; or such as are metaphorical, and placed as it were in a situation foreign to i them ; or such as we invent and make ourselves. In regard then to words taken in their own proper sense, it is a merit in the orator to avoid mean and obsolete ones, and to use Buch as are choice and ornamental; such as have in them some fulness and force of sound. But in this kind oi 'proper words, selection is necessary, which must be decided in some measure by the judgment of the ear; in which point the mere habit of speaking well is of great effect. Even what is vulgarly said of orators by the illiterate multitude, He uses proper words, or Such a one uses improper words, is not the result of any acquired skill, but is a judgment arising from a natural sense of what is right ; in which respect it is ( no great merit to avoid a fault, (though it is of great im- portance to do so,) yet this is the ground- work, as it were, and foundation of the whole, namely, the use and command of proper words. But the superstructure which the orator himself is to raise upon this, and in which he is to display his art, appears to be a matter for us to examine and * illustrate. I XXXYIII. " There are three qualities, then, in a simple j word, which the orator may employ to illustrate and adorn [ his language ; he may choose either an unusual word, or one I that is new or metaphorical. Unusual words are generally of ancient date and fashion, and such as have been long out \ of use in daily conversation; these are allowed more freely i to poetical licence than to ours; yet a poetical word gives occasionally dignity also to oratory; nor would I shrink from I saying, with Ccelius, Qua tempestate Poenus in Italiam venit, ' At the season when the Carthaginian came into Italy :' nor \ proles, 'progeny;' nor suholes, 'offspring;' nor effari, 'to utter;' nor nuncupari, 'to declare;' nor, as you are in the habit of saying, Catulus, non rehar, 'I did not deem;' nor non opinabar, 'I did not opine;' nor many others, from which, if properly introduced, a speech assumes an air of greater grandeur. JVew words are such as are produced and ; formed by the speaker; either by joining words together, as these. 376 DE ORATORE • OR, [b. HI. Turn pavor sapientiam omnem mi exanimato expectorai, Then fear expels all wisdom from tlie breast Of me astonished ; or, Num non vis hujus me versutiloquas malitias ? Would you not have me dread his cunning malice ? for you see that versutiloquas and expectorai are words not newly produced, but merely formed by composition. But words are often invented, without composition, as the ex- pression of Ennius,^ Bii genitales, ' the genial gods ; ' or hac- carum uhertate incurviscere, ' to bend down with the fertile crop of berries.' " The third mode, that of using words in a metaphorical sense, is widely prevalent, a mode of which necessity was the parent, compelled by the sterility and narrowness of language ; but afterwards delight and pleasure made it frequent ; for as a dress was first adopted for the sake of keeping off the cold, but in process of time began to be made an ornament of the body, and an emblem of dignity, so the metaphorical use of words was originally invented on account of their paucity, but became common from the delight which it afforded. For even the countrymen say, gemmare vites, that ' the vines are budding;' luxuriem esse in kerhis, that ^ there is a luxuriancy in the grass ;' and loetas segetes, that ' there is a bountiful crop;' for when that which can scarcely be signified by its proper word is expressed by one used in a metaphorical sense, the similitude taken from that which we indicate by a foreign term gives clearness to that which we wish to be understood. These metaphors, therefore, are a species of borrowing, as you take from something else that which you have not of your own. Those have a greater degree of boldness which do not show poverty, but bring some accession of splendour to our lan- guage. But why should I specify to you either the modes of their production or their various kinds ? XXXIX. '^ A metaphor is a brief similitude contracted into a single word ; which word being put in the place of another, ^ All the editions retain ille senius, though universally acknowledged to be corrupt. The conjecture of Turnebus, ille Bnnius, has found mr)st favour ; that of Orellius, illud Ennii, is approved by EUendt. That the words dt genitales were used by Ennius appears from Servius on Virg. ^n. vi. 764. C. XL.] ON THE CHARACTER OF THE ORATOR. 377 as if it were in its own place, conveys, if the resemblance be acknowledged, delight; if there is no resemblance, it is con- demned. But such words should be metaphorically used as may make the subject clearer; as all these :^ Inhorrescit mare, Tenehrce conduplicantur, noctisque et nirabum occcBcat nigror, Flamma inter nuhes coruscat, coslum tonitru contremit, Grando mixta imhri largifluo subita prcecipitans cadit ; Undique omnes venti erumpunt, scevi existunt turbines ; Fervit cestu pelagus. The sea begins to shudder, Darkness is doubled ; and the black of night And of the tempest thickens ; fire gleams vivid ' Amid the clouds ; the heavens with thunder shake ; Hail mixed with copious rain sudden descends Precipitate ; from all sides every blast Breaks forth : fierce whirlwinds gather, and the flood Boils with fresh tumult. Here almost everything is expressed in words metaphori- cally adapted from something similar, that the description may be heightened. Or metaphors are employed that the whole nature of any action or design may be more signi- ficantly expressed; as in the case of him who indicates, by two metaphorical words, that another person was designedly obscure, in order that what he intended might not be under- stood, Quandoquidem is se circumvestit dictis, scepit seduld, Since thus he clothes himself around with words, And hedges constantly. " Sometimes, also, brevity is the object attained by meta- phor; as, Si telum manu fugit, ^If from his hand the javelin fled.' The throwing of a missile weapon unawares could not be described with more brevity in the proper words than it is signified by one used metaphorically. On this head, it often appears to me wonderful why all men are more delighted with words used in a metaphorical or foreign sense than in their own proper and natural signification. XL. For if a thing has not a name of its own, and a term peculiar to it, — as the pes, or ^ hawser,' in a ship ; nexum, a ' bond,' which is a ceremony performed with scales f divortium, a ^ divorce,' with ^ From Pacuvius. See Cic. Divin. i. 14. 2 See Smith's Diet, of Gr. and Rom. Ant., art. Nexwm, 378 DE ORATORE ; OR, [b. III. reference to a wife/ — necessity compels you to borrow from another what you have not yourself; but, even in the greatest abundance of proper words, men are much more charmed with such as are uncommon, if they are used metaphori- cally with judgment. This happens, I imagine, either because it is some manifestation of wit to jump over such expres- sions as lie before you, and catch at others from a greater distance; or because he who listens is led another way in thought, and yet does not wander from the subject, which is a very great pleasure ; or because a subject, and entire com- parison, is despatched in a single word ; or because every metaphor that is adopted with judgment, is directed imme- diately to our senses, and principally to the sense of sight, which is the keenest of them all. For such expressions as the odour of urbanity, the softness of humanity, the murmur of the sea, and sweetness of language, are derived from the other senses ; but those which relate to the sight are much more striking, for they place almost in the eye of the mind such objects as we cannot see and discern by the natural eyes. There is, indeed, nothing in universal nature, the proper name and term of which we may not use with regard to other matters; for whencesoever a simile may be drawn (and it may be drawn from anything), from thence a single word, which contains the resemblance, metaphorically applied, may give illustration to our language. In such metaphorical ex- pressions, dissimilitude is principally to be avoided ; as, Coeli ingentes fornices, The arch immense of heaven ; for though Ennius ^ is said to have brought a globe upon the stage, yet the semblance of an arch can never be inherent in the form of a globe. Vive, Ulixes, dum licet: Oculis jpostremum lumen radiatum rape :^ Live, live, Ulysses, while you may, and snatch, Snatch with thine eyes the last light shining on them. ^ Bivortium, in its proper sense, denoted the separation of roads or waters. 2 In his tragedy of Hecuba, ae is supposed by Hermann, ad Eurip Hec. p. 167. See Varro, L. L. v. p. 8. ^ Supposed by Bothe, Trag. Lat. Fragm. p. 278, to be from the Niptri* of Pacuvius. See Cic. Qusest. Acad. ii. 28. C. XL!.] ON THE CHARACTER OF THE ORATOR. 379 He did not say, cape, ' take,' nor pete, ^ seek.' for such ex- pressions might have implied delay, as of one hoping to live longer ; but rape, '• snatch,' a word which was peculiarly suit- able to what he had said before, dum licet, ^ while you may.' XLI. ^^ Care is next to be taken that the simile be not too far-fetched ; as, for ^ the Syrtis of his patrimony,' I should rather have said, ^ the rock ;' for ' the Charybdis of his posses- sions,' rather ' the gulf :' for the eyes of the mind are more easily directed to those objects which we have seen, than to those of which we have only heard. And since it is the greatest merit in a metaphorical word, that what is meta- phorical should strike the senses, all offensiveness is to be avoided in those objects to which the comparison must naturally draw the minds of the audience. T would not have it said that the republic was ' castrated ' by the death of Africanus ; I would not have Glaucia called ' the excrement of the senate ; ' for though there may be a resemblance, yet it is a depraved imagination in both cases that gives rise to such a comparison. I would not have the metaphor grander than the subject requires, as ^ a tempest of revelling;' nor meaner, as ' the revelling of the tempest.' I would not have the metaphorical be of a more confined sense than the proper and peculiar term would have been; as, Quidnam est, ohsecro, quid te adiri ahnutas ? ^ Why is it, prythee. that thou nodd'st us back From coming to thee ? Vetas, prohihes, ahsterres, ' forbid,' ^ hinder/ ' terrify/ had been better, because he had before said, Fly quickly hence, ^ Lest my contagion or my shadow fall On men of worth. Also, if you apprehend that the metaphor may appear too harsh, it may frequently be softened by prefixing a word or words to it ; as if, in old times, on the death of Marcus Cato, any one had said that the senate was left ' an orphan,' the ex- pression had been rather bold; but, ' so to speak, an orphan,' is somewhat milder; for a metaphor ought not to be too daring, 1 From the Thyestes of Ennius. Cic. Tusc. iii. 12. ^ Orellius's text has istim, which is considered to be the same aa istinc. See Victorius ad Cic. Ep. ad Div. vi 6. 380 DE ORATORE ; OR, [b. III. but of such a nature that it may appear to have been introduced into the place of another expression, not to have sprung into it ; to have come in by entreaty, and not by violence. And there is no mode of embellishment more effective as regards single words, nor any that throws a greater lustre upon lan- guage; for the ornament that flows from this figure does not consist merely in a single metaphorical word, but may be connected by a continuation of many, so that one thing may be expressed and another understood; as, Nor will I allow Myself again to strike the Grecian fleet On the same rock and instrument of ruin.* And this, You err, you err, for the strong reins of law Shall hold you back, exulting and confiding Too much in your own self, and make you bow Beneath the yoke of empire. Something being assumed as similar, the words which are proper to it are metaphorically transferred (as I termed it before) to another subject. XLII. '' This is a great ornament to language, but obscurity is to be avoided in it; for from this figure arise what are called eenigmas. Nor is this rule to be observed in single words only, but in phrases, that is, in a continuation of words. Nor have metonymy and hypallage^ their form from a single word, but from a phrase or sentence ; as, Grim Afric trembles with an awful tumult f where for the Africans is used Afric; not a word newly compounded, as in Mare saxifragis undis, ' The sea with its rock-breaking waves;' nor a metaphorical one, as, Mollitur mare, ' The sea is softened ;' but one proper name exchanged for another, for the sake of embellishment. Thus, ' Cease, Rome, thy foes to cherish,' and, * The spacious plains are witnesses.' This figure contributes exceedingly to the ornament of style, and is frequently to be used ; of which kind of expression these are examples : that the Mars, or fortune, of war is common ; and to say Ceres, for corn ; Bacchus, for wine ; Neptune, for * Whence this and the following quotation are taken is uncertain. 2 Traductio atque immutatio. See Cic. Orat. 27 ; Quint, viii. 6 ; ix. 3 ; infra, c. 43, 54. 3 From the Annals of Ennius. See Cic. Ep. ad Div. ix. 7 ; Orat. 27; Festus V. metonymia. aXLIII.] ON THE CHARACTER OF THE ORATOR. 381 the sea; the curia, or house, for the senate; the campus, for the comitia or elections ; the gown, for peace ; arms or weapons, for war. Under this figure, the virtues and vices are used for the persons in whom they are inherent : ' Luxury has broken into that house;' or, * whither avarice has penetrated;' or, ^honesty has prevailed;' or, ^justice has triumphed.' You per- ceive the whole force of this kind of figure, when, dy the variation or change of a word, a thing is expressed more elegantly; and to this figure is closely allied another,^ which, though less ornamental, ought not to be unknown ; as when we would have the whole of a thing understood from a part ; as we say walls or roof for a whole building; or a part from the whole, as when we call one troop the cavalry of the Roman people; or when we signify the plural by the sin- gular, as, But still the Roman, though the affair has been Conducted well, is anxious in his heart f or when the singular is understood from the plural, We that were Rudians once are Romaris now ; or in whatever way, by this figure, the sense is to be under- stood, not as it is expressed, but as it is meant. XLIIL " We often also put one word catachrestically for another, not with that elegance, indeed, which there is in a metaphor; but, though this is done licentiously, if is some- times done inoffensively ; as when we say a great speech for a long one, a minute soul for a little one. " But have you perceived that those elegances which arise from the connexion of several metaphors, do not, as I ob- served,^ lie in one word, but in a series of words ? But all those modes of expression which, I said, lay in the change of a word, or are to be understood differently from what is expressed, are in some measure metaphorical. Hence it hap- pens, that all the virtue and merit of single words consists in three particulars : if a word be antique, but such, however, as usage will tolerate ; if it be formed hy composition, or newly invented, where regard is to be paid to the judgment of the ear and to custom; or if it be used metaphorically, peou- ^ Synecdoche. ^ This quotation and the following are from the Annals of Ennius. 3 C. 41 332 DB oratore; or, [b. hi. liar i ties which eminently distinguish and brighten language, as with so many stars. " The composition of words follows next, which principally requires attention to two things; first, collocation, and, next, a certain modulation and /orm. To collocation it belongs to compose and arrange the words in such a way that their junction may not be rough or gaping, but compact, as it were, and smooth; .in reference to which qualities of style, the poet Lucilius, who could do so most elegantly, has expressed him- self wittily and sportively in the character of my father- in-law '} How elegantly are his words arranged ! All like square stones inserted skilfully In pavements, with vermiculated emblems ! And after saying this in ridicule of Albucius, he does not refrain from touching on me : I've Crassus for a son-in-law, nor think Yourself more of an orator. What then ? this Crassus, of whose name you, Lucilius, make such free use, what does he attempt? The very same thing indeed as Scsevola wished, and as I would wish, but with some- what better effect than Albucius. But Lucilius spoke jestingly with regard to me, according to his custom. However, such an arrangement of words is to be observed, as that of which I w^as speaking ; such a one as may give a compactness and coherence to the language, and a smooth and equal flow ; this you will attain if you join the extremities of the antecedent words to the commencements of those that follow in such a manner that there be no rough clashing in the consonants, nor wide hiatus in the vowels. XLIY. '^ Next to diligent attention to this particular, follows modulation and harmonious structure of the words; a point, I fear^ that may seem puerile to our friend Catulus here. The ancients, however, imagined in prose a harmony almost like that of poetry ; that is, they thought that we ought to adopt a sort of numbers; for they wished that there should be short phrases in speeches, to allow us to recover, and not lose our breath ; and that they should be distinguished, not by the marks of transcribers, but according to the modulation ^ Mucins Scsevola. He accused Albucius of extortion. C. XLV.J ON THE CHARACTER OF THE ORATOR. 383 of the words and sentences;^ and this practice Isocrates is said to have been the first to introduce, that he might (as his scholar Naucrates writes) 'confine the rude manner of speaking among those of antiquity within certain numbers, to give pleasure and captivate the ear.' For musicians, who were also the poets of former ages, contrived these two things as the ministers of pleasure, verse, and song; that they might banish satiety from the sense of hearing by gratifica- tion, arising from the numbers of language and the modulation of notes. These two things, therefore, (I mean the musical management of the voice, and the harmonious structure of words,) should be transferred, they thought, as far as the strictness of prose will admit, from poetry to oratory. On this head it is remarkable, that if a verse is formed by the composition of words in prose, it is a fault ; and yet we wish such composition to have a harmonious cadence, roundness, and finish, like verse; nor is there any single quality, out of many, that more distinguishes a true orator from an un- skilful and ignorant speaker, than that he who is unpractised pours forth all he can without discrimination, and measures out the periods of his speech, not with art, but by the power of his breath; but the orator clothes his thoughts in such a manner as to comprise them in a flow of numbers, at once confined to measure, yet free from restraint ; for, after restrict- ing it to proper modulation and structure, he gives it an ease and freedom by a variety in the flow, so that the words are neither bound by strict laws, as those of verse, nor yet have such a degree of liberty as to wander without control. XLV. " In what manner, then, shall we pursue so important an object, so as to entertain hopes of being able to acquire this talent of speaking in harmonious numbers'? It is not a matter of so much difficulty as it is of necessity ; for there is nothing so pliant, nothing so flexible, nothing which will so easily follow w^hithersoever you incline to lead it, as lan- guage; out of which verses are composed; out of which all the variety of poetical numbers; out of which also prose oi various modulation and of many difierent kinds ; for there is not one set of words for common discourse, and another for oratorical debate; nor are they taken from one class for daily conversation, and from another for the stage and for display; ^ Ellendt aptly refers to Cic. Orat. c. 68 ; Aristotle, Rhet. iii. 8. 6. 384 DE ORATORE ; OR, [B. III. but, when we have made our selection from those that lie before us, we form and fashion them at our pleasure like the softest wax. According, therefore, as we ourselves are grave, or subtle, or hold a middle course between both, so the form of our language follows the nature of our thoughts, and is changed and varied to suit every method by which we delight the ear or move the passions of mankind. But as in most things, so in language, Nature herself has wonderfully con- trived, that what carries in it the greatest utility, should have at the same time either the most dignity, or, as it often happens, the most beauty. We perceive the very system of the universe and of nature to be constituted with a view to the safety and preservation of the whole; so that the firmament should be round, and the earth in the middle, and that it should be held in its place by its own nature and tendency;^ that the sun should go round, that it should approach to the winter sign,^ and thence gradually ascend to the opposite region; that the moon, by her advance and retreat, should receive the light of the sun ; and that the five planets should perform the same revolutions by different motions and courses. This order of things has such force, that, if there were the least alteration in it, they could not possibly subsist together; and such beauty, that no fairer appearance of nature could even be imagined. Turn your thoughts now to the shape and figure of man, or even that of other animals ; you will find no part of the body fashioned without some necessary use, and the whole frame perfected as it were by art, not by chance. XLYI. How is it with regard to trees, of which neither the trunk, nor the boughs, nor even the leaves, are formed otherwise than to maintain and preserve their own nature, yet in which there is no part that is not beautiful? Or let us turn from natural objects, and cast our eyes on those of art ; what is so necessary in a ship as the sides, the hold,^ the prow, the stern, the yards, ^ Nutu. Compare Cic. De ITat. Deor. ii. 39. Ellendt thinks that by nutus is meant something similar to our centripetal force, 2 Brumale signum. The tropic of Capricorn. De Nat. Deor. iii. 14. ^ Cavernce. Some editions have carince, and Lambinus reads carina. If we retain caverncE, it is not easy to say exactly in what sense it should be taken. Servius, on Virgil, ^n. ii. 19, observes that the fustes curvi - navium, quibus extrinsecus fabulce affiguntur, were called cavernce ; but in this sense, as Ellendt observes, it is much the same with latera, I XLVir.] ON THE CHARACTER OF THE ORATOR. 385 the sails, the masts? which yet have so much beauty in their appearance, that they seem to have been invented not for safety only, but also for the delight afforded by the spectacle. Pillars support temples and porticoes, and yet have not more of utility than of dignity. It was not regard to beauty, but necessity, that contrived the cupola of the Capitol, and other buildings ; for when a plan was contemplated by which the water might run off from each side of the roof, the dignity of the cupola was added to the utility of the temple ; but in such a manner, that should the Capitol be built in heaven, where no rain can fall, it would appear to have no dignity without the cupola. It happens likewise in all parts of lan- guage, that a certain agreeableness and grace are attendant on utility, and, I may say, on necessity ; for the stoppage of the breath, and the confined play of the lungs, introduced periods and the pointing of words. This invention gives such gratification, that, if unlimited powers of breath were granted to a person, yet we could not wish him to speak without stopping ; for the invention of stops is pleasing to the ears of mankind, and not only tolerable, but easy, to the lungs. XLYII. ^' The largest compass of a period, then, is that which can be rounded forth in one breath. This is the bound set by nature ; art has other limits ; for as there is a great variety of numbers, your favourite Aristotle, Catulus, inclines to banish from oratorical language the frequent use of the iambus and the trochee ; which, however, fall of them- selves naturally into our common discourse and conversation ; but the strokes of time^ in those numbers are remarkable, and the feet short. He therefore principally invites us to tlie heroic measure, [of the dactyl, the anapaest, and the spondee ;] ^ in which we may proceed with impunity two which precedes. Ellendt himself, therefore, inclines to take it in the sense of cavitas alvei, " hold " or " keel," which, as it is divided into parts, may, he thinks, be expressed in the plural number. ^ Percussiones. The ictus metrici ; so called, because the musician, in beating time, struck the ground with his foot. In a senarius he struck the ground three times, once for every two feet ; whence there were said to be in such a verse three ictus or percussiones. But on pro- nouncing those syllables, at which the musician struck the ground, the actor raised his voice ; and hence ptrcussio was in Greek 6.pais, and the raised or accented syllables were said to be eu ^pcrei, the others being said to be in Q=(T€i. See Bentley de Metr. Terentian. init. Ernesti. 2 Madvig and Ellendt justly regard the words in brackets as spu- C C ^86 DE ORATORE ; OR, [b. III. feet only, or a little more, lest we plainly fall into verse, or the resemblance of verse ; Altos I smit gemi\nce quibus These three heroic feet fall in gracefully enough with the be- ginnings of continuations of words. But the pseon is most of all approved by Aristotle; it is of two kinds ;^ for it either , begins with a long syllable which three short syllables follow, as in these words, desmite, incipUe, comprlmite; or with a suc- cession of three short syllables, the last being produced and made long, as in these words, ddmiterdnt, sonipedes; and it is agreeable to the notions of that philosopher to commence w^ith the former pseon, and to conclude with the latter ; and this latter pseon is almost equal, not indeed in the number of the syllables, but by the measure of the ear, which is a more acute and certain method of judgment, to the cretic, which consists of a long, a short, and a long syllable ; as in this verse. Quid petdm prcesidi, aut exsequdr ? Quove nunc ? ^ With which kind of foot Fannius ^ began, Si, Qulrltes, Minds illius. This Aristotle thinks better adapted to conclusions of periods, which he wishes to be terminated generally by a syllable that is long. XLYIII. ^' But these numbers in oratory do not require such sharp-sighted care and diligence as that which must be used by poets, whom necessity compels, as do the very numbers and measures, so to include the words in versi- fication, as that no part may be, even by the least breath,^ shorter or longer than the metre absolutely demands. Prose has a more free scope, and is plainly, as it is called, soluta, unconfined, yet not so that it may fly off or wander without rious. I follow those critics also in reading Altce sunt gcmince quibusy though, as EUendt observes, Altce ought very likely to be Arce. Alices which is in most editions, made the passage utterly inexplicable, though Ernesti, Strebseus, and others did what they could to put some meaning into it. ^ The first and fourth only are meant. 2 C. 26 ; where Pearce observes that they are the words of Andro- mache in Ennius, according to Bentley on Tusc. Disp. iii. 19. ^ Caius Fannius Strabo, who was consul a.u.c. 632. He left one speech against Caius Gracchus : Cic. Brut. c. 26. * Ne sjpiritu quidem minimo. a XLIX.] ON THE CHAjRACTER OF THE ORATOR. 387 control, but may regulate itself without being absolutely in fetters ; for I agi'ee in this particular with Theophrastus, who thinks that style, at least such as is to a certain degree polished and well constructed,^ ought to be numerous, yet not: as in confinement, but at ease. For, as he suspects, from those feet of which the common hexameter verse is formed, grew forth afterwards the anapaestic, a longer kind of measure ; thence flowed the still more free and rich dithyramb, the members and feet of which, as the same writer observes, are diffused through all style, that is enriched with the distin- guishing ornaments of eloquence. And if that is numerous in all sounds and words, which gives certain strokes as it were, and which we can measure by equal intervals, this harmony of numbers, if it be free from sameness, will be justly con- sidered a merit in the oratorical style. Sinec if perpetual and ever-flowing loquacity, without any pauses, is to be thought rude and unpolished, what other reason is there why it should be disliked, except that Nature herself modu- lates the voice for the human ear? and this could not be the case unless numbers were inherent in the human voice. But in an uninterrupted continuation of sound there are no numbers ; distinction, and strokes at equal or often varied intervals, constitute numbers; which we may remark in the falling of drops of water, because they are distin- guished by intervals, but which we cannot observe in the rolling stream of a river. But as this unrestrained com- position of words ^ is more eligible and harmonious, if it be distinguished into parts and members, than if it be carried on without intermission, those members ought to be mea- sured by a certain rule of proportion; for if those at the end are shorter, the compass as it were of the words is made irregular; the compass,^ I say, for so the Greeks denominate these rounded divisions of style ; the subsequent clauses in a sentence, therefore, ought to be equal to the antecedent, the last to the first; or, which has a better and more pleasing effect, of a greater length. XLIX. '^ These precepts are given by those philosophers ^ Facta. That is, carefully laboured. See Brut. c. 8. Ellendt ^ Continuatio verhorum soluta. See above, near the beginning of thir chapter, oratio — vere soluta. ^ Ambitus. The Greek word is irepjodos. See Orat. c. 61, c c 2 388 DE oratore; or, [b.jii. to whom you, Catulus, have the greatest attachment; a re- mark which I the oftener make, that by referring to my authors, I may avoid the charge of impertinence." " Of what sort of impertinence T' said Catulus; "or what could be brought before us more elegant than this discussion of yours, or expressed more judiciously?" "But still I am afraid," said Crassus, " lest these matters should either appear to these youths^ too difficult for study, or lest, as they are not given in the common rules of instruction, I should appear to have an inclination that they should seem of more importance and difficulty than they really are." Catulus replied, " You are mistaken, Crassus, if you imagine that either I or any of the company expected from you those ordinary or vulgar precepts ; what you say is what we wished to be said ; and not so much indeed to be said, as to be 'said in the very manner m which you have said it; nor do I answer for myself only, but for all the rest, without the least hesitation." " And I," said Antonius, " have at length discovered such a one as, in the book which I wrote, I said that I had never found, a person of eloquence; but I never interrupted you, not even to pay you a compliment, for this reason, that no part of the short time allotted for your dis- course might be diminished by a single word of mine." "To this standard, then," proceeded Crassus, "is your style to be formed, as well by the practice of speaking, as by writing, which contributes a grace and refinement to other excellences, but to this in a more peculiar manner. Nor is this a matter of so much labour as it appears to be ; nor are our phrases to be governed by the rigid laws of the cul- tivators of numbers and music; and the only object for our endeavours is, that our sentences may not be loose or ram- bling, that they neither stop within too narrow a compass, nor run out too far ; that they be distinguished into clauses, and have well-rounded periods. Nor are you to use per- petually this fulness and as it were roundness of language, but a sentence is often to be interrupted by minuter clauses, which very clauses are still to be modulated by numbers. Nor let the pseon or heroic foot give you any alarm ; they will naturally come into your phrases ; they will, I say, offer themselves, and will answer without being called; only let it ^ Cotta and Sulpicius. t ] ON THE CHARACTER OF THE ORATOR. 389 be your care and practice, both in writing and speaking, that your sentences be concluded with verbs, and that the junction of those verbs with other words proceed with numbers that are long and free, especially the heroic feet, the first pseon, or the creticj but let the cadence be varied and diversified; for it is in the conclusion that sameness is chiefly remarked. And if these measures are observed at the beginning and at the conclusion of sentences, the intermediate numbers may be disregarded; only let the compass of your sentence not be shorter than the ear expects, nor longer than your strength and breath will allow. L. " But I think that the conclusions of periods ought to be studied more carefully than the former parts; because it is chiefly from these that the finish of style is judged; for in a verse, the commencement of it, the middle, and the ex- tremity are equally regarded ; and in whatever part it fails, it loses its force; but in a speech, few notice the beginnings, but almost all the closes, of the periods, which, as they are observable and best understood, should be varied, lest they be disapproved, either by the judgment of the understanding or by the satiety of the ear. For the two or three feet towards the conclusion are to be marked and noted, if the preceding members of the sentence were not extremely short and concise; and these last feet ought either to be trochees, or heroic feet, or those feet used alternately, or to consist of the latter pseon, of which Aristotle approves, or, what is equal to it, the cretic. An interchange of such feet will have these good effects, that the audience will not be tired by an offen- sive sameness, and that we shall not appear to make similar endings on purpose. But if the famous Antipater of Sidon,^ whom you, Catulus, very well remember, used to pour forth extempore hexameter and other verses, in various numbers and measures, and if practice had so much power in a man of great ability and memory, that whenever he turned his thoughts and inclinations upon verse, the words followed of course, how much more easily shall we attain this facility in oratory, when application and exercise are used ! ^^ Nor let any one wonder how the illiterate part of an audience observe these things when they listen to a speech ; ^ Some of whose epigrams are to be seen in the Greek Anthology. He flourished about 100 B.C. 390 DE oratore; or, [b. hi. since, in all other things, as well as in this, the force of nature is great and extraordinary ; for all men, by a kind of tacit sense, without any art or reasoning, can form a j adgment of what is right and wrong in art and reasoning; and as they do this with regard to pictures, statues, and other works, for under- standing which they have less assistance from nature, so they display this faculty much more in criticising words, numbers, and sounds of language, because these powers are inherent in our common senses, nor has nature intended that any person should be utterly destitute of judgment in these particulars. All people are accordingly moved, not only by words artfully arranged, but also by numbers and the sounds of the voice. How few are those that understand the science of numbers and measures ! yet if in these the smallest offence be given by an actor, so that any sound is made too short by contraction, or too long by extension, whole theatres burst into exclamations. Does not the same thing also happen with regard to musical notes, that not only whole sets and bands of musicians are turned out by the multitude and the populace for varying one from another, but even single performers for playing out of tune ? LI. " It is wonderful, when there is a wide interval of dis- tinction betwixt the learned and illiterate in acting, how little difference there is in judging ;^ for art, being derived from nature, appears to have effected nothing at all if it does not move and delight nature. And there is nothing which so naturally affects our minds as numbers and the harmony of sounds, by which we are excited, and inflamed, and soothed, and thrown into a state of languor, and often moved to cheer- fulness or sorrow; the most exquisite power of which is best suited to poetry and music, and was not, as it seems to me, undervalued by our most learned monarch Numa and our ancestors, (as the stringed and wind instruments at the sacred banquets and the verses of the Salii sufficiently indicate,) but was most cultivated in ancient Greece; [concerning which subjects, and similar ones, I could wish that you had chosen to discourse, rather than about these puerile verbal meta- phors !] ^ But as the common people notice where there is ^ See Cic. Brut. c. 49. 2 The words in brackets are condemned as spurious by aU the recent editors. c. lil] on the character of the orator. 391 anything faulty in a verse, so thqy are sensible of any lame- ness in our language; but they grant the poet no pardon; to us they show some indulgence; but all tacitly discern that what we have uttered has not its peculiar propriety and finish. The speakers of old, therefore, as we see some do at the present day, when they were unable to complete a circuit and, as it were, roundness of period, (for that is what we have recently begun, indeed, either to effect or attempt,) spoke in clauses consisting of three, or two words, or sometimes uttered only a single word at a time ; and yet in that infancy of our tongue they understood the natural gratification which the human ears required, and even studied that what they spoke should be expressed in correspondent phrases, and that they should take breath at equal intervals. LII. " I have now shown, as far as I could, what I deemed most conducive to the embellishment of language; for I have spoken of the merits of single words ; I have spoken of them in composition; I have spoken of the harmony of numbers and structure. But if you wish me to speak also of the form and, as it were, complexion of eloquence, there is one sort which has a fulness, but is free from tumour; one which is plain, but not without nerve and vigour ; and one which, par- ticipating of both these kinds, is commended for a certain middle quality. In each of these three forms there ought to be a peculiar complexion of beauty, not produced by the daubing of paint, but diffused throughout the system by the blood. Then, finally,^ this orator of ours is so to be finished as to his style and thoughts in general, that, as those who study fencing and poHte exercises, not only think it necessary to acquire a skill in parrying and striking, but also grace and elegance of motion, so he may use such words as are suited to elegant and graceful composition, and such thoughts as contribute to the impressiveness of language. Words and thoughts are formed in almost innumerable ways ; as is, I am sure, well known to you ; but betwixt the formation of words and that of thoughts there is this difference, that that of the ' Turn denique. Ellendt incloses turn in brackets, and thinks that much of the language of the rest of the chapter is confused and in- correct. The words lU ii, qui in armorum tractatione versantur, which occur a Uttle below, and which are generally condemned, are not translated. 392 DE oratore; or, [b. hi. words is destroyed if vou change them, that of the thoughts remains, whatever words you think proper to use. But I think that you ought to be reminded (although, indeed, you act agreeably to what I say) that you should not imagine there is anything else to be done by the orator, at least any- thing else to produce a striking and admirable effect, than to observe these three rules with regard to single words; to use frequently metaphorical ones, sometimes new ones, and rarely very old ones. " But with regard to continuous composition, when we have acquired that smoothness of junction and harmony of numbers which I have explained, our whole style of oratory is to be distinguished and frequently interspersed with bril- liant lights, as it were, of thoughts and of words. LIII. For the dwelling on a single circumstance has often a considerable effect; and a clear illustration and exhibition of matters to the eye of the audience, almost as if they were transacted before them. This has wonderful influence in giving a re- presentation of any affair, both to illustrate what is repre- sented, and to amplify it, so that the point which we amplify may appear to the audience to be really as great as the powers of our language can represent it. Opposed to this is rapid * transition over a thing, which may often be practised. There is also signification that more is to be understood than you have expressed ; distinct and concise brevity ; and extenuation^ and, what borders upon this, ridicule, not very different from that which was the object of Caesar's instructions ; and di- gression from the subject, and when gratification has thus been afforded, the return to the subject ought to be happy and elegant ; proposition of what you are about to say, transi- tion from what has been said, and retrogression; there is repetition; apt conclusion of reasoning; exaggeration, or sur- passing of the truth, for the sake of amplification or diminu- tion; interrogation^ and, akin to this, as it were, consultation or seeming inquiry^ followed by the delivery of your own opinion; and dissimulation, the humour of saying one thing and signifying another, which steals into the minds of men in a peculiar manner, and which is extremely pleasing when it is well managed, not in a vehement strain of language, but in a conversational style; also doubt; and distribution; and correction of yourself, either before or after j^ou have said C. LIV.] ON THE CHARACTER OF THE ORATOR. 393 a thing, or when you repel anything from your self; there is also premunition, with regard to what you are going to prove ; there is the transference of hlame to another person ; there is communication, or consultation, as it were, with the audience before whom you are speaking ; imitation of manners and character, either with names of persons or without, which is a great ornament to a speech, and adapted to conciliate the feelings even in the utmost degree, and often also to rouse them j the introduction of fictitious characters, the most height- ened figure of exaggeration; there is description; falling into a wilful mistake; excitement of the audience to cheerfulness; anticipation; comparison and example, two figures which have a very great effect; division; interruption; contention;^ suppression; commendation; a certain freedom and even un- controlledness of language, for the purpose of exaggeration; anger; reproach; promise; deprecation; beseeching; slight devia- tion from your intended course, but not like digression, which I mentioned before ; expurgation; conciliation; attach; wishing; execration. Such are the figures with which thoughts give lustre to a speech. LIY. "■ Of words themselves, as of arms, there is a sort of threatening and attack for use, and also a management for grace. For the reiteration of words has sometimes a peculiar force, and sometimes elegance; as well as the variation or deflexion of a word from its common signification ; and the frequent repetition of the same word in the beginning, and recurrence to it at the end, of a period ; forcible emphasis on the same words; conjunction;"^ adjunction;^ progression ;^ a sort of distinction as to some word often used ; the recal of a word ; the use of words, also, which end similarly, or have similar cadences, or which balance one another, or which correspond ^ Contentio. This is doubtless some species of comparison ; there is no allusion to it in the Orator. See ad Herenn. iv. 45. Ellendt. 2 Concursio. The writer ad Herenn. iv. 14, calls this figure traductio ; the Greeks (rvfiTrXoKT]. Ellendt. ^ Adjunctio. It appears to be that which Quintilian (ix. 3) calls (Tvj/€^€vyijL€uou, whcre several words are connected with the same verb. Ellendt. * Wh.s,t progressio is, no critic has been able to inform us, nor is there any notice of it in any other writer on rhetoric. I see no mode of explaining the passage, unless we take adjtmctio and progressio together, and suppose them to signify that the speech proceeds with several words in conjunction. Ellendt. 394 DE ORATOREj OR, [b. III. to one another. There is also a certain gradation, a conver- sion,^ an elegant exaggeration of the sense of words; there is antithesis, asyndeton, declination,^ reprehension,^ exclamation, diminution; the use of the same word in different cases ; the referring of what is derived from many particulars to each particular singly ; reasoning subservient to your proposition, and reasoning suited to the order of distribution; concession; and again another kind of doubt ;^ the introduction of some- thing unexpected; enumeration; another correction;^ division; continuation; interruption; imagery; answering your own ques- tions; immutation;^ disjunction; order; relation; digression;'^ and circumscription. These are the figures, and others like these, or there may even be more, which adorn language by peculiarities in thought or structure of style." LY. " These remarks, Crassus," said Cotta, " I perceive that you have poured forth to us without any definitions or examples, because you imagined us acquainted with them." " I did not, indeed," said Crassus, " suppose that any of the things which I previously mentioned were new to you, but acted merely in obedience to the inclinations of the whole company. But in these particulars the sun yonder admo- nished me to use brevity, which, hastening to set, compelled me also to throw out these observations almost too hastily. But explanations, and even rules on this head, are common, though the application of them is most important, and the most difficult of anything in the whole study of eloquence. ^ An antithetic position of words, as esse ut vivas, non vivere ut edas, Ellendt. 2 Declinatio, Called avTiiiera^oK^ by Quintilian, ix. 3. 85. 2 Eeprehensio. ^AfpopicrfJids or diopio-fids. Jul. Bufin. p. 207. Compare Quintil. ix. 2. 18 ; Em. p. 332. Ellendt. * How this kind of doubt differs from that which is mentioned in the preceding chapter, among the figures of thought, it is not easy to say. Ellendt. ^ Correctio verbi. Different from that which is mentioned above, in the middle of c. 53. Ellendt. ^ Called dXXotcaaLS by Quintilian, ix. 3. 92. Ellendt. 7 Digression has been twice mentioned before. Strebseus supposes it to be similar to {x^rd^affis or dTroffrporpij. I have no doubt that the word ought to be ejected. Circumscription Quintilian himself could not understand, and has excluded it from his catalogue of figures (ix. 3. 91). Ellendt. Most of the figures enumerated in this chapter are illustrated by the writer ad Herennium, b. iv., and by Quintilian, b. ix. 0. LVI.] ON THE CHARACTER OF THE ORATOR. 395 " Since, then, all the points which relate to all the orna- mental parts of oratory are, if not illustrated, at least pointed out, let us now consider what is meant by propriety, that is, what is most becoming, in oratory. It is, however, clear that no single kind of style can be adapted to every cause, or every audience, or every person, or every occasion. For capital causes require one style of speaking, private and inferior causes another; deliberations require one kind of oratory, panegyric another, judicial proceedings another, common con- versation another, consolation another, reproof another, dis- putation another, historical narrative another. It is of conse- quence also to consider who form the audience, whether the senate, or the people, or the judges; whether it is a large or a small assembly, or a single person, and of what character; it ought to be taken into account, too, who the speakers them- selves are, of what age, rank, and authority; and the time also, whether it be one of peace or war, of hurry or leisure. On this head, therefore, no direction seems possible to be given but this, that we adopt a character of style, fuller, plainer, or middling,^ suited to the subject on which we are to speak ; the same ornaments we may use almost constantly, but sometimes in a higher, sometimes in a lower strain; and it is the part of art and nature to be able to do what is becoming on every occasion ; to Tcnow what is becoming, and when, is an aifair of judgment. LYI. '^ But all these parts of oratory succeed according as they are delivered. Delivery, I say, has the sole and supreme power in oratory ; without it, a speaker of the highest mental capacity can be held in no esteem; while one of moderate abilities, with this qualification, may surpass even those of the highest talent. To this Demosthenes is said to have assigned the first place, when he was asked what was the chief requisite in eloquence; to this the second, and to this the third. For this reason, I am wont the more to admire what was said by ^schines, who, when he had retired from Athens, on account of the disgrace of having lost his cause, and betaken himself to Rhodes, is reported to have read, at the entreaty of the Rhodians, that excellent oration which he had spoken against Ctesiphon, in opposition to Demosthenes; and when he had concluded it, he was asked to read, next day, ^ Compare c. 52 iniU 396 DE oratore; or, [b.iii. that also which had been published by Demosthenes on the other side in favour of Ctesiphon ; and when he had read this too in a most pleasing and powerful tone of voice, and all expressed their admiration. How much more would you have admired it, said he, if you had heard him deliver it himself/ By this remark, he sufficiently indicated how much depends on delivery, as he thought the same speech would appear different if the speaker were changed. What was it in Grac- chus, — whom you, Catulus, remember better, — that was so highly extolled when I was a boy ^ Whither shall I, unhappy wretch, betake myself ? Whither shall I turn ? To the Capitol ? But that is drenched with the blood of my brother ! Or to my home, that I may see my distressed and afflicted mother in all the agony of lamentation ? These words, it was allowed, were uttered by him with such delivery, as to countenance, voice, and gesture, that his very enemies could not restrain their tears. I dwell the longer on these particulars, because the orators, who are the deliverers of truth itself, have neglected this whole department, and the players, who are only the imitators of truth, have taken possession of it. LYII. " In everything, without doubt, truth has the ad- vantage over imitation ; and if truth were efficient enough in delivery of itself, we should certainly have no need for the aid of art. But as that emotion of mind, which ought to be chiefly expressed or imitated in delivery, is often so confused as to be obscured and almost overwhelmed, the peculiarities which throw that veil over it are to be set aside, and such as are eminent and conspicuous to be selected. For every emo- tion of the mind has from nature its own peculiar look, tone, and gesture; and the whole frame of a man, and his whole countenance, and the variations of his voice, sound^ like strings in a musical instrument, just as they are moved by the affec- tions of the mind. For the tones of the voice, like musical chords, are so wound up as to be responsive to every touch, sharp, flat, quick, slow, loud, gentle; and yet, among all these, each in its kind has its own middle tone. From these tones, too, are derived many other sorts, as the rough, the smooth, the contracted, the broad, the protracted, and interrupted; ^ Sonant, As this word does not properly apply to vultus, the coun- tenance, Schutz would make some alteration in the text. But Miiller and others observe that such a zeugma is not uncommon. Bhi LVIII.] ON THE CHARACTER OF THE ORATOR. 397 e broken and divided, the attenuated and inflated, with varieties of modulation ; for there is none of these, or those that resemble them, which may not be influenced by art and management ; and they are presented to the orator, as colours to the painter, to produce variety. LYIII. " Anger, for instance, assumes a particular tone of voice, acute, vehement, and with frequent breaks : My impious brother drives me on, ah wretched ! To tear my children with my teeth ! ^ and in those lines which you, Antonius, cited awhile ago :^ Have you, then, dared to separate him from you ? and, Does any one perceive this ? Bind him and almost the whole tragedy of Atreus. But lamentation and bewailing assumes another tone, flexible, full, interrupted, in a voice of sorrow : as, Whither shall I now turn myself ? what road Shall I attempt to tread ? Home to my father, Or go to Pelias' daughters ? ^ • and this, father, my country, House of Priam ! and that which follows, All these did I behold en wrapt in flames, And life from Priam torn by violence.^ Fear has another tone, desponding, hesitating, abject: In many ways am I encompass'd round ! By sickness, exile, want. And terror drives All judgment from my breast, deprived of sense ! One threats my life with torture and destruction, And no man has so firm a soul, such boldness, But that his blood shrinks backward, and his look Grows pale with timid fear.^ Violence has another tone, strained, vehement, impetuous, with a kind of forcible excitement : ^ From the Atreus of Accius, whence also the next quotation but one is taken. See Tusc. Quaest. iv. 36. - See ii. 46. ^ From the Medea of Ennius. * From the Andromache of Ennius. See Tusc. Qusest. i. 35 ; iii. 19. ^ From the Alcmaeon of Ennius. 398 DE oratore; or, [b. hi. Again Thyestes comes to drag on Atreus : Again attacks me, and disturbs my quiet : Some greater storm, some greater ill by me Must be excited, that I may confound And crush his cruel heart. ^ Pleasure another, unconstrained, mild, tender, cheeiful, languid : But when she brought for me the crown design'd To celebrate the nuptials, 'twas to thee She ofPer'd it, pretending that she gave it To grace another ; then on thee she" placed it Sportive, and graceful, and with delicacy.^ Trouble has another tone ; a sort of gravity without lamenta- tion ; oppressed, as it were, with one heavy uniform sound : 'Twas at the time when Paris wedded Helen In lawless nuptials, and when I was pregnant, My months being nearly ended for delivery, Then, at that very time, did Hecuba Bring forth her latest offspring, Polydore. LIX. '^ On all these emotions a proper gesture ought to attend; not the gesture of the stage, expressive of mere w^ords, but one showing the whole force and meaning of a passage, not by gesticulation, but by emphatic delivery, by a strong and manly exertion of the lungs, not imitated from the theatre and the players, but rather from the camp and the palaestra. The action of the hand should not be too affected,^ but following the words rather than, as it were, expressing them by mimicry ; the arm should be considerably extended, as one of the weapons of oratory; the stamping of the foot should be used only in the most vehement efforts, at their commencement or conclusion. But all depends on the countenance; and even in that the eyes bear sovereign sway; and therefore the oldest of our countrymen showed the more judgment in not applauding even Roscius himself to any great degree when he performed in a mask ; for all the powers of action proceed from the mind, and the countenance is the image of the mind, and the eyes are its interpreters. This, indeed, is the only part of the body that can effectually ^ From the Atreus of Accius. See Tusc. Quaest. iii. 36; De Nat. Deor. iii. 20. 2 Whence this and the next quotation are taken is unknown. ^ Arguta. Argutice digitorvmi. Orat. c. 18. Manus inter agendmn argutce admodum et gestuosce. Aul. Gell. i 5. (J. LX.] ON THE CHARACTER OF THE ORATOR, 399 display as infinite a number of significations and changes, as there is of emotions in the soul ; nor can any speaker pro- duce the same effect with his eyes shut/ as with them open. Theophrastus indeed has told us, that a certain Tauriscus used to say, that a player who pronounced his part gazing on any particular object was like one who turned his back on the audience. 2 Great care in managing the eyes is there- fore necessary; for the appearance of the features is not to be too much varied, lest we fall into some absurdity or dis- tortion. It is the eyes, by whose intense or languid gaze, as well as by their quick glances and gaiety, we indicate the workings of our mind with a peculiar aptitude to the tenor of our discourse; for action is, as it were, the speech of the body, and ought therefore the more to accord with that of the soul. And Nature has given eyes to us, to declare our internal emotions, as she has bestowed a mane, tail, and ears on the horse and the lion. For these reasons, in our oratorical action, the countenance is next in power to the voice, and is influenced by the motion of the eyes. But in everything appertaining to action there is a certain force bestowed by Nature herself; and it is by action accordingly that the illiterate, the vulgar, and even barbarians themselves, are principally moved. For words move none but those who are associated in a participation of the same language ; and sensible thoughts often escape the understandings of senseless men; but action, which by its own powers displays the movements of the soul, affects all mankind ; for the minds of all men are excited by the same emotions, which they recognise in others, and indicate in themselves, by the same tokens. LX. " To effectiveness and excellence in delivery the voice doubtless contributes most; the voice, I say, which, in its full strength, must be the chief object of our wishes ; and next, whatever strength of voice we have, to cherish it. On this point, how we are to assist the voice has nothing to do with precepts of this kind, though, for my part, I think that we should assist it to the utmost. But it seems not un- ^ I follow EUendt in reading co7inivens, instead of contuens, the com- mon reading, which OreUius retains. 2 Aver sum. " Qui stet aversus k theatro, et spectatoribus tergum obvertat," Schutz. Of Tauriscus nothing is known. 400 DE ORATORE j OR, \ [b. III. suitable to the purport of my present remarks; to observe, as I observed a little while ago, ' that in most things what is most useful is, I know not how, the most becoming;' for^ nothing is more useful for securing power of voice,^^fehanr-tfie frequent variation of it; nothing more pernicious than an immoderate straining of it without intermission. And what is more adapted to delight the ear, and produce agreeableness of delivery, than change, variety, and alteration of tone? Caius Gracchus, accordingly, (as you may hear, Catulus, from your client Licinius, a man of letters, whom Gracchus formerly had for his amanuensis,) used to have a skilful person with an ivory pitch-pipe, to stand concealed behind him when he made a speech, and who was in an instant to sound such a note as might either excite him from too languid a tone, or recal him from one too elevated." " I have heard this before," said Catulus, " and have often admired the diligence of that great man, as well as his learning and knowledge." "And I, too," said Crassus; "and am grieved that men of such talents should fall into such miscarriages with regard to the commonwealth; although the same web is still being woven ;i and such a state of manners is advancing in the country, and held out to pos- terity, that we now desire to have citizens such as our fathers would not tolerate." " Forbear, Crassus, I entreat you," in- terposed Caesar, '' from this sort of conversation, and go back to Gracchus's pitch-pipe, of which I do not yet clearly \mder- stand the object." LXI. " There is in every voice," continued Crassus, " a certain middle key; but in each particular voice that key is peculiar. For the voice to ascend gradually from this key is advantageous and pleasing ; since to bawl at the beginning of a speech is boorish, and gradation is salutary in strength- ening the voice. There is also a certain extreme in the highest pitch, (which, however, is low^er than the shrillest cry,) to which the pipe will not allow you to ascend, but will recal you from too strained an effort of voice. There is also, on the other hand, an extreme in the lowest notes, to which, as being of a full sound, we by degrees descend. This variety and this gradual progression of the voice throughout all the notes, will preserve its powers, and add agreeableness to deli- * As to the state of the republic at that time, see i. 7. Ellendt, C. LXI.] ON THE CHARACTER OF THE ORATOR. 401 very. But you will leave the piper at home, and carry with you into the forum merely the intention of the custom. " I have said what I could, though not as I wished, but as \ the shortness of the time obliged me; for it is wise to lay thy blame upon the time, when you cannot add more even if you desired." ^' But," said Catulus, ''you have, as far as I can judge, brought together everything upon the subject, and that in so excellent a manner, that you seem not to have received instructions in the art from the Greeks, but to be able to instruct the Greeks themselves. I rejoice that I have been present at your conversation; and could wish that my son-in-law, your friend Hortensius,^ had also been present; who, I trust, will excel in all those good qualities of which you have treated in this dissertation." " Will excel!" exclaimed Crassus ; " I consider that he already excels. I had that opinion of him when he pleaded, in my consulship, the cause of Africa^ in the senate ; and I found myself still more con- firmed in it lately, when he spoke for the king of Bithynia.^ You judge rightly, therefore, Catulus; for I am convinced that nothing is wanting to that young man, on the part either of nature or of learning. You, therefore, Cotta, and you, Sulpicius, must exert the greater vigilance and industry ; for he is no ordinary orator, who is springing up to rival those of your age ; but one of a penetrating genius, and an ardent attachment to study, of eminent learning, and of singular powers of memory; but, though he is a favourite of mine, I only wish him to excel those of his own standing; for to desire that he, who is so much younger,^ should outstrip you, is hardly fair. But let us now arise, aad refresh our- selves, and at length relieve our minds and attention from this fatiguing discussion." ^ The orator afterwards so famous. 2 He pleaded this cause, observes Ellendt, at the age of nineteen; but the nature of it, as -well as that of the king of Bithjnia, is un- known. ^ He was ten years younger than Cotta and Sulpicius. Brut. c. 88. Ellendt. END OF "DE ORATORE." D D BEUTUS; OR, REMARKS ON EMINENT ORATORS. ARGUMENT. This treatise was the fruit of Cicero's retirement, during the remains of the civil war in Africa, and was composed in the form of a dialogue. It contains a few short, but very masterly sketches of all the speakers who had flourished either in Greece or Rome, with any reputation of eloquence, down to his own time ; and 8.s he generally touches the principal incidents of their lives, it will be considered, by. an attentive reader, as a concealed epitome of the Roman history. The conference is supposed to have been held with Atticus, and their common friend Brutus, in Cicero's garden at Rome, under the statue of Plato, whom he always admired, and usually imitated in his Dialogues. I. When I had left Cilicia, and arrived at Rhodes, word was brought me of the death of Hortensius. I was more affected with it than, I believe, was generally expected; for, by the loss of my friend, I saw myself for ever deprived of the pleasure of his acquaintance, and of our mutual intercourse of good offices. I likewise reflected, with concern, that the dignity of our college must suffer greatly by the decease of such an eminent augur. This reminded me that he was the person who first introduced me to the college, where he attested my qualification upon oath, and that it was he also who installed me as a member; so that I was bound by the constitution of the order to respect and honour him as a parent. My affliction was increased, that, in such a deplorable dearth of wise and virtuous citizens, this excellent man, my faithful associav':e in the service of the public, expired at the very time when the commonwealth could least spare him, and when we had the greatest reason to regret the want of his prudence and authority. I can add, very sincerely, that in him I lamented the loss, not (as most people imagined) of a dangerous rival who opposed my reputation, but of a generous associate who engaged with me in the pursuit of fame. For if we have instances in history, though in studies of less BRUTQS ; OR^ REMARKS ON EMmENT ORATORS. 408 importance, that some distinguished poets have been greatly alllicted at the death of their contemporary bards, with what tender concern should I honour the memory of a man with whom it is more glorious to have disputed the prize of eloquence, than never to have combated as an antagonist, especially as he was always so far from obstructing my endea- vours, or I Ais, that, on the contrary, we mutually assisted each other with our credit and advice 1 But as he, who had a perpetual run of felicity,^ left the world at a happy moment for himself, though a most unfortunate one for his fellow- citizens, — and died when it would have been much easier for him to lament the miseries of his country than to assist it, after living in it as long as he could have lived with honour and reputation, — we may, indeed, deplore his death as a heavy loss to U8 who survive him. If, however, we consider it merely as a personal event, we ought rather to congra- tulate his fate than to pity it; that, as often as we revive the memory of this illustrious and truly happy man, we may appear at least to have as much affection for him as for our- selves. For if we only lament that we are no longer pjermitted to enjoy him, it must, indeed, be acknowledged that this is a heavy misfortune to u^; which it however becomes us to support with moderation, lest our sorrow should be suspected to arise from motives of interest, and not from friendship. But if we afflict ourselves, on the supposition that he was the sufferer, we misconstrue an event, which to him was certainly a very happy one. II. If Hortensius were now living, he would probably regTet I many other advantages in common with his worthy fellow- i citizens. But when he beheld the forum, the great theatre in which he used to exercise his genius, no longer accessible to ; that accomplished eloquence which could charm the ears of a Roman or a Grecian audience, he must have felt a pang of which none, or at least but few, besides himself could be ' susceptible. Even / indulge heartfelt anguish, when I behold I .my country no longer supported by the talents, the wisdom, and the authority of law, — the only weapons which I have ^ Quoniam perpetud quddam felicitate usus ille, cessit e vitd, suo magis quam suorum cimum tempore. This fine sentiment, conveyed in such elegant language, carries an allusion to the conversation of Solon svith Croesus, in which the former maintained the seeming paradox, that he alone can be deemed happy who meets a happy death. See Herod. Clio, 32. D D 2 404 BRUTUS ; OR, learned to wield, and to which I have long been accustomed, and which are most suitable to the character of an illustrious citizen, and of a virtuous and well-regulated state. But if there ever was a time when the authority and eloquence of an honest individual could have wrested their arms from the hands of his distracted fellow-citizens, it was then when the proposal of a compromise of our mutual differences w^as rejected, by the hasty imprudence of some and the timorou? mistrust of others. Thus it happened, among other mis- fortunes of a more deplorable nature, that when my declining age, after a life spent in the service of the public, should have reposed in the peaceful harbour, not of an indolent and total inactivity, but of a moderate and honourable retirement, and when my eloquence was properly mellowed and had acquired its full maturity; — thus it happened, I say, that recourse was then had to those fatal arms, which the persons who had learned the use of them in honourable conquest could no longer employ to any salutary purpose. Those, therefore, appear to me to have enjoyed a fortunate and happy life, (of whatever state they were members, but especially in ours,) who, together with their authority and reputation, either for their military or political services, are allowed to enjoy the advantages of philosophy; and the sole remembrance of them, in our present melancholy situation, was a pleasing relief to me, when we lately happened to mention them in the course of conversation. III. For, not long ago, when I was walking for my amuse- ment in a private avenue at home, I was agreeably interrupted by my friend Brutus and Titus Pomponius, who came, as indeed they frequently did, to visit me, — two worthy citizens, who were united to each other in the closest friendship, and were so dear and so agreeable to me, that on the first sight of them, all my anxiety for the commonwealth subsided. After the usual salutations, "Well, gentlemen," said I, "how go the times? What news have you brought f " None," replied Brutus, " that you would wish to hear, or that I can venture to tell you for truth." " No," said Atticus ; " we are come with an intention that all matters of state should be dropped, and rather to hear something from you, than to say anything which might serve to distress you." " Indeed," said I, " your company is a present remedy for my sorrow ; and your letters, when absent, were so encouraging, that they first revived REMARKS ON EMINENT ORATORS. 405 my attention to my studies." " I remember," replied Atticus, " that Brutus sent you a letter from Asia, which I read with infinite pleasure ; for he advised you in it like a man of sense, and gave you every consolation which the warmest friendship could suggest." " True," said I ; ^^ for it was the receipt of that letter which recovered me from a growing indisposition, to behold once more the cheerful face of day; and as the Roman state, after the dreadful defeat near Cannse, first raised its drooping head by the victory of Marcellus at Nola, which was succeeded by many other victories, so, after the dismal wreck of our affairs, both public and private, nothing occurred to me, before the letter of my friend Brutus, which I thought to be worth my attention, or which contributed, in any degree, to ease the anxiety of my heart." " That was certainly my intention," answered Brutus; " and if I had the happiness to succeed, I was sufficiently rewarded for my trouble. But I could wish to be informed what you received from Atticus, which gave you such uncommon pleasure." " That," said I, " which not only entertained mOj but I hope has restored me entirely to myself" " Indeed ! " replied he ; *^ and what mi- raculous composition could that be ? " " Nothing," answered I, " could have been a more acceptable or a more seasonable present than that excellent treatise of his, which roused me from a state of languor and despondency." "You mean,' said he, "his short and, I think, very accurate abridgement of universal history." " The very same," said I ; " for that little treatise has absolutely saved me." TV. " I am heartily glad of it," said Atticus ; " but what could you discover in it which was either new to you or so won- derfully beneficial as you pretend 1 " " It certainly furnished many hints," said I, " which were entirely new to me ; and the exact order of time which you observed through the whole, gave me the opportunity I had long wished for, of beholding the history of all nations in one regular and com- prehensive view. The attentive perusal of it proved an excel- lent remedy for my sorrows, and led me to think of attempt- ing something on your own plan, partly to amuse myself, and partly to return your favour by a grateful, though not an equal, acknowledgment. We are commanded, it is true, in that precept of Hesiod, so much admired by the learned, to return with the same measure we have received, or, if possible, with a larger. As to a friendly inclination, I shall certainly 406 BRUTUS ; OR, return you a full proportion of it; but as to a recompense in kind, I confess it to be out of my power, and therefore hope you will excuse me; for I have not, as husbandmen are accustomed to have, gathered a fresh harvest out of which to repay the kindness^ I have received; my whole harvest having sickened and died, for want of the usual manure; and as little am I able to present you with anything from those hidden stores which are now consigned to perpetual darkness, and to which I am denied all access, though formerly I was almost the only person who was able to command them at pleasure. I must, therefore, try my skill in a long-neglected and uncultivated soil; which I will endeavour to improve with so mach care, that I may be able to repay your liberality with interest; provided my genius should be so happy as to resemble a fertile field, which, after being suffered to lie fallow a considerable time, produces a heavier crop than usual." " Very w^ell," replied Atticus, " I shall expect the fulfilment of your promise ; but I shall not insist upon it till it suits your convenience, though, after all, I shall certainly be better pleased if you discharge the obligation." *' And I also," said Brutus, " shall expect that you perform your promise to my friend Atticus ; nay, though I am only his voluntary solicitor, I shall, perhaps, be very pressing for the discharge of a debt which the creditor himself is willing to submit to your own choice." Y. " But I shall refuse to pay you," said I, '^unless the original creditor takes no further part in the suit." " This is more than I can promise," replied he ; '^ for I can easily fore- see that this easy man, who disclaims all severity, will urge his demand upon you, not indeed to distress you, but yet with earnestness and importunity." ^' To speak ingenuously," said Atticus, ^' my friend Brutus, I believe, is not much mis- taken ; for as I now find you in good spirits for the first time, after a tedious interval of despondency, I shall soon make bold to apply to you ; and as this gentleman has promised his assistance to recover what you owe me, the least I can do is to solicit, in my turn, for what is due to him." '' Explain your meanii:ig," said I. " I mean," replied he, *^ that you must write something to amuse us; for your pen has been ^ Non enim ex nOvis, ut agricolce solent, fructihus est, unde tibi reddam quod accepi. The allusion is to a farmer, who, in time of necessity, borrows corn or fruit of his more opulent neighbour, which he repays in kind as soon as his harvest is gathered home. Cicero was not, he .says, in a situation to make a similar return. REMARKS OX EMINENT ORATORS. 407 totally silent this long time; and since your treatise on politics, we have had nothing from you of any kind, though it was the perusal of that which fired me with the ambition to write an abridgement of univei-sal history. But we shall, however, leave you to answer this demand when and in what manner you shall think most convenient. At present, if you are not otherwise engaged, you must give us your sentiments on a subject on which we both desire to be better informed." "And what is that V said I. " A work which you had just begun," replied he, " when I saw you last at Tusculanum, — the History of Eminent Orators, — when they made their ap- pearance, and who and what they were ; w^hich furnished such an agreeable train of conversation, that when I related the substance of it to your, or I ought rather to have said owr common, friend Brutus, he expressed an ardent desire to hear the whole of it from your own mouth. Knowing you, there- fore, to be at leisure, we have taken the present opportunity to wait upon you ; so that, if it is really convenient, you will oblige us both by resuming the subject." '' Well, gentlemen," said I, " as you are so pressing, I will endeavour to satisfy you in the best manner I am able." '• You are able enough," replied he ; '^ only unbend, or rather, if possible, set at full liberty your mind." " If I remember right," said I, '' Atticus. what gave rise to the conversation was my observing that the cause of Deiotarus, a most excellent sovereign and a faithful ally, was pleaded by our friend Brutus, in my hearing, with the greatest elegance and dignity." VI. '' True," replied he; '^and you took occasion, from the ill-success of Brutus, to lament the loss of a fair administration of justice in the forum." " I did so," answered I, " as indeed I frequently do; and whenever I see you, my Brutus, I am concerned to think where your wonderful genius, your finished erudition, and unparalleled industry will find a theatre to display themselves. For after you had thoroughly improved your abilities, by pleading a variety of important causes, and when my declining vigour was just giving way and lowering the ensigns of dignity to your more active talents, the liberty of the state received a fatal overthrow, and that eloquence, of which we are now to give the history, was condemned to per- petual silence." '• Our other misfortunes," replied Brutus, '^ I lament sincerely, and I think I ought to lament them; but as to eloquence, I am not so fond of the influence and the glory 408 BRUTUS; OR, it bestowSj as of the study and the practice of it, whicli nothing can deprive me of, while you are so well disposed to assist me; for no man can be an eloquent speaker who has not a clear and ready conception. Whoever, therefore, applies himself to the study of eloquence, is at the same time im- proving his judgment, which is a talent equally necessary in all military operations." " Your remark," said I, " is very just; and I have a higher opinion of the merit of eloquence, because, though there is scarcely any person so diffident as not to persuade himself that he either has or may acquire every other accomplishment which formerly could have given him consequence in the state, I can find no person who has been made an orator by the success of his military prowess. But that we may carry on the conversation with greater ease, let us seat ourselves." As my visitors had no objection to this, we accordingly took our seats in a private lawn, near a statue of Plato. Then resuming the conversation, — " To recommend the study of* eloquence," said I, " and describe its force, and the great dignity it confers upon those who have acquired it, is neither our present design, nor has any neces- sary connexion with it. But I will not hesitate to affirm, that vvhether it is acquired by art or practice, or the mere powers of nature, it is the most difficult of all attainments ; for each of the five branches of which it is said to consist, is of itself a very important art; from whence it may easily be conjectured how great and arduous must be the profession which unites and comprehends them all. VII. '^ Greece alone is a sufficient witness of this ; for though she was fired with a wonderful love of eloquence, and has long since excelled every other nation in the practice of it, yet she had all the rest of the arts much earlier; and had not only invented, but even completed them, a considerable time before she was mistress of the full powers of elocution. But when I direct my eyes to Greece, your beloved Athens, my Atticus, first strikes my sight, and is the brightest object in my view; for in that illustrious city the orator first made his appearance, and it is there we shall find the earhest records of eloquence, and the first specimens of a discourse conducted by rules of art. But even in Athens there is not a single production now extant which discovers any taste for ornament, or seems to have been the effort of a real orator, before the time of Pericles (whose name is prefixed to some orations which still I REMARKS ON EMINENT ORATORS. 409 remain) and his contemporary Thucydides ; who flourished, not in the infancy of the state, but when it had arrived at its full maturity of power. It is, however, supposed, that Pisistratus, (who lived many years before.) together with Solon, who was something older, and Clisthenes, who survived them both, were very able speakers for the age they lived in. But some years after these, as may be collected from the Attic annals, came Themistocles, who is said to have been as much distinguished by his eloquence as by his political abili- ties ] and after him the celebrated Pericles, who, though adorned with every kind of excellence, was most admired for his talents as a speaker. Cleon also, their contem- porary, though a turbulent citizen, w^as allowed to be a tolerable orator. These were immediately succeeded by Alcibiades, Critias, and Theramenes ; the character of their eloquence may be easily inferred from the writings of Thucy- dides, who lived at the same time ; their discourses were nervous and stately, full of sententious remarks, and so exces- sively concise as to be sometimes obscure. VIII. '' But as soon as the force of a reg-ular and well- adjusted style was understood, a crowd of rhetoricians immedi- ately appeared, — such as Gorgias the Leontine, Thrasymachus the Chalcedonian, Protagoras the Abderite, and Hippias the Elean, who w^ere all held in great esteem, — with many others of the same age, who professed (it must be owned rather too arrogantly) to teach their scholars how the worse might he made, by the force of eloquence, to appear the better cause. But these were openly opposed by Socrates, who, by a subtle method of arguing peculiar to himself, took every opportunity to refute the principles of their art. His instructive confer- ences produced a number of intelligent men, and Philosophy is said to have derived her birth from him; not the doctrine of Physics, which was of an earlier date, but that Philosophy which treats of men and manners, and of the nature of good and evil. But as this is foreign to our present subject, Ave must defer the philosophers to another opportunity, and return t® the orators, from whom I have ventured to make a short digression. When the professors, therefore, above- mentioned, were in the decline of life, Isocrates made his appearance, whose house stood open to all Greece as the school of eloquence. He was an accomplished orator, and an excellent teacher ; though he did not display his talents in the 410 BRUTUS ; OR, splendour of the forum, but cherished and improved within ' the walls of an obscure academy, that glory which, in my opinion, no orator has since acquired. He composed many valuable specimens of his art, and taught the principles of it to others ; and not only excelled his predecessors in every part of it, but first discovered that a certainr hythm and modu- lation should be observed in prose, care being taken, however, to avoid making verses. Before him, the artificial structure and harmony of language was unknown ; — or, if there are any traces of it to be discovered, they appear to have been made without design ; which, perhaps, will be thought a beauty ; but whatever it may be deemed, it was, in the present case, the effect rather of native genius, or of accident, than of art and observation. For Nature herself teaches us to close our sentences within certain limits ; and when they are thus con- fined to a moderate flow of expression, they will frequently have an harmonious cadence ; for the ear alone can decide what is full and complete, and what is deficient; and the course of our language will necessarily be regulated by our breath, in which it is excessively disagreeable, not only to fail, but even to labour. IX. " After Isocrates came Lysias, who, though not personally engaged in forensic causes, was a very accurate and elegant composer, and such a one as you might almost venture to pronounce a complete orator; for Demosthenes is the man who approaches the character so nearly, that you may apply it to him without hesitation. No keen, no artful turns could have been contrived for the pleadings he has left behind him, which he did not readily discover; nothing could have been expressed with greater nicety, or more clearly and poignantly, than it has been already expressed by him; and nothing greater, nothing more rapid and forcible, nothing adorned with a nobler elevation, either of language or sentiment, can be conceived, than what is to be found in his orations. He was soon rivalled by his contemporaries Hyperides, ^schines, Lycurgus, Dinarchus, and Demades, (none of whose writings are extant,) with many others that might be mentioned ; for this age was adorned with a profusion of good orators ; and to the end of this period appears to me to have flourished that vigorous and blooming eloquence, w^hich is distinguished by a natural beauty of composition, without disguise or affec- tation. When these orators were in the decline of life, they REMARKS OX EMINENT ORATORS. 411 were succeeded by Phalereus, then in the prime of youth. He indeed surpassed them all in learning, but was fitter to appear on the parade, than in the field ; and, accordingly, he rather pleased and entertained the Athenians, than inflamed their passions ; and marched forth into the dust and heat of the forum, not from a weather-beaten tent, but from the shady recesses of Theophrastus, a man of consummate erudition. He was the first who relaxed the force of Eloquence, and gave her a soft and tender air ; and he rather chose to be agree- able, as indeed he was, than great and striking ; but agreeable in such a manner as rather charmed, than warmed the mind of the hearer. His greatest ambition was to impress his audience with a high opinion of his elegance, and not, as Eupolis relates of Pericles, to animate as well as to please, X. '• You see, then, in the very city in which Eloquence was born and nurtured, how late it was before she grew to maturity; for before the time of Solon and Pisistratus, we meet with no one who is so much as mentioned as an able speaker. These, indeed, if we compute by the Roman date, may be reckoned very ancient : but if by that of the Athe- nians, we shall find them to be moderns. For though they flourished in the reign of Servius Tullius, Athens had then subsisted much longer than Rome has at present. I have not, however, the least doubt that the power of eloquence has been always more or less conspicuous. For Homer, we may suppose, would not have ascribed such superior talents of elocution to Ulysses and Nestor, (one of whom he celebrates for his force, and the other for his sweetness,) unless the art of speaking had then been held in some esteem ; nor could the poet himself have attained a style so finished, nor exhibited such fine specimens of oratory, as we actually find in him. The time, indeed, in which he lived is undetermined ; but we are certain that he flourished many years before Romulus, and a? early at least as the elder^ Lycurgus, the legislator of the Spartans. But a more particular attention to the art, ana a greater ability in the practice of it, may be observed in Pisis- tratus. He was succeeded in the following century by The- mistocles, who, according to the Roman date, was a person of the remotest antiquity ; but according to that of the Athe- nians, he was almost a modern. For he lived when Greece ^ SupeHorem. So called, as Orellius observes, to distinguish him from Lycurgus the Athenian orator, mentioned in the preceding chapter. 412 BRUTUS ; OR, was in the height of her power, and when the city of Rome had but lately been emancipated from the shackles of regal tyranny; for the dangerous war with the Yolsci, who were headed by Coriolanus (then a voluntary exile), happened nearly at the same time as the Persian war; and we may add, that the fate of both commanders was remarkably similar. Each of them, after distinguishing himself as an excellent citizen, being driven from his country by the insults of an ungrateful people, went over to the enemy; and each of them repressed the efforts of his resentment by a voluntary death. For though you, my Atticus, have represented the death of Corio- lanus in a dififerent manner, you must pardon me if I do not subscribe to the justness of your representation." XL " You may use your pleasure," replied Atticus, with a smile; '^ for it is the privilege of rhetoricians to exceed the truth of history, that they may have an opportunity of em- bellishing the fate of their heroes : and accordingly, Clitarchus and Stratocles have entertained us with the same pretty fiction about the death of Themistocles, which you have in- vented for Coriolanus. Thucydides, indeed, who was himself an Athenian of the highest rank and merit, and lived nearly at the same time, has only informed us that he died, and was privately buried in Attica, adding, that it was suspected by some that he had poisoned himself. But these ingenious writers have assured us, that, having slain a bull at the altar, he caught the blood in a large bowl, and, drinking it off, fell suddenly dead upon the ground. For this species of death had a tragical air, and might be described with all the pomp of rhetoric ; whereas the ordinary way of dying afforded no opportunity for ornament. As it will, therefore, suit your purpose, that Coriolanus should resemble Themistocles in everything. I give you leave to introduce the fatal bowl ; and you may still farther heighten the catastrophe by a solemn sacrifice, that Coriolanus may appear in all respects to have been a second Themistocles." ^^I am much obliged to you," said I, ^^ for your courtesy ; but, for the future, I shall be more cautious in meddling with history when* you are present ; whom I may justly commend as a most exact and scrupulous relator of the Roman history ; but nearly at the time we are speaking of (though somewhat later) lived the above-men- tioned Pericles, the illustrious son of Xantippus, who first improved his eloquence by the friendly aids of literature ; — REMARKS ON EMINENT ORATORS. 413 not that kind of literature which treats professedly of the art of speaking, of which there was then no regular system ; but after he had studied under Anaxagoras, the naturalist, he directed with alacrity his attention from abstruse and intricate speculations to forensic and popular debates. All Athens was charmed with the sweetness of his language, and not only admired him for his fluency, but was awed by the superior force and terrors of his eloquence. XII. *' This age, therefore, which may be considered as the infancy of the art, furnished Athens with an orator who almost reached the summit of his profession ; for an emulation to shine in the forum is not usually found among a people who are either employed in settling the form of their govern- ment, or engaged in war, or struggling with difficulties, or subjected to the arbitrary power of kings. Eloquence is the attendant of peace, the companion of ease and prosperity, and the tender offspring of a free and well-established constitu- tion. Aristotle, therefore, informs us, that when the tyrants were expelled from Sicily, and private property, after a long interval of servitude, was secured by the administration of justice, the Sicilians, Corax and Tisias, (for this people, in general, were very quick and acute, and had a natural turn for disquisition,) first attempted to write precepts on the art of speaking. Before them, he says, no one spoke by prescribed method, conformably to rules of art, though many discoursed very sensibly, and generally from written notes ; but Prota- goras took the pains to compose a number of dissertations, on such leading and genej-al topics as are now called common places. Gorgias, he adds, did the same, and wrote panegyrics and invectives on every subject ; for he thought it was the province of an orator to be able either to exaggerate, or extenuate, as occasion might require. Antiphon the Rham- nusian composed several essays of the same species ; and (according to Thucydides, a very respectable writer, who was present to hear him) pleaded a capital cause in his own defence, with as much eloquence as had ever yet been dis- played by any man. But Lysias was the first who openly professed the ai^t ; and, after him, Theodorus, being better versed in the theory than the practice of it, began to compose orations for others to pronounce ; but confined to himself the art of composing them. In the same manner, Isocrates at first declined to teach the art, but wrote speeches for other 414 BRUTUS; OR, people to deliver ; on which account, being often prosecuted for assisting, contrary to law, to circumvent one or another of the parties in judgment, he left off composing orations for other people, and wholly applied himself to prescribe rules, and reduce them into a system. XIII. " Thus, then, we have traced the birth and origin of the orators of Greece, who were, indeed, very ancient, as I have before observed, if we compute by the Roman annals ; but of a much later date, if we reckon by their own ; for the Athe- nian state had signalized itself by a variety of great exploits, both at home and abroad, a considerable time before she became enamoured of the charms of eloquence. But this noble art was not common to Greece in general, but almost peculiar to Athens. For who has ever heard of an Argive, a Corinthian, or a Theban orator, at the times we are speaking of ? unless, perhaps, some merit of the kind may be allowed to Epaminondas, who was a man of uncommon erudition. But I have never read of a Lacedemonian orator, from the earliest period of time to the present. For Menelaus himself, though said by Homer to have possessed a sweet elocution, is like- wise described as a man of few words. Brevity, indeed, upon some occasions, is a real excellence ; but it is very far from being compatible with the general character of eloquence. The art of speaking was likewise studied, and admired, beyond the limits of Greece; and the extraordinary honours which were paid to oratory have perpetuated the names of many foreigners who had the happiness to excel in it. For no sooner had eloquence ventured to sail from the Pirseeus, but LTogressive steps, and the advances of your eloquence ; for the former are sufficiently known already both to me, and the whole world." '' As you do not require me," said I, "to sound the praises of my own genius, but only to describe my labour and application to improve it, your request shall be complied with. But to preserve the order of my narrative, I shall first introduce such other speakers as I think ought to be previously noticed. " And I shall begin with Marcus Crassus, who was con- temporary with Hortensius. LXVI. With a tolerable share of learning, and a very moderate capacity, his application, assiduity, and interest, procured him a place among the ablest pleaders of the time for several years. His language was pure, his expression neither low nor vulgar, and his ideas well digested; but he had nothing in him that was florid and ornamental ; and the real ardour of his mind was not supported by any vigorous exertion oi his voice, so that he pronounced almost everything in the same uniform tone. His equal, and professed antagonist, Cains Fimbria, was not able to maintain his character so long ; and though he always spoke with a strong and elevated voice, and poured forth a rapid torrent of well-chosen expressions, he was so im- moderately vehement that you might justly be surprised that the people should have been so absent and inattentive as to adm.it a madman, like him, into the list of orators. As to Cneeus Lentulus, his action acquired him a reputation for his eloquence very far beyond his real abilities; for though he was not a man of any great penetration (notwithstanding he carried the appearance of it in his countenance), nor possessed any real fluency of expression (though he was equally specious in this respect as in the former), yet by his sudden breaks, and exclamations, he affected such an ironical air of surprise, with a sweet and sonorous tone of voice, and his whole action was so warm and lively, that his defects were scarcely noticed. For as Curio acquired the reputation of an orator with no other quality than a tolerable freedom of elocution, go Cnseus Lentulus concealed the mediocrity of his other accomplishments by his action, which was really excellent. Much the same might be said of Publius Lentulus, whose poverty of invention and expression was secured from notice by the mere dignity of his presence, his correct and graceful 472 BRUTUS; or, gesture, and the strength and sweetness of his voice; and his merit depended so entirely upon his action, that he was more deficient in every other quality than his namesake. LXVII. " But Marcus Piso derived all his talents from his erudition ; for he was much better versed in Grecian literature than any of his predecessors. He had, however, a natural keenness of discernment, which he greatly improved by art, and exerted with great address and dexterity, though in very indifferent language; but he was frequently warm and choleric, sometimes cold and insipid, and now and then rather smart and humorous. He did not long support the fatigue and emulous contention of the forum ; partly on account of the weakness of his constitution; and partly, because he could not submit to the follies and impertinences of the common people (which we orators are forced to swallow), either, as it was generally supposed, from a peculiar moroseness of temper, or from a liberal and ingenuous pride of heart. After acquiring, therefore, in his youth, a tolerable degree of reputation, his character began to sink ; but in the trial of the Vestals, he again recovered it with some additional lustre, and being thus recalled to the theatre of eloquence, he kept his rank, as long as he was able to support the fatigue of it ; after which his credit declined, in proportion as he remitted his application. Publius Murena had a moderate genius, but was passionately fond of the study of antiquity ; he applied himself with equal diligence to the belles lettres, in which he was tolerably versed ; in short, he was a man of great industry, and took the utmost pains to distinguish himself. Cains Censorinus had a good stock of Grecian literature, explained whatever he advanced with great neat- ness and perspicuity, and had a graceful action, but was too cold and inanimate for the forum. Lucius Turius, with a very indifferent genius, but the most indefatigable applica- tion, spoke in public very often, in the best manner he was able ; and, accordingly, he only wanted the votes of a few centuries to promote him to the consulship. Cains Macer was never a man of much interest or authority, but was one of the most active pleaders of his time ; and if his life, his manners, and his very looks, had not ruined the credit of his genius, he would have ranked higher in the list of orators. He was neither copious, nor dry and barren ; neither neat and embellished, nor wholly inelegant; and his voice, his REMARKS ON EMINENT ORATORS. 473 gesture, and every part of his action, was without any grace ; but in inventing and digesting his ideas, he had a won- derful accuracy, such as no man I ever saw either possessed or exerted in a more eminent degree ; and yet, somehow, he displayed it rather with the air of a quibbler, than of an orator. Though he had acquired some reputation in public causes, he appeared to most advantage and was most courted and employed in private ones. LXYIII. " Caius Piso, who comes next in order, had scarcely any exertion, but he was a speaker who adopted a very familiar style ; and though, in fact, he was far from being slow of invention, he had more penetration in his look and appearance than he really possessed. His contemporary, Marcus Glabrio, though carefully instructed by his grandfather Scsevola, was prevented from distinguishing himself by his natural indolence and want of attention. Lucius Torquatus, on the contrary, had an elegant turn of expression, and a clear comprehension, and was perfectly polite and well-bred in his whole manner. But Cnseus Pompeius, my coeval, a man who was born to excel in everything, would have acquired a more distinguished reputation for his eloquence, if he had not been diverted from the pursuit of it by the more dazzling charms of military fame. His language was naturally bold and elevated, and he was always master of his subject ; and as to his powers of enunciation, his voice was sonorous and manly, and his gesture noble and full of dignity. Decimus Silanus, another of my contemporaries, and your father-in- law, was not a man of much application, but he had a very competent share of discernment and elocution. Quintus Pompeius, the son of Aulus, who had the title of Bithynicus, and was about two years older than myself, was, to my own knowledge, remarkably fond of the study of eloquence, had an uncommon stock of learning, and was a man of indefatigable industry and perseverance ; for he was connected with Marcus Piso and me, not only as an intimate acquaintance, but as an associate in our studies and private exercises. His elocution was but ill recommended by his action ; for though the former was sufficiently copious and diffusive, there was nothing graceful in the latter. His contemporary, Publius Autronius, had a very clear and strong voice ; but he was distinguished by no other accomplishment. Lucius Octavius Reatinus died in his youth, while he was in full practice ; but 4:74 BRUTUS j OR, he ascended the rostra with more assurance than abihty. Caius Staienus, who changed his name into ^hns by a kind of self-adoption, was a warm, an abusive, and indeed a furious speaker; which was so agreeable to the taste of many, that he would have risen to some rank in the state, if it had not been for a crime of which he was clearly convicted, and for which he afterwards suffered. LXIX. " At the same time were the two brothers Caius and Lucius Ceepasius, who, though men of an obscure family and little previous consequence, were yet, by mere dint of application, suddenly promoted to the qusestorship, with no other recommendation than a provincial and unpolished kind of oratory. That I may not seem wilfully to omit any de- claimer, I must also notice Caius Cosconius Calidianus, who, without any discernment, amused the people with a rapidity of language (if such it might be called) which he attended with a perpetual hurry of action, and a most violent exertion of his voice. Of much the same cast was Quintus Arrius, who may be considered as a second-hand Marcus Crassus. He is a striking proof of what consequence it is in such a city as ours to devote oneself to the interests of the many, and to be as active as possible in promoting their safety, or their honour. For by these means, though of the lowest parentage, having raised himself to offices of rank, and to considerable wealth and influence, he likewise acquired the reputation of a tolerable patron, without either learning or abilities. But as inexperienced champions, who, from a pas- sionate desire to distinguish themselves in the circus, can bear the blows of their opponents without shrinking, are often overpowered by the heat of the sun, when it is increased by the reflection of the sand ; m he, who had hitherto supported even the sharpest encounters with good success, could not stand the severity of that year of judicial contest, which blazed upon him like a summer's sun." " Upon my word," cried Atticus, " you are now treating us with the very dregs of oratory, and you have entertained us in this manner for some time ; but I did not offer to inter- rupt you, because I never dreamed you would have descended so low as to mention the Staieni and Autronii f " As I have been speaking of the dead, you will not imagine, I suppose," said I, " that I have done it to court their favour ; but in pursuing the order of history, I was necessarily led by degrees EEMARKS ON EMINENT ORATORS. 475 to a period of time which falls within the compass of our owd knowledge. But I wish it to be noticed, that after recount- ing all who ever ventured to speak in public, we find but few (very few indeed !) whose names are worth recording ; and not many who had even the repute of being orators. Let us, however, return to our subject. LXX. '' Titus Torquatus, then, the son of Titus, was a man of learning, (which he first acquired in the school of Molo in Rhodes,) and of a free and easy elocution which he received from nature. If he had lived to a proper age, he would have been chosen consul, without any solicitation ; but he had more ability for speaking, than inclination ; so that, in fact, he did not do justice to the art he professed ; and yet he was never wanting to his duty, either in the pri- vate causes of his friends and dependents, or in his senatorial capacity. My townsman, too, Marcus Pontidius, pleaded a number of private causes. He had a rapidity of expression, and a tolerable quickness of comprehension ; but he was very warm, and indeed rather too choleric and irascible ; so that he often wrangled, not only with his antagonist, but (what appears very strange) with the judge himself, whom it was rather his business to sooth and gratify. Marcus Messala, who was something younger than myself, was far from being a poor and abject pleader, and yet he was not a very ele- gant one. He was judicious, penetrating, and wary, very exact in digesting and methodizing his subject, and a man of uncommon diligence and application, and of very extensive practice. As to the two Metelli, (Celer and Nepos,) these also had a moderate share of employment at the bar ; but being destitute neither of learning nor abilities, they chiefly applied themselves (and with some success) to debates of a more popular kind. But Cnaeus Lentulus Marcellinus, who was never reckoned a bad speaker, was esteemed a very eloquent one in his consulship. He wanted neither sentiment nor expression ; his voice was sweet and sonorous ; and he had a sufficient stock of humour. Caius Memmius, the son of Lucius, was a perfect adept in the learning of the Greeks ; for he had an insuperable disgust to the literature of the Eomans. He was a neat and polished speaker, and had a sweet and harmo- nious turn of expression ; but as he was equally averse to every laborious effort either of the mind or the tongue, his eloquence declined in proportion as he lessened his application." 476 BRUTUS ; or, LXXI. " But I heartily wish," said Brutus, " that you would give us your opiniou of those orators who are still living ; or, if you are deterrained to say nothing of the rest, there are two at least, (that is, Caesar and Marcellus, whom I have often heard you speak of with the highest approba- tion,) whose characters would give me as much entertainment as any of those you have already specified." '' But why," answered I, " should you expect that I should give you my opinion of men who are as well known to yourself as to me f " Marcellus, indeed," replied he, " I am very well acquainted with ; but as to Caesar, I know little of him. For I have heard the former very often ; but by the time I was able to judge for myself, the latter had set out for his province." " But what," said I, " think you of him whom you have heard so often? " "What else can I think," replied he, "but that you will soon have an orator, who will very nearly resemble your- self? " "If that is the case," answered I, " pray think of him as favourably as you can." ^' I do," said he ; " for he pleases me very highly ; and not without reason. He is absolutely master of his profession, and, neglecting every other, has applied himself solely to this ; and, for that purpose, has persevered in the rigorous task of composing a daily essay in writing. His words are well chosen ; his language is full and copious ; and everything he says receives an additional ornament from the graceful tone of his voice, and the dignity of his action. Tn short, he is so complete an orator, that there is no quality I know of, in which I can think him defi- cient. But he is still more to be admired, for being able, in these unhappy times, (which are marked with a distress that, by some cruel fatality, has overwhelmed us all,) to console himself, as opportunity offers, with the consciousness of his own integrity, and by the frequent renewal of his literary pursuits. I saw him lately at Mitylene ; and then (as I have already hinted) I saw him a thorough man. For though I had before discovered in him a strong resemblance of your- self, the likeness was much improved after he was enriched by the instructions of your learned and very intimate friend Cratippus." " Though I acknowledge," said I, " that T have listened with pleasure to your eulogies on a very worthy man, for whom I have the warmest esteem, they have led me insensibly to the recollection of our common miseries, which our present conversation was intended to suspend. REMARKS ON EMINENT ORATORS. 477 But I would willingly hear what is Atticus's opinion of Caesar." LXXII. " Upon my word," replied Atticus, '• you are wonderfully consistent with your plan, to say nothing your- self of the living ; and indeed, if you were to deal with them, as you already have with the dead, and say something of every paltry fellow that occurs to your memory, you would plague us with Aidron.ii and Staieni without end. But though you might possibly have it in view not to encumber yourself with such a numerous crowd of insignificant wretches; or perhaps, to avoid giving any one room to complain that he was either unnoticed, or not extolled according to his ima- ginary merit ; yet, certainly, you might have said something of Caesar ; especially, as your opinion of his abilities is well known to everybody, and his concerning yours is very far from being a secret. But, however," said he, (addressing himself to Brutus.) '^ T really think of Caesar, and everybody else says the same of this accurate master in the art of speak- ing, that he has the purest and the most elegant command of the Eoman language of all the orators that have yet appeared ; and that not merely by domestic habit, as we have lately heard it observed of the families of the Laelii and the Mucii, (though even here, I believe, this might partly have been the case.) but he chiefly acquired and brought it to its present perfection, by a studious application to the most intricate and refined branches of literature, and by a careful and constant attention to the purity of his style. But that he, who, involved as he was in a perpetual hurry of business, could dedicate to you, my Cicero, a laboured treatise on the art of speaking correctly ; that he, who, in the first book of it, laid it down as an axiom, that an accurate choice of words is the foundation of elo- quence ; and who has bestowed," said he, (addressing himself again to Brutus,) " the highest encomiums on this friend of ours, who yet chooses to leave Caesar's character to me; — that he should be a perfect master of the language of polite con- versation, is a circumstance which is almost too obvious to be mentioned. I said, the highest encomiums,'' pursued Atticus, ^* because he says in so many words, when he addresses himself to Cicero, ' If others have bestowed all their time and atten- tion to acquire a habit of expressing themselves with ease and correctness, how much is the name and digTiity of the Roman people indebted to you, who are the highest pattern, and 4:78 BRUTUS ; or, indeed the first inventor of that rich fertility of language which distinguishes your performances.'" LXXIII. " Indeed/' said Bratus, " I think he has extolled your merit in a very friendly and a very magnificent style ; for you are not only the highest pattern^ and even the first inventor of all our fertility of language, which alone is praise enough to content any reasonable man, but you have added fresh honours to the name and dignity of the Roman people ; for the very excellence in which we had hitherto been con- quered by the vanquished Greeks, has now been either wrested from their hands, or equally shared, at least, between us and them. So that I prefer this honourable testimony of Caesar, I wnll not say to the public thanksgiving which was decreed for your own military services, but to the triumphs of many heroes." " Very true," replied I, ^^ provided this honourable testimony was really the voice of Caesar's judgment, and not of his friendship ; for he certainly has added more to the dignity of the Roman people, whoever he may be, (if indeed any such man has yet existed,) who has not only exemplified and enlarged, but first produced this rich fertility of expres- sion, than the doughty warriors who have stormed a few paltry castles of the Ligurians, which have furnished us, you know, wdth many repeated triumphs. In reality, if we can submit to hear the truth, it may be asserted (to say nothing of those godlike plans, which, supported by the wisdom of our generals, have frequently saved the sinking state both abroad and at home) that an orator is justly entitled to the preference to any commander in a petty war. But the general, you will say, is the more serviceable man to the public. Nobody denies it : and yet (for I am not afraid of provoking your censure, in a conversation which leaves each of us at liberty to say what he thinks) I had rather be the author of the single oration of Crassus, in defence of Curius, than be honoured with two Ligurian triumphs. You wdll, perhaps, reply, that the storming a castle of the Ligurians was a thing of more consequence to the state, than that the claim of Curius should be ably supported. This I own to be true. But it was also of more consequence to the Athenians, that their houses should be securely roofed, than to have their city graced with a most beautiful statue of Minerva : and yet, notwithstanding this, I would much rather have been a Phidias, than the most skilful joiner in Athens. In the KEMAKKS ON EMINENT ORATORS. 479 present case, therefore, we are not to consider a man's useful- ness, but the strength of his abihties; especially as the number of painters and statuaries who have excelled in their profession, is very small; whereas there can never be any want of joiners and mechanical labourers. LXXIY. But proceed, my Atticus, with Caesar ; and oblige us with the remainder of his character." " We see then," said he, " from what has just been mentioned, that a pure and correct style is the groundwork, and the very basis and foundation, upon which an orator must build his other accomplishments ; though it is true, that those who had hitherto possessed it, derived it more from early habit, than from any principles of art. It is needless to refer you to the instances of Lselius and Scipio ; for a purity of language, as well as of manners, was the characteristic of the age they lived in. It could not, indeed, be applied to every one ; for their two contemporaries, Csecilius and Pacuvius, spoke very incorrectly j but yet people in general who had not resided out of the city nor been cor- rupted by any domestic barbarisms, spoke the' Roman lan- guage with purity. Time, how^ever, as well at Eome as in Greece, soon altered matters for the worse ; for this city (as had formerly been the case at Athens) was resorted to by a crowd of adventurers from different parts, w^ho spoke very corruptly; which shows the necessity of reforming our lan- guage, and reducing it "to a certain standard, which shall not be liable to vary like the capricious laws of custom. Though we were then very young, we can easily remember Titus Flamininus, who was joint-consul with Quintus Metellus ; he was supposed to speak his native language with correctness, but was a man of no literature. As to Catulus, he was far indeed from being destitute cl learning, as you have already observed; but his reputed purity of diction was chiefly owing to the sweetness of his voice and the delicacy of his accent. Cotta, who, by his bioad pronunciation, lost all resemblance of the elegant tone of the Greeks, and affected a harsh and rustic utterance, quite opposite to that of Catulus, acquired the same reputation of correctness, by pursuing a wild and unfrequented path. But Sisenna, who had the am- bition to think of reforming our phraseology, could not be lashed out of his whimsical and new-fangled turns of expres- sion, by all the raillery of Caius Eusius." " What do you refer to ?" said Brutus \ " and who was the Caius Riisius you are 480 BRUTUS ; OR, speaking of?" "He was a noted prosecutor," replied he, " some years ago. When this man had supported an indict- ment against one Caius E-utihus, Sisenna, who was counsel for the defendant, told him, that several parts of his accu- sation were spitatical} LXXY. My lords, cried Eusius to the judges, / shall he cruelly over-reached, unless you give me your assistance. His charge overpowers my com- prehension; and I am afraid he has some unfair design upon me. What, in the name of heaven, can he intend by SPITATICAL ? / hnow the meaning of spit, or spittle ; hut this horrid atical, at the end of it, absolutely puzzles me. The whole bench laughed very heartily at the singular oddity of the expression; my old friend, however, was still of opinion, that to speak correctly, was to speak differently from other people. " But Caesar, who was guided by the principles of art, has corrected the imperfections of a vicious custom, by adopting the rules and improvements of a good one, as he found them occasionally displayed in the course of polite conversation. Accordingly, to the purest elegance of expression, (which is equally necessary to every well-bred citizen, as to an orator,) he has added all the various ornaments of elocution ; so that he seems to exhibit the finest painting in the most advan- tageous point of view. As he has such extraordinary merit even in the tenor of his language, I must confess that there is no person I know of, to whom he should yield the prefer- ence. Besides, his manner of speaking, both as to his voice and gesture, is splendid and noble, without the least appear- ance of artifice or affectation ; and there is a dignity in his very presence, which bespeaks a great and elevated mind." " Indeed," said Brutus, " his orations please me highly ; for I have had the satisfaction to read several of them. He has likewise written some commentaries, or short memoirs, of his own transactions." " And such," said I, " as merit the highest approbation ; for they are plain, correct, and graceful, and divested of all the ornaments of language, so as to appear (if I may be allowed the expression) in a kind of undress. But while he pretended only to furnish the loose materials, for such as might be inclined to compose a regular history, * In the origin al sputatilica, worthy to be spit upon. It appears, from the connexion, to have been a word whimsically derived by the author of it from sputa, spittle. . REMARKS ON EMINENT ORATORS. 481 lie may, perhaps, have gratified the vanity of a few literary frisseurs; but he has certainly prevented all sensible men from attempting any improvement on his plan. For, in his- tory, nothing is more pleasing than a correct and elegant brevity of expression. With your leave, however, it is high time to return to those orators who have quitted the stage of life. LXXYI. " Caius Sicinius, then, who was a grandson of the censor Quintus Pompey, by one of his daughters, died after his advancement to the queestorship. He was a speaker of some merit and reputation, which he derived from the system of Hermagoras ; who, though he furnished but little assist- ance for acquiring an ornamental style, gave many useful precepts to expedite and improve the invention of an orator. For in this system we have a collection of fixed and determi- nate rules for public speaking ; which are delivered indeed without any show or parade, (and I might have added, in a trivial and homely form,) but yet are so plain and me- thodical, that it is almost impossible to mistake the road. By keeping close to these, and always digesting his subject before he ventured to speak upon it, (to which we may add, that he had a tolerable fluency of expression,) he so far suc- ceeded, without any other assistance, as to be ranked among the pleaders of the day. As to Caius Yisellius Yarro, who was my cousin, and a contemporary of Sicinius, he was a man of great learning. He died while he was a member of the court of inquests, into which he had been admitted after the expiration of his aedileship. The public, T confess, had not the same opinion of his abilities that I have : for he never passed as a man of sterling eloquence among the people. His speech was excessively quick and rapid, and consequently indistinct ; for, in fact, it was embarrassed and obscured by the celerity of its course ; and yet, after all, you w^ill scarcely find a man w^ho had a better choice of words, or a richer vein of sen- timent. He had besides, a complete fund of polite literature, and a thorough knowledge of the principles of jurisprudence, which he learned from his father Aculeo. To proceed in our account of the dead, the next that presents himself is Lucius Torquatus, whom you will not so readily pronounce a proficient in the art of speaking (though he was by no means destitute of elocution), as what is called by the Greeks, a political adept. He had a plentiful stock of I T 482 BRUTU3J OR. learning, not indeed of the common sort, but of a more abstruse and curious nature ; he had likewise an admirable memory, and a very sensible and elegant turn of expression ; all which qualities derived an additional grace from the dignity of his deportment, and the integrity of his manners. I was also highly pleased with the style of his contemporary Triarius, which expressed to perfection the character of a worthy old gentleman, who had been thoroughly polished by the refinements of literature. What a venerable severity was there in his look ! what forcible solemnity in his lan- guage ! and how thoughtful and deliberate every word he spoke !'* At the mention of Torquatus and Triarius, for each of whom he had the most affectionate veneration, " It fills my heart with anguish," said Brutus, " (to omit a thousand other circumstances,) when I reflect, as I cannot help doing, on your mentioning the names of these worthy men, that your long-respected authority was insufficient to procure an accommodation of our differences. The republic would not otherwise have been deprived of these, and many other excellent citizens." " Not a word more," said I, '^ on this melancholy subject, which can only aggravate our sorrow ; for as the remembrance of what is already past is painful enough, the prospect of what is yet to come is still more afflicting. Let us, therefore, drop our unavailing complaints, and (agreeably to our plan) confine our attention to the forensic merits of our deceased friends. LXXVII. " Among those, then, who lost their lives in this unhappy war, was Marcus Bibulus, who, though not a pro- fessed orator, was a very accurate writer, and a solid and experienced advocate ; and Appius Claudius, your father-in- law, and my colleague and intimate acquaintance, who was not only a hard student, and a man of learning, but a prac- tised orator, a skilful augurist and civilian, and a thorough adept in the Eoman history. As to Lucius Domitius, he was totally unacquainted with any rules of art ; but he spoke his native language with purity, and had a great freedom of address. We had likewise the two Lentuli, men of consular dignity ; one of whom, (I mean Publius,) the avenger of my wrongs, and the author of my restoration, derived all his powers and accomplishments from the assistance of art, and not from the bounty of nature ; but he had such a great and noble disposition, that he claimed all the honours of the most REMARKS OX EMINENT ORATORS. 483 illustrious citizens, and supported them with the utmost dignity of character. The other (Lucius Lentulus) was an animated speaker, for it would be saying too much, perhaps, to call him an orator ; but, unhappily, he had an utter aver- sion to the trouble of thinking. His voice was sonorous ; and his language, though not absolutely harsh and forbidding, was warm and vigorous, and carried in it a kind of terror. In a judicial trial, you would probably have wished for a more agreeable and a keener advocate ; but in a debate on matters of government, you would have thought his abilities sufficient. Even Titus Postumius had such powei^ of utter- ance as were not to be despised ; but in political matters, he spoke with the same unbridled ardour he fought with ; in short, he was much too warm ; though it must be owned he possessed an extensive knowledge of the laws and constitution of his country." ^' Upon my word," cried Atticus, " if the persons you have mentioned were still living, I should be apt to imagine that you were endeavouring to solicit their favour. For you intro- duce everybody who had the courage to stand up and speak his mind ; so that I almost begin to wonder how Marcus Servilius has escaped your notice." LXXVIII. " I am, indeed, very sensible," replied I, "that there have been many who never spoke in public, that were much better qualified for the task, than those orators I have taken the pains to enumerate;^ but I have, at least, answered one pur- pose by it, which is to show you, that in this populous city we have not had very many who had the resolution to speak at all j and that even among these, there have been few who were entitled to our applause. I cannot, therefore, neglect to take some notice of those worthy knights, and my intimate friends, very lately deceased, Publius Cominius Spoletinus, against whom I pleaded in defence of Caius Cornelius, and who was a methodical, spirited, and ready speaker; and Tiberius Accius, of Pisaurum, to whom I replied in behalf of Aulus Cluentius, and who was an accurate, and a tolerably copious advocate : he was also well instructed in the precepts of Her- magoras, which, though of little service to embellish and enrich our elocution, furnish a variety of arguments, which, like the weapons of the light infantry, may be readily managed, and are adapted to every subject of debate. I must ^ This was probably intended as an indirect compliment to Atticus. ii2 484 Brutus; or, add, that I never knew a man of greater industry and appli- cation. As to Cains Piso, my son-in-law, it is scarcely possible to mention any one who was blessed with a finer capacity. He was constantly employed either in public speaking, and private declamatory exercises, or, at least, in writing and thinking : and, consequently, he made such a rapid progress, ' that he rather seemed to fly than to run. He had an elegant choice of expression, and the structure of his periods was perfectly neat and harmonious ; he had an astonishing variety and strength of argument, and a lively and agreeable turn of thought; and his gesture was naturally so graceful, that it appeared to have been formed (which it really was not) by the nicest rules of art. I am rather fearful, indeed, that I should be thought to have been prompted by my affection for him to have given him a greater character than he deserved ; but this is so far from being the case, that I might justly have ascribed to him many qualities of a different and more valuable nature ; for in continence, social ardour, and every other kind of virtue, there was scarcely any of his contemporaries who was worthy to be compared with him. LXXIX. " Marcus Caelius too must not pass unnoticed, notwithstanding the unhappy change, either of his fortune or disposition, which marked the latter part of his life. As long as he was directed by my influence, he behaved himself so well as a tribune of the people, that no man supported the interests of the senate, and of all the good and virtuous, in opposition to the factious and unruly madness of a set of abandoned citizens, with more firmness than he did ; a part in which he was enabled to exert himself to great advantage, by the force and dignity of his language, and his lively humour and polite address. He spoke several harangues in a very sensible style, and three spirited invectives, which originated from our political disputes; and his defensive speeches, though not equal to the former, were yet tolerably good, and had a degree of merit which was far from being contemptible. After he had been advanced to the sedileship, by the hearty approbation of all the better sort of citizens, as he had lost my company (for I was then abroad in Cilicia) he likewise lost himself ; and entirely sunk his credit, by imitat- ing the conduct of those very men, whom he had before sa successfully opposed. But Marcus Calidius has a more parti- cular claim to our notice for the singularity of his character REMARKS ON EMINENT ORATORS. 485 which cannot so properly be said to have entitled him to a place among our other orators, as to distinguish him from the whole fraternity; for in him we beheld the most uncommon and the most delicate sentiments, arrayed in the softest and finest language imaginable. Nothing could be so easy as the turn and compass of his periods ; nothing so ductile ; nothing more pliable and obsequious to his will ; so that he had a greater command of words than any orator what- ever. In short, the flow of his language was so pure and limpid, that nothing could be clearer; and so free, that it was never clogged or obstructed. Every word was exactly in the place where it should be, and disposed (as Lucilius expresses it) with as much nicety as in a curious piece of mosaic work. We may add, that he had not a single expres- sion which was either harsh, unnatural, abject, or far-fetched ; and yet he was so far from confining himself to the plain and ordinary mode of speaking, that he abounded greatly in the metaphor, — but such metaphors as did not appear to usurp a post that belonged to another, but only to occupy their own. These delicacies were displayed, not in a loose and effeminate style, but in such a one as was strictly numerous, without either appearing to be so, or running on with a dull uni- formity of sound. He was likewise master of the various ornaments of language and thought which the Greeks call ilgures, whereby he enlivened and embellished his style as with so many forensic decorations. We may add that he readily discovered, upon all occasions, what was the real point of debate, and where the stress of the argument lay ; and that his method of ranging his ideas w^as extremely artful, his action gentlemanly, and his whole manner very engaging and very sensible. LXXX. In short, if to speak agreeably is the chief merit of an orator, you will find no one who was better qualified than Calidius. ^' But as we have observed a little before, that it is the business of an orator to instruct, to please, and to move the 'passions; he was, indeed, perfectly master of the first two; for no one could better elucidate his subject, or charm the atten- tion of his audience. But as to the third qualification, the moving and alarming the passions, which is of much greater efficacy than the former, he was wholly destitute of it. He had no force, no exertion ; either by his own choice, and from an opinion that those who had a loftier turn of expres- 486 BRUTUS j OR, sion, and a more warm and spirited action, were little better than madmen; or because it was contrary to his natural temper and habitual practice; or, lastly, because it was beyond the strength of his abilities. If, indeed, it is a useless quality, his want of it was a real excellence; but if otherwise, it was certainly a defect. I particularly remember, that when he prosecuted Quintus Gallius for an attempt to poison him, and pretended that he had the plainest proofs of it, and could produce many letters, witnesses, informations, and other evidences to put the truth of his charge beyond a doubt, interspersing many sensible and ingenious remarks on the nature of the crime ; — I remember, I say, that when it «ame to my turn to reply to him, after urging every argu- ment which the case itself suggested, I insisted upon it as a material circumstance in favour of my client, that the prose- cutor, while he charged him with a design against his life, and assured us that he had the most indubitable proofs of it then in his hands, related his story with as much ease, and as much calmness and indifference, as if nothing had happened. ' Would it have been possible,' said I, (addressing myself to Calidius,) * that you should speak with this air of unconcern, unless the charge was purely an invention of your own ? And, above all, that you, whose eloquence has often vindicated the wrongs of other people with so much spirit, should speak so coolly of a crime which threatened your lifel Where was that expression of resentment which is so natural to the in- jured 1 Where that ardour, that eagerness, which extorts the most pathetic language even from men of the dullest capa- cities ? There was no visible disorder in your mind, no emotion in your looks and gesture, no smiting of the thigh or the forehead, nor even a single stamp of the foot. You were, therefore, so far from interesting our feelings in your favour, that we could scarcely keep our eyes open, while you were relating the dangers you had so narrowly escaped.' Thus we employed the natural defect, or, if you please, the sensible calmness of an excellent orator, as an argument to invalidate :ais charge." " But is it possible to doubt," cried Brutus, *' whether this was a sensible quality, or a defect *? For as the greatest merit of an orator is to be able to inflame the passions, and give them such a bias as shall best answer his purpose; he who is destitute of this must certainly be de- ficient in the most capital part of his profession." REMARKS ON EMINENT ORATORS. 48/ LXXXI. " I am of the same opinion," said I ; "but let nf Qow proceed to him (Hortensius) who is the only remainir^ orator worth noticing; after which, as you seem to insi&r upon it, I shall say something of myself I must first, how ever, do justice to the memory of two promising youths, who, if they had lived to a riper age, would have acquired the highest reputation for their eloquence." " You mean, I suppose," said Brutus, '^ Caius Curio, and Gains Licinius Calvus." '' The very same." replied I. " One of them, besides his plausible manner, had such an easy and voluble flow of expression, and such an inexhaustible variety, and some- times accuracy of sentiment, that he was one of the most ready and ornamental speakers of his time. Though he had received but little instruction from the professed masters of the art, nature had furnished him with an admirable capa- city for the practice of it. I never, indeed, discovered in him any great degree of application ; but he was certainly very ambitious to distinguish himself; and if he had continued to listen to my advice, as he had iDCgun to do, he would have preferred the acquisition of real honour to that of untimely grandeur." " What do you mean ?" said Brutus ; ^' or in what manner are these two objects to be distinguished?" " I dis- tinguish them thus," replied I ; "as honour is the reward of virtue, conferred upon a man by the choice and affection of his fellow-citizens, he who obtains it by their free votes and suffrages is to be considered, in my opinion, as an honourable member of the community. But he who acquires his power and authority by taking advantage of every unhappy incident, and without the consent of his fellow-citizens, as Curio aimed to do, acquires only the name of honour, without the sub- stance. Whereas, if he had hearkened to me, he would have risen to the highest dignity, in an honourable manner, and with the hearty approbation of all men, by a gradual advance- ment to public offices, as his father and many other eminent citizens had done before. I often gave the same advice to Publius Crassus, the son of Marcus, who courted my friend- ship in the early part of his life ; and recommended it to him very warmly, to consider that as the truest path to honour which had been already marked out to him by the example of his ancestors. For he had been extremely well educated, and was perfectly versed in every branch of polite literature ; he had likewise a penetrating genius, and an elegant variety 488 BRUTUS ; or, of expression; and appeared grave and sententious without arrogance, and modest and diffident without dejection. But, like many other young men, he was carried away by the tide of ambition ; and after serving a short time with reputation as a volunteer, nothing could satisfy him but to try his for- tune as a general, an employment which was confined by the wisdom of our ancestors to men who had arrived at a certain age, and who, even then, were obliged to submit their pre- tensions to the uncertain issue of a public decision. Thus, by exposing himself to a fatal catastrophe, while he was endea- vouring to rival the fame of Cyrus and Alexander, who lived to finish their desperate career, he lost all resemblance of Lucius Crassus, and his other worthy progenitors. LXXXII. But let us return to Calvus, whom we have just mentioned, an orator who had received more literary improvements than Curio, and had a more accurate and delicate manner of speak- ing, which he conducted with great taste and elegance ; but, (by being too minute and nice a critic upon himself.) while he was labouring to correct and refine his language, he suf- fered all the force and spirit of it to evaporate. In short, it was so exquisitely polished, as to charm the eye of every skilful observer; but it was little noticed by the common people in a crowded forum, which is the proper theatre of eloquence." " His aim," said Brutus, " was to be admired as an Attic orator ; and to this we must attribute that accurate exility of style, which he constantly affected." " This, indeed, was his professed character," replied I ; " but he was deceived him- self, and led others into the same mistake. It is true, who- ever supposes that to speak in the Attic taste, is to avoid every awkward, every harsh, every vicious expression, has, in this sense, an undoubted right to refuse his approbation to every- thing which is not strictly Attic, For he must naturally detest whatever is insipid, disgusting, or incorrect ; while he considers correctness and propriety of language as the rehgion and good-manners of an orator ; and every one who pretends to speak in public should adopt the same opinion. But if he bestows the name of Atticism on a meagre, a dry, and a niggardly turn of expression, provided it is neat, correct, and polished, I cannot say, indeed, that he bestows it im- properly ; as the Attic orators, however, had many qualities of a more important nature, I would advise him to be careful that he does not overlook their different kinds and deorrees of REMARKS ON EMINENT ORATORS. 489 merit, and their great extent and variety of character. The Attic speakers, he will tell me, are the models upon which he wishes to form his eloquence. But which of them does he mean to fix upon ? for they are not all of the same cast. Who, for instance, could be more unlike each other than Demosthenes and Lysias? or than Demosthenes and Hy- perides 1 Or who more different from either of them, than ^schines 1 Which of them, then, do you propose to imitate ? If only onej this will be a tacit implication, that none of the rest were true masters of Atticism ; if all, how can you possibl}^ succeed, when their characters are so opposite 1 Let me further ask you, whether Demetrius Phalereus spoke in the Attic style ? In my opinion, his orations have the very taste of Athens. But he is certainly more florid than either Hyperides or Lysias ; partly from the natural turn of his genius, and partly by choice. LXXXIII. '* There were likewise two others at the time we are speaking of, whose characters were equally dissimilar ; and yet both of them were truly Attic, The first (Charisius) was the author of a number of speeches, which he composed for his friends, professedly in imitation of Lysias ; and the other (Demochares, the nephew of Demosthenes) wrote several orations, and a regular history of what was transacted in Athens under his own observation ; not so much, indeed, in the style of an historian, as of an orator. Hegesias took the former for his model, and was so vain of his own taste for Atticism, that he considered his predecessors, who were really masters of it, as mere rustics in comparison of himself. But what can be more insipid, more frivolous, or more puerile, than that very concinnity of expression which he actually acquired ? ^ But still we wish to resemble the Attic speakers.' Do so by all means. But were not those, then, true Attic speakers, we have just been mentioning ? ^ Nobody denies it ; and these are the men we imitate.' But how ? when they are so very different, not only from each other, but from all the rest of their contemporaries 1 * True ; but Thucydides is our leading pattern.' This, too, I can allow, if you design to compose histories, instead of pleading causes. For Thu- cydides was both an exact and a stately historian ; but he never intended to write models for conducting a judicial pro- cess. I will even go so far as to add, that I have often com- mended the speeches which he has inserted in his history 490 35BUTUS ; OR, in great numbers ; though I must frankly own, that I neither could imitate them, if I would, nor indeed would, if I could ; like a man who would neither choose his wine so new as to have been tunned off in the preceding vintage, nor so exces- sively old as to date its age from the consulship of Opimius or Anicius. ^ The latter,' you will say, ^ bears the highest price.' Very probably ; but when it has too much age, it has lost that delicious flavour which pleases the palate, and, in my opinion, is scarcely tolerable. ^ Would you choose, then, when you have a mind to regale yourself, to apply to a fresh, unripened cask V By no means ; but still there is a certain age, when good wine arrives at its utmost perfection. In the same manner, I would recommend neither a raw, unmellowed style, which (if I may so express myself) has been newly drawn off from the vat \ nor the rough and antiquated lan- guage of the grave and manly Thucydides. For even he, if he had lived a few years later, would have acquired a much softer and mellower turn of expression. '^ * Let us, then, imitate Demosthenes.' LXXXTY. Good Gods ! to what else do 1 direct all my endeavours, and my wishes ! But it is, perhaps, my misfortune not to succeed. These Atticisers, however, acquire with ease the paltry cha- racter they aim at ; not once recollecting that it is not only recorded in history, but must have been the natural con- sequence of his superior fame, that when Demosthenes was to speak in public, all Greece flocked in crowds to hear him. But when our Attic orators venture to speak, they are pre- sently deserted, not only by the little throng around them who have no interest in the dispute, (which alone is a morti- fying proof of their insignificance,) but even by their associates and fellow-advocates. If to speak, therefore, in a dry and lifeless manner, is the true criterion of Atticism, they are heartily welcome to enjoy the credit of it ; but if they wish to put their abilities to the trial, let them attend the Comitia, or a judicial process of real importance. The open forum demands a fuller and more elevated tone ; and he is the orator for me, who is so universally admired, that when he is to plead an interesting cause, all the benches are filled beforehand, the tribunal crowded, the clerks and notaries busy in adjusting their seats, the populace thronging about the rostra, and the judge brisk and vigilant ; he, who has such a commanding air, that when he rises up to speak, the REMARKS ON EMINENT ORATORS. 491 whole audience is hushed into a profound silence, which is soon interrupted by their repeated plaudits and acclamations, or by those successive bursts of laughter, or violent transports of passion, which he knows how to excite at his pleasure ; so that even a distant observer, though unacquainted with the subject he is speaking upon, can easily discover that his hearers are pleased with him, and that a Roscius is perform- ing his part on the stage. Whoever has the happiness to be thus followed and applauded, is, beyond dispute, an Attic speaker; for such was Pericles, such was Hyperides, and -^schines, and such, in the most eminent degree, was the great Demosthenes ! If, indeed, these connoisseurs, who have so much dislike to everything bold and ornamental, only mean to say that an accurate, a judicious, and a neat and compact, but unembellished style, is really an Attic one, they are not mistaken. For in an art of such wonderful extent and variety as that of speaking, even this subtile and coniBned character may claim a place ; so that the conclusion will be, thiat it is very possible to speak in the Attic taste without deserving the name of an orator ; but that all, in general, who are truly eloquent, are likewise Attic speakers. " It is time, however, to return to Hortensius." LXXXY "Indeed, I think so," cried Brutus; "though I must acknow- ledge that this long digression of yours has entertained me very agreeably." " But I made some remarks," said Atticus, ^' which I was several times inclined to mention ; only I was loth to interrupt you. As your discourse, however, seems to be drawing towards an end, I think I may venture to state them." " By all means," replied I. '^ I readily grant, then," said he, " that there is something very humorous and elegant in that continued irony, which Socrates employs to so much advantage in the dialogues of Plato, Xenophon, and iEschines. For when a dispute commences on the nature of wisdom, he professes, with a gTcat deal of humour and ingenuity, to have no pretensions to it himself ; while, with a kind of concealed raillery, he ascribes the highest degree of it to those who had the arrogance to lay an open claim to it. Thus, in Plato, he extols Protagoras, Hippias, Prodicus, Gorgias and several others, to the skies ; but represents himself as quite ignorant. This in him was peculiarly becoming ; nor can 1 agree with Epicurus, who thinks it censurable. But in a professed history, (for such, in fact, is the account you have been giving 492 BRUTUS j OR, US of the Roman orators,) I shall leave you to judge, whether an application of the irony is not equally reprehensible, as it would be in giving judicial evidence." " Pray, what are you driving at?" said I ; "for I cannot comprehend you." " I mean," replied he, " in the first place, that the commen- dations which you have bestowed upon some of our orators, have a tendency to mislead the opinion of those who are unacquainted with their true characters. There were like- wise several parts of your account, at which I could scarcely forbear laughing ; as, for instance, when you compared old Cato to Lysias. He was, indeed, a great, and a very extra- ordinary man. Nobody, I believe, will say to the contrary. But shall we call him an orator ? Shall we pronounce him the rival of Lysias, who was the most finished character of the kind? If we mean to jest, this comparison of yours would form a pretty irony ; but if we are talking in real earnest, we should pay the same scrupulous regard to truth, as if we were giving evidence upon oath. As a citizen, a senator, a general, and, in short, a man who was distinguished by his prudence, his activity, and every other virtue, your favourite Cato has my highest approbation. I can likewise applaud his speeches, considering the time he lived in. They exhibit the outlines of a great genius ; but such, however, as are evidently rude and imperfect. In the same manner, when you represented his Antiquities as replete with all the graces of oratory, and compared Cato with Philistus and Thucydides, did you really imagine, that you could persuade Brutus and me to believe you ? or would you seriously degrade those, whom none of the Greeks themselves have been able to equal, into a comparison with a stiff country gentleman, who scarcely suspected that there was any such thing in being as a copious and ornamental style ? LXXXVI. " You have likewise said much in commenda- tion of Galba ; — if as the best speaker of his age, I can so far agree with you, for such was the character he bore ; — but if you meant to recommend him as an orator, produce his orations (for they are still extant), and then tell me honestly, whether you would wish your friend Brutus here to speak as he did ? Lepidus, too, was the author of several speeches, which have received your approbation ; in which I can partly join with you, if you consider them only as specimens of our ancient eloquence. The same might be said of Afri- EEMABKS ON EMINENT ORATORS. 493 canus and Laelius, than whose language (you tell us) nothing in the world can be sweeter j nay, you have mentioned it with a kind of veneration, and endeavoured to dazzle our judgment by the great character they bore, and the uncom- mon elegance of their manners. Divest it of these adven- titious graces, and this sweet language of theirs will appear so homely, as to be scarcely worth noticing. Carbo, too, was mentioned as one of our capital orators ; and for this only reason, — that in speaking, as in all other professions, whatever is the best of its kind, for the time being, how deficient soever in reality, is always admired and applauded. What I have said of Carbo, is equally true of the Gracchi ; though, in some jjarticulars, the character you have given them was no more than they deserved. But to say nothing of the rest of your orators, let us proceed to Antonius and Crassus, your two paragons of eloquence, whom I have heard myself, and who were certainly very able speakers. To the extraordinary commendation you have bestowed upon them, I can readily give my assent ; but not, however, in such an unlimited manner as to persuade myself that you have received as much improvement from the speech in support of the Servilian law, as Lysippus said he had done by studying the famous statue^ of Polycletus. What you have said on this occasion I consider as absolute irony ; but I shall not inform you why I think so, lest you should imagine I design to flatter you. I shall therefore pass over the many fine encomiums you have bestowed upon these ; and what you have said of Cotta and Sulpicius, and but very lately of your pupil Ceelius. I acknowledge, however, that we may call them orators ; but as to the nature and extent of their merit, let your own judgment decide. It is scarcely worth observing, that you have had the additional good-nature to crowd so many daubers into your list, that there are some, I believe, who will be ready to wish they had died long ago, that you might have had an opportunity to insein: their names among the rest." LXXXYII. " You have opened a wide field of in- quiry," said I, ^' and started a subject which deserves a separate discussion ; but we must defer it to a more convenient time. For, to settle it, a great variety of authors must be examined, and especially Cato ; which could not fail to convince you, that nothing was wanting to complete his pieces, but those rich ^ Doryphorus. A spearman. 494 BRUTUS ; or, and glowing colours which had not then been invented. As to the above oration of Crassus, he himself, perhaps, could have written better, if he had been willing to take the trouble ; but nobody else, I believe, could have mended it. You have no reason, therefore, to think I spoke ironically, when I mentioned it as the guide and tutoress of my eloquence ; for though you seem to have a higher opinion of my capacity, in its present state, you must remember that, in our youth, we could find nothing better to imitate among the Romans. And as to my admitting so many into my list of orators, I only did it (as I have already observed) to show how few have succeeded in a profession, in which all were desirous to excel. I therefore insist upon it that you do not consider me in the present case as sl practiser of irony; though we are in- formed by Caius Fannius, in his history, that Africanus was a very excellent one." *^As you please about that,'' cried Atticus j *' though, by the bye, T did not imagine it would have been any disgrace to you, to be what Africanus and Socrates have been before you." '' We may settle this another time," in- terrupted Brutus ; " but will you be so obliging," said he, (addressing himself to me,) " as to give us a critical analysis of some of the old speeches you have mentioned V " Very willingly," replied I ; " but it must be at Cuma, or Tusculum, when opportunity offers : for we are near neighbours, you know, in both places. LXXXVIIT. At present, let us return to Hortensius, from whom we have digressed a second time. " Hortensius, then, who began to speak in public when he was very young, was soon employed even in causes of the greatest moment ; and though he first appeared in the time of Cotta and Sulpicius, (who were only ten years older,) and when Crassus and Antonius, and afterwards Philippus and Julius, were in the height of their reputation, he was thought worthy to be compared with either of them in point of eloquence. He had such an excellent memory as I never knew in any person ; so that what he had composed in private, he was able to repeat, without notes, in the very same words he had made use of at first. He employed this natural advantage with so much readiness, that he not only recollected whatever he had written or premeditated himself, but remembered everything that had been said by his opponents, without the help of a prompter. He was likewise inflamed with such REMARKS ON EMINENT ORATORS. 495 a passionate fondness for the profession, that I never saw any one who took more pains to improve himself; for he would not suffer a day to elapse without either speaking in the forum, or composing something at home ; and very often he did both in the same day. He had, besides, a turn of expres- sion which was very far from being low and unelevated ; and possessed two other accomplishments, in which no one could equal him, — an uncommon clearness and accuracy in stating the points he was to discuss ; and a neat and easy manner of collecting the substance of what had been said by his anta- gonist, and by himself. He had likewise an elegant choice of words, an agreeable flow in his periods, and a copious elocution, for which he was partly indebted to a fine natural capacity, and which was partly acquired by the most laborious rhetorical exercises. In short, he had a most retentive view of his subject, and always divided and distributed it into distinct parts with the greatest exactness ; and he very seldom over- looked anything which the case could suggest, that was proper either to support his own allegations, or to refute those of his opponent. Lastly, he had a sweet and sonorous voice ; but his gesture had rather more art in it. and was managed with more precision than is requisite in an orator. " While he was in the height of his glory, Crassus died, Cotta was banished, our public trials were intermitted by the Marsic war, and I myself made my first appearance in the forum. LXXXIX. Hortensius joined the army, and served the first campaign as a volunteer, and the second as a military tribune; Sulpicius was made a lieutenant-general; and An- tonius was absent on a similar account. The only trial w^e had, was that upon the Yarian law ; the rest, as I have just observed, having been intermitted by the war. We had scarcely anybody left at the bar but Lucius Memmius and Quintus Pompeius, who spoke mostly on their own affiiirs ; and, though far from being orators of the first distinction, were yet tolerable ones, (if we may credit Philippus, who was himself a man of some eloquence,) and, in supporting evidence, displayed all the poignancy of a prosecutor, with a moderate freedom of elocution. The rest, who were esteemed our capital speakers, were then in the magistracy, and I had the benefit of hearing their harangues almost every day. Caius Curio was chosen a tribune of the people, though he left off speaking after beino; once deserted by his whole ^yC) BRUTUS ; OR, audience. To him I may add Quintus Metellus Celer, who, though certainly no orator, was far from being destitute of utterance ; but Quintus Yarius, Caius Carbo, and Cnseus Pomponius, were men of real elocution, and might almost be said to have lived upon the rostra. Caius Julius too, who was then a curule eedile, was daily employed in making speeches to the people, which were composed with great neatness and accuracy. But while I attended the forum with this eager curiosity, my first disappointment was the banishment of Cotta ; after which I continued to hear the rest with the same assiduity as before ; and though I daily spent the re- mainder of my time in reading, writing, and private decla- mation, I cannot say that I much relished my confinement to these preparatory exercises. The next year Quintus Yarius was condemned, and banished by his own law ; and I, that I might acquire a competent knowledge of the principles of jurisprudence, then attached myself to Quintus Scaevola, the son of Publius, who, though he did not choose to undertake the charge of a pupil, yet, by freely giving his advice to those who consulted him, answered every purpose of instruction to such as took the trouble to apply to him. In the suc- ceeding year, in which Sylla and Pompey were consuls, as Sulpicius, who was elected a tribune of the people, had occasion to speak in public almost every day, I had oppor- tunity to acquaint myself thoroughly with his manner of speaking. At this time Philo, a philosopher of the first name in the Academy, with many of the principal Athenians, having deserted their native home, and fled to Eome, from the fury of Mithridates, I immediately became his scholar, and was exceedingly taken with his philosophy; and, besides the pleasure I received from the great variety and sublimity of his matter, I was still more inclined to confine my atten- tion to that study ; because there was reason to apprehend that our laws and judicial proceedings would be wholly over- turned by the continuance of the public disorders. In the same year Sulpicius lost his life; and Quintus Catulus, Marcus Antonius, and Caius Julius, three orators who were partly contemporary with each other, were most inhumanly put to death. Then also I attended the lectures of Molo the Rhodian, who was newly come to Eome, and was both an excellent pleader, and an able teacher of the art. XC. '^ I have mentioned these particulars, which, perhaps, REMARKS ON EMINENT ORATORS. 497 may appear foreign to our purpose, that you, my Brutus, (for Atticus is already acquainted with them,) may be able to mark my progress, and observe how closely I trod upon the heels of Hortensius. The three following years the city was free from the tumult of arms; but either by the death, the voluntary retirement, or the flight of our ablest orators, (for even Marcus Crassus, and the two Lentuli, who were then in the bloom of youth, had all left us,) Hortensius, of course, was the first speaker in the forum. Antistius, too, was daily rising into reputation ; Piso pleaded pretty often ; Pomponius, not so frequently; Carbo, very seldom; and Philippus, only once or twice. In the meanwhile I pursued my studies of every kind, day and night, with unremitting application. I lodged and boarded at my own house (where he lately died) Diodotus the Stoic; whom I employed as my preceptor in various other parts of learning, but particularly in logic, which may be con- sidered as a close and contracted species of eloquence ; and without which, you yourself have declared it impossible to acquire that full and perfect eloquence, which they suppose to be an open and dilated kind of logic. Yet with all my atten- tion to Diodotus, and the various arts he was master of, I never suffered even a single day to escape me, without some exercise of the oratorical kind. I constantly declaimed in private with Marcus Piso, Quintus Pompeius, or some other of my acquaintance ; pretty often in Latin, but much oftener in Greek; because the Greek furnishes a greater variety of ornaments, 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 us, unless we declaimed in that language. This time was distinguished by a violent struggle to restore the liberty of the republic ; the barbarous slaughter of the three orators, Scaevola, Carbo, and Antistius; the return of Cotta, Curio, Crassus, Pompey, and the Lentuli ; the re-establishment of the laws and courts of judicature, and the entire restoration of the commonwealth; but we lost Pomponius, Censorinus, and Murena, from the roll of orators. I now began, for the first time, to under- take the management of causes, both private and public; not, as most did, with a view to learn my profession, but to make a trial of the abilities which I had taken so much pains to acquire. I had then a second opportunity of attending the instructions of Molo, who came to Eome while Sylla was E E 498 . BRUTUS j OR, dictator, to solicit the payment of what was due to hia countrymen for their services in the Mithridatic war. My defence of Sextus Roscius, which was the first cause I pleaded, met with such a favourable reception, that, from that moment, I was looked upon as an advocate of the first class, and equal to the greatest and most important causes ; and after this I pleaded many others, which I precomposed with all the care and accuracy I was master of. XCI. " But as you seem desirous not so much to be ac- quainted with any incidental marks of my character, or the first sallies of my youth, as to know me thoroughly, I shall mention some particulars, which otherwise might have seemed unnecessary. At this time my body was ex- ceedingly weak and emaciated; my neck long and slender; a shape and habit which I thought to be liable to great risk of life, if engaged in any violent 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 without any remission or variation, with the utmost stretch of my voice, and a total agitation of my body. When my friends, therefore, and physicians, advised me to meddle no more with forensic causes, I resolved to run any hazard rather than quit the hopes of glory which I had proposed to myself from plead- ing; but when I considered, that by managing my voice, and changing my way of speaking, I might both avoid all future danger of that kind and speak with greater ease, I took a resolution of travelling into Asia, merely for an op- portunity to correct my manner of speaking ; so that after I had been two years at the bar, and acquired some reputa- tion in the forum, I left Rome. When I came to Athens, I spent six months with Antiochus, the principal and most judicious philosopher of the old Academy; and under this able master, I renewed those philosophical studies which I had laboriously cultivated and improved from my earliest youth. At the same time, however, I continued my rhetorical exer- cises under Demetrius the Syrian, an experienced and re- putable master of the art of speaking. After leaving Athens, I traversed every part of Asia, where I was voluntarily at- tended by the principal orators of the country, with whom I re- newed my rhetorical exercises. The chief of them was Menippus of Stratonica, the most eloquent of all the Asiatics; and if to be neither tedious nor impertinent is the characteristic REMARKS ON EMINENT ORATORS. 499 of an Attic orator, he may be justly ranked in that class. Dionysius also of Magnesia, JEschylus of Cnidos, and Xenocles of Adramyttium, who were esteemed the first rhetoricians of Asia, were continually with me. Not contented with these, I went to Rhodes, and applied myself again to Molo, whom I had heard before at Rome ; and who was both an expe- rienced pleader and a fine writer, and particularly judicious in remarking the faults of his scholars, as well as in his method of teaching and improving them. His principal trouble with me was to restrain the luxuriancy of a juvenile imagination, always ready to overflow its banks, within its due and proper channel. Thus, after an excursion of two years, I returned to Italy, not only much improved, but almost changed into a new man. The vehemence of my voice and action was considerably abated; the excessive ardour of my language was corrected ; my lungs were strengthened ; and my whole constitution confirmed and settled. XCII. " Two orators then reigned in the forum (I mean Cotta and Hortensius), whose glory fired my emulation. Cotta's way of speaking was calm and easy, and distinguished by the flowing elegance and propriety of his language. The other was splendid, warm, and animated ; not such as you, my Brutus, have seen him, when he had shed the blossom of his eloquence, but far more lively and pathetic both in his style and action. As Hortensius, therefore, was nearer to me in age, and his manner more agreeable to the natural ardour of my temper, I considered him as the proper object of my competition. For I observed that when they were both engaged in the same cause, (as, for instance, when they defended Marcus Canuleius, and Cneius Dolabella, a man of consular dignity,) though Cotta was generally employed to open the defence, the most important parts of it were left to the management of Hortensius. For a crowded audience and a clamorous forum require an orator who is lively, ani- mated, full of action, and able to exert his voice to the highest pitch. The first year, therefore, after my return from Asia, I undertook several capital causes ; and in the interim I put up as a candidate for the queestorship, Cotta for the consulate, and Hortensius for the sedileship. After I was chosen quaestor, I passed a year in Sicily, the province assigned to me by lot ; Cotta went as consul into Gaul ; and Hortensius, whose new office required his presence at Rome, kk2 500 was left of course the undisputed sovereign of the forum. In the succeeding year, when I returned from Sicily, my ora- torical talents, such as they were, displayed themselves in their full perfection and maturity. " I have been saying too much, perhaps, concerning myself ; but my design in it wa^s not to make a parade of my eloquence and ability, which I have no temptation to do, but only to specify the pains and labour which I have taken to improve it. After spending the five succeeding years in pleading a variety of causes, and with the ablest advocates of the time, I was declared an sedile, and undertook the patronage of the Sicilians against Hortensius, who was then one of the consuls elect. XCIII. But as the subject of our conversation not only requires an historical detail of orators, but such preceptive remarks as may be necessary to elucidate their characters ; it will not be improper to make some observations of this kind upon that of Hortensius. After his appointment to the consulship (very probably, because he saw none of consular dignity who were able to rival him, and despised the competition of others of inferior rank) he began to remit that intense application which he had hitherto persevered in from his childhood ; and having settled himself in very affluent circumstances, he chose to live for the future what he thought an easy life, but which, in truth, was rather an indolent one. In the three succeeding years, the beauty of his colouring was so much impaired as to be very perceptible to a skilful connoisseur, though not to a common observer. After that, he grew every day more unlike himself than before, not only in other parts of eloquence, but by a gradual decay of the former celerity and elegant texture of his language. I, at the same time, spared no pains to improve and enlarge my talents, such as they were, by every exercise that was proper for the purpose, but particularly by that of writing. Not to mention several other advantages I derived from it, I shall only observe, that about this time, and but a very few years after my sedileship, I was declared the first praetor, by the unanimous sufirages of my fellow-citizens. For, by my diligence and assiduity as a pleader, and my accurate way of speaking, which was rather superior to the ordinary style of the bar, the novelty of my eloquence had engaged the atten- tion and secured the good wishes of the public. But I will say nothing of myself; I wiU confine my discourse to our REMARKS ON EMINENT ORATORS. 501 other speakers, among whom there is not one who has gained more than a common acquaintance with those parts of Htera- ture which feed the springs of eloquence ; not one who has been thoroughly nurtured at the breast of Philosophy, which is the mother of every excellence either in deed or speech ; not one who has acquired an accurate knowledge of the civil law, which is so necessary for the management even of private causes, and to direct the judgment of an orator ; not one who is a complete master of the Roman history, which would enable us, on many occasions, to appeal to the venerable evidence of the dead ; not one who can entangle his opponent in such a neat and humorous manner, as to relax the severity of the judges into a smile or an open laugh j not one who knows how to dilate and expand his subject, by reducing it from the limited considerations of time and person, to some general and indefinite topic ; not one who knows how to enliven it by an agreeable digression ; not one who can rouse the indignation of the judge, or extort from him the tear of compassion ; or who can influence and bend his soul (which is confessedly the capital perfection of an orator), in such a manner as shall best suit his purpose. XCIV. ^- When Hortensius, therefore, the once eloquent and admired Hortensius, had almost vanished from the forum, my appointment to the consulship, which happened about six years after his own promotion to that office, revived his dying emulation ; for he was unwilling that, after I had equalled him in rank and dignity, I should become his superior in any other respect. But in the twelve succeeding years, by a mutual deference to each other's abilities, we united our efforts at the bar in the most amicable manner ; and my con- sulship, which had at first given a short alarm to his jealousy, afterwards cemented our friendship, by the generous candour with which he applauded my conduct. But our emulous efforts were exerted in the most conspicuous manner, just before the commencement of that unhappy period, when Eloquence herself was confounded and terrified by the din of arms into a sudden and total silence ; for after Pompey had proposed and carried a law, which allowed even the party accused but three hours to make his defence, I appeared (though comparatively as a mere noviciate by this new regu- lation) in a number of causes which, in fact, were become per- fectly the same, or very nearly so ; most of which, my Brutus, 502 BRUTUS; OR, you were present to hear, as having been my partner and fellow-advocate in many of them, though you pleaded several by yourself ; and Hortensius, though he died a short time afterwards, bore his share in these limited efforts. He began to plead about ten years before the time of your birth ; and in his sixty-fourth year, but a very few days before his death, he was engaged with you in the defence of Appius, your father-in-law. As to our respective talents, the orations we have published will enable posterity to form a proper judg- ment of them. XCY. " But if we mean to inquire, why Hortensius was more admired for his eloquence in the younger part of his life than in hi?, latter years, we shall find it owing to the fol- lowing causes. The first was, that an Asiatic style is more allowable in a young man than in an old one. Of this there are two different kinds. The former is sententious and sprightly, and abounds in those turns of thought which are not so much distinguished by their weight and solidity as by their neatness and elegance ; of this cast was Timseus the historian, and the two orators so much talked of in our younger days, Hierocles of Alabanda, and his brother Menecles, but particularly the latter ; both whose orations may be reckoned master-pieces of this kind. The other sort is not so remarkable for the plenitude and richness of its thoughts, as for its rapid volubility of expression, which at present is the ruling taste in Asia ; but, besides its uncom- mon fluency, it is recommended by a choice of words which are peculiarly delicate and ornamental ; of this kind were ^'Schylus the Cnidian, and my contemporary ^schines the Milesian ; for they had an admirable command of language, with very little elegance of sentiment. These showy kinds of eloquence are agreeable enough in young people; but they are entirely destitute of that gravity and composure which befits a riper age. As Hortensius therefore excelled in both, he was heard with applause in the earlier part of his life. For he had all that fertility and graceful variety of sentiment which distinguished the character of Menecles : but, as in Menecles, so in him, there were many turns of thought which were more delicate and entertaining than really useful, or indeed sometimes convenient. His language also was brilliant and rapid, and yet perfectly neat and accurate ; but by no means agreeable to men of riper years. I have REMARKS ON EMINENT ORaTORS. 503 often seen it received by Philippus with the utmost derision, and, upon some occasions, with a contemptuous indignation ; but the younger part of the audience admired it, and the populace were highly pleased with it. In his youth, there- fore, he met the warmest approbation of the public, and maintained his post with ease as the first orator in the forum. For the style he chose to speak in, though it has little weight or authority, appeared very suitable to his age ; and as it discovered in him the most visible marks of genius and appli- cation, and was recommended by the numerous cadence of his periods, he was heard with universal applause. But when the honours he afterwards rose to, and the dignity of his years, required something more serious and composed, he still continued to appear in the same character, though it no longer became him ; and as he had, for some considerable time, intermitted those exercises, and relaxed that laborious attention which had once distinguished him, though his former neatness of expression and luxuriancy of conception still remained, they were stripped of those brilliant ornaments they had been used to wear. For this reason, perhaps, my Brutus, he appeared less pleasing to you than he would have done, if you had been old enough to hear him, when he was fired with emulation, and flourished in the full bloom of his eloquence." XCYI. " I am perfectly sensible," said Brutus, ^' of the J Listice of your remarks ; and yet I have always looked upon Hortensius as a great orator, but especially when he pleaded for Messala, in the time of your absence." " I have often heard of it," replied I ; " and his oration, which was afterwards pub- lished, they say, in the very same words in which he delivered it, is no way inferior to the character you give it. Upon the whole, then, his reputation flourished from the time of Crassus and Scaevola (reckoning from the consulship of the former), to the consulship of Paullus and Marcellus ; and I held out in the same career of glory from the dictatorship of Sylla, to the period I have last mentioned. Thus the eloquence of Hortensius was extinguished by his own death, and mine by that of the commonwealth." " Presage more favourably, I beg of you," cried Brutus. " As favourably as you please," said I, ^' and that, not so much upon my own account as yours. But Jus death was truly fortunate, who did not live to behold the miseries which he had long foreseen ; for we 504 BRUTUS ; OR, often lamented, between ourselves, the misfortunes which hung over the state, when we discovered the seeds of a civil war in the insatiable ambition of a few private citizens, and saw every hope of an accommodation excluded by the rash- ness and precipitancy of our public counsels. But the felicity which always marked his life seems to have exempted him, by a seasonable death, from the calamities that followed. But as, after the decease of Hortensius, we seem to have been left, my Brutus, as the sole guardians of an orphan eloquence, let us cherish her, within our own walls at least, with a gene- rous fidelity; let us discourage the addresses of her worthless and impertinent suitors ; let us preserve her pure and un- blemished in all her virgin charms, and secure her, to the utmost of our ability, from the lawless violence of every armed ruffian. I must own, however, though I am heartily grieved that I entered so late upon the road of life as to be over- taken by a gloomy night of public distress, before I had finished my journey, that I am not a little relieved by the tender consolation which you administered to me in your very agreeable letters; in which you tell me I ought to recollect my courage, since my past transactions are such as will speak for me when I am silent, and survive my death ; and such as, if the Gods permit, will bear an ample testimony to the prudence and integrity of my public counsels, by the final restoration of the republic ; or, if otherwise, by burying me in the ruins of my country. XCVII. " But when I look upon you, my Brutus, it fills me with anguish to reflect that, in the vigour of your youth, and when you were making the most rapid progress in the road to fame, your career was suddenly stopped by the fatal overthrow of the commonw^ealth. This unhappy circum- stance has stung me to the heart ; and not me only, but my worthy friend here, who has the same affection for you. and the same esteem for your merit which I have. We have the warmest wishes for your happiness, and heartily pray that you may reap the rewards of your excellent virtues, and live to find a republic in which you will be able, not only to revive, but even to add to the fame of your illustrious ancestors. For the forum was your birthright, your native theatre of action ; and you were the only person that entered it, who had not only formed his elocution by a rigorous course of private practice, but enriched his oratory with the furniture of philo- REMARKS ON EMINENT ORATORS. 505 sophical science, and thus united the highest virtue to the most consummate eloquence. Your situation, therefore, wounds us with the double anxiety that you are deprived of the republic, and the republic of you. But still continue, my Brutus, (notwithstanding the career of your genius has beeij checked by the rude shock of our public distresses,) continue to pursue your favourite studies, and endeavour (what you have almost, or rather entirely effected already) to distinguish yourself from the promiscuous crowd of pleaders with which I have loaded the little history I have been giving you. For it would ill befit you (richly furnished as you are with those liberal arts which, unable to acquire at home, you imported from that celebrated city which has always been revered as the seat of learning) to pass after all as an ordinary pleader. For to what purposes have you studied under Pammenes, the most eloquent man in Greece ? or what advantage have you derived from the discipline of the old Academy, and its hereditary master Aristus, (my guest and very intimate acquaintance,) if you still rank yourself in the common class of orators ? Have we not seen that a whole age could scarcely furnish two speakers who really excelled in their profession? Among a crowd of contemporaries, Galba, for instance, was the only orator of distinction ; for old Cato (we are informed^ was obliged to yield to his superior merit, as were likewise his two juniors, Lepidus and Carbo. But, in a public harangue, the style of his successors, the Gracchi, was far more easy and lively; and yet, even in their time, the Roman eloquence had not reached its perfection. Afterwards came Antoniusand Crassus; and then Gotta, Sulpicius, Hor- tensius, and — but I say no more ; I can only add, that if I had been so fortunate [The conclusion is lost] INDEX. Academics, discipline of the, 435 ; their doctrines, 350. Academy, the, 154, 155; orators of the, 155 ; manner of disputing in the, 164, et seq. ; founded by Xenocrates, 349; New, founded by Arcesilas, 351. Accent, peculiarities of, 450. Accius, T. remarks on, 483. Achilles, the friend of Brutus, 109. Acting, points to be observed in, 361. Action, nature and principles of, 364 ; various questions relating to, 365 ; on the proper use of, 398 ; the speech of the body, 399 ; displays the movements of the soul, 399. Actor, not condemned for being once mistaken in an attitude, 174; emo- tions of the, 274, 275. Acts of a play, 21, et n. Aculeo, 221; his great knowledge of law, 194. Acusilas, the historian, 234. Admonition, how to be applied, 322. ^lius, Sextus, the Roman lawyer, 196, 201, 422: commentaries of, 211; his universal knowledge, 369; orations of, 449; remarks on, 461. .ffimilianus, Africanus, an ironical jester, 302. .ffimilius, M. 276; an eminent orator, 428. .Enigmas of metaphor, 380. iEschines, the orator, 155, 410; anecdote of, 395, 396. iEsop, the tragedian, 28. ^sopus, 218. Afius, C. 74. Afranius, the senator, 53. Afranius, M. the poet, 449. Agesilaus, acquirements of, 372. Agitation, on commencing a speech, na- tural, 176. Agnation, law of, 187, et n. Agrarian law, brought in by Julius Caesar, 21. Ahenobarbus, Cn. D. the orator, 287. etn. Albinus, A. the historian and orator, 423; notices of, 439. Albucius, T. remarks on, 438. Alcibiades. works of, 246, et n. ; his learning and eloquence, 371, 409. Alfius, the judge, 78. Alienus, the lieutenant of Q. Cicero, 6. Allegorical phraseology, use of, in ora- tory, 299. Allies, rights of, should be known to the orator, 182. Alpinus, S. orations of, 427. Ambiguity, every subject possesses the same susceptibleness of, 364. Ambiguous words, plays on, 295, 296. 'A^0tAa0ia, abundance, 48. Anaxagoras, 371, 413 ; his ridiculous doctrine of black snow, 58. Anger, proneness to, 17, 18; disposition of Q. Cicero to, 25 ; feelings of, 280 ; assumes a particular tone of voice, 397. Anicius, 54 ; Cicero's opinion of, 74. Animal body, harmony and perfection of the, 384. Annalis, 73. Annius, T. an orator, 423. Antigenidas, the musician, 454. Antimachus, the poet, 456. Antipater, of Sidon, the poet, 389. Antipater, L. C. the historian, 235. Antiphon, the essayist, 413. Antiquity must be known by the orator, 182 ; study of, 194 e^ w., 195. Antisthenes, founder of the Cynic sand the Stoics, 349. Antistius of Pyrgi, 307. Antistius, P. remarks on, 468. Antonius, C. 97. Antonius, Marcus, the friend of Cicero, 27 ; one of the orators of Cicero's Dialogues, 142, 149, 150, etseq.; prae- tor at Rhodes, 162 ; his visit to Athens, 164 ; his merits as an orator, 310, 440, 441 ; death of, 334. Antony, Caius, 107, et n. Antony, Mark, his political struggles on the death of Caesar, 90, 91 ; letter oi Brutus respecting, 92 ; the enemy of Cicero, 98, 112; named " the pro- consul," 99 ; his partisans declared to be public enemies, 104 ; his defeat. 508 INDEX. 107, 119 ; flight of, 110 ; polluted with vice, 123 ; his dangerous power in Rome, 129 — 133; his tyranny and oppressions, 137 ; pronounced a public enemy, 139. Anxiety, feelings of, 280, 281. Arra^ 6ai€7v, a Greek proverb, 27. Apollonius, the orator of Alabanda, 174. Apollonius, the orator of Rhodes, 162;'] Appelles, the Greek painter, 420. — ^ Appian road. 9, et n. Appius, a friend of Cicero, 57, 81 ; his address, 58 ; wit of, 292. Appius, the elder, saying of, 306. Appius, the blind, an able speaker, 416. Appius Pulcher, consulship of, 55. Appollonia, people of, 26. 27. Aptitude and congruity of language, 346. Apuieian law, 251, et fi.; 278. Apuleius commended by Brutus, 109. Apuleius, L. the orator, 467. Aquilius, M. his trial and acquittal, 255, et n. ; defence of, 273, 275 ; remarks on, 467. Aratus, the astronomical poet, 161. Arcanum, a village belonging to Q. Cicero, 51, QQ. Arcesilas, founder of the New Academy, 351. Argument, three things requisite for finding, 263 ; different modes of con- ducting, 267, et seq. ; the force of, to be resisted, 283; mode of arranging facts and topics of, 313, et seq. Arguments, the strongest to be main- tained, 309. Aristippus, founder of the Cyrenaic phi- losophy, 349. Aristotle, 154, 157; his divine genius, 263; his acuteness of intellect, 266; founder of the Peripatetics, 349; his manner of discussing questions, 354; his system of teaching, 372 ; the tutor of Alexander, 372 ; his remarks on metrical quantities, 385, 386 ; nervous style of, 435. Arpinum, the birth-place of Cicero, 51, 66,69. Arrius, notices of, 34, 474. Arsis, explanation of, 385, n. Art, how far necessary in oratory, &c. 176 ; not necessary to understand every art, 203 ; has no concern with wit, 288 ; harmony in the works of, 384, 385. Arts, attainments in the, 357. Arts and sciences, writers on the, must be read by the orator, 1S2; a know- ledge of, essential to oratory, 193. Ascanio, 80. Asclepiades, the physician, 159. Asellus, jests on, 297, et w., 301. Asia Minor, Quintus Cicero's govern- ment in, 1, et seq. ; Greeks of, 5, et n. ; temptations to peculation in, 5, 6 ; beneficial effects of good government in, 12: relieved from the taxation of the ^diles, 13. Ateius, 53. Athenians, learning among the, neg- lected, 343. Athens, laws of, 208; the earliest re- cords of eloquence there found, 408, 409; the early orators of, 409; rheto- ricians of, 409. Attachment, law'of, 189. Attains, the Iphemian, 28. Attic, remarks on the word, 488, 489. Attic orators, 489, 490. Attica, the daughter of Atticus, 1 14, ef n. Atticus, T. Pomponius, Cicero's letter to, respecting his brother, 30, 31 ; let- ter of Brutus to, 111 ; conference held with eminent orators, 404, el seq. ; his abridgment of "Universal History," 405. Attius, the poet, 431, 469. Aufidius, T. remarks on, 452. Aulus, Gabinius, the consul, 22. Aurelian law, 34, ei n. Autronius, P. remarks on, 473. Balbi, the two, 353. Balbus, 71; correspondence of, noticed, bl. Balbus, L. L. an able speaker, 445. Barrus, T. B. orations of, 449. Bequests, law of, 188, eb n. Bestia, the tribune, 112; Cicero makes a speech in defence of, 45 ; notices of, 437. Bibulus, the consul, 2, 43, 44; resists the Agrarian law, 21. Bibulus, L. commended by Brutus, 109. Bibulus, M. notices of, 482. Bilienus, C. remarks on, 451. Bills of exchange, Cicero's questions respecting, 34. Blandus, in Phrygia, 23, et n. Books, Cicero's suggestions respecting the collecting of, 80. Bovillae, %1. Breath, exercise of the, 181. Brevity, in a speech, 318; sometimes obtained by metaphor, 377, 378 ; some- times a real excellence, 414. Bribery, provisions against, noticed, 34, et n. ; candidates for the consulship impeached for, 7Q ; charges of, 250. Briso, M. A. the tribune, 428. Britain, Q,. Cicero's letters on, noticed, 65 ; Q. Cicero a resident of, 65, 71 ; Caesar's letter from, 75. Brutus, D. son of Marcus Brutus, 125, 431; honours proposed to, 126; re- marks on, 451. Brutus, Lucius Junius, powers of his mind, 152 ; his great capacities, 415. Brutus, Marcus Junius, Cicero's letters to, 90, et seq. ; his letters to Cicero, 92, 100, 106, 108, 109, 117, 128; his INDEX. 509 Struggles on the death of Caesar, 90 ; his letters differently arranged in dif- ferent editions, 93, 94 n. ; requires money and reinforcements, 93, 95 ; his military position, 98; his successes, 104, 106 ; military forces of, 110, 119 ; his letter to Atticus, 111 ; Cicero's ad- vice to, 1 1 1 , his high opinion of Cicero, 113, 114 ; his opinions of Octavius, 113; his retreat from Velia, 124; re- fuses to solicit the clemency of Octa- vius, and denies his regal authority, 128 — 133 ; Cicero's high encomium of, 133; his return to Rome advised by Cicero, 133, 134; his nephews, 135; witticisms of Crassus against, 285, 286 ; Cicero's conference with, on emi- nent orators, 402, et seq. ; remarks on, 438, 451, 490; lamentations of Cicero at his political difficulties, 504; his di- versified talents, 504, 505. Buffoon, what so ridiculous as a, 294. CiEciLius, the writer of comedies, 231, et n. Caecilius, L. his character, 24. Caelius, C. remarks on, 448. CcElius, L. an elegant writer, 430. Cselius, M. high character of, 484. Caepio, Q, the orator, 467 ; his trial and banishment, 276, etn.; remarks on, 439. Caepios, the two, judgment and eloquence of, 428. Caesa, meaning of, 286 n. Caesar, C. the senator, 39. Caesar, Julius, his political ohjects, 2; his contests, 21; brings in the Agrarian law, 21; the province of Cisalpine Gaul and lUyricum assigned to him, 22 ; Ci- cero's praises of, 57, 58 ; Cicero receives a flattering letter from, 60, 61 ; his Bri- tish expedition, 65 ; his comments on Cicero's verses noticed, 65 ; his regard for the Ciceros, 69 ; losses sustained by, 72; death of his daughter Julia, 72 n. ; writes from Britain to Cicero, 75 ; his good^vill towards Cicero, 82 ; state of parties on his death, 90 ; re- marks on, 224, 225, 476, 478; his elo- quence, 477 ; added all the various ornaments of elocution, 480. Caesius, an officer of Q.Cicero, 8, 23, &7, Caespasius, C. and L. remarks on, 474. Caesulanus, remarks on, 438. Caius, a common praenomen among the Romans ; see passim. Calamis, the Greek sculptor, 420. Calidianus, C. C. remarks on, 474. Calidius, the advocate of Gabinius, 75 , high character of, 484 485. Callisthenes, the Olynthian writer, 59, ef n. ; the historian, 2.36. Calpumius, Piso, tlie consul, 22. Calventius, M. his speech noticed, 70. Calvinus, punning anecdote of, 293, et n.; notices of, 438. Calvus, punning on the word, 294. Calvus, C. L. high character of, 487, 488. Campania, lands in, 47. Canachus, the Greek sculptor, 420. Candavia, near Macedonia, 110. Caninius, 42. Canius, C. witty ingenuit}^ of, 305. Canutius, remarks on, 461. Caunians, prefer paying taxes to the Ro- mans instead of the Rhodians, 16. Capitation tax, difficulty of collecting at Rome, 135. Capito, L. 72. Capitol, design and beauty of the, 385. Capitolihe College expels Marcus Furius Flaccus, 47, et n. Carbo, Caius, the orator, 44, 181, 428: re- marks on, 430, 466, 493 ; death of, 334. Carbo, Cn. the consul, 153, et n. ; an orator, 467. Cameades, the orator and philosopher, 155, 264, 266. Carvilius, S. punning anecdote of, 293. Casca, the conspirator, 112. Cascellius, M. 24. Cassius, the friend of Q. Cicero, 27, 40; his difficulties on the death of Caesar, 90 ; holds Syria, 93 ; his military suc- cess, 96, 97. Cassius, Lucius, eloquence of, 428. Catienus, Titus, his character, 24, 25. Catiline, conspiracy of, 112, et n. Cato, C. the senator, 39, 4*2, 44; speech of, 50 ; nephew of Africanus, 431. Cato, Marcus, opposes the Agrarian law, 21; his life endangered, 29; inveighs against Pompey, 43, 44; sale of his gladiators and matadors, 49; repu- diated by the consuls, 53 ; his influen- tial position, 64 ; notices of, 206, 235, 420, 467 ; his definition of an orator, 244 n.; saying of, 302; his wit, 304; his great acquirements, 370; speeches of, 418, 426; a great orator, 419; his contemporary orators, 422. Catulus, Q. 71, 224, 467 ; his jest on Phi- lippus, 296; his death, 334; remarks on, 438, 479. Causes in law, on the management and conducting of, 248 — 254 ; inquiry into the nature of, 257 ; two species of ignorantly stated, 258; arguments to he drawn from, 268 ; the points of to be pleaded, 309, 311; mode of conduct- ing, 462. Cavillatio, meaning of the word, 283, n. Censorian laws, 17, etn. Censorinus, the friend of Q.Cicero, 27; remarks on, 472. Censuring, rules for, 325. Centumviri, a body of inferior judices, 187; their decisions. 188, 189, 190. Cethegus, M. C, eloquence of, 416; notices of, 417, 418. Cethegus, P. remarks on, 452. Chaerippus, an officer of Q. Cicero's, 8. 510 INDEX. Character, foundations for dignity of, 10. Charges, various kinds of, 250, et seg. Charisius, notice of, 4b9, Charmadas, of Athens, 155, 156, 328; his speeches, 164 — 166. Chersonese, Roman armies in the, 110. Children, on disinheriting, 188, et n. Chiio, notice of, 67. Chors, meaning of, 299, n. Chrysippus, the philosopher, 80, 83, 156. CiCEKo, Marcus Tully, letters of, to his brother Quintus, 1 — 89; the occa- sions on which they were written, 1, 21, 30, 38, 52, 55, 66] his political position, 29; his numerous friends, 29 ; his impeachment threatened by Clodius, 29, 30; letter of, written while in exile at Thessalonica, 30 ; his lamentations while in exile, 30, et seq., 35 ; his letter to Atticus, 30, 31, et n.; his aifection for his brother, 31, «. ; commends his children to the care of his brother, 35 ; causes of his self- excitement, 36; the friends who are desirous of saving him, 3() ; had not been formally banished, thouj,^h his house and villa had been seized, 38; recalled from exile, and recompense made for his losses, 38 ; his account of the proceedings in the senate-house, 39; his speech in the senate, 40; mentions the two yoimger Ciceros, 60; attacks Gabinius, 76 ; his numerous engagements, 71; defends Gabinius, 78, 79; his opinion of his own versi fication, 80 ; his works on the best form of government, 81 ; his ideas on writing poetry, 82, 85; vexations to which he is exposed, 82, 83 ; his letters Vo Brutus, 90 — 135; with introductory remarks, 90; his difficulties after the death of Caesar, 90, 91; his son com- mended by Brutus., 93; his philippics, 93; his son, in military command un- der Brutus, 108, 109; opposes Antony, 124; the advice of Brutus to, as to the power of Octavius and Antony, 129 — 133; his epistle to Octavius, 136; his portraiture of the times, addressed to Octavius, 136 — 111; his Dialogues on the " Character of the Ora or," 142, et seg. ; course of municipal honours through which he passed, 143, et n. ; the troubles in which he was at times engaged, 143; jest of, 300; his arrival at Rhodes, 402; his conference with Brutus and Pomponius on eminent orators, 404, et seq. ; his literary and political career, 497, et seq. ; the suc- cessor of Hortensius, 501. Cicero, Quintus, letters of his brother Marcus addressed to, 1, et seq. ; occa- sions on which they were written, see ante; his command in Asia extended to a third year, 1; advantages of his position, 4; invested with high mni- tary authority, 5; his integrity, 6; everywhere admired for his virtues, 6; his lieutenants in Asia, 6; advice as to his duties, 7, 8; beneficial results of his wise government, 12, 13; advised to persevere in his good government, 15 ; his political virtues, 17; advised to regulate his temper, 18, 19; general advice to, 20; character of his asso- ciates, 23 — 25; hints on the selection of letters written to him, 26 ; reproved respecting his letters on the disposition of property, 26; his brother's com- plaints against his government of Asia Minor, 30 ; quits his government, and hastens to Rome, where his enemies were preparing to impeach him, 30, etn.; his 'brother's lamenta- tions, 30, 31 ; appointed one of Pom- pey's commissioners in Sardinia, 41, et n. ; goes to Gaul as one of Caesar's lieutenants, 55 ; a resident of Britain, 6b, 71; his houses and villas, 66, 67, 69, 71 ; his letters praised by his brother, 73; his rural matters, 77; education of his son, 78, 89; the Dia- logues on Oratory, written at the request of, 142. Cincian law, notices of the, 307, n. Cincius, 47, 68; repartee of, 306. Circumluvions, law of, 187, et n. Circumstances, arguments to be drawn from, 268. Circumveniri, punning on the word, 294, et n. Citae, the legal meaning, 210, n. Cities, restoration of, in Asia Minor, 12. Civil affairs, chief qualification for giving counsel in, 321. Civil law, on the proper understanding of the, 195, et seq.; must be thoroughly studied by the orator, 182, 184; con- fusion arising from the ignorance of, 185, 186; delight in acquiring the knowledge of it, 194, 195, et seq. ; changes in the, 196, et n. ; the know- ledge of, not always necessary in ora- tory, 212, 214, etseq. Civili, explanation of, 158 n. Claudicat, punning on the word, 293. Claudius, A. eloquence of, 415, 431.; notices of, 482. Claudii, 189. Cleon, the orator, 409. Clisthenes, oratory of, 409. Clitomachus, 155. Clodius, C. notices of, 448. Clodius, L. tribune of the people, 2 ; the friend of Cicero, 91. Clodius, Publius, threatens the impeach- ment of Cicero, 29, 30; his acts of despotism and cruelty, 39, 40 ; his speech in the senate, 40; obtains the tribuneship through the interest of Caesar< &{> '- his various measures, 30 ; INDEX. 511 his bitterness, 86 ; his contests in the senate, 43, 44; his wish to obtain an embassy, 52, et n. ; his letter to Caesar noticed, 70. Coelius, S. impeachment and trial of, 50, 58. Co-heirs, Roman law of, 210. Collocation of words, 382. Colons, minute sentences, 447. Comitia, holding of the, 64, 58; brought to an interregnum, 86. Commagene, king of, 56. Common-places to be fixed in the me- mory, 269. Common things, eloquence of, 234. Comparative, two sorts of questions re- garding the, 365. Comparison, a jest may be derived from, 300. Composition of words, 382. Confidence, in whom it should be placed, 8. Consequential, questions connected with the, 365. Consolation must be treated with elo- quence, 234. Consuls, alienated from the cause of Cicero, 36; their absolute power, 53. Consulship, contests for the, 63, et n. ; candidates for the, impeached for bribery, IQt, 77; Messala elected to the, 88. Contested causes, difficulties of, 240. Contraries, arguments to be drawn from, 268. Copiousness of matter produces copious- ness of language, 367. Coponius, M. 190, 260. Corax, 166; jests on the name, 354. Corculum, a surname of Scipio Xasica, 422, et n. Coriolanus, exile and death of, 412. Cornelia, the mother of the Gracchi, 463. Cornelius, C. the informer, 44. Cornelius, P. anecdote of, 301. Corruption, decree of the senate on the subject of, 48 ; prevalence of, at Rome, 63, 64. Coruncanius, T. wisdom of, 370 ; his eloquence, 415. Costume of speech, 178. Cotta, C. A. one of the personages of Cicero's Dialogues, 142, 149, 150, et seq.; expelled from office, 334; his faults of pronunciation, 344. Cotta, L. a skilful speaker, 423 ; re- marks on, 440, 460, 479. Countenance, its importance in oratory, 398, 399. Country, love of, 195. Crassipes^ the son-in-law of Cicero, 46, 47. Crassus, Justinianus, the friend of Cicero, 86. Crassus, Lucius L. one of the orators of Cicero's Dialogues, 142, 149, et seq. , his praises of oratory, 150 ; quaestor in Asia, 155, et n. ; his oratorical accomplishments, 254 ; his witticisms against Brutus, 285, 286 ; jesting of, 299 ; witty sarcasm of, 304 ; his inge- nious mode of examination, 306 ; his varied talents, 329, 330, 446 ; anecdote of, 336 ; his general views of eloquence, 337, et seq. ; his great skill as an orator, 442 ; his skDful pleading, 457 ; his oration in defence of Curius, 478. Crassus, Marcus, the praetor, 184; his great acquirements, 471 ; his political power, 2 ; consulship of, 52, Crassus, P. 186, etn.; 211 ; wisdom of, 370; an orator of great merit, 428; notices of, 429; his high character, 487. Crebrius, notices of, 83. Criminal matters, modes of conducting, 250. Critias, writings of, 246, etn.] his learning and eloquence, 371, 409. Critolaus, the philosopher, 264, 265. Ctesiphon, 395, 396. Culleo, auction of his property, 41. Curio, C. the orator, 43, 44, 248, 432 ; his genius, 435, 436 ; the third best orator of his age, 463 ; his want of memory, 465 ; family of, 464 ; remarks on, 464, 465 ; his high character, 487. Curius, M. the friend of Cicero, 36, 190, 210, 284; eloquence of,416. Curtius, a candidate for the tribuneship, 70. Cychereus, letter of, noticed, 110. Cynics, Antisthenes the founder of, 349. Cyrenaic philosophy, Aristippus the founder of, 349. Cyrus, the architect, 41. " Cyrus," of Xenophon, its objects, 12. Decius, p. style of, 432. Definition, meaning of the term, 193; how far useful, 251 ; the various dis- putes on, 365. Deliberations in cases of law, 250. Delivery, one of the essentials of an oration, 178 n.; manner of, the sole power in oratory, 395 ; Demosthenes' opinion of, 395 ; the voice materially contributes to its effectiveness, 3L-9. Demades, the orator, 410. Demochares, the Greek writer, 247 ; notices of, 489. Democritus, the philosopher, 156 ; his followers, 153. Demosthenes, possessed of the utmost energy of eloquence, 165 ; his ef- forts to acquire perfection, 218; his opinion of the chief requisite of elo- quence, 395 ; a complete orator, 410 ; style of, 435. ^^laXeKTiKt], the art taught by Diogenes, 265. c 512 INDEX. Diligence, requisite for finding argu- ment, 262 ; to be particularly culti- vated, 262. Dinarchus, the orator, 410. Diogenes, the philosopher, 264, 265. Dion of Syracuse, learning of, 371. Dionysius, 236 ; a great intriguer, 59. Dionysopolis, the people of, 24. Diophanes, the eloquent Grecian, 430. Diphilus, 66, 67. Disposition, one of the parts of an oration, 178 w. Disputation, manner of, among the Greeks, 164, et seq., 169; no kinds of, should be foreign to the orator, 368. Dissimilarity, arguments to be drawn from, 268. Dissimulation, joking slm.ilar to a sort of, 302. Distortion of features, unworthy of an orator, 295. Di visores, explanation of the term, 297 n. Dolabella, kills Trebonius, 92; his career in Asia, 93 ; his oppressions, 97 ; de- feated and slain, 110 ; reports respect- ing, 1)0. Domitius Calvinus, 79. Domitius, Cnaeus, the praetor, 29, 58 ; consulship of, 55, 58, 63 ; his coalition with Memmius, 63 w. ; befriended by Cicero, 72 ; impeached for bribery, 76, 77; commended by Brutus, 109; jest of Crassus against, 291 w. ; remarks on, 448. Domitius, L. notices of, 482. Doubt, matters admitting of, how to be decided, 261. Drusus, 142, 149 ; acquitted of prevari- cation, 64 ; his complaints against Philippus, 332. Drusus, M. and C. the orators, 432, 467. Duodecim Scriptis, the game so called, 203 n. Dyrrhachium, 93, 96. Ea Trao-a?, quoted by Cicero. 54. Echion, the Greek painter, 420. Egilius, witty repartee of, 304. El 6' ev aia eCncra?,'quoted by Cicero, 54. Elocution necessary in oratory, 342. Eloquence, diflaculty of acquiring the art of, .147 ; the piaises of Crassus in favour of, 150, 151 ; Scsevola's opinions on, opposed to those of Crassus, 152 ; the early Romans destitute of, 152; ancient laws, customs, &c. not esta- blished by, 153; saying of Socrates on, 159 : connected with oratory, 163; consists in the art of speak- ing well, 164; of the Academicians, 164, et seq. ; different from good speaking, 167 ; every branch of know- ledge necessary to, 222 ; advantage of, 229 ; whether it is desirable ? 232; of common things, 234; power of, mostly the same, 321 ; one and the same, in whatever regions of debate engaged, 338, 339; the different kinds of, 339, et seq. ; the distinguishing title of, 346; power of, denominated wisdom, 347; the real power of, 353; various requisites for, 359, 391, etseq.; the greatest glory of, to exaggerate by embellishment, 362 ; wonderful love of, in Greece, 408; the house of .Iso- crates the school of, 409 ; the age when it flourished, 410, etseq. ; the attendant of peace, &c. 413 ; what is the perfect character of, 459. See Oratory and Speaking. Embassies, nature of, explained, 52. Embellishment, one of the parts of an oration, 178 w. Emotions of the mind, 272, et seq. ; ex- pressed on the countenance, 396 ; and by gestures, 398. Empedoclea of Sallust, 56. Empedocles, 203. Ennius, 181; an axiom of, 284; his "An- nals," 416; remarks on, 417; notices of, 420, 421 ; death of, 422. Entreaty, sometimes very advantageous, 322. Epaminondas, talents of, 372 ; erudition of, 414. Ephorus, the historian, 236. Equity, sometimes the object of oratory, 178; on questions of, 260. Eretrians, sect of, 349. Evidence, to be given with great exact- ness, 233. Exhortation must be treated with elo- quence, 234, Exile, letter written by Cicero in, 30; miseries of enumerated, 32 ; causes of, 36. Exordium of a speech, 316 — 318. Expectation, jokes contrary to, 206. Expediency, how to be treated in ora- tory, 311. Eyes, management of the, in oratory , 399. Fabius, C. 25. Fabius Maximus, jest on, 302. Fabius, S. the orator, 423. Fabricius, the friend of Cicero, 36. Fabricius, C. witticism of, 301; eloquence of, 415. Facetiousness, good effect of, 322. Facts, questions on the nature of, in- numerable and intricate, 259 ; from the facts themselves, very few and clear, 259 ; statement of, in a speech, 319. Fadius, the friend of Cicero, 36. Fannii, Caii, the orators, 429. Fannius, the annalist, 301. Farmers of the revenue, 4; disputes among the, 5 ; on the just manage- ment of, 15, 16; wrongs committed by the, 16; released from some of the INDEX. '513 conditions of their contract, 22 ; their extortions in Syria, 50, et n. Favonius, 43. Fear, feelings of, 280 ; assumes a parti- cular tone of voice, 397. Feelings to be worked on, 280. Felix, will of, left unsigned, 89. Festivals of Rome in December, 39, et n. Fimbria, C. notices of, 245, 438, 471. Flaccus, M. F. a tolerable orator, 431, 432. Flaminius, T. an accurate speaker, 432; remarks on, 479. Flavins, his disputed estate referred to Cicero, 110. Flavins, Cn. 192. Flavins, L. his interview with Cicero, 2Q, 27. Flood of waters at Rome, 84. Folly, witty, mode of exposing, 304. Formiae in Campania, 9. Fortune not to be relied on so much as virtue and moderation, 4. Forum, affairs of the, T6. Friendship, professions of, to be guard- ed against, 8; especially among the Greeks, 9. Fufidius, 67 ; a tolerable pleader, 433. Fufius, L. 190, 345; remarks on, 467. Fulvius, the orator, 423. Fundanus, C. 26. Furius, L. 264. Furius, M. expelled from the Capitoline College, 47. Fusius, 245. Gabinian law, 58. Gabinius, 29; proconsul of Syria, 51, et n.; gojt^emor of Syria, 58; prosecuted by different parties, 71, 75, 76 ; his un- popularity, 74; his conduct, 75; im- peached for bribery, 77, 78 ; detested by all, 78; his acquittal, 78; Cicero not an advocate, but simply a witness respecting him, 87. Galba, C. notices of, 437. Galba, S. 153, 21 1; his tragic speech, 206 ; repartee of, 299 ; the best speaker of his age, 423 ; his successful pleadings, 425; his energetic defence against Libo, 426; inferiority of his written compositions, 427; remarks on, 492. Gallus, C. A. an able speaker, 445. Games, excessive taxation for support- ing the, 13, etn. Gaul, commotions in, 2. Gauls, auxiliary forces from the, 119. Gellius, 39, 430; remarks on, 421. General, what he is, 200, 201. Genius, the great end of speaking, 171 ; ■requisite for finding argument, 262. Gesture, appropriate, ought to attend the emotions of the mind, 398. Glabrio, notices of, 39, 473. Glaucia, repartee of, 299: remarks on, 467. Glory of a great name, 20. Glycon, the physician of Pansa, 109. . Good breeding essential to the orator, 161. Gorgias, the Leontine, 169 ; his universal knowledge, 368 ; a rhetorician, 409 ; an essayist, 413. Gorgonius, C. remarks on, 453. Government, precepts on the just admi- nistration of, 11, 12; beneficial results of, under Q. Cicero, 12; the sort of wis- dom applied to, 164; nature of, should be known to the orator, 182. Gracchus, the augur, 41. Gracchus, Caius, his pitchpipe for regu- lating the voice, 400 ; genius of, 436. Gracchus, T. the Roman orator, 201, 422, 428; his effective delivery, 396; his death, 430. Grammarians, number of, who have ex- celled, 145. Granius, witticisms of, 292, 296, 305; anecdote of, 450. Gratidianus, M. 189, 449. Gratidius, the lieutenant of Q. Cicero, 6. Gratidius, M. notices of, 449. *' Great Annals," the early records of Rome, 234. Greece, the studies and arts of, advan- tageous, 14; the seven wise men of, 371 ; her wonderful love of eloquence, 408 ; orators of, very ancient, 414. Greek, on the reading and study of, 236, 237. Greek orators, translations of, 18. Greek writers have produced their dif- ferent styles in different ages, 246, 247 ; their varied abilities, 263. Greeks, their friendship to be guarded against, 9 ; their right to pay taxes, 16 ; complaints of the, 23 ; oratory of the, 148, 155; their manner of dis- putation, 164 et seq., 169; character of the, 226; their powers as writers of history, 234 ; their manner of teach- ing oratory, 242 ; objections to it, 243 ; some degree of learning and politeness among the, 359. Greeks of Asia Minor, 5, et n. Greville, punning on the name, 293, 294 w. Gutta, supported by Po'mpey, 86. Halicarnassus, in Asia Minor, 12. Hand, action of the, in oratory, 398. Hannibal, his opinion of Phormio's ora- tion on the military art, 241. Harmony of words, 382, 383 ; of natural things, 384; of sounds, 390. Hatred, feelings of, 280. Hearers influenced by the different qua- lities of a speaker, 271. Hegesias, remarks on, 489. Hellanicus, the historian, 234. Helvetii, frequent inroads of the, 2. Hephaestus of Apamea, 24. Herctum, the legal meaning, 210, ct n. Hercules of Polyctetus, 239. L L 514 INDEX. Herennius, M. remarks on, 448. Herillians, sect of, 349. Hermias, Cicero's letter respecting, 27. Hermippus of Dion5Sopolis, 24. Hermodorus the dock-builder, 159. Herodotus, eloquence of, 235. Herus, the bailiff of Cicero, 66. Hierocles, 247. Hippias of Elis, his universal knowledge, 368, 409. Hirrus, Cicero sneers at, 86, 88. Hirtius the consul, 91 ; slain in battle, 104. History must be studied by the orator, 182 ; a knowledge of, essential to oratory, 217; what are the talents requisite for, 234 ; Greek and Latin writers of, 234, 235, 236; how far is it the business of the orator? 237; the general rules of, obvious to common sense, 237 ; humorous allusions may be drawn from, 300 ; truth of, much corrupted, 418. Homer, eloquence appreciated by, 411; poets existed before his time, 420. Honour, how to be treated in oratory, 321 . Honours, on the conferring of, 126, 127; course of, through which the Romans had to pass, 143, et n. ; whether they should be sought ? 232. Hope, feelings of, 280, 281. Hortensius the orator, 401 ; his death, 402 ; his character, 402, et seq. ; his genius, 469; his coevals, 470 ; biogra- phical notices of, 494 ; his distin- guished qualities, 495, 502, et seq.; succeeded by Cicero, 501. Hostilius, C. 210; " Cases of," 213. House, contest respecting the sale of a, 189, 190. Humanity, to be exhibited to those from whom we received it, 14. Humour, strokes of, necessary in oratory, 283, et seq. Hypallage, form of, 380. Hyperides, the orator, 410. Hyps82us, his contest with C. Octavius, 184, 185, et n. Ictus metrici, explained, 385 w. Ill-temper, proneness to, 18. Imitation, advice respecting, 245 ; the orator should be moderate in, 291. Impertinent, definition of the word, 225. Impossible, on treating the, 321. Incidi, explanation of the word, 70. Indecency of language to be avoided in oratory, 295. Indiscretion, various ways in which it may be prejudicial to the orator, 311, et n. Inheritances, formulae for entering on, 169, p.tn. Inquiry, various subjects of, 364. Instances, parallel, arguments to be drawn from, 263. Intestacy, law of, 189. Intimacies, caution to be observed in the formation of, 10. Invention, one of the parts of an oration, 178 w. Invention and arrangement essential to oratory, 220. Ionia, in Asia Minor, 12. Ironical dissimulation sometimes pro- duces an agreeable effect, 301. Ironical use of words, 299. Irony of Socrates, 491. Isocrates, the father of eloquence, 223, 392 ; his house the school of elo- quence, 246, 409 ; his mode of teach- ing, 383, 410, 461 ; a writer of orations, 414. Italy, formerly called '* Magna Graecia," 264. Jesting, mimicry a species of, 295; the various kinds of, 295, et seq. Jests, Greek books on, 283 ; the kind that excite laughter, 289, 293 ; various sorts of, 295, et seq. ; infinite in variety, but reducible to a few general heads, 308. Jocosity, useful in oratory, 283. Jokes, 289; sometimes border on scur- rility, 292 ; often lie,in a single word, 297. See Jests. Joking, caution to be observed in, 290. Jov, feelings of, 280, 281. Julius, C. 224; death of, 324; varied talents of, 452. Julius, L. death of, 334. Junius, T. remarks on, 453. Jupiter, a work so called, 52, 53 n. Jurisprudence, a knowledge of essential to oratory, 217. Jus applicationis, 189. Jus civile, 196. See Civil Law. Jus publicum, the various heads of, 197 w. Juventius, T. remarks on, 452, Kindred, law of, 187, et n. Knowledge, the liberal departments of, linked together in one bond, 337 ; three kinds of, 364 ; all the objects of, com- prehended by certain distinguished individuals, 369, 370. Labeo, anoflBcerof Q.Cicero's, 8, 73, 99. Laelia, the daughter of C. Laelius, 463 ; her sweetness of voice, 344. Laelius, C. 201, 264; his light amuse- ments, 226; repartee of, 306; a finished orator, 423, 424 ; his pleadings, 425 ; esteemed the wisest of men, 463. Laelius, Decimus, 227. Lama, L. M. repartee of, 299. Lamia, C. his boldness of speech, 58. Lamiae, the, 45. Language, purity of, necessary, 342; faults of noticed, 343; on the ambi- guity of, 345 ; form of, follows the nature of our thoughts, 384; agreeable- INDEX. 515 ness and grace of, 385 ; metrical struc- ture of, 385 ; the various figures which tend to adorn, 391, et seq. ; fashionable delicacy of, 450. Larentia, the nurse of Romulus, 125. Largius's limb, joke on Memmius re- specting, 290, et n. Laterium, a country house of Cicero's, 50; Cicero's description of, 68, 69. Latiar, error in the name of, 46. Latin, to he spoken with purity, 342. Laughter, five things connected with, which are subjects of consideration, 289; sort of jests calculated to excite, 293, 306. Law, severity in its administration ne- cessary, 10 ; qualities necessary for, 11; instances of ignorance of, 185, 18(5 ; various disputed cases of, 188 — 192; a knowledge of, necessary to the orator, 209 ; case of, discussed be- tween Crassus and Galba,210; cases in which there can be no dispute, 211 ; cases in which the civil law is not absolutely necessary, 212, 214, et seq. (see Civil Law.) Laws must be understood by the orator, 182 ; difierent kinds of, specified, 187 ; of Athens, 208. Lawyer, who truly deserves the name ? 201. Learning, advantages of, 356, 357 ; its progress in Rome, 358 ; of the Greeks, 359. Legatio libera, meaning of the term, 52. Lentulus, Cn. 44, 471, 475. Lentulus, L. the orator, his contests in the senate, 41, 42; consulship of, 48; engages to supply Rome with corn, 49 TO.; accuses Gahinius, 78; remarks on, 423. Lentulus, Lucius, son of the flamen, 71. Lentulus, Marcellinus, consulship of, 38. Lentulus, P. the preetor, 29, 201 ; elo- quence of, 431 ; remarks on, 440. Lentulus, P. and L. notices of, 482. Lentulus, Spinther, consulship of, 38. Lepidus, M. levity and inconsistency of, 94, 25 ; folly of, 1 16 ; his children suf- ferers by it, 117 ; the fear in which he was held, 117 ; his wickedness, 121 ; a vacillating man, 123 ; his statue over- thrown, 126 ; saying of, 307; witticism of, 307 ; remarks on, 492. Lepidus and Antony, kingly power trans- ferred to, 123, 124, Letters, of Cicerto to his brother Quintus, 1 — 89 ; to Junius Brutus, 90 — 135 ; to Octavius, 1 36 (see Cicero) ; Cicero complains of their non-arrival, 84, 85 ; cautions respecting the con- veyance of, 85 ; of Junius Brutus to Cicero, 92, 100, 106, 108, 109, 117, 128; to Atticus, 111; those of Brutus dif- ferently arranged in difiererrt editions. 93, 94 n. Lex ^lia Fulvia, 30. Lex Licinia Mucia de civibus regendis, 297. Libo, T. the tribune, 426. Liciniae, the, 463. Licinius, the kidnapper, 25. Licinius, the slave of ^Esop, 28. Licinius, M. 45, 46. Lictor, duties of his office, 8. Literature and study the great pleasure of Cicero, 87. Livius, biographical notices of, 421. Locusta, 6b. Longilius, the contractor, 48. Longinus; 217. Love, feelings of, 280. Lucilius, C. the satirist, 161, et n. ; a man of great learning, 227 ; obscurity of a passage in, 295, et n. Lucius, a common Latin prsenomen ; seep(Z55m. Lucretius, poems of, 56. Luculli, L. and M. the orators, 467. Lucullus, M. the prsetor, 39. Lupus, the senator, his speech, 39. Lycurgus, 410, 411. Lysias, a complete orator, 410, 411; notices of, 418. Macedonia, 155. Macer, C. remarks on, 472. Magius, jest respecting, 300; remarks on, 452. Magnesians, make honourable mention of Q. Cicero, 55. Mago, the Carthaginian, 214, et n. Majesty, crime against, equivalent to treason, 74, et n. Mains, C. 160. Maluginensis, M. S. joke of, 298. Mancia, M. satirical jest on, 300. Mancinus, C. case of, 191. Manilian laws, 213. Manilius, M. 201; his universal know- ledge, 369; his judgment, 431. Manlius, Cn. 255, et n. Manucius, 73. Manutius, Paul, 100, n.- Marcelli, 189. Marcellinus, the senator, his speech, 39; Cicero's complaint against, 49. Marcellus, M. 42, 159; remarks on, 440. Marcus, a common prasnomen among the Romans ; see passim, Marcus, Q. a Roman orator, 423. Marius, the friend of Cicero, 54, 55. Marius, C. 276. Marius, M. the orator, 467. Matadors of Cato, 49. Mathematics, the numbers who have excelled in, 145. Maximus, Q. the orator, 431. Megarians, sect of, 349. Megaristus of Antandros, 24. ll2 516 INDEX. Memmius, 29, 71; his coalition with Domitius, 63, et n. ; exposes the coali- tion, 72; impeached for bribery, 76^ 77; his reliance on Caesar, 86; jests respecting, 290, 300, 301; his witty reproof, 306; remarks on, 475. Memmius, C. andL. remarks on, 440. Memory, the repository of all things, 147 ; one of the requisites of an ora- tor, 178, «.; to be exercised, 181, 182; ait of, 311. 327, 328; Simonides the inventor, 325. 326; a great benefit to the orator, 326. Menecles, of Alabanda, 247. Menedemus. of Athens, 164. Messala, 34; Cicero's opinion oi, 72, 86; impeached for bribery, 76, 77; made consul, 88; his high character, 122; remarks on, 475. Messala, V. elected consul, 63, et n. Messidius, Qfi, 67. Metaphor, a brief similitude, 376 ; on the use of, 377; brevity sometimes ob- tained by, 377, 378; not to be too far- fetched, 379; on the connexion of several metaphors, 381. Metaphorical use of words, 299. Metelli, C. and N. remarks on the, 475. Metellus, notices of, 201, 301, et w., 439; eloquence of, 416, 423. Metellus Nepos, consulship of, 38. Method, requisite for finding argument, 262. Metonymy, form of, 380. Metrical quantities of words or sen- tences, 385, 386. Metrodorus, 328, 353. Military art, Phormio's lecture on the, 241. Milo, the friend of Cicero, 36, 42, 43; Cicero complains of his imprudence, 50 ; applause awarded to, 71; opposed by Pompey, 86; prepares to exhibit games, 86, 88; censured by Cicero, 88. Mimicry, a kind of ludicrous jesting, 295. Misenum, of Campania, 236. Mnesarchus, 155, 164. Modulation of words, 382, 383. Mole, the rhetorician, 496, Money, charges of extortion, 250; em- bezzlement of, 250. "Motus," meaning of, 171. Mucia, sister of Metellus, 1. Muciae, the, 463. Mucius, P. 201, 211, 234. Mucins, Q. 149, 197. Mummius, L. and S. the PbOman orators, 427. Murena, P. remarks on, 472. Music, the numbers who have excelled in, 145. Myron, the Greek sculptor, 420. Mysia, in Asia Minor, 12. Mysians, mode of punishing two of them, 24. NiEvius, punning on the name, 294 %\Titings of, 417. Narration, contained in a speech, 318; difficulties of, 300. Nasica, witty repartees of, 298, 303, 304. Naso, L. O. 26. Nassenius, C. recommended by Cicero, 101. Nature, harmony and beauty of, 384. Nature and genius, the great end of speaking, 171. Naucrates, writings of, 247, et n. Nerius, Cn. the informer, 44. Nero,' C. C. old saying of, 293. Nerva, C. L. 438. Nervii, of Gaul, 85. Nicander, of Colophon, 161, et n. Nicephorus, the bailiff of Q. Cicero, 68. Nicias of Smyrna, 24. Nicomaclius, the Greek painter, 420. Nigidius, the praetor, 29. Nobilior, punning alteration of the word, 296, et n. Norbanus, C. the tribune, 255, et w., 273, 276, n., 277. Numa Pompilius, 152, 264. Numerius Furius, notices of, 357. Nummius, punning on his name, 297. Nuncupative wills, 206, et n. Nymphon of Colophon, 24. Obscurity, to be avoided in metaphor, 380. Octavianus, or Octavius, his difficulties on the death of Caesar, 90, 91 ; lauded by Cicero, 98, 124; Brutus's opinion of, 113, 114; the friend of Cicero, 120; honours proposed to, 125 ; Brutus refuses to solicit clemency from, or to allow him regal authority, 128—133; his obligations to Cicero, 134; Cicero's epistle to, on his character and con- duct, 136 — 141 ; this epistle considered spurious, 136 w. ; his tyranny and op- pression, 139, 140. Octavius, Caius, the associate of Q. Cicero, 25. Octavius Cn. his wise administration, 11 ; his contest with Hypsaeus, 184, 185, ct n. ; eloquence of, 451. Octavius, M. and Cn. the orators, 427, 467. Oppius, the confidential friend of Caesar, 69, 70, 12, 73. Oration, its eflfects when adorned and polished, 151 ; the different methods of dividing it, 242; difficulties attend- ing it, 243. Orations, written ones often inferior to those spoken, 427. Orator, The, Cicero's Dialogues on his character, 142, et seq. ; when and why composed, 142; the different persons introduced, 142 ; must obtain the knowledge of everything important, 148 ; to be accomplished in every sub- INDEX. 617 ject of conversation and learning, 152 ; can speak well on every subject, 156 ; his power consists in exciting the feelings, 157 ; he is an orator who can define his power, 159; ethical philo- sophy may be mastered by, 161 ; good breeding essential to him. 161 j nature and genius his great aids, 171 ; defini- tions of the complete orator, 172, 173, et seq. ; condemned for the' least imper- fection, 174, 175; writing his best modeller and teacher, IbO; his general studies, 181, 182; the various depart- ments of knowledge with which he should be familiar, 182 ; a knowledge of civil law absolutely necessary, 184, et seq. ; an acquaintance with the arts and sciences essential, 193; one who can use appropriate words and thoughts, 202 ; must study philosophy, 204 ; the various objects he ought to embrace, 204, 205 ; one who can use the art of persuasion, 218; invention and arrangement essential, 220, etseq.; no excellence superior to that of a con- summate orator, 229, 230 ; how far history is his business, 237 ; the kinds of subjects on which he may speak, 238, 239; Cato defines him as " vir bonus dicendi peritus," 244 n. ; his excitement of the passions, 280, 281 ; his jocosity and wit, 283; should be moderate in imitation, 291 ; distortion of features unworthy of the, 295 ; his various kinds of indiscretion, 311, ein.; his proper mode of arranging facts and arguments, 313, et seq.; a popular assembly his most enlarged scene, 321, 322; his use of panegyric, 323— 325 ; memory greatly beneficial to, 326 ; should speak with perspicuity and gracefulness, 342 ; compared with the philosopher, 371, 372 ; first made his appearance in Athens, 408; the prin- cipal qualities required, 426 ; three things which he should be able to effect, 454. Orator and poet nearly allied, 161. Orators, opinions of the Academicians on, 164, et seq. ; a wide distinction between the accomplishments and natural abilities of, 339 ; enumeration of, 339 ; of antiquity, 347, 348 ; Cicero's remarks on, 402, et seq. ; the early ones of Athens, 409 ; the Rhodian and Asiatic, 414 ; different styles of, 435 ; two classes of good ones, 460; of the Attic style, 488—490. Orators of Greece, very ancient, 414. Orators of Rome, the early ones, 415, et seq.; their age and merits, 435, et seq ; contemporary ones, 453 ; the leading ones, 462 ; their treatment, 496, 497. Oratory, on the general study of, 150; business and art of, to be divided into five parts, 178 ; writing the best mo- deller and teacher of, 180; may exist without philosophy, 208 ; legal know- ledge necessary to, 209 ; a perfect mastery over all the arts not necessary in, 215, 216; strokes of wit and hu- mour useful in, 283, et seq. ; joking in to be cautiously practised, 290 ; on the use of the ridiculous in, 292, 294; sorts of jests calculated to excite laughter, 293, 294 ; punning in, 292— 294 ; peculiar habits to be avoided, 295 ; various kinds of jesting used in, 295, et seq. ; talents applicable to, 310, 311; ancient professors of, 368; me- trical harmony to be observed in, 385, 386 ; the most illiterate are capable of judging of, 390 ; the various requisites of, 391, et seq. ; considerations of what is the most becoming, 395 ; importance of delivery, 395 ; almost peculiar to Athens, 414; on the effects of, 455, 456. See Eloquence and Speaking. Orbius, P. remarks on, 452. Oresta, L. and C. A. the Roman orators, 427. Orfius, M. a Roman knight, commended by Cicero, 60. "Origines," a work written by Marcus Cato, 206. *OpOav rav vavv, a Greek proverb, 27. Osella, remarks on, 452. Paconius, the Mysian, 10. Pacuvius, passage from the play of, 264. Pcean axid. Munio, explanation of, 216 n. Paeonius, the rhetorician, 78. Painters of Greece, 420. I'ainting, a single art, though possessing different styles, 339. Palicanus, the orator, 467. Pamphilus, notices of, 354, et n. Panegyric, the ornaments and delivery of, 232, 233 ; use of, in oratory, 322— 325. Pansa, the consul, 91 ; his military posi- tion, 96; death of, 104; remarks on his death, 109 ; his energy in the senate, 119. Papirius, L. eloquence of, 449. Parallel cases, arguments to be drawn from, 269. Particulars, arguments to be drawn fri m, 267. Parties, political, of Rome, 90, 92. Passion, to be restrained, 18, 19. Passions, the power of the orator con- sists in exciting them, 157; the art of influencing the. 204 ; moving of the, 272, et seq.; to be called into action, 280, et seq. ; excitement of the, an essential part of oratory, 280, 281. Patro, the Epicurean, 28. Patroni causarum, 196 n. Paulus, L. the orator, 423. Pennus, M. the orator, 432. 518 INDEX. Percussions, mettlcal, 385, et n. Pericles, the best orator in Athens, 202; his compositions 246, et n. ; his elo- quence, 371, 408, 409 ; how it was acquired, 412, 413. Period, the largest compass of a, 385. Periods, conclusions of, to be carefully- studied, 389. Peripatetics, the, 154; founded by Aris- totle, 349; discipline of the, 435 Persius, 227; a man of letters, 429. Persuasion, the business of an orator, 177; most useful to him, 218; the chief object to be effected, 417. Phaethon, 36. Phalereus, the orator, 411. Phericydes, the historian, 234. Philippics of Cicero, 93. Philippus, the consul, 40, 149; the step- father of Octavius, 114. Philippus, L. orations of, 331, 332; notices of, 448, 454 ; his varied talents, 450, 451. Philippus, M. consulship of, 38. Philistus, the Sicilian writer, 59, et n. Philistus, the historian, 236 ; writings of, 247, et n. Philo, the architect, 159 ; the philosopher of Athens, 363, 49G. Philc^onus, the freedman, 32. Philolaus, acquirements of, 372. Philosopher, who deserves the appella- tion, 201; compared with the orator, 372, 373. Philosophers, various sorts of, 349 ; of Athens, 363; their teaching, 435. Philosophy, the parent of all the arts, 145 ; ethical philosophy may be mas- tered by the orator, 161 ; the wisdom derived from, 164, 165 ; must be studied by the orator, 204, 205 ; never despised by the Romans, 264; knowledge in the arts and sciences so denominated, 348; principles of, 354; moral philo- sophy derived its birth from Socrates, 409. Philotimus, 68. Philoxenus, ^(j. Philus, L. F. a correct speaker, 431. Phormio, the peripatetic, Hannibal's opinion of, 241. 3>i'(7tKot, natural philosophers, 203. P;ctor, the historian, 235. Pilus, the courier, 98. 99. Pinarius, T. Cicero's respect for, 74; jest on. 300. Pisistratus, learning of, 371 ; oratory of, 409, 411. Piso, the historian, 235. Piso, C. high character of, 484. Piso, L. the tribune, 431 ; a professed pleader, 431. Piso., M. the peripatetic Staseas, 169; his great erudition, 472 ; notices of, 472, 473. Pity, feelings of, 280, 281. Plancius, the senator, a friend of Cicero's, 40 ; Cicero's speech prepared for, 70. Plancus, L. his military arrangements, 94,95; his forces of, 119; honours proposed to, 126. Plato, the chief of all genius and learn- ing, 14; a citizen of Sardis, 28; the Gorgias of, 155; saying of, 337; the ancient school of, 349 ; the instructor of Dion, 371; statue of, 408; richness of his style, 435 ; anecdote of, 456. Plautus, death of, 417. Plays on ambiguous words extremely ingenious, 295. Pleading, impassioned manner of, 279; the strong ,'points of a cause to be taken, 309 ; manner of, to be adopted, 310. Pleasure assumes a particular tone of the voice, 398. Poem, epic, written by Cicero, 89. Poet, must possess ardour of imagina- tion, 275. Poetry, Cicero's ideas on writing, 82, 85. Poets, the small number who have risen to eminence, 14(i ; must be studied by the orator, 182; have the nearest affinity to orators, 161, 339. Poisoning, charges of, 250. Political treatises, preparing by Cicero, 59. Pollio, his history of the civil wars, 1. Polycletus, the Greek sculptor, 239, 420. Polygnotus, the Greek painter, 420. Ponipeius, C. remarks on, 473. Pompeius, C. and S. remarks on, 451. Pompeius, Q. the orator, 428 ; remarks on, 473. Pompeius, S. the philosopher, 160, 353. Pompey, the great, 1, 2; his defection from Cicero, 36 ; his contests in the senate, 42, et neq. ; large amount of money voted to, 47 ; his uni.opularity, 50 ; consulship of, 52 ; Cicero's inter- views with, 52, 55 ; defends Gabinius, 78, 79 ; patronage of, 86. Pompey and Crassus, second consulship of, 142. Pompilius, M. a man of abilities, 416. Pomponia, 48, 69. Pomponius the orator. 34, 345 ; marriage of, 45 ; his conference with Cicero on eminent orators, 404. See Atticus. Pomptiiiius, triumph of, 81. Pontidius, P. notices of. 475. Popilia, 232. Popilius, P. and C. the Roman orators, 427. Popular Assembly, the most enlarged scene of action for an orator, 321, 322. Porcia, the mother ^f young Cicero, 89. Porcina, M. 153. Portia, 115. Postumius, T. remarks on, 482. Power and wisdom, on the union of, ir political government, 14. INDEX. 519 ** Praeco actionum," an instructor of forms, 209, et n. Praetexta, Cicero's ridicule of the, 56. Praetors, ineffectiveness of tlie, 3 ; at- tendants on the, 7; the friends of Cicero, 29 ; list of in the senate, 39. Pragmatici, pleaders' assistants, 196, et n., 216. Praises of all men to be secured, 19. Precepts addressed to Q. Cicero, 10. Prevarication, the legal meaning of, 64, et n. Promises of adherence made to M. Ci- cero, 29. Proof, two kinds of matter for the pur- pose of, 253. Property, reproof of Q. Cicero respecting the disposition of, 26. Protan^oras, the rhetorician, 409 ; an es- sayist. 413. I Protogenes, the Greek painter, 4^0. Proverbs may be applied in oratory, 297. Ptolemy Auletes, king of Alexandria, 41, et n. Publius, a common praenomen among the Romans ; see passim. Publius Afdcanus, 201, 264, 423. Publius, C. saying of, 302. Punishments necessary to inflict on the guilty, 126, 127. Punnmg, anecdotes of, 292—294. Pupian law, 58. Pyrrhonians, sect of, 349. Pythagoras, 372. Pythagoreans, the, 153; Italy formerly full of, 264. QujESTOR, duties of the, 6. " Quasi dedita opera," remark on, 166 n. Questions to be employed in controversy, 363, et seq. Quintius, L. the orator, 467. Quintus, the son of Quintus Cicero, 46, 47. Quintus Curtius lauded by Cicero, 76. Quintus Marcius Rex, 255, et n. Quintus Publicenus, statue of, 28. Quirinalia, the, 44. Racilius the senator, his speech, 39, 40. Ranters of Rome, 452, 453. 'PaOvixoTepa, definition of, 65. Reatinus, L. O. remarks on, 473 Rebuke, severity of, 322. Repartees, 299. Reproof must be treated -with eloquence, 234; familiar reproof often amusing, 305. Republic, dangerous state of the, 29; Cicero's account of the situation of the, 77; Cicero's anxieties respecting its difficulties, 88. See Rome, Republics may be happy, if governed by wisdom, 14. Reputation, to be cultivated, 4; necessity of maintaining it when earned, 20. Respondendi de jure, the custom, 197 n. Rhetoric, masters of, 157; books of, 157; on the study of, 265, 266 ; Latin teach- ers of, 358. Rhetoricians, 164, 165 ; their mode of reasoning, 363; of Athens, 409; their mode of teaching, 409 ; opposed by Socrates, 409. Rhythm and harmony essential in ora- tory, 331, 346. Ridicule, 304. Ridiculous, what are the several kinds of the, 289; in things, 291; in words, 291 ; sometimes slides into scurrility, 292 ; not always wit, 294. Roman language, its purity corrupted by strangers, 479. Rome, political struggles in, 2, 29, 62, 88, 90, 119, 120 ; general licentiousness in, 11; excessive taxation for the games at, 13, et n. ; great flood at, 84; civU commotions in, 99, 102, 103, et seq., 110, 111, 116; under the power of Lepidus and Antony, 123, 124; her pecuniary difficulties, 135; the capitation tax re- sisted, 135, et n. ; Cicero's portraiture of her subjugation, 136 — 141 ; early orators of, 415, et seq.: orators con- temporary with Cato, 422 ; on the age and merits of the orators of, 435, et seq.; contemporary orators of, 453; their treatment, 496, 497 ; overthrow of the commonwealth of, 504. Romulus, 152, Roscius, the Roman actor, 174, 215, 216 ; his perfection in acting, 175, 361; his judgment of action, 288. Rufius, C. remarks on, 479 ; his speech, 480. Rufus, his discourse on the passions, &c. 279, et seq. ; on strokes of wit and humour, 283—286. Rules of art not necessary in the elo- quence of common things, 234. Rullus, the law of, 1, 21. Rusca, M. P. jesting of, 299. Rusticellus, C. remarks on, 449. Ruta, meaning of, 286 n. Rutilius, 191; his high character, 206, 2U7 ; sent into exile, 207 n. ; anecdote of, 305 ; his qualities as an orator, 424, 425, 432, 433. Sacramento, explained, 154 n. Salinator, L. jest on, 302. Sallust, 79 ; his opinion of Cicero's work on the best form of government, 81. Salvidienus, 113. Salvius, 73, 75. Samos, in Asia Minor, 12. Sannio, why so called, 294 n. Sardinia, an unhealthy island, 45, et n. Satrius, the lieutenant of Trebonius. 110. Sayings, called Dicta, 284. Scaevola, the pontiff; 184 w. 520 INDEX. Scaevola, M. M. a candidate for the con- sulship, G3, et n. Scaevola, P. 186, et n.\ his acuteness, 431. Scaevola, Q. the tribune, 27, 184, 185, 463 ; one of the orators of Cicero's Dialogues, 142, 150, etseg.; his great learning, 190; accusation against, 3(J5, et n. ; an able civilian, 442: his merits as an orator, 443 ; pleadings of, 457. Scaurus, Cicero's speech prepared for, 70 ; impeached for bribery, 7Q, 77 ; cast off by Pompey, 86 ; defended by Cicero, 72; witty reproof of, 305; his oratory, 432, 433, 439. Science necessary to the orator, 353. Sciences, a knowledge of, essential to oratory, 193 ; extent of the, not to be dreaded, 357 ; their grandeur dimi- nished by the distribution of their parts, 3G9 ; comprehended by certain distinguished individuals, 369, 370. Scipio the elder, jesting of, 299. Scipio, Lucius, remarks on, 451. Scipio, P. the Roman orator, 422 ; notices of, 437; called the darling of the peo- ple, 463. Scopas, anecdote of, 325, 326. Scribonius, L. 206. Sculptors of Greece, 420. Sculpture, a single art, though possess- ing different styles, 339. Self-respect, to be supported, 10. ♦ Sempronii, T. and C. 152. Sempronius, A. 293. Senate of Rome, Cicero's account of its proceedings, 39 ; violent contests in the, 43, 47, 64 ; proceedings in the, 49 ; its usages should be known to the orator, 183. Septumuleius, jest on, 301. Sergius aurata, 189. Serjeant, duties of his office, 7, et n. Serranus, Domesticus, funeral of, 86. Sertorius, Q,. remarks on, 453. Service, right of, explained, e>7 n. ; law of, 189, 190, etn. Servilia, the mother of Brutus, Cicero's visit to, 133, et n. Ser villus, 39, 73, 81, 99; Cicero's ani- madversions on, 95 ; jesting of, 299 ; • notices of, 483. Servilius the younger, 43. Servius narrowly escapes conviction, 50. Servius Pola, brutal character of, 58. Servius Tullius, 162. Sestius, the friend of Cicero, 36; im- peached, 44, 45; his acquittal, 45, 46. Severus Antistius, the senator, 40. Sextantis, non esse, a punning expres- sion, 296, etn. Sextilius, Q. the senator, 40. Sexti'us, C. joke on, 292. Ship, arrangement and art of a, 384, S85. Sicilians, their first attempts to write precepts on the art of speaking, 413. Sicinius, Cn. jest of, 465 ; a speaker of some reputation, 481. Signet-ring, importance of its proper use, 7. Silanus, D. remarks on, 473. Silanus, M. remarks on, 439. Similarity, arguments to be drawn from, 268. Similes, not to be too far-tetched, 379. Similitudes, jests derived from, 300. Simonides, of Ceos, inventor of the art of memory, 325, 326. Sisenna, his qualifications as an orator, 469, 479. Slaves, how far they are to be trusted, 9. Smart sayings, 294. Snow, black, 58. Socrates, his Phaedrus of Plato, 150; sayings of, 159, 199; his defence before his judges, 208 ; condemned through want of skill in speaking, 208; his ironical wit, 302, 491 ; his great genius and varied conversation, 348 ; various sects of philosophers who followed him, 349 ; opposed to the rhetoricians, 409. Solon, oratory of, 409. Sounds, harmony of, 390. Speaking, many persons admirable in everything but this, 144, 145; the general study of, 146 ; it is noble to affect assemblies of men by, 150, 151 ; who may be considered a good speaker, 167; what is the art of, 170; a mere difference about the word, 170, 171; nature and genius the great ends of, 171 ; men by speaking badly become bad speakers, 180; the correct order of, 200 ; the whole success of, depends on three things, 253 ; three things re- quisite for finding argument, 262 ; on receiving instructions in the art of, 266 ; the hearer should be favourable to the speaker, 270; morals and prin- ciples of the speaker to merit esteem, 271 ; fashion of, to be varied, 321 ; different peculiarities of, 340 ; ancient masters in the art of, 368; various requisites in the art of, 391, et seg.; first attempts of the Sicilians to write precepts on the art of, 413; art of, studied beyond the limits of Greece, 414. See Eloquence and Oratory. Speech, costume of, 178; requisites for a, 359. Speeches, mode of arranging, 314, et seq. ; exordium of, 316 ; narration, 318; statement of facts, 319; less dis- play required before the senate than the people, 320 ; on the treatment of different subjects, 321, et seq. ; use of panegyric in, 322, 323 ; the most ornate which spread over the widest field, 366. INDEX. 521 Spirit, not to be lowered, 4. Spoletinus, P. C. notices of, 483. Spondalia, remarks on the word. 275. Sputatilica, observations on tbe word, 480, et n. Stabbing, charges of, 250. Stajenus, C. remarks on, 474. State, interests of the, should be learnt by the orator, 182. Statins, the freedman, his visit to Cicero, 22 ; his undue influence, 23. Stellicidia, law of, 188. Stirps and gens, legal difference, 189. Stoics, the, 154 ; Antisthenes their founder, 349; their doctrine, 350; lan- guage of the, 435. Style in speaking, every age has pro- duced a peculiar one, 246, 247-; metri- cal harmony of, 331, 387, 388; to be ornamented with a tasteful choice of words, 331, 346, etseq. ; a well-adjusted one established in Athens, 409. Styles of the Greek orators, 435. *' Suavitate'prope aequal em, "meaning of the phrase, 31 n. Subjects of inquiry, the various modes of treating, 364. Sulpicius, C. the Roman orator, 422. Sulpicius, P. one of the personages of Cicero's Dialogues, 142, et seq. ; his first appearance in the forum, 244; his great improvement in oratory, 245 ; death of, 335 ; his faults of pronuncia- tion, 344; remarks on, 444, 445, 460, 461. Sylla, taxes levied by, 16. Symbols, use of, in artificial memory, Tatjriscus, saving of, 399. Taurus, M. 68. Taxation, Asia Minor relieved from, 13. Taxes, on the collection of, by farmers, 16; necessity of, 16. Tellus, temple of, 71. Temper, to be preserved, 18. *' Tempora," explanation of, 187. ♦* Tenedian axe," origin of the phrase, 55. Tenedians, curtailment of their liberty, 55. Tennis, playing at, 162. Tertia, the sister of Brutus, 93, 9Q. Thales, wisdom of, 371. Themistocles, his memory-, 311 ; elo- quence of, 409; an orator, 411; death of, 412. Theodorus, a writer of orations, 413. Theophrastus, 154, 156, 157 ; his thought on style, 387; erudition of, 411; his sweetness of style, 435 ; anecdote of, 450. Theopompus, 26, 57; the historian, 236. Iheramenes, writings of, 246, et n.; elo- quence of, 409. Thesis, explanation of, 385 n. Thessalonica, exile of Cicero to, 30, 31. Thorius, S. remarks on, 440. Thrasymachus, the rhetorician, 409. Thucydides, his excellence as an his* torian, 235. Tiberius Nero, 71. Timasus, the historian, 236. Timanthes, the Greek painter, 420. Time-servers, their odious qualities, 213. Timidity, natural to the orator, 173, 174. Timotheus, talents of, 372. Tineas, T. anecdote of, 4o0. Tiro, 70; Cicero's freedman, 73. Tisias, 166. Titius, C. remarks on, 448, 449. Titius, S. 233, 295; remarks on, 468. Titius, T. 50. Tones of the voice, 396, 397. Tongue, exercise of the, 181. Torquatus, L. 78; remarks on, 473; notices of, 481. Torquatus, T. notices of, 475. "Tragoediis suis," explanation of, 203, Trail es, in Lydia, 9. Treason, the law of, 251. Treaties and conventions should be familiar to the orator, 182. Trebatius, afrier'^ of r^ot-m fio. 61, 69. Trebonius, 70; ^ ,.^ ■-■"' ,: .» Trees, harmony Trials, on the c . . • Triarius, notice Tribune ship, ' Curtius a car . Tribute, diffici, . 135. Trifling jests, : Trinummus, t Triumvii-ate o Trouble gives voice, 398. Truth has the advantage over imitation, 396. Tubero, the lieutenant of Q. Cicero, 6. Tubero. Q. M. the orator, 434. Tuditanus, C. the orator, 427. Tullia, daughter of Cicero, betrothed to Crassipes, 46, 47 ; Cicero's sorrow for, 115, Tullius, M. the inform-er, 44. Turius. L. remarks on, 472. Tuscenius, complained- of by Cicero, 10, 24. Tutor, the old mimic, 298. Twelve Tables, laws of the, 1 85, 195. Tyrannio, 46, 80, 83. Tyranny, remarks of Brutus on, 123—' 133. Tyrians, embassy from the, 58. Universe, harmony and beauty ot the, 384. Urania, a work so called, 52. Valerius, L. orator}^ of, 415. Valerius, M. the Dictator, 415. y 522 INDEX. Valerius, Q. the most learned of all the Latins, 344. Valerii, Q,. and D. remarks on, 449. Vargula, witticism of, 292, 293. Varian law, the, 461. Varius, Q. remarks on, 466. Varro, the historian, 417; remarks on, 449 ; erudition of, 461, 481. Varrus, P. L. witty saying of. 294. Vatinius, his motioiL in the senate, 22 ; defended by Cicero, 65 ; letter of, 89. Velia, Cicero meets Brutus at, 124. Vclina, remarks on, 452. Velleius, C. the philosopher, 353. Velocius, Q. master of the gladiators, 356. Venafrum, 67, 68. Vergilius, the associate of Q. Cicero, 25. Verres, his rapacity, 5 n. Verrucosus, Q. M. a good speaker, 416. Verses often harmoniously introduced, 297. Vespa, T. 295. **Veste," meaning of, 183 n. Vettius, Q. remarks on, 449. Vetus, Antistius, the friend of Brutus, 93 ; a friend to the commonwealth, 100. "^- "ius, 52, 72, 73. us, M. the stoic, 354. :e assumes a particular tone of , 397. IS, M. remarks on, 452. md moderation more to be relied an fortune, 4. public, of Quintus Cicero, 6 ; ) is eloquent possesses all the, 1 64; nt kinds of, 323, 324; a know- :)f, necessary to the orator, 325. *^ Q. L. remarks on, 452. Voice, exercise of the, 181; a certai tone of, to be cultivated, 344 ; tones i' the, like musical chords, 396, 397 contributes most to effectiveness jy delivery, 399; a pitchpipe used fr- regulating the, 400. Volcatius, the praetor, 39. Will, a disputed case of, 190, 191; plea' ings in the case of a, 457, 458. Wisdom, derived from philosophy, 16' 165 ; the power of eloquence so denom nated, 347. Wise men of Greece, the seven, 371. Wit, strokes of, 283 ; art has no conce: with, 288; consists in the though 295. Wit and humour, strokes of, useful oratory, 283, et seq. Witticisms. See Jests. Words without sense valueless, 256; c the choice and arrangement of, 35: proper and improper, on the use c 375, 370 ; metaphorically used, 376, 3/ "■ composition, collocation, and mod lation of, 382, et seq. Writing, controversies respecting f' interpretation of, 178; the best m deller and teacher of oratory, 180 ; co tests respecting the interpretation < 251, 252. Xenocrates, the founder of the Ac demy, 349. Xenophon, the historian, 236. Zeuxis of Blandus, 23; his reputati and character, 24. Zeuxis, the Greek painter, 420. THE END. LONDON: PRINTED BY WILLIAM CLOWKS AND SONS, STAMFORD STREET AND CHARING CROSS. lk3 .Ji^