"fifty*- m >* v>v ■ 1 1,' i < i /',-.' i ■ V ^H ■ ■ ■ ■ ■ SfA.V, I ■ ■ ■ ■ ;' rt, ,.'. r^ / w>» Mir--" Class __ ; Book___ CICERO'S SELECT ORATIONS; TRANSLATED INTO ENGLISH; WITH THE ORIGINAL LATIN, FROM THE BEST EDITIONS, IN THE OPPOSITE PAGE; AND NOTES HISTORICAL, CRITICAL, AND EXPLANATORY, DESIGNED Tor the Use of Schools, as well as Private Gent.lemf.st* By WILLIAM DUNCAN, PROFESSOR OF PHILOSOPHY IN THE UNIVERSITY OF ABERDEEN. A NEW EDITION, CORRECTED, PRINTED FOR VERNOR AND HOOD; J. CUTHELL; WYNNE AND SCHOIEYj J. WALKER; OGILVY AND SON; J. MAWMAN; LAC&INGTONj ALLEN, AND CO.; J. NUNN, AND R. LEA, LONDON, 1801, By T. Wilson and R. Spence, High-Qusegate, York #¥ «*»"». CICERO'S SELECT ORATIONS. ft CONTENTS. - ' g Page. i. Oration against ciECiLius, 3 II. LJ — fortheMANILIANLAW, 43 HI. , for C. RABIRIUS, 91 V;- ( against CATILINE, ^ZZ^] VII.) (4 — 18 < VIII. ^ for L. MUK^lVA, ._„„ _ 20D IX. for the Poet ARCHIAS, 2S; X. for M. CCELIUS, 3 509 XIV. — > for Q. LIGARIUS, , 529 TV. 1 I 55 XVI. y - against M, ANTONY, <2 57 J {: A4 C I C E R O'S ELECT ORATIONS, M. T. CICERONIS ORATIONES QUiEDAM SELECTS. O RATIO I. IN Q^CJiCILIUM*. I, QI quis vestrum, Judices, ant eorum qui adsunt, forte mira- O tur, me, qui tot annos in causis judiciisque publicis ita sim versatus, ut defenderim muitos, la^serim neminem, subito nunc m.utata voluntate ad accusandum descendere : is, si mei consilii eausam rationemque cognoverit, una et id quod facio probabit, et in hac causa profecto neminem pneponendum efse mibi actorem putabit. Cum quaestor in Sicilia fuiisem, Judices, itaque ex ea provincia deceisifsem, ut Siculis omnibus jucun- dam, diuturnamque memoriam quaesturae, nominisque mei re- linquerem : factum est, uti cum summum in (") veteribus pa- tronis multis, turn nonnuilum etiam in me presidium suis for- tunis constitutum else arbitrarentur : qui nunc populati atque vexati, cuncti ad me publice saepe venerunt, ut suarum fortuna- rutn omnium eausam, defensionemque susciperem ; me saepe * The occasion of this oration was as follows: Verres having governed Sicily three years with the title of praetor, distinguished himself in that employment "by every art of oppression and tyranny. When his command was at an end," ail the people of Sicily, those of Syracuse and Mefsina ex- cepted, resolved to impeach him upon the law of bribery and corruption, and applied to Cicero, who had formerly being questor among them, that he would manage the prosecution. Cicero, though he had hitherto em- ployed his eloquence only in defence of his friends, yet readily undertook the present cause, as it was both just and popular, and gave him potunity of displaying his abilities against Bortensius, the only man in Rome that could pretend to rival him in the talent of speaking. In the mean time, Quint us Caecilius Niger, who had been queftor to Verres, and an accomplice with him in' his guilt, claimed a preference to Cicero in the task of accusing, and endeavoured to get the cause into his hands in order to betray it. He pretended to have received many personal injuries irom Verres : "that having been questor under him, he was better acquainted with his crimes: and lastly, that being a native of Sicily, he had the belt right to prosecute the oppreffor of ids country Cicero refutes these reasons m the following oration, which is called Dhinafio, because the procels to which it relates was whollv conjectural. For the cause not properly re- garding a matter of fact, but the claim and qualifications of the accusers, M. T. CICERO'S SELECT ORATIONS. ORATION I. AGAINST -CffiCILIUS. Sect. I. TF any upon your bench, my Lords, or in this as- JL sembly, should perhaps wonder that I, whose prac- tice for so many years, in causes and public trials, has been such as to defend many, but attack none ; now suddenly change from my wonted manner, and descend to the office* of an ac- cuser ; I am apt to think, that upon weighing the grounds and reasons of my proceeding, he will not only approve of the step I have taken, but own likewise that I deserve the preference to all others, in the management of the present prosecution. When I had finished my questorship in Sicily, my Lords, and was returned from that province, leaving a grateful and lasting remembrance of my name and adoiinisjration behind me; it so fell out that the Sicilians, as they placed the highest confidence in many of their ancient patrons, so dkl they imagine they might repose some in me too for the security of their fortunes. And being at that time grievously harafsed and opprefsed, they frequently came to me in a bocly, publicly soliciting me to un- dertake their defence. They put me in mind of my many the judges, without the help of witnefses, were to divi?ie, as it were, what was fit to be done, This happened in the 37th year of Cicero's age, unci the 685th of Rome. The affair was decided in favour of Cicero (1) Veteribus patronis midtis "\ The provinces had al! their protectors and patrons at Koine, who took care of their interests, and to whprf) they applied for a redrefs of grievances. r i he choice in this case commonly tell upon the person who had conquered the country, and reduced it into the form of a province. This right of patronage descended to his posterity, and was considered as an inheritance of the family Sicily had many powerful patrons at .-Rome. The family of the Marcelli, spruJ/g from that Marcel? Ius, who in the second Punic war conquered S) racuse. The descendants of >Jcipio Africanus, who after the destruction of Carthage, carried back in triumph to Sicily all the ornaments of which the Carthaginians had robbed that island. Lastly, the Metelli, two of whom, viz Metelius Celer, and Metelius Nepos, impeached Marcus Lepidus on account of his mis- conduct when praetor in that province. 4 M. T. CICERONIS ORATIONES. else pollicitum, sccpe ostendifse dicebant, si quod tempus accw difset, quo tempore aliquid a me requirerent, commodis eorum ? ine non*defuturum. Venice tempus aibant, non jam ut com- xnoda sua, sed ut vitam, salutemque totius provincial defen- dferem : sese jam ne deos quidem in suis urbibus, ad quos con- fugerent, habere * quod eorum simulacra sanctifsima, C. Verres ex delubris reiigiosifsimis sustuliiset: quas res luxuries in fiagltiis, crudelitas in suppliciis, avaritia in rapinis, superbia in coiitumeliis efficere potuifset, eas omnes sese hoc uno praR- tore ( 2 ) per trienniurn psrtulifse: rogare et orare, ne illos sup- plices aspernarer, quos^ me incoiumi, nemini supplices efse. ogqjrteret, II. Tuli graviter et acerbe, Judices, in eum me locum ad- ductum, ut aut eos homines spes falleret, qui opem a, me atque anxiiium petiifsent, aut ego, qui me ad defendendos homines ab ineunte adolescents dsdifsem, tempore atque officio coactus ( 3 ) ad accusandum traducerer. Dicebam habere eos actorem Q, Cscilium, qui prsesertim qiuestor in eadein provincia post me qussstorem. ruifset. Quo ego adjumento sperabambanc a me. molestiam pofse dimoveri, id mihi erat adversarium maxime: nam illi multo niihi hoc facilius remisifsent, si istum non nos- sent, aut si iste apud eos quoestor non fuifset. Adductus sum, Judices, officio, tide, misericqrdia, multorum bonorum exemplq veteri consuetudine, institutoque majorum, ut onus hoc laboris atque ouicii, non ex meo, sed ex meorum necefsariorum tem- pore mihi suscipiendum putarem. Quo in negotio tamen ilia, me res, Judices, consolatur, quod haec, quse videtur else ac- cusatio mea, non potius accusatio quam defensio est existimanda, Defendo enim multos mortales, multas ciyitates, provinciam Sicilian! totam. Quamobrem si mihi unus est accusandus, propemodum manere instituto meo videor, et non omnino a de- lendendis-honnnibus, sqblevandisque discedere. Quod si banc causam tarn idoneam, tarn illustreni, tarn gravem non haberem"; (2) Per iriennium.'] Though the provincial governors continued regi . in office but one year, yet many accidents might prolong the time of their command. Arrfus had been appointed to succeed Verres, but dying be- ial governors continued regularly > might prolong the time oftheii - .o succeed Verres, but dying be- fore he reached Sicily, the other was continued in office two years" lorio-er. (3) Ad accusaudum trfduoerer.l Cicero had hitherto confined himself only to the defence of his friends and clients, which was extremely popular at Koine; whtreas the contrary task of accusing was no lefs odious. He therefore thinks himself obliged in the beginning of his speech to give some reasons for this setting change in his conduct." He observes, that the cause he was now engaged in, though in appearance an accusation, was in reality a defence: That he impeached .only one man, but defended a •whole people: And that he could not have declined taking part in th6 present trial, but by renouncing all his engagements with the Sicilians! CICERO'S ORATIONS. 5 promises and declarations," not to be wanting to them in offices of friendship, when time or necefsity should require. The time, they told me, was now come, when not only their for- tunes, but the very being and safety Of the whole province was at stake: That they had not even their gods to fly to for pro- tection ; of whose sacred images, their cities, and most august temples had been rifled by the impiety of Verres : That what- ever luxury in voluptuousnefs,_cruelty in punishing, avarice! in extortion, or insolence in oppression > could devise to torment a people, had by this one praetor, during the space of three years, been inflicted upon them: That they therefore requested and conjured me not to disregard their supplications, since, while I was safe, they ought to become suppliants to none, Sect. II. It was with indignation artd concern, my Lords, that I saw myself reduced to the necefsity, either of disappoint- ing those who applied to me for relief and afsistance, or under- taking the disagreeable task of an accuser, after having em- ployed myself from my earliest youth in defending the opprefsed. 1 told them they might have recourse to Q. Gecilius, who seemed the fitter person to manage their cause, as he had been questor after me iri the same province. But the very argument by which I hoped to extricate myself from this difficulty, proved a principal obstruction to my design : For they would much more readily have agreed to my proposal, had they not known Caecilius, or had he never exercised the office of questor among them. I was therefore prevailed upon, my Lords, from a consideration of my duty, my engagements, the compafsion due to distrefs, the examples of many worthy men, the institu- ■ tions of former times, and the practice or our ancestors, to charge myself with a part in which I have not consulted my own inclinations, but the necefsities of my friends. It is some ■comfort however, my Lords, that my present pleadings cannot so properly be accounted an accusation, as a defence. For I defend a multitude of men, a number of cities, and the whole province of Sicily. If, therefore, I am under a necefsity of ar- raigning one, I still seem to act agreeably to my former cha- racter, without deviating from the patronage and defence of mankind. But granting 1 could not produce such powerful, weighty, and urgent reasons ; granting the Sicilians had not solicited me to undertake their cause ; or that my connection a very invidious office at Rome, yet the impeaching and ^ringing to justice a corrupt magistrate, was ever accounted honourable, and had frequently been undertaken by men of the most distinguished characters in the state. Nay, one of Cicero's principal motives in charging himself with this trial was, to recommend himself to the favour of tha people, and facilitate his views of advancement. £ M. T. CICERONI? ORATIONES. si ant hoc I me Siculi non petiifsent, aut mihi cum Siculis causa taimc necefsitudinis non intercederet, et hoc, quod facio, me reipub. causa facere profiterer, ut homo singulari cupiditate, audacia, scelere praxiitus, cujus furta at que fiagitia non in Sicilia solum, ( 4 ) sed Achaia, Asia, Cilicia, Parirphylia, Romse denique ante ocuios omnium maxima turpifsimaque noisemus, m& agente in judicium vocaretur : quis tandem efset, qui meuni factum aut consilium pofset reprehendere ? III. Quid est, pro Beum hominumque fidem ! in quo ego reip. plus hoc tempore prodefse pofsim ? Quid est, quod aut populo Rom. gratius efse debeat? aut sociis, exterisque na- tionibus optatius efse pofsit, aut saluti, fortunisque omnium ma- gisa accommodatum sit ? Populatse, vexatae, funditus eversa pro- vincise: socii, stipendiariique populi Romani afflicti miseri, jam non salutis spem, sed exitii solatium quaerunt (s) Quijudicia nianere apud ordinem Senatorium volunt, queruntur accusatores se idoneos non habere, qui accusare poisunt, judiciorum severi- tatemdesiderant. Popuius Rom. interea, tametsi multis incom- inodis, diihcultatibusque attectus est,tamen nihil asque in repub. atque illam veterem judiciorum vim, gravitatemque requirit. Judiciorum desiderio, tribunitia potestas efflagitata est : judici- orum levitate, ordo quoque alius ad res judicandas postulatur. Judicum culpa atque dedecore ( 6 ) etiam censorium nomen, quod asperius antea populo videri solebat, id nunc poscitur : id jam populare, atque plausibiie factum est. In hac hbidine hominum nocentifsimorum, in populi Rom. quotidiana, querimonia, ju- diciorum infamia, totius ordinis ofFensione, cum hoc unum his (4) Sed in Achaia, Asia, &c] Verres bad been lieutenant to Dclabella, proconsul of Cilicia; where, as well as in the other provinces here men- tioned, he rendered himself odious to the inhabitants by his avarice, cruelty, and reiterated opprefsions. Nor was he lefs infamous at Rome; having exereised the office of pra?tor in that city, and by his venal ad- ministration incurred the general hatred of the people. (5) Qui judicia manere apud ordinem Senator ium.~\ Caius Gracchus had pafsed a law, by which the administration of justice was vested in the or- der of knights. This privilege they enjoyed with great reputation, till Sylla having made himself master of the republic, transferred it from the knights to the senators, with whom it remained at this time. But as these last did not execute this great trust, with the integrity and impartiality that might have been expected, the people were impatient to see it re- stored to the equestrian order. For the same reason they were very de- sirous that the tribunitian power might recover its former vigour, which had always been a great check upon the nobles, till the before mentioned usurpation of Sylla, who, in favour of his own order, considerably re- trenched the authority of that office. (6) Etiam censorium nomen."] The censors were created every fifth year, to watch over the manners and discipline of the state. They had power to punish immorality in any person, of what order soever. The senators they might expel the bouse; which was done by omitting such a person, wheu CICERO S ORATIONS. 7 with thorn bad not laid me under any obligations to comply ; fend that in this whole affair L should profefs no other motive [than the view of serving my country, and of bringing to justice a man, infamous for avarice, insolence, and viilany ; whose robberies and crimes have not been confined to Sicily alone, but are likewise notorious over all Achaia, Asia, Ciiiciit, PamphyJia; in fine, at Rome, before the eyes of all men ; who, I desire to know, could object either to my conduct or intentions? Sect. III. Immortal Gods! What nobler service can I at this time render the commonwealth? What can. I undertake more grateful to the people of Rome*, more desirable to our allies and foreign nations, or more calculated for the safety and advantage qf mankind in general ? The provinces are plundered, harafsed, and utterly ruined. The allies and tributaries of the Roman people, overwhelmed with anguish and affliction, despair now of redrefs, and only solicit an alleviation of their calamities. They who are for having the administration of justice continue In the hands of the senators, complain of the insufficiency of accusers. And they who are capable of acting as- accusers, complain of the remifsnefs of the judges. In the mean time the Roman people, though labouring under many hardships and difficulties, desire nothing so much as the revival of the ancient force and rirrnnefs of public trials. Through their impatience for a vigorous administration of justice, they have extorted the restoration of the tribunitian power. From the contempt into which our tribunals are fallen, another order is demanded for the decision of causes. The infamy and corruption of the judges have occasioned a desire to see the censorship re- established ; an office, which, though formerly accounted se- vere, is now become popular and agreeable. Amidst these ex- orbitant opprefsions of guilty men, amidst the daily complaints of the Roman people, the infamy of 'our tribunals, and the odium conceived against the whole order of Senators, as there they called over the names. The knights they punished, by taking away the horse allowed them at the public charge The commons they might either remove from a higher tribe to a ieis honourable; or quite disable ■them to give their votes in the afsemblies; or set a fine upon them, to be paid to the treasury. At the end of the fifth year they took an exact sui> vey of the people concluding the whole with" a solemn lustration, or ex- piatory sacrifice. The sacrifice consisted of a sow, a sheep, and a bull'; whence it took the name of Sudvetaurilia. The ceremony of performing it, they called Lustrum coudcre ; and upon this account, the space of five years came to be signified by the word Lustrum. r \ Ins office, though use- ful and necefsary, was yet very odious in a free state; and for that rea- son had been discontinued several 3 ears. .But now corruption, espe- cially in courts of justice, was come to such a height, that the people them- selves were desirous of reviving it. t Mi T. CICERONIS ORATIONES. tot incommodis remedium efse arbitrarer, ut homines idonei at- que integri causam reipub. legumque susciperent: fateor me salutis omnium caus& ad earn partem accefsifse reipubl. suble- tandae, quae maxime laboraret. Nunc quoniam quibus rebus atiductus ad causam accefserim demonstravi, dicendum ncces- sario est de' contentiorte nostra, ut in constituendo accusatore, quid sequi pofsitis, babeatis. Ego sic intel'igo, Judices, ( 7 ) ciim de pecuniis repetundis nomen cujuspiam deferatur, si certamen inter aliquos git, cui potifsimum delatio detur, haec duo in primis spectari oportere : queni maxime velint actorem efse ii, quibus facta? efse dicantur injurias; et quern minime velit is, qui eas injurias fecifse arguatur. IV. In hac causa Judices, tametsi utrumque efse arbitror perspicuum ; tamen de utroque dicam, et de eo prius, quod apud Vos plurimum debet valere, hoc est, de voluntate eorum, quibus injurias factae sunt : quorum causa judicium de pecuniis repetun- dis es constitutum. Sicilian! provinciam C. Verres per triennium depopulatus efse, Siculorum civitates vastafse, domos exinanifse, fana spoliafse dicitur. Adsunt, queruntur Siculi universi : ad meam fidem, quam habent spectatam jam et diu cognitam, con- fugiunt : auxilium sibi per me a vobis, atque a populo Romano legibus petunt : me defensorem calamitatem suarum, me ultoreoi injuriarum, me cognitorem juris sui, me actorem causae totius efse voluerunt. Utrum, Q. Caeeili ! hoc dices, me non Siculorum rogatu ad causam accedere ? an optimorum tidelifsimorumque soGiorum voluntatem apud hosgravem efse non oportere? Si id audebis dicere, quod C. Verres, cui te inimicuiu efse simulas, maxime existimari vtilt, Siculos hoc a me non petiilse ; primum causam inimici tui sublevabis, ( 8 ) de quo non praejudicium, sed plane judicium jam factum putatur: quod ita percrebuit, Siculos omneis actorem suae causae contra illius injurias qua5- sitfse. Hoc, si tu inimicus ejus factum negabts quod ipse, cui maxime haec res obstat, negare non audet ; videto, ne nimium famiiiariter inimicitias exercere videare. Deinde sunt testes viri clarifsimi nostrae civitatis, quos omneis a me nominari (7) Ciim de pecuniis repetundis.'] Crimen repetundarum was, where a charge of extortion was brought against any magistrate ; so called because the prosecutor sued him in an action of damages, pecunias ereptas repetebat. (8) De quo non preejudicium, sed plane judicium.'] This palsage carries a good deal of difficulty in it. Pnejudicium signifies a previous judgment, or a sentence pronounced upon one part of the trial, which might serve as a precedent to direct the decision of the whole. Judiciwn again denotes the ifsue and final determination of the businefs. The orator's meaning seems to be, that there was not only a strong presumption of what he herei advances, but that the matter was so notorious, as not to be in the least | doujted of by the public. 6 .appeared no other remedy for these evils, but for men of ability and integrity to undertake the defence of the commonwealth and the laws. I own I was prevailed upon, out of regard to the common safety, to endeavour at relieving the republic, in that part where she seemed most to stand in need of help. And now that I have laid before you the reasons by which I was determined to appear in this cause, it remains tluit I speak to the point under debate, that in the choice of an accuser you may the better see whereon t© ground your judgment, I appre- hend, my Lords, when an information is brought against any one for extortion, if a dispute arises about the person most proper to act as iinpeacher, that these two things are of principal moment ; whom the parties aggrieved chiefly desire to have the manage- ment of their cause; and whom the person accused dreads most in that capacity. S$ct. IV. Though I think both these points, my Lords, suf- ficiently clear in the present cause, yet I shall speak particularly to each of them : And first, of that which ought to have the principal sway in this debate; I mean, the inclination of the suf- fering parties, for whose sake the present trial was granted. ■C. Verres is charged with having for three }^ears plundered the province of Sicily, rifled the .cities, stripped the private bowses, and pillaged the temples. The Sicilians in a body are present, to offer their complaints. They fly to my protection, of which already tliey have had long and ample experience. By me they solicit redrefs from this court, and from the laws of the lioman people. They have chosen me as their refuge against oppres- sion, as the revenger of their wrongs, the patron of thejr rights, and the sole manager of the present impeachment.. Will you, Ca^cilius, pretend, either that the Sicilians have not importuned me to undertake their cause, or that the inclinations of our best and most faithful allies ought not to weigh with those who com- pose this court? If you dare afsert what Verres, to whom you profefs yourself an enemy., desires above all things should, be believed, that the Sicilians have not applied to me in this case ; you will thereby do a service to the cause of your enemy, against whom not a presumptive sentence only, but an absolute judgment is already supposed to be given, from the notoriety that the Sicilians have unanimously demanded an advocate for their rights againft his opprelsions. If you, his enemy, dispute this fact, which he himself, though it makes directly against him, has not the face to deny, beware that you are not sus- pected of pushing your resentment with too gentle a hand. Be- » sides, several of the most illustrious men of the commonwealth, all whose ttames it were needlefs to repeat, can witnefs the con- trary. I shall mention only such as are present, whom I would 10 M. T. CICERONIS ORATIONES. non est necefse: eos qui adsunt, appellabo, quos, si tnentirer, testeis efse impudentiae meae minime veilem. Scit is, qui est in consilio, C. Marcellus: scit is, quern adefse video, Cn. Lentulus Marcellinus : quorum fide, atque praesidio Siculi maxime nitun- tur, quda omnind Marcellorum nomini tota ilia provincia ad- juncta est. Hi sciunt, hoc non modo a me petit am efse, sed ita saepe, et ita vehementer efse petitum, ut aut causa mihi sus^ cpienda fuerit, aut omcium necefsitudinis repudiandum. Sed quid ego his testibus utor, quasi res dubia, aut obscura sit ? Ad- sunt homines ex tota provincia nobilifsimi, qui praesentcs vos orant, atque obsecrant, judices, ut in actore causae suae dili- gendo, vestrum judicium a suo judicio ne discreper. Omnium civitatum totius Sicilke legatidnes adsunt, ( 9 ) praeter duas civi- tates: quarum duarum, si adefsent, duo crimina vol maxima minuerentur, quae cum his civitatibus C. Verri communicata sunt. At enim cur a me potifsimum hoc praesidium petiverunt ? Si efset dubium, petifsent a, me proesidium nec-ne* dicerem cur peti- ifsent. Nunc verdcum id ita perspicuum sit, ut oculis judicare pofsitis* nescio cur hoc mihi deinmento efse debeat, si id mihi objiciatur, me potifsimum efse dclectum. Verum id mihi non sumo, judices, et hoc non modo in oratione mea non pono, sed ne in opinionc quidem cujusquam relinquo, me omnibus patro- nis efse prajpositum. Non ita est, sed uniuscujusque tempore, valetudinis, facultatis ad agendum, ducta ratio est. Mea fuit semper ha:c in hac re voluntas et sententia, quemvis ut hoc mallem de iis, qui efsent idonei, suoipere, qunm me: me, ut mallem, quam neminem. V. Reliquum est jam, ut illud quar-unus, cum hoc constct, Siculos a me petiifse, ecquid banc rem apud vos, animosque vestros velere oporteat: ecquid auctoritatis apucl vos in suo jure repetundo socii populi Rom. suppliers vestri habere debe De quo quid ego plura eommemorem ? quasi vero dubium *it, quin tota lex d'e pecuniis repetundis sociorum can una sit. Nam civibus cum sunt creptae pecunue, civili n re art. et pi'ivato jure repetuntur. Hac lex soeialis est: hoc jus nutio- (9) Prccfcr duas civitalcs."] The two cities here meant, are %\ racUse and Mefsana ; for these being the most considerable of the proviare.VwTei had taken care to keep up a fair correspondence with them. Syracuse was the place of his residence, and Mefsana the repository of his plunder, whence he exported it all to Italy : And though he would treat even these at times very arbitarily, yet in some flagrant instances of his rapine, that he might ease himself of a'part of the envy, he used to oblige them with a (hare of the spoil: So that partly by fear, and partly by favour, he held them ge- nerally at his devotion; and at the expiration of his government, procured ample testimonials from them both, in praise of his administration. All the other towns were zealous and active in the prosecution, and by a com- mon petition to Cicero, implored him to undertake the management of it. 11 be very far from having the afsurance to appeal to, were I con- scious of advancing a falsehood. C Marcellus, who sits upon the bench, knows the truth of what I afsert. Cn. Lentulus Mar- celinus, whom I see in court, can likewise teftify the same thing: Two persons, on whose protection and patronage the Sicilians have a principal dependence ; that whole province being in a particular manner attached to the name of the Marcelli. These know, that I have been not only importuned to undertake this affair, but so frequently, and with so much earneltneis, that I was under a necefsity of either charging myself with the cause, or renouncing the ties of relation between us. But what need after all of appealing to witnefses, as if the thing was doubtful or obscure ? Men of the greatest quality in the whole province are here prosent, my Lords, who personally requeft and conjure you, that in appointing one to prosecute their cause, your sen- timents may not be different from theirs. Commifsioners ap- pear from every city in Sicily, except two; whose deputies, if present, would considerably weaken the force of two principal branches of the accusation, in which these cities were accompli- ces with Verres. But why do they apply chiefly to me for protection? If the fact itself was doubtful, I might perhaps ex- plain the reasons of this application. But as it is a case so evident that you may judge of it by what you see, I know no reason why an objection from my being chosen preferable to all others ought to affect me. But, my Lords, I arrogate no such distinction to myself, and am so far from claiming it in what I now offer to your consideration, that I should be sorry if it entered into the imagination of any person Avhatsoever, that I was preferred to all other patrons. It is by no means so : But regard is had to every one's circumstances, health, and abilities. My inclinations and sentiments always were, that any one capable of managing the cause should undertake it rather than myself, but myself rather than none. Sect. V. Since then it is evident, that the Sicilians have be- sought me to charge myself with their defence; it now re- mains that we inquire, whether this ought to have any in- fluence in the present debate ; whether the allies of the Roman people, applying in a suppliant manner for a redrefs of grievan- ces, ought not to have great weight in swaying your deter- minations? But why do I dwell upon this subject? as if it was not apparent that the whole system of laws relating to extortion were established for the sake of the allies alone. When citizens defraud one another, they may have recourse to a civil action, and the municipal laws of the state. This law is wholly social ; it is the peculiar right of foreign nations: They have this for- trefs, somewhat weakened indeed, and leis able to protect them B2 12 M. T. CICERONIS ORATIONES. rmm exterarum est : hanc habent arcem minus aliquanto nunc qui dem munitam, quam antea :- verum tamen, siqua reliqua spes est, quae sociorum animos ponsolari pofsit, ea tota in hac lege posita est: cujus legis non niodo a populo Romano, sed etiam ab ultimis nationibus jampridem severi custo,des requiruntur. Quis igitur est, qui neget oportere eorum arbitratu lege am, quorum causa lex sit constituta? Sicilia tota, si una voce lo- queretur, hoc diceret : Quod auri, quod argenti, quod ornamen- torum in meis urbibus, sedibus, delubjis fuit, quod in unaquaque re beneficio SenatCis populique Romani juris habui, id mihi tu^ C. Verres, eripuisti, atque abstulisti: quo nomine abs te ses- tertium millies ex lege repeto( 10 ). Si universa, ut dixi, pro- yincia loqui pofset, hac voce uteretur. Quoniam id non poter rat, harum rerum auctorem, quern idoneum efse arbitrata est, ipsa delegit. In hujusmodi re quisquam tarn impudens re- perietur, qui ad alienam causam, invitis iis, quorum negotium est, accedere aut aspirare kudeat? VI. Si tibi, Q,. Csecili, hoc Siciili dicerent ; Te non novimus Tiescimus quis sis : nunquam te antea vidimus : sine nos per eum nostras fortunas defendere, cujus fides est notns cognita : Non-ne id dicerent, quqd cuivis prqbare deberent? Nunc hoc dicunt: iitrumque se nofse : alteram se cupere defensorem efsefortunarum suarum: alterum plane nolle. Cur nolint, etiamsi taceant, satis dicunt : verum non tacent ; tamen his invitifsimis te orTerres ? tamen m aliena causa loquere? tamen eos defendes, qui se ab (10) Sester -Hum millies ex leges rcpeto.~\ It \vill be proper hereto give the reader such a general notion of the Eoman coins, and their maimer of computing, as may enable him to form a judgment of the several sum^ that frequently occur in this work. The Romans reckoned their money by dss\ afses, sestertii or nwnmi, denarii, solidi or aurei, pcnJj or /: The ces of as, was so named as being of brafs, and at first consisted of a pound weight; but was in time reduced to two ounces, then to one ounce, and at last to half an ounce. Its parts were, the semis, or half Could all the people of Sicily speak with one voice, they would say, You "Verres, have robbed and plundered us of all the gold, silver, and ornaments, that were in tfur cities, houses, or temples; you have violated every privilege we enjoyed by the friendship of the senate and people of Rome ; and on that account we have brought an action against you, of an hundred millions of sester- ces. I say, could the whole province speak with one tongue, this would be its language. But, as that is impofsible, they have made choice of such an advocate as they thought best for their purpose. Shall any one, therefore, in an affair of this kind, have the afsurance to thrust himself into another's cause, contrary to the inclination of those who are immediately concerned? Sect. VI. Should the Sicilians speak thus to you, Caecilius : We know you not; we are strangers to your character; we never saw you before ; suffer us to commit the defence of our fortunes to a man whose integrity Ave have experienced : Would they not say what all the world must approve ? Now they even tell you, that they know us both; that they exprefsly desire the one for their advocate, and will have nothing to do with the other. Were they silent as to the reasons of this refusal, it would be no hard matter to divine them: But they are by no means silent. Will you then force yourself upon them, against The sums in use among the Romans were chiefly three; the sestertium, the libra, and the talent. The sestertium, as we have already observed, Was equivalent to a thousand sestertii, about eight pounds of our money. In reckoning by sesterces, the Romans had an art, which may be under- stood by these three rules: The first is, if a numeral noun agree in^case, gender, and number with sestertius, then it denotes precifely so many ses- tertii, as deCem sestertii, just so many. Tbe second is this, if a numeral noun of another case be joined with the genitive r>hu%\x)f sestertius, it de- note so many thousand, as decern sestertium, signifies ten thousand sestertii. Lastly, if the adverb numeral be joined, it denotes so many hundred thou- sand, as decies sestertium signifies ten hundred thousand sestertii; or, if the numeral verb be put by itself, the signification is the same; decies or vzgesies stand for so many hundred thousand sestertii, or so many hundred scstertia. This will help us to discover 'the sum here mentioned by Cicero. For, according to the last of these rules, millies sestertium signifies a thou*. sand times a hundred thousand sestertii, or a hundred thousand sestertia; And as the sestertium was nearly equal to eight pounds of our money, the whole sum amounts to about eight hundred 'thousand pounds The libra, or pound, contained twelve ounces of silver, and was worth three pounds of our money. The third sum was the talent, which contained twenty-four sestertia, amounting nearlv to an hundred and ninety-two pounds, B3 ! j. M. T. CICERONI* ORATIONES. omnibus descikpspptius, quam abs te defenses efse malunt ? ta- liien his opcram tuam pbllieebere, qui te neque vcllc sua, causa, i cupias, ppfse arbitranlur^ cur eorum speni exiguanr re- liquartun foriunarum, quam babent in legijs ejt judicii severitate posium, yi e^tgrqiicre cbna/cis? cur te interponis, inyitilsimis ttibus maxinic lex cousultum else vult? cur de quibus in proviheia non optimt' cs meritus, eos nunc plane fortunis 6m- hibus conaris evert/ere? cur bis non modo pcrsequendi juris siii, scd rtiiun cjeploranda? calamitatis adhnis pqtestatemr Nam, n actore, quern eor.um aiVuturuni putas, quos intelligis, non, ut alnun, scd ut per aliquem teipsuni ulciscantur, laborare? Vll. At ciiini solum id est, ut me Sieuli maxime velint: al- terum illud credo obscurum est, a quo Verrcsminime se accusari vi lit. Kcquis unquam tain palam de bonore,. tarn vehementer lute sua contendit, quam illc, atque illius amiei, ut ne haec mibi dclatio detur? sunt multa qua) Verres in me else arbitra- tur, quae seit in te, Q. Caeeih, non efse: qua; cujusmodi in utro- (jue nostrum sint, pauio post commemorabo. Nunc tantum id dieam, quod tacitus tu mihi afsentiare, nullam rem in me efse, quam ille contemnat: nullam in te quam pertimescat. ( u ) Ita- que magnus ille defensor, et amicus ejus, tibi Hortensius suflra- gatur, me oppugnat: aperte ab judicibus petit, ut tu mibi antcponare : et ait boc se honeste sine ulla invidia, ac sine ulla odensione contendere. Non enim, inquit, illud peto, quod soleo, cum vebementius contendi, impetrarer ; eus ut absolvatur, non peto : scd, ut ab boc potius quam ab illo accusetur, id peto. Da mibi boc: concede, quod facile est, quod bonestum, quod non invidiosum : quod cum dederis, sine ullo- tu periculo, sine infamia illud dederis, ut is absolvatur, cujus ego causa laboro. PJt ait idem,ut aliquis metus adjunctus sit ad gratiam, certos efse in consilio, quibus ostendi tabellas velit : id efse perfacile ; non enim singulos ferre sententias, sed universos constituere: ( ,2 )ceratam (11) Itaque maguus ille defensor, et amicus ejus, tibi Hortensius. ~\ Hor- tensitw was a pleader of distinguished abilities, and had acquired great re- putation in the Forum, when Cicero first made his appearance as an, orator. r J hese two long rivalled each other; but Hortensius having first run through the career of public honours, began to slacken a little his ef- forts; while Cicero, on the other hands redoubling his, obtained at last, by the general suffrage of the city, the palm of eloquence. We have here a representation of Ilortens-ius's manner of pleading, who. seems not to have been over scrupulous in point of equity, thinking all means lawful by which be could bring off his ejjejpt. But doubtiefs we are to view the picture with some grains of allowance, as it comes from the hand of an adversary and a rival. (12) Ceratam vnicuique tahelhm, SCc.~\ This alludes to the manner of giving judgment among the Romans. The judges had each a tablet cover- ed With wax, upon which they wrote the letter A, if they meant to acquit ; CICERO'S ORATIONS* 15 their inclination ? Will you speak in a cause in which jou have no concern? Will you charge yourself with the defence of those, who choose rather to see themselves abandoned by all the world, than trust their defence in your hands? Will you engage to protect a people, who are persuaded you have neither inclina- tion nor power to serve them ? Why would you deprive them of the small hopes of relief they have still left, in the equity of the laws and judges? Why would you interpose, in opposition to the will of those, for whose benefit the law was chiefly designed ? Why do you aim at entirely subverting the fortunes of a people, to whom" you have rendered yourself so very obnoxious in the province?" Why are you for divesting them of the power, not only of prosecuting their rights, but even of deploring their mis- fortunes? For which of them, do you imagine, would attend the trial under your management, when you know they are la- bouring, not to" punish another by your help, but, by means of another, to avenge the wrongs they have received from you? Sect: VII. But this proves only, that the Sicilians chiefly de- sire me for their advocate. The other point, whom Verres most dreads in the capacity of accuser, may, perhaps, be thought ob- scure. Did ever man struggle more earnestly in a cause where both his honour and life are concerned, than he and his friends, to have my service set aside in the present trial? There are many things Verres imagines in me, of which he knows you, Caecilius, to be destitute. But of these, and the manner in which they exist in us both, I shall soon have occasion to speak. At present I shall only say, what you yourself must tacitly allow ; that there is nothing in me which he can contemn; nothing in you which he ought to dread. Hence his great friend and cham- pion Hortensius solicits for you, and opposes me. He openly demands of the judges, to give you the preference; and pre- tends, that in this he acts fairly, without jealous}^ or resentment. I ask not, says he, what 1 am wont to obtain, when I plead with earnestnefs: I ask not that the criminal should be acquitted; but only that he should be impeached by this man, rather than the other. Grant me but this ; grant what is easy, honourable, and safe; and in so doing, you will, without danger or infamy to yourselves, secure the absolution of him whose cause I espouse. And that tear as well as favour may determine you to a compliance, he says there are certain judges in court, to whom he is resolved the suffrages shall be shown. That this is C, if they condemned ; and N. L. that is, nan liquet, if the cause appeared doubtful. These tables were delivered to the proper officer, -who put them into an urn; and, after sorting them", declared the maioritv. As to the B4 " ' I w M. TV CIC'ERONIS ORATIONES. uniquique tabellam dari cera legitima, non ilia infami ac no taria. Atque is nou tarn propter Verrem laborat, quam quod cum nmiime r$S totil delectat. Videt enim si a ( u ) pueris no- bilibus, quos adliuc elusit, si a qudrupltftoribus, qnos non sine causa coutempsit semper, ac pro nihilo putavit, accusandi vo- luntas ad vivos fbrteis, spectatosque homines translata sit, se in judiciis dominari non poise. VIII. Huic ego homini jam ante denuntio, si a me causam banc vos agi yolueritis, rationem illi defendendi totam efse ma- tandam; ct ita tamen mutandam, ut meliore ec honestiore con- ditione sit, quam qua ipse else vult: ut imitetur homines eos, quos ipse vidit amplifsimos, L, Crafsum, et M. Antonium; qui nihil se arbitrabantur ad judicia, causasque' amicovum prater fidem & ingeuium afterre oportere. Nihil erit, quod, me agente r arbitretur judicium sine magno multorum periculo pofe cor- rumpi. Ego in hoc judieio milii Siculorum causam receptam, populi Horn, susceptam efse arbitror: ut mihi non unus homo improbus opprimendus sit, id quod Siculi petiverunt : sed om- ninb onmis improbitas, id quod populus Rom. jam diu rlagitat,. extinguenda, atque delenda sit. In quo ego quid eniti, aut quid, eificere pofsim, malo in aliorum spe relinquere, quam in oratione mea. ponere, Tu verd, Caecili! quid potes? quo tempore, aut qua in re^ non modo specimen coeteris aliquod dedisti, sed tute. tui periculum fecisti ? in mentem tibi non venit, quid negotii sit causam . publieam sustinere? vitam alterius totam explicare, at- que earn non modo in animis judicum, sed etiam in occulis, eonspectuque omnium exponere? sociorum salutem, commoda provinciarum, vim legum, gravitatem judiciorum defendere? IX. Cognosce ex me, qi-Tomam hoc primum tempus discendi nactus es, quam multa efse oporteat in eo, qui alterum ace u set : ex quibus si unum aliquod in te cognoveris^egojam tibi ipse istuc> quod expetis, mea, voluntate concedam.. Primum integritatem, atque irmocentiam singularem : nihil est enim. quod minus fereu- infamous tablets the author here speaks of; Asconius tells us, that Teren- lius \arro being, accused of extortion, and defended by Horten ipsatf pemmoscat ? ( ,s ) Emptum est ex S. C. framen- rum ab Sit fills Prirtofe Verre, pro quo frumento pecunia omnis Sdiuta ndri est! Grave est lioc crimen in Verrerii, grave me t< : to aCteUSarfte nullum. Eras enim tu quaestor : pe- dSiliam ptiblicam tu tract abas: ex qua etiamsi cuperet pra-tor, taiucii ne qua de.ductio (ictct, magna ex parte tu'a potestas erat. Hujus quCuiue igitur criminis, te accusante, mentio. nulla net. Silchitur tbtd judicio do maximis et notilsimus illius furtiset in- juriis. TMilii credo, (acili, non potest in accusanelo socios rjfefendere is, qui cum reo criminum societate conjunctus e>t. Nfaticipes a oivitatibus pro frumeiito pecuniarn exegerunt. . : hoc,' Verre Pnrto're, factum est solum? non: sea etiam Qmvstore Gucilio. Quid igi'tiir ? daturus es huic crimini, quod et potuisti prolubere ne ikTet, ct'debuisti? an tot urn id relin-* quesr Ergo id omnino Vcrres in jiidicio suo non audiet, quod cum faciebat, quemadmodum defensurus efset, non reperiebat. XI. Atqiie ego lwc, quae in medio posita sunt, commemoro. Sunt alia niagis occulta furta, qua) ille, ut istius, credo, animos, atque impetus retardaret, cum qua?store suo benignifsime coni- municavit. Eiac tu scis ad me efse' clelata : quae si velim proferre, facile omncs intelligent, vobis inter vos non modo voluntatem fuiise conjunctam, sed ne praedam quidem adhuc efse divifam. Quapropter si tibi indicium postulas dari, quod tecum una fece- ret: concedo, si id lege permittitur: sin autem de accusatione dicimus ; concedas oportet lis, qui nullo suo peccato impediuntur, quo minus alterius peccata demonstrare pol'sint. Ac vide, quan- tum interfuturum sit inter meam atque tuam accusationem. Ego, etiam qua) tu sine Verre oommisisti, Verri crimini daturus sum, quod te non prohibuerit, cum sUmmam ipse haberet potesta- tem: tu contra, ne quae ille quidem fecit objicies, ne qua ex parte conjunctus cum eo reperiare. Quid ilia, Caecilir con- temnenda-ne tibi videntur efse, sine quibus 'causa sustineri, piie- sertim tanta, nullo modo potest ?. aliqua facultas agendi, aliqua dicendi consuetudo, aliqua in foro, judiciis, legibus, aut ratio, aut exercitatio r Intelligo quam scopuloso, difficilique in loco ver- ser : nam cum omnis arrogantia odiosa est, turn ilia iugenii, atque eloquentiae multo molestifsima. Quamobrem nihil ctico de meo ingenio, neque est quod ; pofsim dicere, neque si efset, dicerem; (15) Emptum est ex S. C. frumenium ab .Siculis,'] Sicily paid to the Romans, by way of tribute, a tenth part of her corn. But' as the island abounded in grain, and was in a manner the storehouse of Rome, they were likewise obliged, by a decree of the senate, to allow another tenth lor the use of the state ; for which they were to receive a fixed price. Verres, it seems, exacted this tenth; but, instead of paying for it, as usual, con- verted the money to his own private use, cicero's orations. » 21 the very mention of a notorious and crying injustice? By a de- cree of the senate, a quantity of corn was bought from the Sicilians, under the pratorship of Verres, for which complete payment was never made. This is a heavy article against Verres; heavy, if objected by me; but of no avail, if by you, For you was' then quarter; you had 'the management of the public money; and it depended in a great measure upon you to prevent any abatement, supposing even the prater had desired it. This crime will likewife pais unmentioned in your accusa- tion. His greatest and most notorious frauds and exactions will not be so much as objected to him in the trial. Believe me, Caecilius, he is ill qualified to defend the rights of the allies in an impeachment, who is himself an afsociate with the accused in his crimes, The farmers of the revenue extorted money from the cities, instead of corn. Was this done only during the prajtorship of Verres? No: hut also during the quscstorship of Csecilius, Will you then charge him with a crime which you both could and ought to have prevented? or, will you entirely supprefs this article ? Verres will therefore hear no mention in his trial of a crime, which, at the time of committing it, he was conscious, he could not defend. Sect. XI. But I poly speak of notorious and known facts. There are others of a more private nature, in which Verres kindly shared with his quaestor, to stifle his heat and resent- ment. You know | am informed of all these; and were I to ■disclose them at this time, it would appear that you were not only confederates in guilt, but that part of the plunder remains yet to be divided. If, therefore, you desire to be admitted an evidence as to these points, I have nothing to object, provided^ the laws allow- it. But if the dispute regards the impeachment, you must leave that to those who are deterred by no crimes of their own, from laying open the guilt of another. Think only of the difference between your accusation and mine. I mean tq charge Verres with the crimes committed by you, without his participation; because, though the chief command resided in him, he did not prevent them. You, on the con- trary, will not so much as object his personal guilt, lest- you should be found in any instance an accomplice with him. But say, Oxcilius,^lo you make no account of these qualifications, without which a cause, especially one so important, Cannot be sustained — the practice of the forum — the exercise of speaking — - the knowledge of our laws, constitution, and courts of judi- cature? I know what a rugged and dangerous path I am got into : for as arrogance of every kind is hateful, so in *a particular manner that of wit and eloquence. I shall therefore say nothing of my own talents: there is indeed no room for it; and if it M. T. CICEIVQ^IS 0RATI0NES. am cnim id mihi satis est, quod est de me opinionis, quidquii* est ; am si id paruni est, ego majus id commeuiorando facere lion polsuni. MI. IV to, Grcili, jam mehercule, hoc extra hanc con- tentioncui certanienque iiostrum familiariter tecum loquar. Tu ipse quemadinodum.exisimcs, vide etiam atque etiam, et tu te collide, et qui sis, et quid facere pofsis considera Putas-ne-te nofse de maxiniis, acerbifsimisque rebus, cum causam sociorum ibrtunasque provincial jus populi Rom. gravkatem judicii legum- que susceperis, tot res," tarn graveis, tarn varias, voce, memoria, consilio, ingenio, sustinere? Putas-ne te pofse, quae C. Verres mquBDStura, qua' in legatione, quae in praetura, ( ,6 )quae Rome, qua- in Italia, qua- in Achaia, Asia, Pamphyliaque, patrarit, ea queniadniodnm locis temporibusque divisa sint, sic crimini- bus, etoratione distingure ? Putas-ne te pofse, id quod in ejusmodi reo maxime necefsarium est, facere, ut, quae ille libidinose, quae nefarie, quae crndeliter fecerit, ea acque acerba, et indigna videantur else iis, qui audient, atque illis visa sunt, qui senserunt? magna sunt ea, quae dico, inihi crede; nolihaccontemnere; dicen- da, demonstranda, explicando sunt omnia: causa non solum ex- ponenda, sed etiam graviter, copioseque agenda est : perficien- dume st, si quid agere aut perficere vis, nt homines te non solum audiant verum etiam libenter studioseque audiant. In quo si te multum natura adjuvaret, si optimis a pueritia disciplinis atque artibus studuifses, et in his elaborates, si litems Graecas Aine- nis, non Lilybaei, Latinas Romae, non in Sicilia ('") didicifses: tanien efset magnum, tantam causam tarn exspectatam, et dili- gentia consequi, et menioriti complecti, et oratione exponere, et voce et viribus sustinere. Fortafse dices, Quid r ergo haec in te sunt omnia? Utinam .quidem efsent: verum tamen ut else pos- sent, magno studio mini a pueritia est elaboratum. Quod si ego bsec propter magnitudinem rerum, ac difricultatem afsequi non potui, qui in omni vita nihil aliud egi, quam longe tu te ab liis rebus abefse arbitrare, quas non modo antea nunquam cogitasti, sed ne nunc quidem, cum in eas ingrederis, qiue et quantae sint, suspleari potes ? (16) Qua: Kovue, que in Italia, qua; in Achaia, A fid, SCc.~] Cicero refers here to the different offices through which Verres had parcel, in all which Iws conduct had been infamous and corrupt. He was quaestor to Carbo in the consular province, and Dolabella's lieutenant in Asia. He had exercised the office of praetor at Home and in Italy, and acted with a public character in Achaia, and the provinces of Asia Minor. (17) Atl-wnis, non Lth/ba-i, Roma;, non in Sicilia. ] Cicero here sneers at Carilius, .and insinuates that his education was at best but lame, as lie had learned both Greek and Latin in Sicilv, where neither language was spoken 'with purity. Athens was the most* celebrated amon^ The Greek cities, both for elegance of speech, and the perfection of the sciences; and Home was the only place for studying with advantage the Latin tongue: CICERo's ORATIONS. 21 was otherwise, I would yet choose to be silent. It is enough for me that I have a reputation, how slender soever it may be : or, if that suffices not, nothing I can say will serve to raise it. Sect. XII. As for you, Oecilius, laying aside our present dispute and controversy, I will addrefs you as a friend. Ex- amine your own thoughts carefully; recollect yourielf; con- sider who you are, and what you are capable of. Do you imagine, in a cause of so much weight and difficulty, where }ou will be called upon to support the interest of the allies, the safety of the province, the rights of the Roman people, and the majesty of the laws and legislature-; do you imagine, I say, that you have eloquence, memory, understanding, and capacity sufficient for the management of so many, so various, and such complicated points ? Do you imagine, when you come to lay open the abuses of Verres, in his qua^storship, in his praetor- ship, as lieutenant to Dolabella, at Rome, in Italy, in Achaia, Asia, and Pamphylia, that you will be able to describe and point them out in your impeachment, in like manner as they are distinguished as to time and place? And, which is indis- pensably necefsary in a prosecution of this kind, do you imagine yourself able to draw such a picture of the lust, cruelty, and wickednefs of the criminal, that the very hearers shall feel the same resentment and indignation as the persons who suffered under them? Believe me, Sir, these are important points of which I speak, and such as I would by no means advise you to slight. Every circumstance must be laid down, proved, and ex- plained. The charge must not only be opened, but set off with all the How and dignity of eloquence. If you hope to succeed, it is not enough that you are barely heard; you must make yourself be heard with pleasure and attention. Were you never so happy in the gifts of nature ; had you from your earliest youth been trained in all the liberal arts and sciences, and im- proved them by Continual study ; had you learned Greek at Athens, instead of Lilyb&um ; Latin at Rome, instead of Sicily ; it would yet be a mighty acquisition, to master by your diligence a cause of so much weight and expectation ; to comprehend it in 5-our memory, explain it by your eloquence, and sustain it with all the advantages of action and utterance. Perhaps you will tell me, What! do all these qualities then meet in you? I wish indeed they did ! However, I have earnestly laboured from my childhood to attain them. But if, eruat, homini minime malo! Quid? cum aecusationis tine niei (18) Jovem egg optimum maximum.'] Cicero in this < : -cults Caecilius, whom he represents as a commonplace orator, who thought he had acquitted .himself well, if he made use of the phrases in repute among ordinary pleaders ; with whom it was usual to begin their speed). by invoking the gods: Pne at us divas, solio rex injit ab alto. Or, by reprehending the prevailing vices of the times : Y&lem cum primix fieri siforspotir 2.5 Sect. XIII. Though, as all know, my practice in the forum and public trials has been such, tbat few or none of the same age have been concerned in more causes'; and though I have employed all the time I could spare from the businefs of my friends, in these studies and occupations, that I might be ex- pert and ready at the practice of the bar, yet may I never enjoy the favour of Heaven, if, as often as I reflect upon the day when I must appear against the accused, I do not feel not only a great anxiety upon my mind, but a trembling in eye: v joint. Already I figure to myself the eagernefs and cu- riosity of the public upon this occasion ; what an expectation the importance of the trial will raise ; what crowds of people the infamy of Verres will draw together ; in fine, what an attention the detail of his villanles will beget to my discourse. Ail which when I reflect upon, I am under no small concern, how I shall acquit myself suitable to the importance of the trial, the expectations of the public, and the resentment of those whom he has irritated and provoked by his oppressions. You have no anxiety, apprehension, or trouble about these things; and if you but learn from some antiquated oration, I call to wit- nejs the all-powerful Jupiter, or, vixj Lords, I could heartily wish, or some such commonplace phrase, you imagine you come abundantly prepared for the trial. It is my opinion, that if no one was to oppose you, you are yet incapable of making good the charge. 13ut now you never so much as reflect, that, you are to enter the lists with a man of consummate eloquence, and thoroughly prepared for his client's defence ; one with whom you must argue, canvafs, and settle every point: whose capacity I praise without dreading it ; and whose eloquence, I allow, may charm me, but can never impose upon my judgment. Sect. XIV. Never shall his measures disconcert, never his arts baffle me ; nor will ho even attempt to weaken and under- mine me by his abilities. I know all his methods of attack, all the artifice of his pleading. We have often been con- cerned in the same, often in contrary causes. Great as his abilities are, he will yet oppose me in such a manner, as to show he is hot without some dread of his adversary. But as for you, Caxilius, I already figure to myself, in what manner he will disconcert and perplex you. As often as he leaves to your choice, to admit or deny a fact, to agree to or reject a proposition, which side soever you take, you will still find it make against you. Immortal Gods ! What confusion, what un- certainty, what darknefs will the good man fall into ! How will he be amazed, when his adversary begins to digest the different heads of the accusation, and arrange upon his fingers the several C }l M. T. CICERONIS ORATIONES. dividerc nrperit {»)>, et in digitis suis singulas parteis causa- €on- strHiere? quid, cftm unumquodque transigere, expcdire, aiisol- vere? Ipse protecto metucre incipies, ne imiocenti pcriculum fmvfseris. Qtfidjj curti ctamitearr, conqueri, et ex illius invulia deonerarc aliqui'd, et in 'to trajicere creperit r commembrare quasioris cum pnvtore neeclsitudinem cortstitutam ? morem majorum? sortis religionem ? poteris-ne ejus orationis subire invidiam? Vide niodo, etuun atque etiam considera; mihi cairn videtur periculuni fore, nv iile non mode verbis te obrtutt. ovsui ipso, ac motu corporis pnestringat aciem ingeuii tui, teque ttb instrtUtis rnis, cogitationi busque abducat. Atque huj usee rei judicium jam continue) video futurum. 8i eriira mihi hodie res. pondere ad luce, qua*, dice-, potueris: si ab isto iibro, quern tibi uuigister ludi, nescio quis, ex aiienis orationibus compositum d&lk-, verbo uno discefseris: poise te, et i 11 i quoque judicio non deefse^ er causa? atque officio tuo satisfacere arbitrabbr. Sin inecnm in Viae prolusione nihil flieris; quern te in q>sa pugna cum acerrimo adversano fore putemus ? XV. Esto: ipse nihil est, nihil potest: at venit parattis ('') cum subscriptoribus exercitatis et disertis. Est tamen hoc aliquid : tametsi non est satis. Omnibus enim rel)us is, qui prin- ccps in agendo est, ornatifsimus et paratifsimus else debet. Ve- funtameri L. Apuleium else video proxinnun subscriptorem, hominem non estate, sed usu forensi, atque exercitatione tyro- nem. Deinde, ut opinor, habet Alhenum: huuc tamen a sub- sellis: qui quid in dicendo polset, nunquam satis attend! : in clamaado quidem video eum else bene robustum, atque extftf*. citatum. In hoc spes tute sunt oiunes: hie, si tu eris actor < <>n- stitutus, totum judicium- sustinebk. Ac ne is quidem t. contendet in dicendo, quantum potest : sed consulet Jaudi i istimationi tinr, et ex eo quod ipse potest in dicendo, aliquantYltn remitter, ut tu tandem aliquid else videare. Ut ill anetoribks Graxus -fieri videmus, stepe ilium qui est secundanun, aut u*r- (1P) Quid? cum accusationes hue membra dividers cccperi < carries his raillery against Cheilitis so far, as even to laujjh at"] I who numbered the heads of his defence upon his finders: A very sfa succefsful way ofrendering a great man ridiculous. (20) Cum subscript uribus exercitatis et disertis.'] The solicitors "were those who alsisted the accuser to manage the accusation; and none were allowed to take this office upon them, til! they had received a pov so doing from the judges. Cicero here observes, that as they had only an under part to act, it was against the rules of propriety to" see surpafsthe principal manager of the trial; which vet must hap| Cheilitis, whose abilities were n way equal to the task of conduct impeachment. Some of those solicitors are named and characterised •here: as Apuleius, of whom we have no accounts thafcean be relied on ; only from Cicero's words we may conclude that he was both a.. and a bad orator, MUcnus, another of the solicitors, is describt 27 parts of the cause! when be sets himself to examine, prove, and did ills every article ! You will even begin to suspect that you l^ave brought an innocent man into danger. Say, when he shall endeavour to excite pity and companion, and to throw some of the public odium from Verres upon you; when he shall urge the sacred tie of quaestor and praetor; the practice of our ancestors; and the awful decision of the provincial lot; will you be able to bear the load of hatred his discourse must bring upon your Consider with yourself, reflect again and again: for to me there seems great danger, not only of his disconcerting you with his pleading, but of his confounding your very senses bv his action and gesture, and driving you from all your pur- poses and resolves. But I perceive we are soon to have a spe- cimen of what may be expected from you. For if you answer to the purpose what I have advanced against you ; if you de- part one word from that scroll of pilferred pleadings, which i know not what pedagogue has put into your hands; I shall then allow, that you may acquit yourself well in the present trial, and be equal to the cause and province you have undertaken to manage. But if ia this prelude you should prove nobody, what can we expect from you in the engagement itself against a formidable adversary? XV. But, perhaps, I shall be told : Csecilius indeed is nothing ; can do nothing; but becomes, backed with able and expert solicitors. This, I own, is something ; yet it is far from being sufficient. For, in all affairs, he that holds the first rank ought to be every way ready and prepared. But I find Lucius Apuleius is his first solicitor, a man in years indeed, but a mere novice in the practice and businefs of the forum. His next, I think, is Al- lienus, hitherto concerned only in petty trials; and whose elo- N quence I am very little acquainted with. I perceive, indeed, that he is well trained and exercised in bawling. All your hopes rest upon him. If the eaufe is committed to yoiir management, he will sustain the whole weight of the prosecution. And yet he will not exert his utmost in pleading, but show a proper regard to your character and reputation, and check in some degree, the impetuosity of his eloquence, that you may have an opportunity of shining. As it often happens among the Greek actors ; when one concerned only in petty trials: for, according to Nonius, the tri* bunes, the quaeftors, and the inferior judges, sat on forms or subsellia, and not in the sella- curules, or the Roman chairs of state. Cicero desires the judges to take notice, what kind of trial the present was like to prove, if left to the management of Caecilius; when even Allienus, a mere pettifogger, and distinguished only by strength of lungs, would yet be necefsitated to contract his talents, and. check the sallies of his genius, in order that the other might preserve some character of distinction, in the course of the pleadings. C2 M. T. CICERONIS ORATIONES, tiaru.n i-rtium, cum pofsit aliquanto clarius dicere, qaam ipse primarum, nuiltmn summittcre, ut ille prirxeps quam maxime excel! it • sic faciei Allienus: tibi serviet, tibi lenocmabitur, im- .^alHmantocondcndet, quam potest. Jam hoc considerate, cuwsmodi accusatores in tanto judicio simus habitun : cum et ,pse Ulieiiw ex ea iacultate, si quam habet, ahquantum detrac- mrussj.t, ct Orcihus turn deniquc se aliquid futurum putet, si \lfienus minus vehemens tuerit, et sibi pnmas in dicenao par- tus cpncefserit. QuarUim quern sit habiturus, non ndeq, nisi quern forte ex ille grege Oraiarum, qui subscnptionem sibi postulanint, cuieumque vos delationem dediisetis. ( ) k3 tmibus aliemtsimis hominibus, ita paratus venis, ut tibi hospes 'aliquis sit reeipicudus. Quibus ego non sum tantum nonorein liabiturus, ut ad ea qua; dixerint, certo loco, aut smgulatini unieuique respondeat.. &c breviter, quoniam non consulto, spd'casu, in corum . mentionem incidi, quasi praleneus, satis- fuciam universis. XVI. Tanta-ne vobis inopia videor efse amicorura, ut mihi non ex his! quos inecum adduxerim, sed de populo subscripted ad- datur ?' vobis autem tanta inopia reorum est, ut mihi causam ripere conemini potius, quam aliquos ( 2a ) a columna Moenia vestri ordinis reos "reperiatis? Custodem, inquit, Tullio me ap- .ponite. Quid? mihi quam multis eustodibus opus erit, si te se- me! ad meas capsas admisero? qui non solum ne quid en unties, sed etiam ne quid auf eras, custodiendus sis. Sed de isto cus- tode toto sic vobis brevifsime respondebo: non efse hos tales viros commilsuros, ut ad causam tan tarn a me susceptam, mihi creditam, quisquam subscriptor, me invito, aspirate polsit. Erenim fides mea custodem repudiat, diligentia spcculatorem rcibrmidat. Verum, ut ad te, Caecili, redeani, quam multa te deficient, vides: quam multa sint in te, qua) reus . accusatore suo cupiat else, profecto jam intelligis. Quid ad hsec dici potest? non enim qua?ro quid tu dicturus sis. Video milii non te, sed bur e librum else responsurum, quern monitor tuus hie tenet:, qui, si te recte monere volet, suadebit tibi, ut hin< (21) Ex quibus aiienifsimis hominibus.~\ Thac is, men unacquainted with the busiuefs of the forum, and strangers to the forms and ma of a public trial.. Our orator here plays a little with words, and puns upoa the name of Allienus, i. e. strange; which he insinuates e.xprefses the real 'character^!* the man, who was indeed a stranger to the businefe of im- peachments. This art of amusing a bench, low and trivial as it r. seems to have been much in use at Rome, and was often very succdsiul. (<22) A columna Mcenid.'] The Mcenian column stood in the forum, and was so called from one Mcenius, who having sold his house to I Cato the censors, whose design was to build a temple there, r< - pillar for himself and his posterity, as a place whence the\ hold the public shows. At this pillar thieves, or.servants wl guilty of some fault, were punished by the Triumviri, At it im CICERO S ORATIONS. 29 a person appointed to play an inferior character, thoi Me of eclipsing him that has the first, chooses yet to coYice; that the principal parts may appear with all possible afdrahta Such will be the conduct of Allien ite. Me will study to act i an under part in this affair; he will endeavour to let you oh advantage ; and, to that end, will abate a little of his wonted force. Consider then, my Lords, what prosecutors we are like to have in this important trial, -where even Allieims will supprefs some part of. his eloquence, if in truth we can allow him any ; and where Csecilius can only hope to make a figure, if Allieiius abates of his usual vehemence, and leaves the principal part to Him. Who is to act as fourth solicitor I cannot tell, unlefs perhaps some one of those common retainers to causes, who watch for employment under the prosecutor, to whomsoever that part is adjudged. And yet with the aid of these men, strangers as they are to the businefs of the forum, you think yourself abundantly prepared to entertain the public. But I shall not honour them so far, as to answer them singly and by turns. This slight notice, as I mentioned them by accident, riot design, shall suffice for them all. Sect. XVI. Am I so very destitute, do you imagine, of friends, as to be obliged tp take a solicitor, not from among those who now attend me, but from the dregs of the people ? And' are you in such want of clients, as rather to aim at wresting this cause out of my hands, than inquire after some criminal of your own rank from the Menian column? Appoint me, says he, a spy upon Tully. A spy, indeed! How many must I keep in pa}', were you to have accefs to my cabinet ? Since not your tongue only, but your fingers too require to be watched. But as to this whole race of spies, I will thus answer you in short; that such men as this court is composed of, will never fuffer any solicitor to aspire at employment under me against my inclination, in a cause of so great importance, undertaken by, and intrusted to me. For my honesty disdains a spy, aud my diligence daunts an informer. But to return to you, Caxilius, you see how many are your defects ; you must surely by this time be sensible how many reasons the criminal has to wish you for an accuser. Vv'hat answer can be made to this? I ask not what answer you can make; for I see it is not from you, but from the book which your prompter holds, that we are to expect an answer. But if it prompts you right, it will advise you to leave this were laid against the lefs notorious offenders ; audit was frequented by the most proiligate and abandoned set of wretches. (Ibid.) Custodcm, inquit, Tullio me opponite.'] It was customary among the Romans to set spies upon the accusers/that so they might not have an opportunity of being corrupted or bribed. Of thes*e spies the accused had the nomination. C3 / ^ ,(. t. CICERONIS ORATIONES. .mivcrbuiuullumrespondcas. Quid enim dices? dietit*s, injuriam tibi fecilse Venem r Arbitror; m efset verisiimie, cum omnibus Sicuhs faceret mjii- iUi niium eximium, cui consuleret, fuifse. Sed ca*» i ultorem suarum injuriarum invenerunt: tu, duni tuas in- ias per te, id quod rion pores, perseqiu conaris, id agis, ut Uterorum quoque injuria suit impunity, otque jnultae : et hoc te urateriit, non id solum spectari solere, qui debeat, sed etiam illud, qui pofsitulcisci; in quo utrumque sit, euro supenorem efse: in quo alteram, in eo non quid is vein, sed quid facere poisit, quart solere. Quod si ei potiisimum censes permitti oportere accusandi potestatem, cui raaximam C. Verres mjunam fecerit : utrum tandem censes hos Judices gravms ferre oportere, - lilo efse laesum, an provinciam Siciliam efse vexatam, ac perditam ? Opinor, concedis, multo hoc et efse gravms, et ab omnibus ferri oravitis oportere. Concede igitur, ut tibi ante- ponatur in accusando provincial nam provincia accusat, cum is agit causam, quern sibi ilia defensorem sui juris, ultorem in- juriarum, actorem totius causae adoptavit. XVII. At etiam tibi C. Verres fecit mjuriam, qua? cate- rorum quoque animos pofset alieno incommodo commovere. Minime; nam id quoque ad rem pertinere arbitror, qualis in- juria dicatur; quae caufa inimicitiarum proferatur. Cognoscite ex me: nam iste earn profecto, nisi plane, nihil sapit, nun- quani proferet. Agonis est qusedam, Lilybaetana, ( 2j ) liberta Veneris Erycinae : quae mulier ante nunc qua?storem copiosa, plane et locuples fuit. Ab hac ( l +) praefectus Antonii quid am svniphoniacos servos abducebat per injuriam, quibus se in clafse uti velle dicebat. Turn ilia, ut mos in Sicilia est omnium Veneieonim, et eorum qui a Venere se liberaverunt, ut prac- tecto illi religionem Veneris, nomenque objiceret, dixit, et se, et omnia sua Veneris else. Ubi ha c Quaestori Cacilio, viro opt i mo, et hnmini aquifsimo, nuntiatum est; vocari ad se Agon idem jubet: judicium dat statim, SI PARERET, earn se, et sua Vc ue- (J.3) Liberta Veneris Eryciruc ~] This Agonis is no where mentioned in history, except in the pafsage now before us. She is said to be'enfran from the service of Venus, because she had completed the legal tern, priesthood, and was therefore absolved from the obligation of anv farther attendance upon the goddefs. Venus Ervcina was so called, from" E high mountain in Sicily, where she had a very rich and celebrated temple. (243 Prd'fectus Antoyiii qnidam symphaniacos servos abducebat rfam, quibus se in clafse uti velle decibat.'] The Antony here spoken i fore the war with the pirates, was appointed to protect the whole maritime coasts of the Roman empire. But as lie was man of a profligate and had a set of officers under him of the same stamp, he unju>tK al the Cretans, and by his ill management perished in the attempt. " The pre- tence for seizing the music-servants, was owing to the custom of exercisiug the rowers by the sound of instruments, which were made use of bv the, ancients on board their fleets, as the drum is now in military discipline. 31 place, without offering at one word of reply. For what can you ajlege.f Will you rjty to the old pretence, that Verres has injured you ? I am ready to grant he did ; tor it is by no means likely, when his injuries extended to the whole people of Sicily,, that you alone should be exempted on. this occasion. But the rest of the Sicilians have found an avenger of their wrongs: you, while you endeavour to prosecute your own injuries, for which you are no way qualified, are like to be the cause that. those also of others should pais unpunished and unrevenged: for you ought to consider, that riot the right only, but the power also of punishing, demands our regard in a case of this nature,, "When both these meet in one person, he doubtleis is to be pre- ferred; but where only one or them is found, the choice nar rurally fails on him who has the most power, not who has the best will. But if you are of opinion, tliat the right of accusa- tion belongs to him who has received the greatest injury, which do you thiuk ought to weigh most with the judges, the wrongs done to yon, or the ravages and depredations of a whole pro- vince? I believe vou will allow j that these last are far more crying and obnoxious. Yield then the preference, in this point, to the; province. For the province then accuses, when the management of the cause is committed to him, whom they have chosen as the patron of their rights, the avenger of their wrongs, and their advocate for redrefs of grievances. Sect. XVII. But you wjll tell me, perhaps, that the injury you have received from Verres is of such a nature, as cannot fail to rouse resentment even in the hreasts of others. Hits I deny; and indeed think it very material to the question in hand, what the nature of the injur)- is, and what first gave rise to the quarrel. Learn it then of me, my Lords: for he sur£ will never disclose it, unlefs he is quite bereft of understanding. There 1 was at Lilyb.mm, a lady named Agonis, emancipated from the service of Venus Kryeina, and before this man's quie- storship, in easy and plentiful circumstances. One of Antony's lieutenants violently carried off some music-servants of hers, under pretence that they were wanted for the fleet. The lady, ^us is usual in Sicily to all who are or have been in the service •of Venus, that she might awe the captain by the name and au- thority of the goddeis, told him, that herself and estate were the property of Venus. When this came to the knowledge of the upright and worthy qiuestor, he ordered Agonis to be .cited before him, and instantly appointed commits! oners to try, whether she had affirmed, that herself and estate belonged to Venus. The conmiifsioners, as was unavoidable, gave their .verdict that she had: For nobody pretended to dispute tins fact. The quicstor upon this takes pofse&ion of her forum* / M. T. CICERONIS ORATIONES. vis efce drxitVc. Judieant recuperatores id, quod neceise erat ; R©que enim erat cttiquaris dubium, quin ilia dixifset. Iste in ■oisefeionem bonorum mulieris mittit: ipsam Veneri m servitu- tcm adjadicat: deinde bona vendit, pecuniam redegit. Itadum pauca numcipia, Veneris nomine, Agonis, ac religione retinere vult, tort unas omneis, liber tatemque suam istius injuria peraidit. Lilybivum Verres venit postea; rem cognoscit: factum mipro- oogit qmrstorem suum pecuniam, quam ex Agonidis boms redegiiset, earn mulieri omnem annume'rare, et reddere. Est adhuc, id quod vos omneis admirari video, ( 2> ) non Verres, sed Q. Mucins; quid enim iacere potuit elegantiusad hominum ex- istimationem ? a^quius ad levandam mulieris calamitatem ? vehe- ment i us ad quccstoris libidinem coercendam? Summeha?c omnia mibi videntur else laudanda. Sed repente e vestigio ex homine ( i6 ) tanquam aliquo Circax) poculo, factns est Verres: redit ad se, atque ad mores suos: nam ex ilia pecunia magnam par- tem ad se vertit, mulieri reddidit quantulum visum est. XVIII. Hie tu, si lsesum te a Verre efse dices; patiar, et con- cedam : si injuriam tibi factam quereris; defendam et negabo, Deinde de injuria, quae tibi facta sit, neminem nostrum gravio- rem vindicem efse oportet, quam teipsum, cui facta dicituv. Si tu cum illo postea in ■gratiam rediisti, si domi illius aliquoties fuisti, si ille apud te postea Ceenavit, utriim te ( 2 ?) perfidiosum, ac prasvaricatorem existimari mavis ? Video esse necefse alteru- tram. Sed ego tecum in eo non pugnabo, quo minus, utrum velis, eligas. Quid, si ne mjuriae quidem, quae tibi ab illo facta sity-causa remanet? Quid habes, quod pofsis dicere, quamobrem non modo mini, sed cuiquam anteponare ? nisi forte illud, quod - dicturum te efse audio, quaestorem iliius ftiifse, Qiac causa gravis efsct, si certares mecum, uter nostrum illi amicior eiVe de- beret. In contentione suscipiendarum inimicitiarum, ridiculum est, putare causam necefsitudinis ad inferendum pern ulum jus- tarn videri oportere. Etenim si.plurimas a tuo Prsetore in accepifses; tamen eas ferendo majorem laudem, quam ulcis- cendo mcrere. . Cum verd nullum iliius in vita rectius factum sit, quam id quod tu injuriam appellas; hi stataent banc sam, quam ne in alio quidem probarent, in te, justam ad m situdinem violandain videri? qui si summam injuriam ab illo (25) No?i Verres, sed Q, Mucins.'] He means, that the. pra?tor acted so fyg, not hke Verres, an unjust magistrate, but with the same integrity that IMucius would have done. This Q. Mucius, surnamed Scjsvola, was a man oi untainted honour, and known goodnefs ; who, for the space of nine month?, governed Afsia so much to the satisfaction of the inhabitants, that they kept a day m honour of him, which they called aies Mucta, (26) Tanquam aliquo Ciraco poculo /actus est Verres."] Cicero here alludet to t he-famed story of Circe's cup, which her guests had no sooner drunk xhan she touched them with her rod, and ."by "that means changed them 33 judges her the slave of Venus, sells her estate, and puts the money into his pocket. Thus Agonis, in endeavouring to preserve a few slaves under the sanction and authority of Venus, was stripped of all her fortunes and liberty by the injustice of this man. Some time after Verres comes to Lilybaeum, takes cogni- zance of the fact, reverses the decree, and obliges his quaestor to refund to the lady all the money that had arisen from the sale of her estate. Hitherto I perceive indeed, to your surprise, he is not Verres, but Q. Mucins. For, what could he do more lovelv in the eyes of mankind, more equitable for the relief of the distre&ed lady, or more vigorous to check the avarice of his quav-stor ? These/to me, seem all highly worthy of praise. But immediately on the spot, as if he had tasted of some enchanted cup, he sinks from Mucius into Verres. He returns to himself, and his natural disposition. For he converted the greatest part of the money to his own use, and restored to the lady what little he thought proper. • Sect. XVIII. Here, if you say that you suffered by Verres, I admit and own it ; but if you complain that you was injured by him, I dispute and deny it. I it does not belong to any of us to be more keen in prosecuting the injury than your- self, who were the person affected by it. If you was afterwards reconciled to him ; if you sometimes supped with him, and he with you; whether- do you choose to, be thought treacherous, or a difsembler ? One of teem you must be. I shall not dispute about the matter, but leave it to your own choice. But if the verv cause of the injury which you pretend to have received no longer subsists, what reafons can you offer, riot only why you should be preferred to me, but to any person whatsoever ? unlefs perhaps-, as I hear you are resolved to do, that you was his quaestor. This indeed would be a good plea, was the con- test who should befriend him most. But m a dispute that re- <. v ar quam cum scelere discedeyer \[\. At vide-, quid differat inter meam opinionem ac tuam. Tu, cum omnibus rebus interior sis, hac una in re te mihi ante fefri putas oportere, quod quaestor illius fueris: ego, si superio? auris rebus ©fse's, te hanc imam ob causam aceusatorem repu- patavem oportere. Sic enim a majoribus nostris accepimus, m-atorem quasi ori suo parentis loco efse oportere: nullani n lustiorem, nequc oraviorem causam necefsitudims poise reperiri, quaiu conjunctionem sortis, quam provincia, quam oificii, quam publicum "muncris societatem, Quamobrem, si jure eum poisis acedsare, tanaeo cum is tibi parentis numero fuifset, id pielacere non poises : cum vero neque injuriam acceperis, et pra tori tuo periculunj crecs, fatearis necefse est, te illi injustum impiumque Mlum inter re conari. Etenim ista quastura ad earn rem valet, HI elaboranduni tibi in ratione reddenda sit, quamobrem eum. cm qua:stor fueris, accuses; non^ut ob earn ipsam causam postuian- dum sit, ut tibi. potifsimum accusatio detur. Neque fere unquam venit in contcntionem de accusando, qui quaestor .fuifset, quiii repudiaretur. ( zs ) Itaque neque L. Pluloni inC. Servilium no- ininis deferendi potestas est data, neque M. Aurelio Scauro in L. Flaccum, neque Cn. Pompeio iilT. Albucium : quorum nemo propter indignitateili repudiatus est: sed no libido violanda ne- cefsitudinis auctoritate judicum comprobaretur. Atque die Cn. Pompeius ita cum C. Julio contendit, ut tu mecum. Quaestor enim Albucii fuerat, ut tu Verris. Julius hoc secum auctoritatis ad accusandum afferebat, quod ut hoc tempore nos ab Siculisj sic tuna ilie ab Sardis rogatus ad causam accefserat. Semper luce causa plurimum valuit: semper hac ratio accusandi fuit bono- tiisima, pro sociis, pro salute provincia, pro extcrarmn natiomuu f2R) Itaque neque L. Philoni in C. Servilium.'] The examples here pro- duced are all of quaestors, who ottering to impeach the magnate* under -Aliom they had served, were refused permifsion by ihe people, to whom it seemed a bad precedent. Cicero urges them as an argument a< Gaecilius's suit, and it must be owned they form a very strong one. "Philo was of the plebeian branch of theVeturian family, and quapstorto Serviliiw Glaueio, the same who perished with the seditious tribune Aputeius. M. AureHus Scaur m.~\ He was a man of great influence in the senate, and bad a mighty ascendant over the spirit of Marius, whom he determined l» attack Servilius, in the fedition Gefore-mehtibned. Cn. Pompeius.'] He means Pompeius Strabo, the father of Pompei trie . * at > wil .o bought an accusation against T. Albucius, propraetor of' Sar- tlLma "lhis last example quadrates exactly with the case of Cicero and Cheilitis. For Strabo, Aibucius's quaestor, endeavoured to wrest the im- peachment out oi the hands of Julius, who had been solicited bv Uj 35 he injured you in the highest degree, yet to accuse the man un- der whom you was qiuestor, would draw after it some censure. But if he never really wronged you, it were even criminal to accuse hint. Since then the injury is by no means evident, can you expect that the judges will not rather you shouid depart without blame, than with infamy. Sect. XIX. Observe only the difference between your way of thinking and mine. You, though inferior in all respects, ima- gine you ought to have; the preference, merely on the score of being his quaestor. I, on the contrary, were you superior in every other qualification, should yet look upon this single cir- cumstance as a sufficient reason for sotting you aside. For it is a doctrine transmitted to us from Our ancestors, that the pra'tor is in place of a parent to his qiuvstor ; that no tie can be more sacred and binding than an union founded upon an allot- ment of the same province, than a conjunction of office, and the common discharge of a public trust. Sliould therefore the law admit of your commencing accuser, yet, as he has been to you in place of a parent, you cannot act such a part consistent with piety. But as he never offered you any real injury, and you yet threaten your praetor with a prosecution, you must own yourself liable to the charge of a criminal and unjust attack. For the nature of the quiestorship is such, as to require your giving a reason, why you, who filled that office under him, should undertake to become his accuser, but can never be urg- ed as an argument for your having the preference in this trial. Nay, there is hardly an instance of a dispute of this kind, in which the quaestor was not rejected. Accordingly we find, that neither was Lucius Philo admitted to plead against Gains Servilius, nor Marcus A melius Scaurus again -t Lucius Flaccus, nor Cneius Pompey against Titus Albutius: not that they were excluded on account of insufficiency ; but to avoid countenancing by the authority of the judges the wanton difsolution of a sacred tie. Yet the dispute between Cneius Pompey and Caius Ju- lius was the very same as that between you and me. Pompey had been quaestor to Albutius, as you to Verves. Julius, on the other hand, had this plea, that he was solicited to undertake the impeachment by the Sardinians, in like manner as I now am by the Sicilians. 'Ibis consideration has always had the great- est weight; it has ever been esteemed an unexceptionable argument in favour of an accuser, when for the interest of the allies, the safety of a province, and the benefit of foreign na- tions, he has not scrupled to create himself enemies, to expose dinians to undertake their cause, in like mamivr as Cicero was by the Sieiliawst M. T. ■ OICEROJiTXS ORATIONES. ...ulis inimieitias suscipere, ad periculum accedere, ope- ; Kim, stuilium, laborer interponere. XX Btenira si probahilis est edrum causa, qui injurias suas V vYt in all debates. He wa* connnon- ly the oldest member in the senate, whose name appeared first upon the. roll and enjoyed this honour during life. M. Aquilius, here mentioned} was accused by Lentulus of extortion, and defended by Antony, who drew aside his garment, and showed the scars of those wounds lie had received for the republic, in the war with the slaves in Sicily. (33) P. AJricanus L Cottam in judicium vocabat.} L. Cotla was accused by P. Africanus, after he had been twice consul and censor, lie was de- fended by Q. Metelius Macedbmcus; and as Cicero informs us in his ora- tion for Murena, was acquitted by the people, not so much on account of his innocence, as that he might not aeum to have fallen a victim to the powei - and credit of bis adversary. CICERo's ORATIONS. 39 We all know, that Cneius Domitius lately impeached Ma|CUs Silanus, for the wrongs offered to a single person, Egritomarus by name, the friend and host of his father. Sect. XXI. Nor indeed has any thing so much of late alarmed the minds of guilty men, as this custom of our ancestors, re- peated and renewed after a long discontinuance. To see the complaints of our allies laid before a man of activity, and their cause undertaken by one likely to defend their interests with integrity and spirit^ fills them with dread and terror. They are sorry that a such a custom should ever have taken place, but still' more so, that it is revived and repeated. They begin to apprehend, that, should the practice insinuate and gain ground, the administration of law and justice must pais through the hands of men of integrity and courage, not of bcardlefs boys, and a rabble of mercenary pleaders. Our fathers and forefathers were hot ashamed of this institution, whenPublius Lentulus, prince of the senate with Caius Rutilius Rufus for his solicitor, accused Marcus Aquilius: or when Publius Africanus, a man eminently distinguished by his virtue, fortune, reputation, and military exploits, after fie had been twice consul and censor, impeached Lucius Cotta. The Roman name was then deservedly famous: the dignity of this empire, and the majesty of the republic, were justlv held in veneration. No one wondered at that in the great Africanus, which they who are difsatisried with this proceeding, affect now to. treat with surprise in me, a man so much beneath him in rank and fortune. What does he mean ? say they. The man who has hitherto been accustomed to defend;, would he now pais for an accuser, especially at an age when he is suing for the tedileship?.* But I think it an honour not only at my time of life, but even at a much more advanced age, to accuse the wicked, and defend the wretched and miserable. And indeed, either it is a rem e dy for a languishing and almost incurable administration, groaning under the corruption and vices of few, that men of itite- (34) Quid sibi iste vult.~] The question relating to the accuser bfiVerres -was of more importance than at first sight it may seem. Had it only re- garded the point of preference between Cicero and Ca-'eilius, it would have been no hard matter to determine it. But the great men at Rome were for discouraging accusations for mal-adrninistration in the govern- "rnent of provinces, as being almost all involf ed in the same guilt. To this end they used their utmost endeavours to hinder impeachments from tail- ing into the hands of able and faithful men, as hoping by this means to render them ineffectual, and bring them into discredit and contempt. ThB was the real difficulty Cicero had to encounter, of which he fails not to" give frequent hints in his fpeech. His adversaries however gave the matter a different turn^ affecting to wonder, that one who had hitherto employed himself only in defending causes, should turn accuser, and thereby draw upon himself many powerful enemies; especially at a time when he was running the career of public honours,having discharged the office of qua?stor, ■and preparing now to sue for the, eedileship. But Cicero despised these 40 M. T. ClCEROJJIs ORATIONES. rimos dili^entiisimosque accedere: aut si ne hoc quidem prod- efse poterit, profecto nulla unquam medicina his tot inconmio- dis reperietur. Nulla salus reipubl. major est, quam eog, qui alterum, accusant, non minus de laude, de honore, de fama sua, quam illos, qui accu.-santur, de capite, ac fortanis suis per- timiscere. Itaque semper li diligentifsime laboriosifsinn accusarunt, qui se ipsos in discrimen existimationis venire ar- bitrati sint. XXII. Quamobrem hoc statuere, judices, dcbetis, Q. Ca , cilium > de quo nulla unquam opinio fuerit, nullaque in hoc ipso judicio exspectatio futura sit, qui neque ut ante coiiectam famam oon- servet, nequi uti reliqui temporis spem conmniec, laborat. nimis hanc causam severe, non nimis accurate, non nimis dili- genter acturum. Habet c:::m nihil, quod in olYensione dej dat: ut turpiisime, tfagitiosiisimequc dibcedat, nihil (?•] suis veteribus ornarnentis requirct. A nobis multos ob- habet populus Rom. quos ut incolumes conscrvare, tueri, ( firmare, ac recuperare pofsimus, omni ratione erit dimicandum ; habet honorem, quern pciinms: habet spem, quam propositam nobis habemus; habet fexi$fciai*tiooean multo sudor. . vj- giliisque collectam: ut, si in hac causa nostrum ohHcium, ac diligentiam prohaverimus, luce, quai clixi, rotinere per pop. Rom. incolumia ac salva pokiinus; si tantulum oiiensum, titu- batumque sit, ut ea, qua; singulatim, ac diu collecta sunt, uno tempore universa perdiuims. Quapropter. judk nm est ddigere, quem existimetis fiicillime poi'te magnitudineni causae, ac judicii sustinere fide, diligentia, consilio, auctonr.. Vossi mihiQ,. Gecilium antuposuentis, ego me dignira? atum non arbitrabor : populus Romanus ne tarn hone>tani, * severam, dihgeoutemque a , Deque neque ordiiii vestro placers arbitretur, prov-flletc. insinuations, ns knowing tint he could not mo; ! ! y recommend himself to the favour of the better sort of the Romai candid, faithful, and diligent behaviour, in the course of the pr< he had undertaken to mai (33) De suis ornam&itis, rcquir . \. e. amiji f. He can suffer no detriment by betraying the cause, bec; use he has nolhh lose. Cicero uses this as an argument against Care bus, and in his own favour. There were no sufficient ties upon Caxnlius, to bind him to I lity and diligence; whereas (he Romans had many pledge* i : the honour of the zdileship, for which he ha • the hope of tiie prsetorship and consulate, to which he had the ambili aspire: the reputation he had atrea red, and the growing ex;' ation of the public in his favour. Ail these were powerful moll could not fad to animate him with unommon industry and zi was sensible that the least slip would endanger (he loft of all he had acquired, and destroj his expectations for the future. The argument must be owned, is strong ana cOnclui Cicero's Orations. • 41 grity, honour, and application, should take upon them the de- fence of the laws, and the revival of public justice; or, if even this be found ineffectual, it is in vain any longer to hope for redrefs. Nothing tends more to the preservation of a state, than for an accuser to be no lefs tender of his reputation, ho- nour, and fame, than the accused is solicitous about his life and fortunes. Accordingly we find, that such as were the most jealous of their own characters, liave always proved the most diligent and indefatigable accusers. Sect. XXII. Therefore, my Lords, you have reason to be- lieve, that Quintus Csecilins, a man of no reputation, from whom very little is expected in the present trial, who has neither any fame already acquired to preserve, nor any future expectations to confirm, will not acquit himself in this cause, with the in- dustry, vigour, and severity it requires. For he can lose no- thing by a repulse. Should we even suppose him shamefully and scandalously baffled, all his former merit will still remain. Of me the Roman people have many pledges, which I must strive with my utmost endeavours to preserve, to defend, to confirm, and to redeem. They have the honour for which I am now a candidate: they have the hope that animates all my pursuits : they have a reputation too, acquired with much sweat, watching, and toil. If 1 give proof of my fidelity and diligence in this cause, all these will remain sure and inviolable in the hands of my country; but if I trip or stumble in the least, the acquisitions of a whole life will be destroved in one moment. Therefore, my Lords, it remains for you to pitch upon the man whom you think best qualihed, by his integrity', diligence, wisdom, and authority, to sustain the weight of this proseeution. Should the preference be given to Gecilius, I shall not think my character in the least affected by such a sen- tence: but take care that the people of Rome have not too much reason to believe, that so upright, so severe, and so vi- gorous an impeachment, was neither agreeable to you, .nor to those of your order. 1) ORATIO II. PRO LEGE MAN i LI A*. I. /~\UAMQUAM mihi semper frequens conspectus vester V^ iiiulto jucundiisimus ; (1.) liic autem locus ad agen- dum amplifsimus, ad dicendum omatifsimus est risus, Qui- rites! ( 2 ) tamen hoc aditu laudis, qui semper optimo cuique maxime patuit, non mea me voluntas, sed ineic vitse rationes ab ineunte delate susceptac prohibuerunt. Nam, cum antca per a:tatem nondum hujus auctoritatem loci contingere au- derem ; statu eremqile, nihil hue, nisi perfectum ingenfol elaboratum mdustria, afferri opbrtcrc ; omne meum terrrpus amicorum temporibus transmittendum putavi. Ita nequc hie lo- cus vacuus unquam fuit ab iis qui vc.^tram caufam defendercnt ; * In the consulship of M. .I'milius and L Volcalius; L. Lucull in quality of proconsul had continued almost Bevei the head oi Konian army in Asia Minor, and obtained many signal victories o\ dates, was recalled by a decree of the Senate. A> the war was not vet 1 feci, there was a riecelsity for sending some other gene ral to supply hi> pi C. Manilius, a tribvine of the people, | to t hat important rommifsion. This propolal met with great opposition cause Vompcy having already the command of the piratical .Mir, with a extensive authority, many Romans of distinction thought it would bi gerous to trust so much power in the hands of one p< who seems to have entertained a high opinion bf Pompey i honour ami probity, and considered him as the only man In the commonwealth a war of that importance, was zealous for th< and in his speech endeavoured to support it wit . quence. lie begins with explaining the nature and imp' the Mithridatic war, and says every thing that might serve t> people to continue and pursue it with vigour. Thei the choice of a general, he enters into so beautiful a detail of I merit and qualifications, that [question whether there be any hist i) where the character o( that great man is s*i well drawn. In the fequel th« pafsed, though Catullus and Mortensius, two of the most -able men in Rome, and both raters, were ami that opposed it. Pompey was sent against Mitbridates, wi . a mor tensive command than had been granted even to Lueullus-, leveral other provinces, being included in his commits his orders in Cilicia, where he was employed in putting the lo the war against the pirates; by the succefsful conclusion of which, he n stored ;lje Roman commonwealth to her woutcd power and splendour, which ORATION II. FOR THE MANILIAN LAW. Sect. I. f T\HOUGH your crowded afsemblies, Romans, A be always a grateful sight to me ; though this place appears the most conspicuous for counsel, and the most honourable for debate; yet not choice, but the way of life I have been engaged in from my early youth, have I hitherto excluded me from this theatre of praiie, ever open to the worthy and the wise. For as till now I had not reached the age necefsary to entitle me to so distinguished an ho- nour, and as I judged nothing worthy of this tribunal, in which the most consummate genius and industry were not conspicuous ; I thought it best to dedicate my whole time to the concerns of my friends. Accordingly this place has always ill conduct of her generals abroad, and the rernifsnefs of the administration at home, had of late considerably unpaired. This oration was delivered from the tribunal of harangues, being the first time of Cicero's appearance in that place; for hitherto he had pleaded only private causes in the prsc- xor's court. It was spoken in the six hundred and eighty-seventh year of Rome, and the forty-rirst of Cicero's age, soon after his election" to the :praetorship. (1) Hie locus.~\ Cicero here means the rostra, or tribunal of harangues, which was situated in the Forum, and adorned with the beaks of ships^ whence it had its name. Livy, speaking of it in his eighth book, says, Naves Antiatum parti m in navalia Ro?nce subductce, partim iricensa: : Jtos- frisqua earum suggestum in foro cxtructum adamari placuit, rosiraque id Umplum appcUatum. This place was set apart for enacting laws, pleading causes, and delivering speeches to the people Here, none were allowed to speak, but men of the first note, and such as bore offices of dignity in (he state. In the rostra the speaker addicted himself to thvi people only, and was obliged to study a very different manner of speaking from that in use before the judges. The people were to be botii instructed and pleased, which required all the eloquence and ornaments of language: The judges were only to be informed, and therefore a concise and simple style wa& necefsary before them. (2) Quirites-] This was an appellation given to the Roman people in general, from the Curetes, a people that removed to Rome with Tatius, from Cures a Sabine ciion o.f the Kingdom, of Hithvnia, being c\pe] : unions bv Shthridates, was again restored I)} Sylla. In gratitude servicer, chancing to die >omc s ears after, name!) in the ( I b.tavius and C'ottu, lie Tvft the Roman people heir to his kingdom, which the republic reduced into- the form of a province. Regnum J ] Cappadocia, whence he was twii bv Mituridatcs and as often restored by the Romans. J. called bv a decree ol* the Senate, Mithrid. 1 at* hU kingdom; and enjoyed it till Pbfnpev, alter the total defeat 01" him and Tigranes, restored Ariobar/anes a third time (7) Mithridatico btlfo siiperivre J 'Ibis broke out in the consulship 01 Q. Ponipeius ai ! L. Sylla. In the very, beginning of Ibis war, Mithrinafes ppius the proconsul iuio his naiiLb, put him in irons, He Marcnis Auuitius; and setting him upon an afs, ryer, who proclaimed his approach by his name, ordered him d to Pergamus; where he no toonef arrived,, than melt< - red down his throat. He then seat letter? to all the govern CICERO^ ORATIONS* 47 before rne the cause of the republic, and the danger to which their own private fortunes are exposed : that in Bithynia, now a Roman province, a great number of villages are burnt down : that the kingdom of Ariobarzanes, which borders on your tribu- taries, is wholly in the power of your enemy : that Lucullus, after a series of great exploits, is about to relinquilh that war : that his succefsor is but ill provided for the execution of so dif- ficult an enterprise ; and that the unanimous voice of citizens and allies, points at and demands one person for the conduct of this war, as the only man alive who strikes terror into our ene- mies;. You fee then the point in question : it now remains for you to consider what is fit to be done. To me it seems neces- sary to speak, first of the nature, then of the greatnefs of the war, and lastly of* the choice of a general. The nature of the war is such as ought to rouze all your courage, and kindle your warmest resentment. It regards the glory of the Roman peo- ple, which your ancestors have transmitted with so much lustre in all things, but principally in the science of arms. It regards the safety of your friends and allies, in defence of which your forefathers have sustained many heavy and dangerous wars. It regards the surest and fairest revenues of the commonwealth, without which we can neither support peace with dignit}*, nor furnish the necefsary expenses during war. In fine, it regards the private fortunes of many illustrious citizens, whose pro- sperity demands your utmost attention, both on their own and the republic's account. Sect. IIL And because the thirst of glory, and pafsion for fame, has been always stronger in you, than in any other peo- ple ; you must wipe, out that stain contracted in the last Mithri- datic war, which has given so deep and dangerous a wound to the reputation of the Roman people : that the man who in one day, over all Asia, through so many states, by a simple cornier, and the contents of a single letter, marked out the Roman citizens to butchery and destruction, has not only hitherto escaped without auv suitable punishment, but now Counts the twenty-third year of his reign from that period : a reign too so prosperous, that instead of seeking to hide himself in Pon- tus, and the fastneises of Cappadocia, he has broke through the limits of his paternal inheritance, and riots among your tri- butary provinces, in the rich and fertile country of Asia. For the Asiatic provinces, enjoining them, on the thirtieth day after the receipt of the said letter, to mafsacre all the Romans and Italians in their several districts, without regard to age or sex ; and to leave their bodies uriburied, a prey to the wild beasts. Upon this so great an execution ensued, that upwards of an hundred and fiftv thousand were slain in one day. Di 48 M. T. CICERONIS ORATIONES. ita vestri cum illo rege contenderunt imperatores, ut ab illo insignia victoria 1 , non victoriam reportarmt. * Triumphavit L. Sulla, triumphavit L. Muncua de Mithridate, duo fortifsimi viri, et summi imperatores : sed ita triumpharunt, ut ille pulsus superatusque regnaret. Verumtamen illis imperatoribus laus est tribucnduj quod egerunt : veuia dauda, quod reliquerunt : propterea quod ab eo bello (*) Sullam in Italiam respublica, Munenam Sulla revocavit. IV. Mithridates autcm omne reliquum tempus, non ad ob- livionem veteris belli, sed ad comparationem novi contulit: qui, posteaquam maximas yediftcafset, ornafsetque clafseis, exercitus- que permagnbs, quibuscumque ex gentibns potuifset comparas- set,et se Bosphoranis, iiriitiiiiis suis, bellum inferre simulafset ; usque, in Hispanicim legates Ecbatanis misit ad eos duces, qui- buscum turn -beiium gerebaiuus : ut, cum duobus in locis dis- jimctiisimis, maximeque diversis, uuo consilio, -a biuis liostium copiis bellum terra marique gereretur, vos ancipiti contentione districti de imperio dimicaretis. Sed tamen alterius partis pe- riculum, ( 9 ) Sertorianae atque Hi^paniensis, qua; multd plus firmamenti ac roboris habebat, Cn. Pompeii divino consilio, ac singulari virtute depulsum est : in altera parte ita res a L. Lu- cullo summo viro est administrata, ut initia ilia gestarum rerum magna atque pntclara, non felicitati ejus, sed virtuti: hsfec au- tem extrema, quae nuper acciderurit, non culpa?, sed fortunse tribuenda efse videantur. Sed de Lucullo dioam alio loco, et ita dicam, Quirites ! ut neque vera laus ei detracta oratione nos- tra, neque falsa afficta efse videatur. De vestri imperii digni- tate, atque gloria, quoniam is est exorsus orationis mece, videte quern vobis animum suspiciendurn putetis. V. Majores vestri sa?pe mercatoribus ac naviculatoribus inju- riosius tractatis, bella gefserunt : vos tot civium Rom. rnillibus (8) Sullam in Italiam, respublica] Murienam Sulla revocavit. 1 ] While Sylla was engaged in the Mithridatic war, the fa&ion of Marius and Cinna pre- vailing at Rome, great disturbances ensued, and many of the most con- siderable men of the commonwealth were killed. This obliged Sylla to conclude a peace hastily with Mithridates, that he might be the sooner at liberty to return to Home to quell these tumults. Murana being left behind as Syria's lieutenant in Asia, to see to the execution of the treaty of peace, and settle the affairs of those provinces, was not over scrupulous .with re- gard to Mithridates ; but, fired with the love of military glory, at, first un- dertook small, and afterwards greater expeditions against him. Where- upon Sylla, thinking it inconsistent with the Roman name, not to stand to the articles of peace, recaPed Murcena out of Asia. • (9) Sertoriarue atque Hispaniensis.'] Seitorius, a partlzan of Marius, upon Sylla's return to Italy, fled with Cinna into Spain ; where having gained many nations in those parts to kis interest, he supported the- Marian cause 4* hitherto your generals have fought in such a manner with thU prince, as to carry off ..the trophies of victory, not victory itself. L. Sylla triumphed ; L. Murena triumphed over Mithridates; both brave men, and accomplished commanders: .but their tri- umphs were such as to leave him, after all his loises and defeats, in full pofseision of royalty. Neverthelefs these generals deserve praise for what they did, and pardon for what they left undone : for the concerns of the commonwealth recalled Sylla:, and Sylla himself recalled Murena from the prosecution of that war. Seqt. IV. But Mithridates employed the interval that follow- ed, not in endeavours to blot out the memory of the ancient quarrel, but in concerting measures to renew the war: and, after building and equipping vast fleets ; levying great armies "in all the countries whence troops could be had ; and causing a report to be spread, that his design was to make war upon the people of Bosphorus, his neighbours; he sent ambassadors from Ecbatana into Spain, to treat with the generals then at war with the republic: that obliging you to make head both by sea and land, against two mighty enemies acting in concert, and in provinces so very remote and distant from each other, you may tind yourselves embarrafsed by the double attack, and be re- duced to the necefsity of fighting for your empire. But one part of this storm, which proceeded from Sertorius and Spain, and was by far the most formidable and threatening, was difsi- pated by the divine conduct and singular valour of Pompey : and in the other scene of action, aftairs were so managed by Lucullus, that great and illustrious commander, that his glorious succefses in the beginning may be justly attributed to his pru- dence, not to his good fortune ; whereas those later disasters, which have since befallen him, seem purely the work of chance, and are not imputable to his misconduct. (TBut of Lucullus. I will speak elsewhere, and speak in such a manner, Romans, as neither to deprive him of any due praise, nor load him with false commendations. At present, as the chief design of my speech is the honour and dignity of your empire, see what ought to be your resentments upon this occasion. Sect. V. Your forefathers often engaged in a war, to revenge the insults offered to their merchants and seamen. How then. with great bravery, and frequently routed the Roman armies. But being proscribed by Sylla, and betrayed by Marcus Aritonius, Marcus rerpenna, and some others who had conspired his destruction, he was slain at an entertainment in the six hundred arid eighty first year of the Citv. 50 M< T-. CICERONIS OlcATIONES* uno nuntio, atque uno tempore necatis, quo tandem anlmo efse tlebetis? levari (mod erant ( ,c ) appellati superbius, Corinthum patres vestri, totius Granite lumen, extinetum efse voluerunt ;: Vos enm regem imikum else patiemini, qui legatum populi Horn, consularem, vinculis ac verberibus, atque omni supplieio excru- ciatum necavit? Uli iibertatem civium Rom. imminutam non tulerunt: vos vitain ereptain negligetis? Jus legationis verbo riolatum illi persecuti sunt: vos legatum populi Rom. omni supplicio intcrfectum, inultum relinquetis ? Videte ne, ut illis pulcherrimum fait taritam vobis imperii gloriam relinquere, sic vobis turpilsimum sit, illud quod accepistis, tueri et conservare non poise. Quid, quod salus sociorum summum in pericujum ac discrimen vocatur! Regno ^xpulsus est Ariobarzanes rex, socius populi Romani atque amicus : imminent duo reges toti Asia-, non solum vobis inimicii'simi, sed etiam vestris sociis atque amicis: civitates autem omnes, cuncta Asia, atque Gracia, ves- trum auxilium expectare, propter periculi magnuudinem cogun- tur : imperatorem a vobis certuni deposcere, cum prasertim vos, alium miseritis, neque audent, neque se id facere sum mo sine periculo pofse arbitrantur : vident, et sentiunt hoc idem, quod et vos, unum virum efse, in quo summa sint omnia, et eum prope efse (quo etiam carent agrius) cujus adveirtu ipso,, atque nomine, tametsi ille ad maritimum bellum venerit, tamen impetus hostium reprefsos efse inteliigunt, ac retardatos. Hi voSj quoniam libere loqui non licet, tacite rogant, ut se quoque,sicut catarum pro- vinciarum socios, dignos existemetis, quorum sal litem tali viro commendetis: atque hoc etiam magisquam cateros, quod e jus- modi in provinciam homines cum imperio misimus, ut, etiam si ab hoste defendant, tamen ipsorum adventus in urbeis sociorum non mult um ab hostili expugnatione difFerant. Hunc audicbant antea, nunc prasentum vident, tanta temperantia, tanta man- suetudine, tanta humanitate, ut ii beatiisuni else videantur, apud quos ille diutifsime commoratur*. VI. Quare si propter socios, nulla ipsi injuria lacllliti, m jores vestri (") cum Antiocho, cum Philippo, cum /Etolis, cimi (10) Appellati superbius.'] Corinth, one of the most considerable cities of Greece, situated on the isthmus of Peloponnesus, was destroyed bv the Romans under the conduct of Mummius, in the six hundred and . seventh . year of the city. The cause of this severe treatment is variously reported by historians. Strabo says, that the inhabitants bespattered the Roman ambassadors with tilth from the tops of their houses. Livy and Ascwius will have it, that they afcaulted them publicly, and violated their character. •Cicero says no moYc than, that they treated them in a haughty insolent manner. "By "this he would insinuate how much greater reason there was to be incensed against Mithridates, who had exercised such unheard-of cruelties upon a Roman ambafsador of consular dignity. (11) Cum Antiocho, ami Philippo, aim Pavus.] AYhen Antioehus king of S\ria had made an alliance with the Xtoliausj and in conjunction with ClCERo's ORATIONS. It -tfttoht you to be fired, when you call to mind, that in conse- quence of a single exprefs, so many thousand Roman citizens were butchered in one day ? Corinth, the pride and ornament of Greece, was by your ancestors doomed to utter destruction, be- cause of the insolent behaviour of the citizens to their ambafsa- dors : and will you suffer the tyrant to escape with impunity, by whom a consular senator of the Roman people was condemned to be bound, scourged, and put to death with the most cruel torments? Your fathers Avould not permit the least infringement of their privileges ; and will you tamely overlook the murder of Roman citizens? These avenged even a verbal insult upon the dignity of their ambafsador ; and shall the blood of a Roman senator, shed in the most cruel manner, cry for no vengeance from you? Beware, citizens, beware, lesfc, as it was glorious for them to transmit so extensive an empire to posterity, your in- ability to preserve and defend it prove not infamous for you. What, to appear unconcerned when the very safety and being- of your allies is at stake! Ario'barzanes, a sovereign prince, the friend and confederate of the Roman people, is expelled his do- minions. Two potent kings, the inveterate foes not only of Rome, but of every state in amity and alliance with her, threat- en all Asia. The provinces of Greece, and beyond the Helle- spont, unable to repel the danger, look to you for aid; but without daring, or thinking it safe to name the particular gene- ral they want, because you have already put another into that commifsiomj They see and know, as you do, that there is one man, in whom all great qualities meet; and are the more im- patient to be without him, as he is so near at hand to undertake their defence : a man, whose very name and approach, though he came only vested with a naval commifsion, they never thelefs perceive to have checked and retarded the enemies' attempts* And because they dare not openly proclaim their desires, they silently implore you to consider them, in Common with the other allied provinces, as worthy of the protection of such a hero. This request is the more reasonable, as we have lately sent them commanders, who indeed defended them 'from the enemy, "but ; whose entrance into their cities differed little from taking , them by storm. As to the general now in their eye, they have formerly heard, but at present find him so full of gentlenefs, moderation, and humanity, that happiest appears the' people among whom he longest resides. Sect. VI. If then your ancestors, unprovoked by any injury themselves, and merely for the sake of their allies, engaged in them/was waging war upon the confederate states of Greece; the Radians* trader whose protection they were, and' who liatf honoured thenvwith th~ 2 52 M. T. CICERONIS ORATIONES. Poenis bella gefserunt; quanto vos studio convenit injuriis pro- vocates^ sociorum salute m una cum umperii vestri dignitate de- fendere, praesertim cum de vestris maximis vectigalibus agatur Nam caeterarum provinciarum vectigalia, Quirites, tanta sunt, lit iis, ad ipsas provincias tutandas, vix contend efse pol'simus : .Asia vero tarn opima est el fertilis, ut et ubertate agrorum, et varietate fructuum, et magnitudine pastionis, et multitudine earum rerum quae exportantur,. facile omnibus terris antecelJat. Itaque haec vobis pro vincia, Quirites, si ad belli utiljtatem, et pacis dignitatem retinere vultis, non modo a calamitate, sed etiam a metu calamitatis est defendenda. Nam ceteris in re- bus cum venit calamitas, turn detrimentum accipitur : at in vec- tigalibis non solum adventus mali, sed etiam met us ipse affert calamifcitem. Nam cum hostium copia3 non longe absunt, eti- amsi irruptio facta nulla sit, tamen pecora relinquuntur, agri- cultura deseritur, mercatorum navigatio conquiescit. Ita ( I2 ) neque ex portu, neque ex decumis, neque ex scriptura vectigal con servari potest ; quare scepe totius anni fructus uno rumoie periculi, atque uno belli terrore amittitur. Quo tandem animo efse existimatis, aut eos qui vectigalia vobis pensitant, aut eos qui exercent atque exigunt, cum duo reges cum maximis copiis prope adsint ? cum una excursio equitatis perbrevi tempore to- tius anni vectigal auferre pofsit? cum publican! familias maxi- mas, quas ( ,3 ) in salinis habent, quas in agris, quas m portubis atque custodiis, magno periculo se habere arbitrentur? Putatis- ne vos illis rebus frui pofse, nisi eos, qui vobis fruct.ui sunt, con- servaveritis, non solum (ut ante dixi) calamitate, sed etiam ca- lamatitatis formidine liberatos ? title of allies, generously undertook their defence, and sent Glabrio, at the head of an army, to support them against their enemies. The Philij) here spoken of, must not be confounded with the father of Alexander the Great. He was, it is true, king of Macedon, but reigned not till long after him, and drew upon himselfthe Roman arms, by attacking the Athenians their allies. The Carthagenians were engaged in three several wars with the Romans. Cicero here alludes doubtlefs to the second, which was under- taken on account of the Saguntines, the allies of the Roman people, whom the Carthaginians had injuriously attacked. (12) Neque ex portu, neque ex decumis, neque ex script urd vectigal consertarf potest.'] There were three kinds of tributes or taxes, from which the Roman state drew very ample revenues. The first was what they called detinue, or d>xumee y corresponding to our word tythes; those were exacted, net only of all the Romans, but of all the Roman allies, either within or with- out 'Italy, who farmed public lands : but it is to be observed, that these were for the most part only laid on corns, wines, oils, and the smaller grains. The second was what they called scriptura, a word which, I be- lieve, cannot be rendered by any one word in our language. We know- well enough, however, what idea the Romans affixed to it, and m what sense thev used it. Thev meant no more by it, than that branch of the revenue which was paid by those who enjoyed the privilege of forests and pasture-grounds belonging to tjie public. This part of the revenue w&$ CICERo's ORATIONS. 53 war with Antiochus, Philip, the ^tolians, and Carthaginians: how much more ought you, irritated by a series of personal af- fronts, to exert yourselves warmly in a quarrel, where the dig- nity of your empire is united with the cause of your confede- rates ; more especially as the fairest revenues of the republic are at stake? For the "revenues of the other provinces are such* as scarcely to defray the expense of protecting them : but Asia is a country so opulent and fertile, ttiat whether we regard the richnels of the soil, the variety of fruits, its abundant pastures, and the multitude of commodities for exportation, it easily claims the preference to all other climates. And therefore, liomans, if you aspire either at succefs in war, or dignity in peace, you must not only defend this province from conquest, but even- from tiie apprehension of being invaded. For in ether aftairs, the lofs is felt -when the disaster happens: but in what regards the revenues of a state, not only real misfortunes, but the very apprehension of them is productive of mischief. For when an enemy approaches, though no irruption be yet made, the cattle are abandoned, agriculture is neglected, and commerce stagnates* Thus all taxes, whether upon shipping, manufactures, or the fruits of the earth, necefsarily cease ; insomuch that the bare rumour of danger, the very apprehension of a war, often sinks the re- venues of a whole year. What then may you suppose to be the situaton, either of those who pay, or those who collect the pub- lic tributes, when they sec themselves threatened with an inva- sion from two formidable monarcbsr when a single incursion of the enemy's cavalry may rifle at once the revenue of an entire year ? when the farmers of the taxes shall perceive, that all the people employed under them, m the forests, in the fields, in sea- ports, and in garrisons, avl exposed to imminent danger ? Do you imagine it potsibie to enjoy the labour of all these, without preserving the labourers themselves, not only from the reality, but, as I said before, from the very dread of danger ? probably called scriptura, from the sum agreed upon with the masters ?:. of the customs lor the said, privilege being entered in a . certain book. The third kind of tax was what ihey called portorium, which, ex- cept in a few minute circumstances, corresponded to our customs laid upon goods imported and exported. (13) In salinis habent.']The word satim's, here used, has occasioned great : disputes among commentators. Indeed we learn from Pliny, lib 31. cap 7. that taxes on the salt-pits of Home were appointed by Aneus Martins. But this tribute, upon the expulsion of the kings, was abolished by a de cree of the senate. A nd though it was afterwards renewed by Marcus Livim, the censor, called thence Salbtator; yet we never read in any period of the Roman history, of its being imposed upon Asia, or any other of the Roman provinces. Besides, Cicero here speaks of three kinds of tributes, but in no part of his works of that arising from salt-pits. I am therefore inclined to think, that we ought to read salictis, as we find it in many editions ; 5 &i M. T. CICERONIS ORATIONES. VII. Ac ne illud cm idem vobis negligendum est, quod mihi egp cxtremnm proposueram, cum eisem de belli genere dicturus, quad ad multorum bona civium Romanorum pertinet : quorum vobis pro vestra sapientia, Quirites, babenda est ratio diligenter. Nam et publicani, homines et honestifsimi et ornatifsimi, suas rationeset copias in illam provinciam contulerunt: quorum ip- sorum per se res et fortunse, cura vobis else debent ; etenim si vectigalia nervos efse reipublicie semper duxnnus ; eum certe ordinem, qui exercet ilia, firmamentuiii ceeterorum ordinuiu. jrecte else dicemus. Deindc ceteris ex ordinibus homines guavi et industrii partim ipsi in Asia negotiantur, quibus vos absentibus (Consulere debetis ;. partim suas, et suorum in ea provincia pe- cunias magnas ( ,4 ) collocatas habent. p>it igitur humauitatis vestra*, magnum eoruin civium numerum calamitate prohibere; sapiential, videre multorum civiuin ealamitatem, a rcpublica se- junctam disc non poise. Kteniin illud primum parvi refer t, vos •publicanis amifsa vectigalia postea victoria recuperare ; neque emm iimein redimendi racultas erit propter ealamitatem, neque fitlm voluntas propter timorem. Deinde quod nos cadem Asia, at que .idem is.te Mithridatcs initio l>elii Asiatici doeuit, id quidem certe cajacnitate docti memoria retiuere debemus. Nam turn, cum in Asia res magnas permulti amiserunt, seimus lioma, lutione iinpedita, tidem concidifse. Non enim pofsunt una in xiyitate multi rem atque fortunas ainittere, ut non plureis seeum in eandcin calaniitatem trahant. A quo periculo prolubete rempuhlicam ; et milii credite> id quod ij^si videtis, luce lides, atque ln.ee ratio peeuniarum, quae Houne, qua- in t'oro versatur, implicita est eum illis ])eeuniis Asiaticis, et coharet ; ruere ilia non pofsunt, ut hac non eodem labctactata motu concidant. Quare videte, limn dubitandum voois sit onmi studio ad id bcl- Itun incuuibeie, in qua gloria uQiuinis vestri, salus >ociorum, \ir.tigalia maxima, forttunc plurimoruni eivium eum rcpublica tlefenduntur. VIII. Qnoniam dc genere belli dixi, nunc de magnitudine paura dicam. Potest enim hoc diei, belli genus efse ita neeel'sarium, Ut sit. gt reuduui : non else ita magnum, ut sit pertime^cendum ; hfvcI that Cicero has here in his eve the pasture-grounds, which abounded "with proves of willows. (II) Collocal,-!* hmbeiiji] Very many citizens had their fortunes lodged in the hands of the trading men, who, in the very nature of the thing, must suffer by the lofVes of these traders. Plutarch informs us, that in Asia I autre a great number of farmers of the public revenues and factors, who miserably harrafsed that province; and that they consisted of all the several orders in Koine, (except the senatorian) especially of the eques- trian, of which there were many who were tithe- fa rniers, luboe 55 Sect. VII. Nor ought you to overlook the last point I pro- posed to mention, in speaking of the nature of the war : I mean what regards the fortunes of many Roman citizens; to which, ray countrymen, your wisdom ought to pay a particular regard. For the farmers of the ravenuo, men of worth and rank in the republic, have conveved all their wealth and effects into that province ; and it is incumbent upon you, to bestow your utmost attention upon the preservation of their fortunes. For if we have ever considered the public tributes as the sinews of the state, sure that order of men who are employed in collecting them, may be justly looked upon as the cement and support of all the other orders. Besides, a number of active and indusr- trious men of other denominations, whose interest you ought to take care of in their absence, are some now trading in Asia, while others have laid out their money to a great extent in that province. Humanity therefore requires you, to protect the for- tunes of such a multitude of citizens ; and prudence dictates., •that the ruin of so many individuals cannot fail to a&cct the public prosperity. For it will avail but little to recover by a, victory , what the officers of the revenue may have lost ; because such as enjoyed the customs before, will be disabled fromre- anewiug the farm, and others will avoid engaging through fear. Besides, instructed by past misfortunes, we ought sure to keep in mind, what the same province, and the same Mithridates, taught us towards the beginning of the Asiatic war. For a (number of citizens sustaining at that time great lofses in Asia, we know that public credit was at a stand at Rome, from having blocked him up oa ail sides, and cut off Ins pro. d t» raise the siege. (16) Sihopen atque Amisum. 1 Sinope is a city upon tUe Euxtne sea, which at first stood out against the Romans; but being reduced to threat extremities, the citizens set lire to their larger Vefseis, and betook them- selves to their gallies, the more conveniently to make their escape Hut Lucullus having at last mastered the city, restored it to its former liberty; because during the siege*, he fancied Antigonus appeared to him in a dream ; who, having formerfy accompanied Hercules in his expedition against the Amazons, chose this' citv for himself. Amisus was a town in the confines of Paphlagonia and Cappadocia, about a hundred and thirty miles distant from Sinope; Lucullus having made himself master of this last, advanced towards the other ; which being abandoned by the inhabitants, was soon taken. He suffered them however to return, "and live according to their own laws, because the city was originally an Athenian colony. ClCEK,0*S ORATIONS. 57 indeed a necefsary and unavoidable war, yet not fo considerable as to give cause of fear. My principal endeavour therefore, on this occasion, must be, that some particulars which deserve your utmost attention, be not slightly overlooked as scarce wor- thy of notice. And here, that every one may be sensible how disposed I am to allow all that praise to Lucullus, which is due to a brave citizen, a wise man, and a great general ; I readily own, that at his arrival,' the numerous forces of Mithridates were provided with every thing necefsary or convenient; that Cvzicum, the noblest city of Asia, and the best affect- ed to Rome, was invested and vigorously prefsed by the king in person, at the head of a forminable army; and that the courage, afsiduity, and admirable conduct of Lucullus- freed it from the imminent danger to which it was exposedf I must add, that a strong and well appointed fleet, fitted out by Serto- rious's lieutenants, who burned with desire to wreak their ven- geance upon Italy, was b}^ the same general defeated and sunk: that in numberleis encounters besides, great bodies of the ene- mies forces were overthrown: that Pontus, heretofore inaccefs- ibie to the Roman people, was exposed to the depredations of our legions : that Sinope and Amisus, two cities of royal resi- dence, adorned and provided with all the means of defence, with many other towns of Pontus and Cappadocia, were taken in one march, and in one approach: that Mithridates himself, despoiled of his hereditary and paternal dominions, was forced to fly a suppliant to other kings and states: and that all these great actions were performed, without lofs to our allies, or di- minution of.our revenues. This, I think, sufficiently speaks his praise ; and I believe you will readily allow, Romans, thafc-none of the opposers of this law and measure, have so fully enlarged upon the merits of Luculius from this place. Sect. IX. But now, perhaps, it will be asked, if these things are so, how can so difficult a war still remain ? Let us examine into this matter a little ; for the question is not without founda- tion. Know then, Romans, that Mithridates fled from this kingdom, just as the famed Medea is said of old tQ have escaped Out of tiie same Pontus : whom report feigns to have scattered the limbs of her murdered brother in those places/through which her father was to pafs, that the care of collecting them, and (17) Medea illa,"\ Medea flying from her father JEetes, whom she had betrayed, by afsisting Jason to come at the golden fleece ; in order to re- tard his pursuit, cut her brother Absyrtus in pieces, and strewed his limbs- in the way; that the fathers grief for the lofs of his son, and his concern to gather up his mangled remains, might employ him so long as to afford her time to escape. E =>S ; M. T. .CICERONIS ORATIC-NES. ut eorum collectio dispersa, mcerorque patrius, celerir, persequencii retarderet; sic Mithridates fugiens rnaxiinam auri atque argenti, puleherrimarumque rerum omnium, quas et a maioribus aceeperat, et ipse hello superiore ex tota Asia direp- tas in suura regnum congefserat, in Ponto omnem rcliquit; have dum uostri colli gun t omnia diligentius, rex ipse e manibus ettu- . git; ita ilium in persequendi studio moeror, hos leetitia retankvh. ^ Hunc in illo- timore et fuga Tigranes rex Armenius excepit ; diffidentemque rebus suis confirmavit, afflietum erexit, perdi- tumque recreavit ; cujus in regnum posteaquam L. Lucullus cum exercitu venit, plures etiam gentis contra imperatorqm nostrum concitataj sunt, Erat enim metus injectus iis nationibus, quas nanouam populus llomanus neque lacefsandas bello, ne-i que tentandas putavit. Erat etiam alia gravis atque vebc: opinio, qua; per animos gentium barbararum pervaserat, fani. locupletiisimi et rcligiosilsimi diripiendi causa, in eas oras nos- trum. exercitum else adductum. Ita nationes multa atijue mag- na; novo quodam torrore ac metu concitabantur. Noster autem cxercitus, etsi ( ,R j urbem ex Tigranis regno ceperat, et pi ususerat secuncli ., tamen nimia longinquitate locorum, ac desi- derio suorum commovebatur. Hie jam plura non dicam. Fuit enim illud extrumum, ut ex iis locis a militibus nostris reditua magis maturus, quain procefsto longior qua*reretur», Mithrkl autem el suam manum jam. contiimarat, et eorum, i regno collegerant, et magnis adventitiis multor tionum copiis juvabatur Hoc jam fere sic fieri soiere rnus, ut regum afflicts fortuns facile inukorum opes aii misericordiam, maxini£que eorum, qui aut rege* taint, vurit in regtio; quod regale iis noraen magnum et sanctum vjdeatur. Itaque tan turn kBcere potuit, quantum i lumis nunquam est ausus optane. < i pi! set Mumi, non fuit eo contentus, quod ei i dcrat, ut cam, j i . * am unqumi gcret: sod itura irestri u darum at i rem. apifal "i Armenia, name: Hie walls <»t" it were liny cubits nigh ; and all th men oi* lh< testily th thither with tneir treasures, and maile it tl Plu- tarch tills us. '..a LucuH unci here tight thousand U much other riches. It 6 thai he defeated the U *hri- (Litcs :in»l TigraneSj onnsisting of two hundred and tin.} I a tic! iiftv thousand horse. After this overthrow, the two k bled eventy thousand foot, and thirtv-tivc thousand i Which was again routed by I.uuilu^. i.-pon which into Armenia, and MithriuiM st of his way t<> l'ontus. (W) In i.\crcitu)ii veslrum cktnmt at lir-a he fell upon \. FlaccuS, whom Lucullus had left to au 60 m; t. ciceronis orationes-. impetum fecit; Sinite hoc loco, Quirites (sicunt poetac sclent^ qui res Romanas scribunt) praeterire me nostram calamitatem: quae tanta fuit,- ut earn ad aures L. Luculli nonex preslio nun- tius, sed ex sermone rumor afterret. Hie in ipso illo malo gra- vifsimaque belli oftensione Lr. Lucullus,. qui tarnen aliqua ex. parte lis incemmodis mederi fortafse potuiiset, vestro juisu co- actus, quod imperii diuturnitati moduirrstatuendum,- veteri ex- emplo putavisfcis, partem militum, qui jam stipendiis confecti erant,. dimisit, partem Glabrioni traditit. Multa pravtereo consultor sed ea vos conjectura perspicite, quantum iilud bel- lum fnturum putetis, quod, eonjungant reges potentifsimi, re- novent agitata^ nationes^sussipiant integras gentes, novus irope- rator vester accipiat,vetere expulso exercitu. X. Satis, mibi multa verba fecifse videor, quarehoc be-llmn efset generc ipso necefsarium, magnitudine penculosum. Resrat ut de imperatore ad id bellum deiigendo, ae tantis rebus prrcli- ciendo, dicendum efse videatur. Utinam, Quirites, virorum fortium atque innoccntium copiam tantam baberetis, ut ha?c \ bis deliberatiodiffioilis efset, quemnam potiisimum tantis rebus ac tanto bello prseficiendum putaretis. Nunc rero cum situnus Cn. Pompeius, qui non modu eoruin hominum, qui nunc sunt, gloriam, sed etiam antiquitatis memoriam virtute superavit j quae res est, qua* cujusquam animum inbac causa dubium faccre pofsit? Ego enim sic existimo, in summo imperatore quatuor has res inefse oportere, scientiam rei militai is, virtutem, auctori tatem, felicitatem. Quis igitur hoc homine- scientior unquam aut fuit, aut efse debuit? Quis e'ludo atque pueritiae disciplina^ belio inaximo, atque acerrimus hostibus {'-') adpatris exercitu atque in militias disciplinam profectus est: qui extrerua puei miles fuit summi imperatoris, lueunte adolescentia f*') max inn ipse cxercitus imperator : qui ssepihs cum hoste contHxit, mi quisqrranu cum inimico concertavit ; plura. bella gefsit, quam •i i leger.unl ; plureis provincias confecit, quam alii concupi- vcrujit: cuius adolescentia ad scientiam rei militaris non alic pra'eeptis, sed suis imperils: non offensionibus belli, sed vic- {QO) Ad jtafris exera'/mn.] Namely Cn. Pompeius Strabo, who vai Cato's colleague in the consulship. He served with great repul proconsul during the Italic war, and was afterwards general of the army sent to act aeaihst China; on which occasion his son Porn pey the Gr then but i years old, served under him, as we learn from I tarch. Mj.u'mi ?'/'j could in so short a time visit so many coasts, and accomplish so many voyages, as the fleet under the command of Pompey has done in the pursuits of war ? Before the season for sailing was come, he touched at Sicil^, visited <*6' M. T. CICEROttIS ORATIONES. quendi quaes! us studio, tarn brevi tempore tot loca adire, tan- toscursus con ti cere potuit, quam celcriter, Cn. Pompeio duce, belli impetus navigavit ; qui, nondum tempestivo ad navicran- dum mari, Sicilian* adiit, Africam exploravit, inde Sardinian! cum elafse venit : atque haec tria frume'ntaria subsidia reipub- iidae firmifsimis prsesidiis claisibusque munivit. Inde se cum in Italiam recepifbet, duabus Hispaniis, et Gallia Cisalpina prae- sidiis ac navibus confirmata, miosis item in oram Illyrici maris et in Achaiam, omnemque Graeciam navibus, Italiae duo maria inaxrmis claisibus, firmiisimisque praesidiis adprnavit; ipse au- tem, ut a Brundusio profectus est, undequinquagesimo tiie totam ad imperium populi Romani Ciliciam adjunxit: omnes <]ui ubique praedones fuerunt, partem capti interfectique sunt, partim unius hujus imperio ac potestati se dediderunt. Idem Cretensibus, cum ad cum usque in Pamphyliam f 26 ) legatos de- precatoresque misifsent, spem deditionis non ademit, obsidesque imperavit. jta tantum bellum, tarn diutumum, tarn longe iateque dispersum, quo bello omnes gentes ac nationes preme- bantur, Cn. Pompeius extrema kieme apparavit, • ineunte ver.e .suscepit, media sestate confeciL Xffl. Est haec divina atque incredibilis virtus Imperatoris. Quid caeterae, quas paulo ante commemorate coeperam, quanta^ atque quam multae sunt? Non enim solum bellandi virtus in summo atque perfecto Imperatore quaerenda est : sed multae sunt artes eximiae, hujus administrae, comitesque virtutis. Ac priinum quanta innocentia debent else Imperatores ! quanta deinde omnibus in rebus temperantia ! quanta fide ! quanta fa- cilitate ,! quauto iug.enio ! quanta humanitate ! Quae breviter, qualia^sint in Cn. Pompeio consideremus ; summa enim omnia •sunit, Quirites ! sed ea magis ex alioium contentione, quam ipsa £>er sese cognosci, atque inteliigi pofsunt. Quern enim poisu- rnus Imperatorem aliquo in numero putare, cujus in exercitu vaencant centuriatus, atque vaenierint? quid nunc homineiu magnum ant amplum de republica cogitare, qui pecuniam ex serario depromptam ad bellum administrandum, aut propter cu- piditatem prorinciae Magi stratibus diviserit ? aut propter avari- tiitm Roma; in qiurstu reliquerit ? Vestra admurniuratio facit, Quirites, ut aguoscere videaniuii, qui hire iecerint. Ego auteni (26) Legates deprccatoresquc.~] The Cretans .dreading, lest if Metellus made himself 'master .of the island, he would put all the inhabitants to the sword, sent ambafsadors to Pompey, with a proffer of surrendering themselves to Him, from whom they expected a milder fate. Pompey, willing to de- prive Metellus of the glory of conquering Crete, sent Octavius, one of his lieutenants, with orders that he should withdraw from the island. Octavius even went >o far, as to aid the Cretans against Metelhs, whom nevertheless he forced to submit, and .punished them Vith great severity. Though tins circumstance in reality reflects no great honour upon Pompey, yet Ciceigi artfully turns it to his praise. vj :re CICERo's ORATIONS. tne coast of Africa, and thence returning to Sardinia ■ his fleet, secured there three granaries of the repuhlic strong squadrons and garrisons. After this, having stre ened the two Spains and Cisalpine Gawl with troops and f and sent detachments to Illyricum, Achaia, and all the stai Greece, lie bent his course towards Italy ; where leaving- pe ver- ful squadrons and garrisons behind him, to maintain the n of the Adriatic and Tuscan seas, he, in forty-nine days after weighing frein Brundusium, added all Cilicia to the Roman empire, and either took, destroyed, or forced to submit to his authority, all the pirates that had so long infested the coa ,s of tiie Mediterranean. The same general, when the Ci sent ambafsadors to him as far as Pamphylia, to implor clemency, did not discourage their hopes of being admitted to a surrender, but ordered them to give hostages. Thus Pon pey in the end of winter prepared for, in the beginning ol spring entered upon, and towards the middle of summer finished this formidable war, which had continued so long, and was become so wide and universal; as to involve in its bosom all states and nations. * Sect. XIII. Such is the divine and incredible valour of this general. But what are we to think of those other numberlefs and astonishing virtues I mentioned before ? For ability in war is not the only qualification we are to look for in a great and consummate general. Many other illustrious talents ought to accompany and march in the train of this virtue. |\.nd first, what spotlefs innocence is required in the character , of a ge- neral ! What temperance in all circumstances of life ! What untainted honour ! What affability ! What penetration ! What a fund of. humanity ! Let us briefly examine how conspicuous all these qualities are in Pompey: for here, Romans, we shall find them in the most exalted degree, But we can never so well know arid comprehend them by considering them, apart, a,s when we judge of them in comparison with others. Is that man to be ranked among the number of great generals, in whose arniv. commilsions are bought and sold? Can he Jiave high and honourable views for the interest of the state, who employs the money furnished out of the treasury, towards the carrying on a war, either in bribing the magistrates to pro- cure him some beneficial province, or in serving the mean purposes of usury at Rome ? Your whispers, Romans, dis- cover, that you know the persons chargeable with this re> proach. For my part, I name nobody ; nor can any one take odence, without previously owning himself guilty..'- But-- which of you is ignorant of the many cruel calamities occa- sioned by this avarice of" generals in all' ■ places where our armies come? Call to mind the marches that have of late 8f. T. CIQERONIS ©UATIONES. inem nomino ; quare irasci mihi nemo potent, nisi qui ante e voluerit confiteri . Itaque propter hanc avaritiam Impera- .m quantas calamities, quocumque ventum sit, nostri exer- 3 ferant, quis ignqrat ? Itinera, quae per hosce armos in Ita- per agros atque oppida civium Romanorum nostri Imperato- ^ceruttt, recordamini : turn facilius statuetisj quid apud ex- s nationes fieri existimetis; utrum plures arbitramini per :e annos militum vestrorum armis hostmm urbeis, an hiber- sociorum civitates .efse deletas ? Neque enim potest exer- m is continere Jmperator, qui seipsum non contmet : neque irus efse in judicando, qui alios in se severos efse judices non Hie miramur, nunc hominem tantum excellere caeteris, is legiones sic in Asiam pervenerunt, ut non modo manus i exercitus, sed ne vestigium quidem cuiquam pacata nocu- dicatur ? Jam vero quemadmodummilites hibernent, quotidie ocrmones ac literso perieruntur ; non modo ut sumptum t'aciat in injlitem, riemiiti vis afTertur ; sed ne cupienti quidem cuiquam jpermittitu'r ; hiemis.enim non avaritiac permgium Majores n tri in socionim atque amicorum tectis else vomer unt. XIV, Age vero, caeteris in rebus quali sit temperantia, con- siderate; unde illam tantam celeritatem, et tarn incredibiieni cursum initum putatis •? non enim ilium eximia vis remi aut ars inaudita quaedam gubernandi, aut venti aiiqui novi tain celeriter in ultimas terras pertulerunt; sed ha,' res, quae cacteroa remorari ^olent, non retardarunt : non avaritia ab in>titnto cursu ad praedam aliquam devocavit, non libido ad voluptai m, dor ameenitasad delectatioiiem, non nobilitas urbis ad coyitationrm, non denique labor ipse ad quietem : postremo ( 1? ) signa el las, caeteraqne ornamenta Gra?corum oppidorunv, quae i tollenda efse arbitrantur, ea sibi ille ne vise nda quidem exk vit. Itaque ©nines quidem nunc in his locis C'n. Fompeium* sicut aliquem non ex hac urbe miisum, sed de ccelo Intuentur : nunc denique incipiunt credere, fuifse homily manos hac quondam abstiiientia ; quod jam nationibus e incredibiie, ac falso memorise proditum videoatur. Nunc im- perii nostri splendor illis gentibus lucet: nunc intelligunt, :t*ine causa Majores snos turn, cum hac temperanl liabebamus., servire popuio Romano, quoin imperare alii* (27) Sig??a et tab'Jas^ It was .usual with the Roman ca •they found any pictures or statues-of value in a conquered <- : and send them to Kome. This humour became at last so prevalent, thai it proved a plentiful source of opprel'sion to the subjects of the common- wealth. For even the governors of provinces, tin..' the same liberty with the cities under their command, ;ii' thing valuable in tilts kind, without sparing them so mu« -oi their gods, years been made by our generals in Italy, through towns and territories belonging to Roman citizens. You will thereby the more easily be enabled to form a judgment of what must have pafsed in foreign countries. I will even venture to affirm, that your enemies have suffered lefs by the arms of your troops,, than your allies by furnishing them winter-quarters. For that general can never restrain hrs soldiers, who is unable to restrain, himself; nor be an impartial judge' with regard to others, Avho declines an impartial trial in his own; case.. Is it any wonder then that Pompey should be allowed so- far to surpafs other ge- nerals, when* his march through Asia was conducted with such, order and discipline, that not only the hands, but the very foot- steps of his numerous army, are said to have been, without the least offence to* the nation* at peace with Rome? And as to the moderation at present observed by his troops in their winter- quarters, every day's letters and talk bear witnefs to it. For so far is any one from being compelled to contribute to the maintenance of his soldiers, that even such as voluntarily offer are not permitted: in. which we may behold the true spirit of our ancestors, who considered, the houses of their friends and allies, not with an eye to the cravings of avarice,, but as placed of refuge against the severity of winter. Sect.- XIV. But let us now consider this temperance in other respects. To what think you are we to attribute the incredi- ble celerity and despatch o£ Ins voyages ? For sure neither the extraordinary strength of the rowers, nor the matchlefs art of the pilots,- nor the indulgent breath of new winds, wafted him. so swiftly to the ends of the eartb. But those indirect aims that are wont to create so many obstacles to others, retarded not him in the prosecution of his design. No avaricious views- diverted him into the- pursuit of plunder, no criminal pafsion seduced him into pleasure,, the charms of a country provoked not his delight, the reputation of a city excited not his curiosity, nor could even labour itself soothe him into a desire of repose. In fine, he laid it down to himself as a law r not so much as to visit those paintings, statues, and other ornaments of the Greek cities, which the generals his predecefsors thought they might carry off at pleasure. Accordingly all the people m those parts consider Pompey, not as a general sent from Rome, but as one descended from heaven: and they now at last begin to believe, that there were formerly among the Romans, men of this heroic moderation; a tradition, which foreign nations have of late regarded as fabulous, and contrived to impose upon poste- rity. But now the lustre of our empire has spread itself over these countries: now they T begin to be sensible, that it was not without reason their ancestors, while we had magistrates of such distinguished moderation^ chose rather to be subject to 10 M< T . CICE^P^IS ORATIONES. I utl vero ita facilcs aditus ad eum privatorem, ita libera quetf. monire de aliornm injuriis else dicuntur: at is qui dignity nrincipiliuS excellit, facilitate par infimis else videatur. Jam Quantum consilk), quantum dicendi gravitate, et copia vakMt, in quo ipso inest qua-darn dig-mtas imperatons, vos } Quintes, hoc ipso in loco same eognostis. Fideni vero ejus inter socios quantum existiman putatis, quam hostes omnium > gentium, slmctiisimam else judicarint? Humamtate jam tanta est, lit dilRcilc dictu sit, litrum hostes magis viftutem ejus pugnantes tmmerint, an mansuetudinem victi dilexennt. Et quisquam dubitabit, qum huic tantum beilum hoe transnnttendum sit, qui ad omnia vest no memorise bella eonficienda, divmo cmodam consilio natus else videatur? XV. Et, quoniamanctoritas multum in bellis quoque aj nistrandis, atque imperio militari valet, certe nemini dubium est, quin ea in re idem ille Imperator plftrinmm poisit ; vehe- mehter autem pertinere ad bella administranda, quid h< quid soCri de Imperatoribus vestris existiment, quis ignorat ? cum sciamtfs, homines in tantis rebus, ut ant eontemnant, aut metuant, aut oderint, aut anient, opinione non minus lama-, quam aliqua certa ratione commoveri. Quod igitur nomen un- quam in orbe terrarum elarius fuit? cujus res gestae pares ? de quo homine vos, id quo maxrme facit auctoritatem, ( M ) ; et tarn praeclara judicia fecistis r An vero u Ham nsquani efw? oram tarn desertam putatis, quo non illius diei fama pervaserit^ cum univer&us popnlus Roiiianus, referto i'oro, repletisque omnibus templis, ex quibus hie locus conspici potest, ummi sibi ad commune omnium gentium beilum Cn. Pompeium [m- peratorem . depoposcit ? Itaque, ut plura non dieum, neque aliorum exemplis conrirmem, quantum hujus auctor in.beilo, ab ecdem Cn. Pompeio omnium rerum egregiarum exempla sumantur: qui, quo die a vobis maritimo bell sij:us est Imperator, tanta repente viiitas annons ex summu inopia et caritate rei frumentaria? consecuta est, unius nis spe et nomine, quantam vix ex summa ubertate agrorum diuturna pax eiiicere potuiiset. Jam vero accepta eaiamitatc ex eo pruelioj de quo vos paulo ante invitus admonui : cum socii pertimmfsent ; hostium opes animique crevifsent; cum satis firrnum presidium provincia non haberet ; amisifsetis ,.(28) Tanta, et tarn pruedara judicia.'] The great expectations the "Roman people had "formed of Porapey, and their disposition to favour and do him honour, appeared in their decreeing him a triumph, while he v.. no more than a knight, in their sending him when quaestor with procOOr sutar authority against Sevtoritis; and in their choosing him consul L he, had borne auy other magistracy. * CICERO'S ORATIONS* 11 the Roman people, than to command over others. Besides, he is so easy of acceis to those in a private station, and so ready to listen to the complaints of tile injured, that though in dignity he gurpafses the greatest princes, * in gen tlenefs he appears on a. level with the lowest of the people. [His prudence in council, his majestic and copious elocution, with that dignity of person which speaks him born to command, have often been expe- rienced by yourselves, Romans, in this very place. AVhat arc we to think of his good faith towards his allies, when his Very enemies of all nations own it to- be without stain I Such too is his humanity, that it is hard to say, whether his foes more- dread his valour in the held, or are charmed with his modera- tion after conquest. And shall it then admit of a doubt, whe- ther the. management of this important war ought to be com- mitted to a man, who seems by divine appointment sent into the world, to put an end to all the wars that harafs the present fate} Sect. XV. And' because authority is of eminent influence, in? the conduct of war, and the administration of military command ; sure no one can be ignorant, that this is a distinguishing part of our general's character. Every man will allow, that nothing is of greater consequence in war, than the opinion which both friends and foes entertain of your generals; since it evidently appears, that in tire greatest affairs, where love, hatred, fear, or contempt, are often of decisive influence, men are no lei? apt to be swayed by the reports of fame, than by principles founded on reason. . Where then was there ever a name upon earth more renowned than his? Who has yet equalled him in great actions? And, to mention what properly constitutes authority, where is the man, of whose merit you have formed so high and advantageous a judgment ? Do you imagine there is in the world a coast so unfrequented, as not to have been reached by the fame of that day,, when the whole people of Rome crowded into the forum, and all the temples whence ir* could be seen, demanded Pompey alone to command inji war, which regarded the common interest of all nations ?FTnerefore, to say no more, nor be obliged to strengthen by examples ta- ken from others^ what 1 have affirmed of the prevalence of ' his authority in war; let me have recourse to the same Pompey, for instances of whatever is illustrious and great. The day he was named to the command of the piratical war, from the greatest dearth and scarcity of provisions ever known, the very credit of his name sunk their, price so much, that they could scarce have been purchased lower in a year of peace and plenty. After the fatal lois sustained in Pohtus, in the battle of which i t little before reminded you with reluctance; while our aii;es trembled; while our enemies grew in spirit 72 M. T. CICERONIS ORATIONES. Asiam, Quirites, nisi ad id ipsum temporis divinitus Cn. Pom- peium ad eas regiones fortuna populi Romarii attulifset. ^ Hujus adventus ct Mithridatem insoiita inflammatum victoria conti- nuit, et Tigranem magnis copiis minitantem Asia? retardiivit. Et quisquain dubitabit quid virtute perfecturus bit, qui tantum auctoritate perfecerit? aut quam facile imperio atque exercitu socios et vectigalia conservaturus sit, qui ipso nomine ac ru- more defenderit? XVI. Age vero, ilia res quantam decla-rei ejusdem horninis apud hosteis populi Romani auctoritatem, quod ex locis tarn longinquis, tamque diversis, tarn brevi tempore omnes htlic uni se dediderunt? quod Cretensium legati, cum in eorum insula noster Imperator, exercitusque efset, ad Cn. Pompeium in ulti- mas prope terras venerunt, eique se omnes Cretensium civi- tates dedere velle dixerunt? Quid? idem ipse Mithridates, nonne ad eundem Cn. Pompeim legatum usque in Hispaniain misit ? eumque Pompeius legatum semper judicavit ? ii quibus semper erat molestum, ad eum potifsimum efse mifsum, specu- latorem quam legatum judicare maluerunt. Potestis igitur jam constituere, Quirites, hanc auctoritatem multis postea rebus gestis, magnisque vestris judiciis amplificatam, quantum apud illos Reges, quantum apud exteras nationes valituram else ex- istimetis. Reliquum est, ut de felicitate, quam pnestare de seipso nemo potest, meminifse, et commemorare de altero pos- sumus; sicut sequum est homini, de potestate deorum timide etpauca dicamus. Ego enim sic existimo; ( z9 ) Maximo, Mar- cello, Scipioni, Mario, et ceteris magnis Imperatoribus, non solum propter virtutem, sed etiam propter fortunam, sapius imperia mandata, atque exercitus efse commifsos. Fuit enim profecto quibusdam summis viris quaedam ad amplitudinem et gloriam, et ad res magnas bene gereudas divinitus adjuncta fortuna. De hujus autem horninis felicitate quo de nunc agimus, hac utar moderatione dice.ndi, non ut in iliius potestate" fortu- nam positam efse dicam, sed ut praeterita meminefsc, reliqua sperare videamur : ne aut invisa diis immortalibus oratio nostra, aut ingrata efse videatur. Itaque non sum praedicaturus, Qui- (29) Maximo, Marcello, Scipioni, Mario. ] Fabius Maximus was dicta- tor, and five times consul. He is the same, who by his wise delavs so ef- fectually disconcerted Hannibal. Marcellus was five times consul," defeat- ed the Gauls, forced the Insubrians to submit to the republic, routed Han- nibal's army at Kola, and took Syracuse by storm. Scipio J/rica his twenty-fourth year, was sent "into Spain with proconsular authority. -By his conquests in Africa he obliged Hannibal to quit Italy, and after- wards defeated him in a pitched battle, which put an end to the second Funic war Marias vanquished Jugurtha, king of Numklia, totally cut to pieces the Teutoaes and Cimbri, and was seven times raised to the con- sulship. 2 Cicero's orations. 73 and strength; while the province was destitute of sufficient protection ; we must doubtlefs, Romans, have been dis- pofsefsed of all Asia, had not the fortiine of Rome, in that pe- rilous conjuncture, providentially brought Pompey into those parts. His arrival stayed the triumph of Mithrfciates, exult- ing in the pride of victory, and put a stop to the march of Tigranes, who threatened to overrun Asia with a formidable army. - And is it a question with any one, what lie will effect by his courage, who effected so much by his authority ? Or with what ease will he protect your allies and revenues with an army, whose very name and reputation secured them from insult ? Sect. XVI. But what clearly shows his high reputation with the enemies of the people of Rome is, that however remote and distant, they neverthelefs all in so short a time submitted to his authority. The Cretan ambafsadors r though they had a Roman army and general in their island, came and sought out Pompey in the extremities of the empire, and made an offer of surrendering all their cities into his hands. Did not Mithridates himself send an ambafsador into Spain to Pompej', who always considered him as one really invested with that cha- racter, — though those who took umbrage at the deputation's being addrefsed chiefly to him, chose rather to regard him as a spy ? From all these circumstances, Romans, you may now form a judgment, how decisive this authority, confirmed by so many great actions since, and rendered conspicuous by your advantageous declarations in its favour, is like to prove with those foreign princes and state*. It remains, that with all the caution and brevity befitting a man, who is to speak of the effects of the divine bounty, I say something of his good fortune ; a blefsing which no man can attach to his own person, yet every man may celebrate and record in another. And indeed I am inclined to believe, that offices of command, and the conduct of armies, were so often bestowed upon Maximus, Marcellus, Scipio, Marius, and other great generals, not only on account of their valour, but from the opinion entertained of their good fortune. For certainly in the case of some eminent heroes, there appears a happy destiny de- rived from Heaven, conducting them to the execution of all thosw wonders, .to which they owe their greatnefs and renown. But with regard to the man whose good fortune I now celebrate, I shall use such moderation of speech ,- as without making him abso- lute master of events, will serve only to show, that we have nei- ther forgot his past, nor despair of his future succefs. Thus shall my discourse savour neither of impiety, nor ingratitude. -I shall not therefore, Romans, expatiate here on his great actions at home and abroad, by sea and land, with the unusual succels that F ,fj M . T . CICERONIS ORATIONES. rites ouunlas ille res domi militiaeque, terra niarique, quanta- que felicitate gtfserit: ut ejus semper voluntatis non moao nves afsensermt, socii obtemperarint, ^hostes obediermt sed etiam venti, tempestatesque obsecundarmt. Hoc brevifsime dicam, neminem unquam tarn impudentem fuifse, qui a dus immortalibus tot et tantas res tacit as auceret optare, quot et nuantas dii immortales ad Cm Pompeium detuierunt. Q»od ut illi pioprium ac perpctuum sit, Quirites, cum communis saiutis atque imperii, turn ipsius hominis causa, sicuti facitis, veile et optare debctis. Quar'e cum et bellum ita necefsarium sit ut neoiioi nonpoisit; ita magnum, ut accuratiisime sit admims- trandmn: et cum ei imperatorem praeficere pofsitis, in quo sit exmria belli scientia, singularis virtus, clanisima auctontas, eeregia fortuna: dubitabitis, Qidrites, quin hoc tantum boni, quod vobis a diis immortalibus oblatum et datum est, in rem- publicam conservandum atque amplificandum conferatis? XVII. Quod si Romse Cm Pompeius privatus else hoc tem- pore, tamen ad tantum bellum is erat deligendus, atque mitten- dus; nunc cum ad cameras snmmas utditates hac quoque op- portunitas adjungatur, ut in lis ipsis locis adsit, ut habeat exer- citum, ut ab iis, qui habent, accipere statim pofsit: quid ex- spectamus? aut our non, ducibus diis immortalibus, eidem cui csetera summa, cum salute reipublicae commifsa sunt, hoc quo- que bellum Regium committimus & At enim vir claiifsimiis, amantifsimus reipubliea?, vestris beneficiis amplifsimus aftectus, Q. Catulus; itemque summis ornamentis honoris, fortune, vir- tuti, ingenii prseditus, Q- Hortensius, ab hac ratione dilsenti unt : quorum ego auctoritatem apud vos multis locis plurimum vain- iise, et valere oportere confiteor : sed in hac causa, tametsi coo-nofcitis auctoritates contrarias fortifsimorum virorum et clarifsimorum ; tamen, omilsis auctoritatibus, ipsa re et ratione exquirere pofsumus veritatem : atque hoc lacilius, quod ea om- nia, quae ad hue a me dicta sunt, iidem isti vera else concedunt, et necefsarium bellum efse, et magnum, et in uno Cn. Pompeio summa efse omnia. Quid igitur ait Hortensius r si uni omnia tribuenda sunt, unum dignifsimum efse Pompeium : ( 3 °) sed ad unum tamen omnia deferri non oportere. Obsoleyit jam ista oratio, re multo magis, quam verbis refutata. Nam tu idem, (3d) Sed ad unnm tamen omnia deferri non oportere, ] If we credit the relation of Plutarch, Manilius's Law imported, that the whole province under the command of Lucullus, together with Bithvnia, which had to Glabrio's lot, should be transferred to PoHipey: That he should have the sole management of the war against Mithri dates and Tigranep : And tiiat the ileet and naval force^he had commanded against the "pirates, with Fhrygia, Lycaonia, Galatia, Cappadocia, Cilicia, the higher Cole!:: menia, and the army under Lucullus, should likewise be added to hi? com* milkiott; IB lias attended them : A succefs so great, that not only did his countrymen always concur with, his allies perform, and his ene- mies submit to whatever he desired ; but even the winds and waves seem to have been obsequious to his will. Suffice it in few words to say, that no man was ever yet so presumptuous, as even silently to conceive a wish, that the immortal gods would crown him with so many and distinguished proofs of their favour, as they have bestowed upon Pompey. That these, O Romans, may ever adhere to, and be inseparable from his person, you ought to pray and wish, as I am confident you do, as well on account of the public prosperity, as out of real regard to the man. \ As, therefore, this war is so necefsary, that it can- not be avoided ; so important, that it must be managed with the utmost addrefs: and as you may now commit it into the hands of a general, who to the most consummate knowledge in the art ot war, joins eminent courage, an illustrious reputation, and unparalleled succefs: will ye hesitate, Romans, to employ^ so favourable an opportunity, presented and put into your hands by the immortal gods, for the preservation and enlarge- ment of your empire? Sect. XVII. Were Pompey at this time at Rome, in the sta- tion of a private citizen, he is yet the only person fit to be chosen for the management of so great a war. But now, when with other urgent advantages, this powerful motive likewise concurs; that he is already upon the spot; that he is at the head of an army, that he can immediately join it to the forces now in those parts ; what wait we for ?^Or why do we not, when the gods so clearly discover their pleasure, intrust like- wise this royal war to the care of the man, who has already terminated so many others with the highest advantage to the state ?^ But Q. Catulus, a man of ah illustrious character, a great lover of his country, and distinguished by the most emi- nent proofs of your regard ; and Q. Hortensius, conspicuous by all the advantages of honour, fortune, virtue, and genius, differ from my opinion. These, I own, are men, whose sen- timents have always had great weight with you, and doubtlefs very deservedly : but on tins occasion, though some of the best and bravest men in Rome be against me, yet setting authority aside, I think we may come at the truth by reason and in- quiry ; the rather, because my very adversaries agree to all I have advanced, that this war is necefsary, and important , and that all the great qualities requisite for conducting it are to be found in Pompey. ^**What then is the argument of Hortensius ? If all important affairs are to pafs through the hands of one man, Pompey is doubtlefs the most deserving: but it were dangerous to trust so much power with one person. This po- sition, refuted rather by facts t^han by reasoning, is now be- r ( ; M. T. CICERONIS ORATIONES. Q. Hortensi, multa pro tua stimma copia ac singulari facultate dicendi, etin senatu ( jl ) contra virum fortem A. Gabinium gra- viter ornateque dixisti, cum is de uno imperatore contra prae- doncs constitnendd legem pramulgafset : et ex hoc ipso loco permulta idem contra legem verba fecisti. Quid? turn, per deos immortaleis, si plus apud populum Romanum auctontas tun, quam ipsius populi Romani salus, et vera causa valuifset, hodie hancgloriam, atque hoc orbis terrae imperium teneremus? an tibi turn imperium. else hoc videbatur, cum populi Romani leoati, pnvtores, quaestoresque capiebantur? cum ex omnibus provinciis commeatu, et privato et publico prohibebamur ? cum ita elausa erant nobis omnia niaria, ut neque privatam rem trans- marinam, neque publicam jam obire pofsemus? XVIII. Quae civitas antea unquam fuit, non dico Athenien- sium, qua? satis late quondam mare tenuifse dicitur : non Cartha- giniensium, qui permultum clafse. maratimisque rebus valuerunt : non Rhodiorum, quorum usque ad nostram memoriam disciplina nayalis, et gloria remansit: qua? civitas antea unquam tarn te- nuis, quse tam parva insula fuit, quae non portus suos et agros, et aliquam partem regionis, atque orae maritimae per se ipsa de-. fenderet? At, herele, aliquot aimos continuos ante legem Gabi- niam ille populus Roman, cujus usque ad nostram memoriam nomen invictum in navalibus pugnis permanserat, magna et multo maxima parte non modo utilitatis, sed dignitatis atque imperii caruit. Nos quorum majores Antiochum regem < Persenque superarunt, omnibusque navalibus pugnis Cartha enses, homines in maritimis rebus exercitatifsimos par; mosque viceruht, ii nullo in loco jam praedonibus pares efse po- teramus. Nos quoque, qui antea non modo Itabam tutam ha- bebamus, sed-omneis socios iu ultimis oris auctoritate noitri imperii salvos praestare poteramus, turn, cum insula Delos tam procui a nobis in iEgeo mari posita, quo omnes undique cum mercibus atque oneribus commeabant, referta divitiis, parva, sine muro nihil timebat: iidem non modo provinciis, atque oris ltaliae maritimis, ac portubus nostris, sed etiam (* : ) Appia jam via (31) Contra virum fortem A. Gabinium.'] When Gabinius the trib the people preferred a law, conferring the management of the war against the pirates on Pompey; L. Trebellius, one of his colleagues, ink: his negative, and afsured the senate he would sooner die than' suffer 1 it to pafs. As he still persisted in this resolution, Gabinius threatened to deluxe him by a vote of the tribes. Trebellius upon this absented himself 'but could not be prevailed on to withdraw his negative, till he understood that en tribes had voted against him, and that the whole people were of e mind. The opposition ceasing, Gabinius's law pafscd and y was invested with the command of the piratical war Cicero here bestows, upon Gabinius the epithet oifortis, because of the c< he manifested m pushing his law, notwithstanding the opposition of the senate and his colleague. - C ICERO^S ORATIONS. f 7 dfonie quite stale. For you,-Q. Hortensius, with that masterly jmd commanding eloquence which is peculiar to tou, spoke ■fblly and forcibly against Aulas Qabrrius, a brave tribune ; both in the senate, when his law for putting the war against the pi- rates into the hands of -one general was brought before that as- sembly; and from this place^ when it was proposed to the con- sideration of the people. But tell me, in the name of all the gods ! • if your authority had availed more with the Roman-pec^ pie, than the consideration of their own safety and true interest, should we at this dajr hare been in pofsefsion of so much glory, •or really enjoyed die sorereignty of the universe .? For could "we tlien be deemed to pofsets this sovereignty, -when the ;un- baisadors, pranors, and qua-stors of the Roman people, trerc .liable to an ignominous captivity ? When we were deprived of all communication, either public or private, with our pro- vinces? When navigation was so totally at a stand, that we could transact no businefs beyoud sea, whether it regarded the interest of the whole state, or the properties of particular persons? Sect. XVIIL For was there ever a state, I speak not of the Athenians, who are faid to have been once very powerful at *ea ; nor of the Carthaginians, renowned for their fleets and naval strength; nor of the Rhodians, the glory of whose maritime expeditions has reached even our days: but was there, I say, ever a .state so inconsiderable, an island so small, that could not of herfelf defend her own ports and territory, with some part at least of the maritime coast and region'? And yet, for a continued train of years before the "Gabinian law, the very peo- ple of Rome, whose reputation in sca-arVairs has remained even to our days without stain, were not only divested of far the greatest part of their trathek, but even wounded in their dig- nitv and naval dominion. Wc, whose ancestors vanquish- ed king Antioclms ,and Perseus at sea, and came off victori- ous in all naval engagements with the Carthaginians, 4 na- tion thoroughly expert and practised in maritime affairs: we, I say, were then no where a match for a band of pirates. We too, who heretofore not only guarded Italy from insults, but bv the very reputation of our strength secured the quiet of our allies in all parts, however remote; insomuch that the island of Delos, distant from Rome so far as the jEgean sea, the mai> of all nations, abounding in wealth, small in circumference, un- protected by walls, had yet nothing to fear : oven we, the>e very Romans, were then not only excluded from our provinces, the maritime parts of Italy, and our harbours on the sea-coast (3C) Appia via.] The Appian way was so called from Appius Claudiug Hie censor, by whom it was made. It' reached at lira from Home to Capua, ■78 M. T. CICERONlS ORATIONF5. carebarnus: et his tcmporibus non pudebat magistratus populi Romaru, in hunc ipsum locum ascendere, cmn cum vobis majores vestri exuviis nauticis, ct elal'stum spoliis oinatum rcli- quit'sent. XIX. Bono te animo turn, Q. Hortensi, populu* Romanus, ct caeteros, qui erant in eadem sententia, diceie cxistimavit ea, qua? scnticbatis: sed tanien in salute coinmuni ldcui populus Romanus dolori suo maluit, quain auetorilari vcstroc obtempe- rare. Itacjue una lex, unus vir, unus annus, non modo nos ilia miseria, ac turpitudine liberavit; sed etiam eilec it ut ali- quando verc vidercmus omnibus gentibus ac nation ibu.s terra marique iuiperare. Quo mihi ctiam indignius vidctur obtrec- tatuin efse adhuc, Gabinio dicam, an-ne Pompeio, an unique (id quod est verius) ue legaretur A. Gabinuis Cn. Pompeio ex- petenti ac postulanti? Utrum ille qui postulat legatum ad tan- tum bellum, quern velit, idoncus non est cjui unpetret, cum cactcri ad expilandos socjos, diripicndasque provincial, quo* voluerunt legatos eduxerint ? an ipse, cujus lege salus ac dig- nitas populo Romano atque omnibus gentibus constituta est, expers else debet gloriau ejus Imperatoris, atque ejus excrcitus, qui consiho ipsius atque periculo est constitutus? an Cn. Falci- ctias, Q.. Metellus, Q Ccclius Latiniensis, On. Lentulus, quos omneis honoris causa nomino, cum Tribuni-pleb. t'uilsent, anno proximo legati else potuerunt? in hoc uno Gabinio sunt tarn diligcntes, qui in hoc bello, quod lege Gabinia gentur, in hoc Impcratore, atque exercitu, quern per vos ipse constituit, ctiam praccipuo jure else, deberet ? dc quo legancio spCro Consoles ad Seriatum relaturos: qui si dubitabunt, aut gravabuntur, ego me profiteor relarurum ; neque me impediet eujusquam, Quirites, inimieum ©dictum, quo minus, rretus veins, vestrum jus bene- nciumquc defendant: neque prater interccfsioncm, quidquam audiam: de qua (ut arbitror) isti ipsi (jui niinantur, etiam atque etiam qui id liceat considerabunt. Me a. quidcm scntentia, Quirites, unus A. Gabinius belli maritimi rernmquc gestarum a net or, comes Cn. Pompeio adscribitur, propter ea quod alter uni id bellum suscipiendum vestris surlragiis detulit : alter dcla- turn, susceptumque confecit. beginning at the Porta Capena, as we learn from Frontinus \ an^ was after- wards carried on as far as Brundusiuni. Cicero says here, thai the Roman people were deprived of it, because that part of it which was next '■. t li a sa> inftsUd b\ the pirates. CfCERo's ORATIONS. • but durst not so much as apjicar on the Appian way. And vet M that Very time, the magistrates of the Roman people were not ashamed to mount this tribunal, adorned by their ancestors with naval spoils, aiuUthe beaks of ships taken from the enemy. Sect XIX. The people of Rome wore sensible, Q. Ilorten- sius, that when you, and such as were in your way of thinking, delivered your sentiments upon the law then proposed, you did it with an honest intention. And yet, in an aflair that regarded the common safety, Ihev were more swayed by a sense of their own sufferings, than a respect for your authority. Therefore one law, one man, one vear, not only delivered us from that state of wretchednefs and infamy, but effectually proved to all nations and people, that we were at length become the real lords of the earth and sea. On this account I cannot forbear cxprofsing a greater indignation at the affront offered to Ga- binius, shall I say, or' Pompey, or, as was really the case, to both, in refusing to let Pompey have Gabinius for his lieutenant- general, though he earnestly sought and desired it r Ought the general who demanded an agreeable lieutenant to sifsist him in so great a war, to have been refused ; when other commanders, who marched out to plunder the provinces, and pillage our allies, carried with them what lieutenant-generals they pleased? Or ought the mail who proposed a law tending to secure the ho- nour and safety of Rome and all nations, to have been excluded from sharing the glory of that general and army, whose destina- tion was the fruit of his counsels, and effected at his personal peril } Could C. Falcidius, Q. Metellus, Q. Ccelius Latiwensis, I'n. Lentulus, all of whom I mention with respect, be one year tribunes of the people, and the next appointed lieutenant- generals . and shall such a vigorous opposition be formed against ■Gabinius alone, who in a war carried on in consequence of his Taw, and by an army and general of his appointment, ought, doubtlefs, to have the preference to all others? But I hope the consuls will bring the affair before the senate: or if they shall decline it, or raise any difficulties, I here declare, that I myself will undertake the businefs; nor shall the contradictory decrees of any man, Romans deter me, under your protection, from as- serting your just ri»ltfs and privileges; nor shall I regard any thing but the interposition of the tribunes, which I hope will not, without repeated consideration, be exerted upon this oc- casion, even by those who threaten us with it. And truly in my opinion, Romans, Aulus Gabinius, the author of the mari- time war, and all that w:fs then done, is the only person proper to act as an afsistant to Pompey ; because the one, by your suf- frages, devolved that war upon the other; and he on whom it was devolved, undertook and brought it to a period. F 4 80 M. T. CICERONIS ORATION1S. XX- Itehquum est, ut de Q. Catuli auctoritate et sententia /dicendam else videatur : qui cum ex vobis qurcreret, si in uno lGn. Pbmpeio omnia poneretis, si quid dc eo factum efset, in quo spem efeetis habituri : cepit magnum suae virtutis fructum, ac dignitatis, cum amoes prope una voce in eo ipso vos spem frabituros efse, dixu>tis. Etenim talis est vir, ut nulla res tanta sit, ac tarn dinicilis, quaoi die non et consiiio rcgere, et integri- tate tueri, et viitute cooiicere pofsit ; sed in hoc ipso ab eo ve- hement itsitue difsentio, quod, quo nun us certa est hominum ac minus diuturna vita, hoc magis respub. dum per deos immor- taieis licet, frui debet sunuui hominis vita atque viitute. At enim nihil novi pat contra exempla atque instituta Majqrum. Nou dioo hoc loco, Majores nostros semper in pace consuetudini, jn heilo uiditati paruiise, semper ad novos casus tcuiporum, no- vorum consiliorum rationes accommodate : non dicamduo belia maxima, ('*) Punicum, et Hispeniense, ab uno Imperatore else confeeta : duns urbes potent itsimas, quce huic imperio maxiine minabantur , Carthaginem atque Numantiam, ab eotlem Scipione efse deletas : non commemorabo, nuper iui vobis, patribusquc vestris ef*e visum, ut in uno C Mario spes imperii poneretur : ffe] ut idem cum Jugurtha, idem cum Cimbris, idem cum Theu- tonis beiiuin administrarei ; in ipso Cn. Pompeio, in quo novi constitu; nihil vult Q. Citulus, quam multa sint nova sunima Q. tatuli voluntate eonstituta, recordanuni. XXI. Quid enim tarn novum, quam adolesce nudum privatum, exerchum difficili reipublica? tempore coniicere ? cpnfecit : huic prrcefse ? prapfuit: rem optime ductu suo gerere ? gelsit. Quid tarn prteter consuetudineni, quam homini peratlolescenti, cujus a Senatorio gradu a*as longe abefset, imperium atque exercituin (33) Punicum, et Hispanicnse, ab uno Ivipcratarg efie cctif?cta.~\ This n\3V* he applied either to the elder or the younger Scipio. The lirst, after having completed the reduction of Spain," pafced over iuto Africa, where having vanquished Hannibal, he put aji end to the second Punic war. The latter, known most commonly by the name of Scipio .Vmilianus, w hen he v as filing tor the ardilcship, and had not .yet reached the consular ace by ten a ears, was nevertheless elected consul, contrary to the usual forms, and sent into Africa, where he took and demolished Carthage. Afterward*, the Roman armies having been several times shamefully defeated before Numantin, insomuch that there appeared little hopes of redoing the plao ; the people cast tbi ir eve* upon Scipio, as the only general capable o( re- pairing the ) Pro cottsulibus ruittereJ] The two consuls at that time were Lepidus and Catulus, men of considerable reputation both in politics and war. It could not therefore but recTownd much to the honour of Pompey, that in the opinion of so wise and able a senator as L. Philippus, lie was to be en- trusted preferably to two such consuls, with the conduct of a dangerous and difficult war. (36) Quid tarn incredibile quam ut itcrwn eques Romanus ex senafus-con- Sftko triuvipharet .?] Pompey, as we learn from this oration of Cicero, was honoured with two triumphs, while he was no more than a Roman knight. In speaking of the first, he-makes ho mention of the senate; and only says of (Tie people, that they exprefsetl their joy by acclamations, and an uni- versal concourse. For Sylla, as dictator, taking upon himself the manage- ment of all affairs both public and private, gnuited Pomjpey, whom he had «ent with 3 command into Sicily, the honour of a triumph, without consult- ing the senate, or receiving any addrefs from the people. The second triumph i^ said to have been in consequence of a decree of the senate, the people no way interposing in the affair. The reason of this is, that Svlla naving abolished the trihunitial pow< r, the administration ol'ihe common- wealth was wholly in i!y the Viliian law, no man could be consu), till lie had arrived at the forty-second year of his age: and the Cornelian laws excluded from this office all who had not been qiuestors and praetors. Now Pompey, though in his thirU- fit'ih year, had enjoyed neither of these dignities, This explains what the orator says, that he was permitted to sue- (or the consulship, before he was qualified for holding any other magistracy. For tjiere was a law subsist- £4 M. T. CICZRONIS ©RATiONES. «©ntra omneis qui difsentiunt,pofeit defendere : propterca quod istis rcclamantibus, vos unum ilium ex omnibus delcgistis, queio Irello pnedonum pneponeritis. Hoc si vos temere fecistis, et reipubiicjE param consuluistis ; recte isti studia vestra suis con- siliis regere conantur ; sin autem vos plus turn in republica. vi- distis, vos, his repugnantibus, per vosmetipsos dignitatem huic imperio, salutcm orbi terrarum attulistis: aliquando isti princi- pes, et sibi, et ceteris, populi Honiani univet*si auctoritati pa- readam efse fateantur. Atqnc in hoc bello Asiatico, et Rcgio, *ion solum militaris ilia virtus, quae est in Cn. Pompeio singula- rs, sed alia? quoque virtutes animi multa? et magna? requurun- tur. Difficile est in Asia, Cilicia, Syria, regnisque interior urn iiationum ita versari vestrum Imperatorem, ut nihil aliud quam de hqste ac de laude cogitet : demde etiam si qui sunt pudore .ac tctrtperantiik moderations, tamen eos else taleis propter niul- titudinein enpidorum hominum nemo arbitrator. Difficile est •dicta, Quirites, quanto in odio simus apud exteras nationes propter eorum quos ad eas per hos annos cum imperio minimus, mjurias ac libicunes. Quod cnim t'anum putatis in illis torrid nostris Magistratibus religiosum, quam civitatem sanctam, quam domum satis clausam ac munitam fuifse ? Url>es jam locupletes «tc copiosac requiruntur, quibus causa belli propter diripiciuli cupiditatcm ini'eratur. Libenter haec coram cum Q, Catulo et Hortensio dtsputarem, summis et clariisiuiis viris; noverunt cnini sociorum vulnera, vident eorum calamitates, querimonias audiunt. Pro sociis vos contra hostes exercitum mittere putatis, an hostium simulatione contra socios .atque anricos ? Qmv cifitas est in Asia, qua non modo unius Imperatoris, aul Leijati, sed unius Txibuni militum animus ac spiritus capere poisit? XXIII. Quare, etiam*i quern habetis, qui, collatis signis, ex- «icitus Regios superare poke videatur; tamen nisi erit idem, qui se a pecuniis sociorum, qui ab eorum conjugibus ac liberis, qui ab auro gazaque regia mantis, oculos, animuiu cohiberc po§- sit, non erit idoneus qui ad helium Asiaticum Regiumque mitta- Xur. Ecquam putatis civh.itcm pacatam ftii&e, qua* locuples sit? ecquam else locupletem, qua* istis pacata else videatui : Ora maritima, Quirites, Cn. Pompeium non solum propter rei niMitaris gloriam, sed etiam propter auimi coutincntiain requi- f •)ee their distresses, and hear their conv plaints. Is it against the enemies of Koine, and in defence of your allies, that you send an army ; or are you minded, under this pretence to attack your friends and confederates? Where is the state in all Asia, that can set bounds to the ambition and avarice, I will not say of a general, or his lieutenant, but of a single tribune of the army* Sect. XXIII. Supposing therefore you should have a genera!,, " who may appear capable of defeating the forces of these two powerf&l kings in a pitched battle: vet unlets he is also one, that can refrain his hands, eyes, and thoughts, from the riches of our allies, from their wives and children, from the orna- ments of their cities and temples, and from the gold and trea- sures of their palaces, he is by no means tit to command in an Asiatic and a regal war. Is any state suffered to enjoy tranquillity, that is known to be rich? Or was ever anv state rich, which your generals permitted to remain in tranquilliu ? Ike sea^coast, O Romans! cleinauded Pompey, not only on %6 *• T « CICERONI* ORATIOXES. t*vit; videbat cnini populus Romanu* Don locuplotari quctamiis peeuma publiea, pnetflr paucos: nequo cos quidquam aliud tfsequi ckisium nomine, nisi ut detriment* ace ipiendis maiore afho turpitudine vuieremur. Nunc qua copiditate homines in pcovincias, quibus jactuns, quibus conditionibus -proriciscantur, ignorant videlicet isti qui ad ununi dcfereiula else omnia noil «rbitrautur, quasi vero Cn. Pompeium non cum suis virttitibu.s turn etiam aiienis vitiis magnum efse rideamus. Quarc nolite dubitare quin buic uni eredatis omnia, qui inter smnos tot uufs inveutus sit, queui socii in urbeis suas cum exercitu veniise "aff- deant. Quod si auctoritatibus hanc causam, Quirites, confir- mandain putatis, est vobi> auctor, vir, [*) bellorum omnium •waxunarumque ivrum pentiisimus P. Servilms: cuius tanta? res gestae terra-manque exstiterunt, ut, cum de bello delibereti*. auctor vobisgravior efse nemo debcat: cst(\ Curio summis res- tris bensticiis, maximifque rebus ^estis, summo ingenio et pruden- tiapraDditus: cstt'n. l-entuliis.inquooiiines, proampliisunis res- ins hononbus, summum consilium, summam gravitatem i qognoscitis: est C. Ca&itlS integritate, virtutc, constantia siniru- Van. Quare vtdete, ut horum auctoritatibus, illorum orationi qui dnsentiunt, re*pondcre noise videamur. XXIV. Qyxcmiiita sim, C. Manili, primum ('*) istam tuam et legem, et volunfatem, et seinentiam Undo, vebcmentifcinie- que comprobo: demde te hortor ut auctore populo Romano uianeas in sentemia, neve cujusqunm vim, aut minas pertimes- cas. Primum in te satis else animi, constantia que arbitror- demde cum tantain multitudinem cum tanto >tudio addse vide- amus, quantam non itei mn in eodem bomine praticiendo vi- dimus ; quid est, quod aut de re, aut de perficietidi facilitate dubitemus? i^o aut em, quidquid in me est studii, consilii laboris, in genu, quidquid hoc benertcio populi Komani, at- que hac potestatc proton*, quidquid aectoritate, fide, con- stant pofsum, id omne ad liane rem conncicrxlam tibi et populo Romano poliiVeor et detbro ; testorqoe onmes deot et eos maximc qui buic loco temploque president, qui om- (.77) Bsllorum omnium maxinanimque rcrum pcritijsimui P Serrihus "1 This Puhhus Scrvilius was sent to the piratic war after Antony, and van- quished the enemy with great daughter. But not content with driving them from the seas, he made himself muster of* Phaselis and Olympus two ven strong cities, the chief repositories of their plunder. He like* ise'sub- ducd the Isaun in Cihcia, and thence obtained the surname of laauricus (38) Istam team legem, &c] This law was very displeasing to the a\ ow- ed patriots of those times; not only bccav.se they thought it an infringe- * ment ot public liberty, that one man should engrofs all the military co?n- duIs:ous 01 importance; but because of the sHgUt that was thereby put upon Lucullus; whose great actions, and tuve to bii cou it -.-, inerittd a ver\ ditlci cut return. CICERO's ORATIONS. 87 Lccouni of his military glory, but likewise for his known pro- bity aiul moderation x>f mind. The Roman people observed, hat the public money from year to year enriched only a lew; ind that all the advantage we gained by the empty name of a (feet was, an increase of infamy from repeated lolses. Are thole who oppose the conferring such an extensive command upon uije person, ignorant with what avaricious views, through what a profusion of bribery, and on what infamous conditions our toagistrates now repair to their provinces r Insomuch that Pom- fcy appears no leis great by the contrast ot their vices, than by the lustre of his own proper virtues. Therefore hesitate no longer to commit all to the care of a man, who alone of late years has so far gained the confidence of your allies, that they rejoice to see liim enter their cities at the head of an army. But if you think it likewise needful, Romans, that in a point so material your choice sliould be hacked by authorities ; I can name 1\ Servilius, a man eminently skilled in war, and great affairs : one whose exploits by sea and land have acquired him so much reputation, that in all military deliberations, no mans opinion ought to chalenge greater regard. I can name C. Curio, so distinguished by your signal favours and his own great ac- tions, so illustrious for his matchlefs abilities and prudence. I can name Cr. Lentulus, in whom you have always found capacity and talents, equal to the great honours you have con- ferred upon him. In fine, I can name C. Cafsius, who for in- tegrity, probity, and firmnefs, acknowledge no supcror. Thus you see how easily, by the authority of so many great men, we can put to silence those who oppose this law. Sect. XXIV. For all these reasons, C. Mamlius, I here in the first place declare my entire approbation of your law, your purpose, and your opinion: in the next place I exhort you, with the afsistance of the Roman people, to continue unshaken in this purpose, and to suffer no threats nor violence to daunt you. In fact, I have no reason to doubt of your courage and firmnefs: and as we are supported with a greater zeal and una- nimity, than was ever known in the like case before; what ground have we, either to distrust the measure itself, or our Miccefs in the prosecution of it? For my own part, whatever talents 1 enjoy from nature, or have acquired by application and study; whatever influence I derive from the favours of the Roman people, and the praetorian dignity wherewith they have invested me ; whatever I can erlect'by my authority, fidelity, and perseverance ; I here promise and make it all over to you and my fellow-citizens, for the carrying of this point. I attest all the gods, particularly those who preside over this place and temple, and who see into the real designs of all concerned m the administration of public affairs, that 1 have not undertaken I M M. T. CICERONIS ORATIONES omnium menteis eorum, qui ad rempubl. adeunt, maxime per- spiciunt, me hoc neque rogatu facere cujusquam, neque (juo Cn. Pompeii gratiam mihi per banc causam consdiari putem, neque quo mini ex cujusquam amputudine, aut praesidia peri- cubs, aut adjumenta honoribus quaeram : propterea qnod pcri- cula facile, ut hominem pracstare oportet, innocentia tecti pel- lemus: honores autem, neque ab uno, neque ex hoc loco, sed eadem nostra ilia laboriosifsima ratione vita?, si vestra voluntas fcrct, consequemur. Quamobrem quidquid in hac causa mihi susceptum est, Qnirites, id omne me reipublicre causa susce- pifse coniirmo: tantumque abest ut aliquam bonam gratiam mihi quavsifse videar, ut multas etiam simultates partim obscuras, apertas, intelligam mihi non necefsarias, vobis non inutilcs sus- cepifse. Sed ego me hoc honore praeditum* tantis vestris benericiis artectum, statui,Quiritcs, vestram voluntatem, et rei publican dig- nitatem, et salutcm provinciarum atque sociorum, meis omnibus commodis et rationious pracferre oportere. CICERO'S ORATIONS. 89 this part at the solicitations of any person whatever, nor with the view of ingratiating myself with Pompey, nor to procure from any one's greatnets, a shelter a«ainst dangers, or an in- crease of honours : for as to dangers, I shall always easily repel them by my innocence, as it becomes every virtuous man to do : and in the pursuit of honours, I shall neither trust to one man's favour, nor solicit them from this place; but endeavour to merit them by the same laborious course of life, which I hare hitherto followed with your approbation. Whatever therefore I have done in this cause, Romans, I here affirm was done with a view to the good of my country : and so far have I been from pursuing any private interest, that I am sensible I have drawn much. hatred upon myself, partly secret, partly open, which I might have avoided, and by which you may profit. But clothed with tliis honourable office, and indebted as I am to your fa- vours, I consider it as my indispensable duty, to prefer your determinations, the dignity * of the commonwealth, and the safety of our provinces and allies, to all partial and particular views of advantage. .he .iC- erice O RATIO III. 2=E PRO C. RABIRIO*. I. l^TST, Quiritcs, non est rrieiE con suet ud in h?, initio diceiitfi X_J rationcui reddere, qua de c;m. ; a quemque ucfeinlafu, pmpterea quod ciinrommbus embus in eoruni periculis serupei.* slltis JastcAii ninii cau&iin necefsitudinis else duxi : tanjen in hac delensioue capitis, faimR, t'ortunaruni omnium O. Rabirii, pro- ponenda ratio ridetnr efsc otHcii mei: propterea quod, iiii&f justifsimn milii causa ad liunc defcnHenckim else visa est, cadem robi's ad afosolvendum debet videri. Nam me cum amicitia; vetnsias, -tuin di^nitas hominis, turn ratio humamtatis, tiitn inav- ritfce perpetua consuetude; ad (_. Kabirium defend end urn est adhort; ita: tmn Vero ut id studtosilkime facercm, safus reip consul are otTieiuui, consulatus denkjue ipse, mihi una vobhscuiu Qtim Siiltttc reipub. couuiiendatus, eo£git. Non enim C. Rabi- rium culpa de'icti, non invidia, vita-quc turpitudo, non deniqjk; Tfetercs, jutta', gravesque ininiieitue civium in doscrimen capitis vocavevunt : sed ut (•') illud sninnitun auxilium Majestatis, ..t que imperii, quod nobis a MajorLbus Ci»t trad it um, de repub. toileretur ; ut nihil posthac auctoi itas senates, nihil con-aihue iiij - perinm,jiilii] eonsensio bonqruin contra pestcm ac perrriciein ci- • Titus Attitis Labienus, tribute of the people, impeached C. Rabin us of treason ; for. [wring' thirty-six years before slain Apnleius Saturnams, who had raised a seciiiiou iu the cit v, V.nd was declared b) the senate uu enemy to the Romau state, llorfci.sliis and Cicero, at that lime consul, undertook his defi nee. The cause had been already tried before t!Te De- cemviri, \vh< re RabrrlBS being coudemned, appealed* to the people in their comitia by centuries. It was on this occasion that Cicero made the fol- lowing speech,- great part of which is los't But the affair never came to an •fsue. r'or the senate dreading the spirit of the people on this occasion, Letellus Celcr contrived to uifsolvC the afsembly, by taking away tic •iiitary Pn*»£*1 from the .lanicuium: and Lauienus not thinking lit to i\- yr the prosecution, Habirius eseejNXi. 1) filud htmtnkm auxilium.^ Cicero means here that famous decree of efrabs by whieli, in times of public danger, the consuls were enjoined ike care that the comiiioilVeaith received no detriment. For Saturn:- ORATION III. FOR C. RABIRIUS. -Sect. I. A LTIIOUGH it is not usual with me, Romans, in JLJL the beginning of my pleading, to give an account of the reasons that induced me to undertake the defence of .my client, because I have always considered my connections with my fellow-citizens, as a sufficient plea for interesting my- self in their affairs: yet as the cause I am now engaged in regards the lite, the reputation, and the whole fortunes of C. Rabirius, I think it incumbent upon me to lay before you the motives of my present conduct; because the same reasons that so powerfully induced me to undertake his defence, should no lefs forcibly urge you to acquit him. For as ancient friendship, the merit of the man, common humanity, and my constant practice through life, jointly called upon me to defend Rabirius; so the safety of the state, my duty as consul,* in fine, the consulship itself, which together with the public traucmillity has been entrusted to my care in conjunction with you, compelled me to engage zealously in his cause. For it is not any criminal imputation, any jealousy of his conduct, or blemish in his morals ; nor, in short, any old, just and weighty resentment of his fellow-citizens, that have brought Rabirius into the present danger; but the design of abolishing out of the commonwealth that sovereign preservative of our majesty and empire, which has been handed down to us from age to age by our ancestors, that the authority of the senate, the power of the consuls, and the concurrence of the ho- nest, might henceforth be of no effect against what threatened the utter ruin and subversion of the state. Accordingly, it is inus having raised a sedition in the city, and the senate pafsed the above decree, the consuls ordered the people to arm, and Rabirius, among the rest joined them. Should he therefore have been condemned on this ac- count, no one would afterwards hate dared to take up arms inconsequence 'of tjiat decree, v;hich Cicero here calls the great bulwark of the State. G 2 $2 M. T. CICERONIS OKATTONES. Vitatis valcret: idcirco in his rebus evertendis ( r ) unius hominis senectusj infirmitas, solitudoque tentata est. Quamobrem, si est hon'i consul's, cum euncta auxilia reipub. labefactari, conyelli- gue. videat, ferre openi patriae, succurrere salu-ti fortunisque conimuniBiTsJ implorare eivium iidem, suam salutem posteriorem salute communi, ducere ; est etiam boiiorum et fortium eivium, quales vos omnibus reip. temporibus extitistis, intercludere om- nes seditionum vias, munire praesidia reipubL summum in con- 'sulibus lmpefluiH, summum in senatu consilium, putare; ea qui secutus sit, iaude potius et iionore quiim ppeoa et supplicio dig- nurh judicare'. Quamobrem labor in hoc defendendo praecipue mens est: studium vero eonservandi hominis, commune mihi vobiseum else debebit. IL Sic Cnim existimare debctis, Quirites, post hominum me- moriam rem rrullam majorem, magis periculosam, magis ab oit> nibus vobis providendam, neque a tribunu pleb. susceptam, ne- .que a consule defensam, neque ad populum Kom. else delatam. Agitur enim nihil aliud in hac causa, Quirites, quam ut nullum sit posthac in repub. publicum consilium, nulla bonorum con- seniio contra improborum furorem et audaciam ; nullum extre- mis reip. temporibus perfugium et presidium salutis. Quae cum ita sint, primum, quod in tanta dimicatione capitis, fama?, fortunarumque omnium fieri neeei'se est, (3) ab Jove Optimo Max. ca^terisque diis deabusque immortalibus, quorum ope ct auxilio muito magis hxc reip. quam ratione hominumetcorisilio guberaatur, pacem ac veniam peto : precorque ab iis, ut he- diernu-m diem et ad hujus salutem conservandam, et ad rem- publ. eonstituendam, illuxifsc patiuntur. Deinde vos, Quirites, quorum* potestas proximo ad deoium immortalium numen ac* cedit, or<> arque obsecro, quoniam uno tempore vita Q. Ka- birii, hominis miserrimi atque innoccntiisimi, salus reip. vestris manibns suilragiisque permittitur, adbibeatis, in hominis for- tums misericordiam, in reip. salute sapientiam, quam soletis. ('2) Unfits homuiissenectus, infirmitas, so1itudo.~\ Rabirius must certainly have been very old at this time: for the death of Saturninus happened thirty-six years* before, and he was then a senator, to which honour no one cqiild be admitted before the age of thirty. We are not therefore to ima- gine when Cicero speaks of the weak and helplefs condition of Rabirius, that he was utterly destitute of friends. He was a man of quality and in- terest, had been long a member of the senate, and by the zeal with which Cicero, Hortensius, and the whole body of the nobility espoused his cause, appears to have been well supported. But it was a mark of respect which an assembly of the Roman people always expected from those who appear- ed before them \n ronseequence of public accusation, that they should be represented as the greatest objects of compafsion. (3) Ab Jove Optimo Maximo."} It was an establised practise, not only among the Greek orators, but also amqpg the Roman, to invoke the god's in the beginning of their speeches. Cicero does it with a peculiar grace litre; because not a private cause, and the fortunes of a single man; but CICERp's ORATIONS. #3 with a view to overthrow all these bulwarks of the public safety, that an attack is now made upon the old age, weaknefs, and helplels condition of a single man. If therefore it be the duty of a provident consul, when lie sees the main pillars of the com- monwealth shaken and almost overturned, to fly to the afsistance of his country, to watch _over the safety and fortunes of the people, to implore the protection of his fellow-citizens, and to look noon his own safety as but second to that of the state ; it is no left incumbent upon brave and honest citizens, such as you have approved yourselves in all the exigencies of the common- wealth, to shut up every avenue of sedition, to strengthen the defences of the state, to be persuaded that the whole executive power of the government resides in the consuls, and the whole? deliberative in the senate, and to judge that whoever follows these maxims, is more worthy of praise and honour, than pains and penalties. The task therefore of defending Rabirius, falls principally to my share ; but the zeal and concern for his pre- servation ought to be in .common to us both. Sect. II. Your sentiments upon this occasion ought to be, Romans, that within the memory of man, no cause more im> portant in itself, more dangerous in its consequences, more worthy of your attention in all its parts, was ever undertaken by a tribune of the commons, defended by a consul, or brought before an afsemblyof the Roman people. For the thing in ques- tion, citizens, is no lefs, than that henceforward there be no standing council of the republic ; no union of the honest, against the madnefs and presumption of the profligate; no refuge or shelter, in the the extreme necefsities of the commonwealth. Which being the case: first of all, as becomes me in so mighty a struggle for the safety, honour, and fortunes of every Roman, I implore the forgiven els and favour of the all-powerful and bene- ficent Jupiter, and of the other gods and goddefses, by whose aid and interposition, much more than by any human prudence and foresight, this government is upheld : and I request that this day may prove a day of deliverance to Rabirius ? and of preservation to my country. Next, I entreat and conjure you, Romans^ whose power approaches the nearest to, that of the immortal gods, since at the same time the life of C. Rabirius, the most innocent and unfortunate of mankind, and the safety of the common- wealth is committed to your care and suffrages, that you will ex- ert that compafsion in. behalf of the accused, and that prudence for the, preservation of your country, which is wont to be so the prosperity of the whole Roman empire, for which the gods were ^up- posed more immediately interested, was at stake. Jupiter is so .called, quasi j uveitis pater, and the epithets optimus, maximus, were those fry which He was always addrefsed. G3 / ■ 54 M. T. CICERONIS ORATIOKES. Nunc quorriam, ( 4 ) T r Labiene, dibgentia? me$c, temporis angus- tiis obstitisti, meque ex comparato-ot constitute spatio defensio- nis in semihora? cui riculum coegisti, parebitur, et, quod iniquis- simum est, aecusatoris conditioni, et quod miserrmmm, inimici porestati. Quamquam in hac prescript] one semihcroe patroni mihi parteisreliquisti, consulis ademisti : propterea quod ad de- fendendum propemodum satis exit hoc mihi temporis, verum ad conquerendum parurm Nisi forte de locis religiosis, ac de lucis, quos ab hoc violatos efse dixisti, pluribus verbis tibi responden- dum putas ; quo in crimine nihil est unquam abs tc dictum, nisi a C. Macro objectumefse crimen id C. Rabirio : in quo ego de~ miror, meminii'se te, quid objecerit C. Rabirio Macer inimicus; oblitum efse, quid aequi et jurati Judices judicarint. III. An de peculatu facto, an (*>) de tabulario incenso longa, oratio est expromenda? quo in crimine propinquus C. Rabirii judicio clarifsimo C. Curtius provirtute sua est honestifsime libe- ratus: ipse vero Rabirius no'n raodo in judicium horum crimi- hum, sed ne in tenuifsimam quideni suspicionem verbo est un- quam vocatus. An de sororis filio diligentius respondendum eft, ( 6 ) quern ab hoc necatum efse dixisti, cum ad judicii moram famUiaris funeris excusatio quareretur ? Quid enim est tarn veri- $imile, cjuam cariorem huic sororis maritum, quam sororis filiuin fuifs'e ? atque ita cariorem, ut alter vita crudelifsime privaretur, cum alteri ad prolationem judicii blduum quaereretur ? An de srervis alienis (') contra legem Fabiam retentis, aut de civibus, Ilom. contra legem Porciam verberatis, aut necati*, plura di- cenda sunt, cum tanto studio C. Rabirius totius Apulia?, singu- (4) T. Labiate.'] This is the same Labienus who afterwards served with «0 much reputation under Caesar in. Gaul. He was tribune of the people the same year that Cicero was consul. The orator here complains, that so little time was granted him by the tribune for answering the charge brought against his client; for he was confined to the short space of half an hour, v hereas it was usual to allow two hours for the accusation, and three for the defence. But from this it would appear, as Minutius observes, that in cases of treason, the person who brought the impeachment had a right to prescribe the length of time allowed to the accused for making his defence. (5) Arfde tabulario ivcenso.~\ The place where the register and public acts were kept. When this crime therefore was objected to Rabirius, the true author was not known ; but Q. Sosius, some time after, confefsed himself guilty. (6) Qyeiti pb'hoc necatwn efse dixisti.'] C. Curtius, brother-in-law to Ra- birius, was accused of embezzlement. During the course of the trial his son died ; upon which he petitioned for a respite of judgment, that he might have time to attend the funeral of his son. But such was the vio- lence of the times, and the malice of Rabirius's prosecutors, that they pre- tended he had murdered his nephew, with no other view than to procure a short delay for his brother-in-law. But as Cicero very well observes here, it was not likely lie would incur so much guilt only to gain two day? ; nor couM it be supposed his sister's husband was dearer to him than his sister's son. CICERO's ORATIONS. T 95 v.nspicuou.s in your afsemblies. And now, T. Labienus, since •• (-11 have cheeked my industry by the narrownefs of the time, and contracted the usual space allotted -for a defence, to the fchort eompafs of half an liour, I shall 'comply' with the terms you have thought lit to prescribe; whicli.it is highly unjust should come from an accuser, and dangerous to permit to the power of an enemy, For in this limitation of half an hour, though you have indeed left me the part of a pleader., you have /taken from me that of a conlul ; because the time is sufficient for making my defence, but by no means for entering my com- /plaint. Unlets, perhaps, you imagine that J am to spend many words in answer to those profanations of temples and hallowed groves, wherewith you charge Rabirius. -But touching this ac- cusation you have said nothing, urilefs that C Maccr had ob-, jeered it to him. And here 1 cannot but cxprels my wonder, that you should remember the spiteful reproaches of Macer, an enemy, and forget the equitable decision of the judges who were upon oath. Sect. III. Must I enlarge on the charge of embezzlement,, and burning the register? A charge of which C. Curtius, a near relation of Rabirius., was most honourably acquitted by an au- thentic judgment, in consideration of his virtue and innocence ■': for as to Rabirius himself, he not only was never questioned on this article, but never so much as incurred the slightest suspi- cion of guilt. Must I answer particularly with regard to his sister's son, whom you pretend he killed, that the necessity of attending the funeral of a relation, might furnish a plea for put- ting off the trial ? For what can be more probable, than that his sister's husband was dearer to him than his sister's son ? And that too in such a degree, that the one was cruelly deprived o£ hfe, to procure a delay of the other's trial for only two days i 3 Am I to enlarge upon the slaves detained in defiance of the Fabian law, or the Roman citizens fcourged and put to death con- trary to the Porcian law f When the whole country of Apulia, with all the states bordering upon Campania, te.stifv so dis- tinguishing a regard for Rabirius, that not only particular men, but 'whole regions and communities, to a farther extent than the name and limits of neighbourhood require, flock, (7) Contra legem Fabiam — legem Porciam."] The Fabian law provided, that no perfon, against the will, and without the knowledge of the master, should conceal the slave of another man, or put him in irons, or artfully entice him away ; the Porcian law w T as enacted by M. Porcius Gato, tri- bune of the people in the confulship of Valerius and Apuleius. By it no magistrate was permitted to beat a Roman citizen with rods, or put him to death ; whereas it had been the practice before, to strip the party quite naked, thrust his neck between the two prongs of a- fork, and scourge him co death, G 4 96 M. T. CICERO^riS ORATIGNES. lari voluntate Campaniae vicinitatis ornetur? cumque ad ejus propulsandum periculum nonmodo homines, sed prope regiones ipsac convenerint, aliquanto etiam lathis excitatae, quam ipsius vicinitatis nomeii ac termini postulabant? Ham quid ego ad id longam orationem comparem, quod est in eadem ( 8 ) muitae irro- gatione praescriptum,mmc nee suae, nee aliens pudicitise peper- ciise? Quinetiarrr suspicor, eo mihi semi-horam a Labieno prae- stitutam else, ut ne plura de pudicitia dicerem. Er^o ad haec crimina, quae patroni diligentiam desiderant, inteuigis mihi semi-horam istam nirnium longam fuifse. Illam alteram partem de nece Saturnini nimis exiguam atque angustam efse voluisti : qua) non orationis ingenium, sed consulis auxilium implorat et iiagitat. ( 9 ) Nam de perduellionis judicio, quod a, me fublatum efse crimiqari soles, meuni crimen est, non Rabirii. Quod uti- nam, Quirites, ego id ant primus ? aut solus ex hac repub. sus- tulifsem ! utinam, quod ille crimen efse vult, proprium testimo- nium meae laudis efset! Quid enim optari potest, quod ego mal- iem, quam me in consulatu meo carnificem de foro, crucem de. campo sustulifse ? Sed ista laus primum est majorum nostrorum, Quirites, qui, expulsis regibus, nullum in libero populo vesti- gium crudelitatis regies retinuerunt : deinde multorum virorum fortium, qui vestram libertatem non acerbitate suppliciorum in- festam, sed lenitate legum munitam efse voluerunt. IV. Quamobrem utcr nostrum tandum, Labiene, popularis est? tu-rie, qui civnSus Roman in concione ipsa, carnificem, qui vincula adhiberi putas oportere ? qui in campo Martio, comitiis centuriatis, auspicato in loco, crucem ad civium sup- plicium defigi et constitui jubes ? an ego, qui funestari concio- frem contagione 'carnificis veto ? ' qui expiandum forum pop, Romaiii abillis nefarii fceleris vestigiis efse dico ? qui castam concionem, sanctum campum, inviolatum corpus omnium ci- Vium Rom. integrum jus libertatis defendo servari oportere? Popularis vero tribunus-pleb. custos defensorque juris et liber- tatis. Porcia lex virgas ab omnium civium Rom. corpore amovit: hjc misericors flagella retulit. Porcia lex libertatem 'civium lictori Cripuit : Labienus, homo popularis, carniiici tradidnV C. Gracchus legem tulit, ne de eapite civium Rom. (8) MulUe irrogationeJ] The method of proceeding in cafes of amerce- ment was tliis ; The magistrate summoned the party to appear before the bebple on a certain day: he then accused him three times: afterwards, as it was termed, irrogabat multam; that is, he petitioned the people to con- fiscate "a certain part of his estate. (9) Nam' de perduellionis 'judicio.') Jn what respect could Cicero be charged with having- abolished the usual forms of proceeding in cases of treason? iSlo't hy any law that he had procured to be enacted, but by pre- vailing to have Jia bin us. tried in the comitia by centuries, and exercising his eloquence and' interest to get the sentence of the- Duumviri reversed. 9t together to ward off the danger that threatens him. Why should I entertain you with a long discourse, in relation to what is con- tained in the act of amercement, that he fpared neither his own chastity, nor that of others? Nay, lam indeed inclined to think, that Lahienus has restricted me to the space of half an hour, that I may not enlarge too much upon the subject of chastity. With respect to those points, therefore, that require the exacts nefs of a pleader, he thought this half hour rather too long: but as to that other part of the charge, which concerns the, death of Saturninus, and which demands not so much the genius of-an orator, as the authority and protection of a consul, he de- signed the half hour as too short and confined. For as to the forms of proceeding against treason, which I am reproached with having abolished, that accusation lies against me, and not against Rabirius. And indeed, I heartily wish, Romans, that I had been either the first, or the only one, who abolished this out of the common wealth ; and that I could claim as my sole and peculiar glory, what he thinks proper to charge me with as a crime. For what is there I should rather desire,, than during my consulship to have banished an executioner from the forum, and removed a crofs out of the field of Mars ? But the merit of this belongs in the first place to our ancestors ; who, upon the expulsion of the kings, would suffer no traces of royal cruelty to remain among a free people : and in ' the next, to the wife counsels of many brave citizens, whose aim was, not to infest public liberty by the terror of severe punishments, but to secure it by the difcipline of mild and wholefome laws, Sect. IV. Which then, Labienus, is the more popular man of the two? you, who in an afsembly of the Roman people awe citizens with the terror of an executioner and chains : who in the Campus Martius, on a consecrated spot, and during the comitiaby centuries, order a crofs to be erected for the pu- nishment of Roman citizens? or I, who will not suffer an afsem- bly to be polluted by the presence of an executioner ? who * order the Roman forum to be cleared of all traces of so impious a profanation I who contend for the purity of our afsemblies, the sanctity of the field of Mars, that the bodies pf Roman citizens remain inviolate, and their liberties be preserved from . infringement ? A tribune is chosen to be protector of the peo- ple, the guardian and defender of their rights and liberties. The Porcian law forbids stripes to be inflicted on the bodies of Roman citizens : this merciful tribune restores the use of the scourge. The Porcian law rescued citizens from the hands of thehctors: the popular Labienus delivers them over to the executioner. Caius Gracchus pafsed a law, that . no Roman should be capitally tried without your concurrence : this guardian r!T8 M . T . C I C E'R 0-N I S OR ATI N E S^. injufsn vcstro judicaretur: hie popularis ( ,0 ) a Duumviris, in- inisit vestro, non judical- i de cive Rom. sed indicia causa civem- Roman, capitis condemnari coegit. Tu mi hi etiamlegis Porcia^ tu C. Gracchi, tu horum libertatis, tu cujusquam denique ho- mini" popularis mentionem faois, qui non modo suppliciis inu- sitatis, sed etiam vevrborum inaudka crudelitate violare liberta- tem hujus populi. 'ten tare maiisuetudinem, commutare discipli- unam conatus es ? Namque haec tua, qua? te hominem cle'mery tern popularemquc delectant : I LICTOR, COLLIGA MANUS : quae non modo .hujus libertatis, nlansuetudinisque non sunt sed ne Romuli quidem/ant '-BJumae Pompilii: ^fed Tarquinii super- foiisimi atque kei Lt : si a Duumviris provocarit, provocationc eeriato . -si vtneent, caput obuuhiio, arix>ri infeuci rede suspendi(o : i &el intra Pomerinm, vel extra Pomcrium. The form oi this dreadful law war CICERo's ORATIONS. 99 of the people's rights compelled the Duumviri, not only to try capitally, but to condemn imheavd a Roman citizen, without applying fervour consent. Dare you after this mention to me the Porcian law, the name o( Cains Gracchus, the liberty of your fellow-citizens, or the example of any eminent . patriot? Von, I say, who not only by unprecedented punishments,- but by exprefsions of unusual barbarity, have attempted to violate the liberties of this people, the mildnefs of their laws, and the established constitutions of their government. Go, lictor, bind his hands, are the words that delight your popular and compas- sionate ear : words not only repugnant to liberty, and the cle- mency of the present administration, but such as were not known even to Romulus or Numa Pompilius, and suit only the imperious times of Tarquin, the haughtiest and most mercilefs of tyrants: yet these, like a mild and popular magistrate, you repeat with rapture, Cover his head , nail him to the accursed tree: ■words, Romans, that in/ this state have not only been long ago buried under the ruins of antiquity, but even diisipated by the rays of liberty. ' SiTcr. V. Had this proceeding been popular, had it been in any respect consistent with equity and justice, Caius Grac- chus would never have abolished it. Could the death of an uncle . grieve you more, than that of a brother did Caius Gracchus? Was you more afflicted for the lofs of an uncle you never saw, than he for the lofs of a brother with whom he lived in the strictest union? Will you revenge the death of such a man as your uncle, as he would have done that of his brother, had he been disposed to act upon your principles?. Was that uncle of yours, Labienus, whoever we suppose him to be, equally dear to and regretted by the Roman people, as was Tiberius Grac- chus? Do you pretend to vie with Caius Gracchus in piety? in courage? in prudence? in interest? in authority? in eloquence? qualities, which even supposing them to have been but mode- rate in him, yet compared witli yours, must appear eminent. But as in 1 all these respects Caius Gracchus was the first man of his age, at how vast a distance ought you to place yourself be- hind him ? And yet Gracchus would sooner a thousand times have died the crudest of deaths, than suffered an executioner- to be present in an afsembly where he presided: one so odioiu to this state, that the laws of the censors have not only banished him the forum, but adjudged him unworthy of the common be- nefits of light, air, and the shelter of a roof within the city. Dare as follows : Cl Let the Duumviri judge in matters of treason : If an appol " shall be made to the people, let the cause be tried again before them i '* lithe party shall be cast, let his head be bound up, let him be hung on **■ the fatal tree: but first let him be whipped cither within or without the (* Pomeriujn." * 10p M. T. CICERONIS ORATIONES. commodis vestris: cum iste omnes et suppliciorum, et verberum acerbitates, non ex memoria vestra ac patrum vestrorum, sed ( ,2 ) ex annalium inonumentis, atque ex regum commentariis con- cmisierit: egp omnibus meis opibus, omnibus consiliis, omnibus clictis atque faetis repugnarim, et restiterim crudelitati? Nisi forte banc conditionem vobis else vultis, quam servi, silibertatis spem propositam non haberent, ferre nullo modo pofsent. Mi- sera est ignominia judiciorum pubiicorum, misera multatio bo- norum, miser um exsilium: sed tamen in omni calamitate retine- tur aliquod vestigium libertatis ; mors denique si proponitur, in libertate moriamur; carnifex verb et obductio capitis, et nomen ipsum crucis, absit, non modo a corpore civium Roman, sed etiam a cogitations, oculis, auribus. Harum enim omnium re- rum non solum eventus, atque perpefsio, sed etiam conditio, exspectatio, mentio i]5sa denique, indigna cive Romano atque bomine libero est. An verb servos nostros horum suppliciorum omnium metu, dominorum benignitas (**) una vindicta liberabit; eos a. verberibus, ab unco, a crucis denique terrore, neque res gestae, neque acta setas, neque nostri bonores vindicabunt ? Quamobrem fateor, atque etiam, T. Labiene, profiteor, et prae ine. fero, te ex ilia crudeli, importuna, non tribunitia, actione, sed regia, meo consilio, virtute, auctoritate efse depulsum. Qua tu in actione, quanquam omnia exemplamajorum, omnes leges, omnem auctoritatem Senatus, omnes religiones atque auspicio- ruui publica jura neglexisti: tamen a me hax in boc tarn exiguo meo tempore non audies: liberum tempus nobis dabitur ad istam disceptationem ; nunc de Saturnini crimine ac de clarifsi- mi patrui tui morte dicemus. VI. Arguis occisum efse a C. Rabirio L. Saturninum : et id C. Rabirius multorum testimoniis, Q.. Hortensio copiosiisime defendente, ante falsum else docuit. Ego autem, si mihi efset integrum, susciperem hoc crimen, agnoseerem, conritercr. Utinam banc mihi facultatem causa concederct, ut poi'sem hoc praedicare, C. Rabirii manu L. Saturninum hostem populi Ro- (12) Ex annaliujji monum'enlii', ex regum commejitariis.~] The Romans from the very beginning of their state took care to record all public trans- actions ; appointing the high-priest to write down yearly every thing that happened worthy of notice. These records, referring every event to its proper year, were termed annals. We learn too from Livy, book i. that the Roman kings wrote commentaries of what pafsed during their respeo- Jive reigns. (13) Una vindicta.~\ This alludes to the ceremony of manumifsion, which was thus performed: The slave was brought before the consul, and in after-times before the praetor, by his master, who laying his hand upon his servant's head, said to the prantor, Himc hominem liberum efse volo; e manu emitter*, Then the praetor laying a rod upon his head, called pindicta, ■said, Dico cum liberum efse more Quiriium. After this the lictor taking the mi he afsume the name of a popular magistrate, or brand me as an enemy to your interests ; when he is searching for the most ri- gorous precedents for punishing and palsing sentences, not in the records of the present or former- age, but in the remote an- nals of antiquity, and the distant registers of our kings ; while I employ all my interest and abilities, all my words and actions, to oppose and resist the encroachments of cruelty? Unlefs per- haps you are disposed to choose a lot, which slaves themselves could never be brought to endure, unlefs supported by the pro- spect of liberty. Wretched is the ignominy of public trials ; wretched the confiscation of estate j wretched the punishment of exile: yet in that whole train of suffering, some footsteps of liberty still remain. Nay, where death itself is proposed as a punishmeut, we are at least permitted to di^free. But an exe- cutioner,; the muffling up of the head;~the dreadful name of the crofs ; may all these not only never reach the body, but be strangers to the thoughts, eyes, and ears of Roman citizens I For to say nothing of the presence and feeling of these calami- ties, the dread, the expectation, in fine, the very mention of them, is unworthy a Roman citizen, and a man nursed in the bosom of liberty. Shall the humanity of a master, by one manumitting blow, deliver our slaves from the terror of all these punishments ! And shall neither our great actions, a life spent in the service of our country, nor the honours to which we have been promoted, exempt us from the scourge, from the ax, or from the infamy of the crofs ? I therefore confefs, proclaim, and publicly avow, Labienus, that you was defeated in that cruel, malicious, and not popular, but tyrannical purpose, by my authority, credit, and firmnefs. But though in this pro- ceeding you ran counter to all the precedents of former times ; all the established laws of the state ; the standing authority of the senate ; the awful ceremonies of religion ; and the sacred con- stitutions of the Augurs: yet shall you hear nothing from me on this, head, because of the short time to which I am restricted. These points may be resumed at a more convenient season. At present I shall confine myself to the crime of Saturninus, and the death of your most illustrious uncle. % Sect- . VI. You accuse C. Rabin us of having slain L. Sa- turninus: and C. Rabirius, by the testimony of many wit- nesses, and the copious defence of Hortensius, has already proved that charge to be false. For my part, was I to choose in this matter, I would qwyi, take with, and avow the crime. Would to heaven I was at liberty to confefs, that L. Satur- ninus, the enemy of the Roman people, was killed by the rod out of the prsctor's hand, stfuck the servant several blows on the head* face, arjd back; and nothing now remained- but pi leo donari,. to receive a cap in token of liberty, and to have his name entered in the common roll of freemen, with the reason of .his obtaining that favour, 102 . M. T. CICEROtfIS O-ftATIGJCLS. marii interfectmn. ( ,4 ) Nihil me clamor iste commcvet, sed consolatur; cum indic.it else quosdam cives imperitos, sed non iiiultcs; nunquam, mihi credite, pop. Rom. hie, qui siiet, Con- suiem me lecifsefr, si vestro ciamore perturbatum iri abitraretur. Qr.anto jam levior est acclamatio ! quin continetis vocem, indi- c'eoi stultitus vestra?, testem paucitatis? Libenter, inquam, con- fiterer, si vere pofsem, aut etiani si mi hi efset integrum, C. Ra- birii manuL. Saturninum else occisum : et id facinus pulcherri- muni else arbitraver; sed quoniam id face re non pofsum, confi- tebor id, quod ad laudem minus valebit-, ad crimen non minus. Con'fiteor interficiendi Saturmni causa C.Eabirium arma cepifse. Quid est, Labiene ? quam a me graviorem conielsionem, aut quod in hunc majus crimen exspectas? nisi vero interefse aliquid pu- *tas inter cum qui hominem occidit, et eum qui cum telo occidendi horninis causa fuit. Si intertici Saturninum ncfas fuit, anna sumpta else contra Saturninum sine scelere non poisunt ; si arma jure sumpta concedis, interfectum jure concedas necefee est. ■ VII. ( 15 ) FIT S. C. lit C. Marius, L. Valerius Consules adhiberent, Tribunos-plebis et Pra>tores, quos eis vicleretur ; operamque darem, ut imperium populi Rom. majestasque con- servaretur ; adhibent onines Tribunos-plebis, prater Saturni- riuuv, Pra tores prater Glauciain : qui rempublicam falvam else vellent, arma capere, et se sequi jubent. Parent omnes ; ex aedificiis armamentarhique publicis arma populo Romano, ! 0. Mario Consule distribuente, dantur. Hie jam, ut omit- tam cetera, de te ipso, Labiene, qurero : cum Saturninus Capitolium tencret armatus, efset una C. Glaucia, C. Saufeius, etiam ( l6 ) iile ex compedibus atque ergastulo, Gracchus : (14) Nihil ms clamor isie commovet.~\ The clamour raised upon this oc- casion demonstrates that the people were in some measure oiiended. with Cicero, for calling Saturninus the enemy of the Roman people. It was ■usual in public atsembliej, where any part of the magistrate's speech was particularly grateful to those present, to receive it with acclamations; and where, oil the contrary, it displeased, to signify their dislike by con- fused murmurs and a tumultuous clamour. . Thus, Jgrar. 3. video quon- dam, Quiritcs, strepiiu iig?irficare ttescio quid. Cicero, however, affects to defpife the present clamour, as the faint effort of a small part of the afsem- -bly, which lie advife-s them to eLo'p, since it betrays only their folly, and the inferiority of their numbers. " . (15) Fit sc7!a!us-consullum id C. Marius.~\ The decree here mentioned was that famous one, by which the consuls were enjoined to take care that the commonwealth received no detriment. This never pafsed but in times of imminent danger, and was understood to invest the consuls with abso- lute authority. Cicero thereiore, by observing that llabirius took up arms in consequence of this decree, justifies him -from the charge of treason ; as it thence appeared, that he acted in obedience to a lawfufauthority. The tribunes used their utmost endeavours to divest the senate of this "power, as it was frequently employed to check their own ambitious designs ; but as their succeeding in the attempt would have, drawn after it the ruin of the public liberty, they never failed of being vigorously opposed by all the true lovers of their conntrv. CICERO'S ORATIONS. tOf hand of C. Rabirius. That clamour disturbs me not, but rather furnishes matter of consolation, as it appears to be no more than the faint elibrt of a small part of the afsembly. The body off the Roman people, who are silent, would never have made me consul, had they thought me capable of beim*; disturbed by so.fc£ble an insult. How the noise sinks! Drop these vain ef- forts, which serve only to betray your folly, and the inferiority of your numbers. I repeat it again : could I do it consistently with truth,, or were I at liberty to n:;ike such a declaration, I would gladly confefs, that L. Saturninus was killed by the hand of C; Rabirius: nay, I would even proclaim and boast of it, as. an actio rp that merited rewards. But as there is no room for this, I will confefs what indeed redounds lei's to his glory, but does not lels answer the purpose of yirtiv accusation. I confels that C. Rabinus; took up arms, 'with intent to kill Satur.ninns. What ampler confefsion: would you have, Labienus ? What heavier charge against Rabirius? Unlefs perhaps you think there is a difference between killing a man. and taking up arms with intent to kill him-. If it was a crime Lo kill Saturninus, it could riot but be criminal to take up arms against him ; but if you allow the lawfulnefs of* taking up arms, you must also al- low that it was lawful to kill him. . Sect. VIL A decree pafsed in the senate, that the consuls C. Marius and, L. Valerius should require the afsistance of such of the tribunes of the people and pnvtors, as they thought proper ^ and take care that the empire and majesty of tiie people of Rome was preserved, inviolate. They called to their aid all the tribunes except Saturninus,. all the praetors e;:cept Glaucia; and published an edict, that every citizen who wished well to. his country, should take up arms and follow them. All obey the' summons 5 arms are distributed to the people, from the pub- lic magazines and arsenals,., by order of C. Marius the consuL And here,, not to mention other particulars T let me put the question to you, Labienus ; when on one side Saturninus had seized the capitol with an armed force, and was joined bv~ (16) Jlle ex compedibus< atquc ergastido, Gracchus.'] This was one L. Equi- tius, who -pretended to be the 'son of Gracchus. Valerius Maximus> lib. 9. cap. 7. says, L. Equilium qui se T. Gracchi f ilium simulabat, tribunes tumquc adversus leges cum L. Saturn if to petebat, a C. Mario sextuni, consula~ turn gerente in publicum cusfodiam ductum populus claustris career is cunvidsis )t raptum humeris sute, per summam amimorum alacritatem portavit. u L. " Equitius, who pretended to be the son ofTiberius Gracchus, and stood ** for the tribuneship against all law with G. Saturninus ; being committrd " to public prison in the sixth consulship of C. Marius, was set at liberty " by the people, who broke open the bars of the prison, snatched him up * upon their shoulders, and carried him oil with the greatest ecstacy of "joy." Nay, so dear was the -name-xif Tibarius Gracchus to the people of Rome, that they actually raided this impostor to the tribuneship. /de was driven along with Saturninus into the capitol : bu t , rs n vc learn from Appian, was not killed there, 104 s M. T- CICERONIS ORATIONES. addam (qupniam ita vis) eodem Q. Labienum patruum tiiuifl • in foro autem C. Marius et L. Valerius Flaccus Cofs. post cunctus Senatus, atque ille Senatus, quern etiam vos ipsi, qui hos P. conscriptos, qui nunc sunt, in invidiam vocatis, quo fa- cilius de hoc Senatu detrahere pofsitis, laudare consuevistis : cum equester ordo : at quorum equitum Roman, dii immortales ! patrum nostrorum atque ejus setatis, qua? turn magnam partem reipubl. atque omnem dignitatem judiciorum tenebat : cum om- nes omnium ordinum homines, qui in salute reipub. saluteiu suam repositam else arbitrabantur, arma cepifsent : quid tandem C. Rabirio faciendum fuit ? De te ipso, inquam Labiene, qusero ? cimv ad arma Consules ex S. C. vocavifsent: cum armatuu ( ,7 ) M. ^Emilius, princeps Senatus, in comitio constitifset, qui, cum ingredi vix pofset, non ad inseqnendum sibi tarditatem pe- dum, seel ad fugiendum impedimenta fore putabat: cum deni- que Q. Scasvola confectus senectute, praepeditus morbo, mancus et membris omnibus captus ac debilis, hastili nixus, et animi vim et innrmitatem corporis ostQnderet: cum L. Metellus, Ser. Galba, C. Serranus, P. Rutilius, C. Fimbria, Q. Catulus, omnesque qui turn erant Consulares, pro salute communi arma cepifsent : cum omnes Praetores,. cuncta nobilitas, ac juventus accurreret, Cn. et L. Domitius, L. Crafsus, Q.. Mucius, C. Clau- dius, M. Drusus: ciim omnes Octavii, Metelli, Julii, Cafsii, Catones, Pompeii : Cum L. Philippus, L. Scipio, cum M. Lepi- dus, cum D. Brutus, ciim hie ipse P. Servilius quo tu impera- tore, Labiene, meruisti; cum hie Q. Catulus admodum turn adolescens, cum hie C. Curio, cum denique omnes clarifsimi viri cum Consulibus efsent: quid tandem C. Rabirium facere convenit? utrum inclusum atque abditnm latere in occulto, at- que ignaviam suam tenebrarum ac parietum cUstodiis tegere ? an in Capitolium pergere, atque- ibi se cum tuo patruo et cete- ris ad mortem propter vitas turpitudinem confugicntibus congre- gare ? an cum Mario, Scauro, Catulo, INletcllo, Screvola, cum bonis denique omnibus coire nonmodo salutis, verum etiam pe-> riculi societatem. VII. Tu denique, Labiene, quid faceres tali in re ac tempo- re ? cum ignavise ratio te in fugam, atque in latebras impelleret : jmprobitas et furor Lucii Saturnini in Capitolium arcefseret : (11) -1/. JEmilius princeps senatus~\ INI. /Emilius Scaurus was by birth a patrician, but of a family which poverty had reduced very much. He j-aised himself to the first honours of the state by his eloquence and per- sonal merit. Cicero makes frequent mention of him in his writings, and celebrates particularly his steadinefs and solid judgment. When he saw a Sedition raised in theVity by Saturninus, he exhorted Marius, then consul for the sixth time, to undertake the cause of the commonwealth; and though in an extreme old age, appeared armed, and leaning on his spear f before the door of the senatg-hou^e. CtcERd's ORATIONS. 105 0. (rlaucia, C. Sauseius, and that Gracchus who had been drawn from irons and a gaol; I will add, since you will have it fo, Q,. Labienus, your uncle: and on the other appeared in the fo- rum C. Marius and L. Valerius Flaccus, the consuls ; behind them the whole body of the senate, that senate you were wont so much to extol, the better to detract from the authority of the present senate, which you endeavour to render odious: when the Equestrian order too, the same that flourished in the time of our fathers, an age that allowed them so large a share in the administration of affairs, and devolved upon them the whole weight of public judgments: immortal gods, what a body of Roman knights! in fine, when men of all ranks, who consi- dered their own safety as connected with that of the state, had taken up arms; what was C. Rabirius in such a case to do? Tell me then, I say, Labienus? when the consuls, in consequence of a decree of the senate, had ordered the people to arms : when M. iEmiiius, prince of the senate, appeared armed in the place of aisembly,and though scarcely able to walk, much lefs to pur- sue, yet thought his gouty feet would at least hinder his flying: when Q.. Scacvola, spent with age, diseased, lame, feeble, and crippled in all his limbs, leaning on a spear, discovered at once the nnnnefc of his soul, and the weaknefs of his body: when L. Metellus, Ser. Galba, C. Serranus, P. Rutilius, G. Fimbria, Q. Catulus, and all the consular senators of that time, took up arms for the common safety : when all the praetors, all the no- bility, and the whole youth of the city ran to join them, Cm and L. Domitius, L. Crafsus, Q,. Mucius, C. Claudius, M. Dru- sus: when all the Octavii, Metelli, Julii, Cafsii, Cato's, Pom- pey's: when L. Philippus, K Scipio, M. Lepidus, D. Brutus, and P. Servili as himself, the. general under whom you, Labie- nus, first began the trade of war : when Q. Catulus, who was then but very young; when C. Curio; in short, when all the most eminent of the city flocked to the consuls: what, I say, did it then become C. Rabirius to do ? Was he to lurk and shut himself up in private, covering his cowardice with darknefs and. behind walls ; or repair to the capitol, and there -afsociate himself with your uncle and his followers, whom the infamy of their lives drove to seek shelter in death ; or join Marius, Scaurus, Catulus, Metellus, Scsevola, in short, all the honest party, sharing with them not only in the means of preservation, but also in the hazard of resistance ? Sect. VIII. And here let me ask you, Labienus, how would you have behaved at such a time, and in such a juncture? When a motive of cowardice prompted you to skulk and fly; when the profligate fury of Saturninus invited you to the capitol; when, in flue, the consuls called vou to arm in defence of liberty II 1jQ6. M. T. CtCERONIS ORATIQNES. Consules ad patriae salutem ac liber tatem vocarent : quaru tandem auctoritatem, quam vocem, cujus sectam sequi, cujus imperio pa- rere potifsimum velies ? Patruus, inquit, meus cum Batumi no fuit. Quid, pater quicum? quid? propinqui vestri, Equites Ro- man!? quid? omnis praefectura, regio, vicinitas vestrar quid? ager Picenus universes, utrumTribuiiitiuynfurorum, an ConsuJ- arem auctoritatem seciitus est r Equidem hoc afeniio, quod tu nunc detuopatruo praedicas, neminem unquara. ad hue de sese efse confefsuna ; nemo est, inquam r inventus tarn profligatus, tam perditus, tam ab omni non modo honestate, sed etiam simula- tione honestatis relictus, qui se in capitolio fuifse cum Saturnino fateretur. At fuit v ester patruus, fuerit; et fuerit nulla despe- ratione rerum suarum, nullis domesticis vulneribus coactus: in- duxerk eura L, Saturnini familiaritas, ut amicitiam patriae prae-, poneret : idcirco-ne oportuit C, Rabirium desciscere a republica ? non cofnparere in ilia armata multitudine bonorum ? Consilium voci atque imperio non obedire ? Atqui videmus, haec in rerum natura tria fuifse, ut aut cum Saturnino efset, aut cum boni^ : , aut lateret. Latere mortis erat instar turpifsimse : cum Satur- nino efse, furoris et sceleris: virtus et hone'stas,. et pudpr, cum. consulibus efse cogebat. Hoc tu igitur in crimen vocas, quod cum iis fuerit C. Rabirius, quos, amentifsimus, fuifset, si oppug- nafset ; turpifsimus, si reliquifset ? IX. ( ,8 ) At C. Deeianus, de quo ta saepe commemoras, quia, cum hominem omnibus insignem notis turpitudinis P. Furium accusaret, summo studio bonorum omnium, queri est ausus in concione de morte Saturnini, condemnatus est: Sextus Titius quod habuit imaginem L. Saturnini, dqmi sua?, con- demnatus est. Statuerunt Equites Romani illo judicio, im- probum civem- efse, non retinendum in civitate, qui hominis hostile-fir in modum seditiosi imagine aut mortem ejus honest- aret, aut desideria imperitorum misericordia commoveret, aut suam significaret imitanda? improbitatis voluntatem. Itaque inibi mirnm videtur, undo banc tu, Labienc, imaginem, quam babes, inveneris; nam Sex. Titio daumato, qui istam habere auderet, inventus est nemo. Quod tu si audifses, aut si per ajtatem scire pot uifses, uunquam profecto istam imaginem, (l£) At C. Decianus. . . . . Sextius Titius.~] Cicero here intimates that i .:;- bienus was more justly chargeable with treason than Rabirius; and adds proofs to support the afsertion. For Declaims was condemned for only bemoaning the fale of Saturninus, tho' he was. at that time engaged in a prosecution extremely grateful to all good men. And Sextus Titius, a man. of eloquence and penetration, as Cicero characterizes him, though otherwise innocent, and extremely popular by reason of the Agrarian law, was nevt-r- ihelefs condemned for having a picture of Saturninus in his houwe leave a just claim to be honoured in our turn by posterity. But if, Labienus r you are unconcerned^ about those whom we can now behold no more ; ought you not at least to show some regard to those who are present before our eyes ? I will ven- ture to affirm, that of all those in this afsembly, who were at Rome on the day which you impeach, and of an age to bear a part in the transactions of it, there is not a man who did not take up arms, and follow the party of the consuls. Yet all these, whose number you may compute from their ages, are capitally impeached by you in the person of C. Rabirius, for H4 112 M. T. CICERONIS ORATIONES. facere potes, quid turn fecerint, abs te rei capitis, C. Rabirii no- mine citantur. At occidit Saturninum Rabirius ; utinam fecis- set; npn supplicium deprecarer, sed premium postularem. Etenim si "Scaevae-, servo Qu. Crotonis, qui occidit L. Saturninum, libertas data est ; quod Equiti Rom. premium dari par fuilset ? et si C, Marius, quod fistulas, quibus aqua suppeditabatur Jovis Optimi Maximi templis ac sedibus, precidi imperarat, quod in fclivo Capitolmo improborum civium . . . ' .° » . . . De^ sunt, ut videtur, non pauca. + 113 what they did that day. But Rabirius gave Saturninus the mortal blow. I wish he had : I should then be soliciting a re- ward, not an exemption from punishment. For if Scseva, the slave of Q. -Cfoto, was rewarded with freedom for having killed Saturninus ; what recorapence might not a Roman knight ex- pect? And if C. Marius, for ordering the pipes to be cut that supplied the temple of the great Jupiter with water, because the capitol was in the hands of profligate citizens . . ._ . , .....,., The rest of this oration is lost. ORATIO IV. i. IN L. CATILINAM*. I. /^UOUSQJJE tandem abutere, Catilina, patientia nostra ? V^ quamdiu etiam furor iste tuus nos* eludet? quem ad iinem sese effrenata jactabit audacia? nihil-ne ( r ) nocturnum presidium palatii, nihil urbis vigiliae, nihil timor populi, nihil consensus bonorum omnium, nihil hie munitifsimus habendi senatCis locus, nihil horum ora vultusque moverunt? patere tua * L. Sergius Catiline was of Patrician extraction, and had sided with Sylla, during the civil wars between him and ftlarius. Upon the "expira- tion of his praHorship, he was sent to the government of Africa; and after his return, was accused of mal-adminktration .by P. Clodius, under the consulship of M. Emilins Lepidus, and jL. Volcatius Tullus. It is com- monly believed, that the design of the conspiracy was formed about this time, three years before the ^oration Cicero here pronounces against it. Catiline, after his return from Africa, had sued for the consulship, but was rejected. The two following years he likewise stood candidate, but still met with the same fate. It appears that he made a fourth attempt, under the consulship of Cicero, who made use of all his credit and authority to exclude him, in which be succeeded to his wish. After the picture Salust has drawn of Cataline, it were needlefs to attempt his character here; be- sides that the four following orations will make the reader sufficiently ac- quainted with it. The first speech was pronounced in the senate, con- vened in the temple of Jupiter Stator, on the eighth of November, in the sixth hundred and ninth year of the city, and forty-fourth of Cicero's a The occasion of it was as follows: Catiline, and the other conspirators, Ixad met together in the house of one Marcus Lecca ; where it was resolved, that a general insurrection should be raised through Italy, the different parts of which wereafsigned to different leaders; that Catiline should put himself at the head of the troops in Etruria ; that Home should be lired in ; many places at once, and a mafsaere begun at the same time of the whole senate and all their enemies, or" whom none were to be spared except the sons of Pomney, who were to be kept as hostages of their peace and re- conciliation with the father; that in the consternation of the lire and mafsaere, Catiline should be ready with his Tuscan army to take the be- nelit of the public confuVton, and make himself master of the city ; where Lcntulus in the mean while, as first in dignity, was to preside in their ge- nera] councils ; Gafsius to manage the altair of tiring it ; Cethegus to di- rect the mafsaere. }\\il the vigilance of Cicero being the chief obstacle, to all t he, i u hopes, Catiline was very desirous to see him ta^en off before he left Home ;> upon which two knights of the company undertook to kill "firm Lfee next morning in h's bed, In an early visit on pretence of businefs. They were both of his acquaintance, and used to frequent his house, and knowing, his custom of giving free accefs to all, made no doubt of being readily admitted, as C. Cornelius, one of the two, afterwards conk The meeting was no sooner over, than Cicero had information of all that ORATION IV. AGAINST CATILINE. Sect. I. TTOW far, O Catiline, wilt thou abuse, our pa-, XX tience?'How long shall thy frantic rage baffle the" efforts of justice ? To what height meanestthou to carry thy daring insolence? Art thou nothing daunted by the noc- turnal watch posted to secure the Palatium ? nothing by the pafeed in it ; for by the intrigues of a woman named Fulvia, be had gained over Curius her gallant, one of the conspirators of senatorial rank, to send him a punctual account of all their deliberations. He presently imparted his intelligence to some of the chiefs of the city, who were afsembled that evening, as usual, at his house, informing them not only of the design, but naming the men who were to execute it, and the very h©ur when they would be at his gate; all which fell out exactly as he foretold ; for the two knights came before break of day; but had the mortification to find the house well guarded, and all admittance refused to them. Next day Cicero summoned ihe senate to the temple of Jupiter in the capitol, where it was not usually held but in times of public alarm. There had been several de- bates before this on the same subject of Catiline's treasons, and his design of killing the consul ; and a decree had pafsed at the motion of Cicero, to offer a public reward to the first discoverer of the plot ; if a slave, his li- berty, and eight hundred pounds; if a citizen, his pardon, and sixteen hunched. Yet Catiline, by a profound difsimulation, and the constant profefsions of his innocence, still deceived many of all ranks; representing the whole as the fiction of his enemy Cicero, and offering to give security for his behaviour, and to deliver himself to the custody of any whom the senate would name ; of M. Lepidus, of the praetor Metellus, or of Cicero himself: but none of them would receive him ; and Cicero plainly tolc^ him, that he should never think himself safe in the same house, when he was in danger by living in the same city with him. Yet he still kept on the mask, and had the confidence to come to this very meeting in the ca- pitol, which so shocked the whole afsembly, that none even of his ac- quaintance durst venture to salute him ; and the consular senators quitted that part of the house in which he sat, and left the whole bench clear to him. Cicero war so provoked by his impudence, that instead of entering upon any businefs, as he designee!, addrefsing himself directly to Catiline, he broke out into the present most severe invective against him ; and, with all the fire and force of an incensed eloquence, laid open the whole course of his villanies, and the notoriety of his treasons. (1) Nocturnum presidium palaiii.~\ The Romans had no standing army at this time, nor any regular guards within the city; but on tht discovery of this conspiracy, they had placed a strong garrison in the Palatium, which was the highest hill in Borne, and s erved as a citadel. At the same tim^, they ordered several parties to patrole through the streets, under the command of the sediles, and other inferior magistrates, to pre- vent the conspirators setting fire to the city in the night. 116 ■ ■ M. T. CICI/RONIS ORATIONES. eonsilia non sentis ? constrictam jam omnium liorum conscientia teneri conjurationem tuam non vides ? quid proxima, quid su- periore nocte egeris, ubi Iberis, qiios convocaveris, quid consi- }ii ceperis, quern nostrum ignorare arbitraris ? O tempora ! 6 mores! Senatus tec iritelligit, consul videt: hie tamen rivit; vivit ? imo vero etiam in Senatum venit : fit publici consilii par- ticeps : notat ?J et designat o.eulis ad csedem -unumquemque nos- trum. Nos autem viri fortes satisfacere reipublicae videmur, si i-stius furorem ac tela vitemus. Ad mortem te, Catilina, duci jutsu consulis jampridem oportebat: in te conferri pestem istam, -quam tu in nosomnes jamdm. machinaris. An vero vir amplis- siraus, P~ Scipio, pontifex maximus, Tib. Gracchum mediocri- ter labefactantem statem reipublicae privatus interfeeit : Catili- nam vero orbem terrae ca de atque incendiis vastare -cupientem nos eoasules perferemus }/ nam ilia nimis antiqua praetereo, (*) quod Q. Servilius Ahala Sp. Meliiim novis rebus studentem jnanu sua occidit Fuit, fuit ista quondam in hac republica vir- tus, ut viri fortes acrionbus suppliers civem perniciosum, quam acerbifsimum hostem coercerent. ""p) HabeniuKenim senatus- consultum in tc, Catilina, vehemens et grave/ non deest reipub- lica? consilium, neque auctqritas hujus .ordmis : nos, nos, dico aperte, consules desumus. IL. Decrevit quondam Senatus ut L. Opimius Cos. videret, ne quid respublica detrimenti caperet : nox nulla interceisit : inter- fectus est propter quasdam seditionum suspiciones C. Gracchus, clarifsimo patre natus, avis, majoribus : occisus est cum liberis <(*■) M. Fulvius, consularis. Simili senatdsconsulto, C Mario (2) Quod Q. Servilius Ahala Sp. Mekum.'} When the city of Rome was afflicted with a great famine, Sp. Melius, a Roman knight, the richest man ill the city, bought up great quantities of com throughout Tuscany, and freely distributed it among the poorer citizens. This gained their affection. and ^encouraged Melius to aspire to the sovereign power. T. Quinctius .Cincimiatus, being named dictator by the senate, to crush Melius, sent his general of the horse, Q. Servilius Ahala, to summon him to appear at his tribunal, to answer the accusations brought against him. Melius re- fusing to come, and calling the mob to his assistance, Servilius ran him through the body, and thus stopped his ambitious designs. This happened in the three hundred and fourteenth year of Rome, which was three hun- dred and seventy-six years before Cicero's consulship. (3) Habenmsenim senatuscomultwu in tc, Cat i Una, vehemens et grave.'] The Roman consuls had a very small share of the executive authority in their hands: they were obliged, oji every n, to lay the affair before the .senate, whose orders they were obliged to execute. But in extraordi- nary cases, the senate made an act, that the consuls should take care that the commonwealth received no detriment ; by which xvords they gave ab- solute power to the consuls to raise armies, and do whatever they thought proper for the public interest, without having recourse to the senate's ad- vice. By this, they were in effect created dictators ; so that Cicero had at s his time sufficient power to seize Catiline and his accomplices, and try them, without calling a senate: but lie chose not to exert his- authority, to avoid the odium which might be cast upon him, and for other rci laid down in the sequel of this oration. S ORATIONS, 117 city guards ? nothi. ;onsternation of the people ? no- thing by the union 01 ise and worthy citizens £ nothing by the senate's afsembh. this place of strength ? nothing by the looks and countenai** s of all here present ^ Seest thou not that all thy designs are brought to light r that the senators are thoroughly apprized of thy conspiracy ?, that they are ac- quainted with thy last night's practices ; with the practices of the night before ; with the place of meeting, the company summoned together, and the measures concerted ? Alas, for our degeneracy! alas, for the depravity of the times! The senate is apprized of all this, the consul beholds it ; yet the traitor lives. Lives ! did I say ? he even comes into the senate ; he shares in the public deliberations ; he marks us out with his eye for destruction. While we, bold in our country's cause, think we have sufficiently discharged our duty to the state, if we can but escape his rage and deadly darts. > Long since, O Catiline, ought the consul to have ordered thee for execution; and pointed upon thy own head that ruin thou hast been long me- ditating against us all.) Could that illustrious citizen Publius Scipio, sovereign pontiff, but invested with no public magistracy, kill Tiberius Gracchus for raising some slight commotions in the commonwealth ; and shall we consuls suffer Catiline to live, who aims at laying waste the world with fire and sword? I omit, as too remote, the example of Q. Servilius Ahala, who with his own hand slew Spurius Melius, for plotting a revolu- tion in the state. Such, such was the virtue of this republic in former times, that her brave sons punished more severely a factious citizen, than the most inveterate public enemy. We have a weighty and vigorous decree of the senate against you, Catiline : the commonwealth wants not wisdom, nor this house authority : but we, we the consuls, I speak it openly, are want- ing in our duty. Sect. II. A decree once pafsed in the senate, enjoining the the consul L. Opimius to take care that the commonwealth re- ceived no detriment. The very same day Caius Gracchus wa$ killed for some slight suspicions of treason, though descended of a father, grandfather, and ancestors, all eminent for their services to the state. Marcus Fulvius too, a man of consular (4) M. Fulvius, consularis.'] This matt, though formerly a consul, joined with Cams Gracchus in his attempt to divide the lands, and was named one of the three commifsioners for that purpose. They went on for some time, carrying every thing before them in the assemblies of the people, in spite of the senate, and all the nobility. But one of the consul's iictors being killed by some of the attendants of Gracchus, the senate gave Opi- mius full power to do as he thought best for the goad of the state. The consul commanded all the nobility, with their clients, to appear in arms next morning in the forum, whence he marched at their head to attack Cnal ' I- > hid bled several thousands of the lower 118 T. M. CICERON' et L. Valerio Cofs. pcrmifsa e? anum diem postea ( 5 ) L. Saturninum tribunur - : oervilium Prsetorem mors ac reip. poena remor vigesimum jam diem patimur hebescere aciem l ;am auet ritatis ; habemus enim hujusmodi senatCisconsultum, . men inciusum in tabulis, tanquam gladium in vagina reconu. am quo ex senatus consulto confestim interfectum te efse, Catilina, convenit. Vivis, et vivis non ad deponendam, sed ad confirmandam audaciam. Cupio, P. C. me efse clementem^ cupio in tantis reipublica? periculis non difsolutum videri: sed jam me ipsum iiiertise ne- quitiseque condemno. Gastra sunt in Italia contra rempubl. - ill Etrurian faucibus collocata: crescit in dies singulos hostium nume- rus : eorum autem imperatorem castrorum ducemque hostium intra mcenia, atque adeo in senatu videmus, intestinam aliquam quotidie perniciem reipublicae molientem. Si te jam, Catilina, comprehendi, h" interncr, jufsero, credo, erit verendum mihi, ne non hoc potius ( 6 ) omnes boni serius a me, quam qv.isquam crudelius factum efse dicant. Ver.um ego hoc, quod jampri- dem factum efse oportuit, certa. de causa nondum adducor, ut faciam ; turn denique interficiere', cum jam nemo tarn improbus, tarn perditus, tarn tui simiiis inveniri poterit, qui id non jure factum efse fateatur. Quaindiu quisquam erit qui te defendere audeat, vives : et vives ita, ut nunc vivis, multis meis et firmis praesidiis obsefsus, ne commovere te contra rempublicam pofsis ; multorum te etiam oculi et aures non sentientem, sicut adhuc fecerunt, speculabuntur atque custodient. III. Etenim quid est, Catilina, quod jam amplius expectes, si neque nox tenebris obscurare ccetus nefarios, nee privata domus parietibus continere voces conjurationis tuae potest? si illustran- tur, si erumpunt omnia? Muta jam istam mentem : mihi crede : obliviscere casdis, atque incendiorum; teneris undique: luce sunt clariora nobis tua consilia omnia, quae etiam inecum licet recognoscas. Meministi-ne me ante diem xn Kalend. Novemb. dicere in senatu, fore in armis certo die, qui dies futurus efset ante diem vi Kal. Novembris, C. Manlium audacice satelliteiu rank on the Aventine mount. The affarr came to blows, and Gracchus, Fulvius, and his sons were slain, with three thousand of their followers, in the year of the city six hundred and thirty-one. (5^) L Saturnimwi et C. Ssrvilium prcetorem.'] These two having killed a senator in a tumult, were declared enemies by the senate, who com- manded Marcus to bring them to justice. The consul, armed with dicta- torial power, attacked them in the capitol, and obliged them to surren- der, with all their followers; after which they were stoned to death by the mob, before they were brought to a trial, "in the year six hundred anthey were both knights. Plutarch names them Margins and Ceth«- ^us. But in this he must certainly have been mistaken, since Cicero else" exj 1 airirrns, that Cornelius was on? of them- It is true, Cor 1 bame CICERo's ORATIONS. 121 C. Manlfus, the confederate and creature* of your guilt, would appear in arms. Was I deceived, Catiline, s I say not as to this enormous, this detestable, this improbable attempt ; but, which is still more surprising, as to the vefy day on which it hap- pened ? I said likewise, in the senate 1 , that you had fixed the twenty-sixth of the same month for the mafsacre of our nobles, which induced many citizens of the first rank to retire from Rome, not so much on account of their own preservation, as with a view to baffle your designs. Can you deny, that on that very same day you was so beset by my vigilance, and the guards I placed about you, that you found it impofsible to at- tempt any thing against the state: though you had given out, after the departure of the rest, how you would neverthelejs ... content yourself with the blood of those that remained ?/Nay, when on the first of November, you confidently hoped to sur- prise Praeneste by night, did you not find that colony secured by my orders, and the guards, officers, and garrison I had ap- , pointed ? There is nothing you either think, contrive, or at- tempt, but what I both hear, see, and plainly understand. Sect. IV. Call to mind only, in conjunction with me, the transactions of last night. You will soon perceive, that I am much more active in. watching over the preservation, then you in plotting the destruction of the state. I say then, and say it openly, that last night you went to the house of M. Lecca, in the street called the Gladiators ; that you .was met thexe by numbers of your afsociates in guilt and madnefs. Dare you deny this ? why are you silent ? If you disown the charge, I will prove it : for I see some in this very afsembly, who were of your confederacy. Immortal gods ! what country do we i- 1 'bit? what city do we belong to? what government do we ticler ? Here, here, conscript fathers, within these walls, afsembly, the most awful and venerable upon earth, meditate my ruin and yours; the destruc- tion '-isequently of the world itself. Myself, your beuw c 2se men, and ask their opinions on public affairs nstead of dooming them to immediate execution, do not £ as wound them with my tongue. You went then that nigt line, to the house of Lecca; you cantoned out all Italy ; ^pointed the place to which every one was to repair; yc led out those who were to be left at Rome, and those v e to accompany you in person; you marked out the pa gue city destined to conflagration ; you de- also belongin thegus ; but it is evident that- the C. Cornelius here spoken of w; te different person from C. Cornelius Cethegus. For Cethegus was led in prison, but this Cornelius was alive at the time *vhen Cicero d P. Sylla. And here, as it is sometimes of jrreat im- portance to c ie errors of learned men, to prevent others from fall- I 122: M. T. CICEROSfts ORATIONES te ista eura liberarent, et sese ilia ipsa nocte paufe ante* lucent me in meo lectulo interfectnros poHicerentur. Haic ego omnia r vix dum etiam ceetu vestro dirnifso, comperi: domum meam majoribus preesidiis munivi, atque firmavi ; exclusi eos, quos tu mane ad me saliitatum raisefas, cum illi ipsi venifsent, quos e^o jam raullisviris ad me venturosidtemporis efsepraxlixeram. V. Q.1133 ( l0 ) cum ita sint, Catilina, perge quo ccepisti: egre- dere a'iquando ex urbe: patent porta?, prohciscere : nimium din te imperatorem ilia tua Manliana castra desiderant; ediie tecum .etiam omnes tues;; si minus, quamplunmos : purga urbem : magno me mefcu iiberabis, dummodo inter me atque te murus intersit : nobiscum versari jam diutius non potes : non feram, non patiar, non- sinam..- Magna diis immortalibus' habenda est gratia, atque hiiie ipsi Jovi Statori, antiquifsimo. custodi hujus urlTis, quod banc taur retrain,* tam hombilem, tamque infestam reipublieaj pestem toties jam effugimus. Non est suepius in- uno-bomine saius summa periciitanda reipublicae. Quamdiu mibi, consult designato, Catilina, insidiatus es, non-. publico me prscsidio, sed privata diligentia defend! ; euro- proximis comitiis consularibus me consulem in cauipo, et com- petitors tuos interricere voluisti, comprefsi tuos nefarios cona- tus amicorum prasidio et copiis, nullu timmltu publice conci- tato : denique quotiescumque me petisti, per me tibi obstiti ; quamquam videbam perniciem meam cum magna calamitate reipublicae efse conjunctam. Nunc jam aperte remnirbficam universam petis ; templa deoruni immortalium, tec vitam omnium civium, Italiam denique totam, ad c vastitatem vocas.. Quare quoniam id, quod primu hujus imperii, disciplinable Major um pmprium est, f; audeo ; faciairi id quod est ad severitatem lenius, munem salutem ittilius; nam si te intcrnci jufse- bit in republica reliqua conjuratorum mantis: sint . jamduduui hortor, exieris ; exbaurietur ex urbe tu bis, n et tque ; non com- ing into ihe same mistakes, 1 cannot forbear observing^ that account of* this transaction, has committed three unpardc First,. he tells us, that this resolution was not taken, till aft left the city. Secondly, he makes the two persons who u Cicero to be P. Lentuius, and C. Cethegus. But Cicero su have called them two Roman knights, had Lentulus, at t been one of them. The third error committed by App : that Cethegus was praetor; according to which both t! have been of senaforian rank. But it is apparent, that prxtor at this time, otherwise the formality observed wi' tulus, of obliging him to abdicate that magistracy, bef death, would likewise have been practised in the case of ( we no where read of; nor was it, I believe, ever suggest above-mentioned writer. (10) Qua- cum ita sint.'] The force of fheargument lie his counsels and treasonable designs were discovered, i for him to continue longer in the city, \\ here he must n i. in .hi* lunders. hue had k to kill uld never ie pnetor^ in saying IV ins must; us was not .>ct to Len- was put to as. Bui any but the iSj that as all o no purpose expect to &0 CICERO'S ORATIONS. l'2Q dared your purpose of leaving it soon, and said you only waited a little to see me taken off. Two Roman knights un- dertook to ease you of that care, and afsafsinate me the same night in bed before day-break. Scarce waS your afsemhly dis- imised., when I was informed of all this : I ordered an addi- " tional guard to attend^ to secure my house from afsault ; I re- fused admittance to those whom you sent to compliment me in the morning; and declared to many worthy persons before- hand, who they were, and at what time I expected them. Sect. V. Since therij Catiline, such is the state of your af- fairs, finish what you have begun ; quit the city : the gates are open ; nobody opposes your retreat. ' The troops in Manlius's camp long to put themselves under your command.: Carry with you" all your confederates; if not all, at least as many as pofsible. Purge the city :. it will take greatly from my fears* to be divided from you by a wall. You cannot pretend to stay- any longer with tfs : I will not bear, will not suffer* will not allow of it.- Great thanks are due to the immortal gods, apd chiefly to thee, Jupiter Stator, the ancient protector of this city, for having alreadyso often preserved us from this dangerous, this destructive, this pestilent scourge of his country. The supreme safety of the commonwealth ought not to be again and again exposed to danger for the sake of a single man. While I was only consul elect, Catiline, I contented myself with guarding against your many plots, not by a public guard, but by my private vigilance. When at the last election of consuls, you had resolved to afsafsinate me, and your competitors in the field of Mars, I defeated your wicked purpose by the aid of my friends, without disturbing the public peace:/ In a word* as often as you attempted my life, I singly opposed your fury* though I well saw, that my death would necefsarily be attended with many signal calamities to the state. But now you openly strike at the very being of the, republic < The temples of the immortal gods, the mansions of Rome, the lives of her citizens* and all the provinces of Italy, are doomed to slaughter and devastation. ."Since therefore I dare not pursue that course* which is most agreeable to ancient discipline* and the genius of the Commonwealth* I will follow another, lefs severe indeed as to the criminal, but mere useful in its consequences to the pub- lic. For should I order you to be immediately put to death, the commonwealth would still harbour in its bosom the other con- spirators ; but by driving you from the city, I shall clear Rome all his measures defeated. The best course therefore he could take, both for his own safety, and to give vigour to his other designs, was to leave the city, where his presence could no longer be of any service. Cicero, in this whole expostulation, makes use of short, abrupt, and imperfect sentences; a language peculiarly adapted to inspire terror, and give force to command* I 2 124 M. f . CICERONIS ORAtflONES. turn magna et perniciosa sentina reipublicee. Quid est, Cat:- lina ? nam dubitas id, me imperante, facere, quod jam tua sponte faciebas ? exire ex urbe consul hostem jubet; interrogas me, ntim in exsilium? non jubeo: sed, si me consulis suadeo. VI. ( n ) Quid enim, Catiiiiia, est,' quod te jam in bac uvbe delectare pofsit, in qua nemo est extra istam conjurationem per- ditorum bominum, qui te nori ■ m^tuat, nemo qui te non oderit ? quae nota domestic* turpitudinis noninusta vitte tuse eft? quod privatarum rerum dedecus non haeret infamise; quae libido ab oculis, quod facinus a. manibirs unquairi. tuis, quod fiagitium a toto corpore abfuit ? cui tu adolescentulo, quern corruptelarum illecebris irretivifses, non aut ad audaciam ferrum, aut ad libi- dinem facem praetulisti ? quid vero ?" nuper, cum mdrte superioris vixoris, novis nuptiis clomum vacuam tecifses, non-ne etiam alio incredibili scelere hoc scelusciimulasti ? qiiod ego praetermitto, et facile patior sileri, ne in bac civitate tanti facinoris immanitas aut extitifse aut non vindicata efse videatur. Praetermitto ruinas fortunaru-m tuarum,quas omnes impendere tibi proximis Idibus senties ; ad ilia v'enio, quae non ad privatum ignominiam vitiorum tuorum, non ad domesticam tuam difficultatem ac turpitudinem; sed ad summam rempub. atque ad omnium nostrum vitem sa- lutemque pertinent. \ Potest-ne tibi hcee lux, Catilina, aut hujus cceji spiritus efse jucundus, cum, scias horum efse neminem, qui nesciat te ( l2 ) Pridie kalendas Januar. Lepido et Tullo Cofs. s etifse in Comitio cum telo? manum, consilium et priricipum civitatis interficiendorum causa, paravifse ? sceleri, ac furori tuo non mentem aliquam, auttimorem tunm, sed fortunam reipub- licae obstitifse ? Ac jam ilia omitto: neque enim sunt aut ob- seura, aut ronmulta postea commifsa ; quoties tu me designatum, cjuoties eon su'em inter licere conatus esr quot ego tuas petitionee *r (1 iytyuid enim, Caiilina.~\ He here Jars aside the character of consul, and afsumes that of a friend and advifer; that what he afterwards sa^ not appear the result of hatred, b«t to flow from a companion for Ca He therefore counsels him to leave the eity,as he could no longer hope for any real enjoyment of life in a place, where he hated every body, and was him- >elf hated by all ^ where he was cpntiuually encountering objects that ex- cited his envy ; where he was overwhelmed with an insurmountable load of debt; and where all the treasonable designs against the commonwealth Tv-ere fully known. Yet this seeming friendly admonition contains at the same time a very bitter invective against Catiline. (12) Pridiv calendas Jammrias.~] in the consulship of M. Emilius Lepi- dus and L: Volcatius Tullus, P Autronius and P. Cornelius Sylla were elected consuls for the year ensuing; but being convicted o\ bribery, thev were deposed, and L. Aurelius Colla, with L. Mauliws Torquatus, chosen. m their stead. Catiline, who had been convielt'd of extortion upon an accusation of P. Clodius, and forbid to stand candidate for the consulship, fired with indignation at the affront he had received, entered into a con- spiracy with Autronius, Sylla, and several others o^ the nobility, to murder the consuls on the last da\ of December, reinstate those that had been deprived, and aisume the government of the commonwealth. But Crafcus, CICERO'S ORATIONS. 12-5 at once of all the whole baneful tribe of thy accomplices. How, Catiline ? Do you hesitate to do at my command, what you was so lately about to do of your own accord ? The consul or- ders a public enemy to depart the city. You ask whether this be a real banishment? I say not exprefsly so: but was I to ad- yise in the case, 'tis the best course you can take. ' Sect. VI. For what is there, Catiline, that can now give you pleasure in this city ? wherein, if we except the profligate crew of your accomplices, there is not a man but dreads and abhors you? Is there a domestic stain from which your character is exempted? jHave you not rendered yourself infamous by every vice that can brand private life ? What scenes of lust have not your eyes beheld, what guilt has not stained your hands, what pollution has not defiled your whole body ? What youth, en- tangled by thee in the allurements of debauchery, hast thou not prompted by arms t,o\ deeds of violence, or seduced by incen- tives into the snares of sensuality ? iAnci lately,, when, by pro- curing the death of your former wife, you had made room in your house for another, did you not add to the enormity of that crime, by anew and unparalleled measure of guilt? But I pafs over this, and choose to let it remain in silence, that the memory of so monstrous a piece of wickednefs, or at least of its having been committed with impunity, may not descend to posterity. I pafs over too the entire ruin of your fortunes, which you are sensible must befall you the very next month ; and shall proceed to the mention of such particulars, as regard not the infamy of your private character, nor the distrefses and turpitude of your domestic life ; but such as concern the very being of the re- public, and the lives and safety of us all. Yf Can the light of life, or the air you breathe, be grateful to you, Catiline; when you are conscious there is not a man here present but knows, , that on the last of December, in the consulship of Lepidus and Tullus, you appeared in the Comitium with a dagger ? that you had got together a band of ruffians, to afsafsinate the consuls, and the most considerable men in Rome? and that this execrable and frantic design was defeated, hot by any awe or remorse in you, but by the prevailing good* fortune of the people of Rome? But! pafs over those things, as being already well known : there are others of a later date. How many at- tempts have you made upon my, life, since I was nominated consul, and since I entered upon the actual execution of that one of the conspirators, not coming to ftie afsembly of the people that day, all d Julius Csesar, who was likewise in the plot, not Uun king proper to «ive the signal agreed upon, of letting his robe drop from ,l *fri^.sboulder, the affair was put or? to the fifth of February; when again the^project failed, through the too great eagernefs of Catiline, who gave the signal before all • — cn ! r, ! f "t$ were afsembled, * 13 l£| M. T. CICERONIS ORATIONES. ita conjectas, ut vitari pofse non viderentur, parva quadam de clinatione, et, ut aiunt, cor pore efrugi ? nihil agis, nihil afte-- queris, nihil moliris, quod mihi latere valeat Ai tempore : neque tamen conari ac velle desistis. Quoties jam tibi extorts est sica ista de manibus ? quoties vero excidit casu aliquo, et eiapsa est? tamen e a carer e diutius non potes: quae qu idem qui bus afys te initiata sacris ac devota sit, nescio, quod earn neceise • putas Cpnsulis in corpore defigere. VII. Nunc yero, qu35 tua est ista vita ? sic enim jam tecum loquar, non ut odio permotus efse videar, quo debeo ; sect ut misericordia, quae tibi nulla debetur. Venisti pauio ante in Seoatum ; quis te ex hac ' tanta frequentia, ex tot tuis amicis ac necelsariis salutavit?" Si hoc post hqminum memoriam con- tigit nemini, voeis expectas contumeliam, cum sis gravifsimo judicio taciturnitatis oppreisus? Quid, quod adventu tuo ista subsellia vacua facta sunt? quid, quod omnes consuiares, qui tibi' persaepc ad caedem constituti fuerunt, simulatque aisedisti, ■^partem istam subselliorum nudam, atque inanem reliqueruDt? Quo tandem ammo hoc tibi ferendum putas I Servi, mehercie mei, si me isto pacto metuerent, ut te metuunt omnes cives tui, domum meam relinq'uendam putarem: tu tibi urbem non ar- bitraris i 5 et, si me meis civibus injuria suspectum tain graviter atque infensum viderem, carere me aspectu civium, quam in- f'estis oculis omnium conspici mallem : tu cum conscientia sce- erum tudrum agnoscas odium omnium justum, et jam tibi diu debitum, dubitas, quorum mentes, sensusque vulncras, eorum aspectum praxsentiamque vitare ? Si te parentes timerent, at- que odifsent tui, neque eos uila ratione placare pofses, ut opi- nor, ab eorum oculis aliquo concederes : nunc te patria, quae communis est omnium nostrum parens, odit ac metuit ; et jamdiu de tc nihil judicat, nisi de pancidio suo, cogitare : hu- jus tu heque auctoritatem verebere, neque judicium sequere, Deque vim pertimesces ? qua; tecum, Catilina, sic agit, et cjuo- dammodo tacita loquitur: Nullum jam tot aimos tacinus exs' nisi per te : nullum rlagitium sine te : tibi urn multorum civium •neces, tibi vixatio direptioque sociorum impunita t'uit, ac li- bera: ( ,3 ) tu non solum ad negligendas leges et quuestiones, ve- (13) Tu non solum ad negligendas leges— ver mn etiam ad evertendas.l He pay be saici to neglect the laws, Who acts directly contrary to them, and js not awed by the punishment wherewith they threaten offenders. Again, we n;ay consider him as an overthrower of the laws, who, though mani- festly convicted of breaking them, yet by his credit and addrefs, funis means to snatch himself from the hands of justice. Catiiine was twice accused,- and the proofs were very .flagrant ; yet both times he had the ■'irefz to escape punishment. 127 office ? How many thrusts of thine, so well aimed that they seemed unavoidable, have I parried by an artful evasion, and, as they term it, a gentle defection of body? You attempt, you contrive, you set pn foot noihiag, of which I nave not timely Information : yet you cease not to concert, and enterprise. How often has that dagger" been wrested out of thy hands ? How often, by some accident, has it dropped before the mo- ment of execution ? Yet you cannot resolve to lay it aside. How, or with what rites you have consecrated it, is hard to say, that you think yourself thus obliged to lodge it in the bosom of a consul. Sect. VIL What are we to think of your present situation and conduct? For I will now addreis 3~ou, not with the detest- ation your actions deserve, but -with a compafsion to which you have no just claim. You came some time ago into the senate. Did a single person of tins numerous aisemhly, not excepting your most intimate relations and friends, deign to salute you ? If there be no instance of this kind in the memory of man, do you expect that I should embitter with reproaches, a doom confirmed by the silent detestation of all present ? Were not the benches where you sit forsaken, as soon as you was observed to approach them? Did not all the consular senators, whose destruction yon have so often plotted, quit im- mediately the part of the house where you thought proper to place yourself^ How are } 7 ou able to bear all this treatment ? For my own part, were my slaves to discover such a dread of me, as your fellow-citizens exprefs of }~ou, I should think it neces- sary to abandon my own house: and do you hesitate about leaving the city ? Was I even wrongfully suspected, and thereby rendered obnoxious to my countrvmen ; I would sooner with- draw myself from public view, than be beheld with looks full of reproach and indignation. .And do you, Lwhose conscience . tells you that you are the object of an universal, a just, and a long-merited hatred, delay a moment to escape from the looks and presence of a people, whose eyes and senses can no longer endure you among them ? Should your parents dread and hate } r ou, and be obstinate to all your endeavours to appease them, you would- doubtlefs withdraw somewhere from their sight. But now your country, the common parent of us all, hates and dreads you, mid has long regarded you as a parricide, intent upon the design of destroying her. And will you neither re* spect her authority, submit to her advice, nor stand in awe of Jiqv power? TSus does she reason with yoa, Catiline; and thus does she, in some measure, addrefs you by her silence : Not an enormity has happened these many years, but has had thee for its author : not a crime has been perpetrated without thee : the > many • 5 73 M. T. CICER0NI5 ORATIONES, rum etiam ad evertendas, perfringendasque valuisti. Superiora ilia, quamquam ferendanon fuerunt, tamen, ut potui, tuli: nunc vero me totam efse in metu propter te unum: quidquid incre- puent, Catjlinam timeri: nullum videri contra me consilium inire pofse, quod a tuo scelere abhorreat, non est ferendum. Quamobrem discede, atque llunc mihi timOrem eripe : si est yerus, ne opprimar ; sin ralsus, ut tandem aliquando tiinere de- si nam. VIII. Haec si tecum, ut dixi, patria loquatur, nonne impetrare debeat, etiamsi vim adhibere non pofsit? Quid, quod tu te ipse in custodiam dedisti ? quid, quod vitandas suspicionis causa, apucj M. Lepidum te habitare Telle dixisti? a quo non receptus, etiam ad me venire ausus es ; atque ut domi mea3 te afservarem ro- gasti. Cum a, me quoque id responsum tulifses, me nullo modo pofe iisdem parietibus tutd efse tecum, qui magno in periculo efse'm, quod iifdem mcenibus contineremur; ad Q. Metellum Fraetorem venisti : a quo repudiatus, ad sodalem tuum, yinim optimum, M. Marcellum, demigrasti •" quern tu videlicet et ad custodiendum te diligentifsimum, et ad suspicandum sagacifVi- riium, et ad vindicandum fortifsimum fore putasti. Sed qua.ru longe videtur a carcere atque a vi^Culis abefse debere, qui seip- sum jam dignum custodia judicaveritrf'Quae cum ita sint, Cati- lina ; dubitas, si hie emori aequo artimo non potes, abire in ali- quas terras, et vitam istam muitis suppliciis justis debitisque erep- tarn, fugae solitudinique mandare ? Refer, inquis, ad Senatum (id enim postulas), et, si hie ordo sibi placere decreverit, te ire in exilium, obtemperaturum te efse dicis. Non referam id quod C 4 ) abhorret a, meis moribus: et tamen faciam, ut intel- hgas quid hi de te sentiant. Egredere ex iirbe, Catilina, li- bera rempub. metu : in exsilium, si banc vocem exspectas, pro- ficiscere. Quid est, Catilina ? ecquid attendis ? ecquid ani- madvertis horum Pentium ? patiuntur : tacent: quid expectas auctoritateiri loquentium, quorum voluntatem taatorum per- spicis? At si hoc idem huic adolescenti optimo, P. Sextio, si iortifsimo viro M. Marcello dixifsem, jam mihi consulj hoc ipso in templo, jure optimo, Senatus vim et manus intulifset ; de te autem, Catilina, cum quiescunt, probant: cum patiuntur, decemunt : cum tacent, clamant ; neque hi solum, quorum (14) Jbhorret a meis fnorihu$. r \ As Cicero was by his nature extremelv averse tp every thing that looked like severity and crueity, he industri- ously avoided bringing the matter before the^senate, by whom he foresaw Catiline could not fail of being condemned. For though no sentence could exceed the measure of his crimes, yet our orator chose rather to drive him. from the city, as a course that would draw lefs odium upon himself, and yet prove equally fatal to the conspiracy. CICERO'S ORATIONS. 1 29 of our allies, has through thee alone escaped punishment, and been exercised with unrestrained violence: thou hast found means not only to trample upon law and justice, but even to subvert and destroy them. Though this past behaviour of thine was beyond all patience, yet have I borne with it as' I could. But now, to be in continual apprehension from thee alone ; on every alarm to tremble at the name of Catiline^ to see no de- signs formed against me that speak not thee for their author , is altogether insupportable. Be gone then, and rid me of my present terror ; that, if just, I may avoid ruin ; if groundlefs, I may at length cease to fear. i .' • • ■ Sect^. VIIif~Should your country, as I said, addrefs you in these terms, ought she not to find obedience, even supposing her unable to compel you to such a step ? But did you not even offer to become a prisoner? Did you not say, that to avoid sus- picion, you would submit to be confined in the house of M. Le~ pidus ? When he declined receiving you, you had the afsurance to come to me, and request you might be secured at my house. When I likewise told you, that I could never think myself safe in the same house, when I judged it even dangerous to b,e h% the same city with you, you applied to Q. Metellus the praetor. ( Be- ing repulsed here too, you went to the excellent M. Marcellus, your companion ; who, no doubt, you imagined would be very- watchful ill confining you, very quick in discerning your secret practices, and very resolute in bringing you to justice. \ How justly may we pronounce him worthy of irons,and a jail, whose own conscience condemns him to restraint?! If it be so then, Catiline, and you cannot submit to the thougrit of dying here, do you hesitate to retire to some other country, and commit to flight and solitude a life so often and so justly forfeited to thy country ? But, say you, put the question to the senate, (for so you affect to talk,) and if it be their pleafure that I go into banishment, I am ready to obey. I will put no such question ; it is contrary to my temper : yet will I give you an oppor- tunity of knowing- the sentiments of the senate with regard to you. Leave the city, Catiline; deliver the republic from its fears; go, if you wait only- for that word, into banishment. Observe now, Catiline ; mark the silence and composure of the afsembly. Does a single senator remonstrate, or so much as offer to speak ? Is it needful they should confirm by their voice, what they so exprefsly declare by their silence ? But had I addrefsed myself in this manner to that excellent youth P. Sex- tius, or to the brave M. Marcellus; the senate would ere now haverisen up against me, and laid violent hands upon,their consul, in this very temple ; and justly too. But with regard to you, Ca- tiline, their silence declares their approbation, their acquiescence amounts to a decree, and by saying nothing they proclaim their nO S*„ T. CICERONK ORATIONES *ibi auctoritas videlicit cara, vita vilifsima ; sed etiam illi equitqs Horn, honestifsimi, atque optimi viri, caeterique fortifsimi cives, qui circumstant striatum : quorum tu et frequentiam videre, et stadia perspicere et voces paulo ante exaudire potuisti ; quorum ego vix abs te jamdiu manus ac tela contineo ; eosdem facile ad- ducam, ut te haee, quae jampridem vastare studes, relinquentem usque ad portas prosequantur* IX. Quamquam quid loqu or ? te ut ulla res frangat? tu ut unquam te corrigas ? tu ut ullam fugam meditere ? tu ulium ut exiiium cogites? Utina'm tibi istam nientem dii immortules darent ? tametsi video, si mea voce perterritus ire in exiiium, animum induxeris, quanta tempestas invidiae nobis, si minus in pnesens tempus, recenti memoria scelerum tuorum, at in pos- teritatem impendeat. Sed est mihi tanti, dummodo ista privata sit calamitas, et a reipub. periculfe sejungatur. Sed tu ut vitiis tuis eommoveare, ut legum poenas pertimescas, ut tempoiibus reipub. cedas, non est postulandum ; neque enim, Catilina, is es, ut te aut pudor a turpitudine, aut metus a periculo, aut ra- tio a. furore revoearit. * Quamobrem, ut saepe jam dixi, proficis- cere : ae si mihi inimico, ut praedicas, tuo conflare vis invidiam, recta perge in ex ilium: vix feram sermones hominum, si id feceris: vix molem istius invidiam, si in exiiium ieris jufsu con- sulis, sustinebo; sin autem servire meae laudi et glorias mavis, egredere cum importuini sceleratorum manu: confer te ad Manliiim, concita perditos cives ; secerue te a, bonis : infer patriae bellum ; exsulta impio latrocinio ; ut a, me non ejectus ad alienos, sed invitatus ad tuos itse videaris. Quamquam quid ego te invitem, a quo jam sciam else praemifsos, qui tibi ad Forum Aurelium pricstolarentur armati ? cum sciam pactam et constitutam efse cum Manlio diem? a quo etiam ( 5 ) aquilam iilam argenteam quam tibi ac tuis omnibus perniciosam efse confido et funestam futuram, cui domi tuae sacrarium scelerum. tuorum con stitu turn fuit, sciam efse praemiisam ? Tu ut ilia diotius carere pofsis, quam venerari ad caedem proficiscens solebas ? a cujus altaribus saepe istam dextram impiam ad necem civium transtulisti ? (15) Aquilam illam argenteam.~\ It is well known that the eagle was the proper standard of the, Roman armies. Each legion had one : and as there 'w ere ten cohorts in every legion, the iirst cohort always claimed the ho- nour of guarding the standard. -We learn from history, that the Roman standards, and especially the eagle, were held in the greatest veneration by the soldiers ; who even worshipped them as deities, and swore b\ them. The eagle of which Cicero here speaks, and which Catiline kept so religi- ously, is said to have been the same which Maims had in the war with the Gimbri. » cicero's orations. 131 consent. Nor is this true of the senators alone, whose authority you affect to prize, while you make no account of their lives ; but of these brave and worthy Roman knights, and other illus- trious citizens, who guard the avenues to the senate ; whose numbers you might have seen, whose sentiments you might have known, whose voices a little while ago you might have heard ; and whose swords and hands I have tor some time with difficulty restrained from your person. Yet all these will I easily .engage to attend you to the very gates, if you but consent to leave this city, which you have so long devoted to detruction. Sect. IX. But why do I talk ? as if your resolution was to be shaken ? or there was any room to hope you would reform ? /Can we expect you will ever think of flight ? or entertain the design of going into banishment ? May the immortal gods in-, spire you with that resolution ! Though I clearly perceive, should my threats frighten you into exile, what a storm of envy will light upon my own head:, if not at present, whilst the memory of thy crimes is fresh, yet surely in future times. But J little regard that thought, provided the calamity falls on my- self alone, and is not attended with any danger to my country. But to feel the stings of remorse, to dread the rigour of the laws, to yield to the exigencies of the state, are things not to be expected from thee. /Thou, O Catiline, art none of those, whose shame reclaims from dishonourable pursuits, fear from. danger, or reason from madnefs. Be gone, then, as I have already often said ; and if you would swell the measure of po- pular odium against me, for being, as you give out, your ene- my, depart directly into banishment, i By this step you will bring upon me an insupportable load of censure ; nor shall I be able to sustain the weight of the public indignation, shouldst thou, by order of the consul, retire into exile. But if you mean to advance my reputatj origan d glory, march off with ytmt abandoned crew of ruffians ^repair to Manlius; rouze v every desperate citizen to rebel ; separate yourself from the worthy ; declare war against your country ; triumph in your impious depredations ; that it may appear you was not forced by me into a foreign treason, but voluntarily joined your afsociates. Bat why should I urge you to this step, when I know you have already sent forward a body of armed men, to wait you at the Forum Aurelium ? when I know you have concerted and fixed a day with Manlius ? when I know you have sent off the silver eagle, that domestic shrine of your impieties, which I doubt not Will bring ruin upon you and your accomplices ? can you absent yourself longer from an idol to which you had re- course in every bloody attempt? and from whose altars that impious right hand was frequently transferred to the murder of your countrymen ■? 3 132 M. T.CICERONIS ORATIONES. X. Ibis tandem aliquando, quo te jampridem tua ista cupidi- tas effrenata ac furiosa rapiebat ; neque enim tibi haec res affert dolorem, sed quandam incredibilem voluptatem : ad hanc te ameutiam natura peperit, voluntas exercuit, fortuna servavit; nunquam tu non modd otium, sedne bellum quidem, nisi nefa- vium concupisti ; nactus es ex. perditis, atque ab omnt non modo fortuna, verum etiam spe derelict! s, conflatam improborum manum ; hie tu qua lsetitia perfruere ? quibus gaudiis exsulta- bis ? quanta in yoluptate bacchabere, cum in tanto numero tuorum neque audies vh'um bonum quemquam, neque videbis ? Ad hujus vitae studium meditati illi sunt, qui feruntur, Jabores pm : jacere humi non modo ad bbsidendum stuprum, verum- etiam ad facinus obeundum : vigilare non solum ad insidiandum somno maritorum, verum etiam bonis occisorum. Habes ubi osteiites illam praeclaram tuam patientiam famis, frigoris, inopi^e rerum omnium ; quibus te brevi tempore confectum else fenties. Tantum profeci turn, cum te a consulatu repuli, ut exsul po- tius tentare, quam consul vexare rempub. poises : atque ut id, quod efset a te scelerate susceptum, latrocinium potius quam bellum nominaretur. XL Nunc ut a me, P. C. quandam prope>justam patriae quaerimoniam detester ac deprecer ; percipite, quaeso, diligent er quae dicam, et ea penitus animis vestris mentibusque mandate. Etenim si mecum patria, quae mihi vita mea multo est carior, si cuncta Italia, si ornnis respub. loquatur: M. Tulli, quid agis ? tu-ne eum, quern efse hostem comperisti, quern ducem belli futurum vides, quern exspeetari imperatorem in castris hostium sentis, auctorem sceleris, principem conjurationis, evocatorem servorum et civium perditorum, exire patieris, ut abs te non emiisus ex urbe, sed immifsus in urbem efse videa- atur? non-ne hunc in vincula duci, non ad mortem rapi, non summo supplicio mactari imperabis ? Quid tandem impedit te ? inos-ne major urn ? at persaepe etiam privati in hac repub. per- niciosos cives morte multarunt ; an leges, quae de civium Roman- prum supplicio rogatae sunt? at nunquam in hac urbe ii, qui a, repub. defecerunt, civium jura tenuerunt j an invidiam posterita- CiCero's oration's. 133 Sect X. Thus will you at length repair, whither your fran- tic and unbridled rage has long been hurrying you. Nor does , this ifsue of thy plots give thee pain ; but, on the contrary, fills thee with inexprefsible delight. Nature has formed you, inclination trained you, and fate reserved you for this despe- rate enterprize. You never took delight either in peace or war, unlel's when they were flagitious and destructive. \.?You have got together a band of rulfians and profligates, not*only utterly abandoned of fortune, but even without hope, With what pleasure will you enjoy yourself? how will you exult? how will you triumph? when among so great a number of your associates, yOu shall neither hear nor see an honest man ? -To attain the enjoyment of such a life, have you exercised yourself in all those toils which are emphatically styled yours : your tying on the ground, not only in pursuit of lewd amours, but of bold and hardy enterprizes: your treacherous watchful- nefs, not only to take advantage of the husband's slumber, but to spoil the murdered citizen. Here may you exert all that boasted patience of hunger,, cold, and want, by which how- ever you will shortly find yourself undone ,/ So much have I gained by excluding you from the consulship, that you can only attack your country as an exile, not opprefs her as a con- sul ; and your impious treasons will be deemed the efforts, not of an enemy, but of a robber. Sect. XI. And now, conscript fathers, that I may obviate and remove a complaint, which my country might with some appearance of justice urge against me ; attend diligently to what I am about to say, and treasure it up in your minds and hearts. For should my country, which is to me much dearer than life ; should all Italy, should the whole state thus accost me, Wha{; are you about, Marcus Tullus ? Will you suffer a man to escape out of Rome, whom you have discovered to be a public enemy ? whom you see ready to enter upon a war against the state ? whose arrival the conspirators wait with impatience, that they they may put themselves under his conduct ? the prime author of the treason; the contriver and manager of the revolt ; the man who enlists all the slaves and ruined citizens he can find; will you suffer him,, I say, to escape; and appear as one rather sent against the city, than driven from it ?\ will you not order him to be put in irons, to be dragged to execu- tion, and to atone for his guilt by the most rigorous punish^- ment ? What restrains you on this occasion ? is it the custom of our ancestors? But it is well known in this commonwealth, that even persons in a private station have often put pestilent citizens to death. , Do the laws relating to the punishment of Roman citizens hold you in awe ? Certainly traitors against their country can have no claim to the privileges of citizens. 134 M. T. CICERQNIS ORATION£S. tis timas ? prseclaram vero populo Rom. refers gfafciarri, qui te hominem per te cognitum, milia- tes, patriae, latrones Italise, scelerum fcedere inter se ac nefaria societate conjunctos, aetefhis suppliciis, vivos mortuosque mactabis. (18) Hisce ominibus, Catilina.'] The heathens superstitious!}- observed whatever was said on their undertaking a journey, or any enterprize. Some of the greatest men have laid aside an undertaking, or been encou- raged in the pursuit of it, by a word dropt by chance. All the Roman historians, particularly Livy, are full of this ridiculous conceit. This so- lemn imprecation, therefore, pronounced by the consul, in the temple of Jvpiter Stator, was like the highest excommunication, and would be construed a bad omen to Catiline by all -those of his audience, who had any regard for the religion of their country. -> 137 CICERO S ORATIONS. Sect. XIII. It is now a long time, conscript fathers, that we have trode amidst the dangers and machinations of this con- spiracy ; but I know not how it comes to pafs, the. full matu- rity of all those crimes, and of this long ripening rage and in- solence, has now broke out during the period of my consul- ship. Should he alone be removed from this powerful band of traitdrs, it may abate, perhaps, our fears and anxieties for a while ; but the danger will still remain, and continue lurking in the veins and vitals of the republic. For as men, opprefsed with a severe fit of illnefs, and labouring under the raging heat of a fever, are often at first seemingly relieved by a draught of cold water ; but afterwards find the disease return upon them with redoubled fury : in like manner, this distemper which has seized the commonwealth, eased a little by the punishment of this traitor, will from his surviving afsociates soon afsume new force. Wherefore, conscript fathers, let the wicked retire, let them separate themselves from the honest, let them rendez- vous in one place. In fine, as I hav^ often said, Jet a wall be between them and us : let them cease tb lay snares for the con- sul in his own house, to beset the tribunal of the city praetor, ' to invest the senate-house with armed ruffians, and to prepare fire-balls and torches for burning the city : in short, let every man's sentiments with regard to the public be inscribed on his forehead. This I engage for and promise, conscript fathers, that by the diligence of the consuls, the weight of your autho- rity, the courage and firmnefs of the Roman knights, and the unanimity of all the honest, Catiline being driven from the city, you shall behold all his treasons detected, exposed, crushed^ and punished. >Vith thefe omens, Catiline, of all prosperity to the republic, but of destruction %o thyself, and all those who have joined themselves with thee in all kinds of parricide, go thy way then to this impious and abominable war : whilst thou, Jupiter, whose religion was established with the foundation of this city, whom we truly call Stator, the stay and prop of this empire, wilt drive this man and his accomplices from thy altars and temples, from the houses and walls of the city, from the lives and fortunes of us all ; and wilt destroy with eternal pu- nishments, both living and dead, all the haters of good men, the enemies of their country, the plunderers of Italy, now confe- derated in this detestable league and partnership of villainy K ORATIO V. a. IN L. CATILINAM* I : . np'ANDEM aliquando, Quirites, L. Catilinam fiirentem' JL auclacia, scelus anhelantem, pestem patriae nefarie moli- .enteni, vobis atque huic urbi ferrum flamraamque minitantem, ex urbe (') vel ejecimus, vel emisimus, vel ipsum egredientem verbis prosecuti sumus.. Abiity excefsit, evasit, erupit ; nulla jam pernicies a monstro illo, atque prodigio mtenibus ipsis intra nicenia comparabitur. Atque nunc tmidem unum hujus belli do'mesticiducem sine controversia vicimus; non jam inter Iatera nostra sica ilia versabitur : non in campo, non in f'oro, non in curia, lion denique intra domesticos parietes pertimescemus ; loco ille inotus est, eum est ex urbe depulsus ; palam jam cum hoste, *' Catiline, astonished by the thunder of the last speech, had little to say for himself in answer to it; yet, with downcast looks, and suppliant voice, he begged of the fathers, not to believe too hastily what was said against hirn by an enemy ; that his birth and past life offered every thing to him that was hopeful; and it was not to be imagined that a- man of patrician family, whose ancestors, as well as himself, had given many proofs of their affection to the Roman people, should want to overturn the government; while Cicero, a stranger, and late inhabitant of Rome, was so zealous to preserve it. But as he was going on to give foul language, the senate inter- rupted him by a general outcry^ calling him traitor and parricide: upon which, being furious and desperate, he declared again aloud what he had said before to Cato, that since he was circumvented and driven headlong by his enemies, he would quench the flame which was raised about him by the common ruin ; and so rushed out of the afsembly. As soon as he was come to his house, and began to reflect on what had pafsed, perceiv- ing it in vain to difsemble any longer, he resolved to enter into action im- mediately, before the troops of the republic were increased, or any new levies made; so that after a short conference with Lentulus, Cethegus, and the rest, about what had been concerted in the last meeting, havitij giving fresh orders and afsurances of his fpeedy return at th' 1 head of a strong army, he left Rome that very night with a small'retinue. to makt 'the best of his way towards Etruria. He no sooner disappeared, than his friends gave out that he was gone into a voluntary exile at Marseilles ; which was industriously spread through the city the next morning, to raise an odium upon Cicero for driving an innocent man into banishment, without any previous trial or proof of hjs guilt. But Cicero was too well informed of his motions to entertain any doubt about his going to Manlius's camp, and into actual rebellion. He knew that he had sent thither al- ready a great quantity of arms,, and all the ensigns of military command, ORATION V. 2. AGAINST CATILINE. Sect. I. A T length, Romans, have we driven, discarded, and Xjl pursued with the keenest reproaches to the veiy gates of Rome, L. Catiline, intoxicated with fury, breathing mischief, impiously plotting the destruction of his 'country, and threatening to lay waste this city with fire and sworch He is gone, he is fled, he has escaped, he has broke away. No longer shall that monster, that prodigy^ of mischief, plot the ruin of this city within her very walls. We have gained a clear conquest over this thief and ringleader of domestic broils. His threatening dagger is ho longer pointed at our breasts, nor shall we now any more tremble, in the field of Mars, the forum, the senate-house, or within our domestic wails. -with that silver eagle which he used to keep with great superstition in his house, for its having belonged to C. Marius, in his expedition against the Cimbri. But, lest the story should make an ill imprefsion on the city, he called the people together into the forum, to give them an account of what pafsed in the senate the day before, and of Catiline's leaving Rome upon it. And this makes the subject of the oration now before ust , (1) Vel ejecimus, vel emisimus, vel ipsum egredientem, &c] Ejicere is when a man is forced from a place against his will. Emittere implies his being dispatched upon some affair with his own consent. In both cases, however, the will of another is concerned. Egredi is an act entirely our own, to which neither force nor perfuasion, but a voluntary impulse prompts us. All these exprefsions may be in some measure applied to Ca- tiline, us we see Cicero in fact does in this paragraph. He was forced from Rome against his will, because his intention originally Was, not to leave the city till Cicero was taken off. He was sent away with his own consent^ because, seeing all his designs discovered, and his most secret naachinations brought to light, he plainly perceived that he could not con- tinue any longer in Rome! with safety.. In fine, he quitted the place of h* own choice, because there was nothing he was more earnestly set upon than to repair to Manlius's camp. The four words Cicero uses immedi- ately after, abiii, excefsit, evasit, erupit, are not to be considered as a string of synonimus terms, but form a kind of climax, in which the exprekion gradually grows in force. Abiit, he is gone, implies only a bare removal. Excefsit, he has quitted us, as if indeed by some urgent reasons. Evasit, he has escaped, as if from a place where he could no longer remain in safety. Erupit, he hath broke from us, as if he had dreaded being detained from Manlius's camp, wfritjier. he was very desirous to go, K2 140 M. T. CICERONIS ORATIONESV nullo impsdiente, belliim justurn geremus. Sine dubi dimus bominem, magnificeque vicimus, cum ilium ex insidiis in. apertum iatrocinium conjecimus. Quod ^ cruentum mucronem, ut voluit, extulit, quod vivis nob sus est, quod ei ferrum de mambus extorsimns, quod ii cives, quod stantem ui'bem reliqiiit, quanto tandem ilium mcerore afflictum else et profligatum putatis? Jacet ille nunc, prostra- tusque est, Quirites, et se pereulsum, atque abjectum efse sen- tit; et retorquet oculos profecto saepe ad hancurbem, quam ex suis faucibus ereptam else luges : quae quidem lartari milii vide- tur, quod tantam pestem cvomuerit, forasque projecerit. II. At si quis est talis, quales efse omnes oportebat, qui hoe in ipso, in quo exultat et triumphat oratio mea, me vehementer accuset, (*) quod tarn eapitalem bostem non comprehenderim potius, quam emiscrnn : non est ista mea ciHpa, Quirites, sed temporum. Interemptum efe L. Catilinam, et gravifsimo sup- plicio aifectum jampridem oportebat: idque a me et mos ma- jorum, et hujus imperii severitas, etrespub. postulabat. (3) Sed quam multos fuifse putatis, qui, quae ego deferrem, non ere- derent? quam multos, qui propter stultitiam non putarent? quam multos, qui etiam defenderent? quam multos, qui prop- ter improbitatem faverent ? Ac si, sublato illo, depelli a vobis omne periculum judicarem, jampridem ego L. Catilinam non modo invidiam mere, verum etiam vita? periculo siistuliisem ; sed cum viderem,. ne vobis quidem omnibus re etiam turn probata,, si ilium, ut erat meritus, morte multafsem, fore ut ejus socios invidia opprefsus persequi non poisem ; rem buc deduxi, ut turn palam pugnare poisetis, emu bostem aperte videretis. Qr.cm (2) Quod tarn eapitalem hostem non comprehenderim potius, quam end- serim.~] It must doubtlefs appear very strange to some, that Cicero, when he had certain information of Catiline's treason, instead of seizing him in the city, not only suffered, but urged his escape, and forced him as it were to begin the war. But, as he intimates here, and in many other parts of his speeches, there was good reason for what he did. He had many ene- mies among the nobility, and Catiline many secret friends; and though he was perfectly informed of the whole progrefs and extent of the plot, yet the proofs being not ready to be laid before the public, Catiline's difsimu- lation still prevailed, and persuaded great numbers of his innocence ; so t4iat if he had imprisoned and punished him at this time, as he deserved,, the whole faction were prepared -to raise a general clamour against him, by representing his administration as a tyranny, and the plot as a forgery contrived to support it : whereas by driving Catiline into rebellion, he made all men see the reality of their danger; while, from an exact ac- count of his troops, he knew them to be so unequal to those of the repub- lic, that there was no doubt of his being destroyed, if he could be pushed to the necefsity of declaring himself before his other projects were ripe for execution". He knew also, that if Catiline was once driven out of the city, and separated from his accomplices, who were a lazy, drunken, thoughtlefs crew, they would ruin themselves by their own rashnef*. and be easily drawn into any trap which he should lay for them. The event showed that he judged right ; and by what happened afterwards,. VUEEPXfa ©**TrOKl. ^ I%1 ^ihuaittg trim froth the ottr, ire kuro forced hit most *&> *antageous post. We sliaH now, without oof u^sitioo, ceiny^cfe a just war against an open mrnrrr Mr hum i ilin (inillj i uUrnfl the mutt, and gained .a glorious victory, - by driving hmi InUi his secret piots into open rebellion. But how do you* tlaink . it he over whehncd and crushed wiUi respret, at carryuig away his dagger unbuthed i n Wood, at leaving, the city Wore he ttarf effected tny death, at seeing the wen poos prepared tor our da* st r uctian « rested out of his hands; in a word, that Heme is <*th" standing and her ettirens safe .lie is now u;uits over- thrown, Houaani, and perceives himself impotent-ami despised, often casting baek liis eyes upon this city, which he sees, with regret, resetted from hi* destf uetlvfcjaws <; ami which seems to «e to rejoice for lowing dtegttf getf -and rid herself of so pestilet* acitaicri. . Secx. fi. But if ,*kerfr>e\a*y tane, .who Jrf^^faffM* I am Uoastiug of,, a* you all noticed .justly uwy, .ihatJ.^M j*Jt ruttwq seiae Auau ; seaway so capital, an enemy ; that is not joy {auk, citizens but tlua tault of tne tunes- Catiline tnjgtyt Jong ago to have sud'ercd the last puuishojeut ; the e«*toau i|f our ancestor*, the discipline at the empire, and the repMhlic itself vequised it ; but how many would tbeee have been, who wouk} not have belie ve^.wljat i clmrged him with ? How many who,, through weakueis, would never ba*e imagined it ? how »auy who would even havo defended liini ? how nway who, through wickoduefs, wouW h«ve espoused his cause ? But had I judged that bis iWath would have put a heal period to all your dangers, I would lon^ ago have ordered him to execution, at tlienazard not only ot public censure, l>ut even of my life. Bat when I saw^ that by scutencing him to the death lie deserved, and before yeh were alt fully convinced of iiis guilt, I shdu|d have drawn upon myself such an> odium as would hare ren- dered ine unahle to prosecute his accomplices j 1 brought the matter to this pointy that you might then opeidy and rigorously atttck Catiline, when he was upj»arcntly become a public ene- my. \$uat kind of an enemy I judge him to be, ahd how both feo&fttihae ami to liiuiM.-h, it appeared, that, as far a» human caution could resell, he acted vita .-the utmost prudeuoe m regard a* well to ki* <,wu, as to the a*Wic safety. , h-.L ■ . .... (3) ted quant ttuttU* Juifse putatis^ £*cck> bene merrhoas three iuids of sneu, whose envy aod resentment he was like to incur, by proceeding to extremities aga*nst Catiline. i'ir%t, such as looked upon aim to be an enemv to CaiUi*»e> an account -of-tfce oxaueiUion that had artsear.tx- tweentfeem then* about the oamukbtp, waere our orator liad found him a very fiower ful rival* This induced then* to consider wast. Cicero al- leged a*ainwt *mh, as the gnuindtafs arf'-wrtions of a wan actuated by a mtmtifle of totrud. 'I toe second sort were iho*e who really believed there vas no conspiracy, aay were ready to defend Catiline, and weak en- i/el* to iroagtae Uim incapable of any soch designs. The third sort wefe the 'wicked and ufoHtKat*,. wlu*ho|>ed to reap advantage from the overtfuow oi tae state, and therefore' wished we!l to the conspiracy. K 3 ilfS M. T. CICERONIS ORATIONES. 4)uidem ego hostem, Quirites, quam Tchementer foris efee ti- tnendum putem, licet hinc intelligatis, quod illud etkim mole«te .f*to> qudtl ex urbe parum comitatus exierit. Utinam Die ,*Hnnersecum suas cppias eduxtfset. Tongilrom niihi editxit, -*raenx ainare in preetexta coepcrat ; Publictum et Munatium, • quorum aes alienum oontractum in popinft nullum reip. motum ♦jiflerrepoterat. Reliquit quos Tiros ? rmanto aheno are r quam valentesr quam nobilo^ ^IJ.iuque ego ilium exercitum, prx Gallicapis kgiapibus, et hoc delectu. (*) quern in agio Piceno et Gallico Q. McteJlu* ha- bint, et bi/J copiis qua* a nobis quotidie comparantur, magno- fiieje, ^contemno ; collecting ex senibus desperatis, ex agresti jj^uV^/ex rusticis mendRulis, ex decoctoribus, esiisqui va- uimonia deserere, quam ilium exercitum maluerunt ; quibup fo non modo si aciem exercitus nostri, verum etiam si edictum fctoris ostendero, concident. rtos, quos video volitarp foro, quos stare ad curiam, quos etiam in senatum venire ; -flui nitent unguentis, qui fulgent purpura, maflem sceum suos luilites eduxifset ; qui si iiic permanent, mementote non tarn exerGitom ilium efse nobis, quam hos, qui exercitum deserue- •rUnt, pertimesceodos. Atque hac etiam magis sunt timendi, . quod, quid cogitant, me scire, sentiunt, necjue tameti permo- frerfhtur. (*) Video, cui Apulia sit attributa, qui babcat Etrurram, qui agrum Picenum, qui Gallicum, qui sibi has urbanas insidjas fCiedls, atque incendiprum depoposcerit : Omnia superioris Boctis consilia ad me perlata else sentiunt; patefeci in sonar u hesterno die : Catilina ipse pertimuit, profngit ; hi quid ex- sfpsctant ? naj iUi vehementer errant, si illam meant pristinam Jenitatem per pet nam sperat futuram IV*. Quod exspectavi, jam sum afsecutus, ut voa omncs fac- tam else aperte conjurationcm contra rempubl. videretis: nisi " '■ ' ui ' • - ■ , „■ • »i . i a i ■ i _ (4) Qut'tl in agro Picertq^ ct Ga/Iico, Q_. MefJlus.lt \\ hen ti»o design of Jhe conspiracy came to be known, Q. Pompeius Rutus was sent to Capua, and Q. jMetellns Celea to Picenum, with commifsion to Kvy troops, and provide an army- sufficient to repel the clanger wherewith the stale was threatened. This sufficiently explains Cicero's meaning with respect to the levies in Picenum*. To understand what be farther says of the Gallic troops,' the reader must be informed, that the senate having decreed the provinces of Macedonia and Gaul to the two consuls of the present year, Macedonia fell to the lot of Cicero; which being one of the most lucrative provinces of the empire, our orator resigned it to his colleague Antony ; y, ho being overwhelmed with debt, and on that account suspected of fa- vouring the conspiracy, "was by this means drawn off from his old afsociates, and induced to act the part of a real friend to his country*. But neither did Cicero accept of Gaul, choosing rather to continue in Koine, and charge himself with the guardianship of the city. He therefore resigned his [province to'his friend Q. Met el his: and hence it is, that we find him so often boasting in his speeches, that he had rejected all the advantages of a pro- vincial command, in the view of rendering himself more serviceable to the tommonwealtii. 1*3 formidable in his attempts, you may learn from hence, citizens, that I am only sorry he went off with so few to attend him. I wish he had taken his whole forces along with him ; he has carried ofFTongillus indeed, the object of his criminal pafsion when a youth ; he has likewise carried off Pubjicius and Muna- tius, whose tavern debts would never have occasioned any commotions in the state. But how important are the men lie has left behind him? how opprefscd -with debt, how powerful, . how illustrious by their descent-? Sect. III. When therefore I think of our Gallic legions, and whom the territory of Picenuni, ,to whom Cisalpine Gaul. I see the man who de- manded the task of setting fire to the city, and filling it with slaughter. They know that I am acquainted with all the -se- crets of their last nocturnal meeting : I laid them open yesterday in the senate: Catiline himself was disheartened and fled; what then can these others mean ? They are much mistaken, if they imagine I shall always use the same lenity, j JU- Sect. IV. I have at last gained what I have hitherto been waiting for, to make you all sensible that a conspiracy is openly formed against the state ; unlefs there be any one who imagines that such as resemble Catiline may yet refuse to enter into his designs. There is'now therefore no more room for clemency^ the case itself requires severity. Yet I will still grant them one thing ; (5) Video, cui Apulia sit attributa,~\ Sallust tells us., that Catiline., come time before, had sent Manlius to Fcesulae, and the adjoining parts of Tus- cany ; Septimius Gamers to Ancona, and C. Julius into Apulia, to make levies. But Cicero seems here to mean some persons of greater note, yet in Rome., who were to command in chief in those countries, whose names are not left us by any historians, except that Marcus Cieparius is said, in the third oration against Catiline, to have been named to raise the shep- herds in Apulia. Lentulus, Cethegus, Statilius, and Cafsius, undertook to fire the city, and murder their fiercest enemies ; particularly, Cethegus promised to despatch Cicero, and even offered, with a small force, to at- tack the senate-house, and to cut off all the senate at once. K4 144 r, CICERONIS ORATIONES. vero si quis est, qui Catilinae similes cum Catilina sentire non putet. Non est jam lenitati locus, severitatem res ipsa flagitat; unum etiam nunc concedam : exeant, proficiscantur, ne pa- tiantur desiderio suiCatilinam mi serum tabescere: demonstrabo iter: Aurelia via profectus est : si accelerare volent, ad vespe- ram consequentur. O fortunatam remp. si quidem hanc sen- tinam hujus urbis ejecerit! uno mehercule- Catilina exaausto, relevata mihi et recreata resp. videtur. Quid enim mail aut sceleris aut excogitari potest, quod non jlle conceperit? quis tota Italia veneftcus, quis gladiator, quis latro, quis sica- rius, quis parricida, quis testamentorum subjector^ ( 6 ) quis cir- cumscriptor, quis ganeo, quis nepos, quis adulter, quae mulier infamis, quis corruptus juventutis,. quis corruptus, quis per- ditus inveniri potest, qui se cum Catilina non famiJiarifsime vixifse fateatur ? quae caedes per liosce annos sine illo facta est? quod nefarium stuprum non per ilium? Jam vero quae tanta in ullo unquam homine juventutus iliecebra fuit, quanta in illo ? qui si alios ipse amabat turpifsime, aiiorum amori fla- gitiosifsime serviebat : aliis fructum libidinum, aliis mortem pa- rentum, non modo impellendo, verum etiam adjuvando polli- cebatur. Nunc vero quam subito non solum ex urbe, verum etiam ex agris ingentem numerum perditorum hominum collegerat ? nemo, non modo Romae, sed nee ullo in angulo totius Italia* pppreisus aere alieno fuit, quern non ad hoc incredibile sceleris foeclus adsciverit. V. Atque ut ejus diversa studia in difsimili ratione perspicerc pofsitis, nemo est in ludo gladiatorio paulo ad facinus audacior, qui se non intimum Catilinae efse fateatur : nemo in scena levior £t nequior, qui se non ejusdem prope sodalem fuifse corame- moret. Atque idem tamen stuprorum et scelerum exercitatione afsuefactus, frigore et fame, et siti ac vigiliis perferendis, fortis ab istis suis sociis praedicabatur, cum industrial subsidia, atque instrumenta virtutis in libidine audaciaque consumeret. Hunc vero si sui fuerint comites secuti, si ex urbe exierint desperato- rum hominum flagitiosi greges, 6 nos beatos! orempubl. fortu- natam! 6 praeclaram laudem consulatus mei! Non enim jam sunt mediocres hominum libidines, non humanae audaciae, ac tolerandae : nihil cogitant, nisi caedem, nisi indendia, nisi rapinas : patrimonia sua profuderunt, fortunas suas obligun- runt : res eos jampridem, fides deficere nuper capit ; eadem tamen ilia, quae erat in abundantia, libido permanet. Quod {6) Quis cir cumscriptor— qui s nepos,~\ Cir cumscriptor means one who makes it his businefs to allure and entice youth into debauchery. This practice was become fo common at Rome, that they had established "it into a kind of art or profession. Nepos, besides its proper signiheation, is frequently used, as here, for a debauchee and prodigal, one who had difsipated his patrimony in luxury and voluptuousnefs" Sallust describes at large the abandoned profligate crew, from among whom Catiline chose his compa- nions. 145 let them quit the city, let them follow Cati miserable leader to languish in their absence. Nay, I will even tell them the way; it is the Aurclian road: if they make haste, they may overtake him before night. | O happy state, were it but once drained of this sink of wickednefs! To me ' the absence -of Catiline alone, seems to have restored fresh beauty and vi- gour to the commonwealth. What villainy, what mischief can be devised or imagined, that has not entered into his thought ? ( "What prisoner is to be found in all Italy, what gladiator, what robber, what afsafsin, what parricide, what forger of wdl Is, jv hat sharper, wdiat debauchee, what squanderer, what adulterer, w r hat harlot, what corrupter of youth, what corrupted wretch, 'what abandoned criminal, who Avill not own an intimate fami- liarity with Catiline? What murder has been perpetrated of late years without him ? What act of lewdnefs speaks not him for its author ? Was ever man pofsefsed of such talents for cor- rupting youth? To some he prostituted himself unnaturally; for others he indulged a criminal palsion. Many were allured by the prospect of unbounded enjoyment, many by the pro- nnse of their parents' death ; to which he not only incited them, but even contributed his afsistance. ^What a prodigious num- ber of profligate wretches has he just how drawn together,! not only from the city, but also from the country! There. is not a person opprefsed with debt, I will not say in Rome, but in the remotest corner of all Italy, whom he has not engaged in this unparalleled confederacy of guilt. Sect. V. But to make you acquainted with the variety of his talents, in all the different kinds of vice; there is not a gladia- tor in any of our public schools, remarkable for being audacious in mischief, who does not own an intimacy with Catiline; not a player of distinguished impudence and guilt, but openly boasts of having been his companion. Yet this man, trained up in the continual exercise of lewdnefs and villainy, while he was, wasting in riot and debauchery the means 0f.vir.tue. and supplies of industry, was extolled by these his afsocia/tes for his fortitude and patience in supporting cold, hunger, thirst, and watchings... Would his companions but follow him, would "this profligate fcrew of desperate men but leave the city j/iiow happy would "it be for us, how fortunate for the commonwealth, how glorious for my consulship ! It is not a moderate degree"*bf depravity, a natural or supportable measure of- guilt that now prevails. Nothing lefs than murders, rapines,- and conflagrations employ their thoughts. They have squandered away their patrimonies, they have wasted their fortunes in debauchery ; they have long been without money, and now their credit begins to fail them ; yet still diey retain the same desires, though deprived of the means of enjoyment. Did they amidst their revels and gaming, CICERONIS ORATIONES, n who et alea cOmmefsationes solum, et scorta queererent, efsent illi quidem desperandi, sed tamen efsent ferendi: hoc vero quis ferre pofsit, inertes homines fortifeimis viris insidiari, stultifsimos prudentifsimis, ebriofos sobriis, dormientes vigi- lantibus ? qui mihi accubantes in conviviis, complexi mulieres impudicas, vino languid^ confecti cibo, sertis redimiti, ungu- entis obliti, debilitati stupris, eructant sermombus suis caedam bonorum, atque urbis incendia : jfquibus ego confido impendere fatum aliquod ; et pcenas jamdiu improbitati, nequitiae, sceleri, libidini debitas^ aut instare jam plane, aut certe jam appropin- quare. Quos si mens consulatus, quoniam sanare noil potest, susiulerit; non breve neseio quod tempus, sed multa saecula propagarit reipnbjicae. Nulla est eninl natio, quam pertimes- camus : irallus rex, qui bellum populo Romano inferre pofsit ; omnia sunt externa, unius virtute, terra marique pacata ; dq- mesticum bellum manet: intus insidiae sunt; intus inclusum pe- riculum est: intus est hostis; cum luxuria nobis, cum amentia, cum scelere certandum est. Huic ego me bello ducem profite- er, Quirites: suscipio inimicitias hominum perditorum; qu» sanari poterunt, quacunque ratione sanabo: quae resecanda crunt, nonpatiar ad perniciem civitatis manere. Proinde aut exeant, aut quiescant: aut, si et in urbe, et in eadem mente permanent; ea quae merentur, exspectent. VI. At etiam sunt, Quirites, qui dicant a me in exilium eject urn, efse Catilinam, quod ego si verbo afsequi poisem, istos ipsos ejicenm, qui hasc loquuntur ; homo enim videlicet timi- 4us, et permodestus, vocem consulis ferre non potuit: simul atque ire in exilium jufsus est, paruit. Quid, quod hesterno die cum domi meae pene interfectus efsem, Senatum in acdeni Jovis Statoris convocavi ? rem omnem ad patres conscriptos de- tuli? quo cum Catilina venifset, quis eum Senator appellavit? quis salutavit ? quis denique ita aspexit ut perditum civem, ac non potius ut importunifsimum liostem ? quin etiam principes ejus ordinis partem illam subselliorum, ad quam ille accefserat, nudam atque i nan em reliquerunt/ Hie ego, vehemens ille Con- sul, qui verbo cives in exilium ejicio, quaesivi a Catilina, an n oct urn o convent u apud M. Leccam fuiiset, necne; cum ille homo audacifsimus, conscientia convictus, primo reticuifset ; |)atefeci ca&tera: quid ea nocte egifset, ubi fuiiset, quid in proximam constituifset, quemadmodum efset ei ratio totius bell; CICERo's ORATIONS. 147 .affect no other pleasures than those of lewdnefs and feasting, however desperate their case must appear, it might still not- withstanding be borne with. But it is altogether insufferable, that the cowardly should .pretend to plot against the brave, the foolish against the prudent, the drunken against the sober, the drowsy against the vigilant; who lolling at feasts, embracing mistrefses, staggering with wine, stuffed, with victuals, crowned with garlands, dawbed with perfumes, wasted with intempe- rance, belch in their conversations of mafsacring the honest, and firing the city. Over such, I trust, some dreadful fatality now hangs ; and that the vengeance so long due to their vil- lainy, baseneis, guilt, and crimes, is either just breaking, or just ready to break upon their heads. If my consulship, since it cannot cure,* should cut off all these, it would add no small period to the duration of the republic^ For there is no nation, which we have reason to fear; no fcing, who ''can make war upon the Roman people. Ail disturbances abroad, both by land and sea, are quelled by the virtue of one man. ^ But a do- mestic war still remains: the treason, the danger, the enemy is within. We are to comlq^t with luxury, with madnefs, with villainy. In this war I prorefs myself your leader, and take upon myself all the animosity of the desperate. Whatever can pofsibly be healed, I will heal ; but what ought to be cut off, I will never suffer to spread to the ruin of the pity. Let them therefore depart, or be at rest ; but if they are resolved both to remain in the city, and continue their wonted practices, let them look for the punishment they deserve. Sect. VI. But some there are, Romans, who afsert, that I have driven Catiline into banishment. And indeed, could words compafs it, I would not scruple to drive them into exile too. Catiline, to be sure,' was so very timorous and modest, that he could not stand the words of the consul ; but being ordered into banishment, immediately acquisced and obeyed. Yester- day, when I ran so great a hazard of being murdered in my own house, I assembled the senate in the temple of Jupiter Stator, and laid the whole affair before the conscript fathers. When Catiline came thither, did so much as one senator accost or sa- lute him? In fine, did they regard him only as a desperate citi- zen, and not rather as an outrageous enemy ? Nay, the consu- lar senators quitted that part of the house where he sate, and left the whole bench clear to him. i Here I, that violent consul, who by a single word drive citizens into banishment, demanded "of Catiline, whether he had or had not been at the nocturnal meeting in the house of M. Lecca. And when he, the most, audacious of men; struck dumb by self-conviction, returned no answer, I laid open the whole to the senate ; acquainting them with the transactions of that night, where he had been> what 145 M. T\ CICERONIS OStATIONES. descripta, edocui; cum haesitaret, cum teneretur; quassivi quid dubitaret eo prohcisci, quo jampridem pararet: cum arma, cum! secures, cum fasces, cum tubas, cum signa militaria, cum aqui- lam illam argenteam, cui ille etiam sacrarium scelerum domi suae fecerat, scirem else praemifsam. In exilium ejiciebam, quern jam ingrefcum else in bellum videbam? Etenim, credo, Manlius iste, centuno, qui in agro Fesulano castra posuit, bel- lum populo Romano suo nomine indixit: et ilia castra nunc non Catilinam ducem exspectant: et ille ejectus in exilium, se ( 7 ) Mafsiiiam, ut aiunt, non in haec castra conferet. VII. O conditionem miseram non modo administrandse, ve- rum etium conservandae reipublicae ! nunc si L. Catilma consiliis, laboribus, periculus meis circumclusus ac debilitatus subito per- timuerit, sententiam mutaverit, deseruerit suos, consilium belli faciendi abjeeerit, ex hoc cursu sceleris et belli, iter ad fugam atque exilium converterit; non ille a me spoliatus armis auda- eiag, non obstupefactus ac perterritus mea diligentia, non de spe conatuque depulsus, sed indarnnatus, mnocens, in exilium ejectus a consule, vi et minis efse dicetur : et erunt, qui ilium, si hoc feberit, non improbum, sed miserum ; me non diligentis- simum consulem, sed crudelifsimum tyrannum existimari ve- lint. Est mihi tanti, Quirites, hujus invidiae falsae atque iniquaj tempestatem subire, dummodo a vobis 'hujus horribihs belli ac nefarii periculum depellatur. Dicatur sane, ejectus efse a me, dummodo eat in exilium; sed mihi credite, non est iturus. Nunquam ego a Diis immortahbus optabo, Quirites, invidiam roeae levandae causa, ut L. Catilinam ducere exercitum hostium, atque in armis volitare audietis: sed triduo tamen audietis: inuitoque magis illud timeo, ne mihi sit, invidiosum aliquando, quod ilium emiserim potius, quam quod ejecerim. Sed*cum sint homines, qui ilium, cum profectus sit, ejectum else dicant; iidem, si interfectus efset, quid dicerent? Quanquam isti, qui Catilinam Mafsiiiam ire dictitant, non tain hoc queruntur, quam verentur. Nemo est istorum tain misericors, qui iilum non ad Manlium, quam ad Mafsilienses ire malit^ Ille autem, si, me- bercule, hoc, quod agit, nunquam ante cogitafset, tamen lutro- cinantem se interfici mallet, quam exsulem vivere: nunc vero, (7) Mafsiiiam.'] We learn from Salhtst, that Catiline, upon his leaving Rome, wrote letters to some of the most considerable senators, informing them, that being persecuted with false accusations, and finding himself unable to resist the faction of his enemies, he had thought proper to retire to Marseilles ; not from a consciousnefs of any guilt. "but to prevent the disputes that might be raised on his account. Marseilles was a celebrated city of Narbonese Gaul, renowned for the learning and politenefs of its in- habitants, and of whose fidelity and attachment to the Roman common- ■wealth, Cicero.makes ample mention in his second book of OtHces. 14$ was reserved for the next, and how he had settled the whole plan of the war. As he appeared disconcerted and speechlefs, I asked what hindered his going upon an expedition, which he had so long prepared for ; when I knew that he had already sent before him arms, axes, rods, trumpets, military ensigns,, and that silver eagle, to which he had raised an impious altar in his own house. / Can I be said to have driven into banishment a man who had already commenced hostilities against his coun- try ? Or is it credible that Manlius, an obscure centurion, who has pitched his camp upon the plains of Fesuke, would declare war against the Roman people in his own name: that the forces under him do not now expect Catiline for their general: or that he, submitting to a voluntary banishment, has, as some pretend, repaired to Marseilles, and not to the before-mentioned camp ? Sect. VII. O wretched condition, not only of governing, but even of preserving the state! Fox should Catiline, dis- couraged and disconcerted by my counsels, vigilance, and stre- nuous care of the republic, be seized with a sudden dread, change his resolution, desert his party, quit his hostile designs, and alter his course of war and guilt, into that of flight anS banish- ment; it will not then be said, that I have wrested out" 1 of his hands the weapons of insolence, that I have astonished ancr con- founded him by my diligence, and that I have driven him from all his hopes and schemes* but he will be considered as a man innocent and uncondemned, who has been forced into banish- \ ment, by the threats and violence of the consul. Nay, there are, who in this event would think him not wicked, but un- happy; and me not a vigilant consul, but a cruel tyrant. But I little regard this storm of bitter and undeserved censure, pro- vided I can screen you from the danger of this dreadful and im- pious war.' Let him only go into banishment, and I am Content N it, be ascribed to my threats. But believe me, he has no design to go. My desire of avoiding public envy, Romans, shall never induce me to wish you may hear of Catiline's being at the head of an army, and traversing in a hostile manner the territories of the republic. Bujt afsuredly you will hear it in three clays ; and I have much greater reason to fear being cen- sured for letting him escape, than that I forced him to quit the V city. But if men are so perverse as to complain of his being driven awa}', what would they have said if he had been put to death? Yet. there is not one of those who talk of his going to Marseilles, but would be sorry for it if it was true ; and with all the concern they exprefs for him, they had' much rather hear of his being in Manlius's camp. As for himself, had he never be- fore thought of the project he is now engaged in, yet such is his particular turn of mind, that he would rather fall as a robber,, than live as an exile. But now, as nothing has happened con- 150 M. T. CICERONIS ORATlONES* cum ei nihil adhuc praeter ipsius voluntatem cogitationemque accident, nisi quod vivis nobis Roma profectus est ; optemus potius, ut eat in exilium, quam querammv VIII. Sed cur tamdiu de ufto hoste loquimur, et de eo' hoste qui jam fatetur se efse liostem, et quern, quia, quod semper vo- lui, murus interest, no'n timeo : de his qui difsimulant, qui Ro- mse remanent, qui nobiscum sunt, nihil dicimus ? quos quidem ego, si ullo modo fieri pofset, non tarn ulcisci studeo, quam sa- nare, et ipsos placare reipub. neque, id qu are fieri non pofsit, si me audire voluerint, iritelligo. i |Exponam enim vobis, Quiri- tes, ex quibus generibus homimrm istee copise comparentur : deinde singulis medjcinam consilii, atque orationis meas, si quam potero, afteram. ( 8 ) Unum genus est eorum, qui magno in aere alieno majores etiam pofsefsiones habent, quarum amofe ad- ducti difsolvi nullo modo pofsunt. Horum hominum species est honestiisima : sunt enim locupletes : voluntas vero, et causa impudentiisima.i Tu agris, aedificiis, tu argento, tu familia, tu rebus omnibus ornatus et copiosus sis, et dubites aliquid de pos- sefsione detrahere, ac fidem acquirere ? quid enim exspectas ? bellum ? quid ? ergo in vastatione omnium, tuas pofsefsiones sacrosanctas futuras putas? an tabulas novas ? Errant qui istas a Catilina exspectant ; meo beneficio tabulae novae proferentur, verum auctionariae. Neque enim isti qui pofsefsiones habent, alia ratione ulla salvi efse pofsunt. Quod si maturms facere vo~ luifsent, neque (id quod stultifsiinum est) certare cum usuris fructibus praediorum, locupletioribus his, et melioribas civibus" uteremur. Sed hosce homines minime puto pertimescendos, quod aut deduci de sententia pofsunt, aut, si permanebunt, ma- gis niihi videntur vota facturi contra remp. quam arma laturi. IX. Alterum ( 9 ) genus est eorum, qui, quanquam premnntur sere alieno, dominationem tamen exspectant ; rerum potiri vo- lunt : honores, quOs, quieta rcpub. desperant, perturbata conse- (8) Unum genus est eorum.~\ Cicero here takes a view of Catiline's forces;- ahd observes that thev were composed of six different clafses of men, to- all whom he gives advice suited to their circumstances; and which he shows will be infinitely more for their advantage, than the desperate mea- sures they had so rashly engaged in. We shall treat of them- in order. The first are those, who having'large estates, but considerably encumbered* with debt, would fain get rid of the latter, without divesting themselves of any part of the former. These he advises to sell part of their pofsefsionsj, and by that means disengage themselves from the load of debt they lay under; promising them all the afsistance in his power to bring about so sa- lutary an end, which would not only make them easy for the present, but establish and strengthen their creditfor the time to come. (9) Alterum genus est eorum.~\ The second cohort of Catiline's legion, if we may so exprefs ourselves, was made up of men, who being deeply in-' volved in debt, without any estates or pokefsions to answer the dcmar.u? Ro's ORATIONS. 151 irary to bis and desire, except that I Was left alive when he qi ^ us rather wish he may go into ba- nishment, 1 f it. * ' Sect. VI ) I speak so much about one enemy ? An enemy t penly proclaimed himself such ; and whom I no nee, as I always wished, there is now a wail bet\v( s. Shall ^ say nothing o^ those who diisemble their treason, who continue at Rome, and mingle in. our afsem-, blies ? With regard to these, indeed, I am lefs intent won ven- geance, than to reclaim them, if pofsible, from their 'errors, and reconcile them to the republic.! Nor do I perceive any difficulty in the undertaking, if they wul but listen to my advice, For first I will show you, citizens, of what different sorts of mea their forces consist, and then apply to each, as far as I am able, the most powerful remedies of persuasion and eloquence. The first sort consists of those,, who having great debts, but stilly greater pofsefsions, are so pafsionately fond of the latter, that they cannot bear the thought of infringing them. This in ap- pearance is the most honourable clafs, for they are rich: but their intention and aim is the most infamous of all/ Art tboa distinguished by the pofsefsion of an estate, houses, money,; slaves, and all the conveniences and superfluities of life ; and dost thou scruple to take from thy pofsefsions, in order to add to thy credit ? For what is it thou expectest ? is it war ? and dost thou hope thy pofsefsions will remain un violated, amidst an universal invasion, of property ? Is it new regulations about debts thou. hast in view ? 'Tis an error to expect'this from Catiline. New. regulations shall indeed be proffered by my means, but attended with public auctions, which is the only method to preserve those who have estates from ruin. And had they consented to this expedient sooner, nor foolishly run out their estates in mortgages, they would have been at this day both richer men, and better citizens. But I have no great dread of this clafs of men,- as believing they may be easily disengaged from the con- spiracy ; or, should they persist, they seem more likely to have> recourse to imprecations than arms. Sect. IX. The next clafs. consists of those, who though op- prefsed with debt, yet hope for power, and aspire at the chief of their creditors, turned all their thoughts to the attainment of honours, dignities, and the command of armies and provinces. This put them upon plotting against the state, in order to create confusion and disordeV, as- being very sensible, that they could never hope to. see- the accomplish- ment of their wishes, while the republic continued hi a. state of tran- quillity. - 152 M. T. CICERONIS ORAT qui se pofse avbitrantur. Quibus hoc n videtuiy unum scilicet ct idem, quod caeteris omnibus, ut o^isperent se id, quod eonantur, consequi pofse ; primum oi.'inium me ipsum vigilaie, adefse, providere reipub. deinde magnas animas else in bonis viris, magnam concordiam, maximam multhudinem : mag- nas praeterea copias militum: deos denique immortales huic in- vieto populo, clarifsimo imperio, pulcherrimae urbi, contra tan- tarn sceleris, praesentes auxilium efse laturos. Quod si jam sint id, quod cum summo furore cupiunt, adepti ; num. illi in cinere, urbis, et sanguine civium, quae mente conscelerata ac nefaria, concupierunt, se consules ac dictatores, aut etiam reges sperant futuros ? non vident id se cupere, quod si adepti fuerint, fugi- tivo alicui, aut gladiatori concedi sit necefse? ( I0 ) Tertium ge- nus est aetate jam confectum, exercitatione robustum : quo ex genere est ipse Manlius, cui nunc Catilina succefsit. Hi sunt homines ex his coloniis, quas Fesulis Sulla constituit : quas ego nniversas civium efse optimorum, et fortifsimorum virorum sen- tio: sed tamen hi sunt coloni, qui se insperatis repentinisque pscuniis sumptuo ias insolentiusqne jactarunt, hi dum aedificant tanquam bead, dum praediis, lecticis, familiis magnis, conviviis, apparatibus delectantur, in tantum ses alienum inciderunt, ut, si salvi efse velint, Sulla sit iis ab inferis excitandus : qui etiam nonnullos agrestes homines tenues atque egentes, in eandem istam spem rapinarum veterum impulerunt. Quod ego utros- que, Quirites, . in eodem genere praedatorum direptorumque pono. Sed eos hoc moneo, desinant furere, et proscriptiones et dictaturas cogitare. Tantus enim iilorum temporum dolor inustus est civitati, ut jam ista non modo homines, sed ne pe- cudes quidem mihi pafsurae efse videantur. X. Quartum ( JI ) genus est sane varium, et mistum, et turbu- lentum ; qui jampridem premuntur ; qui nunquam emergent : (10) Tertium gev us est.'] The two former clafses were made up of men, who indeed wished well to the conspiracy, yet thought not proper to de- clare themselves openly, or appear in arms against the itate. The set he now mentions consisted mostly of old soldiers, who, upon the conclusion of the civil war, had been settled in different parts of Italy, where lands were as- signed them by Sylla, out of the confiscated estates of those who had opposed Inm. These having squandered away in riot and excels, what they had acquired by rapine aud opprefsion, desired nothing so much as a new civil war, that they might a second time enrich themselves with the spoils of their country. Accordingly they eagerly embraced the present opportu- nity, and formed much the greater number of those, who were now in arms in Manlius's camp (11) Quartum genus.'] The enumeration Cicero here makes of the con- spirators is conceived with great art, and admirably calculated to beget that detestation and horror, with which he meant to inspire the minds of his hearers. First, we have a tribe of men immersed in debt, but rivelted to their pofsefsions. Secondly, men of ruined fortunes, who aspire after honours and commands, that, by opprefsing the allies and subjects oi 153 management of public affairs ; imagining they shall obtain thos£ honours by throwing the state into contusion, which they de- spair of during its tranquillity. To these? I shall give the same advice as to the rest, which is, to quit all hope of succeeding in their attempts. For first I myself am watchful, active, and at- tentive to the interest of the republic : then there is on the side of the honest party, great courage, great unanimity, a vast multitude of citizens, and very numerous forces : in fine, the immortal gods themselves will not fail to interpose in behalf o£ this unconquered people, this illustrious empire, this fair city, against the daring attempts of guilty violence. And even sup- posing them to accomplish, what they with so much frantic rage desire, do they hope to spring up consuls, dictators, or kings, from the ashes of a city, and blood of her citizens, which with so much treachery and sacrilege they have conspired to spill? They are ignorant of the tendency of their own desires, and that in case of succefs, they must themselves fall a prey to some fu> gitive or gladiator. /The third clafs consists of men of advanced age, but hardened in all the exercises of Avar. Of this sort is Manlius, whom Catiline now succeeds. These come mostly from the colonies planted by Sjdla at Fesulae; which, I am ready to allow, consist of the best citizens, and the bravest men : but coming many of tbem to the sudden and unexpected pofsefsion of great wealth, they run into all the excefses of luxury and pro- fusion. |These, by building fine houses, by affluent living, splen- did equipages, numerous attendants, and sumptuous entertain- ments, have plunged themselves so deeply in debt, that in order to retrieve their affairs, they must recall Sylla from his tomb.) I say nothing of those needy indigent rustics, whom they have gained over to their party, by the hopes of seeing the scheme of rapine renewed: for I consider both in the same light of robbers and plunderers. But I advise them to drop their frantic ambi- " tion, and think no more of dictatorships and proscriptions. For so deep an imp'refsion have the calamities of those times made upon the state, that not only men, but the very beasts would not bear a repetition of such outrages. Sect. "X. The fourth is a mixed, motley, mutinous tribe, who have been long ruined beyond hopes of recovery ; and partly through indolence, partly through ill management, partly too the commonwealth, they may in some measure retrieve their affairs. Thirdly, Sylla's veteran soldiers, who wanted to renew the rapines and de- vastations of the former civil war. Fourthly, a number 6t town debau- chees. Fifthly, a collection of parricides, cut-throats, and ruffians. And lastly, the whole troop of gamesters, whorem asters, and sharpers of every (denomination, 154 M. T. CICEROHIS ORATIONES^ qiti partim inertia, partim male gerendo negotio, partim etiani: sumptibtis, in vertere are alieno vacillant: qui vadimoniis, judi- eiis, proscriptionibus boncrum defatigati$ permulti et ex urbe r et ex agris se in ilia castra conferre dicuntuiv Hosce ego non tarn milites acres, quam insidiatores lentos efse arbitror ; qui ho- mines primum si staM non pofsunt, corruant: sed ita, ut non modo civitas, sed ne vicini . qnidem proximi sentiant; nam illud non intelligo, quamobrem, si vivere honeste non pofsunt, perire turpiter veljnt; aut cur minore dolore penturos se cum multis, quam si soli pereant, arbitrentur. Quint um genus" est parrici- darum, sicariorum, denique omnium facinorosorum : quos ego a Catilina non revoco;. nam neque divelii ah eo pofsunt: et pere- ant sane in. latrocinio, quoniam sunt ita multi, ut eos capere career non pofsit. Postremum autem genus est, non solum nu- mero, veruni etiam genere ipso, atque vita, quod proprium est Catilina,. de ejus delectu, immo vero de complexu ejus ac sinu: quos pexo capiilo nitidos, aut imberbes, aut bene barbatos vide- ti s ; manicatis et talaribus tunicis; velis amictos, non togis: quorum omnis industria vita, et vigilandi labor, in antelucanis ccenis exprdmitur In his gregibus omnes aleatores, omnes adulteri,, omnes impuri, impudicique versantur. Hi pueri tarn lepidi ac delicati, non solum amare, et amari, neque cantare, et saltare, sed etiam sicas vibrare, et spargere venena didicerunt: qui nisi exeunt, nisi poreunt, etiam si Catilina perierit, scitote hoc in repub. seminarium Catilinarium futurum. Veruntamen quid sibi isti miseri volunt ? num suas secum mulierculas sunt in castra ducturi? quemadmodum autem illis carere poterunt, his prasertim jam noctibus? quo autem pacto illi Apenninum, atque illas pruinas ac nives perferent? nisi idcirco se facilius hiemera toleraturos putant, quod nudi in conviviis saltare didecen O bellum magnopere pertimescendum, cum banc sit habiturus Catilina scortatorum( 12 ) cohortem pratoriam! XL Instruite nunc, Quirites, contra has tarn praeclaras Catili- na? copias vestra prasidia, vestrosque exercitus: et primum gla- diatori illi confecto et saucio consules imperatorefque vestrcs op- ponite: deinde contra illam naufragorum ejectam ac debilita- tam manuni, ilorem todies Italia ac robur educite. Jam vero urbes coloniarum ac municipiorum respondebunt ( ,3 ) Catilina. (12) Cohortem pneioriam.'] The praetorian' cohort was a select body of troops, whose businefs it was to attend upon the general, and serve him by way of a guard. As commanders in chief were anciently called ; a pneeundo, we see hence the reason of the name. Scipk) xAfricanus was the author of this institution among the Romans, selecting the bravest men of the army for that purpose. These formed afterwards the pnetorian bands under the emperors. (13) CatUi?ici' invinlis siivesiribus.~\ Tumulus comes d turner: XL Against these gallant troops of your adversary, prepare, O Romans, your garrisons and armies : and first, to that battered and maimed gladiator, oppose your consuls and generals i next, against that outcast, miserable crew, lead forth ^ the flower and strength of all Italy. The walls of our colonies and free towns will easily resist the efforts of Catiline's rustic troops. But I ought not to run the parallel farther, or compare reading of the two ; for it was natural eno.ugh in Cicero, to call that promis- cuous multitude of rustics, afsembled together in haste, cumulos sihestres. 156 M. T. CICERONIS ORATIONES. tumulis silvestribus; neque vero cacteras copias, ornamenta, pra-sidia vestra, cum illius latronis inopia atque egestate con- ferre debep. Sed si, omifsis his rebus omnibus, quibus non sup- peditamus, eget ille,senatu, equitibus Romanis, populo, urbe, aerario, vectigali.bus> cuncta Italia, provinciis omnibus, exteris uationibus: si, inquam, his rebus omifsis, ipsas causas, quae inter se confiigunt, contendere velimus, ex eo ipso, quam valde illi jaceant, intelligere pofsumus. Em hac enim parte pudor pugnat, illinc petulantia : hinc pudicitia, illinc stuprum : hinc fides, illinc fraudatio: hinc pietas, illinc scelus : hinc constantia, illinc furor : hinc honestas, illinc turpitudo • hinc continentia, illinc libido : hinc denique aequitas, temperantia, fortitudo, prudentia, virtutes omnes certant cum iniquitate, cum luxuria, cum ig- navia, cum temeritate, cum vitiis omnibus : postremo copia cum egestate, bona ratio cum perdita, mens sana cum amentia, bona denique spes cum omnium rerum desperatione conrligit. In hujusmodi certamine ac prcelio, nonne, etiamsi hominum studia deficiant, dii ipsi immortales cogent ab his praiclariisimis virtu- tibus tot et tanta vitia superari ? XII. Qua? cum ita sint, Quirites; vos, quemadmodum jam antea dixi, vestra tecta custodiis vigiliisque defendite: mihi, ut urbi sine vestro motu ac sine ullo tumuitu, satis efset praesidii, consultum ac provisum est. Coloni omnes, municipesque ves- tri, certiores a, me facti de hac nocturnft excursione Catilina?, fa- cile urbes suas, finesque defendent : gladiatores, quam sibi ille lnaximam manum, et certii'simam fore putavit, quanquam me- liore animo sunt, quam pars patriciorum, potestate tamen nostra continebuntur. Q Metellus, quern ego prospiciens hoc, in agrum Gallicantmi Picenumque praemisi, aut opprimet hominem, aut omnes ejus motus conatusque prohibebit ; reliquis autem de rebus constituendis, maturandis, agendis, jam ad senatum refe- remus, quern vocari videtis. Nunc illos qui in urbe remanserunt, atque adeo qui contra urbis salutem, omniumque vestrdm, in urbe a Catilina reltcti sunt, quanquam sunt hostes, tamen quia nati sunt cives, monitos etiam atque etiam volo. Mea lenitas ad hue si cui solutior visa est, hoc exspectavit, ut id quod latebat, erumperet. Quod reliquum est, jam non pofsum oblivisci, meam hanc else patriam, me hormn else consulem: mihi aut cum his vivendum, aut pro his else moriendum ; nullus est porta? cus- tos, nullus iusidiator vice : si qui exire volunt, consulere sibi CICERo's ORATIONS. lSl yonr other resources, preparations, and defences, to the in- digence and nakcdnefs of that robber. But if, omitting all those advantages of which we are provided, and he destitute ; as the senate, the Roman knights, the people, the city, the treasury, the public revenues, ail Italy, all the provinces, foreign states: I say, if, omitting all these, we only compare the con- tending parties between themselves, it will soon appear how very low our enemieslare reduced. On the one side modesty contends, on the other petulance : here chastity, there pollu- tion: here integrity, there treachery : here piety, there pro- fanenefs: here resolution, there rage: here honour, there base- nefs : here moderation, there unbridled licentiousnefs : in short, equity, temperance, fortitude, prudence, struggle with iniquity, luxury, cowardice, rashnefs ; every virtue with every vice. Lastly, the contest lies between wealth and indigence, sound and depraved reason ; strength of -understanding 1 sand frenzy ; in fine, between well-grounded hope, and the most absolute despair. In such a conflict and struggle as this, was even human aid to -fail, will not the immortal gods enable such illustrious virtue to triumph over such complicated vice ? Sect. XII. Such, Romans, being our present situation, do you, as I have before advised, watch and keep guard in your private houses ; for as to what concerns the public tranquillity, and the defence of the city, I have taken care to secure that, without tumult or alarm. The colonies and municipal towns,- having received notice from me of Catiline's nocturnal retreat, will be upon their guard against him. The band of gladiators, whom Catiline always depended upon as his best and surest support, though in truth they are better affected than some part of the patricians, are neverthelefs taken care of in such a manner, as to be in the power of the republic. Q. Metellus the praetor, whom, forseeing Catiline's flight, I sent into Gaul and the district of Picenum, will either wholly crush the traitor, or baffle ail his motions and attempts. And to settle, ripen, and bring all other matters to a conclusion, I am just going to Jaythem before the afsembly, which you see now afsembling. *AsTor*those therefore who continue in the city, and were left 1 behind by Catiline, for the destrution of it and us all ; though they are enemies, yet as by birth they are likewise fellow- citizens, I again and again admonish them, that my lenity, which to some may have rather appeared remifsnefs, has been waiting only for an opportunity of demonstrating the certainty of the plot. As for the rest, I shall never forget that this is my coun- try, that I am its consul, and that I think it my duty either to jive wijli my countrymen, or die for them- There is no guard upon the gates, none to watch the roads ; if any one has a L3 3 58 T. M. CICERONIS ORATIQNES. pofsunt: qui vero in urbe se commoverit, cujus ego non modq' factum, sed inceptum ullum conatumve contra patriam depre- hendero, sentiet in hac urbe efse consules vigilantes, efse egre- gios magistratus, efse fortem senatum, efse arma, efse ( I4 -) car- cerem : quern vindicem nefariorum ac manifestbrum fcelerum iiiajores nostri efse voiuerunt. XIII. Atque haec omnia sic agentur, Quirites, ut res maximae minimo motu, pericuia summa nullo tumultu. bellum intesti- Bum ac domesticum, post hominum memoriam crudelifsimum ac maximum, ( ,s ) me uno togato duce et imperatore, sedetur ; quod ego sic administrabo, Quirites, ut, si ullo mpdo fieri po- tent, ne improbus quidem quisquam in hac urbe pcenam sui sceleris' sufTerat. Seel si vis manifesto adaciss, si impendens patriae periculum me neceisario de hac animi lenitate dedux- erint, illud profecto perficiam, quod in tanto et tarn insidioso bello vix optandum videtur, ut ne quis bonus intereat, pau- corumque pcena vos omnes jam salvi efse pofsitis. Quae qui- dem ego neque mea prudentia, neque humanis consiliis fretus poliiceor vobis, Quirites; sed multis et ( l6 ) non dubiis deorum immortalmm significationibus, quibus ego ducibus in hanc spem sententiaihque sum ingrefsus/ qui jam non procul, ut quondam solebantj ab er.rero hoste atque longinquo, sed hie praesentes suo iiumine atque auxilio sua templa, atque urbis tecta defendunt: quos Vos, Quirites, precari, venerari, atque implorare debetis : lit quam urbem pulcherrimani, norentifsimarri, potentifsimam- que efse voluerunt, hanc omnibus hostimn copiis terra marique superatis, a perditifsimorum civium nefario sceiere defendant. * (14) Carcerem — vindicem nefariorum.'] UJpian tells us, that the prison ■was built, not for the punishment of bad citizens, but to be a check upon them, and prevent all occasions of punishment. Cicero here maintains the direct contrary, and afserts, that the great design of it was, that guilt and;impiety might not escape due vengeance. Both these ends are verv compatible, and ought doubtlef$ to be considered jointly in the present case. The prison was built m a conspicuous part of the city, that where a principle of conscience was not sufficient to restrain men, they might be awed by having this object of terror constantly before their eves. But if notwithstanding so powerful a monitor, they were so far swaved bv their corrupt'inclinations, as to violate the laws of their countrv, they thereby rendered themselves obnoxious to the demands of justice": and what was primarily intended only to restrain men, and prevent the commiision of crimes, became, after they were committed, a place of suffering and pu- nish men t. ■ (15) Me uno togato duce et imperatore.'] The consuls, before their setting out on any military expedition, used to put off their gOwns, and put on their military drels, with great Ceremony and public sacrifices. Cicero tells them, his scheme for supprefsing the conspiracy was so weii laid, that •without changing his gown, the drels of peace, he would quell all the dis- turbance. - ■-; (16) Non dubiis deorum immortalium significationibus.'] Plutarch, in his life of Cicero, tells us, that while Terentia, the orators wife, with the \\ ■ rgins, and the principal matrons of Rome, were sacriiicipg, accordh ERO crc^kos ORATIONS! 159 mind to withdraw himself, he may go wherever he pleases. But whoever makes the least stir within the city, so as to be -caught not only in any overt-act, hut even in any plot or at- tempt against the republic, he shall know that there are in it vigilant consuls, excellent magistrates, and a resolute senate ; that there are arms, and a prison, which our ancestors provided as the avenger of manifest and atrocious crimes. Sect. XIII. And all this shall be transacted in- such a manner, citizens, that the greatest disorder, shall be quelled without the least hurry ; the greatest dangers without any tumult ; a domestic and intestine war, the most cruel and desperate of any in our memory, by me your only leader and general in my gown ; which I will manage so, that, as far as it is poisible, not one even of the guilty shall suffer punishment in the city : but if their au- daciousnefs and my country's danger should necefsarily drive me from this mild resolution; yet I will affect, what in so cruel and treacherous a war could hardly be hoped for, that not one honest man shall fall, but all of you be sate by the punishment of a few. VFhis I promise, citizens, not from any confidence of my own prudence, or from any human counsels, but from the many evident declarations of the gods, by whose impulse I am. led into this persuasion ; who afsist us, not as they used to do, at a distance, against foreign and remote enemies, but by their .present help and protection, defend their temples and our houses. It is your part, therefore, citizens, to worship, implore, and pray to them, that since all our enemies are now subdued both by land and sea, they would continue to preserve this city, which was designed by them for the most beautiful, the most flourishing, and most powerful on earth, from the detestable treasons of its own desperate citizens. annual custom, to the goddcfs Bona, a bright flame ifsued suddenly from the altar, to the astonishment of the whole company. Many other pro- digies happened during the course of the conspiracy, of all which Cicero makes frequeut mention in his speeches : for it was of great use to him, to pofsefs the minds of the people, as strongly as he could, with an apprehen- sion of their danger, for the sake of disposing them the more easily to ap- prove .his conduct, and concur with him in^whateyer measures he should think necefsary for the public safety. He also improves this circumstance t6 animate the people, by representing the gods as interesting themselves particularly in their preservation, and pointing out to them the course they were to pursue. 1,4 ORATIO VI. 3. IN L. CAT1LINAM* * I.TJ EMFUBLlCAM, Quirites, vitamque omnium vestrum, l\r bona, fortunas, conjuges, liberosque vestros, atque hoc domicilium clarifsimi imperii, fortunatifsimam pulcherrimamque lu'bem* hodierno die, deorum immortalium summo erga vos * Catiline, as we have seen, being forced to leave Rome ; Lentulus, and the restj who remained in the city, began to prepare all things for the exe- cution of their grand design. They solicited men of all ranks, who seemed likely to fayour their cause, or to be of any use to it ; and among the rest, agreed to make an attempt upon the ambafsadors of the Allobrogians, a warlike, mutinous, faithlefs people, inhabiting the countries now called Savoy and Dauphiny, greatly disaffected to the Roman power* and already ripe for rebellion. r .These ambafsadors, who were preparing to return home, much out of humour with the senate, and without any redrefs of the grievances which the\ were sent to complain of, received the proposal at first very greedily, and promised to engage their nation to al'sist the conspirators with what they principally wanted, a good body of horse, whenever they should begin the war ; but reflecting afterwards, in their cooler thoughts, on the difficulty of the enterprife, and the danger of in- volving themselves and their country in so desperate a cause, they re- solved to discover what they knew to Q. Fabius banga, the patron of their city, who immediately gave intelligence of it to the consul. Cicero's in- structions upon it were, that the ambafsadors should continue to feign the same zeal which they had hitherto shown, and promise every thing which was required of them, till thev had got a full insight into the extent of the plot> with distinct proofs against the particular actors in it: upon which, at their next conference wiih the conspirators, they insisted on having some credentials from them to show to their people at home, without which they would never be induced to enter into an engagement so hazard* ous. This was thought reasonable, and presently complied with, and Vultureius was appointed to go along with the ambafsdors, and introduce them to Catiline on their road, in order to confirm the agreement, and ex- change afsurances also with him; to whom Lentulus sent at the same time a particular letter under his own hand and seal, though without his name. Cicero being punctually informed of all these facts, concerted privately with the ambafsadors the time and manner of their leaving Rome in the" iiight, and that on the Milvian bridge, about a mile from the city, they sho.ukl be anested with their papers and letters about them, by two of the praetors, L. Flaccus and C. Pontinius, whom he had instructed lor that pur* pose, and ordered to lie in ambush near the place, with a strong guard of friends and soldiers; all which was succefsfully executed, and the whole company brought prisoners to Cicero's house by break of day. The ru- mour of this accident presently drew a resort of "Cicero's principal friends ORATION VI. 3. AGAINST CATILINE. Sect. I.HfXKDAY, Romans, you behold the commonwealth, X your lives, estates, fortunes, your wives and chil- dren, the august seat of this renowned empire, this fair and flourishing city, preserved and restored to you, rescued from fire and sword, and almost snatched from the jaws of ,fate, by the distinguished love of the immortal gods towards 1 you, and by about him, who advised him to open the letters before he produced them in the senate, lest if nothing of moment were found in them, it might be thought rash and imprudent to raise an unnecefsary terror and alarm through the city. But he was too well informed of the contents, to fear any censure of thatkmd; and declared, that in case of public danger, he thought it his duty to lay the matter entire before the public council. He summoned the senate therefore to meet immediately, and sent at the same time for Gabinius, Statilius, Cethegus, and Lentulus, who all came presently to his house, suspecting nothing of the discovery ; and being in- formed also of a quantity of arms provided by Cethegus for the use of the conspiracy, he ordered C. Sulpicius, another of the praetors, to go and search his house, where he found a great number of swords and daggers, with other arms, all newly cleaned, and ready for present service. With this preparation he set out to meet the senate in the temple of Concord, with a numerous guard of citizens, carrying the ambafsadors and the con- spirators wiVh him in custody : and after he had given the afsembly an account of the whole affair, the several parties were called in and examined, and an ample discovery made of the whole prbgrefs of the plot. After the criminals and witnefses were wit!: , the senate went into a debate upon the state of the republic, a e unanimously to the Following resolutions: That public thanks should be decreed to "Cicero in the am- plest manner; by whose virtue, counsel, and providence, the republic was delivered from the greatest dangers: that Flaccus and Pomtinus, the praetors, should be thaiiked lib for their vigorous and punctual exe- cution of Cicero's orders; tl mius, the other consul, should be praised for having removed 1 counsels all those who were con- cerned in the conspiracy; that 1 entulus, after having abdicated the prae- torship, and divested himself of his robes; and Cethegus, Statiiius, and Gabinius, with their other dices also, when taken, Cuisius, Capa- rius, Furicis, Chilo, Umb hould be committed to safe custodv; and that a public thanks aid be appointed in Cicero's name, for his having preserved th< rii a. conflagration, the citizens from a ma/sacre, and Italy from The senate being difmifsed, Cicero went directly into the rostra; ai 1, in the following speech, gave the people an '•account of the'discove been made, with the resolutions of the ate consequent th I M. T, CICERONIS ORATIONES. . , laboribus, consiliis periculisque meis, ex flamma atqrre erro, ac pene (') ex faucibus fati ereptam et Vobis conserv'atam acf restitutam videtis. Et, si non minus nobis jucundi atque il- lustres sunt ii dies, quibus conservamur, quam illi, quibus nasci- inur; ( z ) quod salutis certa leetitia est, nascendi incerta condi- tio ; et quod sine sensu nascimur, cum voluptate conservamur profecto, quoniam ilium qui banc urbem condidit, ( 3 ) Romulum ad deos immortales benevoientia, famaque sustulimus ; efse apud vos, posterosque vestros in honore debebit is, qui eandem hanc urbem conditam amplificatamque servavit ; nam toti urbi, tem- plis, delubris, tectis ac mcenibus subjectos prope jam ignes, circundatosque restinximus : iidemque gladios in rempub. re- strictos retudimus, mucronesque eorum a jugulis vestris dejeci- snus. Quae quoniam in senatu illustrata, patefacta, comperta- que sunt per me, vobis jam exponam breviter, Quirites, ut et quanta, et quam manifesta, et qua ratione investigata et coni- prehensa sint, vos, qui et ignoratis, et exspectatis, scire poi'sitis. Principio, ut Catilina paucis ante diebus erupit ex urbe, cum sceleris sui socios, et hujusce nefarii belli acerrimos duces Romae reliquifsct ; semper vigilavi, et providi, Quirites, quemadmo- dum in tantis et tarn absconditis insidiis salvi efse polsemus. II. Nam turn, cum ex urbe Catilinam ejiciebam (non enim jam vereor hujus verbi invidiam, cum ilia magis sit timenda, quod vivus exierit), sed turn cum ilium exterminari volebam ; aut reliquam conjuratorum manum simul exitura maut eos qui stitifsent, innrmos sine illo, ac debiles fore putabam. Atque ego, ut vidi, quos maximo furore, et scelere efse inflammatos sciebam, eos nobiscum efse, et Romae remansifse : in eo omncs dies noctesque consumpsi, ut quid agerent, quid molirentur, sentirem ac viderem: ut, quoniam auribus vestris, propter in- credibilcm magnitudinem sceleris, minorem fidem faceret ora- (1) Exjaucibusfati.~\ A metaphorical exprefsion, alluding to the danger incurred by an attack from bcaMs in. prey. Fate, according to the Stoics, was a certain immutable series of events, which followed one another in train, by such an unavoidable necefsity, that even the gods themselves could not hinder their coming to pafs. * The reason why tins word is often used by the ancients, to denote death, or the difsohition of states and kingdoms, may be best derived from a notion which prevailed among them, that at the very moment of a man's birth, the day of his death was irrevocably fixed by fate; and that in all governments, the seeds of difso- lution were mixed with their original frame, and never failed to operate when the. appointed time came. (2) Quod salulis certa Letilia €si.~[ "When we escape any imminent dan- ger that threatened us, and under the apprehension of which we were un- easy, we are sensible of our good fortune, and taste the safetv we enjoy wit'h the highest relish. Hence, a day of preservation is always a* day of joy and triumph. But now the day of our birth is not attended "with any such consciousnefs; and even supposing it were, yet is the condition of '" - life attended with so much uncertainty, that it is hard to say whetl have more reason to lament or rejoice. For how often is our presei dition so entangled with snares and difficulties, that a wise man wouh it rather to be shunned than coveted? Nay, whole nations have ma CiUJbKU & UKAMUINB. 163 isaeans of my toils, counsels, and dangers, And if the days in which we are preserved from ruin, be no lefs joyous and me- morable than those of our birth ; because the pleasure of deli- verance is certain, the condition to which we are born uncer- tain ; and because we never enter upon life without conscious r / nefs, but are always sensible to the joys of preservation: surely, 1 since our gratitude and esteem for Romulus, the founder of this city, has induced us to rank him amongst the immortal gods ; he cannot but merit honour with you and posterity, who has preserved the same city, with all its accefsions of strength and grandeur. For we have extinguished the flames that were dis- persed on all sides, and just ready to seize the temples, sanc- tuaries, dwellings, and walls of this city; we have blunted the swords that were drawn against the state, and turned aside the daggers that were pointed at your throats. And as all these particulars have been already explained, cleared, and fully proved by me in the senate ; I shall now, Romans^ lay them briefly before you, that such as are strangers to what has happened, and wait with impatience to be informed, may un- derstand what a terrible and manifest destruction hung over them, how it was traced out, and in what manner discovered. And first, ever since Catiline, a few days ago, fled from Rome ; as he left behind him the partners of his treason, and the boldest champions of this execrable war, I have always been upon the watch, Romans, and studying how to secure you amidst such dark and complicated dangers. Sect. II, For at that time, when I drove Catiline from Rome (for now Idre.ad no reproach from that word, but rather the censure of having suffered him to escape alive) ; I say,- when I forced him to quit Rome, I naturally concluded, that the* rest of his. accomplices would either follow him, or, bein^ deprived of his afsistance, would proceed with lefs vigour and hrmnefs. But when I found that the most daring and forward of the conspirators still continued with us, and remained in the city ; I employed myself night and day to unravel and fathom all their proceedings and designs: that since my words found lefs credit with you, because of the inconceivable enonnity of the treason, I might lay the whole so clearly before you, a practice to consider the day of a man's nativity, as a day rather of sorrow than joy ; because he then entered into a state of misery and tribulation. (3) Romuluin ad deos sustulimus.~\ So we learn from A urelius Victor, cap. 2. de viris illust. Cum ad Caprete paludem exercitum lusirares, nusquam comparuit, wide inde patres et populum seditionc orta, Julius Proculus, yir nobilis, in concionem procefsit, et jurejurando firmavit, Romulum a se in colle Quirinali visum augustiore forma, cum ad deos abiret ; eundemque prai~ Qipere ut seditionibus abstinerent, virtutem colerent ; jututum lit omnium 'gentium domini existerent. Hujus auctoritati creditum est, JEdes in colle Quirinali Romulo constiiuta, ipso pro deo cultus, Qjuirinus est appellctm* 154 M. T. CICERONIS 6RATION£S. tio mea, rem ita comprehend erem, ut turn demum animis saluti Vestrae provideretis, cum oculis maleficium ipsum videretis. Ita- que ut comperi legatos ( 4 ) Allobrogum, ( 5 ) belli Transalpini, et tumultus Gallici excitanda causa, a P. Lentulo efse solicitatos, eosque in Galliam ad suos cives, eodem itiaere cum literisman- ■datisque ad Catilinam else mifsos, comitemque iis adjunctum Vulturcium, atque huic datas efse ad Catalinam literas : fa- cultatem mihi oblatam putavi ut, quod erat ■■ difticillimum, quodque ego semper optabam a, diis immortalibus, tota res non solum a me, sed etiam a senatu, et a vobis manifeste cleprehenderetur. Itaque hesterno die L. Flaccum, et C. Pom- tinum praetores, fortifsimos atque amantifsimos reipublicae viros, ad me vocavi : rem omnem exposui : quid fieri pJaceret, ostendiv -— Uli autem qui omnia de republ. praeclara atque egregia sentirent, sine recusatione, ac sine ulla, mora, negotium susceperunt, et cum . advesperasceret, occulte ad pontem Mil- vium pervenerunt: atque ibi in proximis villis ifa bipartiti fuerunt, ut Tiberis inter eos, et pons interefset ; eodem autem et ipsi, sine cujusquam suspicione, multos fortes viros eduxe- runt ; et ego de pratfectura Reatina complures delectos adole- scentes, ( 6 ) quorum opera utor afsidue in reipublicac prsesidio, cum gladiis miseram. , Interim ( 7 ) tertia fere vigilia exacta; (4) Allobrogum.'] These were Gauls, who pafsing the Alps, settled on the Italian side, in those parts now called Savoy and Piedmont. They were a brave people, and maintained a war with the Romans for a long time; but, before this, had been totally subdued, and governed by the Roman praetor, who had the care of Gallia Narbonensis. About the time of the breaking out of this conspiracy, they had sent ambafsadors to Rome, to complain of the opprefsion and extortion of their governor. Lentulus took this opportunity x>f increasing the strength of the conspiracy, by pro- posing the Allobrogians an abatement of their taxes, if they would rise in favour of Catiline, and afsist aim with their forces. The ambafsadors, alter some deliberation, resolved to discover the affair to Q. Fabius Sanga, their patron at Rome, who immediately disclosed it to Cicero. The consul ad- vised them to agree with .he conspirators, and get a covenant from them signed by the principal men, to carry home to their constituents. This the conspirators consent to, and at the same time desire them to take Ca- tiline's camp in their way; for which purpose they send one of their party, Vulturcius, along with them, with letters to their general. Cicero getting notice of this from the ambafsadors, took the whole party prisoners upon the road, and by this means had full proof against Lentulus, and the other heads of the plot, whom he immediately seized. (j) Belli Transalpirii, et tumultus Gallici. .] When the Roman arms were employed in Farther Gaul, this Cicero calls a uar; but when Hither Gaul was the scene of action, he gives it the name of a tumult, tumultus. The difference between these two lies in this, that war is a word of a more ex- tensive signiiication,fand was not accounted so formidable as a tumult. For by a tumult the Romans understood some very dangerous commotion, that threatened the capital of the empire itself, as* happening either in the very /bosom of Italy, or in Cisaipine Gaul, a country tliat immediately bordered upon Italy, and whose inhabitants had formerly brought amities upon the Romans. But we cannot better distinguish bel urn and 4 (cicero's orations. 165 as to compel you at length to take measures for your owa safety, when you could no longer avoid seeing the danger that threatened }^ou. Accordingly, when I found that the embassa- dors of the Allobrogians had been solicited by P. Lentulus to kindle a war beyond the Alps, and raise commotions in Hither Gaul ; that they had been sent to engage their state in the cor spiracy, with orders to confer with Catiline by the way. whom they had letters and instructions ; and that Vuiturcius appointed to accompany them, who was likewise entrust' ■•■ letters to Catiline; I thought a fair opportunity offer only of satisfying myself with regard to the conspiracy wise of clearing it up to the senate and you, which had alwavs appeared a matter of the greatest difficulty, and I con- stant subject of my prayers to the immortal god; i'e :erday, therefore, I- sent for the praetors L. Flaccus aud C. Pomtinus, men of known courage, and distinguished zeal : republic. I laid the whole matter before them, and made them acquainted with what I designed. They, full of the noblest and most ge- nerous sentiments with regard to their con undertook tha businefs without delay or hesitation; an che approach of night, privately repaired to the Mily-iai 3, where they dis- posed themselves in such manner in the i] ghbouring villages, that they formed two bodies, with the river and bridge betweea them. They likewise carried along with them a great number of brave soldiers, without the least suspicion ; and I despatched from the prefecture of Reate several chosen youths well armed* whose afsistance I had frequently used in the defence of the commonwealth. In the mean time, towards the close of the the third watch, as the deputies of the Allobrogians, accom- panied by Vuiturcius, began to pafs the bridge with a great re- tumultus, than in the words of Cicero himself, who thus speaks of them in his eighth Philippic!* : Potest enim efse helium sine tumultu, tumullMs efse sine hello non potest. Quid est enim aliud tumultus, nisi perturbatio tantci , yt major limor oriatur ? Unde etiam nomen dictum est tumultus. I/ague majoies nostri tumult um Italicum, quod $ rat domesticus : tumultum Gallicum, quod, erat Italia' finitimus: prccterea nullum tumultum nominabant, S('c. (6) Quorum opera utor afsidue in reipubliaz prcesidio, cum gladiis mise* ram."] Muretus observes, that in some ancient manuscripts of Cicero, the sentence runs thus : Quorum opera, utor afsidut in republican presidio cum gladiis miseram; according to which way of pointing and reading, prcesidio is to be joined with ?niseram, so as to render the construction of that paragraph miseram prcesidio, not in prcesidio reipublicce. Of the four I first and principal editors of Cicero, Lambinus alone approves this emend- ation of Muretus. Grsevius has admitted it into the text itself, but, I am apt to think, without due consideration ; for as Buherius judiciously ob- serves, eorum operci uteris in republica, quas in concilium advocas ; Opera in reipublicaj pnesdio ab iis ponitur quimanu earn dejendunt. Reatinos au- tem adolescentes illos, non adhibebat sane ad consultandurn Cicero, Esrum igitur opera non u/ebafur in republica, sed in prresidio reipablica?. , (7) Tertidfere vigilia epcactu!] The division of the night into four watches fcy tbVancients, is mentioned by Julius Pollux, in his first hook, Suida^ 2 66 :ronis orAtiones. cum jam pc ^no comitatu legati Allobrogum in- o redi incipe ulturcius ; sit in eos impetus : edu- cuntur et ab a nostris : res erat praetoribus nota solis : ignorabatur a caeteiis. III. Turn interventu Pomtini atque Flaeci, pugna, quae erat. mifsa, secUtur: literee quaecunque erant in eo comitatu, in- signis, praetoribus traduntur : ipsi comprebensi, ad me, im dilucesceret, deducuntur. Atque horum omnium improbifsimum machinatorem Cimbrum Gabinium. sta pe, nihil dum suspicantem vocavi, Deinde item ar- eefsii atilius, et post eum Cethegus : tardifsime autem Lentui . ut ; credo quod Uteris dandis praeter consuetudinem proximk karat. Cum vero summis ac clarifsimis hujus eivkatis vti audita re, frequenter ad me mane convene- rant, literas s aperiri, quam ad senatum referri place- ret, ne, si hili nventum, temere a me tantus tumultus injectus civkati \ etur, negavi me efse facturum, ut de peri- culo publico 1 non ad consilium publicum rem integram deferrem. Etenim, Quirkes, si ea, quae erant ad me delata, reperta nor* efsent ; tamen ego non arbkrabar in tantis reip. periculus efse mihi nimiam diligentiam pertimescendam. Senatum frequentem celeriter, ut vidistis, coegi; atque interea statim, admonku Allobrogum, C. Sulpicium praetorem, fortem virum misi, qui ex aedibus Cethegi, si quid telorurn efset, afferret : ex quibus ille maximum sicarum numermn et gladiorum extulit. IV. Introduxi Vulturcium sine Gailis : fidem ei publicam jufsu senatus dedi: bortatus sum, ut ea quae sciret, sine timore indi- caret. Turn ille dixit, cum vix se ex magno timore recreas- set, a P. Lentulo se habere ad Catilinam mandata et literas, ut servorum praesidio uteretur, et ad urbem quamprimum cum ex- ercitu accederet: id autem eo consilio, ut, cum urbem omni- bus ex partibus, quemadmodum descriptum distributumque erat, incendifsent, caedemque infmitam civium fecifsent, prasto efset ille, qui et fugientes exciperet, et se cum his urbanis du- cibus conjungeret. Introducti autem Galli jusjurandum sibi et literas a P. Lentulo, Cethego, Statilio ad suam gentem datas efse dixerunt : atque ita sibi ab his et a L. Cafsio efse pra>scrip- tum, ut equitatum in Italiam quamprimum mitterent, pedes- tres sibi copias non defuturas: Lentulum autem sibr conrir- mafse ex fads Sibyllinis, haruspicumque responsis, se efse ter- too takes notice of it, and exnrefsh- calls a watch the fourth part of a' night. They commenced at sun-setting, and ended at sun-rising, consisting each of three hours; so that the third watch began exacth "at midnight, and Glided about three in the morning, supposing the sun to" rise at six. CICERO S ORATIONS* 1(77 tJnue, ouy men came out against them, and swords were drawn on both sides. The affair was known to the praetors alone, none else being admitted into the secret* Sect. III. Upon the coming up of Pomtinus and Flaecus, the conflict ceased ; all the letters they carried with them were de- livered sealed to the praetors ; and the deputies with their whole retinue being seized, were brought before me, towards the dawn of day. 1 then sent for Gabinius Cimber, the contriver of all these detestable treasons, who suspected nothing of what had pafsed. L. Statilius was summoned next, and then Cethe- gus. Lentulus came the last of ail, probably because, contrary to custom, he had been up the, greatest part of the night before, making out the despatches. Many of the greatest and most illustrious men in Rome, hearing what had pafsed, crowded to my house in the morning, and advised me to open the letters before I communicated them to the senate y lest, if nothing ma- terj/4 was found in them, I should be blamed for so rashly oc- casioning so great an alarm in the city. But I refused to com- ply, that an afFair which threatened public danger might come entire before the public council of the state. \For, citizens, had the informations given me appeared to be without foundation, I had yet little reason to apprehend that any censure would be- fall me for my over-diligence in so dangerous an aspect of things* I immediately afsembled, as you saw, a very full senate: and at the same time, in consequence of a hint from the Allobrogiart deputies, despatched C. Sulpicius the praetor, a man of known courage, to search the house of Cethegus, where he found a great number of swords and daggers. Sect. IV. I introduced Vultureius without the Gallic depu- ties ; and, by order of the house, offered him a free pardon in the name of the public, if he would faithfully discover all that he knew: upon which, after some hesitation, he confefsed that he had letters and instructions from Lentulus to Catiline,, to prefs him to accept the assistance of the slaves, and to lead his army with all expedition towards Rome, to tne intent that when, ac- cording to the scheme previously settled and concerted among them, it should be set on fire in different places, and the gene- ral mafsacre begun, he might be at hand to intercept those who escaped, and join with his friends in the city. The ambafsa- dors were next brought in, who declared, that an oath of se- crecy had been exacted from them, and that they had received letters to their nation from Lentulus, Cethegus, and Statilius; that these three, and L. Cafsius also, required them to send a body of horfe as soon as possible into Italy, declaring that they had no occasion for any foot :' tb at Lentulus had afsiired them from IBS M. T. CICEROKIS ORATK tium ilium Cornelium ( 8 ), ad quern regnum urbis hujus, a imperium ipervenire efset necefse: Cinnam ante se, et Sy fuifse. eundemque dixifse, fatalem hunc efse annum ad int turn hujus urbis atque imperii, qui efset decimus annus virginum absolutionem, post capitolii autem incensionen mus; banc autem Cethego cum caeteris coutroversiam dixerunt, quod, cum Lentulo et caeteris Saturnalibus caec 1 fieri, atque urbem incendi placeret, Cethego nimium id longum videretur. V. Ac, ne longum sit, Quirites, tabellas proferri jufsimQ; , a quoque dicebantur datge, primum ostendimus Cethego signum : cognovit; nos linum incidimus: legimus; erat scriptum ipsiu: manu, Allobrogum senatui et populo, sese, quae eorum leg confirmafset, efse facturum ; orare, ut item illi facerent, quae legati eorum (9) proecepifsent. Turn Cethegus, qui paulo i aliquid tamen de gladiis ac sicis, quae apud ipsum erant depic- hensae, refpondifset, dixifsetque se semper bonorum feitani^i- torum studiosum, fuifse recitatis Uteris debilitatus atque abjecnls, conscientia convictus repente conticuit. Introductus Statilius, cognovit et signum et manum suam; recitatae sunt tabellae in eandem fere sententiam : confefsus est ; turn ostendi tabellas Len- tulo, et quoesivi cognosceretne signum ; annuit ; est vero, inquam, signum quidem notum, imago avi tui, clariisimi viri, qui amavit unice patriam, et cives suos ; quae quidem te a tanto scelere etiam muta revocare debuit. Leguntur eadem ratione ad senatum Al- lobrogum populumque litera?; si quid de his rebus diccre vellet, feci potestatem. Atque ille quidem primo negavit: post autem aliquanto, toto indicio exposito atque edito, surrexit : quaesivit a Gallis, quid sibi efset cum iis, quamobrem domum suam venifsent ; Itemque a, Vulturcio; qui cum ilii breviter constanterque refpon- difsent, per quern ad euin,quotiesque venifsent; quaesifsent que ab eo, nihiinc secum efset de fatis Sibyllinis locutus: turn ille subito, ."= - ' ■ ==as (S) Harufpicumque responsis se efse Urtium ilium Cornelium.] The Ha- fuspices or Arusptces were so called, according to the most common deri- vation quia 'in araexta animalium inspiciebant. Donatus, however, gives the word another etvmology. Haruspex, says he, ab Harugd tiominatur ; nam Haruga dicitur hostia ab Hard, in qua concluditnr et scrvatur. Hoard autem est, in qua pecora includuntur. From the Sibylline books, and the answers of t lie soothsayers, Lentulus was made to believe that he was the the third Cornelius destined to rule in Rome. It seems, among the Sibyl- line verses, there' were found three k's; which the Greeks interpreted of the Cappadocians, Cilicians, and Cretan's; but the Romans applied them to three of the" name of Cornelius, viz. Ciana, Sylla and Lentulus. (9) Prcecepi/sent.] This reading is supported by the authority of almost all the manuscripts and editions of Cicero, If we admit it, the pafsage must be explained thus: ut item illi facerent, videlicet, scnatus et populux Gallorum, quce sibi, nempe senatui et populo Gal forum, kgati pnecepifsent, id est, prct'scripfifsent, et faciendum efse ostendifseut. But Muretus thinks vfc ou^ht to read recepifseut, according to which the sejise of Cicero wifij CICERo's ORATIONS. *69 the Sibylline books, and the answers of soothsayers, that he was the third Cornelius, who was destined to empire, and the sovereignty of Rome, which Cinna and Sylla had enjoyed before him ; and that this was the fatal year marked for the destruction of N the city and empire, being the tenth from the acquittal of the vestal virgins, and the twentieth from the burn- ing of the capitol : that there was some dispute between Cethe- - gus and the rest about the time of firing the city ; because while Lentulus and the other conspirators were for fixing it on the feast of Saturn, Cethegus thought that day too remote and dilatory. Sect. V. But hot to be tedious, Romans, I at last ordered the letters to be produced, which were said to be sent by the dif- ferent parties. I first showed Cethegus his seal ; which he owning, I opened and read the letter. It was written with his own hand, and addrefsed to the senate and people of the Allo- hrogians, signifying, that he would make good what he had promised to their ambafsadors, and entreating them also to per- form what the ambafsadors had undertaken for them. Then Cethegus, who a little before being interrogated about the arms that were found at his house,' had answered, that he was always' particularly fond of neat arms ; upon hearing his letter read, was so dejected, confounded, and self-convicted, that he could ^riot utter a word in his own defence. Statilius was then brought in, and acknowledged his hand and seal; ^nd when his letter; was read, to the same purpose with that of 4 Cethegus 'j he con- fefsed it to be his own. Then Lentulus's letter was produced, t asked if he knew the seal ? he owned he did. It is indeed, said I, a well-known seal ; the head of your ilhistrious grandfather, so distinguished for his love to his country and fellow-citizens, that it is amazing the very sight of it- was not sufficient to re- strain you from so black a treason. His letter, directed to the senate and people of the Allobroges, Avas of the same import with the other two; but having leave to speak for himself, he at first denied the whoie charge, and began to question the am- bafsadors and Vulturcius, what businefs they ever had with him, and on what occasion they came to his house ? To which they gave clear and distinct answers; signifying by whom, and how often they had been introduced to him ; and then asked him in their turn, whether he had never mentioned any thing to them, about the Sibylline oracles ? upon which being confounded, or be, qiuB sibi, nempe Leniulo, legati eorum recepifsmt, id est, spopondifs&tit^ etsuo periculo promisifsent. T* is much the better reading, and fur-' - nishps by far the jaost ^.tvtal aad obvious sepse. M nO M. T, CICERONIS ORATIONES scelere demons, quanta vis conscientiae efset, ostendit ; narft cum id poiset iitficiarj, repente prater opinionem omnium con- leisus est: ita cum non modo ingenium illud, et dicendi exer- citatio, qua semper valuit^sed etiam propter vim sceleris mani- fest! atque deprehensi, impudentia, qua superabat omnes, im- probatasque defecit. Vulturcius vero subito proferri litcras, atque aperiri jufsit, quas sibi a Lentulo ad Catilinam datas ef>e dicebat. Atque ibi vehementifsime perturbatus Lentulus., ta- uten et sigmun et manum suam cognovit; erant autem scripts sine nomme, sed ita: ( ,0 ) QUI SIM, EX EO, GflJEM AD TE MISI, COGNOSCES. CURA UT VIR SIS, ET COGITA, QUEM IN LOCUM SIS PROGRESSUS : ET VIDE, QUID JAM TIBI SIT NECESSE. CURA UT OMNIUM TIBI AUXILIA ADJUNGAS, ETIAM INF1MORUM. Gabinms deinde introductus, cum primo impudenter respondere ceepiiset, ad extremum nihil ex iis qtssp Galli insimulabant negavit. Ac mihi quidem, Quirites, cum ilia certifsima sunt visa argumenta atque indicia sceleris, tabelke, signa, manus, denique, uniuscu- j usque confefsio: turn multo ilia certiora, color, oculi, vuitus, taciturnitas; sic enim obstupuerant, sic terrain intuebantur, sic furtim nonnunquam inter se aspiciebant, ut non jam ab aliis in- dicari, sed indicare se ipsi viderentur- VI. Indiciis expositis atque editis, Quirkes, senatum con- sului de summa reipub. quid fieri placeret'; dicta* sunt a prin- cibus acerrimae ac fortifsimae sentential, quas senatus sine ulla varietate est consecutus. Et quoniam nondum est perscriptum S. C. ex memoria vobis, Quirites, quid senatus eensuerit, ex- ponam. Primum mihi gratia? verbis amplifsimis aguntuiyquod virtute, consilio, prudentia med vespub. periculis sit maximis llberata : deinde L, Flaccus et C. Pomtinus pr::ioie>, quod eorum opera forti ildelique usus else m, mcrito ac jure laudan- tur: atque etiam vno forti, collegai meo, C. Antonio laus im- pertitur, quod cos, qui ha jus conjurationis participcs fuilsent, a suis et a reipub. consilirs removiiset ; atque ita censuerunv, ( !l ) ut P. Lentulus, .cum se pnttura . abdicalset, turn in custo- (10) Qui sim, ex eo quern ad te misi, cgg?iosces.) This letter of Lentulus to Catiline, is worded somewhat differently in Sallosfe, who gives it as fol- lows: Qui si//:, ex eo, quern ad te 7/iisi, cognosces. Fac cogites. in quant 'a calamitale sis ; et me/nineris, fe efscvirum; conjidtrcs, quid tiue rations postuleni; auxiliu/n pcias ab the con- spiracy. They then came to a resolution, that P.*JS alus, after time, till after an interval of ten years, it is highly j that his first praetorship happened when L. Lieinius Lucullus and C. Aurelius Cotta were consuls, We are still the more confirmed ii ocause after the usual interval of two years, we find him advanced onsulship, jointly with Cn. Aufidius Orestes. During the censor? ^cllius and Lentu- lus, who Were remarkable for their severity in rcise of that office, this P. Lentulus, of whom we speak, though ; ' me a man of consu- lar dignity, was expelled the senate for the y of his life. When, the legal term of his degradation was eXpir er to recover the sena- torial! dignity, he was obliged to put in , praetor a second time ; during which praetorship, he was put to • this conspiracy. M2 172 M. T. CICERONIS ORATIONES diam traderetur: itemque uti C. Cethegus, L. Staitil , P: Ga- binius, qui omnes pr&sentes erant, in custodiam uaderentur:- atque idem hoc decretum est in L. Cafsium, qui sibi. procura- tionem incendendae urbis depoposcerat : in M. Caeparium, cui ad solicitandos pastores Apuliani else attributam erat indicatum: in P. Furium, qui est ex his coloniis quas Fesulas L.-Sylla de- duxit: in Q. Magium Chilonem, qui una cum hocFurio semper erat in hac Allobrogum sohcitatione versatus: in P. Umbrenmii; libertinum hominem, a. quo primum Gallos ad Gabinium per- ductos efse coiistabat. Atque ea lenitate senatus est usus, Qui- rites, ut ex tanta conjuratione, tantaque vi ac multitudine do- mesticorum hostium novem hominum perditifsimorum poena, republ. conservata,reliqnorum mentes sanari pofse arbitraretur. Atque etiam ( Iz ) suppiicatio diis immortalibus pro singular* eonim> nierito, meo nomine decreta est, Quirites: Quod mihi. primum post banc utbem conditam togato contigit : et his de- creta verbis est, QUOD URBEM INCENDIIS, CMDE CIVES, IT ALIAM BELLO LIBERASSEM. Quae suppiicatio si cum caiteris conferatur, Quirites, hoc interest (•?*) quod caeterae bene gesta, heec una conservata repub. constituta est. Atque illud, quod faciendum primum fuit, factum atque transactum est ; nam P. Lentulus quanquam patefactus indiciis,etconfefsionibussuis, judicio senatCis, non modo prsetoris jus, verum etiam civis ami- serat \> tanaeri magistratu se abdicavit : ut ( ,4 ) quae religio C.Mario, clarifsimo viro> nou fuerat, quo minus C. Glauciam, de quo nihil nominatim erat decretum, praetorem occideret, ea. nos re- ligione, in private P.. Lentalo punieudo liberaremur. VII,. Nunc, quoniam, Quirites, sceleratifsimi periculosifsimique belli nefarios duces captos jam, et comprehensos tenetis; existi- (12) Suppiicatio.] The suppiicatio was a solemn procefsion to the temples ©f the gods, to return thanks for any victory. Alter obtaining any such remarkable advantage, the general commonly gave the senate an account of the exploit by letters- wreathed about with laurel ; in which, after the account of his succefs, he desired the favour of a supplication, or public thanksgiv'- | This being granted for a set number of days, the senate went ii) i •-.■. n maimer to the chief temples, and afsisted at the sacrifices proper to the occasion ;. holding a feast in the temples to the honour of the respect :ies. In" the mean time the whole body of the commonalty kept ho, and frequented the religious afsemblies, giving thanks for the late s. imploring a long continuance of the divine favour and afsista . ' (13) Quod l I cue gestd, hct'C una conservata 7-epnblica constituta est.~\ The meaning is, that thanksgivings had been decreed to others, for their good fortune a in war ; but to Cicero, for preserving the com- monwealth iron. v his diligence defeating the designs of its ene- mies without dra d. Cotta, a man of distinguished abilities, and eminent for thu i 'ces he had done his country, proposed this thanksgiving, to wh, - f e agreed without one difsenting voice. (14) ' Qua- religio.'] . v 'h, the author of the Dauuhin edition of Cicero's select orations^ < Terent explication of this paisage, from o CICERo's ORATIONS. . 173 Iraving abdicated the praetorship, should be committed to safe custody; that C. Cethegus, L. Statilius, P. Gabinius, all.three then present, should likewise remain in confinement; and that the same sentence should be extended to L. Cafsius,, who had offered himself to the task of firing the city ; to M. Ceparius, to whom, as appeared, Apulia had been assigned for raising the shepherds; to P. Furius, who belonged to the colonies settled by Sylla at Fesulai ; to *Q. Magius Chilo, who had always seconded this Furius, in his application to the deputies of the Allobroo-ians ; and to P. Umbrenus, the son of a freed man, who was proved to have first introduced the »Gauls to Gabinius. The senate chose to proceed with this lenity, Romans, from a persuasion that though the conspiracy was indeed formidable, and the ftrength and number of our domeltic enemies very great ; yet by the punishment of nine of the most desperate, they should be able :to preserve the state, and reclaim all the rest. At the same time a public thanksgiving was decreed in my name to the immortal gods, for their fignal *care of the com- monwealth; the first, Romans, since the buiidingpf Rome, that was ever decreed to any man in the g'own. It was conceived in these words: " Because I had preserved the city from aeon- Cl flagration, the citizens from a mafsaere, and Italy from a " war." A thanksgiving, my countrymen, -which if compared with others of the same kind, will be found to differ from them in this; that all others were appointed for some particular services to the republic, this alone for saving it. What required cur first care was first-executed and despatched* For -P: Len- tulus, though in consequence of. the evidence brought against him, and his own confefsion, the senate had adjudged him to have forfeited not only the praetorship, but the privileges of a Roman citizen, divested himself of his magistracy; that the ^consideration of a public character, which yet had no weight with the illustrious C. Marius, w r hen he put to death the praetor C. Glaucia, against whom nothing had been*exprefsly decreed, might not occasion any scruple to. us,, in punishing P. Lentulus ? now reduced to the condition of a private man. Sect. VII. And now, Romans, as .the detestable leaders of this impious and unnatural rebellion are seized, and in custody, you that which I have chosen to follow in the translation. I shall here tran- scribe what he says on this subject, that the reader, .by comparing both, may be the better able to judge which ought to have trje preference. Commcndat suum ill u& /actum comparatione illius quod a Mario factum est.; nam nihil moratus ^est ille, quo minus Glauciam interficeret, qui Saturninum, tribunum plebis contra rempublicam molientcm sequutus fucraii Nulla auteni religione tenebatur sic dgere; at ipse Cicero religione obstringebatnr.; quia decretwn non solum fuit d senatu, ut viderent consules, ?ie quid respublica delrimenti caperet, verum etiam, ut Lentulum in custodiam traderent. At Marias tantum jufsus est a senatu rempublicam conservare, nequeei quicquan ; i fde Glaucia denumdatum f tier at. Ms 174 M. T. CICERONIS ORATIONES. mare dcbetis, omnes Catiiinre copias, omnes spes, atque opes, his depulsis urbis periculis, concidifse. Quern quidemego cum ex urbe pellebam hoc providebam ammo. Quirites, remoto Catilina, nee mihiefse P. Lentulisomnum, nee, L. Cafsii adipem, nee C. Cethegi furiosam temeritatem pertimescendam. Hie erat unus timendus ex his omnibus, sed tamdiu, dum moenibus urbis continebatur ; omnia norat; omnium aditus tewebat : appellare, tentare, solicitare poterat, audebat: erat ei consilium adfacinus aptum: consilio autem neque lingua, neque manus deerat; jam ad caeteras res conficiendas certos homines dclectos ac descriptos habebat: neque vero cum aliquid mandaverat, confectum putabat: nihil erat, quod non ipse obiret, occurreret, vigilaret, laboraret: frigus, • sitim, famem ferre poterat. Hunc ego hominem tarn acrem, tarn paratum, tarn audacem, tarn calliduni, tarn in scelere vigilantem, tarn in perditis rebus diligcntem, nisi ex domesticis insidiis in castrense latrocinium compulifsem (dicam id, quod sentio, Quirites) non facile banc tantani molem mali a cervicibus vestris depulifsem ; non illc vobis Saturnalia constituifset, neque tanto ante exitimn, ac fati diem reipubl. denuntiafset ; neque commisifset, nt signum, ut liters sua', testes denique manifesti sceleris deprehenderentur ; quae nunc, illo absente, sic gesta sunt, ut nullum in privata domo furtum imquam sit tam palam inventurn, (main fee tanta in rempub. conjuratio manifesto inventa atque deprehensa est Quod si Catilina in urbe ad banc diem remansifsct: quanquam quoad fuit, omnibus ejus consiliis occurri at(]ue obstiti, tamen, ut ievifsime dicam, dimicandum nobis cum illo fuifsct: neque nos unquam, dum ille in urbe hostis fuifsct, tantis periculis rempublicam tanta pace, tamo otio, tanto silentio libcrafscmus. VIII. Quanquam hare omnia, Quirites, ita sunt a me admmi>- trata, ut deorum immortalium nutn atqiie consilio et gesta et provisa efsc vidcantur ; id(]ue cirth conjectma eonsequi poisiimus, quod vix videtur humani consilii tantarum rcrum gubematio potuiise; turn vero ita prfcse'ntes hi.> t openi et auxiliuni nobis tulerunt, ut eos pone bculis videre poison Nam ut ilia omittam, visas nocturno tempore ad 01 ardoremque cam, ut fulminum jactas, ut terra: nioti; - ,ue, qure tain multa, nobis consulibus, facta sunt, v use nunc fiunt, canere dii immortales viderentur: hoc Corte, I quod sum clicturus, neque pnUiTinittemlum, neque relin- quendum est! Nlim profecto menu ttia tenetis, Cotta et Torquato COoS. comnlures in capitolio tunos de ca j lo percuikis, cum et simulacra deorum immoitajium depulsa sum, n.. v justly conclude, that Catiline's whole strength, power, and hopes are broken, and the dangers that threatened the city dis- pelled. For when I was driving him out of the city, Romans, I clearly foresaw, that if he was once removed, there would be nothing to apprehend from the'drowsinci's of Lentulus, the fat of Cafsius, or the rashnels of Cethegus. He was the alone for- midable person of the whole number, yet no longer so than while he remained within the walls of the city. He knew everything; he had accefs in all places : he wanted neither abilities nor boldnefs to addrefs, to tempt, to solicit. He had a head to contrive, a tongue to explain, and a hand to execute any undertaking. He had select and proper agents to be em- ployed in every particular enter prize ; and never took a thing to be done because he had ordered it, but always pursued, urged, attended, and saw it done himself ; declining neither hunger, cold, nor thirst. Had I not driven this map, so keen, so resolute, so daring, so crafty, so alert in mischief, so active in desperate designs, from his secret plots within the city, into open rebellion in the fields, I could never so easily, to speak my real thoughts, Romans, have delivered the republic from its dangers. He would not have fixed upon the feast of Saturn, nor nanted the fatal day for our destruction so long before- hand, nor suffered his hand and seal to be brought against him, as manifest proofs of his guilt. /Yet all this has been so ma- naged in his absence, that no theft in any private house .was ever more clearly detected than this whole conspiracy. But if Catiline had remained in this city till this day ; though to the utmost I would have obstructed and opposed all his de- signs ; yet, to say the least, avc must have come at last to open force ; nor would we have found it pofsible, while that traitor was in the city, to have delivered the commonwealth from imch threatening dangers, with so much ease, quiet, and tran- quillity;. Sect. VHI. Yet all these transactions, Romans, have been so managed by me, as if the whole was the pure effect of a divine influence and foresight. This we may conjecture, not only from the events themselves being above the reach of human counsel, but because the gods have so remarkably in- terposed in them as to show themselves almost visibly. For not to mention the nightly streams of light from the western sky, the blazing of the heavens, the thunders, the earthquakes, with the many other prodigies which have happened in my con- sulship, that seem like the voice of the gods, predicting these, events; surely, Romans, what I am now about to say, ought nei- ther to be omitted, nor pais without noticed For cjoubtfefs you must remember, that under the consulship of Cotta and Torqua- tus, several turrets of the capitol were struck down with lightning : that the images of the immortal gods were likewise overthrown, % M 4 Jf0 M. T- CICERONIS ORATIONES. laced, and the brazen tables of the laws melted "tfbwn; tl i Romulus, the founder of this city, escaped not unhurt; whose gilt statue, representing him as an infant sucking a wolf, you may remember to have seen in the capitol. At that time the soothfayers, being called together from all Etruria, declared that fire, slaughter, the overthrow of the laws, civil war, and the ruin of fe^e city and empire were por- tended, unlcfs the gods, appeased by all sorts of means, could be prevailed with to interpose, and bend in some measure the desti- nies themselves. In consequence of this answer, solemn games were celebrated for ten days; nor was any method of pacifying the gods omitted. * The same soothsayers likewise ordered- a larger statue of Jupiter to be made, and placed on high, in a po- sition contrary to that of the former image, with its face turned towards the east:- 'intimating, that if his statue, which you now behold, looked towards the 1 rising sun, the forum, and the senate- house ; then all secret machinations against the city and empire would be detected so evidently, as to be clearly seen by the se- nate and people of Rome. Accordingly the consuls of that year ordered the statue to be placed in the manner directed : but from the slow progrefs of the work, neither they, nor their suceefsors, nor I myself, could get it finished till that very day. Sect. IX. Can any man, after this, be such an enemy to truth, so rash, so mad, as to deny, that all things which we see, and above all, that this city is governed by the power and providence of the gods? For "when the soothsayers, declared, that mafsacres, conflagrations, and the entire ruin of the state were then de- vising ; crimes, the enormity of whose guilt rendered the pre- diction to some incredible: yet are you now sensible, that all this lias been, by wicked citizens, not only devised, but even at- tempted. Can it then be imputed to any thing but the imme- diate interposition of the great Jupiter, that this morning, while the conspirators and witnefses were by my order carried through the forum to' the temple of Concord, in that very moment me statue was fixed in its place ? and being fixed, and turned to look upon you and the senate, both you and the senate saw all the treasonable designs against the public safety, clearly detected and exposed; Spf he conspirators, therefore, justly merit the greater punishment and detestation, for endeavouring to involve in impious flames, net only your houses and habitations, but the dwellings and temples of the gods themselves; nor can I, without intolerable vanity and presumption, lay claim to the merit of having defeated their attempts. It was he, it was Ju- piter himself who opposed them: to him the capitol, to him the temples, to him the city, to him are you all indebted for your preservation. It was from the immortal gods, Romans, that I derived my resolution and foresight ; anol by their providence, It! M. T. CICERONIS ORATIONES. imntortulibus dncibus banc mentem, Quirites, voluntatemque suscepi, atque ad ba^c tanta indicia prevent Jam vero ilia Allobrogum solicitatio, sic a Lentulo ca?terisqueMomesticis hos- tibus, ( l6 ) tanta res, tam dementer credita et ignotis et barbaris, coinniii'sa-'que litene nunquain efsent profecto, nisi a diis immor- talibus huic tantfie audacirje consilium eiset ereptnm, Quid vero ? ut bomines Galli ex civitate male pacata, quce gens una restat qua? populo Rom. bellum facere et poise, et non nolle videatur, spem imperii, et rerum amplifsimarum ultro sibi a patriciis ho- minibus oblatam negligerent, vesiramque salutem suas opibus antcponerent: id nonne divinitus factum efse putatis? pra?sertim €]ui nos non pugnando, sed tacendo superare potuerunt. X, Quamobrem, Quirites, quoniam ad omnia pulvinaria sup- plicatio decreta e^t, celebratote illos dies cum conjugibus ac li- heris vestris. Nam multi sa^pe honores diis immortalibus justi Iiabiti sunt ac debiti, sed prol'ecto justiores nunquam. Erepti enim cstis ex crudelifsimo ac miserrimo interitu, et erepti sine caede, sine sanguine, sine exercitu, sine dimicatione: togati ma uno togato cluce et imperatore vicistis. Etenim recordamini, Quirites, omnes civiles dilsensiones, neque solum cas quas audis- tls, sed et lias, quas vosmet ipsi meministis et vidistis. L. Svlla P. ( x 7) Sulpicium opprefsit; ex iirbe ejecit C. Marium custodem bu- jus nrbis; nmltosque fortes viros partim ejecit ex civitate, partim interemit; Cn. Octavius Cos. armis ex urbe collegam suum ex- pulit: omnis bic locus aeervis corporum et pivium sanguine re- clnndavit. Superavit postca China cum Mario, turn vero Claris- skrnis viris interfeetis, ( ,8 ) lumina civitatis exstincta sunt. Ultus (16) Tanta res tam dementer.'] There could not be a greater instance of infatuation, than to impart the design of so dangerous a conspiracy and ■vi ar, to strangers and barbarians : for so our orator calls the Allobrogians ; it being usual with the Romans, to give the name of barbarians to all fo- reign nations, the Greeks only excepted. ( I7 N ) Sulpicii'in opjire fsif— Muii urn eject t— Oct avi ::s coUegam suum expulit.'] Sxl'la, by a decree of the senate, having obtained the command in the war ;v[\arr.st Mithridates; Maries, who envied him that honour, contrived, by means of Sulpieins/ a tribune of the people, to get this order of the senate reversed, and the command conferred upon himself. In the mean time SvUa, who was upon his march to the Mithridatic war, hearing of « parsed in the forum, returned with his legions to Rome; and having entered it after seme resistance, drove Maries and his accomplices to the met . or'th the occasion and the example to all the rest that followed. The tri- bune Sulpieins was slain; and Marius so warmly pursued, that he • forced to plunge himself info the marshes of Minturnum. up to the chin in v/i'ter; in which condition he lay concealed for some time, till being dis- covered and dragged out, he was preserved by the compafsion of the inha- bitants, who, after refreshing him from the cold and hunger which he had -'.Tiered in his night, furnished him with p vefsel, and all necefsaries, to I 1 himself into Africa. Cicero call- him here the guardian of the cit^ "tie which was bestowed upon him after the conclusion o\ the wrr with the Teutones and Cmibrk He was, in like maimer with Cicero, a ttire o. CICERO'S ORATIONS. J 79 that I was enabled to make such important discoveries. The attempt to engage the Allobrogians in the conspiracy, and the infatuation of Lentulus and his afsociates, in trusting affairs and letters of such moment to men barbarous and unknown to them, can never surely be accounted for, but by supposing the gods to hav/e confounded their understandings. And that the ambafsa- dors of the Gauls, a nation so disaffected, and the only one at present that seems both able and willing to make war upon the Roman people, should slight the hopes of empire and dominion, and the advantageous offers of men of patrician rank, and pre- fer your safety to their own interest, must needs be the effect of a divine interposition; especially when they might have gained their ends, not by fighting, but by holding their tongues. Sect. X. Wherefore, Romans, since a thanksgiving has been decreed at all the shrines of the gods, celebrate the safne reli- giously with your wives and children. Many are the proofs of gratitude you have justly paid to the gods on former occasions, but never surely were they more apparently due than at present. You have been snatched from a most cruel and deplorable fate; and that too without slaughter, without blood, without an army, without fighting. In the habit of citizens, and under me your only leader and conductor in the robe of peace, you have ob- tained the victory. Fordo but call to mind, Romans, all the civil difsensions in which we have been involved ; not those only you may have heard of, but those too within your own me- mory and knowledge. L. Sylla destroyed P. Sulpicius; drove Marius, the guardian of this empire, from Rome; and partly ba- nished, partly slaughtered, a great number of the most deserving citizens. Cn. Qctavius, when consul, expelled his colleage, by force of arms, from the city. The forum was filled with carcases r and flowed with the blood of the citizens. Cinna afterwards, in conjunction with Marius, prevailed: and then it was that pinnm, and is frequently commended by our orator in his speeches. Cn. Octavius was colleague in the consulship with Cornelius Cinna; which laft attempting to reverse all that Sylla had established, was driven out of the city by his colleague, with six of the tribunes, and deposed from the consulship. Upon this he gathered an army, and recalled Marius, who having joined his forces with him, entered Rome in a hostile manner, and, with the most horrible cruelty, put all Sylla^s friends to the sword, without regard to age, dignity, or former services. But Sylla soon after returning from the Mithridatic war, changed the face of affairs, re-established him- self in his former authority, and triumphed over all his enemies. (18) Lwnina cititatis extiricta su?it.~] Upon occasion of the Marian pro- scription, there fell, among many others of lefs note, the consul Cn. Octa- vius; the two brothers L. Ca?sar, and C. Caesar; P, Crafsus, and the ora- tor M. Antonius; whose head, as Cicero says, was fixed upon that rostra where he had so strenuously defended the republic when consul, and pre- served the heads of so many citizens ; lamenting, as it were ominously, the. mifery of that/ fate which happened afterwards to himself, from the grand- 1-80 M. T. CICERONIS ORATIONES. -est bujusvictoriae crudelitatem postea Sylla : rie dici quidem opus est, C 9 ) quanta diminutione civium, et quanta calamitate reipub. ( i0 ) Difsensit M. Lepidus a clarifsimo et'ibrtifsimo viro Q. Catulo^ attulit (**) non tarn ipsius interitus reipub. luctum, quam caete- roruni. Atque illse difsensiones erant hujusmodi,- Quirites, qua? non id delendam,sedad comimitandam rempub. pertinerent; non illi null am efse rempub. sed in ea quee efset, ,se.efse principes; neque banc urbem conflagrare, sed se in hac urbe florere, volue- runt. Atque illae tamen omnes difsensiones, quarum nulla exi- tium reipub. quaesWit, ejusmodi fuerunt, ut non reconciliatione concordiqe, sed, internecione civium dijudicatae sint. In hoc au- tem uno post hominum memoriam maximo crudelifsirnoque bello t{ quale be Hum nulla unquam barbaria cum sua gente gefeit; quo in bello lex haec fuit a Lentulo, Catilina, Cafsio, Cetbego consti- tute, ut omnes qui salva urbe salvi efse pofsent, in bostium nu- inero ducerent/wr) ; ita megessi, Quirites, ut omnes salvi con- servaremini; et cum hostes vestri tantum civium superfuturuni putafsent, quantum infinitae caedi restitifset : tantum autem urbis, quantum flamina obire non potuifset : et urbem, .et cives inte- gros incolumesque servavi. XI. Quibus pro tantis rebus, Quirites, nullum ego a vobis pre- mium virtutis, nullum insyne honoris, nullum monumentum son of this very Antonius. Q. Catulus also, though lie had been Marius's ■colleague in trie consulship, and his victory over "the Cimbri, was treated ^vith the same cruelty • for when his friends were interceding for his life, Marius made them no other answer, but, He must die, he must die.; so that he was obliged to 'kill himself. (19) QuGjita diminutione cixbum.'] Sylla having subdued all who were in arms against him, indulged himself in a full revenge on his enemies ; m which., by. the detestable method o( proscription, of which he was the first author and inventor, he exercifed a more infamous cruelty than had ever been practised in cold blood, in that, or perhaps in any other city. The proscription was not confined to Rome, but carried through all the towns of Italy; where, betides the crime of party, which was pardoned to none, it was fatal to be pofsefsed of money, lands, or a pleasant seat ; all manner of licence being indulged to an insolent army, of carving to themselves what fortunes they pleased. There perished upon this occaiion ninety se- nators, fifteen of whom were consulars; and two thousand fix hundred Roman knights. We are told, that during the heat and fury of the pro- scription, Furfidius admonished him not to make a total havock of the Ro- man people, but to suffer some to remain alive, over whom he might rule. (20) Difsensit M. lepidus a Q. Catulo.~] After the death of Sylla, the old difsensions, that had been smothered awhile by the terror of his power, -burst out again into a llame between the two factions, supported severaliy by the two consuls, Q. Catulus and M. Lepidus, who were wholly opposite to each other in party and politics. Lepidus resolved at all adventures to rescind the acts of Sylla, and recal the exiled Marians. Catulus's father, fiie ablest statesman of his time, and the chief ifserter of the aristocraticai interest, had been condemned to die by Marius ; the son therefore, who inherited his virtues, as well as principles, and was confirmed in •flje-Bi by a resentment of that injury, vigorously opposed, and effectually CICERO'S ORATIONS. *Si the very lights of our country were extinguished by the slaughter of her most illustrious men. Sylla avenged this cruel victory ; with what mafsacre of the citizens, with what calamity to the state-, it is needlefs to relate. M. Lepidus- had- a difference with Q. Catulus, a man of the most distinguished reputation and merit. The ruin brought upon the- former was not so afflicting to the republic, as that of the rest who perished upon the same occasion. Yet all these difsensions, Romans, were of such a nature as tended only to a change in the government, not a total destruction of the state. It was not the aim of the persons- concerned to extinguish the commonwealth, but to be the lead- ing men in it ; they desired not to see Rome in flames, but to* rule in Rome. And yet all these civil differences, none of which tended to the overthrow of the state, were so obstinately- kept up, that they never ended in a reconciliation of the parties, but in a mafsacre of the citizens. But in this war, a war the' fiercest and most implacable ever known, and not to ba paral- leled in the history of the most barbarous nations ; a war in- which Lentulus, Catiline, Cafsius and Cethegus, laid it down as- a principle to consider all as enemies who had any interest in : the well-being of the state : I have conducted myself in such a- rnanner, Romans, as to preserve you all. f And though your enemies imagined that no more citizens -\vould remain than what escaped endlefs mafsacre; nor any more of Rome be left standing than was snatched from a devouring conflagration ; yet have I preserved both city and citizens from harm. Sect. XI. For all these important services, Romans, I desire no other reward of my zeal, no other mark of honour, no other monument of praise, but the perpetual remembrance of this disappointed all the designs of his colleague;, who finding himself unabie to gain his end without recurring to arms, retired to his government o£ Gaul, where he raised what forces he could, and returned at the head of a great army, pofsefsing himself of Etruria without opposition,, and marching in an hostile manner towards the city, to the demand of a second consul- ship. Catulus, in the mean time, upon the expiration of his office, was in- vested, with proconsular authority, and charged with the defence of the government; and Pompey also, by a decree of the senate, was joined with him in the same eommifsion ; who having united theb forces- before Lepi- dus could reach the city, came to an engagement with him near the Milvian bridge, within a mile or two from the walls, where they totally routed and dispersed his whole army. Lepidus himself escaped into Sardinia, where he soon after died of grief. (21) Non tarn ipsius interitii&.~\ It is worth while to observe what caution. and prudence the orator exprefses in this pafssage. He does not wholly deny that the death of Lepidus was calamitous to the state ; for this speech was addrefsed to the people, who considered Lepidus as one of the heads of the Marian party ; which, in tact, they were always disposed to favour,, regarding it as their own. He therefore allows the fall of this leader to be a misfortune ; yet not so much for his own sake, as on account of the many eminent patriots who perished oa the same occasion, JUS2 m. i. CICERuNIs QRATIONIS. laudis postulo, prseterquam hujus diet memoriam sempiternam. In aaimis ego vestris onines triuraphos meos, omnia orna- menta honoris, mqnumenta gloriae, laudis insignia, condi et coJlocari volo ; nihil me mutum potest delectare, nihil taciturn, nihil dcnique hujusmodi, quod etiam minus digniafsequi pofsint. Tvlemoiia vestra, Quirites, nostra? res alentur, sermonibus cres- cent, literarum monumentis inveterascent et corroborabuntur : ( 22 ) eandemque diem intelligo, quam spero aeternam fore, et ad salutem urbis, et ad memoriam consulates mei propagatam : unoque tempore in hac republica duos cives extitiise, quorum alter fines vestri imperii, non terrse sed cceli regionibus termi- naret; alter ejusdem imperii domicilium sedemque servaret. XII. Sed quoniam earum rerum quas ego gefsi, non est eadem fortuna atque conditio, qua; illorum qui externa bella gesserunt: quod mihi vivendum sit cum iilis, quos vici ac subegi : isti hos- tes aut interfectos, aut opprefsos reiiquerunt : vest rum est, Qui- rites, si ceteris recta sua facta prosunt, nihil mea ne quando obsmt, providere; mentes enim liominum audacifsimorum scc- leratas ac nefariae ne vobis nocere pofsent, ego providi : ne mihi noceant, vestrum est providere. Quanquam, Quirites, mihi quidem ipsi nihil jam ab istis noceri potest ; magnum enim est in bonis presidium, quod mihi in perpetuum comparatum est : magna in republica dignitas, qua; me semper tacita defendet ; magna vis est conscientioe, quam qui negligent, cum me violare volent, se ipsi indicabunt. Est etiam in nobis is animus, Qui- rites, ut non modo nullius audacise cedamus, sed etiam omnes improbos ultro semper lacefsamus. Quod si onmis impetus do- mesticoruiii hostium depulsus a vobis sc in me unum converterit ; vobis erit providendum, Quirites, qua conditions pasthac efse vciitis, qui se pro salute vestra obtulerint invidiam, periculis- que omnibus. JNIihi quidem ipsi quid est quod jam ad vita' true turn pofsit acquiri, pra\sertim cum neqne in honore vestro, ncque in gloria virtutis quidquam vxleam aitius, (**) quo quidem (22) F.andemque diem iuiclligo.~\ Dies here s! anils for tempos; which meaning of the word we frequent!} meet with in hi.s treatise Dedix The v. hole sentence may be paraphrased thus: Intelligo, candem diem, id est, idem f cm pus propa^atum efse, et. ad sal idem urbis, t siflatys mei: quod quidem tempus spero aieruumfore. Itaquc qufl Lit. urbs, tamdiu recordabuntur homines, uno tempore duos in extit([se cites, SCc. By the two citizens, of whom lie here speaks, ii is vidus to every one, that he means himself and Porapey. lor while he w;i> employed at home, in crushing; a dangerous conspiracy, in saving tin - from a conflagration, and the citizens from slaughter; Pompey was do leis busied abroad, in exterminating the pirates, who had so long infested the Mediterranean sea, and delivering the republic from the terrors of the Mithridatie war. (23) Quo quidem jniui libejt asee/idere.~\ Cicero was at this time consul, \\Ijich was the highest magistracy in the commonwealth, ihe dictatorship! e\cepteu\ But this last office, which in early times hud oft been of singu- ciceRo's orations. 183 iky It is in your breasts alone jthat I would have all my tri- umphs, all my titles of honour, all the monuments of my glory, all the trophies of my renown, recorded and preserved; Lifelefs statues, silent testimonies of fame ; in fine, whatever can be compafsed by men of inferior merit, has no charms for me. In your remembrance, Romans, shall my actions be cherished, from your praises shall they derive growth and nourishment, and in vour annals shall they ripen and be immortalized : nor will this. (lay, I flatter myself, ever, cease to be propagated, to the safety of the city, and the honour of my consulship : but it shall eter- nally remain upon record, that "there were two citizens living at the same time in the republic, the one of whom was termi- nating the extent of the empire by the bounds of the horizon itself, the other preserving" the seat and capital of that empire. , Sect. XII. ,But as the fortune and circumstances of my ac- tions are different from those of your generals abroad, in as much as I must live with those whom I have conquered and subdued, whereas they leave their enemies either dead or enthralled ; it is your paTt; Romans, to take care, that if the good actions of others are beneficial to them, mine prove not detrimental to me. I have baffled the wicked and bloody purposes formed against you by the most daring offenders ; it belongs to you to bafflle their attempts against me : though as to myself I have in reality - no cause to fear anything, since I shall be protected by tfye, guard of all honest men, whose friendship I have for ever se- cured ; by the dignity of the republic itself, which will never cease to be my silent defender ; and by the power of conscience which all those must needs violate who shall attempt to injure me. /Such too is my spirit, Romans, that I will never yield to the audaciousnefs of any, but even provoke and attack all the wicked and profligate : yet if all the rage of our domestic ene- mies, when repelled from the people, shall at last turn singly upon me, you will do well to consider, Romans, what effect this may afterwards have upon those who are bound to expose themselves to envy and danger for your safety. As to myself in particular, what have I farther to wish for in life, since both ■ with regard to the honours you confer, and the reputation Bow- ing from virtue, I have already reached the highest point of my lar service to the republic in cases Of difficulty and distrefs, was now grown odious and suspected, in the present state of its wealth and power, as dan- gerous to the public liberty ; and for that reason, except in the case of JSylla, whose dictatorship was the pure effect of force and terror, had been wholly disused and laid aside, for about one hundred and forty T years past Cicero therefore justly says, that he had reached the highest post of ho- nour in the state, seeing "the dictatorship was now become so dangerous and suspicious a magistracy, that no good citizen thought it lawful to aspire after it. 184 M. t. CICERONIS ORATlON£S. mihi libeat ascendere ? Illud perficiam profecto, Quirites, ut ea: quae gefsi in consulatu, privatus tuear, atque ornem : ut, siqtia est invidia in conservanda republica, suscepta, laedat invidos, mihi valeat ad gloriam. Denique ita me in republica tractabo, ut meminerim semper quae gefserim, curemque ut ea virtute, non casu gesta efse videantur. Vos, Quirites, quoniam jam nox est, veneramini ilium Jovem, custodem hujus urbis ac vestrum ; atque in vestra tecta discedite; etea, quanquam jam periculum est depulsum, tamen aeque ac priori nocte, custodiis vigiliisque defendite. Id ne vobis diutius faciendum sit, atque ut in per- petua pace efse pofsitis, providebo^ Quirites. ambition? This however, i exprefsly engage ioi, Remaps, always to support and defend in my private condition, what I have acted in my consulship ; that if any envy be stirred up against me for preserving the state, it may hurt the envious, but advance my glory, In short, J shall so behave in the re- public, as ever to be mindful of my past actions, and show that what I die) was not the effect of chance, but of virtue E>o you, Romans, since it is now night, repair to your several dwellings, and pray to Jupiter, the guardian of this city, and of your lives : and though the danger be now over, keep the same watch in your houses as before. I shall take care to put a speedy pe-r riod to the necefsity of these precautions, an4 to secure you for &e future in uninterrupted peace, rn OR ATI o vh; 4. IN L. CATILINAM *. I.. "1 7TDEO,. P. C. in: me omnium vestrum ora atque ocnlos V efse converses: video vos non solum de vestro ac rei- pablicae, verum etiam r si id depulsum sit, de meo periculb else solicitos. Est mihi jucuudo. in malis, et grata in dolore, vestnt erga me voluntas: sed earn, per deos immortaies quaso, depo- nite ; atque obliti salutis me as, de-yobis ae de liberis vestris co- gitate. Milii quidem si haBC conditio consulates data est, ut omftes acerbitates, omncs dolores cruciatusque perferrem ; feram non solum fortiter, sed ctiam libenter, dummodo meis laborious Vobis populoque Romano dignitas salusque pariatur. Ego sum * Though the design of the conspiracy was in a great measure defeated, by the commitment of the most considerable of those concerned in it, vet as they had many secret favourers and well-wishers within the city, "the people were alarmed with the rumour of fresh plots, formed by the slaves and dependents of Lentulus and Cethegus, for the rescue of their mas: which obliged Cicero, to reinforce his guards; and for the prevention of all such attempts, to put an end to the whole affair, by bringing the ques- tion of their punishment, without farther delay, before the senate, which he accordingly summoned fur that purpose, 'the debate was of great de- licacy and importance; to decide- upon the lives of citi/t rank. Capital punishments were rare, and ever odious in Rome, w laws were of all others the least sanguinary; banishment, wit!) confiscal of goods, being the ordinary punishment for the greatest crimes. '!"!• nate indeed, as it has been said above, in cases of sudden and da Tumults, claimed th ©^prerogative of punishing the leaders with death, the authority of their own decrees. But this was looked upon as a str of power, and an infringement of the rights of the people, which nor could excuse, but the necefsity of tunes,. and the extremity of danger. For there was an old law of Porcius Laica, a tribune, which granted all crimi- nals capitally condemnod, an appeal to the people; and a later on (J. Gracchus, to prohibit the taking away the life c( any citizen, without a formal hearing, before the people: m> that some senators, who had con- curred in all the previous debates, withdrew themselves from their dislike of what tiiey expected to be tbei&ueof it, ai hand. in putting Roman citizens to death by a vote of the senate. Here then was ground enough for Cicero's enemies to act upon, if extreme me- thods were pursued: he himself was aware of it, anas the pu'wlic interest called for the severest punishment, Ms private inl yet he came resolved to sacrifice all regards for h : - sideration of the public safety. As soon therefore as he had mored the question, what was to be done with the conspirators- S U elect, being called upon, to speak I ORATION VII. 4. AGAINST CATILINE. Sect. I. T Perceive, conscript fathers, that every look, that A every eye is fixed upon me. I see you solicitous not only for your own and your country's danger, but, was that repelled, for mine also. This proof of your affection is grateful to me in sorrow, and pleasing in distrefs: but by the immortal gods I conjure you ! 1 lay it all aside ; and without any regard to my safety, think only of yourselves and of your families. For should the condition of my consulship be such as to subject me to all manner of pains, hardships, and sufferings ; I will bear them not only resolutely, but cheerfully, if by my labours 2 can secure your dignity and safety, with that of the people of then in custody, with the rest who should afterwards be taken, should alt be put to death. To this all who spoke after him readily afsented, till it came to Julius Caesar, then praetor elect, who in an elegant and elaborate Speech, treated that opinion, not as cruel, since death, he said, was not a. punishment, but relief to the miserable, and left no sense either of good or ill beyond it; but as new and illegal, and contrary to the constitution of the republic: and though heinousnefs of the crime would justify any seve- rity, yet the example was dangerous in a free state; and the salutary use of arbitrary power in good hands, had been the cause of fatal mischiefs when it fell into bad ; of which he produced several instances, both in other cities and their own ; and though no danger could be apprehended froni these times, or such a consul as Cicero, yet in other times, and under ano- ther consul, when the sword was once drawn by a decree of the senate, no man could promise what mischief it might not do before it was sheathed again : his opinion therefore was, that the estates of the conspirators shoukK be confiscated, and their persons closely confined in the strong towns of Italy; and that it should be criminal for any one to move the senate. or the people for any favour towards them. Thefe two contrary opinions being proposed, the next question was, which of them should take place ? Ciesar's had made a great imprefsion on the afsemblv, and staggered even Silanus, who began to excuse and mitigate the severity of his vote ; and Cicero's friends were going, forwardly into it, as likely to create the least trouble to Cicero himself, for whose future peace and safety they began to be solicitous : when Cicero observing the inclination of the house, and ri- sing up to put the question, made this his fourth speech on true subject of* the conspiracy ; in which he delivers his sentiments with all the skill both of the orator and statesman ; and while he seems to show a perfect neu- trality, and to give equal commendation to both the opinions, artfully la?, bours all the while to turn the scale in favour of Silanus's, which he "con- sidered as a necefsary example-&f severity in the present circumstRiH-r* of 188 M. T. CICERONIS ORATIOTJES. Hie consul, P. C. cui non forum, in quo omnis aequitas contine- tur .; non campus, consularibus auspiciis consecratus ; non cu- ria, summum auxilium omnium gentium; non domus, commune perfugium; non lectus, ad quietem datus; non denique haec sedes honoris, sella curulis, un^uam vacua mortis periculo, at- que insidiis fiiit. Ego multa tacui, multa pertuli, multa con- cefsi, multa meo quodam dolore in vestro timore sanavi. Nunc si hunc exitum consulatus mei dii immortales efse volueruut, ut vos, P. C. populumque Romanum ex caxle misera, conjures li- berosque vestros, rirginesque vestales ex acerbifsima vexationc ; templa atque delubra, banc pulcberrimam patriam omnium nos- trum ex foedifsima flamma ; totam Italiam ex bello, et vastitate eriperem ; quaeeunque mihi uni proponetur fortuna, subeatur. Etenim si P. Lentulus suum nomen, inductus a vatibos, fatale ad perniciem reipublicae fore putavit ; cur ego non la-tor, meum consulatum ad salutem reipublicae prope fatalem exstitifse. II. Quare, P. C. consulite vobis, prospicite patria: ; conser- rate vos, conjuges, liberos, fortunasque vestras: populi Romani nomen salutemque defendite : (') mini parcere ac de me cogitare desinite. Nam primum debeo sperare, omnes deos, qui buic urbi president, pro eo mihi ac mereor, relaturos gratiam else ; deinde si quid obtigerit, ecqiio ammo paratoque moriar ; neque enim turpis mors forti viro potest accidere, neque immatura consular i, nee misera sapienti. Nee tamen ego sum ille ferreus, (pi fratris carifsimi atque amantitsimi prasentis mcerore non movear, hor unique omnium lacrvmis, a quibus me circumsesr sum videtis: necjue meam mentem non domuni ssepe revocat exanimata uxor, abjecta metu tilia, et parvulus filius, (*j quern mihi videtur amplecti respublica tanquam obsidem consulatus mei; neque ille, qui exspectans hujus exitum diei adstat in con- spec tu meo gener. Moveor his rebus omnibus, sed in earn par- (i) Mihi parcere, ac de me cogitare desimte."] The Romans very seldom condemned any free citizen to death. They were often allowed to go into banishment, which was reckoned a sort of" death, as it deprived tfiem or all their privileges. The consuls or dictators, and sometimes private men. *!e.v the ringleaders of a tumult: but it was rather winked at as a thin? nt- cefiary in some exigencies, than approved as lawful. Everv free citizen Lad the liberty of an appeal from the senate to the people. * Cicero verv weil knew, that ail the odium of putting the conspirators to death, would .certainly fall upon him, as he was consul, and the most active person in quelling the conspiracy. For this reason he avoids declaring himself openly for Sihuius's opinion; but at the same* thne desires them to deliver their opinions freely, without having any regard to what might befal him after- wards, tor every act of the senate, or people, was always ascribed to the person who summoned the afsembiy ; as he alone presided, and put the questions so that the odium of putting the conspirators to death, though voted by the senate, would as certainly fall upon Cicero, a> if he had done it without their advice. This really was the case, and he was afterv. h arched *" nr pafcinff this verv decree. Rome. Such, consbnpt fathers, has been the fortune consulship, that neither the forum, that centre of all e nor the field of Mars, consecrated by consular ujlispices; i senate-house, the principal refuge of all nations ; nor domestic walls, the common afylum of all men; nor the bed, destined to repose; nay, nor even this honourable seat, this chair of state, have been 'free from perils, and the snares of death./ Many things have I diisembled, many have I suffered, many have I yielded to, and many struggled with in silence, for your quiet. But if the immortal gods would grant that iisue to my consul- ship, of saving you, conscript fathers, and the people of Home, from a mafsacre; your wives, your children, and the vestal vir- gins, from the bitterest persecution ; the temples and altars of the gods, with this our fair cotuitry, from sacrilegious flames, and all Italy from war and desolation ; let what fate soever at- tend me, I will be content with it. For if P. Lentulus, upon the report of soothfayers, thought his name portended the ruin of the state ; why should not I rejoice that my consulship has been as it were reserved by fate for its preservation ? Sect. II. Wherefore, conscript fathers, think of your own safety ; turn your whole care upon the state ; secure yourselves, your wives, your children, your fortunes; guard the lives and dignity of the people of Rome; and cease your concern and anxiety for me. For first, I have reason to hope that all the gods, the protectors of this city, will reward me according to my de- serts., Then should any thing extraordinary happen, I am prepared to die with an even and constant mind. For death can never be dishonourable to the brave, nor premature to one who has reached the dignity of consul, nor afflicting to the wise. Not that I am so hardened against all the imprefsions of hu- manity, as to remain indifferent to the grief of a dear and af- fectionate brother here present, and the tears of all those by whom you see me surrounded. Nor can I forbear to own, that iin afflicted wife, a daughter dispirited with fear, an infant son, whom my country seems to embrace as the pledge of my con- sulship, and a son-in-law, whom I behold waiting with anxiety Cicero's letters to Atticus. He calls him here the pledge of his consulship probably for this reason, because such as had no children, were supposed to be lei's anxious for the public safety, than those who had. For where there were children, there was evidently a double tye upon the father to watch over the preservation of the state ; unless we suppose him divested of all sense of humanity, and without that principle of affection towards his offspring, which nature has been so careful to plaint, not only in man, but 'even in brutes. Hence among the ancient Marseillians, no man was ad- vanced to the honours and dignities of the state, but such as were married, and had children. Cicero's little son therefore, who was so very dear to his father, was a kind of pledge in the hands of the commonwealth, and gave the strongest afsurance that the father would undertake nothing" but with an eye to the public advantage. N3 M. T. CICERONIS ORATlONES. : salvi sint vobiscum emnes, etiam si vis aliqua me orj.- •it, potius quam ut et ilia, et nos una reipub. peste perea- ^uare, P. C. incumbite ad reipub. sal litem: circumspieite procellas, quae impendent, ni*i providetis; non Tib. ius, qui iterum tribunus plebis fieri voluit: non C. Grac- qiii agrarios concitare conatus est: non L. Saturninus, qui milium oceidit, in discrimen aliquod, atque in vestne se- is judicium adducitur. Tenentur ii, qui ad urbis incen- dium, ad vestrum omnium cuedem, ad Catilinam accipiendum Romas restiter'unt: tenentur literse, signa, manus, denique uni- uscujusque confefsi'o; solicitantur Allobroges ; servitia excitan- tur: Catilinaarcefsitur; id est, initum consilium, ut, interfeetis omnibus, nemo ne ad deplorandum quidem reip. nomen, atque ad lamentandam tanti imperii calamitatem relinquatur. III. Hsec omnia indices detulerunt, rei confefsi Mint, vos mul- f is jam judiciis judieavistis; primum, quod niibi gratias egistis gingufcu'jbus verbis, et me virtute atque diligentia perditorum hominum patefactam else ccvnjurationem decrevistis: deindc, quod P. Lentulum, ut se abdicaret pravtura. coegistis: turn quod gum, et ca2teros, de quibus judicavistis, in custodiam dandos Ocnsuistis : maximeque, quod meo nomine supplicationem de- crevistis, qui honos togato habitus ante me est nemini : postremo, hesterno die pr-emia legatis Allobrogum, Titoque Vulturcio de- distis amplifsima; quae suut omnia eju>modi, ut ii, qui in custom diam nominatim dati sunt, sine ulla. dubitatione a vobis dumnati efse videuritur. Sed ego institui referre ad vus, P. C. tanquam integrum, et de facto, quid judicetis; et de puna, quid cense- atis; ilia pra:dicam, quas sunt consults. Ego magnum in re- publica versari lurorem, nova qua-darn misceri et concitara mala jampridein viclebam: sed banc tantam, tarn exitiosam haberi conjurationem a civibus nunquam putavi. Nunc quidquid i quocunque vestrrc merries inciinant atque - dum vobis ante noetem est. Quantum facmus ad nos delatum sit, videtis : liuic si paucos putatis aifines efse, vehemei ratis. Latins opinione dilVuninatum est hoc malum: manavii non solum per Italiam, verum etiam transcendit Alpes, et ob- (3) Staiuendum vobis ante noetem est .] There were two reason* that mad* it necefsairy for the senate to come to some resolution before night. First because it was to be feared that the fr '.ends and favourers oi the conspira- tors would raise some tumult during the night, and attempt a Secondly, because there was a necefsitv for diliniising the senate befor* flight. For we learn from Varro in Aulus Gellius, that no decree of tin senate was looked upon as valid, if it pafsed after sun-set, or before *u:i CICERO S ORATIONS. 191 the ifsuc of this day, often recall mv thoughts homewards. All these objects aiiect me, yet in such a manner that I am chiefly concerned for their preservation and yours, and scruple not to expose myself to any hazard, rather than that they and v all of us should be involved in one general ruin. Wherefore, conscript fathers, apply yourselves wholly to the safety of the state, guard against the storms that threaten us on every side, and which it will require your utmost circumspection to avert. Jt is not a Tiberius Gracchus, caballing for a second tribimeship : nor a Caius Gracchus, stirring up the people in iavour of his Agrarian law; nor a Lucius Saturnintis, the murderer of Caius Meminius, who is now in judgment before you, and exposed to ■the .severity of the law: but traitors, who remained at Rome to fire the city, to mafsacrc the senate, and to receive Catiline. Their letters, their seals, their hands; in short, -their several confessions ,are in your custodv, and clearly convict them of soliciting the A liobrogians, spiriting up the slaves, and sending for Catiline. The scheme proposed was to put all without exception to the sword, that not a soul might remain to lament the fate of the .commonwealth, and the overthrow ©f so mighty an empire. Sect. III. All this has been proved by w itnefses, the crimi- nals themselves have confefsed, and vou have already condemned them by several previous acts. First, by returning thanks to me in the most honourable terms, and declaring tliat by my virtue and vigilance, a conspiracy of desperate men has been laid open. Next, by deposing Lcntulus from the pntorslap, and committing him, with the rest of the conspirators, to cu - tody. But chiefly, by decreeing a thanksgiving in my name, an Ijonour which was never before conferred upon any man in the gown. Lastly, you yesterday voted ample rewards to the deputies of the Allobrogians, and Titus Viilturcius k all proceedings are of sucli a nature as plainly to make it appear tliat you already, without scruple, condemn those whom you ha\e by name ordered into custody. But I have resolved, conscript fathers, to propose to you anew the question l>otu of die fact and punishment, having first premised what I think proper to say as consul. I have long observed a spirit of dis- order working in the state*, new projects devising, and perni- cious schemes *et on foot; but never could I imagine that a conspiracy so dreadful and destructive, had entered into the minds of citizens. Now whatever you i\o ? or whichever v, 0. your thoughts and voices skill incline, vou must come to a re- solution before night. You see the heinous nature of the crime laid before you; and if you think that but few are concerned in it, you are greatly mistaken. The mischief is Spread widei than most people imagine^ and has not only infected Italy, cruised the Alps, and imperceptibly creeping along. se : zed m M 192 M. T. CICEHONIS ORAtlOfctS, scurc serpens multas jam provincial occupavit. t Id opprimi susteridaodo ac prolatando nullo pacto potest; quacunque ra* tione placet, celeriter vobis vindicandum «st~ IV. Video duas adhuc else sententias: unam D. Silani, qui Censet eos, qui haec dele re conati sunt, inorte efce multandos : (♦) alteram C. Catsaris, qui mortis pcenam removet, coeterorum suppliciorum omnes acerbitates amplectitur* Uterque et pro sua dignitate, et pro rerum magnitudine in sunima severitate versatur. Alter eos, qui rtos omnes, qui populum Homanura vit& privare conati sunt, qui delere imperium, qui populi lio- mani nomen extinguere, punctum temporis frui vita et hoc communi spirit u non putat oportere : atque hoc genus poena; saepe in ini prcbw cives in hac lepubl. efse usurpatum recordatur. Alter intelligit, mortem a diis immortalibus non else supplicii causa constitutam, sed aut necefsitatem naturae aut labor um ac miseriarum quietemefce; itaque earn sapientcs nunquam inviti, fortes etiam sacpe Jibenter oppetiverunt ; vinculct vero, et ea ^ sempiterna, certe ad singularem pcenam nefarii sceleris invents sunt; itaque municipiis dispertin jubet. Habere videtur ista res iniquitatem, si imperare velis: dirhcultatcm, si rogare; de- cernatur tamen, si placet. Ego enim suscipiam, et, ut spero, teperiam, qui id, quod salutis omnium causa statueritis, non putet sua; dignitatis recusarcZ Adjungit gravem prrtiatn muni- cipibus, si quis eorum vincula ruperit: horribilcs custodias cir- V cundat, et digna scelere hominum perditorum sancit; ne quis eorum poenani, quos condemnat, aut per senatum, aut per po- pulum levarc pofsit: eripit etiam speigp' qutr sola Imminent in miseriis consolari solet; bona pra?tcm< publicari jubct; vituni soJam relinquit nefariis hominibus: qtiam si eripuifset, multas tino dolore animi ac corporis, et omnes scelerum jxenasadomis- set. Itaque ut aliqua in vita tbrmido improbis cfset posira, spud inferos cjusmodi qua'dam i!li antiqui supplicia impiis constituta efce voluerunt; quod videlicet inteUigt-bant, Ins rcmotis, non else mortem ipsam pertimescendam. V. Nurrc, P. C. ego mea video quid intcrsit ; si otitis sreuti scntentiam C. Casaris, quoniani lianc is in republic* viaui, ^ qua; popularis habetur, secutns est, fortatse minus criint, hoc auctore et cognitorc hujusce sententia , mihi populates impetus (4) Alteram C. Ciesaris.'] 1 1 is opinion was. as we have already seen, pet* pelual imprisonment in the tree towns of Italy. Phe speech hp made this occasion, or at least the substance of it, is extant In Sallitst. Tl iser of this vote, i-u if vou lid] in with the 194 M. T. cic£rok:s ouationes. pertimescendi : sin illam alteram sec uti eritis ; nescio an amplhis mi hi negotii contrahatur ; sed tamen meorum periculorum ra- tioncs utilitas reipublicae vincat, Habemus enim a C. Genre, sicut ipsius dignitas, et majorum ejus amplitude* postulabat, aentcutiaui, tanquam obsidcin perpetuae in rempublicam volun- tatis; intcllectum est quid intersit inter lenitatem (*) conciona- torum, et animum vere popularcm, saluti populi consulcntcm. {'). Video de istis, qui se populates haberi volunt, abefse non neuunem, ne de capitc videlicet civium Romanorum sententiam ferat; is et nudiustertius in custodiam civesRomanosCethegum et P. Lentulum dedit, et supplicationem mihi decrevit, et indi- ces hesterno die max inns pracmiis arlecit. Jam hoc nemini du- bium est, qui reo custocliam,qua?sitori gratulationem, indici premium decrevit, quid de tota re et causa judicarit. At vcro C. Casar intelligit, ( 7 ) legem Semproniam efse de civibus Ko- jnanis constitutain : qui autem reipub. sit hostis, eum civem efse nullo modo pofse ; deniquc ipsum latorem legis Scmproniiv, jufsu populi pcenas rein, dependilse; idem etiam ipsum Lentu- lum, iargitorem et prodigum non putat, cum de pernicie reip. «t exitio hujus urbis tarn acerbe tamque crudeliter cogitarit, ap- pellari poise popularcm. Itaque homo mitifsiinus atque lenii'si- mus non dubitat P. Lentulum acternis tenebris vincuiisque man- dare: ct sancit in posterum, ne quis hujus supplicio levando se jactarc, et in pernicie reipub. posthac popularis efse pofsit ; ad- jungit etiam publioationem bouorum, ut omnes animi cruciatus et corporis, etiam egestas ac mendicitas consequatur. VI. Quamobrem sive hoc statueritis, dederitis mihi (") comi- tem fid concionem populo Romano carton atque jucundum : sive (5) C&ncionatorum.'] This word, for the most part, implies some censure of the persons to whom it is applied; and so, doubtlefs, we arc to under- stand it here, lor he oppose* these declaimers to the tmly popular mind -that aims at nothing but the good of the public We may therefore very wejl suppose, tjiat he means his as a reproof to those turbulent speakers and factious tribunes, who emleavoured, by seditious harangues, to spirit up the people against the nobility and senate. (C) J'idco~a6i?jh> no/t ?ici)iincm.] We have no light from hutorV as to who the particular person here mentioned was. It appears only t'hat he was some senator, who had hitherto attended the meetings of that bodv and concurred in all their previous votes; but chose to absent himself this day, with a view ot acquiring the character of popularity. Cicero here justly derides the folly of such a conduct, since, if there was anv thing ex- ceptionable in condemning the conspirators, he had arreadv incurred that £iiilt, by consenting to all the previous decrees made against them, which considered them as traitors to their country, and therefore worthy of the severest punishment. ' (7) Legem Scttpron'amJj This law was proposed bv C Sempronius Gracchus, and had its name from the person who proposed it, as most *ther laws had. It decreed, that no Roman citizen should be condemned to death by any judge, or even by tire senate, but only bv the afseinblv of the peoble; and frequently this sentence of death was allowed to be ex- changed for banishment, which the old Romans thought a suftcient punish- ment for any crime, how great soever. CICERO'S ORATIONS. 195 motion of D. Silanus, I know not what difficulties it may bring me under. However, let the service of the commonwealth supercede all considciationsof my danger. C'a.*sar, agreeably to his own dignity, and the merits of his illustrious ancestors, has by this proposal given us a perpetual pledge of his affection to the state, and showed the difference between the affected lenity of busy declaimers, and a mind truly popular, which seeks nothing but the real good of tbe people. I observe, that one of those who affects the character of popularity, has absented himself from this day's debate', that he may not give a vote upon the life of a Roman citizen. Yet, but tlie other day, he concurred in sending the criminals to prison, voted me a thanksgiving, and yesterdav decreed ample rewards to the informers. Now, no one can, doubt' \\ hat his sentiments are on the merits of the cause, who votes imprisonment to the accused, thanks to the dis- coverer of the conspiracy, and rewards to tbe informers. But C. Caesar urges the Sempronian law, forbidding to put Roman citizens to death. Yet here it ought to be remembered, that those who are adjudged enemies to the state, can no longer be considered as citizens; and that the author of that law himself suiiered death by the order of the people. Neither does Cresur think that the profuse and prodigal Lentulus, who has conceited so many cruel and Bloody schemes for the destruction of the Roman people, and the ruin of the city, can be called a popu- lar man. Accordingly this mild ami merciful senator makes no scruple of condemning P. Lentulus to perpetual bonds and im- prisonment; and provides that no one shall henceforward have it in his power to boast of having procured a mitigation of this punishment, or made himself popular by a step so destructive to the quiet of his fellow-citizens. He likewise adds the con- fiscation of their goods, that want and beggary may attend every torment of mind and body. Sect. VI. If therefore you decree according to this opinion, you will give me a partner and companion to the afseniblv, tvhq is dear and agreeable to the Roman people. Or, if you prefer. (S) Comitem ad concionem tnpitlo Romano carum atquc jucundum.'] After the senate had decreed any thing extraordinary, it was usual for the person who proposed the decree, or him who had the" chief hand in promoting it, to give an account of the affair to the people" from the rostra, with a de- fence of the senate's conduct. This was something more than matter of mere compliment, since the people could reverse any decree of the' senate. Cicero therefore tells them, that if Cx*aVs opinion was followed, it would be of great service to him, in getting such a person as Cresarto appear with him in the afsembly of the prople : for C«esar, even at this time, was very popular; and was, by his largefses, laying a foundation for* that freight of power, to which he afterwards raised himself. 19o NT. T. CTCEHONIS ORAttOKES. ilium Silani sententiam sequi malueritis; facile mc, atque vos a crudelitatis vitupcralione defenders: atque obtinebo, cam multo Jeviorem fuifse. Quanquam, P. C. qua; potest else In tanti sce- leris immanitate puniend£ crudelitas? Kgo enim de meo sensu jodico. Nam ita mihi salva rep. vobiscum perfrui lkeat, ut ego, ! qnod in hac causa venementior sum, non atrocitate animi mo- veor (quis enim est me mitiorr) sed singulari quadam humani- tnte et niisericordia. Vidcor enim mihi hanc urbem videre, lueem orbis terrarum, atque arcem omnium gentium, subito uno incendio concidentem : cerno animo sepult£ in patria mi- seros, atque insepultos acervos civium : versatur mihi ante ocu- los.aspectus Cethegi, et furor in vestra caxle bacchantis. Cum vero mihi proposui regnantem Lentulum, sicut ipse se ex fatis spcrafse confefsus est : purpuratum else hunc Gabinium ; cum exercitu vcnifse Catilinam : turn lamentationem matrumfamilias, turn fugam virginum atque puerorum, ac vexutioneni virginuni vestalium perhorresco : et quia mihi vchementer hac videntur misera atque miseranda, idcirco in eos,qui ea pertieere voluerunt, ine severum vehementemque prsebeo. Etenim quuero, si quis ]>aterfamilias, liberis suis a servo intcrfectis, uxore occisa, in- censa domo, supplicium de servis quam acerbifsimum sumpserit, utrum is clemens ac misericors, an inhumanus et crudelifsimus else videatur? mihi vere importunus ac fcrreus, qui non dolore ac cruciatu nocentis, suum dolorem cruciatumque ienierit. Sic nos in his hominibus, qui nos, qui conjuges, qui liberos nostros trucidare voluerunt; qui singulas uniuscuj usque, nostrum domos, et hoc universurn reipublica? domicilium delete conati sunt; qui id egerunt (9) ut gentem Allobroguni inji'esfigiis hujus urbis, atque in cinere deflagrati imperii collocarent; si vehementifsimi fuerimus, miscricordes habebimur : sin rcmilsiorcs eie volueri- mus, suniuue nobis crudelitatis in patriae civiumque pernicie fama subeunda est. ( I0 ) Nisi vero cuipiam L. Casar, vir tor- tiisimus et amantifsimus rcipub. crudelior nudiustcrtius est visus, (9) 'Utgcrtiem Allobrogwn investigiis hujus urbis.'] Catiline's party had made no such agreement with the Allobrogians ; they had only promised an abatement, or perhaps a total abolition of all their taxes, provided they would afsist the conspirators with tbvir horse, in which they Mere reckoned to excel all other nations. But Gicero, like a true orator, represents every- thing in the worst light, to inspire the senators with the greater indigna- tion, Indeed it is hard to say what might have been the consequences of Catiline's obtaining a victory' by the alsistance of the Gaulish horse, or how far the Allobrogians might have improved that opportunity to the ruin 'fyve adjici sauitui f opuloyu* &MW& tauestcr ord*. Tfef poll* v cicero's orations. 2ui the adminstration of affairs, vie with you in their zeal for the re- pablkJ i whom, after a difsension of many years, this day's cause Emm entirely reconciled and united with you? And if this union, which niv consulship has coniirmed, be preserved and perpetu- ated, I am confident, that no civil or domestic evil can ever OgaiQ dishurb this state. The like zeal for the common cause appears anion <>' the tnhunes of the exchequer, and the whole body of the scrilies ; who happening to afsemble this day at the treasury, have dropped all consideration of their private aifairs, and turned their whole attention upon the public safety. The whole bod v- or free-born onizens, even the meanest, offer us their arsistauce. For where is tho man, to whom these temples, the face of the city, the pofsekion of liberty, in short, this very light) and this parent soil, are not both dear and delightful? Sect. VIII. And here, conscript fathers, let me recommend to your notice the zeal ot tho-e freemen, who having by their men* obtained the privilege of citizens, consider this as their real country : whereas some born within the city, and born too of an illustrious race, treat it not as a mother soil, but' as a hostile citv. But why do I speak of men, whom private in- terest, whom tire good of the public, whom, in fine, the love of liberty, that dearest of all human hlefsings, have rouzed to the defence of their country ? There is not a slave in any tolerable condition of life, who does not look with horror on this daring attempt of profligate citizens, who is i'Ot anxious for the pre- servation of the state; in tine, who does not contribute all in his power to promote the common safety. If any of you, therefore, are shocked by the report of Lentulus's agents run- ning up and down the streets, and soliciting the needy an J thoughtlcfs to make some effort lor his rescue; the fact indeed is true, and the thing has been attempted: but not a man was found so desperate in his fortune, so abandoned in his jn- was certainly very good, and the republic reaped great benefit from it in this very year, through which he had the whole body of knights at his de- votion ; who with AtUcus at their head, constantly attended his orders, and served as a guard to his person. And if the same maxiot had beetuum ac sempitcrnum, \obis omnia deorum tcmpla atque de- ubra, vobis muros atque urbis tccta commendat. Praaxrea de vestra vita, de conjugum vestrarum ac libcrorum animfi, de for- tunis omnium, de sedibus, de tocis vestris hodjerno die vobis judicandum est. plabetis ducem memorem vestri, oblitum sui; quae, non semper facnlta^ datur: habetis omnes ordines, omnes homines, uuiversum ponulum Romanum (id (juod in civili causa hodierno.die primum videmus) ununi atque idem senticntem. CJoQitate quautis laborious iundatum imperium, quanta virtute s^ibilitain libertafcm, quanta deorum 'benignitate auctas cxag- "eratasque fortunas nna nox pene delerit. Id ne unquam post- hac nun inodo contici, sed ne co<;itaUi quidem pofsit, vobis ho- dierno the providcudum est. Atque hac, non ut vos, qui inilu studio pene pra ; curriti*, exe'tarem, locutus sittn, scci ut mea vox, C 4 ) qiue debet else in repub. priuceps, othcio funeta con- sulari vidcretur. X. Nunc antcquam P. C. ad sententiam redeo, de me pauca dicam. Ego, quanta manus est conjuratorum, quam videti- permagnam, tantam me inimicorum multitudinem susccpile vi- (11) Qrtif debet cfie t'riTCpvbUcd princcps.~\ It was the consul's Kmm more immediately to provide tor the safety of the state, and to appl> bim- selTtotMs, and "this alone, during the year. Besides, Cicero had sum- moned this meeting of the senate, and it mi^ht be expected that he sh give„his opinion concerning the prisoners; but this he cautiously a-voids doing inxxprets words, though it may easily be perceived v. hah w»j he mdines. 4 ClCERO's ORATtOKS. ±0$ clinations, who did not prefer the shed in which he worked and earned his daily bread, his little hot and bed in which he slept, and the easy, peaceful course of life he enjoyed, to all the pro- posals made by these enemies of the state. For the greatest part of those who live In shops, or to speak indeed more truly, all of them, are of nothing so fond as peace : for their whole stock ? their whole industry and subsistence, depends upon the peacO and fulnefs of the city ; and if their gain would be interrupted by shutting up their shops, how much more would it be so by burning them ? Since then, conscript fathers, the Roman peo- ple are not wanting in their zeal and duty towards you, it is your part not to be wanting to the Roman people. Sect. DC. You have a consul snatched from various snares and dangers, and the jaws of death, not for the propagation of his own rife, but of your security. All orders unite in opinion, inclination, zeal, courage, and a profefsed concern to secure the commonwealth. Your common country, beset with tho bands and weapons of an impious conspiracy, stretches out her suppliant hands to you for relief, recommends herself to your care, and beseeches you to take under your protection the lives of the'eitizens, the citadel, the capitol, the altars of domestic worship, the everlasting fire of Vestal, the shrines and temples Of the gods, the walls of the city, and the houses of the citizens. Consider likewise, that you are this day to pafs judgment on your own lives, on those of your wivVs and children, on the fortunes of all the citizens, on your houses and properties. You have a leader, such as you will not always have, watchful for you, regardlcis of himself. You have likewise what was never known before in a case of this kind, all orders, all ranks of men, the whole body of the Roman people, of one and the samo mind. Reflect how this mighty empire reared with so much toil, this liberty established with so much bravery, and this pro- fusion of wealth improved and heightened by such favour and kindnefs of the gods, were like in one night to have been for ever destroyed. You are this day to provide, that the same thing not only shall never be attempted, hut not so much as thought of again by any citizen. All this I have said, not with a view to animate your zeal, in which you almost surpafs me ; but that my voice, which ought to lead* in what relates to tho commonwealth, may not fall short of my duty as consul* Sect. X. But before I declare my sentiments farther, con- script fathers, suffer me to drop a word with regard to myself. I am sensible I have drawn upon myself as many enemies as there are persons <;oucerucd iu the eonspiracv, whose numbgr> ^^ M. T, CICERONIS ORATI3NES. dco: scd cam else jiulico turpem ct iiilirm^n, .oontemptam et ubjectain. Quod si aliquuiido ulieujus furore et sctlexe conu- ! fata manus isU plus vulucrit quam vestra ue reipubliea- ili^niu^, '•me tanicn meorum factor um aujue cousiiiorum nunquam, P. C. pcenitebit. Ktenim mors, quam ljli mihi ibrtaik; niiniuuituv h omnibus est parata : ritw tantam luudem, quanta^ vos mc vestris decrctis honestastis, nemo est afseculus. Cateris emm semper bene gestae, miUi uni eonservatau reipublica; ^ratu- lationem decrevistis. Sit Scipio clarus, iile, cujus consilio atque virtute Haunibal in Atricam rehire, atque «.\ Italia. decederc coactus est: ornetur alter eximiu laude Airicanus, qui duas urbes liuic impeno inm>tii'siiuas, Cartlkiginem Nu- mantiamquc delevit: babeatur vir egregius, L. Paullus die, cujus curium rex potentifeimus quondam et nobiliUiimis Purses bonestavit : sit m *uternu -gloria Marius, qui bis Ita- liam obsidione et mctu scrvitutis liberavit: imtupoiiatur omnibus Pompeius, cujus res gestae, atque vir tuns iisdetn, quibus spli|| cursus, regrianjbus ac terminis cuntmenfur ; crit protectp inter horum.laudes aliquid loci nosty^C gloria; j ni^i forte niajus est, patefacere nobis provinc las, quo e\. -e poi>iunus, quam curare, ut etiam i Hi qui absunt, habcartt ( ';) quo vietores revertantur ; quauquam est uno K;eo conditio mcuor externa* victoria, quam domestical quod jiostes ..'ienigena aut upprcf*i serviunt, aut recepti beneneio se obii»atos putaut : qui autem ex niunero civium dementia aliqua uepravati, hostc« patriae semel efe cce- perunt, cos, cum a pcirr.iuie reipubliac repuleris, ncquo vi coercere, ncque benericio placare \>oh s. Quara mibi cum i>er- (litis civibus fitermun belliun susceptum else video: quod ego vestro bonorumuuc omnium auxilio, memoiiaquc tantoriun peri- culorum, qua non rrtotlo in hoc- populo, qui servatos est, scd etiam in omnium gentium serinonlbus ac mentibus semper ha- reba, a mc, atque a mew facil< propulsari poise confido. Ne- que uila profucto tanta vis repcrietur, qua conjuuetioucm ves- tram eqmtumquc liomanorum, et tantam conspiratiouem bo- norum omnium perfiingexe et ial.eraetare pofsit. XI. Quae cum ita sinf, patres cdnscinnti, pro impeno, pro cx- 'crcitn, pro provineia 'quam lieglexi, pro triumpho curtertsque' laudis insignibus, (julv sunt a mc propter urbis vestra?que salutis (\:>) Quo victorts revertantur.] The reflection is ju*t and natural, and admirably calculated to confirm what he had been advancing, that there vas ;nore,c!oi - y in preserving the state from ruin, than in enlarging its bounds bv* the* acquisition pt foreign provinces. We are told in the I bJok ot" the Offices, Jt hat Pompey, speaking of Cicero's consulship in the Hi.iite, pxprefsed himself] to this purposes "That it would have iittle m ava'iW him to obtain the honOtnr ot'a third tthmtph, b?.d noi C'icea^, bv •• f^s prudent conduct at home, preserved him the city wherein to triumph. I or w^iileCicero was employed in qm IHujji the conspiracy at Rome, Pom] tt^> :uAbiu, struggling with the remain* of the Mithridutic war. ClCERO's ORATIONS. 205 ■you see to he very great : but I look upon thorn as a base, ab- ject, impotent, contemptiWe faction. But if, through the mad- neVof anv, it shall rise kgairr, so as to prevail against the se- nate and trie republic; yet nprferj conscript lathers, shall T ro- il ent of -my present conduct and counsels. For death, with which perhaps thi-y will threaten me, is prepared for all men i hut none ever acquired that glory of life which you have eon- ferred upon me by your decrees. For to others you bare de- creed thanks for serving t lie republic sriccefsfuHy; to me alone, fdr having saved it. Let Seipio be celebrated, by wlio^e con- duct and valour Hannibal was forced to abandon Italy, and re- turn into Africa: let the other Africanus Ik- crowned with the highest praise, who destroyed Carthage and Numantia, two cities at irrcconcileable enmity with Koine: for ever renowned he L. Paulus, whose chariot was graced by the captivity of Perse*, a once powerful and illustrious monarch: immortal ho- nour be the lot of Marius, who twice delivered Italy from inva- sion, and the dread of servitude: above all others, let Pompey's name be renowned, whose great actions and virtues know no Other' limits than those that regulate the course of the sun. Yet surely, among so many heroes, some place will be left for my praise; unlets it be thought a greater merit to open a way into new provinces, whence we may retire at pleasure, than to take care that our conquerors may have a home to return to. In one circumstance, indeed, the condition of a foreign victory is better than that of a domestic one; because a foreign enemy, when conquered, is cither quite crushed and reduced to sla- very, or, obtaining favourable terms, becomes a friend: but when profligate citizens once turn rebels, and are baffled in t,heir plots,, you can neither keep them quiet by force, nor oblige them by favours. I therefore see myself engaged in an eternal war with all traitorous citizens; but am contkient I shall easily repel it from me and mine, through yours and every worthy man's afsistancc, joined to the remembrance of the mighty dan- gers we have esc q>od ; a remembrance that will not only subsist among the peopie delivered from them, but which must for ever' cleave to the minds and tongues of all nations. Nor, I trust, w ill any force be found strong enough to overpower or weaken the present union between you and the Roman knights, and this general confederacy of ail good citizens. Sect. XL Therefore, conscript fathers, instead of the com- mand of armies and provinces, which I have declined; instead of a triumph, and other distinctions of honour, which for your preservation, and that of this city, I have rejected; instead of attachments and dependences in the provinces, whieh, by means fof my authority, and credit in the citv, I labour no lei's to support O 3 £06 M. f . CiCfeEOfcIS OkATI^KES. custodiam repudiate, pro clientelis hospitiisque provincialibHs, quae tamen urban is opibus non rninore labore tueor, quam com- paro: pro his igitur omnibus rebus, et pro meis in vos singula- ribus studiis, proque hac, duam conspicitis, ad conservandam renjpublicam diiigentia, nihU aliud a vobis, nisi hujus temporo, totiusque mei consulatus mcmoriam postulo : quae dum erit ves- tris mentibus infixa, firmifsimo me niuro septum efse arbitrator* Quod si meara spem vis improborum fefeUerit atque superave- rit, commendo vobis parvum meum nlium ; cui profecto satis erit praesidii non solum ad salutem, verum etiam acldjgnitateni, si ejus, qui haec omnia suo solius periculo conservaverit, ilium efse filiuui memineritis. Quapropter de summa salute vestra, populique Romani, P. C. de vestris conjugibus ac liberis j de ^ris ac focis ; de fanis ac templis ; de totius urbis tectis ac sedi- busi de iruperio, de libertate, de salute Italiae, deque universa rep. decernitc dibgenter, ut instituistis, ac fortiter. ('*) Habe- tis enim consulem, qui et parere vestris decretis non dubitet, ct ea quae statueritis, quoad vivet, defendere, et per se ipsum pro- state poisit. (16) Habetis enim consulem, A'c] It may not now be improper to ac» quaint the reader with the ifeue of this whole affair. Cicero's speech had the desired effect ; and our orator, by discovering his own inclination, gave a turn to jhe inclination of the senate; when Cato, one of the new tribunes, rose up, and after extolling Cicero to the skies, and recommending to the afsembly the authority of his example and judgment, proceeded to declare, agreeably to his temper and principles, that ne was surprised to see any debate about the punishment of men who had begun an actual war against their country ; that their deliberation should be, now to secure themselves against them, rather than how to punish them ; that other crimes might be furnished after commifsion, but unlefs this was prevented before its effect, t would be vain to seek a remedy after; that the debate was not about the public revenues, or the oppressions of the allies, but about their own lives and liberties ; not about the discipline or manners of the city, on which he had oft delivered his mind in that place, nor about the ^re'atnefe or pros- perity of their empire; but whether they or their enemies should pufeeft that empire; and in such a case there could be no room for mercy. If they must needs be merciful, let it be to the plunderers of tin.* treasury ; but" let them not be prodigal of the blood of citizens, and by sparing a lew bad, destroy all the good. That the flagitious lives of the criminals con- futed every argument of mercy ; that Catiline was hovering over them with an armv, while his accomplices tore within the vails, and in the very heart of the city ; so that whatever they determined, it could not be kept secret, which made it the more necefsary to determine quickly. Wherefore his Opinion was, that since the criminals had been convicted, both by te>ti- monv and their own confefsion, of a detestable treason against the repub- lic, they should suffer the punishment of death, according to the custom of their ancestors. Cato's authority, added to the imprclMon which Cicero had already made, nut an end to'tbe debate; and the senate, applauding his vigour and resolution, resolved upon a decree in consequence of it. And although Planus had first proposed that opinion, and was followed in it by all the consular senators, Net they ordered the decree to be drawn Up in Cato's word?, because he had delivered himself more fuljy and explicitly 201 than acquire: for all these services, I say, joined to my singular zeal for your interest, and that unwearied diligence you set* me exert to preserve the state ; I require nothing more of you, than the perpetual remembrance of this juncture, and of my whole consulship. While that continues fixed in your minds, I shall find myself surrounded with an impregnable wall. Hut should the violence of the tactions ever disappoint and get the better of mv hopes, I recommend to you my infant son, ami trust that it ww he a sufficient guard, not only of iiis safety, but of his dignity, to Irave it remembered, that lit* is the son of one who, at the hazard of his own life, preserved you all. Therefore, conscript fathers, let me exhort vou to proceed with vigour and resolution in an affair that regards your very being, and that of the people of- Komc ; your wives, and children ; vour religion, and properties ; your altars, and temples; the houses and dwellings of this city ; your empire ; your liberty ; the saiety of Italy ; and the whole system of the common wealth. For you have a consul who will not only obey vour decrees without hesitation, but, while he lives, will support and execute in per- son whatever you shall order. uponit than any of them. The vote was no sooner pafscd, than Cicero resolved to put it in execution, lest the night, which was coming on, should produce any new disturbance; he went directh therefore from the senate, attended by a numerous guard of friends and citizens, and -took Lentulus from the custody of his kinsman Lentulus Spinther, and conveyed him through the forum to the common prison, where lie delivered him to the executioners, who presently strangled htnV The other conspirators, Cethegus, Statilius, and Gabinius, were conducted to their execution by their praetors, and put to death in the same manner, together with Cepa- rius, the only one of their accomplices who was taken after the examina- tion. When the afiair was flyer, Cicero was conducted home in a kind of triumph, by the whole body of the senate and the knights; the streets being all illuminated, and the women and children at the windows, and on the tops of the houses, to see him pal's along through infinite acclamations of the multitude, proclaiming him their saviour and deliverer. As for Catiline himself, seeing hi* party In the city destroyed, he was necessitated soon after to come to a battle, in which he was defeated and slain, and his whole army cut to pieces. O 1 %fi% OKATIO "VIII. PRO L. MURENA*: ' i 'g I. /^\U./E prccatus sum a diifl immortalibus Jiulices, more, V^ instituto^ur lrunonun, illo die quo auspicato (') comitii* centmiatis I .. Murauiain consulcm" rcnunciavi, ut ea res mihi * in theComitia held • lw Cicero for the election of Cjotl*dfs,*D. Jtfnhr) Silanus, and L. ljcinin* Murena, sreoa i hosen to that rnagfefracr. Soda, ufter the election was over, a prosecution was set on foot apaitut Murena, who was charged with having infringed 'n*- law agadqet bribery aiuJ cor- ruption, lately pafscd by Cicero. Cato had declared int! that he uonld try the force of this law upon one of the consular candidates. And since Catiline, whom he Chiefly aimed at, wa> now out of his reach, (btfring some time hefore left the city, and repaired to ManliusS camp,) he resolved to fall upon Murena; yet connived at the same in the other consul, "Silanus, who had married hi* lister, though equally guilty witk his colleague. He was "joined in the accusation by one of the disappointed andithites, S Snlptcim, a person -of distinguished worth and character, ami the most celebrated lawyer of the age; for whose service, and at whose, instance, Cicero's law against bribery was ohieriy provided. Murena was bred a soldier, and had acquired preat ft me in the Mithridatic war, as lieutenant to Lucullus; and was now defended b\ Ihree, the greatest men, as well as the greatest orators in Kome, Crafsus," Bortensius', and Cicero; so thai there seldom lad been a trial of more expectation, on account Of tbe digniiyof all the parties concerned. The character of the ace make* it reasonable to betteve, that there was clear proof of Rome illegal practices; >et from this speech of Cicero, "who ('* livered hims'e' fatter Hor- tensius and Crafsus, and which', though imperfect, is the qr-1 y remaining monument of the transaction, it seems probable that they were such ouly as, though strictly speaking irregular, were yet warranted bv enstom, ai d the example of all candidates; ami though heinous in the eyes of a Cato, os an angry competitor, were usually overlooked by the m. penm» of the new year, and the great imprudence there would be in tcttlUg aside one who, by a mili- tary education, was the best qualified to defend it in so dangerous a i 't his consuleration had such weight with the judges that without am liberation they unanimously acquitted Murena, and would not, as our orator elsewhere tells as, so much as hear the accusation of men the most eminent and illustrious. It may not be ajmfc to observe here, that Cicero all th\* while liad a strict intimacy with Sutpkius, whosfl he had served with ail his interest in, this very contest for the « ororafchip. lie had a gTeat friendship also jirith Cato, and the highest esteem ur" his ,;r'i\; vat he aot only defended this CSU|Se aga&st them both, but, » .l " -III ■■'■■ ?■ ORATION VIII. FOR L. MUR^NA* Sect. I-TVyfY Lords, the prayer, which according to custom, 1VJL and the usage of our forefathers, I addrefsed to the immortal gods, on that day, when with the accustomed ce- to take off the prejudice of their authority, laboured even to make them ridipulous; rallying the profession of Sulpicius as trifling and contemptible, the principles of Cato as absurd and impracticable, with so much humour and wit, that he made the whole audience very merry, and forced Cato to cry out, Whd£ a facetious consul have we! But what is more observable, the opposition of these great men in an affair so interesting, gave no sort of interruption to their friendship, which con- tinued as firm as ever to the end of their lives ; and Cicero, who lived the longest of them, showed the real value that he had for them both after their deaths, by procuring public honours for the one, and writing the life and praises of the other. Murena too, though exposed to so much danger by the prosecution, yet seems to have retained no resentment of it ; but, during his consulship, paid a great deference to the counsels of Cato, and em- ployed all his power to support him against the violence of Metellus, his colleague in the tribunate. This was a greatnefs of.mind truly noble, and suitable to the dignity of the persons ; not to be shocked by the particular contradiction of their friends, when their general views on both sides were laudable and virtuous ; yet this must notbe wholly charged to the virtue of the men, but to the discipline of the republic itself, which, by a wise policy, imposed it as a duty on its subjects to defend their fellow-citizens in their dangers, without regard to any friendships or engagements what- soever. The examples of this kind -v/IU'be more or lefs frequent in states, in proportion as the public good happens to be the ruling principle; fo^ that is a bond of Union too firm to be broken by any little differences about the measures of pursuing it ; but where private ambition and party zeal have the ascendant, there every opposition must necefsarily create animo- sity, as it obstructs the acquisition of that good which is considered as the chief end of life, private benefit and advantage. This oration was spoken in the latter end of the six hundred and ninetieth year of Rome, and in the forty-fourth year of our author's age, when he and Antonius were consuls. (1) Comitiis centuriatis.] The Comitia were afsemblies of the people, legally convened by magistrates, of which historians mention three several kinds; the Curiata, Centuriata, and Triouta. The Comitia curiata were instituted by Romulus; the Centuriata, by Servius Tullius; and the Tri- buta, by the tribunes of the people. They took their names from the manner in which the people voted at the afsemblies. Thus, in the Comitia, curiata, they voted by curiae; in the Centuriata, by centuries; and in the Tributa, by tribes. The Comitia by centuries, of which Cicero here speaks, owe their original to the institution of the Census. For Servius Tullius iging every one to give a true account of what they were worth, ac- j to those accounts divided the people into six- tanks or clafses, 210 M. T. CICERONIS ORATIC magistratuique meo, ( 2 ) populo, plebique ma nae bene atque feliciter eveniret: eadem precor ab iisdeir iiis immortalibus ob ejusdem hominis consulatuni una cum salute obtin< uiam, et ut. vestrae mentes atque sententiae cum populi Rom. voluntate suf- fragiisque consentiant, eaque res vobis populoque Rom. pacem, tranquillitatem, otium, concordiamque afferat. Quod si ilia so- lemnis comitiorum precatio consularibus auspiciis consecrata, tantam habet in se vim et religionem, quantam reipublicae dig- nitas postulat : idem ego sum precatus, ut eis quoque bomini- ous quibus hie consulatus, me rogante, datus efset, ea res fauste, feliciter, prospereque eveniret. Qua? cum ita sint ? judices, et cum qmnis deorum immortalium potestas, aut translata sit ad vos, aut certe communicata vobiscum : idem consul eum vestrae fidei commendat, qui antea diis immortalibus commendavit : ut ejus- dem hominis voce et declaratus consul, et defensus, beneficium populi Rom. cum vestra atque omnium civium salute tueatur. Et quoniam in hoc officio studium mess defensonis ab accusa- toribus, atque etiam ipsa susceptio causae reprehensa est ; ante- . quarn pro L. Mursena dicere instituo, pro me ipso pauca dicam : Hon quo mihi potior hoc quidem in tempore sit officii mei, quam hujusce salutis defensio : sed, ut meo facto vobis probato, ma- jore auctoritate ab hujus honore, fama, fortunisque omnibus, inimicorum impetus propulsare pofsim. II. Et primum M. Catoni, vitam ad certam rationis normam dirigenti, et diligentifsime perpendenti momenta officioruni omnium, de officio meo respondebo. Negat fuifse rectum Cato, me et consulem,-efTegis ambitus latorem, et tarn severe gesto consulate, causam L. Muraenoe attingere; cujus reprehensio me XFehementer movet, non solum ut vobis, judices, quibus maxime which he subdivided into one hundred and ninety-three centuries. The iirst clafs, containing the knights and richest citizens, consisted of ninety- eight centuries. The second, taking in the tradesmen and mechanics, made up two and twenty centuries. The third, the same number. The fourth, twenty. The fifth, thirty. And the last, filled: up with the poorer sort, had but one century. These assemblies by centuries were held for the electing of ecnstils, censors, and praetors ; as also for the judging of per- sons accused of what they called crimen perduellionis, or actions by which the party had showed himself an enemy to the state; and for the confirma- tion of such laws as were proposed by the chief magistrates, who had the privilege of calling these afsemblies. It is worth while here to observe, that by the institution of these Comitip, Servius Tullms secretly conveyed the whole power from the commons; for the centuries of the first and richest daises being called out first,, who were three more in number than all the rest put together, if they all agreed, as generally they did, the bu- sinefs was already decided, and the other clafses were needlefs and insigni- ficant. However, the three last scarce ever came to vote. One thing I cannot forbear taking notice of, as it serves to give us a high idea of the lenity of the Roman laws and government, namely, that though in the election of magistrates, and the ratification of laws, the votes of that cen- ClCERo's orations. 21 i femonies I declared L. Murena consul in the comitia by cen- turies ; that the choice -might prove, happy and prosperous for me and my magistracy, for the people and commons of Home: that very prayer do I now repeat to the same gods, that Mu- rena may enter with safety upon the pofscfsion of his consul- ship; that your sentiments and decisions may correspond with the wishes and votes of the Roman people ; and that this may- be an event productive of peace, tranquillity, ease, and concord, to you, and to the commonwealth or' Rome. And if that so- lemn addrefs in the comitia, consecrated by consular auspices, lias in it a force and efficacy equal to the dignity of the state; I must likewise be understood to have prayed, that the same might be a happy, joyful, and prosperous event to those per- sons, who, in an afsembly where I presided, were chosen into the consulship. This being the case, my lords, and that all the power of the immortal gods is either transferred to, or at least communicated with you, the same consul, who before recommended Murena to the immortal gods, now recommends* him to your protection ; that the very voice by which his elec- tion was proclaimed, being likewise employed to defend him, he may preserve the dignity to which he has been raised by the people, with your safety, and that of all the citizens. And be- cause in the trial now under consideration, not on!}' my zeal j for the accused, but my Very undertaking his defence is cen- sured by the prosecutors, suffer me, before I say any thing for Murena, to speak a little in behalf of myself i not that I prefer, on the present occasion at least, my own vindication to his defence ; but that having once convinced you of the uprightnefs of my intentions, I may with the greater authority repulse the attacks of his adversaries, upon his honour, fame, and fortunes. Sect. II. And first I will vindicate my present behaviour to Cato, who governs his life by the unerring standard of reason, unci diligently weighs the motives to every duty. He maintains that it was wrong in me, a consul, the author of the law against bribery and corruption, aad who have behaved in my consulship \vith so inflexible a severity, to charge myself with the defence of Murena. This -censure, my lords, is a very powerful mo- tive with me, not only to explain the reasons of my conduct tury whose suffrages were equally divided, signified nothing; yet in trials of iife and death, if the su fir ages ppp and con were equal in number, the person was actually acquitted. (2) Populo, plebiquc Romance.'] As this exprefsion frequently occurs hi Cicero's orations, it may not be amifs once for all to observe, that populus differs from plebs, as the genus from the species. By populus we are to un- derstand the whole body of the Roman citizens, including the senators and patricians. Pkbs respects only the multitude, and those of plebeian ex« faction; in other words, it denotes the commons of Home, 212 M.'T. CICERONIS 0RATIONES. debeo, verum etiam ut ipsi Catoni, gravifsimo atque integerrimo viro, rationem facti mei probem. A quo tandenr, M. Cato, est aequius corisulem defendi, quam a consule ? Quis mihi in repub. potest aut debet efse conjunctior, quam is cui respub. a me uno traditur sustinenda., magnis meis Jaboribus et periculis sustentata ? Quod si in iis rebus repetendis, quae mancipi sunt, is pericuium judicii praestare debet, ( 3 ) qui se nexu obligavit profecto etiam rectius in judicio consulis designati, is potifsi- mum consul, qui consulem declaravit, auctor beneficii populi Rom. defensorque periculi efse debebit. Ac si, ut nonnullis in civiratibus fieri solet, patronus huic causae publice constituere- tur, is potifsime honore affecto defensor daretur, qui eodem ho- Bore praeditus non minus afferret ad dicendum auctoritatis quam facultatis. Quod si e portu solventibus ii qui jam in por* turn ex alto invehuntur, praecipere summo studio solent et tempestatum rationem, et prsedonum, et locorum ; quod natura afTert ut eis faveamus, qui eadem pericula, quibus nos perfuncti sumus, ingrediantur : quo tandem me animo efse oportet prope jam ex magna jactation e terram videntem, in hunc, cui video maximas reip. tempestates efse subeundas ? Quare, si est boni consulis non solum videre quid agatur, verum etiam providere quid futurum sit, ostendam alio loco, quantum salutis communis intersit, duos consules in republic a kalendis Januariis efse. Quod si ita est; non tamen me officium debuit ad hominis amici for- tunas quam respubiica consulem ad communem salutem defen- dendam vocare. ' III. (4) Nam quod legem de ambitu tuli, certe ita tuli, ut earn, quam mihimetipsi jampridem tulerim de civium periculis defendendis, non abrogarem. Etenim si largitionem factamefse confiterer, iclque recte factum efse defe^derem ; faeerem im probe, etiam si alius legem tulifset : cum vero nihil comifsum contra legem else defendam, quid est quod meam defensionem la- tio legis impediat? Negat efse ejusdem severitatis Catilinam, exitium reipub. intra moenia molientem, verbis, et pene imperio (3) Qui s.e nexu obligavit '.] To understand this pai'sage aright, the reader must be informed, that the person who was to dispose of a property to another, wasobliged to give bond, that in casethis property should be evicted in law /com the buyer, by one who had a prior title, then the buyer could have recourse for his indemnification upon the seller. This is* properly called dare rem mancipi. The nexus is no other than the bond, by which the goods of the seller were liable for the performance. (4) Nam quod legem de ambitu tuli, &c] Cicero had pafsed a law against bribery and corruption, by which a candidate, convicted of that offence, was doomed to banishment for ten > ears. The Calphurnian law, which was prior to that of Cicero, only deprived them of their seat in the senate and the privilege of suing for public honours. Now Cato thought it in- congruous in Cicero, who had enacted so severe a law against bribery, to appear in behalf of one charged with an infraction of that very law. ' Bu 213 to you, to whom chiefly I owe that mark of respect, but like- wise to Cato himself, a man distinguished for his integrity and wisdom. Say then, M. Cato, to whom does the defence of a consul fall more properly than to a consul ? What man in the state can or ought to be dearer to me, than him, into whose- hands I resign the care of the commonwealth, preserved by my toils and dangers. For if in any claim upon an estate sold to another he is obliged to defend the validity of the title, who in the conditions of sale warranted it to the buyer; surely much more in the trial of a consul elect, that consul whose lot it was to declare him so, is bound to support him in his claim, and defend him against all attacks. For if, according to the com- mon practice of some states, the public should appoint a patron to plead in this cause, the choice would doubtlefs fall upon a man who, being of equal dignity with the person accused, could bring no lefs authority than ability to back his defence. And if mariners just returned from a voyage are very earnest to caution those whom they see setting out, in relation to storms, pirates, and shores; because nature inclines us to be concerned for those who are going to encounter the same dangers we have just escaped : in what manner ought I, who, having weathered a violent tempest, begin to have a prospect of land, s^and affected towards the man whom I see ready to face the mighty storms of the commonwealth ? If then it be the duty of a good consul, not only to have an eye to present transactions, but to look forward also into futurity ; I shall take occasion to show, in the progrefs of my discourse, of what importance it is to the common safety, that there be two consuls in the re- public on the first of January. And if so, it will readily be al- lowed, that the voice of my country for the public preservation, calls louder on the present occasion, than my obligation to de- fend the fortunes of my friend. Sect. III. For as to the law which I pafsed against bribery and corruption, it was never surely meant to abrogate what I had enacted some time before, in relation to myself, to repel the dangers that threatened my fellow-citizens. Indeed, should I admit the charge of bribery, and yet pretend to vindicate it, I should act infamously, even had another been the author of the law. But as I maintain that nothing has been done contrary to the ten or of that law, why should my pafsing the law bar my defence. Cato says, that it is a deviation from my former se- verity, afte^r having by the force of reproaches, nay, in a man- to this our orator replies, that it was a primary jaw and rule of his conduct, to undertake the defence of diftrefsed citizens ; and that as Murena was falsely charged with corruption, he could not avoid appearing in his be- half, notwithstanding the late law he had pafs charged him with some disgrace and blemish of life, either con- tracted. in Asia, or imported from it. .For to have served in the greatest, and at that time the only war in which the people .of Rome were engaged, to have ferved with cheerfulnefs in an army which his father commanded, and to sec his services termi- nate in the victory and triumph of his father, are proofs of his courage, his piety, and his good fortune. Malice can fasten no censure upon these transactions, seeing they have all an undoubted claim to praise-, Sect. Yl, Cato calls L. Murena. a dancer. If this reproach be well grounded, it is a weighty accusation ; but if false, it is an outrageous, calumny. Wherefore, M. Cato, as your autho- rity carries so much influence with it, you ought never to snatch a charge from the mouths of the rabble, or the slanderous lan- guage of burYoons: nor ought you rashly to call the consul of the Roman people a dancer ; but to consider how many other crimes a man must needs be guilty of, before that of dancing can gracefulnefs and activity of body, and rendered men more expert in handling their arms, and performing all the exercises of war. I am therefore in- clined to subscribe to Olivet's opinion, who thinks that not dancing itself, but the excefs of it, is here condemned. His words are: An ergo saltarc in vicio erat t Non magis quam aedificare, loqui. Vituperationnn 7iihilo- ?ninus continent axlihcator, locutor : quoniam in his, atque.ajus generis tio- minibus attis, implicata est noti'o immodcrationis, quteviiio munquam caret P2 220 M. T. CICEHON1S ORATIONES earn, cui vere istud objici pofsit.- Nemo enim fere saltat so- brius, nisi forte insanit; neque in solitudtne, neque in convivio moderate atqne honesto. ( y ) Tempestivi convivii, amceni loci, multarum deiiciarum comes est extrema, saltatio. Tu mihi ar~ ripis id, quod necefse est omnium vitiorum efse postremum : re- linquis ilia, quibus remotis, hoc vitium onmino else non potest; nullum turpe convivium, non amor, non comitsatio, non libido, non sumptus ostenditur. Et cum ea non reperiantur, quae vo- luptatis nomen habent, quaeque vitiosa sunt; in quo ipsam luxu- riam reperire non potes, in eo te umbram luxuriac reperturum putas? Nihil igitur in vitam L. Muraenae dici potest? nihil, in- quam, omnino, judices; sic a me consul designates defenditur, et ejus nulla fraus, nulla avaritia, nulla perfidia, nulla crudelitas, nullam petulans dictum in vita proferatur. Bene habet : jacta sunt fundamenta defensionis ; nondum enim nostris laudibus, quibus utar postea, sed prope inimicorum confefsione, virum bonum, atque integrum hominem defendimus. VII. Quo constitute facilior est mihi aditus ad contentionem dignitatis; quae pars altera fuit accusationis. Summam video efse in te, Ser. Sulpici, dignitatem generis, integritatis, Indus* triae, caeterorumque ornamentorum omnium, quibus fretum ad consulates petitionem aggredi par est; paria cognosco efse ista in L. Muraena, atque ita paria, ut neque ipse dignitate vinci potuerit, neque te dignitate super ant. Contempsisti L. Muranae genus ; extulisti tit urn. Quo loco si tibi hoc sumis, nisi qui patri- cius sit,neminem bono efse genere natum; facis ut rursus plebs in Aventinum sevocanda efse videatur. Sin autem sunt amplae et honestae familiae plebeian; et proavus L. Munrna; et avus praetores fuerunt ; et pater, cum amplifsime atque honestifsime ex pra^tura triumphafset, hoc faciliorem huic gradum consulates adipiscendi reliquit, quod is jam patri debitus, a, filio petcbatur. Tua vero nobilitas, Ser. Sulpici, tametsi summa est, tamen ho- minibus literatis et hi.storicis est notior, j)opuJo vero, et surlra- gatoribus obscurior. Pater enim fuit equestri, loco, avus nulla illustri laude celebratus: itaque non ex sermone hominum re- cent!, sed ex annalium vetustate eruenda est memoria nobilita- tis tua\ Quare ego te semper in nostrum numerum aggregare soleo, quod virtute, industriaque perfecisti, ut cum equitisRom. (9) Tempestivi convivii. ~\ Some commentators want to read intempestivi convivii; but Salmasius has abundantly shown, that no such exprefsioa was in use among the Romans. Tempestiva convivia were those entertain- ments that began before the usual time for supper among the Romans. Such was that of Marius, taken notice of by Juvenal: Exul ab octava Mar i lis bibit. These early entertainments were accounted scandalous among the Romans. 221 fee truly objeoted to him. For no body ever dances, even in so- litude, or a private meeting of friends, who is not either drunk or mad. Dancing is always the last act of riotous banquets, gay places, and much jollity. You hastily catch at a charge, which must nccefsarilv he the result of all other vices, and yet object to him none of these excefses, without which that vice cannot pofsibly subsist; no scandalous feasts, no amours, no nightly re- vels, no lewdnefs, no extravagant expense. And if no ble- mishes of this kind, which, however they may pafs under the name of pleasures, are in reality vices, appear in his character, do you expect to find the shadow of luxury in a man, upon whom you cannot fasten the imputation of luxury itself. Can nothing then be objected to the morals of Murena ? Nothing at all, my lords. The consul elect, whose cause I now defend, ean be charged with no fraud, no avarice, no perfidy, no cruelty, no petulance, nor indecency of exprefsion. So far is well : you see here the foundation of my defence ; for I have not yet displayed, as I shall afterwards do, almost by the con- fefsion of his enemies, the praise that belongs to him as a vir- tuous and worthy man. Sect. VII. Having settled this point, it will be the easier for me to enter upon the dispute relating to dignit}^, which was the second part of the charge. I very well know, Servius Sul- picius, that you are pofsefsed of that eminent dignity of birth, probity, industry, and all other accomplishments, which gives you an undisputed title to aspire to the consulship. I know too, that Murena is your equal in all those points ; and so truly your equal, that neither do you surpafs him in dignity, nor has he the advantage of surpafsing you. You affect, indeed, to de-- predate the family of .Murena, and exalt your own. In this case, if you afsume it as a principle that none but a patrician is. of an honourable race, you seem again to summon the commons of Rome to the Aventine mount. But if there are noble and illustrious families of plebeian rank, then Murena' s great-grand- father, and grandfather, were both praetors; and his father having from the same dignity obtained the honour of a splendid triumph, the accelsion to the consulship became in this the more easy to the son, that he only demanded for himself, what was before due to his father. As to your nobility, Servius Sulpicius, though it be indeed of the most distinguished kind, yet is it better known to antiquaries and historians, than to the people and voters at public afsemblies. For your father never rose higher than the equestrian rank-, nor w r as your grandfather il- lustrious by any of the principal offices of the state ; so that the nobility of your race appears not from the present discourses of men, but must be searched for in the rubbish of old annals. I have therefore always reckoned you in the same clafs with P3 22^2 M. T. CICEJlONIS ORATIONES. ftfses fiiius, summa tamen amplitudine dignus putarere ; neC mihi unquam minus in Q.. Pompeio novo homine et fortifsimo' viro, virtutis, else visum est, quam ( ,0 ) in homine nobilifsimo M. iEmilio. Etenim ejusdem animi atque ingenii est, posteris suis, quod Pompeius fecit, amplitudinem nominis, quam non slcceperit, tradere; et, ut Scaurusj memoriam prope -intermor- tuam generis sui,' virtutte renovare.- VIII. Quan'quam ego jam putabam, judice'S/ multis viris for- tibus ne ignobilitas objiceretur generis, meo labors efse perfec- tum : qui noh modo Curiis, Catombus, Pompeiis, antiquis illis, fortifeimis viris,- ( IX ) novis homiiaibusy sed his recentibus Mariis et Didiis et Cacliis eommemorandis jacebant. Cum ego verd tan to inter vallo claiistra ista nobilkatis refregifsem, ut aditus ad consulatum posthac, sicut apud majores nostros fuit, non magis nobilitati, quam virtuti, pateret: non arbitrabar, cum ex familia vetere et illustri consul designates ab equitis Romani filio, con- sule, defenderetur, de generis novltate accusatores efse dicturos. Etenim mihi ipsi accidk, ut ciim duobus patriciis, altero imprtf- l^ifsimo atque audacifsimo, altero modestifsirao atque optimo viro peterem: superavi tamen ,dignitate Catilinam, gratia Galbam. Quod si id crimen homini novo else deberet, profecto mihi ne- que inimiei, neque invidi defuifsent. Om-ittamus igitur de ge- nere dicere, cujus est magna in u-trbque dignitas: videamus eaetera. Quaesturam una petiit, et sum ego factus prior; non est respondendum ad omnia ; neque enim quemquam VestrCim fugit, cum multi pares dignitate fiant,- unus autem primum solus pofsit obtinere, non eundem efse ordinem dignitatis et rerun- tiationis ; propterea quod renuntiatio gradus habcat, dignitas autem sit pera&pe eadem omnium. Sed quiEstura utriusque (10> $n homine- nobilifsimo M. JEmilio.'] M. iEmilius Scanrus was of as ancient family, which yet for several ages had made no figure in the com- monwealth, insomuch that he wasvery justly looked upon as the architect of his own grandeur and fortune. Asconius speaking of him savs, Scaunis ita fill patricius, ut tribes supra eum atiatibw jacuerit do mas ejus fortune,. IS am neque pater , neque stjus, neque etiam proavus , ut puto, propter tenner opes, et nullam vitce industriam,- hsnores adepti sunt Jtaque Scauro teque ae ■novo homini laborandum fuit. Cicero, in his oration for Dejotarus, calls Scaeirus the first man in the state. (U) J^ovis hominibus.'] As this exprefsion occurs frequently in- Cicero's orations, it may not be amifs to give the following explication of it, from Ferratius. Hie qwerendum est, quinam Roma; dicercntur novi homines; ■res enim non satis per se perspicua videtur. An ii, qui primum in fumiiiam, suam consulatum attulifsent ? Nequaquam : nam L. Murccna, qui, ut infra habetur, primus in familiam velerem, primus in municipium antiquifsimum, donsu latum aitulerat, nusquam homo novus dicitur, cum illius pater et avus- pr-.ctores fuifsent. An ii, qui primi ex sua gente adepti efsent magistrutum T Multo minus. : nam injinitum prope illorum numerum cxiitifse puto, qi riemincm appellation fuifse novum hominem legimus. Qucpropter, c 'irsTfi dig;:itate77i pervenifsent, ex illis orti faniUiis, ex qui bus anUa. CICERo's ORATIONS. 123 myself, because though but the son of a Roman knight, you have yet by your industry and virtue, opened your way to the highest honours of your eouiitry. Nor did t ever think the merit of the brave Quintus Pompeius, though but a new man, inferior t6 that of the noble Marcus yEmilius. For it argues no lefs magnanimity and spirit in Pompeius , to transmit to his de- scendants a lustre which he received not ; than it does in Scau- rus, to have renewed, by his virtue, the almost extinct glory of his race. Sect. Vlll. I had irideed flattered myself, my lords, that in consequence of my toils, obscurity of birth would no longer be an objection to many hrave men; who were not only on the same footing with the Curius's, the Cato'sj the Pompeius's, all old Romans, of distinguished courage, and plebeian rank ; but with those too of later date, the Marius's, the Didius's, and the Cadius's. For when, after such a distance of time, I had broken through that barricade of nobility* and, as in the days of our an- cestors, laid the consulship open to the virtuous, as well as to the noble ; and when a consul elect, of an ancient and illustrious descent, w r as defended by a consul, the son of a Roman knight ? I never imagined that the accusers would venture to say a word about the novelty of a family. For I myself had two pa- trician competitors, the one a profligate and audacious, the other an excellent and modest man : yet I outdid Catiline in dignity, and Galba in interest. And had suecefs been a crime in a new man, I wanted not enemies, and enviers to object it to me. Let us leave then this subject of their birth in which both are eminent, and let us proceed to the other points. He stood with me* says Suipicius, for the quaestor ship ; and I was first declared. There is no need of^ answering to every particular. All of you know* that when many of equal dignity are elected into the same office, and only one can obtain the honour of the first nomination, the degree of dignity can be no rule for that- of the declaration. For the order of nomination is succefsive, whereas the parties oftentimes are of equal rank. But the nemo vel magistratum gefserat, vet fuerat senator ; eos demum novos homines dicebant. Tales fuere quicumque a Cicerone hie recensentur, quorum maj'o- res ex plebe, aut ex ordine equestri. Scfibit Asconius iii comment, ad orat. contra competitor. Sex cqmpetitores in consulates petit lone Cicero habuit > duos patricios, P; Sulpiciurh Galbam, L. Sergium Catilinam; quatuor plebeios, ex quibus duos nobiles, C. Antoniuin, et L. Cafsium Longinum: \dicuntnr nobiles, quia ex itlorum ?najoribus nannulli consules fuerant.\ duos, qui tantum non primi ex familiis suis magistratum adepti erant, Q. Cornincium, et C. Licinium sacerdotem : (hineque 7iobiles erant,nuilo gesto a majoribus consulate, neque ?wvi homines, quorum patres aut avi all" quern magistratum ce per ant.) solus Cicero ex competitoribus equestri erat loco natusj adeoque consufatum adeptus, non tamen ante consul at um novus homo. 'SiSk M. T. CICERONIS ORATIONES. \ propedomum pari momento sovtis fuit; hatxuit hie (•'*) lege Titia provinciam tacitam et quietam . tu illam, cui, cum quaes- tores lbrtiuntur, etiam acclamari solet, Ostiensem, non tarn gratiosam et illustrem, quam negotiosam et molestam ; consedit utriusque nomen in qturstura; nullum enim vobis sors campura dedit, m quo excurrere virtus., cognoscite pofset. IX. Reliqui temporis spatiuiri, quod in eontenticnem voeatur, ab utroque difsimillima ratione tractatum est. Servius hie no- biscum hanc urbanam miiitiam respondendi, scribendi r cavendi, plenam solicitudinis ac stomachi, seeutus est: jus civile didicit: muhum vigilavit : laboravit: praesto multis fuit : multorum stul- titiam perpefsus est; arrogantiam pertuluT difficultatem exsor- buit: vixit ad aliorum arbitrium, non ad suum. Magna laus, et grata hominibus, unum hominem elaborare in ea. scientia, quae sit multus profutufa. Quid Mura?na interea ? fortiisimo et sa- pientifsimo viro, summo imperatori legatus L. Lucullo fuit: qua in legatione duxit exereitum, signa contulit r manum con- seruit, magnas copiat; hostium fudit, urbes partim vi r partim ob- sidione cepit : Asiam istam refertam, et eandem delicatam sic obiit, ut in ea neque avaritiae, neque luxuriae vestigium re- liquerit: maximo in bello sic est versatus, ut hie multas res et magnas sine imperatore gefserit, nullum sine hoc impcirator. Atque haec, quanquam praesente L. Lucullo loquar, tamen ne ab ipso propter periculum nostrum concefsam videamur habere li- centiam flngendi, publieis Uteris testata sunt omnia: quibus L. Lueullus tantum laudis impertit, quantum neque ambitiosus imperator, neque invidus, tribuere alteri in communicanda glo- ria debuit.. Summa in utroque est hon?stas, summa dignitas : quam ego, si mibi per Servium liceat, pari atque eadem in laude ponam : sed non licet ; agitat rem militarem: insectatur totain hanc legationem : afsiduitatis, et operarum harum quo- tidianarum putat efse corisulaturm Apud exereitum mihi fueris, inquit," tot amies I forum non attigeris I abftferis tamdiu ? et, cum longo intervallo veneris, cum iis, qui in foro habitarunt, de : dignitate contendas ? Primum ista nostra aisiduitas, Servi, nescis . quantum interdum aflerat hominibus fastidii, quantum satietatis^ mini quidem vehementer expediit, positam in oculis else gra- i =■• ■ ' . _ __ _ i ' • . " • ' ■ (12): Lege Titia provinciam tacitam.'] Pighius, in his annals of the Roman commonwealth, upon the year four hundred and eighty-eight, gives it as his opinion', thU C Titiusj a tribune of the people, pafsed that year a law for doubling the number of quaestors, and afsigned them their provinces by lot. . This, "he tells u», is the very law "which Cicero, in his oration for Mu- rena s distinguishes' by the name of the Titian law. Though this can be called no more than conjecture, yet it must be allowed far the most pro- bable of any that has hitherto been offered for the clearing of this pafsage. The province has here the epithet of tociia given it, because being one of the four Italic provinces, it was remote from the tumults of war, and gave- no opportunities for the exertion of military talents. cicfcRo's ORATIONS, 525 qusestorship allotted to each was almost of equal importance. Murena had a province easy and quieted by the Titian law. Ostia fell to your share, which, in the allotment of provinces, is ge- nerally hollowed at by the people, as being attended with more busincfs and fatigue, than power and honour. Neither of you gained any reputation in this office ; because fortune had given you no field, wherein to display and make known your virtues. Sect. IX. Your conduct since comes now to be examined, which differ^ according to your different course of hie. Servius embarked with me in the city warfare of giving opinions, plead- ing causes, and drawing contracts; a business full of perplexity and vexation. He applied to the civil law, watched much, la- boured without intermifsion, was always ready with his advice, bore the impertinence of many, winked at their arrogance, solved all their doubts; and lived to please others, not himself. Great is the praise, and greatly acceptable to mankind, when one man labours in a science, by which multitudes are to profit. But how was Murena employed in the mean while ? He served as a lieutenant-general to that great commander, the wise and accomplished L. Lucullus; in which capacity lie headed an army y drew up his men, joined battle, defeated the numerous troops of the enemy y and, partly by siege, partly by afsault, took a great many of their towns. He traversed the rich and voluptuous country of Asia, so as to leave no traces behind him,, either of avarice or luxury ; and behaved in that great war in such a manner as to perform many and important services with- out his general, while his general did nothing considerable with- out him. But though I speak this in presence of Lucullus, yet lest it should be imagined, that, in consideration of our present danger, he gives me leave to exaggerate matters as I please ; I appeal to the public letters sent to the senate, in which Lucullus ascribes more praise to Murena, than any general, biafsed either by envy or ambition, would allow to another in a communica- tion of fame. Both competitors are men of distinguished pro- bity and rank ; and would Servius give me leave, I would place the merits of both upon a level in point of praise: but he will not. He depreciates the military art; he inveighs against Murena' 3 lieutenancy; and considers the consulship as due only to the afsiduities of the bar, and the tedious exercise of our daily pleadings. Have you lived, says he, so many years in a camp, without so much as seeing the forum? Have you beer* absent so long? and now that you are at length returned, do you pretend to enter into a competition of dignity with men, to whom the forum has been a place of habitation ? But let me tell you, Servius, you seem not here to consider, how much satiety and disgust this constant appearance of ours sometimes creates, among men. It proved indeed of unspeakable advantage, to* 226 k. t. CICERONI* ORATIONES. tiam : sed tamen ego mei satietatem magno meo labore supe- ravi ; et tu idem fortafse : verumtamen utrique nostrum desi- derium nihil obfuiiset; Sed ut, hoc omifso, ad studiorum atque artium contentioncm revertamur: qui potest dubitari quin ad consulatum adipiscendum multo plus afierat dignitatis, rei mill- taris, quam juris civilis gloria ? Vigilas tu de nocte, ut tuis con- sultoribus respondeas; ille, ut, quo intendit, mature cum exer- citu perveniat: te gallorum, ilium buccinarum cantus exsusci- tat ; tu actionem instituis, ille aciem instruit ; tu caves ne tui consultores, ille ne urbes aut castra capiantur. Ille tenet, et scit, ut hostium copiae ; tu ut aquae pluvise arceantur: ille exer- citatus est in propagandis rinibus ; tu in regendis. Ac nimirunl (dicendum est enim quod sentio) rei militaris virtus praestat caeteris omnibus; X. Haec nomen populo Romano, hacc huic mbi seternam glo- nam peperit : haec orbem terrarum parere huic imperio coegit ; omnes urbanae res, omnia hacc nostra praeclara studia, et haec forensis laus, et industria, latent in tutela ac praesidio bellicae virtutis ; simulatque increpuit suspicio tumultus^ artes illico nostrae conticescunt. Et, quoniam mihi videris istam scientiam juris tanquam liliolam osculari tuanij non patiar te in tanto er- rore versariy ut istud nescio quid,' quod tantopere didicisti, prae- clarum aliquid efse arbitrere. Aliis ego te virtutibus, conti- nentiae, gravitatis, justitiae, fideij caeteris omnibus, cotisulatu et omni honore semper dignifsifrium judicavi ; quod quidem jus civile didicisti; non dicam, operam perdidisti: sed illud dicam, nullam efse in ilia difciplina munitam ad consulatum viam ; omnes enim artes, quae nobis populi Romani studia conciliant, et admirabilem dignitatem, et pergratam utilitatem debent ha- bere. XI. Summa dignitas est in iis, qui militari laude antecellunt ; omnia enim, quae sunt in imperio et in statu civitatis, ab iis de- fendi etiinnari putantur; summa etiam utiiitas: siquidem eorum consilio, et periculo, cum repub'liea, turn etiam nostris rebus cicero's orations. \ 22$ me, that my services were constantly in the eye of the public ; yet was it not without great application, that I conquered the disgust arising from my daily appearance. You perhaps have done the same: yet still I am apt to think, that a little absence would have been no difservice to either of us. But, dropping this, let us return to the comparisou of their talents and profes- sions. Can it be a doubt with any one, whether the science of arms gives not more dignity to a candidate for the consulship,, than skill in* the civil law? You watch all night long, to have an answer ready for those that come to consult you ; and he, that he may arrive betimes at the appointed place with his army. You are awaked by the crowing of the cock; he by the sound of trumpets. You: draw up a procefs; he marshals an army. You provide against the dangers of your clients ; he against those that threaten his towns or camp. He knows how to op- pose and baffle the attempts of his enemies; you can guard against the inconveniences of storms and rams. He is em- ployed in enlarging the bounds of the state ; you in regulating the civil administration. In short, to speak my sentiments freely, the glory of military accomplishments takes place ot* every other claim to merit. Sect. X. This was what first gave a name to the Roman people, brought immortal renown to their city, and subdued, the world to their empire. All our domestic pofsefsions, all these noble studies of ours, all our reputation and afsiduity at the bar, derive their protection and security from martial virtue alone. The least whisper of any public tumult, puts all those arts of purs immediately to silence. And because you seem to earefs this science of the civil law as a fond parent does a dark- ling child, I will not suffer you to continue any longer in so- great a mistake, as to imagine, that this, I can't tell what study, which you mastered with so much toil, is entitled to any emi- nent share of praise. It was; from virtues of another stamp, those of moderation, prudence, justice, "integrity, and everv other desirable quality, that I always judged you most worthy of the consulship, and every distinction of honour. As to your ability in the civil law, I will not say it is lost labour; but this I will say, that it offers no certain prospect of the consulship : for all the arts that serve to conciliate, the affections of the Roman people, ought to be eminent for their dignity, and re- commending by their utility. Sect. XL The men who excel in military accomplishments, are pofsel'sed of the highest dignity. For all that is great in the empire and commonwealth, confefsedly owes its establish- m eat and continuance to them. Nor are they lei s eminent 228 M. T. CICERONIS ORATIONES* -perfrui pofsumus ; gravis etiam ilia est et plena dignitatis dicendi tacultas, quae saepe valuit in consule deligendo ; pofse consiiio atque oratione, et senatus, et populi, et eorum qui res judicant, mentes permovere. Quaritur consul, qui dicendo nonnunquaui comprimat tribunitios furores, qui concitatum populum flcctat, qui largitioni resistat. Non mirum, si ob banc facilitate m ho- mines fa?pe etiam non nobiles consulatum conseeuti sunt : prieser- tim cum haec eadem res plurimas gratias, firmilsitnas amicitias, maxima studia pariat, quorum in isto vestro artificio Sulpici, nihil est. Primum dignitas in tarn tenui scicntia, qiuv potest efse? res enim sunt parva?, prope in singulis Uteris atque imer- punctionibus verborum occupata*. Deinde etiam, si quid apud inajores nostros fuit in isto studio admirationis. id enuntiatis vestris mysteriis, totuni est contemptuni et abjeetum. Pofset agi lege, riecne, pauci quondam sciebant: fastos enim vulgo non nabebant : erant in magna potentia, qui consulebantur : a qui- bus etiam dies tanquam a Clialda-is pctcbantur ; (") inventus est scriba quidam Cn. Flavins, qui cornicum oculos confixerit, et singulis diebus ediscendos fastos populo proposuerit, et ab ipsis cautis jurisconsnltis eorum sapientiani eompilarit. Itaquc irata ilii^ quod sunt veriti no, dierum rationc promulgata et cognita, sine sua opera lege pofset agi, notas quasdam compo- suerunt, ut omnibus in rebus ipsi interefsent. XII. Cum hoc fieri bellifsime pofset: Fundus Sabinus mens est: immo meus: deinde judicium : noluerunt. FUNDUS, inqim, QUI EST IN AGRO QUI SABINUS VOCATUR Satis verbose: cedo, quid postea ? ELM EGO EX JURE QUIR. MEUM ESSE AIO. Quid turn? INDE IBI EGO TE EX JURE MANU CONSERTUM VOCO. Quid huic (13) Inventus est scriba quidam, Cn. Flavins, qui cornicum oculos.'] This whole story may be learnt from Pomponius's Enchiridion, whoso words are still extant in the book of Pandects, where they treat of the origin of the civil Jaw. { shall here transcribe what relates to the present pafsa^e, for the sake of such as are unacquainted with this piece of history. Deinde, says he, ex his legibus eodem jcre tempore r ac Hones composite iun-t, f ... inter se hojTiiues disceptarent ; quas act tones, fte populus, ut vellet, iustituerit, c-ertas solemrtesque ejse voluerunt : et appele;;batur >nec pars juris, legis at> Hones. Et ita eodem pene tempore, tria fate jura nata sum: legks tabularmn: ex his jluere ccrpit jus civile: ex 'iisdem left's act tones com; Stmt, Omnium tauten harum et inlerpretandi scicntia, et actioncs, afAut legium pontijicum erat, e\ : qui bus coustitnebatur, quis onoqne emtio pra privatis: et populus prope centum annos hac consueiiuiitie usus est P cum Appiwt Claudius disposuijset, et ad fomtam re'degifstt Has act:. Cn. Flavins, scriba ejus, libertini jilius, snrrttptum librum pcpulo iraaidit : et. adeo gratum id munus populo juit, ut tribunus plebisjieret, et senat wdilis curulis. Hinc liber, qui actiones coiitinei, apptllati.r ji- ?ium, 1 lien almost at the same time actions or forms were composed out of those laws, by which men disputed with one another; which actions, lest the people should appoint them when they pleased, "Vere reduced to stated and tolemn terms; and this part of the law was called i actiones, the forms of the law. Thus, almost at one time, these three 229 for their utility; since it is by their counsels and clangers, that Ave are protected in the pofseision of public liberty, and .private property. Eloquence too has its claim to merit and praise ; and is often of powerful influence in the choice of a consul, by its addrefs and language to touch the affections of the senate, the people, and the judges. The public requires a consul, who can upon occasions reprefs the violences of tribunes, appease the fury of the people, and check the current of corruption. No wonder, then, if this talent has often raised men even of ig- noble birth to the consulship ; especially as it is so admirably calculated to beget the strongest attachments, the most univer- sal good-will, and the firmest friendships: advantages, Sulpi- cius, of which that art you so much value is entirely destitute. For first, what dignity can there be in so trifling a science ? the subjects themselves are minute, almost wholly confined to single letters, and the stops of sentences : and then, whatever admira- tion might have attended this study with our forefathers, now that the whole mystery is divulged, it is fallen into utter disgrace and contempt. But few were able to tell formerly, whether an action could be brought or not; for in those days there was no public calendar. The persons consulted were in mighty esteem, and resorted to, as the Chaldeans of oid, to give notice of the days on which actions were allowed. At last a scribe, one Cn. Flavins, outwitted this tribe of conjurers ; set up a calendar with the proper distinction of days ; and pdlaged the very law- yers themselves of their knowledge. They, in great wrath, and fearing that actions might be brought without them, now the proper court days could be known, set themselves to .con- trive certain forms of proceeding, to render their intervention necefsary in all causes. Sect. XII. Though it would answer very well in determin- ing a claim: That Sabine farm is mine: Nay, 'tis mine: After which give judgment: yet this the lawyer will by no means al- low. The farm, says he, which lies in the Sabine country, com- monly so called. Verbose enough. But what next? I claim bj/ the laws cf the land as my property Go on : And therefore I now give you legal warning to quit pofsefsion. The defendant, mean- kinds of laws sprang up : the laws of the twelve tables ; from them proceeded the civil law; and from the civil law, the legis actiones. But the knowledge of all these, with the actions themselves, was confined to the pontifical college, out of which the judges of private property were every year appointed, and the people went by this usage for near a hundred years. Afterwards, when Appius Claudius had digested and modelled these actions, Cn. Flavius, his scribe, the son of a freedman, stole the book, and published it for general use. This present was so agreeable to the people, that he was made tribune of the commons, sena- tor, and curule aedile. Thence the book containing those forms, is called the Flavian civil law, o$0 M. T> CICXRONIS ORATXO-NES. turn loquaciter litigiosa responderet ille, uncle petabatur, . sion habebat. Transit idem jurisconsultus tibicinis Latini modo ; UNDE TU ME, inquit, EX JURE MANU, CONSERTUM VOCASTI, INDE IBI EGO TE REVOCO. Praitor interest, lie pulchrum se ac 'beatum putaret, atque aliquid ipse sua sponte loqueretur, ei quoque carmen compositum est, t cum cateris re- bus absurdum, turn vero nullo usu : UTRISQUE SUPERSTI- TIBUS PRJESENTIBUS.: " ISTAM' VJAM MCO: INITE VI AM ; pracsto aderat sapiens ille, qui inire viam doceret : ~RE- DITE VIAM ; eodem duce redibarit. llaec jam turn apud illos barbatos ridicula, credo, videbantur : homines, cum recte atque in loco consti tifsent, jubere abire, ut., unde abilsent, eodem sta- tim redirent. lisdem ineptiis fucata sunt ilia omnia, QUANDO TE IN JURE CONSPICIO; et haec, SED ANNE TU DICIS CAUSA ViNBIC AVERTS? quae dum ; erant occulta^ necefsario ab eis, qui ea tenebant, petabantur: postea vero pervulgata, atque in inanibusjactataetexcufsa, inanifsima prudentiye reperta sunt, fraudis autem et stultitise plenifsima. Nam cum permulta prceclare legibus efsent.constituta, ea jurisconsultorum ingeniis pleraque corrupta ac depravata sunt. Mulieres omnes propter iniirmitatem consilii majores intutorum potestate efse voluerunt; hi invenerunt genera tutorum, quae potestate mulierum con- tinerentur ; sacra interire illi noVuerunt ; horum ingenio senes axl eoemptiones t'aciendas, interimendorum sacrorum causa, re- perti sunt. In.omni denique jure civili aequitatem reliquerunt, verba ipsa tenuerunt : ut, qui in alicujus libris, exempli causa, id nomen invenerant, jmtarunt qmn es mulieres, ( r 4) qu;je co~ emptionem facerent, Caias vocari. „■ Jam illud mihi quidem mi- rum videri solet, tot homines, tarn ingeniososT* per tot annos *etiam nunc statuere non potuifse, utrum diem tertium, an peren r jdinum ; judicem an arbitrum : rem an litem dici oporteret» XIII. Jtaque, ut clixi, dignitas in ista scientia consularis nunquam fuit, qua; tota ex rebus fictis commentiisque constaret : gratia; vero muko etiam minus. Quod enim omnibus patet, et axme promptum est mihi et adversario meo, id efse" gratum nullo pacto potest, Itaque non modo beneiicii collocandi spem, (H) Qiue coempticnem facer uns:~\ The word cqemptio, w.hich Cicero uses in this place, has a very different signification from that which it bears a few lines before. For'there it denotes the pretended .sale. of an estate to some old man, who, in order to elude the rites that were used when a suc- cefsion devolved upon an heir, was supposed to buy the inheritance, and then invest an imaginary heir with it. But here it exprelkes the union be- tween the husband and the wife, which was solemnized in three different ^uanners by the Romans, Gonfarreatione, usu„coemptiGuej, for an explication o£- ijihic'h we refer to Hotoinaa and Brifsonius. ORATIONS. 231 while, has nothing to answer to this tedious round of law-jargon. Then the lawyer, like a flute-player at a comedy, going over to, the side of the defendant, frames this reply : From those premi- ses, whence you gave me legal warning to depart, J rum in like maimer order you to retire. Here the praetor, lest he should think himself happy in being at liberty to say something of his own, is obliged to repeat a common-place form, as on other ac- counts ridiculous, so particularly for this, that it is absolutely devoid of meaning or use. Let the two parties present, says he, advance this way. Go. Instantly a sage presents himself to re- gulate their steps. Jietiu-n, says the prcetor : upon which the same master of the ceremonies conducts them back. Even the bearded gentlemen themselves often smile at this farce ; to see men ordered to quit a place where they stand quietly and con- veniently, that 'when they have left k, they may immediately return to it again. Every thing was infected with the like im- pertinences. When I see you personally present in court. And i» gain ; Do you offer to speak, when your pretensions have been -over-ruled? While these forms were kept secret, there was a ne- cefsity for having recourse to those to whom they were known; but after they became public, and began to be canvafsed and examined, they were found quite void of all meaning, but re- plete with roguery and folly. For though pur laws abound in admirable institutions, yet have the refinements of lawyers per- verted every thing. Our ancestors ordained, that women, as being- lei's capable to manage for themselves, should be under the direction of guardians. But lawyers have invented a species of guardians, whose authority is subordinate to that of their wards. Nothing was more earnestly studied by pur forefathers, £han to perpetuate religious rites : but the ingenuity of these gentlemen has devised a method, in which old men, by a pre- tended purchase, exempt the heir from £he servitude of these ceremonies. In short, they have quitted the study of equity in the law, and attached themselves wholly to terms: insomuch that because the word Caia occurs in some of their books, they have concluded that all women concerned in any contract ought to be so named. Nor has it lefs appeared a matter of wonder to me, that so many ingenious men have not to this day been able to determine whether they ought to say, the third day, or the day after to-morrow; judge, or arbiters an action, or a plea. Sect. XIII. As I have said, therefore, there can be no con- sular dignity, and tar lefs any lustre, in a science which rolls entirely upon trivial and empty forms. For what is open to all, and alike serviceable to my adversary and me, can never surely be accounted engaging. You have, therefore, not «only Jost all hope of being serviceable to others, but the very form 232 M. T. CICERONIS ORATIONES. sed etiam illud quod aliquando iuit. LICET CONSULERE, jam perdidistis. Sapiens existimari nemo potest in ea. pruden- tifi, qua; neque ex f tra Romam usquam, neque Romae, rebus pro- lans, quidquam valet ; peritus ideo haberi non potest^ quod in eo sciunt omhes, nullo modo pofsunt inter se discrepare ; diffi- cilis autem res ideo non putatur, quod et perpaucis, et minime obscuris Uteris continetur. Itaque si mihi homini vehementer occupato stomachum moveritis, triduo me jurisconsultum efse profitebor. Etenim qua? de scripto aguntur, scripta sunt om- nia : neque t'amen quidquam tarn anguste scriptum est, quo ego non pofsim, QUA DE RE AGITUR, addere ; quse consuluntur autem, minimo periculo respondentur : si id quod oportet, re- sponderis ; idem videare respondifse quod Servius : fin aliter ; etiam controversum jus nofse, et tractare videare. Quapropter non solum ilia gloria militaris vestris formulis atque actionibus anteponenda est, verum etiam dicendi consuetudo longe et multum isti vestrse exercitatione ad honorem antecellet. Itaque mihi videntur plerique initio multo hoc maluifse : post, cum id afsequi non potuifsent, isthuc potifsimum sunt delapsi : ut aiunt jn Graecis artificibus, eos auloedos efse, qui citharcedi fieri non potuerint; sic nonnullos videmus, qui oratores evadere non potuerunt, eos ad juris studium de venire. Magnus dicendi la- bor, magna res, magna dignitas, sumina etiam gratia. Etenim a vobis salubritas qusedam, ab iis qui dicunt, salus ipsa petitur. Deinde vestra responsa atque decreta et evertuntur ssepe di- cendo, et sine defensione oratoris firma efse non pofsunt. In qua re si satis profecifsem, parcius de ejus laude dicerem : nunc nihil de me dico, sed de iis, qui in dicendo magni sunt, aut fuerunt. XIV. Duae sunt artes, quae pofsunt locare homines in amplis- simo gradu dignitatis; una imperatoris, altera oratoris boni. Ab hoc enim pacis ornamenta retinentur ; ab illo belli pericula repelluntur. Caeterae tamen virtutes ipsae per se multum valent, justitia, fides, pudor, temperantia, quibus te, Servi, excellere omnes intelligunt: sed nunc de studiis ad honorem dispositis, non de insita cujusque virtu te disputo. Omnia ista nobis studia de manibus excutiuntur, simulatque aliquis motus novus bel- licum canere coepit. Etenim, ut ait ingeniosus pbeta et auctor valde bonus, prceliis promulgatis, PELLITUR E MEDIO non Holum ista vestra verbosa simulatio prudentise, sed etiam ilia CICERO'S ORATIONS. 233 of addref^ing- you for advice is fallen into disuse. Can any man be accounted wise for his ability in a science, which with- out the walls of Rome is of no manner of use, and in vacation time is uselefs even in Rome itself? Sure there can be no cun- ning in a part of knowledge, which is so obvious to all men, that it is impoisible there should be any dispute about it. Nor was any thing ever accounted difficult, because it was contained in a few, and those very plain words. Nay, if you provoke me, entangled as I am in other affairs, I will yet profefs myself a lawyer in three days time. For all the writing busineis of this profession, is contained in certain forms already reduced to writing: nor are any of these so obscurely worded, as that I shall be at a lofs to perceive their meaning. As to the consul- tive part, nothing is so easy as giving one's opinion : for if you answer as you ought, even Suipicius himself could not have done better: but if otherwise, you will pafs for one thoroughly skilled in the controverted points of law. And thus, not only is military glory preferable to your forms and decisions ; but even the practice of speaking conduces far more to the attain- ment of public honours, than does the exercise of your profes- sion. I am therefore of opinion, that the aim of the greater part at first was eloquence ; which finding above their reach, they sunk into civilians. For as Ave commonly say of Greek artists, that an indifferent harper may make a good piper ; so we see some who are incapable of turning out orators, fall into the profefsion of lawyers. The practice of speaking is attended with much toil: the study itself is important, full of dignity, and formed to beget popularit}'. To you men apply for good counsel, but to the orator for preservation and safety. Besides, youranswefs and decisions often vanish before a good speaker, and can never support themselves without the aid of eloquence : in which had it been my happinefs to make any considerable progrefs, I should be more sparing in its praises. What I now say is no way applicable to myself, but to those only who are or have been eminent in pleading. Sect. XIV. There are two arts capable of placing men in the hi^he^t degree of dignity ; that of a good general, and that of a good orator. The one secures to us all the advan- tages and ornaments of peSce ; the other protects us from the terrors and dangers of war. Other virtues, it must be al- lowed, are not without their share of praise, such as justice, honour, modesty, temperance ; virtues in which you, Servius, are universally known to excel. But the dispute at present is about the arts that lead to preferment, not the intrinsic worth of particular persons. All these studies vanish at once from our sight, how soon any new commotion beats the alarm to war, For, as an ingenious poet of approved merit. 234 M. T» CIG^RONIS ORATfONES, . ipsa domina rerum SAPIENTIA : VI GERITUR RES. SPER- N1TUR ORATOR non solum odiosus in dicendo, ac loquax, verum etiam BONUS: HORRIDUS MILES AMATUR. Ves- trum vero studium totum jacet. NON EX JURE MANU CONSERTUM, SED IMAGE FERRO, inquit, REM REPE- TUNT- Quod si ita est, cedat, opinor, Sulpici, forum castris, otium militia?, stilus gladio, umbra soli: sit denique in civitate ea prima res, propter quam ipsa est civitas omnium princeps. Verum ha?c, Cato, nimium nos nostris verbis magna* facere de- monstrat, et oblitos efse, bellum illud omne Mithridaticum cum mulierculis else gestum ; quod ego longe secus existimo 7 judices; deque eo pauea diiseram; neque enim causa in hoe contmetur. Nam si omnia bella, quae cum Gra°cis gefsimus, eontemnenda sunt: derkleatur ( I5 ) de rege Pyrrho triumphus M. Curii: de Philippo, T. Flamimnij de ^Etolis, M. Fulvii: de rege Perse, L. Paulli: de Pseudophilippo, Q. Metelli : de Corin- thiis, L. Mummii. Sin haec bella gravifsi ma, victoriceque eorum bellorum grarifsima? fuerunt ; cur Asiatics; nationes, atque ille a te hostis contemn itur ? Atqui ex veterum rerum monumentis, vel maximum bellum populum Roman, cum Antiocho gefsifse video : cujus belli victor L. Scipio, parta cum Publio fratre glo- ria, quam laudem ille, Africa opprefsa, cognomine ipso prae se ferebat, eandem hie sibi ex Asiae nomine assumpsit. Quo qui- dern in bello virtus enituit egregia M. Catonis, proavi tui. (15) De rege Pyrrho triumphus M. Curii. ~] Cicero is here engaged in the vindation of his client's valour, whfch, he observes, was tried in a very- formidable war ; a war that could not be made light of, without under- valuing some of the most important the Romans were ever engaged in. Of this kind he mentions several: as first the war with Pyrrhus king of Epirus, which happened in the four hundred and third year of the city, when the Taren tines invited him into Italy to defend them against the Romans. After a struggle of five years, be was finally defeated by Curius Dentatus, who was rewarded with the honour of a triumph Philip en- gaging in a league with Hannibal, thereby drew upon himself the resent- ment of the Romans; who, of the conclusion after the second Punic war, sentT. Flamininus against him, by whom he was defeated, and obliged to s*ue4f©r peace. For this service Flamininus was honoured with a triumph ; as A( et quid effecerit, et qui vir i'scnt, consideraris ; omnibus regibus r quibus- cum populus Rom. bellum gefsit, hunc regem nimirum ante- pones. Quern L. Sylla maximo et fortifsimo exercitu, pugna excitatum, nonrudis imperator, ut aliud nihil dicam, eum bello inveetum totam in Asiam, cum pace dimifsit: quern L. Muraena,. pater hujusce, vehementifsime vigilantifsimeque vexatum, re- prefsum maxima ex parte, non< opprefsum reliquit: qui rex, sibi aliquot annis sumptis ad conhrmandas rationes et copias belli, tantum ipse opibus conatuque invaluit, ut se oceanum cum Ponto y Sertorii copias cum suis.conjuncturum putaret. Ad quod bellum duobus consulibus ita mifsis, ut alter Mithridatem persequeretur, alter Bithyniam tueretur; alterius res et terra et mari calamitosae, vehementer et opes regis et nomen auxerunt : L. Luculli vero res tantae exstiterunt, ut neque majus bellum commemorafi pofsit, neque majore consiiio, et virtute gestum. Nam cum totius impetus belli ad Cyzicenorum mcenia consti- tifset,. eamque urbem sibi Mithridates Asiae januam fore puta- vifset, qua efFracta et revulsa, tota pateret provincial perfecta ab Lucullo beec sunt omnia, ut urbs tidelifsimorum sociorum de- fenderetur, et omnes copiae regis diuturnitate obsidionis con- sumerentur. Quid! il'am pugnam navalem ad Tenedum, cum contento cursu, acerrirais ducibus, hostium clafsis Italiam spe atque animis inflatay peteret; mediocri certamine, et parva di- mieatione eommifsam arbitrarisr Mitto preelia : praetereo oppug- nationes oppidomm : expulsus regno tandem aliquando, tantum tamen consiiio atque anctoritate valuit, ut se, rege Armeniorum. adjuncto, novis opibus copiisque renovarit. 3JVT. Ac si mihi nunc de rebus gestis efset nostri exercitus impreratorisque dicendum, plurima et maxima proelia commemo- rare pofsem. Sed non id agimus: hoc dico; si bellum hoc, si hie hostis, si ille rex contemnendus fuilset; neque tanta cura senatus et populus Rom. suseipiendum putafset, neque tot annos 237 "When he had so lately driven Hannibal out of Italy, forced hirn to abandon Africa, crushed the power of Carthage, and de- livered the republic from the greatest dangers, had not that been considered as a weighty and formidable war. Sect. XV. And indeed, if you diligently weigh the powet of Mithridates, his great actions, and the real character of the, man, you will find reason to rank him above all the princes with whom the Roman people were ever at war. He was k prince whom L. Sylla, who, to say the least of him, was no raw commander, though at the head-of a brave and numerous army, and ready to join battle, yet suffered to depart in peace from Asia, which he had filled with all the calamities of war : a prince whom L. Murena, the father of whom I now defend, after ha- Tafsing him with indefatigable industry and vigour, and reducing him to the greatest straits, found it yet impolsible wholly to .subdue : a prince who, after taking some years to recruit his Tevenues and armies, recovered so much power and spirit as to think of joining the ocean with the Pontic sea, and the troops ,of Sertorius with his own. Two consuls were sent to this war, the one to attack Mithridates, the other to defend Bithynia. The .latter miscarrying both by land and sea, rather added to the power and reputation of the king : but Lucullns signalized himself by so many great actions, that we meet with no war in history, either more important in itself, or managed with greater courage or conduct. For when the whole collected force of the war &tood at the walls of Cyzicum, and Mithridates, regarding that city as the gate of Asia, flattered himself that by destroying her bulwarks, he would lay the whole province open td his depre- dations ; Lucullus took his measures so effectually as both to de- fend this city of our faithful allies, and entirely consume the idng's army by the length of the siege. What ! do you regard "the naval fight at Tenedos as a slight and inconsiderable en- gagement, when the enemy's fleet, with full sail, and under the ■fiercest leaders, flushed with hope and expectation, was making for the coast of Italy ? I forbear to speak of battles, and the many sieges ithat happened during the war. When at length he was driven from his kingdom, so powerful was his authority and addrefs, as, by conciliating the king of Armenia to his aaise, to re-establish it by a new acceision of strength .and forces. Sect. XVI. Was it my tmsinefs to recount here the exploits of our army and general, I might give a detail of many very considerable engagements. But that is not the point at present. This, however, I will take upon me to say ; that if this war, this enemy, tins monarch, had been despicable, the senate and 0,3 N 238 M. T. CICERONIS ORATIONES. g.efsifset, nequc tanta gloria L. Luculli, neque vero ejus belli conficiendi curam tanto studio populus Romanus ad Cn. Pom- peium detulifset: cujus ex omnibus pugnis, quae sunt innume- yabiies, vel acerrima mihi videtur ilia,, quae cum rege commifsa est, et summa contentione pugnata. r Qna ex pugna cum se ille eripuifset, et Bosphorum confugifset, quo exercitus adire non pofset,, etiam in extrema fortuna et fuga, nomen tamen retinuit regium. Itaque ipse Pompeius, regno pofsefso, ex omnibus oris, ac notis sedibus hoste pulso, tamen tantum in unius anima posuit, ut cum omnia, quae ille tenuerat, adierat, speraret, vic- toria pofsideret; tamen non ante, quam ilium vita expulit, bel- lum confectum judicarit. Hunc tu hostem, Cato, contemnis, quocum per tot annos, tot proeiiis, tot imperatores bella geise- runt ; cujus expulsi et ejecti vita tanti a?sthnata est, ut morte ejus nunciata, turn denique belium confectum arbitraretur ? Hoc igitur in bello L. Muraemini legatum fortifsimi animi, sum- mi consilii, maximi laboris cognitum efse defendimus: et hanc ejus operam non minus ad consuJatum adipiscendum, quam hanc nostram forensem industriam dignitatis habuifse. XVII. At enim in practurae petitione prior renuntiatus est Servi'iS. Pergitisne vos, tanquamex syngrapha, agere cum populo, ut quern locum semel honoris cuipiam dederit, eundem rdliquis honoribus debeat? Quod enim f return, quern Euripum tot motus, tantas, tarn varias habere putatis agitationes rluc- tuum, quantas perturbationes et quantos astus habet ratio co- mitiorum? Dies intermifsus unus, aut nox interposita, ssepe perturbat omnia : et totum opinionem parva nonnunquam com- mutat aura rumoris. Saepe etiam sine ulia aperta causa fit aliud . atque existimamus, ut nonnunquam ita factum else etiam popu- lus admiretur ; quasi vero non ipse fecerit.' Nihil est incertius vulgo, nihil obscurius voluntate hominum, nihil fallacius ratione tota comitiorum. Quis L. Philippum summo ingenio, opibus, gratia, nobilitate, a M. Herennio superari poise arbitratus est? quis Q. Catulum humanitate, sapientia, integritate antecellen- tern, a Cn. Manlio ? quis M. Scaurum hominem graviisimum, civem egregium, fortifsimum senutorein, a Q. Maximo? ncjj 2-39 people of Rome would not have thought it necefsary to use so much precaution in their preparations ; never would the war have lasted so long ; never could Lucullus have returned from it with so much glory ; nor would the Romans have heen so earnest to entrust the finishing of it to Cn. Pompey: of all whose innumerable battles, none seems to me to have been fiercer than that so obstinately disputed with this king ; who, finding means to escape with some troops, and taking refuge in Bosphorus, whither our army could not penetrate, supported, even in the lowest ebb of flight and fortune, the name and re- putation of a monarch. Accordingly Pompey, having, taken poisefsion of his kingdom, and driven him from all his known haunts and territories, made yet so great account of the life of this one man, that though by his vicory, he became master of all that Mithridates held, laid claim to, or aspired after ; he neverthelefs did not look upon the war as finished till he had driven Mithridates out of the world- And do you, Cato, de- spise an enemy, who, for so many years, and in so many bat- tles, lias opposed so many of our generals ; whose life, even in expulsion and exile, was so highly accounted of, that the Avar was never looked upon as finished till the news came of his death ? It is in this war, I contend, that L. Murena, in the cha- racter of lieutenant-general, distinguished himself by his un- daunted courage, his consummate prudence, and his indefatig- able industry ; nor do these qualities recommend him with lets advantage to the consulship, than does our practice at the bar and in the forum. Sect. XV1L But Servius, J am told,, was declared first, in the competition for the praetorship. Do you then exact from the people, as if in virtue of some contract, that because they once gave the preference to a man in a point of honour, he has therefore a right to it on all succeeding occasions ? What sea, what narrow strait, is agitated with more fluctuations and changes, than are the tolsings and tumults of popular afsem- blies? One day intermitted, or one night, often throws all into confusion; and the least breath of rumour sometimes entirely changes the inclinations of the people. Often without any ap- parent cause, the very reverse of what we expected happens, in- somuch that even the people sometimes wonder at the event, as if it did not wholly proceed from themselves. Nothing is more unstable than the multitude, nothing more impenetrable than the mind of man, nothing more fallacious than the ifsue of elections. Who could have imagined that L. Philippus, so eminent for his parts, application, interest, and birth, would have been baffled by M. Herennius? or, Q.. Catulus, with his known character of humanity, wisdom, and integrity, by Cn. Manlius? or M. Scaurus, so able a statefman, so worthy a citizen, and so brave Q 4 240 M. T. CleERdNfS OfcAf IONES. modo horum nihil ita fore putatum est, sed ne cum efset fa&um quidem, qtiare ita factum efset intelligi potuit. Nam ut tern- pestates saepe certo aliquo cceli signo commoventur, saepe im- provise* nulla ex certa ratione, obscura uliqua ex causa excitan- tur : sic in hac cbmitiorum tempestate populari, ssepe intelligas, quo signo commota sit; ssepe ita obscura est, ut casu excitata efse videatur. XVIII. Sed tamen, si est reddenda ratio, ( l6 ) duse res vehe- menter in praetura desiderata^ sunt, quae ambae in consulatu turn Muraenas profuerunt : una, exspectatio muneris, quae et rumore nonnulio, et studiis sermonibusque competitorum creverat : al- tera, quod ri, qnos in provincial ac iegatione, omnis et liberaiita- tis et virtutis sua; testes habuerat, nondum decefserant. Horum utrumque ei fortuna ad consulatCis petitionem reservavit. Nam et L. Luculli exevcitus, qui ad trimnphum convenerat, idem co- mes L. Murajna; pracsto rait; et munus amplifsimum, quod pe~ titio praeturae desiderabat, praestura restituit. Nuru tibi hac parva videntur adjumenta et subsidia consuiatCis? voluntas mi- jitum ? quae cam per se valet multitudme, turn apud suos gratia; turn verd in consule declurando muitum etiain'apud universum popuium Rom. auctoritatis habet suitragatio milita- ris : irnperatores enim comitiis consularibus, non verborum in- terpretes deliguntuf, Quare gravis est ilia oratio . Me saucium recreavit : me pr&^ia donavit : hoc duce castra cepimus, signa contulimus : nunquam iste plus militi labons imposuit, quam sibi sumpsit ipse; cum fortis turn etiam feiix. Hoc quanti putas efse ad famam hominum, ac^ voluntatem ? etenim si tanta illis comitiis religio est, ut adhuc semper omen vaiuerit prse- rogativum ; quid mirum est, in hoc reiicitatis famam scrmonem- que valuifse ? (16) Diue res vehementef in prceturo desideraice sunt, qucz amh^e in consu- tat.u turn IMuttEntE profuerunt.~\ Two things were wanting to Murena when he stood candidate for the puvtorship, the absence of which contributed riot a little to render him lefs acceptable to the people than bis v ompetitor Sulpicms. Both these attended him in his suit for the consulship, and enabled him in the end to triumph over his rival. One of these was the expectation of public games, which had been fomented by various ru- mours, and the studied insinuations of his fellow-candidates. Murena had never been aeclile, and therefore had no opportunity of recommending him- self to the favour of*the people, by an exhibition of public games. This was a great disadvantage to him when he sued for the prastorship ; because the ether candidates having enjoyed that magistracy, and the means it furnished of becoming popular, failed not to "boast of the zeal they had shown to please the people, and encouraged the rumours against Murena, whom they represented as one that had de-dined the office out of parsi- mony. Ris pratorship, however, restored this opportunity of acquiring popularity; because it fell to his lot, as city prjetot, to exhibit the \ feiicceel tc Apollo, which he did ill a most magnificent rhairoer and thereby CICERo's ORATIONS. 241 a senator,. by Q. Maximus. These great men so little expected such a repulse, that when the affair was over, they could not comprehend how it had happened. For as tempests are often portended by certain appearances of the heaven, and often arise suddenly and unexpectedly from some obscure cause; so in the storms attending popular elections, you often can perceive whence they take their rise ; but often too the cause is so ob- scure, that the whole seems the mere effect of chance. Sect. XVIIL But if we must give a reason for it, two things were conspicuously wanting in Murena's suit for the praetorship, which both contributed greatly to his being chosen consul: one, the expectation of public games, which was increased by certain reports, and the affected talk and discourse of his rivals; the other, that they who had been w r itnefses to his liberality and bravery while he served as lieutenant in the province, were pot yet returned from the province to Home. Fortune reserved both these advantages to give weight to his solicitation for the Consulship. For the army of Lucnllus afsembling at Rome to attend that general's triumph, afsisteel Murena in his applica- tion ; *and in his prsetorship he entertained , the people with magnificent public shows, which were w r anting when he stood candidate for that dignity. Are these, think you, weak and feeble helps to a consulship ; to be supported by an army, powerful in the number of troops, and of considerable interest by its friends ? besides, that in the election of a consul, the suffrages of the soldiers have always been of great authority With the whole body of the Roman people. For generals, and not interpreters of words, are the succefsful candidates at a consular election. Accordingly there is much weight in a speech like this : He relieved me when I was wounded ; he en- riched me with plunder ; under his conduct we stormed the ene- mies camp, after hating vanquished them in battle ; he imposed no hardships on his soldiers, in which he did not share himself; always brave, always succefsful. How prevalent must a dis- course of this kind be, to raise a man's reputation, and conci- liate- the good-will of the people ! for if the voices of the pre- rogative century are still regarded with religious awe, so as to pats for a favourable presage ; what reason is there to wonder, that the fame and discourse of Murena's good fortune prevailed for him on this occasion ! so effectually ingratiated himself with the people, that when he stood can- didate for the consulship, he found his -interest greatly increased, and was even chosen in preference to Sulpicius. 242 T. M. CICERONIS ORATIONES. XIX. Sed si haec leviora ducis, quae sunt gravissima, et hanc urbanam suffragationem militari anteponis ; noli ludorum huju^ elegatitium, et scenae magnificentiam valde contemnere, quae liuic admodum prof'uenint. Nam quid ego dicam populum ac valgus iinperitum \\id\s magnopere delectari ? minus est miran- chun : quanquam huic- causae satis est ; sunt enim populi ac rouititudinis comitia. Quare si populo ludorum magniticentia voluptati est, non est, mirandum, earn L. Murenae apud popu- lum proiiusse. Seel si nosmetipsi, qui et ab delectatione omni negotiis impediniur, et in ipsa occupatione delectationes alias muitas abere possumus, ludis tamen oblectamur et ducimur ; quid tuadmirere cle multitudine indocta? (- 17 ) L. Otho, vir for- tis, mens necessarius, equestri .ordini restituit, non solum dig- nitatem, sed etiam voluptatem ; itaque lex haec, quae ad ludos perrinet, est omnium gratissima ; quod honestissimo ordini cum sdfendore tructus quoque jucunditatis est restitutus. Quare de- Jectant homines, mihi crede, ludi, etiam illos qui dissimulant, non solum eos qui latentur : quod ego in mea petitione sensi : nam nos quoque habuimus ( ,8 ) scenam competitricem. Quod si eo-o, quitrinos ludos aedilisfeceram, tamen Antonii ludis com- (17) L.Otho,virfortis.~] L. Roscius Otho, tribune of the people, published a law, for the afsignment of distinct seats in the theatres to the equestrian order, who used before to sit promiscuously with the populace: but by this; law, fourteen rows of benches, next to those of the senators, were to be appropriated to their use; by which he secured to them, as Cicero says, both their dignity and their pleasure. The senate obtained the same privilege of separate seats about an hundred years before, in the consulship of Scipia Afrtcanus, which highly disgusted the people, and gave occasion, says iiivy, as all innovations are apt to do, to much debate and censure ; for many of the wiser sort condemned all such distinctions in a free city, as elangerous to the public peace ; and Scipio himself afterwards repented", and blamed himself for suffering it. Otho's law, we may imagine, gave still greater offence, as it was a greater affront to the people to be removed yet farther from what of all things they were fondest of, the sight of plays a'nd shows. It was carried, however, by the authority of the tribune, and is frequently referred to by the clafsic writers, as an act very memorable, and what made much noise in its time. Some time after, during the con- sulship of Cicero, and while the grudge was still fresh, Otho happening to come into the theatre, was; received by the populace with an universal hifSj, but by the knights with loud applaufe and clapping: both sides redoubled their clamour with great fierccnefs, afcd from reproaches were proceeding to blows ; till Cicero, informed of the tumult, came immediately to the theatre, and calling the people out into the temple of Bellona, so tamed and stung them by the power of his words, and made them so ashamed of their lolly and perversenefs, that on their return to the theatre they changed their hifses to applaufes, and vied with the knights themselves in. demonstrations 1 of their respect to Otho. The speech was soon after publimed ; though, from the nature of the thing, it must have been made upon the spot, and flowed extempore from the occasion ; and as it was much read and admired for several ages after, as a memorable instance of Cicero's command over men's pafsions," so some have imagined* it to be alluded to in that beautiful pafsage of Virgil, where he represents Neptune appearing above the waves, and quieting the storm that has dispersed JEneas's fleet : 243 Sect. XIX. But if you make light of these advantages, which yet are in reality of very great account, and prefer the suf- frages of citizens to those of soldiers ; at least let me advise you to supprefs your- contempt for the elegance of Murena's plays, and the magnificence of his scenes, which did him so much service. For what need is there of putting you in mind, how much the people and unthinking vulgar are delighted with the public shows? The fact is incontestable, and abundantly serves my present purpose ; since, in afsemblies for elections, the people and multitude are always predominant. If then the magnificence of public spectacles gives such content to die peop]c ? there is the lefs reason to wonder that Murena thereby so effectually gained their favour. For if even we, whom busi- nefs restrains from the pursuit of pleasure, and who in the, course of our engagements often find pleasure enough, are yet sometimes amused and diverted by the public shows; why should we be surprised at the thoughtlefs multitude ? My brave friend, L. Otho, has restored to the equestrian order, not only their dig- nity, but likewise their pleasure. Accordingly this law relating to the public spectacles, is of all others the most agreeable ; because it secures to a very honourable clafs of men, along with the splendour of their rank, the convenience also of their diver- sions. Therefore, take my word for it, the public games not only delight those who confers, but those too who affect to speak of them with indifference : as I myself experienced in the course of my preferment, when it was my turn to engage in this contest of magnificence. But if I who, when aedile, " Ac veluti magno in populo cum same coorta est " Seditio, ssevitque animis ignobile vulgus ; " Jamque faces et saxa volant furor arma mininrat : " Turn pietate gravem et meritis si forte virum quern ■' Aspexere,. silent, arrectisque auribus adstant; ff Hie regit dictis animos, et pectora mulcet." Firg, Mn. I. 152. f* As when sedition fires th' ignoble crowd, And the wild rabble storms and thirsts for blood ; Of stones and brands a mingled tempest flies, With all the sudden arms that rage supphes, Jf some grave sire appears amidst the strife, In morals strict, and innocence of life, All stand attentive, while tne sage controuls Their wrath, and calms the tempest of their souls." put. What gives the greater colour to this imagination is, that Quintilian ap- plies these lines to his character of a complete orator, which he profefsedly forms upon the model of Cicero. The oration itself is now lost ; but it appears by Macrobius, that cue topic which Cicero touched in this speech, and indeed the only one of whxh we have any hint from antiquity, was to reproach the rioters for their want of taste and good sense, in making such a disturbance while Ro.,cius was acting. (18) Scenam competitrictm.'] Cicero here intimates, that when he stood candidate for the consulship, he was opposed by several rivals, not a little formidable by the court they had paid to the people in the exhibition of plays and mows. Among the rest Antony, who had been Cicero's col- league in the acdileship, is related to have exceeded all that weiit before Jum m magnificence, mfomuch that the very scenes were of solid silver. 244 M. T. CICERONIS ORATIONES. movebar ; tibi, qui casu nullos feceras, nihil hujus istam ipsam, quam irrides, argenteam scenam adversatam putas f Sed haec sane sint paria omnia; sit par forensis opera militari ; sit par mili- tari suffragatio urbana ; sit idem, magnificentifsimos, et nullos unquam fecifse ludos : quid? in ipsa praetura, nihilne existimas inter tuam et istius sortem interfuifse ? XX. Hujus sors ea fuit, quam omnes tui necefsarii tibi optaba^ mus, ( I9 ) juris dicundi: in qua gloriam conciliat magnitudo ne- gotii, gratiam asquitatis largitio : qua in sorte sapiens praetor, qualis hie fuit, oliensionem vitat asquabilitate decernendi, bene- volentiam adjungit lenitate audiendi. Egregia et ad consula- tum apta provincio : in qua laus asquitatis, integritatis, facilita- tes, ad extremum, ludorum voluptate eonciuditur. Quid tua sors? tristis, atrox, ( iq ) quaestio peculates; ex una parte la- crymarum et squaloris, ex altera plena catenaruni atque indi- cum: cogendi judices inviti, retinendi contra voluntatem : scriba damnatus, ordo totus alienus: Syllana gratificatio repre- hensa : multi viri fortes, et prope pars civitatis offensa est.: Cicero therefore had reason to fear, that the magnificence of Antony's shows would plead more powerfully for him, than all his labour and in- dustry in protecting the lives and fortunes of his fellow-citizens. And in fact we find, that though our orator's interest was superior, (for he was proclaimed first consul by all the centuries) yet Antony was the next to him in popularity, and obtained jointly with him the consulship, in pre- ference to all the other candidates, it appeared remarkably upon this occasion, how dear Cicero was to the Roman people. The method of choosing consuls was not by an open vote, but by a kind of ballot, or little tickets of wood, distributed to the citizens, with the names of the candi- dates severally inscribed upon each : but in Cicero's ca»e, the people were not contented with this secret and silent way of testifying their inclina- tions ; but before they came to any scrutiny, loudly and universally pro- claimed Cicero the first consul ; so that, as he himself declared in his speech to them after his election, he was not chosen by the votes of par- ticular citizens, but by the common suffrage of the city; nor declared by the voice of the crier,, but of the w 7 hole Roman people. He was the only new man who had obtained this sovereign dignity, or, as he exprefses it, had forced the entrenchments of the nobility for forty years past, from the first consulship of C. Marius ; and the only one likewise who had ever obtained it in his proper year, or without a repulse: for the nobles themselves, though always envious and desirous to deprefs him, yet out of regard to the dangers whick threatenedthe city from many quarters, and seemed ready to burst out into a iiame, began to think him the only man qualified to preserve the republic, and break the cabals of the desperate, by the vi- gour and prudence of his administration : for in cases of danger, as Sallust observes, pride and envy naturally subside, and yield the post of honour to virtue. (i9) Juris dicundi."] The praetors at Rome had different provinces as- signed them; some being appointed to take cognizance of private, others of public causes ; some to determine in civil, others in criminal matters. The pTeelor urbanus (and, as Lips i us thinks, the prtetor petegrinus) pre* sided in private causes, .and the other praetors in questions relating to crimes. The latter therefore were sometimes called qucesitcres, quia quce- vebant de crimine ; the firlt barely///.? dicebat. This was the lot of Murena, who was therefore city praetor, a grateful magistracy, and peculiarly ho- nourable at Rome ; he who was invested with it, being distinguished bv the title of prcelor honoratus. Here we must take notice of the difference 245 exhibited three solemn shows, was yet alarmed by the splendour of the games given by Antonius ; can you, who chanced to ex- hibit none, imagine that this silver scenery of Murena, which you so much ridicule, was of no prejudice to your cause? But let us suppose all the points in dispute between you equal ; that the accomplishments of the forum have no lefs merit than those of the field ; that the interest of the city voters is as great as that of the army ; that there is no difference between exhibit- ing the most magnificent shows, and no show at all : yet do you imagine, that in the exercise of the praetorship, there was no pre-eminence in his allotment over yours ? Sect. XX. His allotment was that of deciding causes, which all of us, your friends, wished to have been yours ; an allotment in which the importance of the charge conciliates glory, and the distribution of justice popularity; an allotment in which a wise praetor, like Murena, avoids offence by the equity of his deci- sions, and cultivates the good-will of the people by the lenity of his behaviour: a noble province, admirably calculated to smooth his way to the consulship, and in which the praise of his equity, probity, and affability, was crowned by the engaging exhibition of public shows. But what was your allotment ? a sad and savage inquiry into corruption : on the one side filled with tears and nastinefs, on the other with chains and evidences. Judges forced to sit on public trials, and detained against their inclination ; a scribe condemned, and the whole order alien- ated: the bounties of Sylla reversed: many brave men, and almost half the city disobliged : damages estimated with rigour : between jus dicere and judicare : the former relates to the praetor, and sig- nifies no more than the allowing an action, and granting judges for deter- mining the controversy ; the other is the proper office of the judges allowed by the praetor, and denotes the actual hearing and deciding of a caufe. (20) Qucestio peculates. ~] The inquifition of criminal matters belonged at first to the kings, and after the abb-rogation of their government, for some time, to the consuls : but being taken from them by the. Valerian law, it was conferred, as occssions happened, upon officers deputed by the people, with the title of qucesitores parricidii. But about the year of the city six hundred and four, the power was made perpetual, and appropriated to the praetors, by virtue of an order of the people at their annual election; the inquisition of such and such crimes being committed to such and such praetors. These crimes were such actions as tended either mediately, or immediately, to the prejudice of the state, and were forbid by the laws: as if any person had derogated from the hononr and majesty of the com- monwealth; had embezzled and put to ill uses the public money, or any treasure consecrated to religion; or had corrupted the people's votes in an election ; or had extorted contributions from the allies ; or received money in any judgment ; or had used any violent compulsion to amember of the commonwealth. These were termed erimiria majestatis , peculates, ambitivnis, repetendarum, and vis publicce. The allotment of iSulpicius was the question relating to public money, which Cicerd calls a disagree- able and hateful office, because the praetor was sometimes necefsitated to pafs very severe judgments, which involved whole families in sorrow and ruin. 2-^6 M. T. CICERONIS ORATIONES. lites severe irstimatae : cui placet, obliviscitur : cui dolet, me-* miriit. Postremo tu in provinciam ire noluisti; non pofsum id in te reprehendere, quod in raeipso et praetor et consul probavi : sed tamen L. Muraenae provincia multas bonas gratias cum op- tima existimatione attulit : habuit proficiscens delectum in Um- bria: dedit ci facultateni respub. liberalitatis; qua usus, multas sio, tnous, qua? municipiis Umbriae conficiuntur, adjunxit; ipse autem in Gallia, ut nostri homines desperatas jam pecunias exi- gerent, setyaitate diligentiaque perfecit. Tu interea Romae scilicet auncis pracsto fuisti, fateor : sed tamen illud cogita, norm ulloru in amicorum studia minui solere in eos, a quibus pro- vincias contemni intelligant. XXI. Et quoniam ostendi, judices, parem dignitatem ad con- sulates petitionem, disparem fortunam provincialium negotio- rum in Muraena, atque in Sulpicio fuifse; dicam jam apertius, in quo meus necefsarius fuerit inferior Servius: et ea dicam, vobis audientibus, amifso jam tempore, quae ipsi soli, re integra, saepe dixi. Petere consulatum nescire te, Servi, persacpe dixi : et in iis rebus ipsis, quas te magno et forti animo, et agere, et dicere videbam, tibi solitus sum dicere, magis te fortem sena- torem mini videri, quam sapientem candidatum. Primum ( 2I ) accuaandi terrores et minae quibus tu quotidie uti solebas, sunt fortis viri ; sed et populi opinionem a spe adipiscendi avertunt, et amicorum studia debilitant ; nescio quo pacto semper hoc fit : neque in uno aut altero animadversum est, sed jam in pluribus: simulatque candidatus accusationem meditari visas est, ut ho- norem desperafse videatur. Quid ergo ? acceptam injuriam persequi non placet? immo vehemeoter placet : sed aliud tem- pus est petendi, aliud prosequendi ; petitorem ego, praesertim consulates, magna spe, magno animo, magnis copiis in forum et in ca'mpum deduci volo ; non placet mihi inquisitio candidati, praenuntia repulsae: non testium potius, quam sufYragatorum comparatio: non minae magis, quam blanditisc : non declamatio potius, quam persalutatip : praesertim cum jam hoc novo more omnes fere domes omnium concursent, et ex vultu candidato- rum conjecturam faciant, quantum quisque animi et facultatis habere videatur. Videsne tu ilium tristem, demifsum ! jacet, (21) Accusavdi terrores et mince 1 Cicero here accuses Sulpicius of want of prudence in his manner of suing for the consulship. For by ctefpairing too hastily of succefs, and threatening his competitors with a prosecution, he cooled the zeal of his friends, who" began to think his cause in a decline ing way. For when a candidate has recourfe to threats, it is a sure sign he has little prospect of succeeding in the way of solicitation ; and the people^ unwilling to throw away their votes, choose rather to attach themselves to a more fortunate competitor.. JCICERO'S ORATIONS. 247 they that are pleased, forget ; they that are hurt, remember. Last of all, you refused to go to your province. I cannot blame you for a conduct which I followed myself, both when praetor and consul : but neither ought I to omit, that Murena gained many friends and much reputation in his province. In his jour- ney thither, he made a levy in Umbria, where tiie republic gave him an opportunity of displaying his liberality ; of which he made so good an use, as to engage in his interest a great many tribes, which are composed out of the corporations of Umbria. When he arrived in person in Gaul, such was his equity and application, that he enabled our collectors to recover a great many desperate debts. You, meanwhile, I am ready to allow, was employed in the service of your friends at Rome : but suffer me to put yon in mind, that there are some friends very apt to cool in their regard towards those by whom they see provinces de- spised. Sect. XXI. And now; my lords, that I have shown Sulpicius and Murena to have been alike in point of dignity as candidates for the consulship, but unlike in the destination of their provin- cial concerns: I shall declare more plainly in what my friend Servius was inferior to the other ; and repeat that in your hear- ing, now the affair is over, which I often told himself in private, while the election was depending. I was frequently then wont to tell you, Servius, that you knew not how to make applica- tion for the consulship : and even in those very points, in which I beheld you act and speak with courage and magnanimity, I yet failed not to intimate, that in my opinion, you made rather a brave senator, than a wise candidate. First, the terrors and threats of an impeachment, of which you was every day so la- vish, sufficiently proclaim the man of spirit : but then they also abate among the people the hopes of a candidate's succefs, and weaken the zeal of his friends. I know not how, yet this is always the case : nor is it found to hold in one or two instances only, but in many, that as soon as a candidate discovers an in- clination to impeach, he is thought to despair of the honour to which he aspires. But how? would you have me lay aside all resentment of injuries ? Far from it : but there js a time for so- liciting, and a time for prosecuting. I would have a candidate, especially for the consulship, to appear in the forum, and in the field of Mars, with great hopes, a great spirit, and a great party. It looks not well when he is prying after matter for an impeach- ment; when he is procuring witnefses, instead of votes ; when he is threatening, instead of flattering ; when he is making declama- tions, instead of paying compliments ; especially as it is now be- come a custom for candidates to go the round of* all the electors, who, from their air and countenance, form a judgment of their hopes and interest. Did you observe how sad and dispirited 248 M. T. CICERONIS 0RATIONES. difhdit, abjecit hastas. Serpit hie rumor : scis tu illam accusa- tionem cogitare ? inquirere in competitores ? testes quaerere } ahum faciatn, quoniam sibi hie ipse desper-at. Ejusrnodi candi- datorum amici intimi debihtantur, studia deponunt, ant testa- tain rem abjiciunt, aut suam operam et gratiam judicio et ac- cusatione reservant. XXII. Accedit eodem, ut etiam ipse candidatus totum ani- mum atque omnem coram, operam diligentiamque suam in pe- titione non poisit ponere.. Adjungitur enim aceusationis cogi- tatio, non parva res, sed nimirum omnium maxima. Magnum est enim te comparare ea, quibus pofsit hominem e civitate, prae,sertim non inopem, neque inrirmum, exturbare: quiet per se, et per suos, et vero etiam per alienos defendatur ; omnes enim ad.pericula propulsanda concurrimus: et qui non aperte inimici siimus, etiam alieniisimis, in capitis periculis, amiciisi- morum oificia et studia preestamus. Quare ego expeitus et pe- tendi, et deiendendi, et accusandi molestiam, sic intellexi ; in petendo studium else acerrimum, in defendendo officium, in ac- cusando.laborem. Itaque sic statuo, fieri- hullo modo poise, ut idem accusationem, et peti tionem consulatus diligenter adornet atque instruat; unum sustinere pauci pofsurrt, utrumque nemo. Tu cum te de curriculo petitionis denexiises, animumque ad accusandum transtuhfses, existimasti te utrique negotio satisfa- cerepofse? vehementer errasti; qui? enim dies fuir,posteaquam in istam accusandi denuntiationem ingrefsus es, quern tu non to- turn in ista ratione consumpseris ? XXIII. Legem ambitus flagitasti, quae tibi non deerat ; eiat enim severifsimc ( 12 ) scripta Calpurnia; gestus est mos et volun- tati et dignitati tua?. Sed tota ilia lex accusationem tuam, si ha- beres nocentem reum , tbrtai'se armaiset: petit ioni vero refragata est ; poena gravior in plebem tua voce eirlagitata est : commoti animi tenuiorum ; exsilium in nostrum ordinem : cone (22) Scripta Calpurnia.'] C. Calpurnius Pifo, who was consul the fame year with iVl. Giabrio, p'afsed a law against bribery and corruption, by \vhich the criminal was excluded from all public honours, and condemned in a certain fine. But this law appearing too mild to Sulpicius, he col another pai'sed during Cicero's consulship, by which it was enacted, thai thofe who sold their votes should be subject to a mulct, and that a candi date convicted of bribery should be banished for ten years. It likewise took away all pretences of absence on account of iilnefs, that the parfj impeached might not thereby have an opportunity of protracting or evad* ing his trial, borne explain 'this last article of the people in general. wh( they say were obliged to attend and give tiieir votes at the flection »ul under pain of a line. 2 249 lie looked ? why be is quite abashed, lie desponds, be gives up the cause. Instantly the rumour creeps round. What! don't you know that he is meditating an impeachment ? that he is prying into the conduct of his competitors ? that he is searching after witneises? I'll give my interest to anothor; for this man evidently despairs of succefs. The nearest friends, of such can- didates are immediately damped : they lose all their zeal ; and either wholly give up a cause which they look upon as despe- rate, or reserve all their influence for the judgment and accusa- tion that is to ensue. Sect. XXII. To this we may add, that -the candidate himself cannot employ his whole spirit, care, attention, and application, towards the promoting his solicitation ; for his mind runs like- wise upon the impeachment, which, far from being a slight af- fair, is perhaps the most important of all others. It is no easy matter to furnish yourself proi>eriy for driving a man of wealth and interest out of the city ; one, who by himself, by his friends, nay, and even by strangers, is amply provided with all the means of defence. For we are all very ready to lend our as- sistance in repelling danger; and where uo declared enmity subsists, find ourselves prompted to perform the highest offices of friendship to the meerest strangers, when threatened with a capital indictment. Accordingly having learnt from experience the solicitude attending the function of a candidate, a defender, and an accuser, I find it to be this: that in a candidate there is required an afsiduous court, in a defender an anxious zeal, and in an aecuser an unremitting industry. I therefore take upon me to afsert, that it is impofsible for the same man to acquit himself with ability and addrefs, as a candidate for the consul- ship, and the manager of an impeachment Few people can support any one of these characters with dignity, but no man both. When you, Servius, quitted the track of a candidate, and turned your thoughts to the businefs of accusing, did you flatter yourself with being equal to both duties ? It was a great mistake if you did: for from the time that you profefsed your- self an accuser, say if so much as a single day palled, that was jaot wholly ingrofsed by the concerns of that office. Sect. XXIII. You urged the public for a law against bribery and corruption for which there seemed to be but little occasion, as the Calpurnian law was already very rigorous and severe. However, a proper regard was shown to your request and dig- nity. But that whole law, which perhaps would have strength- ened your accusation, had the impeached been guilty, was rather prejudicial to your demand of the consulship^ A heavier pe- nalty was extorted against the people. The poorer sort were 250 M. T, CICERONIS ORATIONES. senatus postulationi tuae ; sed non libenter duriorem fortunse communi cohditionem, te auctore, constituit. Morbi excusa- tioni poena addita est : voluntas offensa multorum, quibus aut contra valetudinis commodum laborandum est, aut incommodo morbi etiam caeteri vitae fructus relinquendi ; quid ergo ? haec quis tulit ? is qui auctoritati senatus, voluntati tuae pajuit : de- nique is tulit, cui minime proderant. Quid ? ilia, quae mea gumma voluntate senatus frequens repudiavit, mediocriter adver- sata tibi efse existimas ? (* 3 ) confusionem suffragiorum flagitasti, propagationem legis Maniliae, acquationem gratiac, dignitatis, suffragiorum. Graviter homines honesti, atque in suis civitati- bus et municipiis.gratiosi tulerunt, a tali viro efee pugnatum, ut omnes et dignitatis et gratiae gradus tollerentur. Idem edititios judices efse voluisti, ut odia occulta civium, quae tacitis nunc discordiis continentur, in fortunas optimi cujusque erumperent. Haec omnia tibi accusandi viam muniebant, adipiscendi obsepi- ebant. Atque ex omnibus ilia plaga est injecta petitioni tuae, non tacente me, maxima : de qua ab homine ingeniosifsimo et copisifsimo, Hortensio, multa gravifsime dicta sunt: quo etiam mihi durior locus est dicendi datus : ut cum ante me et ille dix- ifset, et vir summa dignitate et diligentia, et facilitate dicendi, M. Crafsus, ego in extremo non partem aliquam agerem causae, sed de tota re dicerem, quod mihi videretur. Itaqae in iisdcm rebus fere versor, et, quod pofsum, judices, occurro vestras satietati. XXI V f Sed tamen, Servi, quam te securim putas injecifsc pe- titioni tuae, cum tu populum Romanum in enm mctum addux- isti, ut pertimesceret, ne consul Catilina ficret, dam tu aceusa- tionem comparares, deposits! atque abjecta petitione ! Etenim te inquirere vidcbant tristem ipsum : moestos amicos, observati- ones, testincationes, seductiones testiuni, secefeipnem subscrip- torum animadvertebant : quibus rebus ccrte ipse candidatorum vultus obscuriores videri sole.nt : Catilinam interea alacrcm atque laetum, stipatum choro juventutis, vullatum indicibus atque sicariis, mffatum cum spe militum, turn collega; mci, quem.id; modum dicebat 'ipse, promiisis, circumrluenre colonorum Aretj- norum et Fesulanorum exercitu; quam turbam cjibmiillimo (23) Confusionem suffragiorum fagitasti.~] I have already taken notice of, the great advantage which the distribution of the people into centuries gave to men oj property in Rome: an alteration of the manner of voting seems to be what Cicero here speaks of, and that Sulpicius solicited a law, that the votes of all the centuries should be gathered indiscriminately, so that the candidate should not know which century was for, or which against him, It would seem as if there had been a law of one Manlius to this $>o$e ? and that was abrogated, but now restored by Sulpicius. Cicero's "orations. 231 alarmed. Exile was denounced against our order. The se- nate, indeed, yielded to your request: but it was not without a-eluctance, that in consequence of your importunity, they were brought to impose rigorous penalties upon those of a middling fortune. A punishment was annexed to ail excuses *)f illneis. This offended many, who were either obliged to abandon the consideration of their health, or for its sake relin- quish all the other advantages of life. But let me ask you, who proposed these laws? the man who was moved thereto by the authority of the senate, and your entreaties: in short, me man who had no expectation of advantage from them. Do you ima- gine that the proposal of yours, which the senate in a fall house rejected to my entire satisfaction, was not considerably preju- dicial to your cause? You strove to introduce a confusion of votes, a suspension of the Maniliari law, and to level all dis- tinctions of interest, (wwer, and dignity. Many persons of worth, and eminently considerable in their own cities and cor- porations, were much displeased that a man of your character should aim at abolishing all degrees of honour and merit. You was likewise for Impowering the prosecutor to nominate judges ; by which the secret animosities of citizens, which are now con- fined within the bounds of silent dislike, would have broke out against the fortunes of every worthy patriot. AH these regula- tions cleared the way to your impeachment, but obstructed your succefs as a candidate; and gave that mortal blow to your pre- tensions, which I was not wanting to warn you of. But the in- genious and eloquent Hortensius has already spoke fully and so- lidly to this point ; msOmuch that the province afsigned me is the . more difficult, because coming after him, and M. Crafsius,'aman of the greatest dignity, application, and eloquence, I am obliged; as last speaker, not to confine myself to any particular part of the charge, but to give my opinion of the whole matter. Thus am I obliged to run over almost the same heads, and in some measure, my lords, anticipate your judgment. Sect. XXIV. But what a mortal stab, Servius, did you give to your pretensions, when you raised that terror among the . people, of Catiline's being chosen consul, by dropping your solicitation, and busying yourself about the impeachment ! For they beheld you, with a' disconsolate air, collecting inform- ations : they saw the dejected looks of your friends, their pry~ irjjji their affidavits, their closeting witnelses, their caballing with solicitors: all which are apt to throw a gloom over the countenance of a candidate. Meanwhile they observed Cati- iirfc, gay arid cheerful, surrounded with a crowd of youno- men, encompafsed by informers and afsafsins, flushed with his hopes in the soldiery, and, as he pretended, with the promises of my colleague, -while a whole army of rustics from Arctium 252 M. T. CICERONIS ORATIONES. ex genere (*<), distinguebant homines perculsi Syllani temporis calamitate. Vultus erat ipsius plenus furoris, oculi sceleris, sermo arrogantiae, sic ut ei jam exploratus, et domi conditus consulatus videretur. Muraenam contemnebat : Sulpicium ac- cusatorem suum numefabat, non competitorem : ei vim denurw tiabat: rei publico minabatur. XXV. Quibus rebus, qui timor bonis omnibus injectus sit, quantaque desperatio reipublicae, si ilie factus efset, nolite a me commoneri velle : yosmetipsi vobiscum recordamini ; ( 2S ) niemi* nistis enim cum illius nefarii gladiatoris voces percrebuifsent, quas habuifse in c'oncione domestica dieebatur, cum miserorum fidelem defensorem negafset inveniri pofse, nisi eum qui ipse miser efset: integrorum et fortunatorum promifsis saucios et miseros credere non opoitere: quarts qui consumpta replere, erepta recuperare vellent, spectareht quid ipse deberet, quid pafsideret, quid auderet : minime timidum, et valde calamito- sum efse oportere eum, qui efset futurus dux et signifer calamir tosum. Turn igitur, his rebus auditis, meministis fieri senatus- consultum, refercnte me, ne poster o- die comkia haberentur, ut de his rebus in senatu agere pofsemus- Itaque postridie fre T quenti senatu Catilinam excitavi, atqup eum de his rebus jufsi, si quid vellet, quae ad me allatec efsent, dicere. (* 6 ) Atqui ille ? ut semper fuit apertifsimus, r4on se purgavit, sed indicavit, at- que induit. Turn enim dixit, duo corpora efse reip. unmn de- bile, infirmo capite ; alteram firmum, sine capite ; huic, cum ita dese meritum efset, caput, se yivo, non defuturum. Conge- muit senatus frequens, neque tamen satis severe pro rei indigni- tate decrevit. Nam partim idco fortes in decernendo npn erant, (21) Difsimillimo ex genere."] The difsimilitude consisted chiefly in this, that the people of FesuLe and Arctium had been enriched by the spoils of the civil war conferred upon them by Sylla, these being colonies of the dictator'^ own planting Others again had been divested of their estates and* fortunes by Sylta, ?S satisfy their cravings of Irs veterans, to wkprn he had promised qn allotment of ;'lands. These too, in a view of recovering tlie-.pofsefsions they had been so unjustly deprived of, eagerly joined in the party of Catiline. * (25) Meministis enim.'] It is surprising that this quotation, which our very candid disinterested author gives us^ from Catiline's speech, is not to be found in Sailnst. S I will make 'no other remark upon it, than that the language he uses here was very natural to a man in Catiline's circumstan- ces; and, if theseuate and nobles had at that time insolently usurped upon the liberties, and ingrofsecj the properties of their fe}low citizens, very fair and plausible. (2(5) Atqui We, Xc'] VVe learn from Plutarch, that Cicero, on the very day of thecomitia, inforjned thc-senate of what he had heard' relating to Catiline's designs, and challenged the conspirator himself to answer to the charge he brought against him. Upon which Catiiine, believing there were many in the senate who wished well to the'cohsp'uacy, instead of en- deavouring to disguise his treason, openly said: Quid pecco, si dupfum ccr- porum, quorum alter um caput habeat, sed a-grrtm et pertivax; alterum sins >capite, sedmlidum et prcepctens ; huic me caput adjicio ? By the nrst body 4 cicero's orations. 253 and FeSulac were swarming round him : a motley crowd, and rendered the more conspicuous by the contrast of those who had Suffered by the proscriptions of Sylla. Thecountenance of Catiline himself was full of fury, his eyes of guilt, and his speech of arrogance , insomuch that he seemed already secure, nay, in actual pofsefsion of the consulship. He despised Mu- rena : he regarded Sulpicius, not as his competitor, but his ac- cuser ; he denounced vengeance against him, and threatened his country with ruin. Sect. XXV. Do not expect that I should put you in mind of the dread which this occasioned among all good men, and how desperate the condition of the republic would have been, had he succeeded in his demand of the consulship. Your own memory will help you to. this reflection. For doubtlefs you have not forgot the words which that infamous gladiator was universally known to have used in a meeting at his own house, when he affirmed, that the Avretched could no where hope to find a faithful and able defender, but in one wretched like them- selves : that citizens opprefsed with calamities and distrefses, ought never to trust to the promises of the prosperous and happy : that therefore such as were willing to repair their ex- hausted fortunes, and recover what had been taken from them, need only to consider how much he was involved, how little he pofsefsed, and what he dared to do : that the man who aimed at being a leader and protector of the unfortunate, ought indeed to be very miserable, but quite void of fear. When the report of this speech became public, you may remember, that upon my proposing the affair to the consideration of the senate, they thought proper to defer the afsembly for the election of con- suls, that they might have time to deliberate on an affair of so great importance. Accordingly the next day, in a full house^ I called upon Catiline, and commanded him to clear himself, if he could, as to those facts of which I had been informed. But he, who was always very open in those matters, without at r tetnpting to palliate his behaviour, rather owned and justified the charge. He told us, that there were two bodies in the re- public ; the one of them infirm, with a weak head; the other firm, without a head; which last had so well deserved of him, that it should never want a head while he lived. The whole body of the senate was heard to groan ; yet were their decrees no ways answerable in severity to the indignity of the insult : for many acted remifsly because they thought there was no danger, and others were held in awe by their fears. He then broke out of the senate with a triumphant joy, though he •■ •■ ' — — — ■ — . ' ■ ,' ■■ j '■ ■' '- ■■* '■ ' '""■">.■ • ■ he meant the senate, of which Cicero, as consul, was the head. By the second, the people, of which Jje .jiow declared himself ready to become th* head; R3 254 ST* T. CICERONlS ORATIQNfiS, quia nihil timcbant, partim- quia timebant. Turn erupit e se* natu triumphans gaudio, queu* oronino vivum illinc exire non oportuerat : pnesertim cam idem ill a in eodera ordine pauei* diebus aMc, Catoui, fortiisimo viro, judicium min.iranti, ac de- nuntianti respondifset, si quod eiset in suas fortunas incendiuia exeitatuni, id sc non aqua sed ruin-a restincturum. XXVL Ilis turn. rel>u£ cemmotos, et quod homines jam. turn eonjuratos cum gladiis in campum deduci a Catilina sciebam, (>') descend! in camp um cum hrmifsimoprasidio fovtifsimorum tfirorum, et cum ilia lata insignique loriea y non quae me tegeret (eteuini sciebam CatilitKiin non latus, ant vent vein, sed caput et coiluin, solere petere) veruni ut omnes boni ammadverterent, et cum in metu et periculo consulem viderent, kl quod, est fac- tum, ad opem pncsidi unique meum concurrerent, Itaque cum te, Servi, remif^iorem in petendo putarent, Catilinam et spe, et cupiditate inilammatum viderent, omnes qui illam ab repub. pestein depellere cupiebant, ad ]\lura:namse statim contulerunt. Magna est autem comiths- eonsularibus repentina vplun.tatum. inclinatio ;; pnrsertim cum incur^biiit ad vimm bonum, et.mul- tis- aliis adjumentis petitionis ornatum. Qui cum hon^tifsimo- patre atqne majoribtts, modestiisima adolescentia T cla.riisiuui le- gatione, prytitura pre bat a in jure, grata, in niunere, oniata in provineifi, petlfset diligenter, et ita petifsct, ut neque minantt. cederet, neque cuiquam minaretur; huic mirandum e*t y magna adjuniento Catilinac subitum spem consulates adipiscendi fuiise r Nunc inihi tertius ille locus est orationis de ambitus criminibus, perpurgatus ab Lis qui ante me dixerunt, a me, qupniam ita M»rajna voluit, retractandus. Quo in loco, Posthumio i'amiliari meo, ornatiisimo .viro, de divi forum indiciis, et de deprehensis pecuniis : adolescenti ingenioso et bono, Ser. Sulpido, de ( iH ) equitum centuriis : M.-Catoni,, homini in omni virtute ex- ' cellenti, de ipsius aecusatione, de senatuscousulto, de repubr respqndebo. — — i » i . , _ ;. ,(~7) Descendi m ear>ipTsm.~\ As Cicero, from the many daring declaration oi w Catiline^ had reason to suspect some violence was intended to his per- SoTfi, hethought fit to appear, in the field of Mars, attended by a band of young noblemen; and. that he might Imprint a sense of his- own and of the .public danger the more strongly, he. took care to throw back his gown in ilie view ot the .people, and discovered a shining breast-plate which he wore under it ; by which precaution, as he tokf Catiline afterwards to his face, he' prevented his design of killing both him and the competitors, for the Coffts-tdShTp, of" whom D. Junius Silahus aiid'L. "Liciriiws Murcna were de- clared'ccmsuls plect.. <£2ty,iRquiUw~i cew/wriwl] - Sulp1ci-us pretended tliat the centuries of Ro- man knights had been corrupted by Mjirena, whose soji-in-law, NattaU, had, it seenjs, "invited them to an entertainment. Here we are to observe, That Nonius Tullius having divided the whole Roman people ratp claftes, and these clafs'esintoan hundred and ninety-three centuries, ranked Uie knights in Ll\e first clafs, of which they compoied eighteen centuries. dlCEko's ORATIONS. 255 oujajlit never to have been suffered to depart from it alive; espe- cially as he had declared a few days before in the same house, upon thebraVe Cato's threatening him with an impeachment, that if any flame should be excited in his fortunes, he would ex- tinguish it, not with water, but a general ruin. Sect. XXVI. Startled by these declarations, and because I knew that Catiline Was to bring a body of armed conspirators into the field of Mars, I likewise repaired thither with a strong guard of brave citizens, and that broad shining breast-plate, which was not so properly intended for defence (for Catiline, I knew, was not accustomed to aim at the side, or the belly, but at the head and neck) as to rouze the attention of the honest and worthy, that when they saw their consul in fear and danger, they might fly to his protection and afsistance, as accordingly happened. Therefore, Servius, when the public saw you abate? in the keerinefsof your solicitations, while Catiline appeared in=- flamed with eagernefs and hope, all who wished to repel that plague from the republic, immediately declared for Murena. This sudden turn of tlie inclinations of the people at consular elections is very strong, especially when it leans towards a worthy citizen, whose suit is backed with many other powerful recommendations. F cictzoms OKAf IOK£$. creminationem pcrtimescam. In quo ego aceusatofe, judice-s? primutn illud depfecabor, ne quid L. Mursen£ dignitas iliin^^ ne quid exspcctatio tribunatus, ne quid totrus vitae spiendor et gravitas noceat ; denique ne ea soli huic obsint bona M. Catonis, qua? die adeptus est, ut multis prodese pofset. Bis consul fuerat P. Africanus, et duos tei*rores hujus imperii, CartliaginemNiunajtiamque deleverat, cum accusavit L.Cottani. Erat in eo summa eloquentia, summa fides, summa integritas, atictoritas tanta, quanta in ipso imperio populi Roman'i, quod illius opera ten ebatur. Ssepe hoe iriajores natu ilieere aiidivi, banc accusatoris eximiam dignitatem plurimum L* Cottte pro- faifee. Noluerunt sapientiisimi homines, qiii turn rem illam judicabant, ita qnemquam cadere in judicio, ut nimiis adver- sarii vinous abjectus videretur. Quid ? ( J0 ) Servium Gaibam (rkcm traditum memoriae est) n on tie proavo tub-, fortifsimo atque florentifsimo viro, M. Catoni, incumbenti ad ejus perniciem po- ptdus Romanus eripuit ? Semper in hac civitate nimis magnis aecusatorum opibus et populus uni versus, et sapientes ac mul- tum in posterum prospieientes judices restiterunt. Nolo accu- sator in judicium potentiam afferat, non vim majorem aliquam, non auetoritatem excelientem, non nimiam gmtiam : valeant hate omnia ad salutem innoeentium, ad opem impotentium, ad auxiliuin cilamitosorum: in periculo vero,etin pernicie civium rdpudientur. Nam si quis hoc forte dicet, Catoncm descensu- rum ad aecusandum non fuife, nisi prins de causa judicafset : iniquam legem, judices, et miseram conditionem instituet peri- cuhs hominnm, si existimabit judicium accusatoris in reum pro aliquo pr^judicio valere opoVtere. XXIX. Ego tunm consilium, Cato, propter singulare animi meideiua virtute judicium, vituperare non audeo: ncrmulla in re forsitan confirmare, et - leviter emendare pofsirn. NON MULT A' PECCAS, inqait i lie fortifsimo viro senior m agister : SED, 81 PECCAS, TE &EGERE POSSUM. At ego \e ve- rifsime di-xerim peccare nihil, neque ulla in re te else hujus- modi, ut corrigendus potius quam leviter inftectendus efsc vi- deare. Finxit enimte ipsa natura ad honestatem, gravitatem, temperantiam, magnitudinem animi, jnstitiam, ad omnes deni- que virtutes, magnum bominem et excelsum ; accelsit his tot doctrma non modcrata mec mitis, sed-; ut'mihi videtur, paulo (30) Servium Gaibam?] >Galba "being accused befofe ah' a^ehlbly of the people, by Libo, a tribune of the commons, for having, while prsetor in JSpain, contrary to the public faith given, treacherously fallen upon the enemy, and put a great number of them to the sword ; offered at no other defence, than by producing his children before the people, and recommend- ing them to the protection and campafsion of the afsembly. This had so powerful an effect towards mitigating the public resentment, tbat he was acquitted of the crime laid to hrs charge. 259- me leave ta intreat, that neither the dignity of the accuser, nor the expectations conceived of his triouneship, nor the merit and lustre of his whole character, may be of any prejudice jto Murena on this occasion: nor let those many gdod qualities of M. Cato, which he poiseises lor the benefit of mankind, prove hurtful' to him alone. Publius African us had been twice con- sul, and demolished Carthage and Numantia, those two great terrors of the Roman empire, when he accused L. Cotto. life was pofsefsed of the most consummate eloquence, the most un- tainted honour, and the most unblemished integrity; and authority was equal to that of the whole empire of the Roman people, .which was supported chiefly by his services. And yet I have often heard people of advanced age declare, that eminent merit of the accuser was of the highest servic L. Gotta. For the judges in that cause, who were men of the most distinguished prudence, thought it dangerous to leave any room to suspect that the criminal had been borne down by superior weight of his adversary. Did not the people of Rome rescue Sergius Galba (for so tradition informs us) from the hands of your great-grandfather, M. Cato, a brave and illustrious citi- zen, who was bent upon his destruction? It appears in the history of this state, that the people in general, and all wiste judges, who had the good of posterity in view, have ever been jealous of the power and interest of an accuser. Llike not to see an impeacher appear in court with an overbearing power, with superior interest, with a prevailing authority, and too ex- tensive a credit. Let all these advantages prevail, for the safety of the innocent, the protection of the helplefs, and the relief of the miserable: but let their influence be repelled from the dan- gers and destruction of citizens. For if any one should say, that Cato would not have taken the pains to accuse, if he had not been afsured of the crime, he establishes a very unjust law to men in distrefs* by making the judgment of an accuser to be considered as a .. prejudice, or previous condemnation of the criminal. . Sect. XXIX. So great is the opinion I have of your virtue, Cato, that I dare: not presume to censure your eonduct: in some instances, perhaps, I might be able- a little to polish and ' amend it. Says the aged monitor to his brave pupil, You are not wrong in many things, ; but if you are, I knozv hew- to set you right. But lean with great truth say of ycu, that you are npver in fault, nor at any time so far deviate from what is right, as to stand in need rather of correction, than a gen tic admoni- tion. For nature herieJf has formed you to honour, wisdom, temperance,, magnanimity, justice; in short, to all the virtues becoming a great and an excellent man. To all these you have added a temper and discipline, not mild and flexible, but, as appears to mey rather rougher and more intractable than either 260 M. T. CICERONIS ORATIONES. asperior et durior, quam aut Veritas aut natura pafeiatur. Et quoniam non est nobis haec oratio habenda, aut cum imperita multitudine, aut in aliquo conventu agrestium, audacius pauib de stud lis human itatis, quae et mini et vobis nota et jucunda sunt, disputabo. In M. Catone, judices, haec bona, quae vide- mus divina et egregia, ipsius scitote efse propria: quae nonnun- quam requirimus, ea sunt omnia non a. natura, sed a. magistro. Fuit enim quidem summo ingenio vir, Zeno, cujus inventorum amuli Stoici nominantur. Hujus sententiae sunt et pracepta ejusmodi: Sapientein gratia nunquam moveri, nunquam cujus- quam delicto agnoscere ; ( 3l ) neminem misericordem efse, nisi stultum et levem ; viri else neque exorari, neque placaji ; solos sapientes efse, si distortifsimi sint, formosos; si mendicifsimi, divites; si servitutem serviant, reges: nos autem, qui sapientes non sumus, fugitives, exsules, hostes, insanos denique efse di- cunt ; omnia peccata efse paria ; omne delictum scelus efse ne- farium; nee minus delinquere eum, qui gallum gallinaceum, cum opus non fuerit, quam eum, qui patrem suffocaverit : sa- pientem nihil opinari, nullius rei poenitere, nulla in re falii, sententiam mutare nunquam. XXX. Haec homo ingeniosifsimus, M. Cato, auctoribus eru- ditifsimis inductus, arripuit; neque disputandi causa, ut magna pars, sed ita vivendi. Petunt aliquid publicani ? cave quid- quam habeat momenti gratia. Supplices aliqui veniunt misen et calamitosi ? sceleratus et nefarius fueris, si quidquam miseri- cordia adductus feceris. Fatetur aliquis se peccafse, et ejus delicti veniam petit ? nefarium est fachms ignoscere. At leve delictum est? omnia peccata sunt paria. Dixisti quippiam ? fixum et statutum est. Non re ductus es, sed opinione ? sapiens nihil opinatur. Errasti aliqua, in re ? maledici putat. Haec ex discipline nobis ilia sunt. ( 3i ) Dixi in senatu, me nomen consularis condidati delaturum : iratus dixisti ; nunquam, (31) Ne?nine?7i misericordem efse nisi stidturn et leiem.~\ Compafsion, according to the definition given of it by the Stoics, was a certain disease of the mind, arising from a contemplation of the misery of others labouring under any misfortune. A man therefore, susceptible of this feeling, was by them considered as weak, unsteady, and of a mean soul, incapable of vigorous designs. Hence Seneca, in his epistle to Lucilius, thus exprefses himself: Stultilia est, cui nihil constat, nihil din placet: that man may de- servedly be termed a fool, who discovers no consistency in his behaviour, nor stead inefs in his attachments. (32) Dixi in senatu me nomen consularis candidati delaturum ] "VY hat Cicero observes here, could not fail of contributing greatly to lci»en the charge against Murena. Cato accuses him, not that in fact lie had done any thing contrary to law, but because he had said in the senate, that he was resolved to impeach some consular candidate. Amy other person not infected with the obstinacy of Stoicism, would have made no scruple to own that he had txprefted himself so in anger, and therefore now chose to drop his design. But such an acknowledgment was b} no means to be expected froift Cato, CICERo's ORATIONS. 261 nature or reason require. And because this speech is not ad- dressed to an illiterate multitude, or an afsembly of rustics, give me leave to enlarge a little with regard to these politer studies which are so well known and grateful both to you and me. Know then, my lords, that those divine and admirable qualities which we discern in Cato, spring truly and properly from him- self: but that sometimes he appears to be blemished with defects, is not the fault of his nature, but of education. For there was a man of a sublime genius, named Zeno, whose disciples and followers are called Stoics. His sentiments and tenets are: that a wise man aught never to be influenced by favour, nor ever to pardon an offence; that it is an argument of weaknefs and folly, to be softened by sentiments of compafsion ; that a truly manly character is equally inaccefsible to entreaties and prayers; that the wise man alone is beautiful, however distorted in appear- ance; that he alone is rich, though surrounded with the most abject poverty; and that in the most despicable state of slaver v, he only is a king: that we again, who are not entitled to the prize of wisdom, are fugitive^ exiles, enemies, and, in short, madmen; that all crimes are equal; that every offence is a mortal sin ; that he who smothers a cock, without necefsity, is no lets guilty than the man who smothers his father: that the wise man never doubts, never repents, is never deceived, and never changes his mind. Sect. XXX. These are the principles which the ingenious M. Cato, induced by the reputation of the inventor and his fol- lowers, has thought proper to adopt; not for show and dispu- tation, as is often the case, but to serve as standing rules of behaviour. Do the farmers of the revenue petition for some abatement ? take care that nothing be done merely from a prin- ciple of favour. Are you addrefsed in suppliant terms by some people overwhelmed with misery and distrefs? you are in the highest degree blameable and guilty, if you give the least ear to the dictates of compafsion. Does a man acknowledge his fault, and humbly sue for pardon ? it were a crime of the deep- est \}yo. to forgive. But is it a slight offence ? all faults are alike. Have you once said a thing ? it is fixed and unalterable. But 3'ou did not decide in the matter, you only gave your opinion ? a wise man has no opinion. Does any one pretend you have been mistaken ? this is construed into the highest affront. 'Tis to these, doctrines that we are indebted for the present prosecu- tion. I said in the senate, that I would impeach one of the consular candidates. But you was in a pafsion when you said who would thereby seem to deviate from the gravity and firmnefs of a wise man. Murena therefore must be impeached, because the Stoics thought anger inconsistent with the character of a wiseman, and Cato claimed that character as belonging to himself. M. T. CIGERONIS OR.ATIONES. inquit, sapiens irascitur. At temporis causa : improbi, inquit, koiuinis est mendacio fallere; mutare sententiam, turpe est; exorari, seelus; misereri, flagitium. Nostri autem illi (fatebor C :lo, me quoqu« in adolescentia diffisum ingenio meo ; adjumenta doctrinal) ; nostri, inquam, illi a Platone et tele, moderati homines, et temperati, aiunt, apud sapiens uere aliquando. gratiam ; viri boni efse misereri ; distincta a else delict orum, et dispares poenas; efse apud hominem .litem ignoscendi locum; ipsum sapientem sa?pe aliquid ;i, quod nesciat; irasci nonnunquam ; exorari eundem, et ;.'.A-,ai; qnod dixent, interdum, si ita rectius sit, mutare; de u-otentia decedere aliquando; omnes virtutes mediocritate qua- i else moderatas. XXXI. Hos ad magistros si qua te fortuna, Cato, cum ist& it detulifset ; noii tu quidem vir melior efses, nee fortior, ■maperantior, nee justior (neque enim efsepotes), sed paular :itatem propensior ; non accusares nullis adductis immici- ti>Sj nulla lacefsitus. inj una, prudentifsimum hominem, summa ue atque hooestate prajditum : putares, cum in ejusdeni ar>r : cu toclia, te atque L. Muramam fortuna posuifset, aliquo t§, cum hoc reipub. vinculo efse conjunctum; quod atrociter in \ dixisti-, aut non dixifses, aut seposuifses, aut mitiorem com interpretarcre. Ac te ipsum, quantum ego opinione ror, nunc et animi quodam impetu concitatum, et vi na- atque ingenii elatnm, et recentibus praeceptorum studiis i: gran te m jam usns rlectet, dies leniet, atas mitigabit. Eter rum isti ipsi niihi videntur vestri praceeptores et virtutis magis- In ( u ) fines otriciorimi paulolongius- quam natura vel'let, protiw liise; ut, cum ad ultinium animo contendifsemus, ibi tamen, ubd oportet, consisteremus. Nihil ignoveris: immo aliquid, noft omnia. Nihil gratia* causa feceris: immo~resistitio gratia^, coin ofrieium et tides postulabunt. Misericordia commotus ne , (33) Fares' oJJicioruniJ] By tliis we are to" understand the extreme and ul- timate point, as it were of duty ; what the Greeks denoted by the word tsMb*, The metaphor is taken horn the boundaries of lands, which serve to divide and mark- their proper limits. Cicero here insinuates, that the Stoics had extended the bounds of virtue beyond what the nature of things would allow, placing the ultimate perfection of ^oodnefs in a certain rigour and inflexible" severity, that exceeded the reach and' condition of human nature. Quando e/ii?n, says Gamerarius, ad iltud rectum, quod ipsi xdEtiaficapto. pencnictur, aid qua- hujus crit us ur patio in convictuet consuctu- diiit ' homi)ium? Fuifsz igitur hoc concilium illorwn Cicero putat, non quod perveniri ad t ant am perjeciionem pofse crederent, fed ut annitentes precede- rent lons:ius. • 2 CI.C£RQ r S ORATIONS. 2Gg but a rogue will deceive by is shameful; to yield to prayers and entreaties, a crime; and to be eotnpafsionate, a scandalous weaknefs. But the masters that ' followed (tor I will own to you, Cfctp, that in my youth, distrusting my own capacity, I too sought afsi stance from learnmo), the masters, I say," that I followed, who had formed themselves upon the principles of Plato and Aristotle, and pro- fefsed a more moderate and reasonable philosophy, tell me, that a wise man is sometimes swayed by affection ; that com- panion is essential to the character of a good man ; that faults differ in kind and degree, and ought therefore to differ also in respect to punishment; that steadinefs is not inconsistent with a disposition to forgive; that the sage frequently contents him- self with opinions, where he finds it impossible to arrive at ab- solute certainty; that he is sometimes liable to anger; that he may be softened and appeased ; that he scruples not to depart froin what he has said, where reason prompts him so to do; that he sometimes changes his mind ; and that all virtue coitslsti in a certain mediocrity. Sect. XXXI. Had it been your fortune, Cato, with that dis- position you inherit from nature, to have studied under masters like these, you would not, indeed, have been a better, a bolder, a more temperate; or a juster man, for that were impofsible: but you would have been a little more inclinable to gentlenefs. You would not, without either injury or provocation, have ac- cused the most modest man upon earth, and one eminent for his merit and dignity : you would have thought, as fortune had destined you both to magistracies the same year, that there w:as a sort of political relation subsisting between you: and as to the invectives you threw out against him in the senate, you either would have suppressed them altogether, or put them oil" till another time, or at least considerably softened their asperity. But, as far as I am able to judge, experience will bend, age mitigate, and length of time qualify that impetuosity . of spirit, that predominant force of, nature and genius, which at present, through the recent imprefsions of philosophy, hurry you on to a kind of savage and stubborn virtue. For in my opinion, your teachers and profefsors of wisdom have stretched the bounds of moral duty rather beyond what nature requires. Our desires, indeed, should prompt us to aim at the highest perfection; yet still prudence must determine where it will be proper to stop. You are for pardoning nothing. Many things, it must be owned, are without the reach of pardon, yet some at least have a reasonable claim. You utterly disclaim the in-- jluence of favour or affection. By all means stifle these cmo- 264 ' M. T. CICERONIS ORATIONES. sis: etiam, in difsolvenda severitate; sed tamen est Jaus aliqua humanitatis. In sententia permaneto : vero, nisi sententia alia vicent melior. Hujuscemodi Scipio ilte fuit, quern non poeni- tcbat facere idem, quod tu: habere eruditiGimum hominem, et pene divinura domi: cujus oratione et pracceptis, quanquam erant eadem ista quos te delectant, tamen asperior non est fac- tum, sed, ut aceepi a sensibus, lenisimus. Quis vero C. La;lio comior? quisjucundior,eodem ex studio isto? quis illo gravior? sapientior? (H) Pofsum de L. Pinllipo, de C. Gallo dicere hac eadem: sed te domum jam deducam tuam. Quemquamne ex- lstimas Catonc proavo tuo commodiorem, comiorem, modem- tiorem furfse ad omnem rationem humanitatis f de cujus prse&> tanti virtute cuin vere graviterque diceres, domesticum te ha- bere dixisti exemplum ad imitandum. Est illud quidem exem- plum tibi proposituna domi: sed tamen naturae similitudo illius ad te magis, qui ab illp ortus es, quam ad unumquemquc nos- trum pervemre potuit : ad imitandum vero tarp mihi propositum exemplar illud est, quam tibi. Sed si "illius comitatcm ct tacili- tatem tuac gravitati .^evuritatiquc adsperseris, non ista quidem erunt melior qua- nunc sunt optima, sed certe condita jucun- dius. XXXII. Quarc, ut ad id quod institui revertar, tolle mihi u causa nomen Catonis: remove, ac pratennitte auctoritatem, qua) in judiciis aut nihil valere, aut ad salutem debet congredere mecum criminiluis ipsis. Quid accu juij afters in judicium r quid argm>r Ambitum accusas ? non de- fendo. Me reprehcudis, (mod idem defendam, quod lege puni- verim ? punivi ambitum, non innocentiam : ambittun vero ipsinn veJ tecum aeousabo, si voles. Dixisti senatusconsultum, me referent®, else factum. Si merccde corrupt^ obviate datis li'sent, si conducti sectaremur, si i^l.idiatoribus vulgo lo- cus tributim, et item pr.mdia si vulgo etWnt data ; eont: Oalpurniam lactum vidcri. .Ergo ita senatus jiui; r.i legem facta hac videri, si facta suit: decenut, quod nihil opus est, dum candidatis moreni gerit. Non factum sit, neene, vehe- (34) Pofsum de L.Phillippo ] As Manu 4 ius strongly contends that somi error must have crept in here, 1 shall transcribe his whole note upon parage, for the satisfaction of the curious reader: * Locus unus ex iis, qui- ' bus, contra veteres libros, conjecturam libenter sequor. Quit enim ' toria? peiitus, de L. Philo, non probabit ri .:n de L. Philippe ; ' Piiilus docirina, et sapientia clams: itaque conjungiturj item ut hie,', 4 Scipione, l/.elio, Catone, in oratione pro Arch:.; mero, quart pat res nostri ciderimt, divmum komimtm . C.Lalium, L.FuriuDi, modestijsimos homim nentifiimot Jortifsimum xirum, et ittis etifsimum M. Caioncm »'//.. ' :mc et aliis in lot is. At de ll Philippo. tanquam sapiente, et docto i ' loquitur historian' 1 cannot, however, but observe here, in opposition to above remark of Mamit his, that Cicero, in his Brutus, speaks • Lippus N as a man perfectly skilled in the Greek teaming. 265 tions, where honour and duty require you so to do. You think it criminal to yield to the dictates of compafsion : it is so in cases that require severity; but on many occasions humanity is praise- worthy . Persevere in your resolutions. True ; unlefs some better resolution offers upon a clearer view of things. Such were the sentiments of the great Scipio ; who, like you, was not ashamed torkeep at his house a man of profound learn- ing, and almost approaching to divinity : whose precepts and conversation, though the same with tiiose which you so much admire, were yet so far from rendering him untractable, that, as I have learnt from some of his contemporaries, he was the gentlest of aril' men." Who was more affable, who more agree- able than C. Lselius, though a follower of the same philosophy; At the same time, who was there, that equalled him in weight and wisdom ? I might say the -same of L. Philippus, and C, Gal- Jus ; but let me now lead you into your own family. Do you believe that your great-grandfather, Cato, fell short of any man in affability, politenefs, complaisance, and the most extensive humanity: accordingly, when you spoke so fully and feelingly of his eminent virtues, you told us that you had a domestic mo- del for your imitation. He is indeed an unexceptionable mo- del ; but the similarity of genius may be more conspicuous in you j who are so nearly allied to him by descent ; yet still is he no lefs an example for my imitation than yours. But were you to temper your austerity and gravity, with his affability and po- litenefs; it would not indeed add to the excellency of your vir- tue, which is already perfect ; but it would at least, by a proper seasoning, render it more agreeable. Sect. XXXII. To return then to the point in question, away with the name of Cato from this cause ; think no more of an authority which in a court of justice ought to avail nothing, or at least only to save. Join ifsuc with me upon the crimes them- selves. What is your accusation, Cato? what do you charge him with before the judges? upon what does the indictment turn ? Do you impeach him of corruption ? it is a crime that admits of no defence. You blame me for defending a cause which falls under the censure of my own law. That law was made against corruption, not against innocence ; nor is corrup- tion lefs criminal in my eyes, than in yours. You tell me, that a decree pafsed in the senate at my instance, declaring it an in- fringement of the Calpumian law, for candidates to procure at- tendants and followers by distributing money, by exhibiting shows of gladiators, or entertaining the populace with dinners. The senate then judges these things, if done, to be contrary to law : but where a candidate yields exact obedience, then no- thing is decreed against him. The great question therefore is, S 266 M. T, CICERONIS ORATIONES. menter quaeritur ; si factum sit, quin contra legem sit, dubitapa nemo potest. Est igitur ridictilum, quod est 'dubium, id relin- quere incertum ; quod nerajni dubium potest else, id judicare. Atque id decernitur ; omnibus postulantibus candidatis : tit ex S. C. neque cujus intersitj neque contra quern sit, inteiiigi pofsit. Quare doce, a L. Mursena ilia efse commifsa : turn egomet tibi contra legem commifsa efse. concectam. XXXIII. ( 35 ) Multi obviam prodierjikl rcvincia dece- denti, consnlatum petenti; solet fieri ; eccui au.tem no proditur revertenti ? quae fait ista multitude ? Primum, si tibi istam ra- tionem non pofsum reddere, quid habet admirationis, tali viro advenienti, candidate consnlari, obviam proline multos? quod nisi efset factum, magis mirandum yideretur. Quid si etiam illud addam, quod a consuetudine. non abborret, rogatos else multos ; num aut cfimmosum sit aut mirandum, qua in civitate rogati infimorum hominum filios prope de nocte ex ultima ssepe nrbe deductum venire soleamus, in ea non efse gravatos homi- nes prodire bora teytia in campum Martium, praesertim talis viri nomine rogatos ? Quid, si omnes societates venerunt, qua- rum ex nurnero multi hie sedent judiccs ? quid, si multi homi- nes nostro ordinis honestifsimi ? quid, si ilia ofheiosifsima, quae neminem patitur non honeste in urbem introire, tota natio can- didatorum ? si denique ipse accusator noster Postbumius obviam cum bene magna caterva sua venit ; quid habet ista multitude* admirationis ? omitto clientes, vicinos, tribules, exercftum totum Luculli, qui ad triumpbum per eos dies venerat ; hoc dico, fre- quentiam in isto officio gratuitam, non modo dignitati ullius un- quam, sed ne voluntati quidem deiuifse. At sectabantnr, multi. jppce, mercede ; concedam efse crimen : hoc quidem remote, quid reprehendis ? XXXIV. Quid opus est, inquit, sectatoribus ? a me tu id quxris, quid opus sit eo, quo semper usi sumus ? Homines te- nues unum habent in nostrum ordinem aut promerendi aut pro- fercruii beneiicti locum, banc in nostris petitionibus opcram, atque affectationem ; neque enim fieri potest, neque postulan- (35) Mulli obviam prodierunt rogatos efse miiUosVl Cicero here pro- duces. the arguments offered by Cato, to prove that Miirena had acted contrary to the laws. First, a' great number of people bad gone to meet Murena on his return tooRome. . But Cicero observes, that there could be no reason to suppose from thence they were corrupted* since the thh customary, and a piece of respect always paid to governors of pro. who had 'distinguished themselves by their merit, and the integrity of their administration. A second argument was, that he had solicited a number of friends and followers to attend him to the held of Mars, on the day of ehction. Cicero replies, that this too was a common practice, even in the case of persons of the meanest rank; and therefore could not, with any shadow of reason, be denied to a man of the first authority in the com- mon w< ■: 267 whether the fact was committed ? for, that once proved, there can be no doubt as to the infringement of the law. Now it is ridiculous to leave that which is doubtful without a thorough examination, and" to try a point that can admit of no doubt. For it was at the desire of all the candidates that this decree pafsed, that it might never be known against whom, or in whose favours, the law was intended. Prove then that L. Murena was guilty of these overt acts, and I shall, without hesitation, allow that they are exprefsly contrary to law. Sect. XXXJII. A great many people, you say, went out to meet him, when he returned from his province, to stand for the consulship. This is no more than common : what man, on his return home, is not met by a multitude of his friends? But who were those numbers ? First, supposing I was unable to satisfy you in this point, yet what reason is there to wonder, that "a great many went to meet a citizen so illustrious for -his merit, and a consular candidate ? had it been otherwise, the wonder would have been much greater. What if I should even say, since the custom is V/y nx> means unusual, that a great many were in- cited ; is it either criminal, or a matter of surprise, that in a state where we scruple not upon invitation to attend the sons of the meanest citizen, even before day, and from the most remote parts of the city; men should think it no trouble to appear in the field of Mars by nine o'clock, especially when invited in the name of so illustrious a citizen? What if all the several companies haciconie, from amongst whom many now sit here as judges ? what if many of the most distinguished men of our order ? what if the whole ohicious race of candidates, who never suffer a man to enter the city without paying him some mark of respect? if, in short, our accuser himself, Posthumius, had come to meet him at the head of a great retinue ? what is there wonderful in all this multitude of attendants ? I say nothing of his clients,' his neighbours, those of the same tribe^ nor of* the army of Lucullus, which was then come to Home to attend the triumph of their general. I will venture to affirm, that this gra- tuitous concourse of friends upon such an occasion, was never wanting to support the dignity, nay, even to answer the desire of whoever required it. But he had a vast train of followers : show them to have been hired, and I'll allow it criminal ; but if that does not appear, hew can you deem him guilty ? Sect. XXXIV.. But what occasion, says pur adversary, for all that train of followers? Do you ask me what occasion there is for a practice Avhich has been so long in general use ? Men £>f low condition have only this* method of meriting or requiting R v. 268 M. T. CICERONIS ORATIONES. dum est a nobis, aut ab equitibus Romanis, tit suos necefsarios candidates sectentur totos dies; a quibus si doums nostra cele- bratuv, si interdura ad forum deducimur, si uno basilicas spatio honestamur, diligenter observari videnmr et coli. Tenuiorum et non occupatorum amicorum est ista afsiduitas, quorum copia bonis et beneficiis deelse non solet. Noli igitur eripere bunc interior i generi hominum fructum officii, Cato : sine eos, qui omnia a nobis speraot, habere ipsos quoque aliquid, quod nobis tribuere pofsint ; si nihil erit praeter ipsorum suiiragium, tenue est; ( 36 ) si, ut suffragantur, nihil valent grati; ipsi denique, ut solent loqui, non diccre pro nobis, non spondere, non vocare domum suam pofsunt : atque haec a nobis petunt omnia : neque nlla re alia, quae a nobis consequuntur, nisi opera sua, compen- sari putant pofse. Itaque ( 37 ) et legi Fabiae, qua) est de numero sectatorum, et S. C. quod est L. Caesare consuie factum, restite- runt; nulla est enim pcena, quae pofsit observantiam tenuiorum ab hoc vetere instituto ofneiorum exciudere. At spectacula (36) Si, ut suffragantur, nihil valent gratia.'] As this seems to be a very obscure pafsage, and has occasioned no small trouble to commentators, I shall, for the reader's information, transcribe the remark of Ferratius upon it. ' Manutius, says he, hoc totum abundare arbitratur, et nihil omnino ' requiri post illud : si ?iihil erit prater ipsorum suffragium, tenue est. Ego ' et necefsarium alterum illud .membrum efse judico ad absolvendam sen- * tentiam, et duobus modis exponi pofse contendo. Nam suffragari nihil ' aliud est, et significat, quam suum dare suffragium, ne ab ipsius verbi no- * tione recedatur. Jam constat, hanc superioris membri efse approbatio- ' nem : si nihil erit prceter ips&rum approbationein, tenue est; nimirum, si * in referenda gratia nobilibus viris, pro tot ac tantis ibi collatis beneticiis, * nihil tenuiqres habeant prseter surlragium, tenuis admodum est compen- * satio. Qua de causa? si, ut suffragantur, nulla valent gratia ; quoniam, ' prout suffragantur, et in ferendis suffrages, nulla tenuiorum gratia est. * Hac eadem oratione, cap. 23. ubi agitur de postulatis Sulpicii a senatu ' repudiatis : Confusionem suffragiorum jlagitasti , prorogationem legis Ma- * 7iilia:, cequatiovem gratis, dignitatis siffragioruin. Lex Manilia, jam * yel abrogata, vel repudiata, jubebat, coniusis omnium centuriarum suf-^ ( fragiis, eos efse conmles (idemque puta de cxteris magistratibus) qui * plura tulifsent. Eadem lex ut restitueretur, -Sulplcius petebat, cui si ' senatus afsensus fuifset ; primo nullius' centurise beneficium apparmi'pet, * hinc toliebatur gratia: dein.de onuses sjmul omnium claisium centurias * suffragium tulifsent; hinc dignitatem, et jus suorum suiTragiortim, primal * et secundse clafris centurias amittebant, a quibus plerumque absolvebai> * tur comitia. Habet igitur, duas taftturn clafses, ut \ lurimum, gratia va- * luifse in ferendis suffragiis, hoc est in smTraganck), quod fere ab iis absol- ' verentur comitia centuriata, de quibus loquimur, ;uitequam reMquaD clafsess f introvocarentur ; proindeque tenia, quarta in quinta, in suti'ragando, ' nulla gratia valebant. Hi erant tenuiores, de quibus ut pateat vere efse < dictum: Si nihil erif 'prceter ipsorum' 'suffragium tenue est ; additnr f ratio: Si (pro quoniam) ut suffragantur (| >£o( :ul uffcag m erunt) fiulla ( valent gratia. y Thus Ferratius; and yet, perhaps, the meaning may be no more than this, that a single vote is all they have to h. ich at best is but a small affair, as they have no weight, interest, nor authority, beyond their personal suffrage. (37) Et legi Fabuv, et senatitsconsullo.^ The Fabian law against coi up- lion, limited the number of followers that were to attend a candidate into ^je field of Mars. But the people strenuously opposed this law, and could CICERO S ORATIONS. 269 the services of us senators, by their afsiduity and attendance while we stand candidates for public offices. For it is neither pofsible, nor indeed to be required of us and the Roman knights, that we should attend our friend for whole days together in their demand of public honours. If they frequent our houses, if they sometimes conduct us to the forum, if they give us their company a piazza's length, we seem to be sufficiently honoured and respected. The afsiduity of constant attendance is never expected but from men of ordinary rank, and free from the in- cumbrance of busmefs ; and of these, the good and generous are never without a sufficient number. Do not therefore, Cato, de- prive the lower order of mankind of this fruit of their good offices. Suffer them who hope every thing from us, to have it likewife in their power to pay us somewhat in return. Had we nothing to expect from them but their votes, it would avail us little, because they have no great weight in elections. In short, as they themselves are wont to say, they cannot plead for us, they cannot bail us, they cannot invite us to their houses; these are services they expect from us : nor have they any prospect of requiting the good offices we do them, but by the zeal and afsi- duity of their attendance. Accordingly they opposed both the Fabian law, which limited the number or attendants, and the de- cree of the senate, which was made in the consulship of L. Caesar : for no penalty has yet been found sufficient to restrain peo- ple of meaner rank from this old method of expressing their be deterred by no penalties from exprefsing this mark of their regard for the great, founded in ancient custom. As to the decree of the senate here mentioned, it is to be referred to the year when Cicero declared himself a candidate for the consulship. He had no lefs than six competitors, P. Sul- picius Galba, L. Sergius Catiline, C. Antonius, L. Cafsius Longinus, Q. Cornifjcius, C. Licinius sacerdos. The two first were patricians, the two next plebeians, yet noble ; the two last, the sons of fathers who had. first imported the public honours into their families; Cicero was the only new man among them, or one born of equestrian rank. In this competi- tion, which happened during the consulship of L. Caesar and C. Figulus, the practice of bribing was carried on so openly and shamefully by An- tonius and Catiline, ,that the senate thought it necefsary to give some check to it by a new and more vigorous law; but when they were proceed- ing to publish it, L. Mucins Orestinus, one of the tribunes, put his nega- tive upon them. This tribune had been Cicero's client, and defended by him in an impeachment of plunder and robbery; but having now sold himself to his enemies, made it the subject of all his harangues to ridicule his. birth and character, as unworthy of the consulship. In the debate therefore, which arose in the senate upon the merit of his negative, Cicero provoked to find so desperate a confederacy against him, rose up, and after some raillery and expostulation with Mucius, made a most severe in- vective on the flagitious lives and practices of his two competitors, in a speech usually called in toga Candida, because it was delivered in a white gown, the proper habit of all candidates, and from which the name itself were derived. In this speech he counsels the senate to limit the number of attendants upon a candidate; but the tribune still persisting in his ne- gative, the proposal came to nothing; so that there was no law now in force which Murena could be said to have infringed. s 3 2T0 ; M. T. CICERONIS ORATIONES. sunt tributim data, et ad prandium vulgo vocati. Etsi hoc fac- tum a Muraena omnirto, judices, non est: ab ejus amicis autein more et modo factum est : tamen admonitus re ipsa, recorder quantum hae quaestiones in senatu habitae punctorum nobis, Servi, detraxerint. Quod enim tempus fuit aut nostra, aut pa- trum nostrorum memoria, quo haec, sive ambitio e>t, sive libe- ral! tas, non fuerif, ut locus et in circo, et in foro daretur amicus et tribulibus ? haec homines tenuiores primum, ne dum qui ea suis tribulibus veteri- instituto- afsequebuntur. XXXV. Prsefectum fabrftm semel locum tribulibus suis de- difse:' quid statuent in viros primarios, qui in circo totas taber- nas, tribtilium Causa, compararunt? ha:c omnia sectatorum, spectaculorum, prandiorum item crinliria a. multitudine in tuam nimiam diligentiam, Servi, conjecta sunt; in quibus tamen Muraena ab senatus auctoritate defenditur. Quid enim? Sena- tus num. obviam prodire crimen putat ? non ; sed mercede : convince: num sectari- multos r non, sed conductos: doce con- ductos : num locum ad spectandum dare, aut ad prandium in- vitare ? minime ; sed vulgo, pafsim, Quid est vulgo ? universos : non igitur, si L. Natta sununo loco adolescens, qui, et quo animo- jam sit, et qualis vir futCirus sit, videmus, in equitum centuriis voluit efse, et ad hoc officiiim necefsitudinis, et ad re- liquuam tempus gratiosus, id erit ejus vitrico fraudi, aut cri- mini: nee si virgO vestalis hujus propinquaet neceisaria, locum tbiium gladiatorum concefsit huic, non et ilia pie fecit, et hie a culpa est remotus: omnia haec sunt ofHcia necefsariorum, com- moda tenuiorum, munia candidatorum. At enim agit mecum austere et stoice Cato ; negat verum efse, allici benevolentiam cibo; negat judicium hominum in magistratibus mandandis corrumpi vokrptatibus oportere. Ergo, ad coenam petitionis causa si quis vocat, condemnetur ;_ quippe, inquit, tu mini sum- mum imperium, summam auctoritatem, tu gubernacula reipub. petas fovendis hominum sensibus et deliniendis animis, et adhi- bendis voluptatibus? utrum lCnocinium, inquit, a. grege deli- catae juventutis, an orbis terrarum imperium a populo Romano petebas? Horribilis oratio ! sed earn usus, vita, mores, civitas ClCERo's ORATIONS. 271 attachment to the great. But public shows were exhibited to the tribes, and dinners were given to the populace. Though this, my lords, was not done by Murena himself, but by his friends, in moderation, and according to custom ; yet now that the thing is suggested to my remembrance, I cannot help de- siring you to reflect, Servius, how many votes are lost, by bringing these inquiries before the senate, for where was the time, either in our own memory, or that of our fathers, when this spirit, whether of ambition or liberality, did not allot a place in the circus and, the forum to our friends, and those of our own tribe? This custom began amongst the lower order of people, and by degrees spread. . „ . . » "Sect. XXXV. It is known that the master of the artizans once allotted a place to those of his own tribe : what shall we determine then with respect to men of quality, who hire whole booths in the critcus for the same purpose? All these accusa- tions, Servius-, regarding retinue, shows, and even entertain- ments, are attributed by the multitude to your over-scrupulous exactnefs; when Murena is even justified in these points by the authority of the senate. For-, tell me; does the senate think it criminal for a person to be met upon his return home ? No ; unleis he hires people for that purpose. Prove this then upon my client. Does it forbid a multitude of attendants? only when they are bribed. Make this appear. Are seats at the public shows, or invitations to dinner prohibited? never but when they are given promiscuously. But how promiscuously ? why, to all without exception. If L. Natta, a youth of distin- guished birth and courage, of whom we justly conceive the highest hopes, inrolled himself in the centuries of knights, to •conciliate their favour, and secure their interest for the time to come, ought that to be imputed to his step-father, as a crime Or fraudulent step? or if a vestal virgin, his relation and friend, resigned to him her seat at a show of gladiators, was it not a proof of affection in her, and a favour he might expect with- out danger of censure ? All these are no more than the duties of friends, the perquisites of inferiors, and the privileges of candidates. But Cato argues with austerity, and in the charac- ter of a Stoic. He says it is unjust to conciliate favour by giving entertainments to the people ; that, in conferring offices, the votes ought not to be influenced oy the allurements oi pie .jure ; and that if a candidate invites another to supper with this view, his conduct is justly liable to censure. What, says he, do you, solicit the chief command, the highest authority, and the admi- nistration of the commonwealth, by pampering the senses, soothing the inclinations, and administring to the pleasures of mankind ? Do you aspire to be master of the revels to a ti;oop of delicate youths, or to obtain the command of the world from the Roman people ? An alarming speech ? but refuted 34 272 T. M5 CICERONIS ORATIONES, ipsa respuit. Neque tamen Lacedaemonii auctores istius vitac y atque orationis, qui quotidianis epulis in robore accumbunt: neque vero Cretes, quorum nemo gustavit unquam Cubans, me- lius quam Romani homines, qui tempora voluptatis laborisque dispertiunt, respubiicas suas retinuerunt: quorum alteri uno ad- ventu nostri exercitus deleti sunt, alteri nostri imperii praesidio disciplinani suam,legesque conservant XXXVI. Guare noli, Cato, majorum instituta, quae res ipsa publka, quae diuturnitas imperii comprobat, nimium severa ora- tione reprehendere. ( 3S ) Fuit eodem ex studio vir eruditus apud patres nostros, et honestus homo et nobilis, Q. Tubero: is, cum epulutn Q. Maximus, Africani patrui sui nomine, populo Rom. daret, rogatus est a Maximo, ut triclinium sterneret, cum 'efset Tubero ejusdem Africani sorois films : atque ille, homo eruditifsimus, ac Stoicus, stravit pelliculis* hoedinis lectulos Puni- canos, et exposuit vasa Samia : quasi vero efset Diogenes Cyni- cus mortuus, et non divini hominis Africani mors holiestaretur : quern cum supremo ejus, die Maximus laudaret gratias egit diis immortalibus, quod ille vir in hac republica potifsimum natus efse: necefse enim fuifse, ibi efse terrarum imperium, ubi ille efset. Hujus in morte celebranda graviter tulit populus Rom, hanc peruersam sapientiamTuberonis; itaque homo integerrimus,. civis optimus, cum efset L. Paulli nepos, P. Africani, ut dixi, sororis films, his hcedinis pelliculis praetura dejectus est. Odit populus Rom. privatam luxuriam, publicam magniricentiam dili- git; non amat profusas epulas; sordes et inhumanitatem multo minus. Distmguit rationem oiBciorum ac temporum, vicifsitu- dineni laboris ac voluptatis. Nam quod ais, nulla re allici homi- num nientes- bportere ad ma^istratum mandandum, nisi disrdi- tate: hoc tu ipse, in quo summa est digmtas, non servas ; cur enim quemquam, ut studeat tibi, ut te adjunct, rogasr rogas tu rue, ut mihi praesis, ut committam ego me tibi; quid tandem ? rstuc me rogari oportet abs te, an te potius a me, ut pro mea sa- (33) Fuit eodcm studio Q. Tubero.~] Cicero here ridicules the doctrine ot* the Stoles, shows the absurdities into which it may betray a man, and paints the ill consequences that often arise from it. Q. Tubero, of whom he speaks here, had profefced himself a Stoic, and resolved to regulate his conduct by the tenets of that sect. Accordingly, in an entertainment he gave the'Roman people, on occasion of the death of the great Scipio Afri- canus, he made use of plain wooden beds, goat-skin covers, and earthen dishes. But this ill-timed parsimony was so displeasing to the Roman people, that when he afterwards stood for the pr'aetorship, they refused biiri their suffrages, though a man. of illustrious birth, and the most distin- guished virtue. 273 by our lives, our manners, our practice, and the constitution it- self. For neither the Lacedaemonians, the first institutors of this way of living and talking, who at their daily meals recline upon a hard board ; nor the Cretans, who never indulge themselves in a lying posture at table, have been more succefsful in the management of public affairs than the Romans, who divide their time between businefs and pleasure. Nay, let me add, that the Cretans were destroyed in a single campaign ; and the Lace- daemonians are indebted to our protection, for the preservation of their laws and constitutions. Sect. XXXVI. Therefore, Cato, censure not too severely these customs of our ancestors, which our present flourishing condi- tion, and the long continuance of our empire, sufficiently justify. Q. Tubero, a man of learning in the days of our forefathers, and distinguished by his birth and personal merit, had imbibed the same principles which you follow. When Q, Maximus, in memory of his uncle Africanus, was preparing an entertaiment for the Roman people, he desired this Tubero, who was the son of Africanus' s sister, to furnish out a dining-room on the occa- sion. Upon which this learned stoic covered some plain wooden beds with goat-skins, and loaded them with earthen dishes ; as if they had been commemorating the death of Diogenes the cynic, and not of the great Africanus : a man so divine, that when Maximus pronounced his funeral oration, he thanked the immortal gods for his. being a native of this commonwealth ; because to whatever place his services were attached, there the empire of the universe could not fail to reside. And indeed the people of Rome highly resented this ill-judged wisdom of Tubero, in thus celebrating the obsequies of so great a man. Accordingly, this unblemished and excellent citizen, though the grandson of L. Paulus, and the son of Africanus's sister, was tofsed in those goat-skins out of the prsetorship. The people of Rome hate private luxury, but are fond of public magnificence ; they do not love profusion in entertainments, but far lefs a sordid penurious economy : they know how to distinguish times and duties, and the vicifsitudes of labour and pleasure. For as to your afsertion, that nothing but merit ought to influence the minds of men, in conferring public ho- nours ; your own very practice, great as your merit is, runs di- rectly counter to it. For why do you ask any one to favour your pretensions, and promote your suit ? You request me to grant you the command over me, and put myself under your authority. But why so ? does it belong to you to request that of me, or ought not I rather earnestly to solicit you to expose yourself to dangers and fatigues for my sake ? What do you mean by keeping a nomenclator ? the thing itsejf is a mere 274 M. T. CICEE.ONIS ORATIONES. lute labdrem periculumque suspiciasr ( 3 >) Quid, quod Labesnd- menclatorem ? in eo quidem fallis, et decipis. Nam si nomine appellari abs te cives tuos honestum est ; turpe est eos notiores else servo tuo quam tibi ; sin etiam noris, tamen per monitorem appcllandi sunt ? cur ante petis, quam insusurravit r aut quid, cum admoneris, tamen quasi tate noris, ita salutas ? quid, pos- teaquam es designatus, muito salutas negligentius ? ha;c omnia ad rationem civitatis si dirigas, recta sunt : sin perpendere ad discipline prsecepta velis, reperiantur pravifsima. Quare nee plebi Romanae onpiendi fructus isti sunt ludorum, gladiatorum, conviviorum; quae omnia majores nostri com para veruht : nee candidatis ista benignitas adimenda est, que liberalitatem magis signiricat, quam largitionem, XXXVII. Atenim tead accusandum respub. adduxit. Ci Cato te isto animo, atque ea opinione venifse : sed tu impru- dentia labevis. Ego quod facio, judices, cum amicitiae dignita- tisque hi Muraena? gratia facio; turn me pacis, otii, concordia?, libertatis, salutis, vita? denique omnium vestrum causa facerc clamo atque obtestor. Audite, audke consulem, indices, nihil dicam arrogantius, tantum dicam, totos dies atque noctes de republica cogitantem. Non usque eo L. Catilina rempublicam. despexit atque contempsit, lit ea copia, quam secum eduxit, se hanc civitatem opprefsurum arbitraretur ; latins patet illins scelci is contagio, quam quisquam putat : ad plures pertinet. (+°) Intus, intus, inquam, est equus Trojanus, a quo nunqih me console, dormientes opprimemini. Quaris a me, quid Catilinam metuam ? Nihil : et curavi me quis metueret : copias illius, quas hie video, dico e(Ve metuendas : nee tain timendus est nunc excrcitus L. Catilina 4 , quam isti, qui ilium exercitum deseruifse dicuntur : non enim descrnerunt ; scd ab illo in speculis atque insidiis relicti,in capite atque in cervicibns nostris restiterunt; hi et integrum consulem, et bonum impc- (39) Quid, quod habes nomenclature m ?] As at I . I much to give, and therefore expected to be much courted, every man who aspired to any public dignity, made it his busiiiefs to , the place, and the condition of every eminent citizen, v and what neighbours he had. l ? or this purp v.- or two in his family, whose sole employment it w; and know the persons of every citizen at sight, so as to be able to whisper t to his master as he pai'sed through the streets, that he might be ready to salute them all familiarly, and shake hands with them as his particular ac- quaintance. Plutarch says, that the use of t relators trary to the laws; and that Cato, I offices, would not employ any of them, but took all himself. But that notion is here fully confuted b; absurd rigour of Cato's stoical principles, and their common life, from this very circumstance of for Cicero himself,, whatever paics 2T5 cheat. For if it be your duty to call the citizens by their names, it is a shame for your slave to know them better than yourself: but if you really know them, where is the necefsity for a mo- nitor ? why do^you not speak to them before he has whispered you ? or, after he has whispered, why do you salute them, as if you knew them yourself? or, when you have gained your election, why do you grow carelefs about saluting them at all r\ All this, if examined by the rules of social life, is right ; but if by the precepts of your philosophy, very wicked. Therefore neither are the people of Rome to be deprived of the gratification arising from shows, gladiators, and public feasts, all which our ancestors have provided for our entertainment ; nor are candi- dates to be excluded from the privilege of conferring those favours, which are rather marks of generosity than corruption.. Sect. XXXVII. But you tell me it was your regard for the commonwealth that induced you to undertake this impeach- ment. I easily believe, Cato, that you come here with that intention and design ; but you obstruct your own purpose, for want of due reflection, For my own part, my lords, I am far from difsembling,. how much friendship, and a concern for Murena's dignity, weigh with me on this occasion ; but at the same time allow me to declare, nay and in the strongest terms proclaim, that I am no lefs moved by a regard to the peace y ease, concord, liberty, lives, and safety of us all. Hear, hear your consul, who, not to speak arrogantlv, thinks of nothing day and night but of the republic. Catiline does not despise us so far as to hope to subdue this city with the force which he has carried out with him. The contagion is spread wider, and has infected more than you imagine. The Trojan horse is within our walls ; which, while I am consul, shall never opprefs you in your sleep. If it be asked, then, what reason I have to fear Catiline ? none at all ; and I have taken care that nobody else need fear him : yet I say, that we have cause to fear those troops of his, which I see in this very place. Nor is his army so much to be dreaded, as those who are said to have deserted it : for in truth they have not deserted, but are left by him only as spies upon us, and placed as it were in am- bush to destroy us the more securely. All these want to see a worthy consul, an experienced general, a man both by nature appears from several pafsages in his letters, that he constantly had a no- menclator at his elbow on all public occasions. (40) Intvs, intus est equus Trojanus.~\ The story of the Trojan horse is so ■well known, from the elegant description given of it by Virgil, that there is no occasion to ealarge upon it here. I shall therefore content myself with observing, that our orator, by alluding to it in this place, means to insinuate, that the danger with which the city was threatened, did not arifefrom. thofe who had followed Catiline, but from those whom h£ behind him in Rome, 216 M. T. CICERONIS ORATIONES. ratovem, et natura et fortuna cum repub. salute Conjunctum., clejici de urbis prsesidio, et de custodia civitatis vestris sententiis deturbare volunt: Quorum ego ferrum et audaciam rejeci in campo, debilitavi in foro, comprefsi etiam, domi meae ssepe ju~ dices ; bis vos si alteram consulem tradideritis, plus multo erunt vestris sententiis, quam suis gladiis consecuti. Magni interest, judices, id quod ego multis repugnantibus egi atque perfeci, efse kalendis Januar. in repub. duos consules. ( 41 ) Nolite arbitrari, mediocribus consiliis, aut usitatis viis, autlege improba,autper- niciosa largitioneauditumaliquandoaliquodmalumreipub. quaai. Inita sunt in hac civitate consilia, judices, urbis deiendee, civium trucidandGrum,nominisIiomaniexstinguendi ; atque haec cives, cives, inquam, si eos hoc nomine appeilari fas est, de patria sua et cogitant, et cogitaverunt ; horum ego quotidie consiliis oc- curro, audaciam debilito, sceleri resisto, sed vos moneo, judices : in exitu est jam meus consulates : nolite mihi subtrahere vi- cariurn meac diligenliac : nolite adimere eum, cui remp. cupio tradere incolumem, ab his tantis periculis defendendam. XXXVIII. Atque ad haec mala, judices, quid accedat aliud, non videtis? te, te appello, Cato: nonne prospicis tempestatem annitui? jam enim hesterna concione intonuit vox perniciosa designati [tribuni] college tui : contra quern multum tua mens, multum omnes boni providerunt, ( 42 ) qui te ad tribunatus pe- titionem vocaverunt. Omnia, qua; per hoc triennium agitata sunt jam ab eo tempore, quo aL. Catiliha, et Cn. Pisone imtum consilium senatus»internciendi scitis else, in hos dies, in bos menses, in hoc tempus erumpunt. Qui locus est, judices ? quod tempus? qui dies? qua) nox ? cum ego non ex illoriirn insidiis ac mucronibus non solum meo, sed multo etiam magis divino consilio eripiar atque evolem ? neque isti me meo no- mine interlici, sed vigilantem consulem de reip. prsesidio de- movere volunt: nee minus vellent, Cato, te quoque aliqini (41) Nolite arbitrari.'] This sentence serves to confirm what is advanced immediately before: Magni interest efse kalendis Jam jar ii in rcpublicd duos consules. The reason is implied in this sentence immediately follow- ing ; because the commonwealth is threatened with a dangerous attack from the afsocjates and followers of Catiline. These men, says he, pro- pose not any common attempt against the state ; nor endeavour to spirit up the multitude by the promulgation of pestilent laws, or the pernicious arts of corruption, which are the vulgar artiJices of factious men ; but by daring counsels, and methods hitherto unpractised, they aim at no lets than the utter extinction of the commonwealth., a thing hitherto unheard e£ in this city. The designs are more fully explained afterwards: luita su?it in hac civitate consilia, &c (42) Qui te ad tribunatus petitionem vocaverunt ] We learn from Plutarch, in his life of Cato, that that Roman retiring into Lucania, to spend some time at an estate he had in the country, suddenly altered his mind, ar.d by the persuasion of his friends returned the same day to Home, with a view of offering himself a candidate for the tribuneship, that he might be the better able to oppose the pernicious designs of Metellus Nepos, « as he was informed upon his journey, was making interest for the same dignity. 2 f and fortunes attached to the interests of the republic, dim your sentence from the guard and custody of the city. I already blunted their swords, and checked their audacioui tempts in the field of Mars; I have baffled them in the for and repressed their rage even within my own house : but sho. you on this occasion give them up one of the consuls, they will gain much more advantage -by your decision, than they have been able to do by their swords. It is of great importance, my lords, and what I have laboured and effected in spite of much opposition, that there be two consuls in the common- wealth the first of January. Do not imagine, that in effect of moderate counsels, by common means, a pestilent law, or the pernicious influence of corruption, the republic is threatened with no more than an ordinary danger. Designs have been hatched, my lorols, within this state, to destroy the city, murder the citizens, and extinguish the Roman name. Citizens, citi- zens, my lords, if it be not unlawful to call them by that name, have devised, and at this very time are devising, all these mis- chiefs against their country . I am daily employed in unravelling their pernicious schemes, crushing their audacious, attempts, and opposing the torrent of their guilt. But suffer me to re- mind yoti, my lords, that my consulship is upon the point of expiring : withdraw not then him who is to succeed me in my vigilance and care : take not from me the man, to whom I wish to deliver over the commonwealth un violated, that he may defend it from the mighty dangers to which it is ex- posed. Sect. XXXVIII. But, my lords, do you not see the ad- ditional evils that threaten us? Here I addrefs you, Cato; have you no foresight of the storm that impends over your magi- stracy ? For so early as yesterday's afsembly, the pernicious voice of your colleague elect thundered in our ears ; against which your own prudence, and the joint concurrence of all the honest, who were so anxious to raise you to the tribuneship, have thought it necefsary to use much precaution. All the per- nicious schemes that have been in agitation for three years past, since the time that L. Catiline and Cn. Piso formed the»design pf mafsacring the senate, are at this period and season, and dur- ing these months, ready to burst forth. Where is the place, my lords, where the time, where the day, where the night, in which I have not been snatched and rescued from the snares and swords of these traitors, leis indeed by my own foresight, than by the watchful care of the immortal gods ? Nor did -their attempts against me flow from personal hatred, but from their desire to deprive the commonwealth of a consul watchful for its preser- vation : and believe me, Cato, they have the same designs M. T. -CICEROKIS ORATICNES. )fsent, tollere : id quod, mihi crede, et agnni, et , ident quantum in te sit animi, quantum ingenii, LDtttm auctoritatis, quantum reip. proesidii: sed cum (43) consulari auctoritate et auxilio spcliatam vim trib.unitiam vidc- rint, turn se facilius inermem et debilitatum te opprefeuros ar- bitrantur : nam ne suificiatur consul, non timent: vident in tuorum potestate cojlegarum fore: sperant sibi Silanum, clarum virum, sine collega, te sine consule, rempub. sine pnesidio ob- jici pofse. His tantis in rebus, tuntisque in periculis, est tuum, M. Cato, qui non mihi, non tibi, sed patriae natus es, videre quid agatur, retiijere adjutorem, defensorem, socium in repub- kca, consulem non cupidum, consulem (quod maxime tempus hoc postulat) fortuna constitutum ad amplexandum otium, scientia ad bellum gerendum, animo et usu ad quod velis ne- gotium. XXXIX. Quanquam hujusce fei potestas omnis in vobis sita est, judices : totam rempub. vos in hac causa tenetis, vos gu- bernatis. S'vL. Catilina cum suo consilio nefariorum hominum, quos secum eduxit, hac de re pofset judicare, condemnaret L. Mui'Lenam : si interficcre pofset, occideret ; petunt eniin ra- iiones illius, ut orbetur auxilio resp. ut minuatur contra suum furcrcm imperatorum copia ; ut major facultas tnbunis plcbis detur, depulsp adversario, seditionis ac di^cordiae concitanda?. Idemne igitur dclecti ampliismis ex ordinibushonestiisimi atque sapienfcilsimi viri judicabunt, quod ille importunifsinms, gladi- ator, hostis reipub. judicaret ? Mihi crcdite, judice=, in hac causa non solum de L. Muraena, vcrum etiam dc vestrS salute sententiam ferctis ; in disciimen extremum venimus: nihil est jam mule nos renciamus ? aut ubi lapsi rcsistanius ; non solum minuepda non sunt auxilia qua? habemus : sed etiam nova, si fieri pofsit, comparanda ; ( 44 ) hostis est enim non apud Anienem, (43) Consulari avctcrilrJc sfcliztam vim trib:.nit:c7:i.~\ Cicero, the more mally to convince Cato of the reason a blew eft. as well desisting from the present prosecution,, observes, that Cato's own pri rity or danger ^as inscpeialny connected with that ot* Murena. should Murena be cast, the conspirators would thereby be de!i\ a powerful ei»emy, whose vigour and great tal< rived of his aid. would find hiipself ill able t< ci a daring and desperate crew; the rather as having drawn over some tribunes to their party, they would by their interposition be able (o pre- a new election, and find -it -an easy matter to banle the authority a 5i who would have no colleague to afsist hiin in opposing their desL (.44). Hostis est e-nim non cpud Jnicnem.~\ In the second Piini* M. Fuivius the consul was besieging Capua, and had reduced extremities that it must in a short time surrender; Hannibal, th< ginian general, i I'empts to relieve i^, came to a sud resolution ot investing Borne . nat Fufvius which threatened his country, ge of Capua and A} the assistance of the capital. Accordingly he advanced Willi his the river Anio, and encamped f Rome. CICERO'S ORATIONS. 219 inst you, could they by any means compafs them; nay, at tms very time, they labour and are intent upon them. They are no strangers to your courage, your capacity, your autho- rity, and your abilities to defend the state. But when they shall perceive the tribunieian power destitute of the consular aid and authority, they think it will be more easy to opprefs you in that weak and defenceless condition. For they are no way afraid of another consul's being substituted in the room of Mu- rena, because they perceive that affair will be entirely in the power of your colleagues. Thus are they in hopes, that the illustrious Silanus being without a colleague, and you without thaaid of a consul, the republic will be exposed naked and de- fencelefs to their attempts. Amidst these important concerns and imminent dangers, it is incumbent upon you, Cato, who are not born for me, or for yourself, but for }^our country, to weigh well the matter now before you, to preserve your afsistant, your defender, your afsociate in the government; a consulnot am- bitious, ,4 consul such as the present juncture requires, whose fortune disposes him to cherish tranquillity, whose experience fits him for the affairs of war, and whose abilities and spirit are equad to every purpose you can desire. Sect. XXXIX. But, my lords, this whole affair depends en-« tirely upon you ; in the cause now before you, the preserva- tion and prosperity of the commonwealth rest upon your deci- sion. Was Catiline, and the band of profligates he has carried along with him, to have been judges in this affair, he would have eagerly condemned Murena ; nay, could it have- been ef- fected, he would not' have scrupled to afsafsinate him. His schemes require that the commonwealth be deprived of her sup- ports ; that the number of generals capable of opposing his fury be lefsened ; that the tribunes of the people, having rid them- selves of so formidable an adversary, be more at liberty to blow the flames of discord and sedition. And shall men, distinguished for their integrity and wisdom, selected from the most conspi- cuous orders of the state j pafs the same judgment as would a most audacious gladiator and declared enemy of his country? Believe me, my lords, you are in this cause not only to determine the fate of Murena, but likewise to decide upon your own safeties. We are now come to the crisis and extremity of our danger ; there is no resource or recovery for us, if we now miscarry ; it is no time to throw away any of the helps which we have, but by all means pofsible to acquire mere. The enemy is ed some terror at first, and a debate arose in the senate about recalling Fulvius from Capua. But Fablus M axioms vigorously opposing this tion, toon changed the fear of the Romans into contempt ; and Ful was permitted to continue the siege of .Capua, which in a Ihort time - impelled to surrender. 280 M. T. CICERONIS ORATIONES. e, vos, pro mea sumraa et vobis cognita in rempub. diligentia, monco, pro auctoritate consular? hortor, pro magnitudine periculi obtestor, ut otio, ut paci, ut saluti, ut vita? vestrae et caeterorum civium consulatis: deinde ego (♦*) fidem restrain, vol defensoris et amici ofHcio adductus, oro atque obsccro, judices, ut ne hominis miseri, et cum corporis morbo, turn animi dolorc confecti, L. Muraense recentem gratulationem novalamentationeobruatis; mod 6 max- imo beneficio pnpuli Horn, ornatus, fortunatus videbatur, quod primus in familiam veterem, primus in municipium atitiquifsi- mum, consulatum attuliiset: nunc idem squalore sordidus con- ( i 3) Unus erit cotisul."] Upon a supposition of Muren&'s being cast, P. Si- lanus would have remained sole consul. Tim was the more dangero that time, as the daring and desperate designs of the conspirators seemed more than ever to require the vigorous administration of' two consuls \ whereas by setting aside one, and entangling the other in a dispute with the tribunes about a new election, public affairs would be neglected, and measures could be properly taken, to aver', the storm that threatened to break upon the state. This was the circumstance which chietlv favoured Murena, it appearing neither safe nor prudent, in such difficult ti while a rebellion was actually on foot, to deprive the city of a consul, who, by a military education, was the best qualified to defend it in so dangi a crisis. Accordingly Cicero urges this consideration here with ail the warmth of rhetoric; and vc find it had such weight in the ifsue with the judges, that without any deliberation, they unanimously acquited Murena ; and wotiid not, as Cicero himseil informs us, so much as hear the ao lion of men the most eminent and illustri (46) Fidcm vest rum vtl '<.~\ Manutius finds great perplexity in this pafsage, which he endeavours to remove by altering the reading, ills words are; * Hie mihi suspicionem meiidi varietas ailert antiquorum, CICERO's ORATIONS. 231 rM on tlic banks of the Anio, which was thought so terrible in the Punic war, but in the city and the forum. Good gods! (I cannot speak, it without a sigh) there are some enemies in the very sanctuary ; some, I say, even in the senate : the gods grant that my brave colleague may in arms be able to quel] this impious rebellion of Cataline ! a whilst I, in the gown, with the . afsistatice of all the honest, will endeavour, by the most prudent measures, to dispel ti*p other dangers with which the city js now : big. But what will become of us, if they should slip through our hands into the new year, and find but one consul in the republic, and him employed, not in prosecuting the war, ■but in providing a colleague ? Then this plague of Catiline will break out in all its fury. Already it threatens the people in the remoter parts of Italy, and will soon spread into the neighbour- hood of Itome itself. Mafsacre and bloodshed will take poises- sion of our camps, fear, of our senate, faction and discord of, the •forum, armies of the field of Mars, and desolation of our pror •vinces ; while the terrors of fire and sword will pursue us • through every haunt and retreat. Yet all these long projected evils may be easily dispelled, by the wisdom of Our magistrates, and the zeal of the citizens, if we deprive not the commonwealth •of the protection of her consuls. Sect. XL. In these circumstances, my lords, let me in the first place admonish you, out of regard to the commonwealth, which ought to be the dearest object of -affection to every citizen, and in consideration of my unwearied, and. by you experienced zeal for the interests of my country; let me, in consequence of the authority I am clothed with as consul, exhort you, and, from my sense of the greatnefs.of the danger, com are you to be watchful over the ease, the peace, the welfare, the safety of your own lives, and those of your fellow-citizens. In the next place, I intreat and request, my lords, out of friendship, to Murena, and by all the ties that bind me to defend him, that you will wot add a new load of affliction to one already overwhelmed with an- guish of body and trouble of mind, nor convert his late congra- tulations into a, flood of sorrow. But. a litttle ago, crowned with the highest honours tiie people of Rome can bestow, he seemed the most fortunate of men, as being the first that imroduced the A emplarium. In duobus, vestram, abest: in altero legitur, Fide in vos de- * fcusbris : unum cum pervulgatis liforis censentit. Plsceret, fide deferisoris 1 ct amici officio adductus. Fides enim pvoprie defensoris est, officium .' amici. Qui lem hie judicum brare opus est? Quale autem vi- •"" detur, Tut verl c;onsidei\muis,)_/zc/ew restrain oro? Qua? si paruin ■*.aut nihil habeat momenti, difsensio certe veteriim librorum contemuenda .* lion videtur.?' T £8l2 M. T. CICERO Nls 6RATIONES. fectus morbo, lacrymis ac moerore perditus, vester est supplex, judices, vestram fidem obtestatur, misericordiam implorat, ves-r tram potestatem ac vestras opes intuetur. Nolite, per deos immortales, judices, hac earn re, qua se hoiiestiorem fore puta- vit, etiam ca3teris ante partis honestatibus, atque omni dignitas te fortunaque privare. Atque ita vos Muraei^ judices, orat atque obsecrat, si injuste neminem laesit, si nullius aures volup- tatemve violavit, si nemim, ut levifsime dicam, odio nee domi nee militia? fuit ; sit apud vos modestise locus, sit demifsis honii- nibus perfugium, sit auxilium pudori. Misericordiam spoliatio consulatus magnam habere debet, judices : una enim eripiuntur cum consulatu omnia ; invidiam vero his temporibus hsfcere consulatus ipse nullam potest ; objicitur enim concionibus se- ditiosorum, insidiis conjuratorum, telis Catilince : ad orane deni- que periculum, atque omnem invidiam solus apponitur. Quare quid invidendum Muraenae, aut cuiquam nostrum sit in hoc prae- claro consulatu, non video, judices; qua; vero miseranda sunt, et ea mihi ante ocujos versantur, et vos videre et perspicere potestis. XLL Si (quod Jupiter omen avcrtat!) hunc vestris sententiis afflixeritis, quo se miser vertet ? Domumne ? ut earn imagineru clarifsimi viri, parentis sui, quam paucis ante diebus laureatam in sua gratulatione conspexit, eandem (+ 7 ) derbrmatam igno- minia, lugentemque videat r An ad matrem, quae misera modo consulem osculata filium suum, nunc cruciatur, et solicita est ne eundem paulo post spoliatum omni dignitate conspiciat ? Se I quid ego matrem aut domum appello, quern nova poena legis et domo, et parente, et omnium suprunl consuetudine conspectu- que privat ? Ibit igitur in exsiliuin miser I quo?' Ad orienti.-ne parteis, in quibus annos multos legatus fuit, et exercitus dux it, et res maximas gefsit ? at habet magnum dolorem, undc cum honore decefseris, eodem cum ignomin'ia reverti. An se in contrariam partem terrarum abdet, ut Gallia Transalpina, quern nuper summo cum imperio libentiisime viderit, eundem lugcn- tern, moerentem, exsuiem videat? in ea porro provincia, quo animo C. Muraenam fratrem suum adspiciet? qui hujus dolor r qui illius mceror erit ? quaj utriu'squfe lamentatio ? quanta autem (47) Deformatam ignominia, lugentemque videat.'] This is a part of what rhetoriciams call the peroration; by which they meant a pathetic addrefs to the judges, representing the miseries that would be consequent upon the condemnation 01 the person accused; and endeavouring by a lively descrip- tion to excite companion. Cicero/it must be owned, has succeeded very happily in this part, and given so striking a picture of the height Muivna ■would fall from, and the distress he would be exposed to, by a rigorous sentence, that no heart susceptible pf the feelings of humanity, can pobibly Withstand the influence of it. Cicero's orations. 28S consulship into an old family, and one of the most ancient of the free towns of Italy: now clothed in sordid apparel, spent with disease, opprefsed with tears and sorrow, he is your sup- pliant, my lords ; he sues to you for justice, he implores your compafsion, and seeks protection from your power and interest. For heaven's sake, my lords, let not that by which he hoped for an addition to his rank, contribute to divest him of all his for- mer honours, and of his whole dignity and fortune ! For thus, my lords, does Murena supplicate and addrefs you ; if he has injured no man, if he never offended either in word or deed, to say the least, he has incurred no man's hatred in peace or war ; Jet your tribunal be an asylum to moderation, a refuge to men in distrefs, and a place of protection to the modest. Great compafsion, my lords, is due to the man, who is stripped of the consulship ; for, in losing that, he loses his all. But surely in these days there can be little reason for envying any one the pofsefsion of that dignity ; since he is thereby exposed to the harangues of the seditious, the snares of conspirators, and the attacks of Cataline ; in short, must singly oppose every danger, and all the attempts of malice. And therefore, my lords, I cannot see what there is in this so much coveted office, why either Murena, or any of us who are or have been pofsefsed of it, should become objects of public envy. As to the many cares and solicitudes attending it, these are even now before my eyes, and cannot fail of being obvious and visible to you. Sect. XLI. If (which Heaven forbid!) your decision proves unfavourable, whither shall the unhappy Murena turn him? Homewards ? to behold the image of his illustrious father de- formed with ignominy, and covered with the mark of sorrow, which he so lately saw adorned with laurel, the object of his con- gratulations ? To his mother ? who having but just embraced her son a consul, is now racked with tear, and apprehensive of seeing him, despoiled of all his dignity ? But why do I mention his mother, gx his home, when the new penalty annexed to this law, deprives him at once of parent, habitation, and the company and conversation of all his friends ? Shall then the wretched Mu- rena be banished? hut whither? To the east, where he for many years served as lieutenant, where he commanded great armies, and where he performed many glorious actions ? Alas ! it is a hard lot to return with ignominy to a country which we have left with honour. Shall he. hide his head in the opposite part of the globe, and appear mournful, dejected, and an exile in Transalpine Gaul, which lately with pleasure beheld him clothed with supreme command ? With what eyes can he look upon his brother C. Murena, in that province ? what must be the anguish of the one, what the sorrow of the other ? and T2 284 M. T. CXCERONIS ORATIONES. perturbatio fortune atqae sermonis, qadd, quibus in locis paueia ante diebus factum efee consulem Mursenam nuntii literaeque celeb rafsent, et unde hospites atque amici gratulaturm Romam concurrerint, repente ed accedat ipse nuntius sua? calamitati.5 r Qnod si acerba, si misera, si iuctuosa sunt, si alienifsima a, raan- "suetudine et misericordia vestra, judiccs ; conservate po Komani beneficium: reddite reipub. consuiem : date "hoc ipsius pudori, date patri mortuo, date generi et tamiiia?, date etiain Lanuvio, municipio honestifsimo, quod in hac causa frequens moesttimque vidistis ; nolite a-sacris Junonis Sospita^ cui onmes consules facere neceise est, doniesticum et suum consulem po- tifsimum avellere, (" 8 ) Quern ego vobis, si quid babet, aut mo- ment] eommendatio, aut auctoritatis confirmatio mea, con id consulem, judices, ita commendo, ut cupidifsimum otii, stu- diosifsimum bonorurn, accerrimum contra seditionem, fortis- simum in hello, inimicifsimumhuie conjurationi, quae nunc rem- publicam labefactat, futurum else promietam et spondeam. (48) Quern ego. — Judices^.ta commendo, id, &c] We have already had occasion to observe that Murena was acquitted; and therefore shall here only add, that his administration fully answered the idea which Cicero, in this oration, endeavours to give it ; he proving an honest, faithful, and vi- gorous consul, a zealous opposer of those who sought the ruin of Iheir country, and an irreconcileable enemy to all factious magistrates. This oration was spoken towards the latter end of the six hundred and nintieth year of the city, in the consulship of Cicero and AiitQiiius, a little M .ireua took'poiselsion of that high dignity, CICERO S ORATIONS. 28 J how great the lamentation of hoth ? What a reverse of for- tune and discourse! that in the very place in which a few day* before accounts arrived ot Murena's being raised to the consul- ship, and whence strangers and friends Hocked to pay him their compliment* at Rome; there he hirpselt' should first arrive with the tidings of his own disgrace? If this, my lords, appears a hard, a cruel, and a mournful lot, if shocking to vour huma- nity and companion ; preserve the favour bestowed by the Ro- man people, restore to the commonwealth her consul; show this respect to the purity of Murena's virtue, to the memory of his deceased father, to his quality, to his family, and like- wife to Lanuvium, that most honourable corporation, whose disconsolate citizens you have seen attending in crowds during this whole trial. Tear not from the patriot rites ot Juno Sol- pita, which all consuls are obliged to celebrate, a domestic con- sul, in whom she has so peculiar a right. If my recommenda- tion, my lords, has any weight, if my afsurances have any authority, I am ready to promise and engage for Murena, that lie will prove a consul zealous for the public tranquillity., warm- ly attached to the friends of his country, keen in opposing sedition, brave in all the enterprizes of war, and an irreeoncile- ablc enemy to this conspiracy, which now shakes the pillars of the commonwealth. T* 0RATIO IX I ,«r *• * i . » , ■■ PRO ARCHIA POET A*. sit non I. QI quid est in me ingenii, judiccs, quod scntio quam O exiguum; aut si qua exejcitatio dicendi x in qua me kmcior mediocriter else versatum ; aut silmjutce rei ratio aliqua ab optiniartun artium studiis, et disciplina proiecta, a qua ego nullum confiteor a?tatis meae tempus abhorruifsc: earum rerum omnium vel in priini* hie (•) A. Licinius fructum a me repctere prope suo jure debet. Nam quoad longtfsime potest mens mea respicere spatiuni pratertti temporis, et pueritia* meinoriam re- cordari ultimara, iude usque repeteas, nunc video niihi prip- cipcm, et ad suscipiendam, et ad ingrediendam rationem liorum studiorum exstitilse. Quod si hare vox liujus hortutu pra ccptisque conionnata, noimullis aliquandq saluti i'uit ; a quo id accepinms, quo ceteris, opitularr, et alios servare poi'senius, huic protecto ipsi, quantum est sitmu in nobis, et opcm et sahitcm ferre dc- bemus. Ac ne qiwsii nobis hoc ita dici forte niiretur, quod alia quxdam in hoc facultas sit ingenii, neque hac dicendi ratio aut otfciplina: ncnosquidem huic () cimcti studio penitus unquam dediti iuimiis. Ktenim oinnes artes, quae ad Immanitatcm per- tinent, habent quoddam commune vinculum, et quasi cogna- tione quadatn inter se continentur. * A. Licinius Archias was a native of Antiorh, and a very celebrated poet, lie came to IJoroe when Cicero was about five years old" and was courted ■fcfy men of the greatest enaneuce in i*, on account of his learning, jjeiritts, and politoncfe. Amou£ others Lucullus was very fond of him, took Ifim • into, his family, and gave him the liberty of opening a school in it, to which many of the young nobility and gentry <>f Koine were sent for their educa- tion." In the"consuh»hip of M. Pupius'I'iso aud M. Valerius Mefsala, one Gracchus, a person oi'obscure birth, accused Archias upon the JaW'by which those w [to were made free of any o! the confederated cities, and at t !> tim£ of pafsingjhe law dwelt in Italy, were obligee) to claim their j>rivde£e before the orator within sixty da\s. Cicero, in this, oration, endeavours to prove I« I 111. ORATION IX. FOR THE POET ARCHIAS. ■i ■ ' " < h -I- *» '» ■" i ii . .,j, Slct. I- TF, my lords, I have any abilities, and I am scnfible JL they are but small ; if, by speaking often, I have acquired any merit as a speaker ; if 1 hive derived any know- ledge from the study of the liberal arts, which have ever been iny delight, A. Licinius may justly claim the fruit of all. For looking back upon past scenes, and calling to remembrance* the earliest part of my life, I find it was he who prompted mo first to engage in a course of study, and directed me in it. If my tongue, then, formed and animated by Mm, has ever been the means of saving any, I am certainly bound by all the ties of gratitude to employ, it in the defence of him who has taught it to afsist and defend others. And though his genius and course of study are very different from mine, let no one be surprised at what I advance : for I have not bestowed the whole- of my time on the study of eloquence ; and besides all the liberal arts are nearly allied to each other, and have as it were, one dommon bond of union. that Archies was a Roman citizen in the sense of that law; but dwells chiefly on the praises of poetry in general, and the talents and genius of the defendant, which he displays with great beauty, elegance, and spirit The. oration was made in the forty-sixth year ot Cicero's age, and the six hunched and ninety-second year of Rome. (1) A Licinius factum a 'me rrpctere prope suo jure debet.} Cicero was put early under the care of Archias, and applied himself chiefly to poetry CO which he was naturally addicted : he made such a proficiency in ft, that while he was still a boy, lie composed and published a poem, called Gltuicus Pontius, which was extant in Plutarch's time. (2) Cuttcti.~] Instead of cuncti, some of the commentators are for reading vni, others euro: et, either of which would indeed be better: but cuncti 13 retained in almost all the editions of Cicero's works, bemg supported by IJk authority of all the manuscripts. < 7 288 T. M. CICERONIS ORATIOKES. II. Sed nc cui vestrum mirTTm else videatur, me in qtia?stionc lcgitima, et in judicio publico, cum res agatur apud pratorem populi Roman t, leetifsimuni virum,ct apud severii'simos judices, tanto conventu homimun ac fYequeutia, hoc uti genere dicendi, quod non modp a 'consiu'tu.imc judiciorum, verutn etiam a tofensi ser mono abhor rcat : quxso a vobis, ut in hac oausd mihi detis banc veniani, acconuiiodatum huic reo, vobis, quem- adqiodum spero, nou molcstam ; ut me pro sumino poeta? at- que eruditii'snno homine, dicentem, hoc concursu homiiium Kteratrfsittiorttm, haC vestrfc bnmanitate, hoc denique pratore exercente judicium, patiamini dc studiis liumanitatis ac litcra- ruin paulo loqui liberius: et in eiusmodi persona, qua? propter otium ac studium minime in juuiciis pcriCuIisque tractata est, Uti prope novo quodam et inusitato genere diceudi. Quod &i mihi a vobis tribui concedique sentjam ; perriciam prol'ccto, ut hunc A. Licinium, non modo non segregandum, cum sit civis, a numero civium ; "vcrum etiam si non efset, putetis asciscen- dum fuifse. III. Nam ut primum ex pucris excefsit Archias, atque ab iis artibus, qmbus aetas puerilis ad humanitatcm informari solet, *e ad scribendi studium contulit ; primum Antiochai (nam ibi natus est, loco nobili, et eclebri quondam urbe et copiosa, atque eruditifsimis hominibus liberal iisiuaisque itudiis aflluenti) celeriter antecellere omnibus ingenii gloria contigit ; pobt in ceteris Asia) partibus, cunctaque Gracia% sic ejus advent us celebrabatur, ut famam ingenii exspectatio hominis exspecta- tioneni ipsius adyentus aumhatioque supcraret. l.rat Italia tunc plena Gracarum artinm ac'disciplinarum : studiaque hac et in Latio vehementius turn eolebnntur, quaod nunc iisdein in oppidis : et hie Roma propter tranquillitatcm rcipub. non ne- giigebaritur. Itaquc hunc et Tarentdni, ut Rhegini, ot Neapo- litan 1 civitatc caterisque pramiis donarunt : ef omncs, qui aliquid dp ingoniis poterantjtidicare, cognitipne, atque hotpitiq dignum cxistunarunt. liac tanta, celebritate lama- cum e.Vot jam abscutibus notus, RoiiiJim venit, Mario eonsulc, et Catulo; nactus est primum consules cos, quorum, alter res ad -cnben- dum maxiiuas, (•) alter cum res gestas, tuni etiam studium at- que aures adlubere pofset ; stutim Luculli,. cum pratexiatus etiam turn Archias eTset, qum domum suam receperunt. Sod fJam hoc non solum ingenii ac literarum, vcrum etiam naturae atque virtiilis fuit, ut donius, quae hujus adolescent ia* priiu«| iuerit, eadeni cta'l iomiliariisima scucetuti. Krat temponbus (3) Alter Cum r a s gestns, fc'f.] C'u-fro spraks in ver\ High terms ot" this Catglu-, ui his Looks be Claris cralui'.KS, :u:d Dm orafore. CICERO'S ORATIONS. 2S9 Sect. II. But lest it should appear strange, that, in a legal proceeding, and a public cause, l>cforc an excellent prat6r, the most impartial judges, and so crowded an afscmbly, I lav aside the usual style of trials, and introduce one very dif- ferent from that of the bar ; I must beg to be indulged in this liberty, which, I hope, will not be disagreeable to you, and which seems indeed to be due to the defendant : that whilst I am pleading for an excellent poet, and a man of great erudi- tion, before so learned an audience, such distinguished patrons of rthc liberal arts, and so eminent a pnetor, you would allow me to enlarge with some freedom on learning and liberal studies - f and to employ an almost unprecedented language for one, who, by reason of a studious and inactive life, has been little con- versant in dangers and public trials. If this, my lords, is granted me, I shall not only prove that A. Licinius ought notJ as he is a citizen, to be deprived of his privileges, but that, if he were not, be ought to be admitted. Sect. III. For no sooner had Archias got beyond the vears of childhood, and applied himself to poetry, alter finishing those studies by which the minds of youth .are usually formed to a taste for polite learning, than his genius showed itself supe- rior to- any at Antioch, the place where he was born, of a noble family ; once indeed a rich and renowned city, hut still famous for liberal arts, and fertile in learned men. He was afterwards received with such applause in the other cities of Asia, and all over Greece, that though they expected more than lame had promised concerning him, even these expectations were exceeded, and their admiration of him greatly increased. Italy Mas, at that time, full of the arts and sciences of Greece, which were then cultivated with more care among the. Latins than now they arc, and were not even neglected at Rome, the public tmnquimtv being favourable to them. Accordingly the inhabitants of Tarentum, Rhegium, and Naples, made him free of their respective cities, and conferred other honours upon him; and all those who had any taste, reckoned him worthy of their acquaintance and friendship. Being thus known bv fame to those who were strangers to his person, he came to Koine in the consulship of Marius and Catuius; Hie first of whom had, by his glorious dee Is, furni.ihcJ oar a noble . ab- ject lor a poet ; and the other, besides his memorable actions, was both a fudge and a lover of poeti . . 1 hough he had not yet reached his seventeenth year, yet no sooner was he arrived than the Lueulli tool; him into their family ; which, as it was the first thafreceived him in his youth, so it afforded him freedom of accefseven in old age; nor was this owing to his great gen ins ;md learning alone, but likewise to his amiable temper and 200 M. T. CICEKOKIS ORATIONES. illis jucumlus Q. MeteNo illi Numidico,et ejus Pio filio : andie- bamr k M. #.milio : vivcbat cum Q. Catulo, et pare et filio : i L Crako colebutui : Lucullts vero, et Drusum, et Octavios, ct Catoncm, t-t totam Hortensiorum domum dcvinctani consue- tudinr enm tcneret, afticiebatur summo honore, quod eum non solum toii-bant, qui aliquid percipere aut audire studebani, ▼ertnn ctiam si qui facte siraulabant. IV. Interim satis longo intervallo, cv^m cfset cum L. Lucullo in Siciliam protecting et cum ex ea provineia cum eodem Lu- cullo deeederet, venit Hcracleam : quae cum efset ci vitas aquifeimo jure ac fcederc, adaenbi 6e in earn civkatern voluit ; idque, cikm ipse per se dignus putaretur, turn auctoritatc, et gratia Luculli ab Heracliensibus impetra\ it. Data est ci vitas 8.1vani lege, et Carbonis, SI QUI FOKDERATIS CIVI I A 1 I~ BUSADSCR1PTI FUISSENT: SI TUM, CUM LFX FERE- BATUR, IN ITALIA DOM1CILIUM HABUISSENT : ET SI SFXAG1M A DIKBUS APUD PR/fcTOREM ES8ENT PROFESSI. Cum hie domicilium Rour.e niidtos jam annos haberet, profefsus est apud pratorem Q. Metellum, Vamiliaris- simuni suum. Si mint aliud, nisi de civitate ac lege dicimus, nihil dico ainplius : causa -dicta est* Quid enim horum infir- mari, Gracchc, potest ? Heracleane else eum adscriptum ne- gabis? adest vir sununa auctoritate, et religione, et fideM. Lu- cullus, qui se non opinari, sed scire ; non audivifse, sed vi- difse; non interfuifse, sed e^ifse dicit. Adsunt Heraclienses legati, nobiliisimi homines, qui hujus judieii causa cum mandatis ct cmn publico testimonio venerunt, qui hunc adscriptum He- racliensem dicunt. HSc tu tabulas desideras Heracliensium poblicas, quas Italico belio, incenso tabulario, interiise scimus omnes. Est ridiculum ad ea quae habemus nihil dicere; qua 1 - ferc quoe habere non poisum us : et de hominum menioria ta- «e*e, literarum memoriam rlagitare : et, cum hat>eas atnpli&imi riri religoncm, integerrhni fnunieipii jusjurandum fidera- que, ea, qu»> depravari nullo modo poi'sunt, repudiare ; ta- Vu! as quas idem dicis solere corrumpi, desiderare. An domi- cilium Ronae non babuit is, qui tot aunis ante civitatem datam, sedem omnium rerum uc i'ortunarum suarum Roma? colloca- \;t ? At non est protelsus 3 immo vero iis tabulis prot'efsus, qua? CICERO-'s ORATIONS. 20 t virtuous difposition. At that time too, Q. Metellu* Numidici^, and his son Pins, were delighted * itli his conversation ; M. j£mi- lms was one of his hearer*; Q. Catulus, U>th tl>e elder and vounger, honoured him with their intimacy; I.. Crafts* courted him; and being united, by the greatest familiarity, to the Luculli, Dnisus, tbe Oetavii, Cato, and the whale Hortensian family, it was no small honour to him, to receive marks of the highest regard, not only from those who were really desirous of hearing him, and being instructed by him, but even from, those who affected to be so. Sect. IV. A considerable time after, he went with L. Lu- cullus into Sicily, and le avin g that province in compauy with the same Lucullus, came to Heraclea: which being joined with Rome bv the closest bonds of alliance, he was desirous of bcini* made tree of it ; and obtained his request, both on account of his own merit, and die interest and authority of Lucullus. Strangers were admitted to the freedom of Home, according ft> the law of Sylvanus and larbo, upon the following conditions : If they were inmlled by free cities , if they had a dwelling in I fall/ when the law poked ; and if -they decUued their inrolment before the itftetor within the space of sixty days. Agreeable to this law, ArcVas, who had resided at Home for many years, made his declaration before the praetor Q- Metellus, who was his intimate friend, ft' the right of citizenship and the law is all I have to prove, I have done ; the cause is ended. For which of these things, Gracchus, can you deny ? Will you say that he was not wade a citizen of Heraclea at that time? Why, here is Lucul- |os, a man of the greatest credit, honour, and integrity, who affirms it ; ami that not as a thing he believes, b it a* what he knows; not as what he heard oi\ but as what he saw; not as what he was present at, but as what he transacted. Here are likewise deputies from Heraclea, who aftirm the same; men. of the greatest quality, come hither on purpose to give public tes- timony in this cause. But here you'll desire 10 see the public regi>ter of Heraclea, which we all krtow was burnt in the Ita- lian war, together with the office wherein it was kept. Now, •I it not ridiculous to say nothing to the evidences which we have,Hmi to .desire those which we cannot have; to be siieTit as to the testimony of men, and to demand the testimony of regi- sters'; to pay no regard to what is aiiirmel by a perion of great dignity, nor to the oath and integrity of a free city of the strict- est honour, evidences which arc incapable of being Corrupted, and to require those of registers which you allow to be frequent lv vitiated? But he did not reside at Rome: what! lie who tor so many years before Silvaniis's law made Home the seat of ail his hopes and fortune? But he did not declare: so far is this ftom being true, that liis declaration is to be seen in that regt- g S9S M. T. CICERONIS ORATIWES. sola: ex ifta profession** collegioque praetor urn obtinet publica- ruua tabularum .auctoritatem. V. Nam cum Appii tabulae negligentius afscrvatx dicerentur ; Gabion, quamdhi ihcolumis fuit, levitas, pos£ damnationem, calamitas, omnem ta!)iilarum fidem resjgnajVet ; jftetellus, houm sanetitsimus modcstifsimusque omnium, tanta, Uiligcntia. tuit, ut ad L. Lentulum praetorem ctad judicss venerit, ct unius nomi- nee litura se commotum else dixcrit. His igitur tabulis nuliam lituram in nomcn A. Licinii videtis. Quas cum ita sint, quid est quod de ejus civitate dubitetis, pra?sertim cum aliis quoque in civitatibus fucrit adsoriptus? N Eteniiu cum mediocribus multis, et aut nulla, aut humili aliqua arte pra?ditis, gratuito civitatem in Graccia homines impertiebantur ; Rhcginos credo, aut Lo- crenses, aut Neapolitanos, aut Tarentinos, quod scenicis artili* cibus largiri soleant, id huic summiX ingenii pracdito gloria, no- luil'se? Quid? cum crcteri non modo ( 4 ) post civitatem datain, sed etiaui ( s ) post legem Papiam, aliquo modo in eoium muni- clporum tabulas irrepscrint; hie, qui nee utitur quideru illis, in (pfcttms est 'script us, quod semper se Hcracliensem else voluit, rejieietur ? ' Census rtostroa requiris scilicet. Kst enim obsurum, proxhnis censoribus, lumc cum clariisimo imperatcre L. Lucullo ^pud exe,rcitum fuifse: supcrioribus, cum codem quavstore tuiise in Asia: primis, Julio et Crafso, nullam populi partem ekecen- saro? Sed quoniam census non jus ciyitatis contirmat, ac tan tummodo indicat, eum, qui sit census, ita se jam turn gefsilsc procivci iis temporibus, quae tu criminaris, ne ipsius quidem judicioeum in civium Rom. jure efee versatum, et testamentum saepe fecit nostris legibus, et adiit hsercditatcs civium Rom. et ( a ) in benetieiis ad ararium dejatus est a. L. Lucullo pia-torc et votisule. VI. Qivrrc argumenta, si qua potes: nunquam enim hie neque suo, neque amicorum judicio revincctur. Quaeres, a nobis, Grac- che, cur tantopere hoe homine delectemur? quia suppeditat nobis, ubi et animus ex hoc forensi stvepitu reficiatur, et aures convieio dctet'sa? conquiescant. An tu cxistimas, aut suppetere nobis poise, quod quotidie dicanuis in tanta varictate reruin, riisi animos nostrbs doetrina excolamus: aut ferre animos taut am (4) Ft)st ci'ilatem datam.] This refers to the law made by Silvanus and Cnrbo, which is mentioned before. (5) Post legem PupifJn.~\ 1 his law derived its name from one Rapius, a tribune of the people, who restored the law made by Fetronius, whereby strangers were forbid to enjoy the privileges of citizens. (6) In tc?wjkiis ad (truriu'm dcljfus est ) It Was usual lor the 'Roman ge- nerals to recommend those to the treasun . who, in the course of a war, had done an} considerable service to the state ; which recommendation, as it did them" no small honour, so it contributed not ~ little to their ad- vancement. vl3 iter, which by that very act, and its being in the custody of gitatione hominum excellentium contbrmabam. VII. Quxret quispiam, quid? iili ipsi summi viri, quorum virtutcs Uteris prod ita: sunt, i&tanc doctrina, quam tu laudibus criers, eruditi fuerunt ? Ditricile est hoc de omnibus connrmare : *ed tauien est certum, quod respondeam. Ego.multos homines •excellent! animo ac virtutc fuifse, et sine doctrina, liatimc jpsius habitu prope divino, per Wipsos et moderatos, et graves e xsi it it 'se fateor ; etiam illud adjungo, sarpius ad laudein atque virtutero naturam sine doctrina, quaui sine natura valuil'sc doc- trinaiu; atqiie idem ego contendo, cum ad naturam eximiaru Atque illustrem uccei^crit ratio qiuedaiu conibrmatioque doc- tiiua. ; turn illud nescio quid prxclarum ac singularc solere ex-r si store ^ Ex hoc else hunc nume.ro, quern patres nol'tii vide- iuiit^ divimuu hominem, ArVicanum : ex hoc C. LaTmm, ■ •'; . — - (7) Tcmpcstivis convirifs*] Such entertainments as began before the or <-lmary hour, which wns *l>out y.'iur, or our three o'clock, and were tbttgtl Mxd out till iute at uight, were called iemtpsstica ovnv:.:u. CICERo's ORATIONS 295 imbent by the amusements of learning T I am fond of these studies, I own : let those be ashamed who haw buried thmu^ebvi in teaming so as to be of no use to society, nor able to pro* ducc any thing to public view ; but why should 1 be ntllHmmU who for so many years, my lords, have never been prctciiled bv indolence, seduced bv pleasure, nor diverted by sleep, from doing geod olhces to others? Who then can censure uie. or in justice be angry with me, if those hours which others employ in businel**, in pleasures, in celebrating public solemnities, in refreshing the body, and unbending the nnod ; if the time which is spent by some in uiiduighs banqueting*, m diversions, and in gaming, I employ in reviewing these studies? And this ap- plication is the more excusable, as I derive no small advantages from it in my [nofefsion, in which, whatever abilities I pofselV, they have always been employed when the dangers of my friends called for their assistance. If they should appear to any to be but small, there are still other advantages of a much higher nature, and I am very sensible whence 1 derive them. For had I not been convinced from my youth, by much instruc- tion and much study, that nothing is greatly desirable in 'life >ut glory and virtue, and that, in tbe pursuit of these, all bodily tortures, and the perils of death and exile are to be slighted and despised, never should I have exposed myself to so many ■and so great conflicts for your preservation, nor to the daily rage and violence of the most worthless of men. But on this head books are full, the voice of the wise is full, antiquity is full ; all which, were it not for the lamp of learning, would be involved in thick obscurity. How many pictures of tho bravest of men have the Greek and* Latin writers left us, not only to contemplate, but likewise to imitate f These illustrious models I always set before me in the government of the state, and formed my conduct by contemplating their virtues. Sect. VII. But wore those great men, is will he asked, who are celebrated in history, distinguished for that kind of learn- ing which you. extol so highly? It were difficult, indeed, to prove this of them all ; but what I shall answer is, however, very certain. I own then that there hare been many men of excel- lent dispositions and distinguished virtue, who, without learning, and by the almost divine force of nature herself, have been wise and moderate; nay, farther, that nature without learning is of greater efficacy towards the attainment of glory and virtue, than learning without nature; but then I affirm, that when to an excellent natural disposition the embellishments of learn- ing are added, there results from this union something great and extraordinary. Such was that divine man Afncanus, whom our fathers saw : such were C. Lselius and L. Furius, persons of the greatest temperance and moderation : such was old M. T.'*'tlCEHOXI*S ORATIONES. £. Furium, rnodestifsimos homines, et coritTnentifsinYoT: ev hc£ tbrtifsimum virum/erillis femp6rrous dc^tilsihnrm, (•fM, ( lf!£fc| ilium senem:^qiii profecto, si nihil ad pei'cii)icnditm cole;i- damqUe"virtutcui r lrter.is"1iJjuvarentiir, riunqtiam se ad earum stndrufn cotitntifcept Qilod si non hie tarftus frtiettis <5sten- deretur, si ex fiis studiis (lelectatio sola peteretur : tamen, ut 6pinor, banc animi remifsionerri'bumanii'simam ad liberalifsiman} judicurctis. Nam civtera, lieque tcmporum sunt, neque atatuin Qraninm, negne locorurh : at ni&c studia adolescontiani 'alunt* senectutem oblcctant, secimdas res orfiarif, adversis perfngiiutt ac solatium jMTt bvnt ; deleCtant dorni, non im}>c'diunt foris ; per- noctant tiobisciiin, peregrinantnr, rusticantur. Quod si ipsi l)xc neque attingefe,. neque sensu hostro gustare possemus, fameri ea, tnrrarf debcremrjs, etiam cum in aliis videremus. VIII. Quia nostrum tarn ammo agresti ac dura fiiit. ( q ) ut Roscii morfe nupet non commoveretur 5 qui, cumefset schc\ r mortuus, tamen prbpler orcellentem artem ac venustatem, vi- dcbatur omnino mofi non dcbuHsc. Ergo ille corporis mom tUntum amorem sibi conciliarat a nobis omnibus : nos animomfq fceredibiles motus, celcntatemnuc ingeniorum negligemus ? feuoties ego hirnc Archiam vidi, judiccs, (utar enim ves'tra be- aignkate, quoniam me in hoc novogenere dicendi tarn diligentef astenditis ;) tjuoties ego hunc vidi, cum litcram scripsifset rmllam \ hiagmim uunerum optimorum versuum de his ipsis rebus, quae {►inn agereutur, dicere extempore? Quoties revoeartfm eandem fem dicere commutatis verbis at que sententfisf qua: vero accurate Cogitatcqne McrirfcHsct, ea sic vidi pmbari, ut ad veterrm fcripto- rtmi laudcin pervencrint. Hunc ego non diligam ? non admirer? iron Oiuni rati one defendendum purem'? Aqui sic t\ summis ho- minibus ertitfitifeimisque accepimus, ca»tcrkfum return stadia, ct „ joctrina; et pfasceptis, et arte constate ; poo tarn natura. ipsa vule- Ve,ct mentis viribusc\citan.et quasi divinoquodam spirit u inHari. •Qua re stio jure poster ille Kntiius sonctos appellat poctus, quod Ijriasi dcorum allqfio dono atque nu'.nere commendati nobis cfse tideantur. Sit igirur, indices, sanctum apud vos, huriftan\fsim6$ homines, hoc poetanomen, quod nulla unquam barbarej; violavit. * (8] Af. Catorievi ilium gsn:m!\ Cicero,*1n his piece, De Claris orator ibvs, a%u\ tM>th;it De senUUtic, iBikw tVt(|utnt nuntion dt' the eloquence d Vl. C'alo, \\Iio ajipliciJ [iini.tjir to the sULuiyot' the Greek lasiguage wheu very o\A ('.' i c V KOSrit )>:.l In but entertain a v« y high npiuion ol merit;' for rti tells i.-, that whife he made the t"ir-t figure o.i ii. Ms art, Ixe via* ivoi'thv oi the »enate Cor his virtues. crdrno's ouatioki. 297 Cato, a man of great bruvery, and tor t lie times, of great learn. tog; who, surely f would never have apphed to ti.e sua . of learning, had they thought it of no service towards tne ucqui* sitioti aud improvement of Virtue. But were pleasure only to be derived from learning wituout jbe advantages we have men- tioned, you unit kill, 1 imagine, allow it to oe a verv liberal and polite amusement. For otljcr studies are not suited to every time, to every age, and to every place; but these give strength in youth, aii J joy in old age; adorn prospe; »tv,and mi the sup- port and consolation of adversity; at home t .ey are delightful, and abroad they are easy ; at night tltey are company to us ; when we travel they attend us; and, in our rural retirements, they do not forsake us. Thouj> »i we ourselves were incapable of them, and had no relish for their cuanns, still we should admire tueui when we see them in others. > Sect. VIII. Was there any of us so void of ta>te, and of so unfeeling a temper, as not to be affected lately with the death of Koscius? For though he died in an advanced age, vet such was the excellence and inun table beauty of his art, t >at wu thought him worthy of living for ever. Was he then so great a favourite with us all, on account of the graceful motions or ait body ; and shall we be insensible to the surprising energy of the mind, and the sprightly sallies of genius ? How often have I seen this Archias, my lords, (for I will presume on your good- nt-fs, as you are pleased to favour me with so much attention in this unusual manner of pleading) ; how often, I say, have I seen him, without using his pen, and without any labour or study, make a great number or excellent verses on occasional subjects ? How often, when a subject was resumed, have I he*rd him give It a different tut n of thought anJ cxpiefsion, vniist those compositions which he huisned with Cure «nd exact nei's were as highly approved as the most celebrated writings of an* tiquity ? And shall I not love this man I Snail 1 not admire him ? Shall I not defend him to t!ie utmost of my 'power? For men of the greatest eminence and learning have taught us that other branches of science require education, art, and precept; but that a poet is formed by the plast.c iarid of nature herself, is quickened by the native nre of genius, and animated as it were by a kind of divine enthusiasm It is with justice there* fore that our Lmnius bestows upon poets t;ie epithet of venerable^ because they ^eem to have some peculiar gifts of the gods to re- commend them to u*. Let the name of poet, then, w .ic.i the most barbarous nations have never propiuned, be revered by you, my lords, who are so great admirer of pohte learning. Hecks aud deserts re-echo sounds; savage beasts are eften 22$i T ' M - CiCEKONU QRA.XIONES. Sajaot ^Huidin^ voci rcsoonuollt> j^^ ^ imjuaj^ ( -ntu flectutuur, atque con si stunt : hos instituti rebus opttniis nnn pueturum voce moveamur? Homertim Colbptiortii cavern ilicunt suum, Chii duuiri vindicant, Sulaimriii lepctuut, Smyrna i vero suuul efse coulirmant ; itaque * etiam uelubruiu iii pjtptdb dedicaveruut ; pcrmulti alii pra-terea pugnaut iritef se, atipic conte'ndunt. " IX. Wjfb itli atutiutn, quia pbeta fuit ? post mortem etiam * l»itunt: no* Uunc vivum, qui et votuntate et lcgftiis noster r^uutliatnus? pra^ertim cum omoc olim studitun, at U'rnum suorurri labor uro facile pr acorn mi^ " patiatur. Themistoelem ilium, suumiura Athenis viruni, dixifce aiunt, cum ex.co qua rcrt'tur, quckI acroama, aut cuju* voccin litoent'ttsime audutt' Fj(is > a quo sua virtus uptime praedicarctur.. haque illeMarius item eximic L. Plptium dilexitv cujus in'genio tuitabat ca, qua gelserat, poise eclebnui. Mithridaticum vero l>ellum magnum* atque difficile, et in multa varietate terra mari- iju6 versatum, totum ab hoc expreisum est; qui libri non modo L. Lucullmti, lortiYsimum et clarifsimum virum, verum etiam populi Roman i nomen iliustr'ant. '* Pojpulus enim Rom. aperuk, Lueullo imperfente, Pontura, et regiis quondam opibus et ipsa na&ura regiom^vallatum : populi Romani exercitus, eodem dace, non maxima manu, inn umerabiles Armeniorum copias fudit? populi Rom. laus est, urbem amiciftimam, Cyzicenor'um, ejus r ctem consiho, ex Omni impetu regio,ac toti us belli ore ac fauci- bus efeptam - efse atque cohscrvatam : nostra semper femur et pfet^icabitur, L. Lucullo drmicante, dim interfectis ducibus de- pfretsa hostium clafsis, et ineredibilis apud Tenedum pugna ilia nivalis: nostra sunt tropaa, nostra luonmncnta, novtri triumplii; cfrfia quorum ingenirs hive tVruntur, ab iis populi Rom. famd cftlebratur. ( IJ ) Cams, fuit Airicauo supcrion nostcr Knuiua; ■ -JEfM ■ ■ ■■■ ■ » . v' ■ ■ ■ ' " ' . , — ^- •^lO-) Saxa et solitudines voci respondent, &c.\ Several commentators hi p. pose that Cicero hero alludes to the table M Orpbeas, whom the poets, m otder to rcprestnt to us the powerful efficacy of poetsv, teipn lo have, charmed timers, fion§, woods, aiul trees, by the mu^C^ol his harp. Ac- citdi^Ejiy they refer voce am) cavtii to the sahV thing: but th«re seems to b« -no- foundation tor this supposition, which revelers the sense of thv pas- sage lets, beautiful; and destroys, in some measure, the gradation in the ofator.s reasoning. C. JMuT'io, cj^i durior ad hicc stadia vidvbatur.~\ The merit of Marjus V%s ahogetl'.er milHary; he was void of every accomplishment of learning, v'hich he openly affected to despise; . •"" ..." \\ l 2^ Cams Uiit Jfricono svperiori rtosfer Erjnius.~\ Ennius was an ancient pufli # b^>ru at liudia^ a town o£ CatuL ria.. Tc. wrote several things/of which. -ofiTy a few fi^ment^ have reached us. Hear w hat 1 lorac.e says of him : Py/viux ipsa pater mtnquavi ?usi pcius ad arn;a t fyosiluit dicenda. CICERO'S OftATlON*. 290 toothed by music, and listen to its charms ; and shall we, with all the-advantages of the best education, be unaffected with the voice of poetry? The Colophonies give out Mat Homer is •faeir countryman, the Chians declare that ne is tncirs, the Saiaminian* lay claim to him, the people of Smvrna affirm that Smyrna gave him birth, and"hare accordingly dedicated a tem- ple to him in their city: besides these, manyotner nations con- tend warmly for this honour. Sect. IX. Do they then lay claim to a stranger even after 1ms death, on account of his being a poet ; and snail we reject this luring poet, who is a Roman both by inclination and the U** of llo.ne, especially as he lias employed the utmost efforts; of his genius, to celebrate the glory and grandeur of tie Roman people/ for, in his youth, he sung the triumphs of C Marius over the Citnbri; and even pleased that great general,, who hud hot little relish for charms of poetry. Nor is there any person so great an enemy to the muses, as not readily to allow jthe poet to- blazon his fame, and consecrate his actions to immor- tality. Themistocles, that celebrated Athenian, upon bein^ asked what music, or whose voice was most agreeable to hinx? is reported to have answered, That mans u y /tv coM best cM- brute -his virtues. The same Marius too had a yery high regard for L. Plotius, whose genius, he thought, was capable of doing justice- to his actions. But Archias has described the whole Mithridatic war; a war of such danger and importance, and so very memorable for the great variety of its events«both by sea and land. Nor does his poem reflect honour only on L. Lu- oulhis, that very brave and renowned man, but likewise adds lustre to the Roman name. For under Lucullus, the Roman people penetrated into Pontus, impregnable till then by means of its situation, and the arms of its monarclis; .under him the Romans, with no very considerable force, routed the number- l«fs troops of the Armenians; under his conduct too, Rome has the glory of delivering Cyzicum, the city of our faithful allies, from, the rage of a monarch, and rescuing it from tjfie devouring jaws of a mighty war. Tie praises of our Meet shall ewer be recorded and celebrated, for the wonders performed at Tenedos, where tie enemy's ships were sunk, and trieir com- manders slain: Such are our trophies, such our monument*, such our triumph-;. Those, therefore, whose genius describes these exploits, celebrate likewise the praises of the Roman name. Our Ennius was greatly beloved by the elder Africanus, Scipio Africanus had a great regard for him ; and, according to Valerius Maximus, erected his statue among the monuments of the Cornelian family. V2 500 M. T. GieiHONlS ORATIONES. itaque etmni' in sepulcbro SciptonuA ptitatur is else constitute e marmore. At lis laudibns cei te doii »oJuni ips),,^ iauUantuf, sed eriam popufi Rom. tr ;uen oniatur* (") lu ccjlIuiu irujus proa v us i'ato tollitur; uia^nus honos popuii Rom. rebus adjuu* €T«t%tr ; omnes deiiique ilh Maxuui, >WceHi, Fulvii w>u tu* cummuni omnium nostium laude decorantur. X. Kr«*o iIItlld, qui ha c fecerat, Rudium ljominem mujwes wxtri in civitatem reOeprrunt : nos hum: lleracliensem, inukis civitat,ibus expetibum, in hac autcm le^ibus constitutmn, de nostra civitate ejicjemus ? Nam si quis minorem glorke tructuru :mcnter ibu*,. i re? live, qua* pefshnus, orbis tome reg4onibus deviniuntur; cupera. defctemu's, 0,110 minus manuum nostr^rum tela pcrvty^ruit,codQni». gtoViu r rti fariiamqne p^hetrare: (mod .cv»U. q*>is _popuus, dm> qOWKmrfcHim scribituf, Iulc auipla sunt ; turn us certe, qui do. van' £lori& causa dimicant, hoc maximum et pericuiorum ju>r chitmrtttmn est, et iaborum.. Qaam mujtos senptores reruui sifttNmY fnagnus ilte Alexander sccum bab.uiise djcitur.* Atquc •i^tirm^iiciun in Sigeo act Achillis tuumlum adstiuiset, U.t'or* tQ'fiuti^'incrujt, adolescents, qui tua? virtues Homeruni pracooeia iiweneri*.l agt v^re; naui ni*i liias ilia exstitifset, ije» tumulus*. qWl Corpus cjftsicbntVxeiat, nomenetiam obruil'set. Quid ? noster hitf'Maguus, qui cum virtute ibrtunam adavquavit, nonueTheo- phatlem Nfit£lcnaum, scriptorem reruui suaium, in concione upturn bivitate donavit .?_ et nostri ilii fortes vni, sed rustic! ac. iuwrv*,' ! dulcediiie quadam gloria- commoti* quasi participese'^u*-^ detthflandis, uiagno illud eiamoro approbaverunt j Itaque, credo, .-. si cltirf'Koru. Archias Ie»*bus non el^etj ut ab ;diquo unperatore civitate donaretiir, perficere non potuit? Svifa, cum Uispanos etfOa^tj donavct, credo, hunc petentem ren\idiai*set : quern uus in co'ncfone vidimus, cum ei liueilum inalus poeta de popuio sur>jeCii* ' ; . . , ; • •• crcR*o*s O* AT 10 VS. 301 4Hi& T 1ibC0ttimtfY he is thought to huve a marble statue amongst tAtV^nonumciitt ut' the ScipioV But those praises are not ap- -|W*Of>rtat«irtot>ieiuHriiMliat^sul)'jwt>iof thoin ; rhe whole Uoman people has a *h*re1tf them. Cato, tin- an« t<»r pj " the judge. ncre present, is highlv celebrated for his virtues", ami from this the Unmans themselves derive great honour: In a word, the M**fmt, the Marcolli, the Fulvii cannot be §ra^Jj without pi^mgevfrrv Roman. • Ke^t. X. DM our ancestors then confer the freedom oi Koitie'on hhu who sung the praises of l»er heroes, on u native of Knd;r , and shall we thrust this Ilcracleuu out of Home, who MM been courted by many cities, and whom our laws iiavc i*lA that bw glory and fame should extend as fai as our arms: fqr as thebe operate powerfully on the people whose actions are re- corded j so to those who expose their lives for the sake of glory, they are the grand motives to toils and danger?. How many persons is Alexander the Great reported to have carried along with him, to write his history I And yet, wtoeii lie stood by the tomb of Achilles at Sigivum ; Happy youth, he cried, who cookl find a Bonier to blazon thy fame ! And wliat he said, was*rue; for had it not been for the* Iliad, his ashes auhip on G.tulsau d Spaniard*, Pave refused the suit of Archias ? That S\ lla whom we saw in an afscmbly; when a bad poet, of obscure L :n, presented him a petition upon the merit of havmg written an epigram in his praise of unequal hobbling verses, order him to be instaauv ie»- warded oujt ol an estate he was selling at tiaa U ne, on jondition he should write no more verses. Would he, Who even tl eigb\ the industry of a bad poet worthy of some reward, not have been fond of the genius, tin.' spirit, and cl»». r icn< i of \rc. »as ; Could our poet, neither bv tusou u interest, nor Out ol the LucuUk 302 M. T. dO£B.OKIS O8.ATI0NES. qui civitate muttos donarit, neque per se, neque p*r Luc*U*> impc trartfset > qui pr^sertim usque eo de su^ rebus scnbi cuperet, etiam (■'*) Cordubae nutis poStis pingtie quiddam sonai>- tibus atque pevegrinum, taxuen aures &ua* dederet. XL Neqne enim est hoc dtfsimulandum, quod obsjpurari non potest ; sed pr?e nobis farendurn ; trahimur omneslaudis studio, et optimus quisque maxime gloria ducitur. liii i'psi philosophy etiam in iilis Jibellis, quos de contemnenda gloria scribuni, nomen suum inscribunt: in eo ipse, ia quo pra v dicationeui uouilitaten&que despicjunt, praedjcari se ac nominari vol nut. ( ,$ ) Decimus quidem Brutus, summits ille vir, et imperator, (*") Attn, amiciisioii su> carrainibus, tenapiorum ac raonumen- tqrum aditus exornavit quorum. Jam vero ilje, qui cum ^Etolis, Ennio comite, btdlavit Fulvius, lion dubitarit Martis maauhUs musis consecrare. Uu^re, in qua urbejraperatores prope armati poeurum iiotnen, et musarum delubra coiuerunt, in ea uon deocnt togati judices a musarum lionore, et i poeuirum salute abhorrere. Atque ufc id libeotius taciatis. jam me vobL, judices, indicabo, et de meo quocLam amore flora; nimis acri t'ortafse, verumtauien honesto, vobis conntebor. fain quas res nos in cousulatu nostro vobiscum simul pro salute aujus uybi$ atque imperii, et pro vita crviura, proque uplvecsa republ. gekimus, (') attigit hie versibus, atque in- choavit : quibus auditus, qu^d mihi magna res et jucunda visa est, liuuc ad perriciendum hortatus sum. Nullam enim . virtus aliam raercedem luborum periculorumque desiderat, piaster hanc laudis et gloria* : qua quidem detract!, judicea, quid est quod in hoc tam exiguo vitse curriculo, et tarn bnevi, tantisnosUboribusexerceamUs ? Ceite si nihil animus praesenti ret t in posterum, et si, quibus regionibus vitse spatium circumscrip- tum est, eisdem bmnes cogitutiones terminaret suas; nee tantis se li&oribus 'frangeret, ncque tot curis vigiliisque angeretur, neque toties de yita ipsa diiuicaret. Nunc insidet quaedam in optimo quoque virtus, quae nocteset dies animum gloriae stimulis roncitat, atque admouet,- non cum vita? tempore else dimitten- dam commemoratibnem npminis nostri, sed cum omni posteji- tate avkequ.vi'd an. (14) Cordubte natis pe'etis') Corduba was a city of Hispania Bfctica ; it £ave birth to several bad potts, whose barbarous and bombast manner of witting Cicero here touches upon. (15) Decimus quidem Brutus, summus iltexir.'] This pecimus Brutus wa$ eonsui vith $c»f>tf> in 4be >ear «>f Borne 6IG, and going general into Spain routed sixty thousand of "the Gallaccians, for which he got the surname of £aH«cius. (it) Attii, atnicifsimx sui carmimbvs] Thjs AUius, or Accius, was a dramatic poet ; he is mentioned in the tenth satire of the first book of Horace : Nil comis trcgici mutat Jbtci/ius Jcci T - (17) Atti£it hie icrsibus, atque inchvavii.] From the great character given CICERO^ ORATIONS, 30 i have obtained from his intimate' tVicnd Q, Metdlus P'Ui LUc freedom- of Rome, which he bc.-auvxed .so .freuucntly upo;i others? Ksjxxially as Mctellus uas .->o wry desirous ot' haying his actions celebrated, that lie wo* i :vcu suincwlut i4ea.sed w»th the dull and barbarous verses of the poets bom at Coraubu. Skct. XI. Nor ought we to d&emt»!e this truth, which Can- not be concealed^ but dclrre it open!\ we arc all influenced bv the love of praise, iand the greatest mind's* Have the -rc.tr.'i pahuon for glorv. Trie philosopher* thcTnse'Nes prefix t names to those books wTiicli tney wrjtd upon the contempt of glorv ; bv which thev show that they are desirous of praise and fame, wfiile they affect to elegise the.n. Decimus Hrmu>, that great commander and excellent man, attorned the monu- ments *>f his family, and the jiaUTs of his temples, with tjiV verses "of his intimate friend, Attius, and Fulvius, who matte war witft' the /KtoUans, attended by Knhius, did not scruple to consecrate the spoils of Mnrs to the inifse>. In that city there fore where generals, with their anus almost h> their hands, have reverenced the shrines of the ' mu-es and the natiie of pb'eti; surelv magistrates in their robes and in times of peace, ought uot to be averse to honouring the one, or protecting the oth$k\ And to engage you the more readily to -this, my lords, I will lav open the very sentiments of my heart before yob, and freely confets my pafsion for glory, which, though too keen perhaps, is however virtuous. For what I did in conjunction with you, during my consulship, for the safety of this city and empire* for the lives of my fellow-citizens, and for the interests of the state, Archias intends to Celebrate in verse, and has actually begun his poem. Upon reading what he has wrote, it appeared to me so sublime, and gave me so much pleasure, that I en- couraged him to go on with it.' Tor virtue desires no other reward for her toils and dangers, hut praise and glory : take but this away, my lords, and what is there left in this short, this scanty career of human, life, that can tempt us to engage in so many and so great labours' Surely, if the mind had no .thought of futurity, if she confined all her views within those limits which bound our present existence, she would neither waste her strength in so great toils, nor bar rats herself with so iwdny cares and watehings, nor struggle so often for life itself : but there is a certain principle in the breast of every good man, which both day and night quickens him to the pursuit of glorv, ami puts him in mind that his fame is not to be measured bv the extent of his present life, but that it runs parallel with the line of posterity. of the talents and genius of Archias, we .cannot help rctrrettin^ the eiitir<* lofs of his works. Mis poe;n on Cicero':, consulship, was probably never iNiEsbed.iaiLtfe.jtuU no farmer mention of it in any of lus Utter writyigs. Stuni duserifous, Dobiscum ruimI moritura on una ariaittre-mur ? An cum statuaset imagines, nou animorum simu- lacra* pod corporum, studiose rnulti sumini homines reliquerunt, con^ibu^uiU'iclin (uere ac virtutum nostrarum eftigiem uonne multo Biaiie deueiiius, summJM in gen us cgpre&am ct pohtana? Egy ver© omnia, quae gerebam, jam turn in gerendo spargere rue ac ddsuminarearmVabar in 01 bis terra 1 menioriam senipitctv na#a. Haec vero *ive a nneo sensu post motteoj abfutura sum, M^e, ut, - ^pientifsimi homines putaverunt, ad aliquam annul mei partem pertipebunt, nunc quiuera certe cogitatione qufidam, s ^0qne Selector. Quare, conservate, judices, homiuem pudore ep* quern amicorunxMudiis videtis comprobari turn dignitatc, turn etiam venusute: ingenio autem Unto, quantum id con» veniKftKi'sfctnai'i, quod summoruui hominum ingeniis expe* tiuiw else v;dea i*;caisa vero ejusmodi, qua; beuehcio l^gis, au^orkate munjeipn, testimonio Lucuiii, tabulis Metellt corn* pjjoj^etur. Qua; cum ita shit : petimus a vobis, judices, si qua npn roodo luunana, vcrum ctiam divina in tantis negotiis corny i^^datio debet else ; ut eum, qui vos, qui vestros imperatores^ qu^populi Roman i rest gestas semper ornavit, qui etiam his recentibus nostris vestrisque domesticis periculis, sternum se testimonium Juudum daturum eTse pro6tetur> qui que est eo numta-o^ qui. semper apud omnes sancti sunt babiti atque dicti, *if.in 4 yestran» jaccipiatis fidem, ut huma«i$ate vestr,* Jeratua pot\us,t quam acerbitatei violatus ejie videajtur. Quae de causa* px^mea consuetudme* brcviter simpliciterque dixi, judices, ea conftdo prolxita efse omnibus: qua? non fori, peque judicial! cMX*ieWfc- T M 30$ ^ior. XH . €jb wcv «who *re eng*ged4n *h« affarfiof*he stnte, anil iuUbmanv toils atltl dungers, tumk lo meanly, as 10 imagine tout, alter a lite of uninterrupted Care and trouble, notniog^hall" remain of a* after death ? If many aft'* greatest men Uavi beet* careful teiietrT«:»ie«r$uttw^nci jjicttt#es,-e mv consttioiteue& of tfcia at death, or whetherras the wisest mcn'ttav*c*thotIgtat7 nflfalT*-"* tain > it :- after, «l present the thought dttUg .«■* me, and nfcv mind i* tidied -vtiti* piecing hopes, Dondt then deyrire us^tt^Jovds*, » of. a man whonv modesty, a gracetut numner, en^aging 4 ^^ 1 ' vioqr, e register of AjetoikiS. , *Tl lis being tjhc case, we be^ of you, mv lords, sino** ioriuttters* of sudb importance, not only the mtercei'sion of men, but of gods, is necefsary, tiiat the man WfeW has aUvavs cele- brated your virtues, those of your "eneraJs, and the victorhss, of die Roman people; who decLreN teat he will raise eternal mouuments to your % prise and- mine, for Our conduct in Otordatfe dpoiesric dangers, and who is 01 the number ot t.iose t *at Imte 7 e«er been accounted and pronounced divine, may be so pro- tected by you, as to have greater reason to apptaud your gene- rosity, than to complain ot your rigour. What I have -said) mv lords, concerning 'this cause, witi my usual brevity and simpli- city, is, 1 ana confident, approved by ail : what I aa^o advanced upon poetry in general, and the genius of the defendant, con- trary to the usage of the forum and the bar, will, I hope, oe taken in good part bv you ; by him who presides upon the bench, I am convinced it v. ill. m*mm — ■ i . i timtjm ORATIO X* PRO M. COELIO* pip . ' . *.. i " i urn r i I quis, indices, fbrte nunc adsitigaiariis tegiira, judictofnttfi, cimsuetudinis . iroatrae ; miretur profecto, q&e sit tantk O atrcteitas huio&ctexrjfis*, quod diebas testis, ludisqufe pabij^. witnihas negotiis forensibus Tnteroaifcisv-iiiium hoc judiciflfti t«*tencdatafrl net dubitet quin tanti facinoris tcus 'arguatur, tft, ««l iieglecto, civitas stare iron pofjif; idem, cum audiareflfe 4egten% ~qu« de seditfosis consceleratisque crvibns, qui armati : nenatum obsederint, niagistratibus vitu^attnieTint, rempublican) *>ppUgnariht, quotidie quairr jubeat; ieg^di'Dob ir»pire4*#; oitften quod vei&etur in judicio, requrrat : cotH audiat, nullum .iaciiras, nullum audaclam, anMam vim in judicrnrii vocari ; sed ^adolescentem itiustri ingenio, indusrria, gratia, arcn sari ab e\\\s (flfcy (*} qnetn ipse in judicium «t tocet; et YOGAm;.' oppngnari auterh tijaibtis- meretriciis -, Atnrtmi illiirt pietatem rion renrri- "iKIfrtat, mnhebrem hbtdinem comprimendam putet : vos JBK- -fiwsfcs eitiktfaner, qnibnfe otinsiv n© m conimunr quidbtw otib, '^toflt efse. Ktenlm si aftemlere- diligenter, exfstmiare vfcrS $e worn hiq causa TOluerrtte ; sic congtit«eti»;judices;TJeb-tiesceii- 'fcfcrttia queinquam ad 1ianca«ou9attoneini«^jcui > 'titt^ veitef, ' ^^^ftfcwt^tfiHwas a.ymfn* g*mh rharf of equestrian rank/ of a £ne ^yeiiuU and f«reat accomplishmeuts, trained tthdcr the dritl^irtrffcf Ctcerb ^fiimifltfs to whose ewe he was committed Jt>y his father, iijivn hts ;6rst jn- ttoduction into the forum. Before lie was of 4ge to bold any magistracy* had distinguished himself by two public impeachments; the one of < . rtntoriiu*. Cicero's collca^e in-ine-coimriship, for conspiring against the state; the other of L. Atratinus, 4br bribery and corruption. Atra- tinus's son revenged his father's quarrel, and accused Coelius of public vio- ""leTTce, of beinc the friend of Catiline, of Being conce?H'ecf in the afsafsiha- tion of Dio, the chief of the Alexandrian embafsy, of an attempt to poison . .-C'itnfcfrthe sister o/ Clod iti*, a lady of an infainous character, and of se- veral other primes. Cutltus had been.Clodia's gallant, and hvr resentment lor his slighting her favours was^e reaj suurce of al| h$^t*oui)le. in this oration, which was made in the 697th year of Rome, and 5 1st of Cicero's age, he is defended by Cicero, aud was acquitted. ORATION X. FOR CO EL I US. Sect. I. TF it should happen, my lords/that there- is any one A present who is unacquainted with our laws, our judicial proceedings, and the forms of .our, courts, it must cer- tainly be matter of surprise to such a person, what can render this cause of so very heinous a nature, that it alone should' be tried on festival days, during the celebration of public sports, and a total suspension of businefs in the forum ; and he will un- doubtedly conclude, that the accused is charged with crimes of so atrocious a nature, that not to inquire into them, would be to overturn the state. When this person shall be told, that there is a lav/ -for bringing to trial, on any day, such seditious and profligate citizens as have in arms beset the senate, offered violence to the magistrates, or made an attack upon the com- monwealth, he may still, without disapproving the law, desire to know what crime it is that is trying. And when he is in- formed that there is no crime depending, no audacious enter^ prise;, no act of violence; but that a young man of distin- guished genius, application and interest, is accused by one whose father has been for some time past, and i-s at this, present time, under prosecution at his instance ; that he is attacked by the power of a prostitute ; he will not blame the piety of Atratinus, will think that a check ought to be given to female lewdne'fs, and will look on yours as a laborious office, who, even during a season of general festivity, cairhave no relaxation. < If, my lords, you consider this whole cause attentively, and form a proper judgment concerning it, you must conclude, that no one (1) Que?} i ipse hi judicium et vocet, et vocaret.'] Coelius had some time be- fore impeached L. Atratinus, the father, for bribery, of which he was ac- quitted ; and had now brought him to a second trial. 30$ M. T. CICERONIS ORATIONES. Jiceret; nee, cum descendifset, quidquam habiturum speifuifse, nisi alicujus intolerabili libidine, et nimis acerbcr-odioniteretur ; sed ego Atratino, humamfsimo atque optimo adolescent!, meo Fseceikirio, ignosco, q i habet excusationem vel pietatis, vel itecefsititis", vel abatis : si voluit accusare, pietato tribui ; si jafsus est, necefsitati ; si sperayit aliquid, puentiae , caeteris non kapdp nihil ignoseendum, sed etiara acriter est fesistendum. II. Ac mihi quideni videtur, judices, hie introitus defensionis, adolescentiaD M. Coelii maxime convenire, ut ad ea qua? acc.u- satores, deformandi hujus causa, detrahendae spoliandaeque dignitatis gratia dixerunt, primum respondearn. Objectus est pater varie, quod aut parum splendidus ipse, ant parum pie tractatus a ftho diceretur. De dignitate, Coelius notis ac ma- joribus natu, etiam sine meaoratione, tacitus facile ipse respon- dent ; quibus antem propter senectutem, quod jam diu minus in faro nobiscam versatur, non acque est cognitus; hi sic habeant : cjuacctmque in equite Romano dignitas else posit, quai certe potest else maxima, earn semper in M. Ccelio habitam -else sum- mam, hodieque haberi, non solum a suis, sed etiam ab omni- bus, quibus potuerit aliqua de causa else notus. Equites autem Komuni else filiuni, crmiinis loco poni ab accusatoribus neque his judicantibus oportuit, neque defendentibus nobis. Nam quod de pietate dixistis, est quideni ista nostra existimatio, sed judi- cium certe parentis: quidnos opinemur, audietis exjuratis; quid parentes sentiant, lacrymaa matris incredibilisque mccror, squalor patris, et Kaac presens mcestitia, quam cernitis, luctusque decla- rat. Nam, quod est objectum, municipibus efse adolescentein ^on probatum suis: nemini unquam pnrsenti Puteolani majores mores habuerunt, quam absenti M. Ccelio : (mem et absen- tern (") in ampliisimum ordinem cooptarunt, et ea non petenti iletulerunt. qua multis petentibus denegarunt : iidemque nunc lectifsimos viros,et nostri ordinis, et equites Romanoscum lega- tion e ad hoc judicium, et cum graviisima atque ornatiisima lau- datione miserunt. Videor mihi jecilse f'undamenta defen- sionis meae : qua.- firmifsima sunt, si nitantur judicio suorum j (2) In ampiifsimum ordinem cooptdrunf] The municipia were commonly corporations, or iufrauchised places, where the natives were allowed tht use of their old laws and constitutions, and at the same time honoured with the privilege of "Roman citizens. They had a little senate, which they called curia, and the senators were called decuriones. It was into thi: order Calms is here said to have been inrolled. ClCERo's ORATIONS. 309 would have been an accuser in it but by constraint ; nor, if he had, would have entertained any hopes of succels^ but from the intolerable humour and furious resentment of some other person. But I pardon Atratinus, who is a young man of great humanity and virtue : my friend ; and may plead piety, necefsity, or age, in his excuse, If he accused Ccelius voluntarily, I impute it to filial piety; if by command, to neceisity ; if from hopes of suecefs, to youth. The' other accusers must not only not be pardoned, but they must be opposed vigorously. Sect. II. Now, my lords, the youth of Coelius seems to me to require, that I open my defence by replying to what his ac- cusers have advanced in order to stain his character, to detract from, and deprive him of his dignity. His father is differently represented ; either as not making a genteel figure in life, or as being disrespectfully treated by his son. As to the figure his fattier makes, I need say nothing ; old Ccelius himself, to such as know him, and are advanced in years, without opening his mouth, is a su^icient reply. With regard to those who have had but few opportunities of knowing him, as his years have long since obliged him to leave off coming to the forum, let such know, that whatever dignity the character of a Roman knight can admit of, and surely it can admit of the greatest, has ever been thought to be displayed by M. Ccelius in its highest lustre; and is still, not only by his ow r n relations, but by all who have had occasion to know him. That Ccelius is the son of a Roman knight, should never have been urged by the prosecutor as an accusation, when you, my lords, were on the bench, or 1 at the bar. As to what you have alleged in regard to his piety, we may indeed give our opinion; but it belongs surely to his parents to determine concerning it. What our sentiments are, you will hear from the evidences on oath; what those of his parents are, is evident from the tears and in- exprefsible sorrow of his mother, from that air of dejection in the countenance of his father, and that mourning habit wherein you see him appear. It is farther objected, that this young man is not agreeable to his fellow-citizens : in regard to this, the inhabitants of Puteoli never bestowed greater honours on any one when present, than they have on M. Coelius when absent ; they have, in his absence, inrolled him into their high- Zest order, and conferred upon him, unasked, what they have denied to the solicitations of many ; they have likewise sent to this trial, persons of the greatest distinction, both senators and Roman knights, with the strongest and fullest recommendations, Methinks I have now laid the ground-work of my defence ; and a strong one it is, if it rests on the judgment of those with wjiom Ccsuus is most intimately connected. Nor could his age 310 M. T. CICERONIS 0RATI0NES. neque enim vobis satis commendata hujus setas'efse pofset, si noil modo parenti tali viro, veriun 'ctia'm municipio tarn illustri ac tarn gravi displiceret. III. Equidem, utad me revertar, ab .his fohtibus profmxi ad hom'.^um famam : et meus hie forensis labor vita que ratio dima- navit ad existimationeni hominum paulo latins, commendatione ac judicio meorum. Nam, quo'd objectum est de pudicitia, quodque omnium accusatorem non criminibus, sed vocibui maledictisque celebratum est, id nunquam tarn acerbe feret M. Ccelius, ut eum pceniteat non der'ormem else natum ; sunt enim ista maledicta pervulgata in omnes, quorum in adolescen- tia forma et species fuit liberalis. Sed aliud est maledicere, aliud accusare ; accusatio crimen desiderat, rem ut definiat, hominem ut notet, argumento {TiObet, teste confirmet, male- dictio autem nihil habet propositi, prater contumeliam : qua? si petulantius jactatur, convickim ; si facetius, urbanitas nomina- tur. Quam quidem partem accusationis admiratus .sum, et moleste tuli potifsimum efse Atratino datam ; neque enim dece- bat, neque setas ilia postulabat : neque id quod animadvertere poteratis, pudor patiebatur optimi adolescentis, in tali ilium oratione versari. Vellem ( 3 ) aliquis ex vobis robustioribus hunc maledicendLlocum suscepifset ; aliquanto liberius, et fortius, et magis more nostro refutaremus istam maledicendi licentiam. Tecum, Atratine, agam levins, quod et pudor tuus moderatur ©rationi meee : et meum erga te, parentemque tuum beneiicium tueri debeo. Illud tamen te else admonitum volo : primum qualis es, talem te efse existimes : ut quantum a rerum turpi- tudine abes, tantum te a \ erborum libertate sejungas : deinde lit ea m alteram ne dicas, qua? cum tibi falso responsa sint, erubescas; quis est enim, £Ui via ista 11011 pateat ? qui ista aetati [atque etiam dignitati] non pofsit, quam velit petulanter, jetiam si sine ulla suspicione, at non sine argumento maledi- eere ? Sed istarum partium' culpa est eorum qui te agere volue- runt : Jaus pudoris tui,,quod ea te invitum dicere videbamus : ingenii, quod ornate politequc dixisti. IV. Verum ad istam omnem orationeni brevis est defensio j nam quoad aetas M. Ccelii dare potuit isti suspicio'ui locum, fuit primum ipsius pudore, delude etiam patris diligentia, discipli- (3) Aliquis ex vobis robustioribus, &c] By robustiorcs, Gicero means liereimius Balbus, and others, who had a share in this prosecution, and were farther advanced in years than Atratinus. 311 have sufficiently recommended him to your favourable regards, had he fallen under the displeasure, not only of such a father, but of so Worthy and illustrious a corporation. Sect. III. To return to myself ; from this source it is that my reputation flows ; my labours at the bar, and the course of hie in which I am engaged, have diffused themselves wider among mankind in consequence of the praises and judgment of my friends. As to what is urged against him by all his accusers in regard to chastity, supported indeed not by facts, but mere assertions and slander ; Ocellus will never feel it so sensibly as to regret that he was not formed ugly by nature; for such scandal is common against all who have been distinguished in' their youth by a graceful air and a genteel figure. But ta scandalize is one thing, and to accuse another. An accusation Requires a crime, and this crime must be fixed ; it must mark out the person, be proved by arguments, and confirmed by evidences: scandalizing has nothing in view but contumely; which if it is urged with petulence, becomes.abuse ; if pleasantly,' polite raillery. I was indeed surprised, and not a little con- cerned, that this part of the accusation should chiefly fall to Atratinus ; for it was not a part that became him, nor was it proper for his age \ and, as you might have observed, the modesty of the worthy youth would not allow him to treat a subject of so indelicate a nature. I wish some of you veterans had undertaken this province, I should then have given a check to that wantonnefs of scandalizing with more strength and free- dom, and more in my usual way ; with you, Atratinus, I shall deal more softly, both because your modesty is a restraint upon Rie, and because I think it my duty to preserve my friendship for you and your father. Thus much however, I would put you in mind of: in- the first place, to entertain a just sense of your own real character, and to keep as great a distance from all indecent freedom of speech, as you do from every thing that is base and indecent in action ; and, in the next place, never to charge another with what would muke yourself blush, were you charged with it unjustly. For who is there that may not tread the path of scandal? who that may not, with what petu- lance he pleases, scandalize such youth; and, how blamelefs soever, make it in some measure appeal* guilty ? But the blame of what part you have in this accusation, must fall upon those who imposed it upon you: to the praise of your modesty be it said, that we saw you speak with reluctance ; and to tiiat of your genius, that you spoke with elegance and politenefs. Sect. IV. There is however a short answer to all this; for as long as the age of Ccelius exposed him to such suspicions, it was guarded first by his own modesty, and then by the vigi- 3 312 M. T. CICERONIS ORATIONES. naque munita: qui lit huic virilcm togam dedit, nihil dicam hoc loco de nie: tantum sit, quantum vos existimatis: hoc dicam (+) hunc a. patre continuo ad me' efse cleductum ; nemo nunc M. Ccelium in ijlo setatis ilore vidit, nisi aut cum patre, aut mecuuj, aut in M. Crafsi castifshna. domo, cum artibus honest- ifsimus erndiretur. Nam quod Catilina) fannharitas objecta Coelio est, longe ab ilia suspicione abhorrere debet; hoc enim adolescente, scitis consulatum mecum petifse Catilinam : ad quem si accefsit, aut si a, me discefs.it unquam, quamquam multi boni adolescentesilli homini nequam atque improbo studuerunt, turn existiroetur Cnelius Catilinam nimium iamiliaris fuiise. At enim postea seimus et vidimus efse hunc in illius amicis. Quis negat? sedegoiilud tempus atatis, quod ipsum sua sponte in- firmum, aliorum libidine i n test um est, id hoc loco defend©; i'uit afsiduus mecum, piatore me: non noverat Catilinam i Africam turn praetor ille obtinebat: secutus est annus; causam de pecuniis repetundis Catilina dixit; mecum erat hie: ( 5 ) III i. ne advocatus quidem venit. unquam ; deineeps fuit annus, quo ego consulatum petivi : petehut Catilina mecum ; n unquam ad ilium accefsit, a me nunqua.m recefsit. V. Totigitur annos versatus in foro sine suspicione, sine in- famia, studuit Catilina? iterum petenti. Quem ergo ad finem putas custodiendam illam aetatem fuifse r Nobis quidem olim annus erat unus, ad cohibendum brachium toga, constitutus, et ut exercitatione ludoque campestri tunicati uteremur : eadem- que erat, si statim mereri stipendia cceperamus, castrensis ratio acmilitaris; qua in getate, nisi qui se ipse sua gravitate, et castimonia, et cum disciplina domestica, turn etiam naturali quodam bono defenderat ; quoquo modo a suis custoditus efset, tamen infamiam veram effugere non poterat. Sed qui prima ilia initia aetatis integra atque inviolata praestitifset ;' de ejus fama ac pudicitia, cum Is jam se corroboravifset, ac vir inter viros efset, nemo loqtiebatur. Studuit Catilinse, cum jam aliquot annos efset, in foro Ccelius, et multi hoc idem ex omni online (4) Hunc a patre continuo ad me efse deductum.'] Of all people the Ro- mans were the most exact and careful in the education of their children. When young gentlemen had finished the course of their puerile studies, it was the custom to change the habit of the boy, for what they called the manly gown ; and on this occasion they were introduced into the forum with much solemnity, attended byali the friends and dependents of the family; and after divine riles performed in the capirol, were committed to the special care of some eminent senator, distinguished for his eloquence or knowledge of the laws ; to be instructed by hiin in the conduct of civil affairs, and to form themselves by his example for useful members aud magistrates of : the republic. Thus Ccelius was placed junder the care of Cicero, who had himself, as we are told in his piece De am/citid, been placed under that of Scajvola, the principal lawyer, as well es statesman, of that age/ (5) Wine adtocatu* quidem venit unquam.'] By advocates Is here meaat CICERO S ORATIONS. 313 lance and instruction of his father, who as soon as he gave him the manly gown, (I shall say nothing here of myself, my cha- racter is submitted to you; but) this I will say, he was directly brought by his father to me. No one saw this M. Cceiius in that bloom of life, but either in company with his father, or with me, or in the chaste house, of M. Crafsus, where he was instructed in the most liberal arts. As to the familiarity with Catiline which is objected to Cceiius, there is not the least ground for such suspicion. When he was a lad, you know "that Catiline stood with me for the consulship : If at that time he ever kept him company, or if ever he left me (though many worthy young men were attached to that wicked and abandoned fellow) then let him be thought to have been too familiar with Catiline. We know, however, that he was afterwards among the friends of Catiline, and saw him among them. Who denies it? But I am only defending that period of life, which of itself is naturally weak, and liable to be in- fected by the vices of others. During my praetorship, he was constantly with me, and did not know Catiline, who was then praetor in Africa. The year following, Catiline was tried for extortion ; Coelius was with me, ,artd did not evert appear in court for him as a friend. The year after, I stood for the con- sulship; so did Catiline: Cceiius was never se^n with him; from me he never departed. Sect. V. Having therefore frequented the forum for so many years without suspicion, without infamy, he attached himself to Catiline, who stood again for the consulship. How long then do you think that youth is to be w r atched ? A year was formerly allowed us to learn to keep the ar,m within the gown, and to perform our exercises and diversions in the field of Mars in our tunics. The same discipline . was observed in the camp, and in all military operations, when we began to carry arms. During that period, no one could avoid real in- famy, whatever care was taken of him by his friends, who had not a decency and gravity of behaviour to defend his character, andj together with the advantages of private institution^ a kind of natural bias to virtue. But whoever pafsed this early part of life with honour and without reproach, when he grew up, and lived as a man among men, no reflections were ever heard against his reputation or chastity. Cceiius favoured Catiline, after frequenting the forum for several years : why, this was no more than what many others did, of every rank, and of every age. For one who attended his friend at his trial. For it was usual, both in public and private trials, for the friends and acquaintance of the accused to attend him, and to solicit in his behalf. X 514 M« T, CICEUONIS ORATION^. atque ex omni sctate fecerunt ; ( 6 ) babuit enim ille, siente ms* minifse vos arbitrbr, perniulta maXimarum non exprefsa signa, sed adumbrata virtutum: utebatur hominibus improbis multis, et quidem optmiis se viris deditum efse simulabat : erant apud iliuni illecebne libidinum multae ; erant etiam indu striae quidam stimuli aclaboris: rlagrabant vitia libidinis apud ilium; vige- bant etiam studia rei militaris : neqne ego unquam fuifse tale monstrum in terris ullum puto, tarn ex contrariis diversisque inter se ptignantibus naturae studiis cupiditatibusque conflatum VI. Quis clarioribus viris quodam tempore jucundior? quis turpioribus conjunction ? quiseivis meliorum partium aliquando ? quis tetrior hostis huic civitati ; quis in voluptatibus inquina- tior- ? quis in laborious patientior ? quis in rapacitate avarior ? quis in largitione effusior ? Ilia ver6, judices, in illo bomine mi- rabilia fuerunt, cornprebendere muitos amicitia, tueri ohsequio, cum omnibus cornmunicare quod habebat, servire temporibus suorum x omnium, pecunia, gratia, labore corporis, scelere etiam, si opus efset, et audacia: vecsare suam naturam, et regere ad tempusjj atque hue et illuc torquere et flectere : cum tristibus severe, cum remifsis jucunde, cum senibus graviter, cum ju- ventute comiter,. cum facinorosis audacter, cum libidinosis luxuriose vivere. Hac ille tarn varia multiplicique natura,cum pmnes omnibus ex terris homines improbos audacesque college- rat, turn etiam roukos fortes viros et bonos, specie quadam vir- tutis afsimuiata^, tenebat ; neqne unquam ex illo deiendi hujus imperii tarn consceleratus impetus extitifset, nisi tot vitiorum . tanta immanitas quibusdam facilitatis et patientiae radicibus ni- . teretur, Qnare ista conditio, judices, respuatur : nee Catilinee familiaritatis crimen lire reat ; est enim commune cum multis} cum quibusdam etiam bonis. Meipsum, me, inquam, quondam pene ille decepit : cum et ciyis mihi bonus, et optimi cujusque cupidus, et iirmus amicus ac iidelis videretur ; cujus ego faci- nora oculisprh?s,quam opinione, manibusante, quam suspicions, depreheudi ; enjus in magnis catervis amiconmi si fuit etiam Ot-lius, magis est, ut ipse moieste ferat erraise se, sicuti non- nunquam in eodem honnue me quoque erroris mei poenitet, quam ut istius amicitia) crimen reformidet. VII. Itaque a maledictis .pudicitise ad conjurationis invidiam ora- tio estvestra delapsa: posuistis enim, atque id tamen titubanter (fi) Habuit enim ille permulta maximarum non exprefsa signa, sed adum- braia virlutuvi.~\ Cicero, in several parts of his writings, gives us a just character of Ca r filine; but in none a more lively and striking picture than in this pafsage. cicero's orations. 31.5 Catiline, as I suppose you remember, had many sketches, though not finished pictures, of the greatest virtues; he was fa- miliar with many profligate fellows, and yet affected to be de- voted to men of the greatest worth. His house furnished out several temptations to lewdnefs, and at the same time several incentives to labour and industry : It was a scene of vicious pleasures, and at the same time a school of martial exercises. Nor do I believe there was ever such a monster on earth, com- pounded of inclinations and pafsions so very different, and so repugnant to each other. Sect. VI. Who was ever more agreeable at one time to the most illustrious citizens ? who more intimate at another with the most infamous ? At one time, what citizen had better principles ? and yet who a fouler enemy to Rome ? Who more intemperate in pleasure ? who more patient in labour ? Who more rapa- cious in plundering ? who more extravagant in squandering? Yet this man, my lords, had a surprising faculty of engaging many to his friendship, and fixing them by his ooservance : Sharing with all of them whatever he had, serving them with his money, his interest, his labour, and, if occasion required, by the most daring acts of wickedneis ; fashioning his nature ac- cording to his purposes, bending and turning it every way at pleasure ; living with the morose, severely ; with the free, merrily; with the aged, gravely; with the young, cheerfully; w r ith the enterprising, audaciously ; with the vicious, luxuriously. By such a variety and complication of character, he had got toge- ther from every country all the proliigate and audacious, and yet preserved the friendship of many brave and worthy men by the specious show of a pretended virtue ; nor could he ever have made so wicked an attempt to destroy our government, had not the so great enormity of his many vices had some sup- port from a flexibility and hardinefs of temper. Let that part of the accusation then, my lords, be rejected ; nor let the fami- liarity with Catiline be any more urged as a crime, for it is common to Ccelius with many others, and even some very- worthy men. There was a time when I myself, I say, when I was almost deceived by him ; when he appeared to me a good citizen, an admirer of every worthy man, a firm and a faithful friend. I was not convinced of his crimes till after I saw them; nor did I suspect them, before I had felt them. If Ccelius made one of the great nu Tiber of his friends, he has more reason to regret his mistake, as I sometimes do mine in regard to the same person, than to dread being charged with being the friend of Catiline. Sect. VII. Thus, from bringing a scandalous accusation of an intrigue against Cceiius, you have proceeded ta load him with the X 2 316 M. T. CICERONIS 0RATIONES. et strictim, conjurationis hunc, propter amicitiam Catilinse, par- ticipcm tnii^e : in quo non modo crimen non hserebat, sed vix diserti adolescentis cohoerebat oratio. Qui enim tantus furor in Coelio ? quod tantum aut in moribus naturaque vulnus, aut in re at que fortuna? ubi denique est in ista suspicione Ccelii nomen auditum ? Nimium multa de re minime dubia loquor : boc ta- men dico, non modo si socius conjurationis, sed nisi inimicifsi- mus istius sceleris fuifset, nunquam conjurationis accusatione adolescentiam suam potifsimum commendare voluifset: quod, baud scio, an de ambitu, et de criminibus istius sodalium ac sequestrium,quoniam hue incidi, similiter respondendum putem ; nunquam enim tarn Ccelius amens fuifset, ut si se isto infinito ambitu commaculaiset, ambitus alter um accufaret : neque ejus facti in altero sUspicionem qutereret, cujus ipse sibi perpetuam licentiam optaret: nee, si sibi semel periculum ambitus sub- eundum putaret, ipse alter um iterum ambitus crimine arcefseret : quod quanquam nee sapienter, et me invito facit, tamen est ejusmodi cupiditatis, ut, fnagis insectari alterius innocentiam, quam de se timide cogitare videatur. Nam quod ais alienum objectum est, sumptus reprebensi, ( 7 ) tabulae fiagitatse : videte quam pauca respondeam. Tabulas, qui in patris potestate est, nullas conficit. ( 8 ) Versuram nunquam omnino fecit ullam. Sumptus unius generis objectus est, habitations : triginta milli- bus dixistis eum habitare ; nunc demum intelligo, ( 9 ) P. Clodii insulam efse venalem, cujus hie in aediculis habitet, decern, ut opinor, millibus; vos autem, dum illi placere vultis, ad tempus ei mendacium vestrum accommodavistis. Reprehendistis, a p atre quod scmigrarit : quod quidem jam in hac setate minime reprehendendum est ; qui, cum et ex reipub. causa efset, ( ,0 ) mini quidem moiestam, sibi tamen gloriosam victoriam consecutus, et per eetatem magistratus petere polset non modo permittente patre, sed etiam suadente, ab eo semigravit: et, cum dbmus patris a foro longe abefset, quo facilius, et nostras obire domos, et ipse a suis coli polset, conduxit in Palatio, non magno, domum. (7) Tabuhe fiagitaU\~] It was usual among the Romans, for masters of families to keep books of accounts, wherein they regularly marked down every clay whatever money they either received or expended. (8) Versuram nunquam omnino fecit ■ullam.'] Versuram jacere generally signifies to take up money of one at a great interest, in order to pay a debt to another, or simply to change one's creditor; but here it signifies only to borrow money. (9) P. Clodii insulam efse venale?n.'] Byinsula is here meant either several houses joined together, or one house only, with the street on every side. (10) Mihi quidem moiestam, sibi tamen gloriosam victoriam consecutus efset..'] What is here referred to is, Ccelius's impeachment of Caius Antonius, Cicero's colleague in: the ednstri^hip., and defended by him, but cast and banished. N CJC.ERq's ORATIONS. 317 odium of being. engaged in a conspiracy. For you have alleged, though not without hesitation, and in a superficial manner, that because he was the friend, he was therefore the accomplice of Catiline : an accusation., on which not only no crime could be founded, but scarcely could the eloquent youth talk coherently when he urged it. Why all this fury in Ccelius? whence this foul stain in his character and disposition, or distrefs in his cir- cumstances and fortune ? To add no more, where did Ccdius ever lie under such a suspicion ? But I spend too much time in a matter so very evident. Thus muck, however, I will add, that if Ccelius had been engaged in that conspiracy, nay if he had not held it in the utmoit abhorrence, he would never have thought of recommending himself in his youth, by bearing a part in impeaching the conspirators. And 1 know not whether I may not return the same answer to the charge against his am- bition, and the crimes of his companions and afsociates, now that I am upon that subject. For if Ccelius had brought a stain upon his own character by plunging so deep into corruption, he would never have been so foolish as to.a^ocuse another of the same practices; nc-r would he have endeavoured to render ano- ther suspected of what he wished that he himself might always have the liberty of doing; nor would he have twice accused another of corruption, if he had thought that he himself was once to be tried for it ; which though he did both imprudently, and contrary to my inclination, yet such is his temper, that he chooses rather to attack the innocence of another, than to seem afraid for his own. As to the debts which are objected to him, the expenses for which he is blamed, and the books of accounts which are demanded, my answer shall be very short. One who is under the direction of his father, keeps no books of accounts; as to mortey, he has never borrowed any; and the only article of expense with which you charge him is his house, lor which you say he pays thirty thousand sesterces a year. Now at last 1 see that the house of Clodius is to be sold, a small part of which Ccelius rents for ten thousand sesterces a year, as I ima- gine: but you, out of a desire of pleasing him, have made this lie to serve a present purpose. You blame him for taking a se- parate house from his father ; a thing for whicb^ at this time of life, he is far from being blameable. Flaving, in a public cause, gained a victory, to me indeed disagreeable^ but to himself glo- rious ; and bejng of an age to stand for .offices, his father not only allowed, but advised him to leave his house; which being a great way oif from the forum, he hired one at a moderate rent upon the Palatiuin, that he might be nearer our houses, and that it might be more convenient for his friends to wait upon him. 3 X3 318 M. T. CICERONIS ORATIONES. VIII. Quo loco pofsum dicere id, quod vir clarifsimus M. Crafsus, (") cum de adventu regis, Ptolemaei quereretur, paullo ante dixit, Utinam ne in nemore Pelio — Ac longius qui- dem mihi contexere hoc carmen liceret: Nam nunquam herd errans hanc molestiam nobis exhiberet, Medea animo agra> amove scew saucia. Sic enim, judices, reperietis (quod, cum ad id loci venero, osteiidam) ( I2 ) hanc Paiatinam Medeam, 'migra- tionemque huic adolescenti causam sive malorum omnium, sive potius sermonum fuile. Quamobrem ilia, quae ex accusatorum oratione praemuniri jam, et fingi intelligebam, fretus vestra pru- dentia, judices, non pertimesco. Aiebant enim fore testem se- natorem, qui se pontificiis comitiis pulsatum a Ccelio dicerit; a quo quseram si prodierit, priinum cur statim nihil egerit? d'ein- de, si id queri, quam agere maluerit, cur productus a vobis po^ tius, quam ipse per se? cur tahto post potius, quam continuo, , queri maluent? Si mihi ad haec acute arguteque responderit ; turn quaeram denique, ex quo iste fonte senator emanet? nam si ipse qrietur et nasc^.ur ex sese, fortafse, ut soleo, commovebor ; ( 13 .) sin autem est rivulus arcefsitus et ductus ab ipso capite ac- cusationis vestrae, laetabor, cum tanta gratia tantisque opibus accusatio vestra nitatur, unum senatorem solum else, qui vobis gratificari vellet, inventum. Nee tamen illud genus alteram fiocturnorum testium pertimesco; est enim dictum ab illis, fore qui dicerent, uxores suas a coena redeuhtcs attrectatas else a Ccelio. Graves erunt homines, qui hoc jurati dicere audebunt : cum sit his confitendum, nunquam se, ( l4 ) ne congrefsu quidem et constitute, ccepifse de tantis injuriis experiri. IX. Sed totum genus oppugnationis hujus, judices, et jam prospicitis animis, et, cum inferetUr, propulsare debebitis; non enim ab iisdem accusatur M. Ccelius, a quibus oppugnatur ; palam in eum tela jaciuntur, clam subministrantur. Neque id ego dico, ut iiividiosum sit in eos, quibus gloriosum hoc etiam efse debet : funguntur officio : defendunt suos: faciunt quod viri fortifsira (U) Cu?n de advevtu regis Piolsmci'i qncrerdur.'] Ptolemy king of Egypt, being driven out of 'Jus kingdom, went to Koine to beg help and protection against his rebellious subjects, who sent deputies alter him, to plead their cause before the senate, and to explain the reasons of their expelling him ; most of whom he contrived to have afsaisinated on the road, before they reached the city. But it was objected to Camus, that he had beaten these deputies at Puteoli; which part pf the accusation when Crafsus, who had defended CcfeTjus before Cicero, was refuting, he complained of Ptolemy's coming to Borne, as being the remote cause of this part of the charge, and took occasion to repeat the following verse of Ennuis- — Utinam n& in vcwore. Pelio, &c. "Where the poet, in like manner, mentioned the remote cause v of the pafsion which ruined Medea: for it was of the trees that grew upon mount Pelion in Theisaly that the ship Argo was built, wherein Jason sailed, 319 Sect. VIII. And here I may say what the renowned M. Cras- sus lately said, when complaining of king Ptolemy's arrival ; O that never in the Pelian wood 1 might even go on with this poem ; Never then had a wandering lady given us this trouble, a love-sick Medea, &c. For you will find, my lords, when I come to speak upon it, I shall prove that tins Medea of the Pa- latuim, and the removal of this young gentleman, has been the cause of all the evils he has suffered, or rather of all that has been alleged against him. Supported then, by your wisdom, ray lords, I am not afraid of what I find from the words of tne accusers tiiem>elves, to be nothing but fiction and contrivance. For they alleged that there will be a senator to give evidence that he was beaten by CWms at the election of pontiffs. If such a senator appears, I shall ask him in tne first place, why he did not immediately bring an action? In the next place, if he chose rather to complain than bring an action, whyhe did it rather at your imtigat on, tnan of his own accord? Why he chose to complain so long after the thing happened, and not directly ? If he answers these questions with shrevvdnefs and subtiiity, I snail then inquire, front vyhat source this senator flows ? For if he springs from himself, I shall perhaps be moved, as usual ; but if he flows like a rivulet, from the fountain-head of your accu- sation, I shall rejoice that in a charge so powerfully supported, there can only one senator be found, who is willing to oblige you. ' Neither am I afraid of that other tribe of night-witnefses ; for the accusers say they can produce citizens to prove that Coelius meddled with their wives, as they were returning from supper. They must be persons of great Avisdom, who dare swear to such a fact as this; since they must confefs, that they did not so much as propose a reference for the redrefc of so great injuries. Sect. IX. But, my lords, you now understand the whole nature of this attack; and when it is made, it will be incumbent ittpon you to repulse it. Those who accuse M. Coelius, are not the persons that attack him : the darts are thrown at him pub- licly, but they are furnished in private. Nor do I say this witk a view to bring an odium upon those, to whom it ought to da honour: they do their duty: tney defend their friends: they (12) Hanc Palatinam Med.eam.'] Cicero here meaiss Clodia, who lived upon the Palatine hilt He humorously calls her Medea, because Atrati- mis, as we read in Fortunatianus, called Coelius the beautiful Jason. (13) Sin autem, ut rivulus, arcefsitus, et ductus ab ipso capife accusationis v.estrie.~\ Cicero alludes here to Clodia, whom, by a beautiful metaphor, he calls caput accusationis, the spring-head of the accusation. (14) Ne cangrefsu quidem et constitutor Before a suit was commenced, it was usual for the parties to endeavour to make up the difference, by means of some common friend or friends. X A 320 T. M. CICERONIS ORATIONES. solent : laesi dolent, irati efferuntur, ( ,s ) pugnant lacefsiti ; sed ves'ra: sa'pifentiae tamen est, judices, non, si causa justa est viris ibrtibus oppugnandi M. Ccelium, ideo vobis quoque vos causam putare eise justam, alieno dolori potius, quam vestrae fidei con- suiendi. Qua; sit multitude) in foro, quae genera, quae studia, quae varietas hominum, videtis ; ex hac copia, quam multos efse arbitramini, qui hominibus potentibus, gratiosis, disertis, cum a liquid eos velie arbitrentur, ultrp se offerre soleant, ope- ram navare, testimonium pbiliceri ? Hoc ex genere si qui se in hoc judicium forte projecerint, excluditote eorurn cupiditatem, judices, sapientia vestra : ut eodem tempore et hujus'saluti, et religioni vestroe, et contra periculosifsimas hominum potentias conditipni omnium civium providifse videamini. Equidem vos abducam a. testibus ; neque hujus judicii veritatem, quae mutari nulio modo potest, in voluntate testium collocari sinam; quaj faciliime etiingi, nullo negotio flecti, detdrqueri potest; argu- ments agemus ; signis omni luce clarioribus crimina refellemus ; res cum re, causa cum causa, ratio cum ratione pugnabit. X. Itaque illam partem causae facile patior graviter et ornate a M. Gafso peroratam, de seditionibus Neapqlitanis, de Alex- andrinorum puisatione Puteolana, de bonis Pallae ; vellem dic- tum efset ab eodem ( l6 ) etiam de Dione : de quo ipso tamen quid est, quod exspectetis, quod is qui fecit, aut non timet, aut etiam' fatetur ? Etenim reus, qui dictus est et adjutor fuifse et conscius P. Ascitius, is judicio est liberatus. Quod igitur est hu- ju^ijQdi crimen, ut, qui commisit, non neget; qui negavit, ab- soiutus fit ; id hie pertimescat, qui non modo a facto, verum etiam a conscientiae suspicione abfuit ? et, si Ascitio causa plus profuit quam nocuit invidia, huic oberit tuum maledictum, qui istius faclinon modo suspicione, sed ue infamia quidem est ad- spersusr At" praevaricatione est Ascitius liberatus. Perfacile est isti loco respondere, mini pracsertim, a quo ilia causa defensaest. Sed Ccelvus optimam causain Aseitii else arbitratur : cujusmodi autem sit, a sua putat else sejunctam : neque solum Coelius, sed etiitm adolescemc;:-. bumrminsimi et Joctifsimi rectiisimis studiis at- queoptiniis artibuspraditi, Titus Caiusque Coponii : qui ex omni- bus maxime Dionis mortem doiuerunt ; qui cum doctnme studio (15) Pugnant lacefsiti.'] This probably refers to Atratinus, who was glad to have ''aha: r . orlunit) of accusing Ccelius, in revenge for his having'im- peafc'hee! Atratihu's the father.' : (16) Etiam dc Diojic.'] Dio was the chief of the Alexandrian embafs^ and was aliaiiinated by Ascitius, for which, however,, he was acquitted," 3?1 act as men of spirit generally dp: being injured, they com- plain ; being provoked, they are in a pafsion ; and being at- tacked, they tight. But though these brave men may have good reason for attacking M. Coelius, yet your wisdom, my lords, is concerned, not to think that you have therefore any jeason to pay greater regard to their resentment than to your own honour. You see what numbers crowd the forum, and how different their views and dispositions are. Of all this mul- tude, how many do you imagine there are, who, when they think that men of credit, power, and eloquence, have any thing to do, offer themselves, prefs their services, and promise their evidence ? Should any of such a character thrust themselves into this trial, let your wisdom, my lords, check their forward- nefs ; that you may seem at once to have consulted the safety of Coelius, your own honour, and the interest of all our citizens, against the dangerous influence of power. I will indeed draw you off from testimonies, nor will I suffer the immutable justice of this cause to depend upon the depositions of witnefses which may be fashioned and influenced with the utmost ease. We shall deal in arguments, and shall refute their accusation with, proofs clearer than the day : fact shall be opposed to fact, €ause to cause, and argument to argunient. Sect. X. I am glad, therefore, that M. Crafsus defended that part of his cause which relates to the seditions at Naples, the Seating of the Alexandrian deputies at Puteoli, and the goods of Pallas, with so much force and eloquence. I wish he had likewise spoken to the affair of Dion. Though in regard to 'that, what is there that could be to your purpose, which he •who committed the fact is either afraid of, or denies ? For P. Ascitius, who is accused of having been privy to the design, and to have afsisted in it, was acquitted. When a crime, there- fore, is of such a nature that he who commits it does not deny it, and he who does not deny it is acquitted, should that person be afraid of being condemned for it, who not only did not com- mit it, but who was not even suspected of having had any knowledge of it? And if that prosecution did more service to Ascitius, than the hatted of his prosecutors did him harm, shall this scandal hurt the man, on whom neither the suspicion nor the infamy of such an action ever fell ? But it was owing to col- lusion, it will be said, that Ascitius was acquited. This objec- tion is very easily answered, especially by me Vho defended that cause. But Coelius thinks the cause of Ascitius a very good one; neverthelefs, of what kind soever it is, he is of opinion that it is very different from his own : nor does .Coelius only think so, but the Coponii, Titus and Caius, young men of the greatest politenefs and learning, of the most honourable in- tentions, and best accomplishments, who* of all others, lament- $22 M. T. CICERONIS ORATIONES. atque liumanitatis, turn etiam hospitio Dionis tenebantur ; ha- bitabat is apud L. Lucceium, ut audistis : fuerat ei cognitus Alexandria^ ; quid aut hie, aut summo splendore praeditus frater ejus, de M. Coelio existimet, ex ipsis, si producti erunt, audietis. Ergo heec removeantur, ut aliquando, in quibus causa nititur, ad ea veniamus. XI. AnimadVerti enim, judices, audiri a vobis meum fami- liarem L. Herennium perattente ; in quo etsi magna ex parte ingenio ejus, et dicendi genere quodam tenebamini, tamen nonnunquam verebar ne ilia subtiliter ad criminandum inducta oratio ad animos vestros sensirn ac leniter accederet; dixit enim muita de luxuria, muita de libidine, multa de vitiis juventutis, multa de muribus: et qui in reliqua vita, mitis efset, et in hac suavjtate liumanitatis, qua prope jam delectantur homines, ver~ sari perjucunde soleret, ('') fuit in hac causa pertristis quidam patruus, censor, magister ; objurg&vit M. Coelium,. sicut nemi- jnehi unquam parens : multa de incontinentia, intemperantiaque difseruit. ^ Quid qusentis, judices ? ignoscebam vobis attente audientibus, propterea quod egomet tarn triste illud et tarn as- perum genus orationis horrebam. Ac prima pars fuit ilia, quae me minus movebat, fuiise meo necefsano Bestias Ccelium fami- liarem, ecenaise apud eum, ventitaise domum, studiufse praeturse. Non me fesfee movent, qu&3 perspicue tataa sunt; etenini eos una ccenalse dicir, qui absunt, aut quibus necefse est idem dicere. Neque vero illud me commovet, ( ,b ) quod sibi in Lupercis so- dajerm efse Ccelium dixit/ Fera quaedam sodalitas, et plane pastoritia atque agrestis germanorum Lupercorum : quorum coitio ilia sylvestris ante est instituta, quam humanitas, atque leges; siquidem. non modo nomina dererunt- inter se sodales, sod etiam commemorant sodalitatern in accusando, ( I9 ) ut ne ipihj si id forte nesciat, timere videatur. Sed haeb omittam : ad ifia, quae me magis moverunt, respondebo. Deliciarum ob- jurgatio fuit louga, et ea lenior : plusque disputationis habuit, quam atrocitatis ; quo etiam audita est attentius. Nam P. Clo- Fuit iii hac causa pertristis quidam patruus.'] Patruus here signifies censor, like a morose guardian uncle. In this sense it is made use •>■..,- Horace, Sat. 3d. Book 'Jd. , . — she ego prave, "' Sou rectc, hoc volui : ne sis patruus mihi. 'fiSO ®uod sibi in Lupercis sodalem efse C&ii urn dixit. ] The Lupercalia v^ a a-aivai instituted in honour of Pan. Valerius Maximus pretends i\\ * it was no older than the foundation of Borne; but Livy and Plutarch &ie positive that it was brought out of Greece by Evander. Jt was cele- ■:d on the fifteenth of February, chieily in the villages, with very ridi- rulous ceremonies, C\9) Uiueqnis, si id forte nesciat, timere videatur.'] It is difficult to ascertain the meaning of this pafsage, which is differently understood by coinnh-nlutors. Tlit- words in the original in-some editions are, si auis id jcrtc npsciat timere videatur : Abramius prefers the following reading to all CICERO'S ORATIONS. 323 ed the death of Dion most, being delighted both With his hos- pitality, and his learning and politenefs. Dion, as you have heard, lived with L. Lucceius, to whom he was known at Alexandria. What his sentiments are concerning M. Ccelius, or those of his brother, a man of the greatest eminence, you may hear from themselves, if they are brought into court. Let these things therefore be set aside, that we may at last come to those on which the cause principally rests. Sect. XI. I observed, my lords, that you heard my friend L, Herennius very attentively; and though it was his wit, in a great measure, and a certain kind of eloquence that struck you ; yet I was sometimes apprehensive lest this insinuating subtle method of accusation should gradually slide into, and take pofsefsion of your breasts. For he spoke much upon luxurv, much upon lust, much upon the vices, and much upon the manners of youth; and he, who on every other occa- sion is so very gentle, and has so much of that engaging, hi*- mane, and agreeable manner that charms all mankind, was as rigid in this cause as an old guardian uncle, a censor, or a mas- ter ; he reproved M. Ccelius more severely than ever a father did a son, and enlarged much upon intemperance and incontinency. Do you ask me what I thought of it, my lords ? I could not blame you for hearing it so attentively, though so severe and rigid a manner of speaking, I must confefs, somewhat shocked myself. The first article of accusation, which did not give me great concern, was, that Ccelius was intimate with my friend Bestia ; that he supped with him ; was freqently at his house, and his friend when he stood for the pnetorship. These things, being evidently false, give me no concern: for those whom he gives out to have supped with them, are either absent, or obliged to give the same evidence. Nor does it disturb me when he says that Ccelius was his companion at the Lupercal games: for the true Luperci are a savage, rustic, and truly clownish fraternity, whose meetings in the forests were instituted before laws or politenefs took place among men: since they not only accuse each other, but mention the fraternity in their accusations, as if they were afraid lest any one should not discover them to belong to it. But all this I shall pais over, and reply to what gave me more concern. The censure he pafsed upon the pursuit of pleasure was lono-, but gentle ; and had more declamation in it than severity, so that it was heard the more attentively. As for my friend, (b.thers, vt ne quis id forte nesciai timere videantur; and the sense ofihe paisage according to him, is,— They boast of their being members of the fraternity whom they accuse, as if they were afraid lest any one should not discover them to belonc; to it. 324 >f. T. CICERONIS OR^TICWES. dius amicus meus, cum se gravifsime vehementifsimeque jacta- ret, et omnia inflammatus ageret tristifsimis verbis, voce maxi- ma : tametsi probabam ejus eloquentiam, tamen non pertimes- cebam ; aliquot enim in causis eum videram frustra litigantem. Tibi autem, Balbe, respondebo, pnmum precario, si licet, si fas est, defendi a me eum, qui nullum conviviutn renuerit, qui unguenta sumpserit, ( i0 ) qui Baias viderit. XII. Equidem multos et vidi in hac civitate, et audavi, non modo qui primoribus labris gustafsent genus hoc vitae, et extre- mis, ut dicitur, digitis attigiisent ; sed qui totam adolescentiam ^voluptatibus dedidifsent, emersifse aliquando, et se ad frugem feonam, ut dicitur, recepifse, gravesgue homines atque illustres fuifse. Datur enim concefsu omnium huic aliquis ludus aetati, et ipsa natura profundit adolescentiae eupiditates : quae si ita eruinpunt, ut nullius vitam labefactent, nullius domum evertant, faciles et tolerabiles haberi solent. Sed tu mihi videbare ex communi infamia juventutis, aliquam invidiam Coelio velle con- flare ; itaque omne illud silentium, quod est orationi tributum tuae, fuit ob earn causam, quod uno reo proposito, de multorum vitiis cogitabamns. Facile est accusare luxuriem ; dies jam me deficiet, si, quae dici in earn sententiam pofsunt, coner expro- mere ; de corruptelis, de adulteriis, de protervitate, de sumpti- bus, immensa oratio est ut tibi reum neminem, sed vitia piQ- ponaJs ; res tamen ipsa et copiose et graviter accusari potest. Sed vestrae sapientiae est, judices, non abduci ab reo : nee quos acu- leos habeat severitas gravitasque vestra, cum eos accusator erex- erit in rem, in vitia, in mores, in tempora, emittere in homi- nem, et in reum : cum is non suo crimine, sed multorum vitio sit in quoddam odium injustum vocatus. Itaque severitati tuae, ut oportet, ita respondere non audeo : erat enim meum depre- cari vacationem adolescentiae, veniamque petere : non, inquam, audeo: perfugiis non utor aetatis: concefsa omnibus jura dimit- to : tantum peto, ut, si qua est mvidia communis hoc tempore i€ris alieni, petulantia?., libidinum juventutis, quam video else iflRgnam, ne huic aliena peccata, ne aetatis ac temporum vitia noceant. Atque ego idem, qui haec postulo, quin criminibus_, quaj in hunc proprie conieruntur, diligentiisime respondean^ non recuso. (20) Qui Baias videriL~] Baia was in Campania, between Puteoli and Miseniim. It was frequented at certain seasons of the year, by people of fashion from all parts of Italy, being. famous for springs of warm water, where they used to bathe. CICERO'S ORATIONS. 325 P. Clodius, he exerted himself indeed with great vehemence, seemed all oil fire, spoke loud, and with great acrimony ; but I was under no great apprehensions from what he said, though I was pleased with his eloquence ; for I had seen him in other causes wrangling to no purpose. But, with your leave, Balbus, I will answer you first, if I maybe allowed, if I may take upon me to defend a man who never refused a banquet of any kind, who deals in perfumes, and who has been at Baiae. Sect. XII. I have seen and 1 heard' of many in this city, who r having not only just tasted this way of life, and, as we say, touched it with their finger-ends ; but having prostituted the- whole of their youth to pleasure, have at last extricated them- selves, become, according to the common saying, good hus- bands, and proved men of worth and eminence. Some diver- sions are allowed this age by all; and nature herself bestows pafsions on youth with a lavish hand ; which, in their sallies, if they endanger no one's life, demolish no one's house, are looked upon as moderate and tolerable. But from the common vices of youth,, you seemed to me to aim at bringing an odium upon Ccelius.. Accordingly, all the profound silence with which your speech was heard., was owing to this, that our thoughts were led, from a single instance, to the general corruption of the times. But nothing is more easy than to bring a charge against luxury ; and night would overtake me, should I attempt to advance whatever may be said upon that subject: corruption of manners, adulteries, wantonnefs, and extravagance, furnish out an ample field for declamation. To attack vice in general, without accusing any person, would be a copious and weighty subject. But your wisdom, my lords, is concerned, not to lose sight of the accused, nor when the prosecutor has given an edge to your severity and gravity against things, against vices, against immoralities, against the times, to point it against a man, against one who is accused before you, and who is brought un- der an unjust odium, not for any personal crime, but for the vices of the multitude. I dare not, therefore, return such an answer to your severity as it deserves ; for I meant to inter- cede for youth, and to plead for some indulgence to their follies : I say, I dare not : I renounce the rights that are al- lowed to all, I shall not avail myself of the privileges of youth ; all I desire is, that, if the contracting of debts, if arrogance,, if youthful debaucheries lie at present under a general odium* as I see they do, the vices of others, nor the depravity of the times,, may be no prejudice to Coelius. At the same time that I ask this, I am far from refusing to return an exact answer to the personal accusations that are brought against him. S£<5 to. T. CICERONIS QRATtONES, XIII. "Sunt autem duo crimina,aun et veneni ; in quibus una. atque eaciem persona versatur. Aurum sumptum a, Clodia. venenum 1 quantum, quod Clodise daretur, dicitur ; omnia sunt alia, non crimina, sed maledieta, jurgii petulantis magis, quam publican quaestioni., ; adulter, impudicus, sequester, eon- vieium est, non aceusatio ; nullum est enim f'undamentum ho- rmncriminum, nulla sedes j voces sunt contumeliosae, temere ab irato accusatore, nullo auctore, emifsae. Horum duorum cri- minum video t'ontem, video auctorem, video certrum nomen et caput ; auro opus fuit : sumpsit a Clodi£, sumpsit sine teste, ha- buit quamdiu voluit ; maximum video signum cujusdam egre- gise familiaritatis ; necare eandem voluit, quaesivit venenum, solicitavit quos potuit, paravit, locum consituit, attulit ; mag- num rursus odium video cum crudelifsimo discidio extitifse. Kes est omnis in hac causa, nobis, indices, cum Clodia, muliere non solum nobiji, sed etiam nota, de qua ego nihil dicam, nisi depellendi cri minis causa. Sed intelligis pro tua praestanti prudentia, Cn. Domiti, cum hac sola rem efse nobis: quae si se aurum Coelio commodafse non dicit, si venenum ab hoc sibi paratum efse non arguifc ; petulanter facimns, (") si matrem- tamiiias secus, quam matronarum sanctitas postulat, nominamas; sin ista. muliere remot'a, nee crimen uilum, nee opes ad oppug- nandum Coelium illis relinquentur, quid est aliud quod nos pa- troni facere debeamus nisi ut eos, qui insectantur, repellamus .? quod quidem facerem vchementius, nisi intercederent mihi ini- micitise ( i2 ) cum istius mulieris viro; fratrem volui dicere : semper hie erro. Nunc agam modice, ne longius progrediar, quam me mea fides, et causa ipsa coget ; neque enim rnuliebres unquam inimicitias mihi gerendas putavi, praesertim cum ea, quam omnes semper amicam omnium potius quam cujusquam inimicam putaverunt. XIV. Sed tamen ex ipsa qu&ram prius, utrum me secum se- vere, et graviter, et prisce agere malit ; an remilse, ac lemter, et urbane ; si illo austero more ac modo : aliquis mihi ab inferis excitandus est, ex barbatis illis,. non, hac barbula. qua ista delec- tatur, sed ilia horrid a quam in statuis antiquis et imaginibus vi- demus: qui objurget. mulierem, et pro me, loquatur, ne ista mihi forte succenseat. Exsistat igitur ex hac ipsa familia aliquis, ac potifsimum ( i3 ) Caucus ille ; minimum enim dolorem eapiet, qui (2i) Si inatrem-familias secus , quam matronarum stmctitus pcstulat, nomi- narnus.~] Some critics distinguish between mattr-famUias and matrojia; but that they were used promiscuousjy among the Romans, to signify a.lady of a chaste reputation, appears from this,, and qther places oi Cicero 1 * writings. (22)" Cum istius mulieris viro.'] P. Clodius is here meant, an abandoned debauchee, who according to Plutarch, was guilty of incest with each of his three sisters. 327 Sect. XIII. He is charged with two ; one concerning gold, another concerning poison ; and botli relate to the same person. It is said that gold was borrowed of Clodia, and that poison was prepared to give her. Whatever else is advanced, is only scan- dal, not accusation, and more proper for a scolding bout than a public trial. To call one an adulterer, a debauchee, a pimp, is to scandalize, not to accuse him ; there is no ground for such accusations: they are abusive terms, rashly thrown out by an ungry prosecutor, without any foundation. As to these two charges, I see the source, I see the author, I see the true cause and principle of them. Ccelius wanted gold ; he borrowed of (Clodia; he borrowed it without witneffes, and kept it as long as he pleased ; these are clear proofs of a great intimacy. He had a mind to kill Clodia ; he looked out for poison ; he solicited every person he could ; he prepared it ; he appointed the place ; he brought it. Here again I can perceive great hatred, with a mod violent quarrel. In this cause, my lords, we have only to do with Clodia ; a woman net only noble, but also well known; concerning whom I shall say nothing but what is ne- cetTary for refuting the accusation. But, Co. Domitius, 'tis easy for one of your great discernment, to see that our busineis is with her alone : if she says that she lent no gold to Ccelius ; if she does not accuse him of having prepared poison for her, we are impertinent in mentioning the mother of a family in a manner different from w r hat the honour of matrons requires. But if, setting Clodia aside, our adversaries will have neither an accusation to bring against Ccelius, nor any means left of attack- ing him, what else is incumbent upon us who are his-advocates ? but to repulse those who attaekus ? And this indeed I would do with vigour, were it not for the animosity that subsists between me and that lady's husband; I meant to say her brother ; I always fall into that mistake. Now I will act gently, lest I exceed the bounds which my duty, and the cause I am defending, prescribe to me ; for I have always thought it in- cumbent upon me, to avoid being on bad terms with the ladies, especially with Clodia, who has always had the character of being rather good-natured to every body, than an enemy to any. Sect. XIV. But first I will ask herself, whether she would have me deal with her in a severe, solemn, old-fashioned man- ner, or in a soft, gentle, and courteous one. If in the austere manner, I must summon up from the shades some of those gen- tlemen with long beards, and not with such a young one as she is fond of, but with a rough one, such as we see in old statues and images, to reprove the lady, and speak in my stead, lest she should happen to be angry with me. Let one of her own family then rise up, and blind .Appius rather than any other. ; 328 to. T. ciceroni's orationes. istairi rion videbit ; qui pvofecto si extiterit, sic aget, et sic lo~ quetur : Mulier, quid tibi cum Coelio ? quid cum homine adole- scentulo ? quid cum alieno ? cur aut tarn familiaris huic fuisti, ut aurum commodares ; aut tam inimica, ut venerium timeres ? Don patrem tuum videras ? non patruum, non avum, proavum, atavum audieras consuies fuiise ? non denique modo te Quinti Metelli matrimonium tenuiise sciebas, clarifsimi et fortifsimi viri, patriseque amantifsimi, qui simul ac pedem limine extule- rat, omnes prope cives virtute, gloria, dignitate superabat ? cui cum ex amplifsimo genere in familiam clarifsimam nupsifses, cur tibi Ccelius tam conjunctus fuit ? cognatus ? affinis ? viri tui familiaris? nihil horum ; quid igitur fuit, nisi qua?dam teme- ritas ac libido ? nonne tCj si nostrse imagines viriles non com- movebant, ne progenies quidem mea, (* 4 ) Q. ilia Clodia, smu- lam domesticse laudis in gloria muliebri efse admonebat ? non virgo ilia vestalis Clodia, qUae patrem complexa triumphantem ab inimico tribuno plebis de curru detrabi pafsa non est ? cur te fraterna vitia potius, quam bona paterna, et avita, et usque a nobis cum in viris, turn etiam in foeminis rep etita mover unt ? ( 25 ) Ideo-ne ego pacem Pyrrhi diremij ut tu amorum turpifsi- mopum quotidie fcedera ferires? ( 26 ) ideo aquam adduxi, ut ea tu inceste uterere ? ideo viam munivi, ut earn tu alienis viris comitata celebrares ? XV. Sed quid ego, judices, ita gravem personam induxi, tit et verear, ne se idem Appius repente convertat, et Ccelium, iri- cipiat accusare ilia sua gravitate censoria ? Sed videro hoc pos- terius, atque ita judices, ut vel severrifsimis disceptatoribus (23) Ccecus-il'e.~\ Nothing could set Clodia's infamy in a clearer or stronger point of view, or more powerfully affect the minds of the audience, than the artful manner in which Cicero here contrasts her character with that of her illustrious ancestors, Her family was one of the most con- siderable in Rome, and the person introduced to expostulate with her was old Appius Claudius, a famous orator and civilian, who lost his sight ift the latter part of his life. (24) Quinta ilia Clodia.'] When Scipio Nasica went to meet the goddef? Cybele, who was brought to Rome towards the end of the second Punic war, he was attended by such of the ladies of Rome, as were in the highest veneration for their virtue. Some of the vestals likewise accompanied him, and particularly this Quinta Clodia; of whom it is related, that whew the vefsel, on which the goddefs was imported, unfortunately struck upon a bank of sand near the mouth of the Tyber, and neither the mariners, nor several yoke of oxen* were able to move it, she, pulling it only by her girdle tied to it, easily set it afloat. Clodia is said to have been suspected of incontinence; and, it is added, that this miracle was wrought in answer of her prayer to the goddefs, to give a testimony of her innocence. (25) ideo-ne ego pacem Pyrrhi diremi.~] When Cyneas was sent by Pyrrhus to the Roman senate with proposals of peace, he found several or" the con- script fathers disposed to accept them. Appius, who had for some time retired from all public businefs, and confined himself wholly to his family, on account of his great age and the lofs of his sight, upon heating the re- port of what pafsed in the senate, caused himself to be carried in the arm 5 cicero's orations. 320 for, as he cannot see her, his grief will be the lefs/ 4 Were he to appear, he would behave thus, and addrefs her in the following manner : Woman ! what is thy businefs with Ccelius ? what with a boy ? what with a stranger ? Why was you either lo intimate with him as to lend him money, or so much his enemy as to be afraid of being poisoned by him ? Hast thou not seen thy father in the conihlship ? not heard that thy uncle, thy grand- father, thy great-grandfather, and his father were consuls ? Art thou ignorant that Q,. Metelius was thy husband, a man of the greatest eminence and bravery, and a distinguished patriot, who no sooner appeared in a public character, than he surpassed almost all his countrymen in glory, merit, and dignity f After being married into so illustrious a family, thyself too nobly de- scended, why was Coelius so intimate with thee ? Was he thy relation ? thy kinsman ? thy husband's intimate? He was none of all these. What then could be the reason, but indiscretion and lust ? If the images of the men of our family did not move thee, ought not my daughter Q.. Clodia to have excited in thy breast an emulation of her domestic virtues, the chief glory of a woman? Ought not that Clodia, the vestal virgin, who, embracing her father in his triumphal car, would not suffer a tribune of the people, who was his enemy, to tear him from it ? Why dost thou imitate the vices of a brother, rather than the virtues of a father, a grandfather, of a whole family from me downward, both males and females? Did I hinder my country from entering into a peace with Pyrrhus,. that you might daily enter into engagements of infamous amours? Did I supply the city with water, that you might use it for the purposes of imparity ? Did I make a high-way to be frequented by you and your gallants? ; Sect. XV. But what's this I am doing, my lords ? I have in- troduced so venerable a character, that I am afraid lest the same Appius should turn against Ccelius of a sudden, and accuse him with his censorial gravity. But I shall speak to that. by and by J and in such a manner, my lords, that I flatter myself I shall yin- of his domestics to the senate-house, where, by an animated speech, he so- awakened the Roman spirit in the senators, that without farther debate they unanimously passed a decree, instantly to dismiss the ambassador with this answer: That the Romans would enter into no treaty with king Pyrrhus, so Long as he con tin ed in Italy ; but with all tneir strength would pursue the war against him, though' he should vanquish a thousand Lavinus' s . (26.) Ideo aquum adduxi, ideo viam munivi? The first invention of the Roman aqueducts is attributed to Appius, who brought water into Rome, in the year of the city 441, by a channel of eleven miles in length, lie likewise built the famous Via Appia, which took its name from him* a considerable part of this extraordinary work still remains, and, though it has lasted above two thousand years, is, in most places, for several Ulilea together, as entire as when it was first made. . y &30 M* T. CICERONIS QRATIONES; M. Coelii vi&rn me probaturum efse confidam. Tu vezo, rrralier* (jam enim ipse tecum nulla persona introdncta loquor) ; li ea quae facis, quae dicis, quae insimulas, quae moUris, quae arguis, probare cogitas ; rationem tantae familiaritatis, tantae consue- tudinis, tantae conjunction-is reddas atque exponas necefse est. Accusatores quidem libidiues, amoves, adulteria. Baias, actas, eonvivia, comifsationes, cantus, fymphonias, navagia jactant:. iidemque significant,. nihil se, te invito., dieere ; quae tu, quoniam mente neseio qua effranata atque praecipiti in forum deferri jiidiciumque voluisti, aut diluas oportet, et falsa efse doceas, 4ut nihil neque crimini tuo, neque testimonio credendum efse fateare. Sin autem nrbanius me agere mavis, sie again tecum y removebo ilium senem durum, ac pene agrestem: ex hisque tuis sumarn aliquem, ac potissimum minimum fratrem tuum, qui est in isto genere urbanifsimus, qui te amar plurimum : qui propter neseio quam, credo, tdmiditatero, etnocturnos quosdam inanes metus, tecum semper pusio eummajore sorore cubitavit ; emu putata tecum loqui : Quid tumultu-aris, soror ? quid insanis ? quid clamore exorsa, verbis parvam rem magnam facis ? vicinum, adolescentulum adspexisti : candor hujus teet proceritas, vultus oculique perpulerunt t saepius videre voluisti : nonnunquam in iisdern hortis visa nobilis mulier: ilium filium familias patre parco ac tenaci, habere tuis copiis devinctum non potes : cal- citrat, respuit, non putat tua dona efse tanti ; confer te alio ; babes hortas at Tiberim : ac diiigenter eo loco praeparasti, quo omnis juventus. natandi causa venit; hinc licet conditiones quo- tidie- legas : cur huic 7 qui te spernit, molesta es ? XY& Redeo nunc ad te, Cccli, vicifsim, ac mihi auctoritatem patriam seventatemque suscipio : sed dubito, quern patre ra potifsimum sumaon. ( 27 ) Caecilianum-ne aliquem, vehementem atque durum ? Nunc enfoidemum mihi animus ardet, nuncmcuyn cor cumnhtor ird : aut ilium, & in/el i.v ! 6 scclcste ! Ferrei sunt isti patres. Ego-ne quid dicam ? ego^ne quid velim ? qu Komano, tot menses aut de salute, aut de gloria dimicaret f" XX. Nihil igitur ilia vicinitas redolet ? nihil hominum fama F nihil Baias denique ipsa? loquuntur? Hlae vero non loquuntur so~ hriri, verum etiam personam, hue unius mulieris libidinem efse prolapsam, ut ea non modo solitudinem, ac tenebras, atque hsec {iagitiorum integumenta non quaerat, sed in turpifsimis re- bus frequentissima celebritate et clarissima. luce laetetur. Verum si quis est, ("') qui etiain meretriciis amoribus interdictum ju- ventuti putet, est ille quidem valde severus ; negare non pof~ sum; sed abhorret non modo ab hujus seculi licentia, verum etiam a majorum consuetudjne, atque concefsis , quando enim hoc non factum est ? quando reprehensum ? quando non per- inifsum ? quando denique fuit, ut, quod licet, non liceretr Hie ego jam rem definiam : mulierem nullam nominabo; tantum in medium relinquam. Si qua? non riupta mulier domum suam pa- tefecerit omnium cupiditati, palamque sese in meretricia vita col- locarit, virorum alienifsimorum conviviis uti instituerit : si hoc in urbe, si in hortis, si in Baiarum ilia, celebritate faciet : si denique ita sese geret, nonincessu solum, sed ornatu atque comitatu ; non flagranti*! oclorum, non libertate sermonis, sed etiam complexu, osc'ulatione, aquis, navigatione, conviviis, utnon solum meretrix, sed etiam procax videatur : cum hac si quis adolescens forte fuerit, utrurji hictibi, L. Herenni, adulter, an amator ; expugnare pudi- (33) Qjn etiam meretriciis amoribus interdictum. juvenluti putet."] This pats age is often quoted by the libertine -with abundance of triumph and satisfaction, as giving a kind of sanction to his debaucheries. But there is no great reason for triumph : Cicero the orator, and Cicero the philosor prter, speak often very different language; and wherfever this is the case, siireiy the sentiments of the latter are to be preferred to those pf the for- mer. He is here pleading the cause of Calius, whom he knew to be a li- bertine; and a great part of what he advances must be looked upon as mete declamation, so that no great strefs is to be laid upon it : in his Of- fices, and his other philosophical writings, he talks in a very different strain, as all know who have read them with any degree of attention. The debauchee therefore, if he would have Cicero for his advocate, must take Cicero for his guide, must renounce the pernicious path of vice and folly, 339 this study, is at present, and always has been so fefhallj though its rewards, its pleasures, its glory, its honour, is so Very great? All pleasures must be relinquished ; delightful pursuits thrown up; diversions, mirth, banqueting, nay almost tne conversation of our intimate friends, must be renounced : this is what dis- courages men from the laborious study of eloquence, and not the want of genius or education. If Ccelius had followed such a course of life, would he have impeached a person of consular dignity, when so very young ? If lie were averse to labour, if he were held fast m the chains of pleasure, would he appear every day in this field of battle ■? Avould he be fond of enmity ? would he arraign any person ? would he expo.se his life to dan- ger ? would he contend for so many months, before the whole people of Rome, either for glory or preservation ? Sect. XX. But does the neighbourhood of Clodio send forth no odours? is the public voice silent? do not the waters of Baiae speak ? They not only speak, but they bawl ou-% that the lewdnefs of one woman is such, that she docs not only not look for solitude and darknefs, and the like covers for crimes, but takes pleasure in practising the most infamous debaucheries before crowds, and in the face of day. But if any person thinks that free intercourse even with prostitutes is to be denied to youth, such a one is severe indeed : I cannot contradict him; this, how- ever, I must say, that he differs not only from the freedom of the present age, but likewise from what our forefathers prac- tised and allowed. For was there ever a time when it was not done ? when it was condemned ? when it was not tolerated ? Li a word, was 'there ever a time in which a thing allowable was not allowed ? I will here propose a question ; I shali name no lady, but leave every one to judge for himself: if an unmarried woman should throw her house open to the lusts of all, profefs herself openly to be a prostitute, go frequently to entertaiments with mere strangers; if she should do this in the city, in her gardens, and at the Baise, a place of such resort; in a word, if she should show herself, not only by her gait, but by her drefs and train, not by the sparkling of her eyes and her indecent conversation, but likewise by her kifses, by her embraces, by her behaviour at the baths, in pleasure-boats, and at entertain- ments, to be not only a prostitute, but an impudent one ; if a young gentleman should happen to be seen with such a lady, whether, Herennius, would you look upon him as an adulterer, exchange the gratifications of a brute for the pleasures of a man ; in * b V °S ortfoR make VirtUC hlS Ch ° iCe ' 3nd then ha PP inefs wiU certainly 340 M. T. CICERONIS ORATIONES. citiam, an explere libidinem voluifke videatur ? ( 3 *) Objiviscor jam injtirias, Clodia: depono memoriam doloris mei : quap. abs te crudeliter in meos, me absente, facta sunt, negligo; ne.sint haec in te dicta qua^ dixi ; sed ex te ipsa require- ; quoniam et crimen accusatores abs te, et testem ejus enminis te ipsam di- cunt.se habere ; si qua mulier sit hujusmodi, qualem ego paulo ante descripsi, tui difsimilis, vita institutoque meretricio, cum bac aliquid adolescentem hominem habuifse rationis, num tibi perturpe, aut perflagitiosum efse videatur ? Ea si tu non es, sicut ego malo, quid est quod objiciant Ccelio ? sin earn te vo- lunt else, quid est, cur nos crimen hoc, si tu contemnis, perti- Biescamus ? Quare, nobis da viam rationemque defensionis ; nam et pudor tuus defendet, nihil- a M. Ccelio petulantius efse factum; aut imp-udentia et huic, et ceteris magnam ad se de-. fendendum facuitatem dabit, XXL Sed quoniam emersifse jam e vadis, etscopulos praeter r . vecta videtur oratio mea, perfacilis mihi reliquus cursus osten^ ditur. Duo sunt enim crimina una in muliere summorum fa- cinorum; auri, quod sumptum a Clodia dicitur : et veneni, quod ejusdem Clodiee necandge causa parafse Ccelium criminan- tur. Aurum sumpsit, ut dicitis, quod L. Lucceii servis. daret, per quos Alexandrinus Dio, qui turn apud Lucceium habitabat, necaretur. Magnum crimen ve\ in legatis insidiandis, velin servis ad hospitem domi necandum solicitandis: plenum sceleris consilium, plenum audaciae. Quo quidem in crimine primum illud requiram, dixent-ne Clodiae, quam ad rem aurum turn slime-ret, an non dixerit ? si non dixit, cur dedit ? si dixit, eodein se conscientiae scelere devinxit. Tu-ne aurum ex arma- rio tuopromere ansa es ? tu-ne ( 35 ) Venerem illam tuam spolia- triceui spoliare ornamentis ? Catterum, cum scires quantum ad facinus aurunJ hoc qurereretur, ad necem scilicet legati, ad L. Lucceii, sanctifsimi hominis atque integerrimi, labem, sceleris sempiterni ; huic facinori tanto tua mens liberalis conscia, tua domus populavis ministra, tua denique hospitalis ilia Venus ad- jutrix efse non debuit. Vidit hoc Balbns: [facinoris tan turn] celaturm efse Clodiam dixit, atque ita Ccelium ad illam attulifse, se ad ornatum ludorum aurum quporere. Si tarn famiiiaris erat Clodia-, quam tu e&e vis ? cum de libidine ejus tarn multa dicis ; dixit proiecto, quo vellet aurim : si tarn famiiiaris non erat, non (34) Oblivi scor jam injurias, Clodia,'] Cicero here refers to the injurious treatment he met with from the Clodian family, when he went into banish- ment; tor an account of which, see his oration/or his o-x-ii house. (35) Venerem illam tuam spoliatricem.'] It appears from several pafsages of the ancient's, that it was usual for prostitutes to have a statue of Venus in their closets* which they generally adorned with jewels: accordingly Clodia is said to have had a very fine one of gold. 341 or a gallant; as one who wanted to attack chastity, or only to gratify his pafsion ? I now iorget my wrongs^ Ctbdia ; I lay aside the rememb at I muttered ; I pals over your cruelty to my fan <>y absence. Let not what I have said T)e appK&d to you; but as the prosecutors give out, that you fun. km with this accusation, and that your evidence is "to pi 0/0 the fact, I ask yourself whether, if there is such a woman as I iiave just now described, of a character indeed very unlike yours, but who is a profeised prostitute, you would look upon it to be a very shameful or a very criminal thing for a young gentleman to have any intercourse with her ? If you are not the woman, as I hope you are not, what is it they can object to ' Ccelius ■? but if you are, why should we be afraid of an accusa- tion which you despise ? Furnish us then with the means of making our defence ; for either your chastity will prove that 'Ccelius has done nothing infamous, or your impudence will plead strongly in his favour, and in that of others. Sect. XXI. "iBut as I seem now to have got clear of the shal- lows and rocks that stood in my way, an easy course presents itself for the rest of my cause. Ccelius is charged with two enormous crimes against the same lady ; with having borrowed gold of Clodia, and with having prepared poison to kill her : "the money he borrowed, according to you, to be given to the 'slaves of L. Lucceius, by whom he was to murder Dio the Alexandrian, who lived at that time with Lucceius. A weighty charge this, either to lay snares for ambafsadors, or to solicit slaves to afsafsinate their master's guest: a design fraught with 'guilt, fraught with audaciousnefs. But here I will ask, in the first place, whether Ccelius told Clodia for what purpose he borrowed the money at that time, or whether he did not ? If he did not tell her, why did she give it him? If he did, she was equally guilty. Did you dare to take gold out of your cabinet r to strip that plundering Venus of yours of her ornaments? Be- sides, when you knew for what horrid purposes this money was borrowed ; namely, to afsafsinate an ambafsador, to fix an eternal blot on the character of L. Lucceius, a man of the greatest worth and integrity ; your generous heart ought never to have been privy, your popular roof subservient, nor that hospitable Venus of yours accefsary to so enormous a crime. Bal bus was sensible of this; accordingly he says, that Clodia knew nothing of the matter, and that Ccelius told her he asked the money to defray the expenses of his public sports. li was fo very intimate with Ciodia, as you would have us believe, when you enlarge so much upon his debauchery, he certainly • told her what he intended to do with the gold; if he was not so intimate, then she did not give it him. If Ccelius then, O abandoned woman! told you the truth, you was conscious 342 M. T, CICERONIS ORATIONES. dedit. Ita, si verum tibi Ccelius dixit, 6 immodrata mulier I scieus tu aurum ad facinus dedisti : si nou est ausus dicere. non dedisti, XXII. Quid ego nunc arguments huic crimini, quag sunt in- numerabilia, resi^tam? pofsum dicere, mores M. Ccelii longis- siine a tanti sceleris atrocitate efse disjunctos: minime efse cre- dendum, homini tarn ingenioso tamque prudenti non venitse in mentem, rem tanti sceleris ignotis alienisque servis non efse credendam. Pofsum etiam ilia et cseterorum patronorum et inea. consuetudine, ab accusatore perquirere, ubi sit congrefsus cum servis Lucceii Ccelius: qui ei fuerit aditus ; si per se, qu£ temeritate !. si per alium, per quern ? pofsum omnes latebras suspicionum peragrare dicendo: non causa, non locus, non facultas, non conscius, non perficiendi, non occultandi raale- ficii spes non ratio ulla, non vestigium maximi facinoris repe- rietur. Sed haic quae sunt oratoris propria, quae mihi non propter ingenium meum, sed propter hanc exercitationem usumque di- cendi, fructum aliquem ferre potuifsent, cum a me ipso laborata proferri viderentur, brevitatis causa, relinquo omnia. Habeo enim, judices, quern vos socium vestrae religionis jurisque jurandi facile else patiemini, (> 6 ) L. Lucceium, sanctifsimum hominem, et gravifsimum testem; qui tantum facinus in famam atque for- tunas suas neque non audifset illatum a Coelio, neque neglexis- set, neque tulifset. An die vir, ilia humanitate prseditus, illis studiis, artibus atque doctrina, jllius ipsius periculum, quem propter hasc ipsa studia deligebat, negligere potuifset r et quod facinus in alien urn hominem illatum severe acciperet, id omisis- set curare in hospite ; quod, per ignotos actum cum comperifset, doloret, id a suis tentatum negligeret ? quod in agris, locis-ve publicis factum reprehenderet, id in urbe. ac suae domi cceptum efse leviter ferret ? quod in alicujus agrestis peiiculo non prae- termitteret, id homo eruditus in insidiis doctiisimi bominis dis- simulandum putaret ? Sed cur diutius vos, judices, teneor ipsiqs jurati religionem, auctoritatemque percipite, atque omnia dili- genter tcstimonii verba cognoscite. ( 57 )Ricita testimonium Luc- ceii. TESTIMONIUM LUCCEII. Quid exspectatis amplius ? an aliquam voceni putatis ipsam pro se causam et veritatem (36) L. Lucceiitm fanctifsimum hominem.'] This Lucceius was a man of great learning and abilities : he wrote the history of the Italic and Marian civil wars, and undertook that of Cicero's consulship ; but whether he finished it, or not, is uncertain. There is a celebrated letter of our orator to this Lucceius, which is often alleged as a proof of his excefsive vanity and iove of praise." (37) Recita testimonium Lucceii.~\ Lucceius w^as not present himself at this trial, but sent Ins evidence, which was publicly read in court. CICERO'S ORATIONS. to the -crime, arfd gave him money to perpetrate it : if he did not dare Co tell yott^nen you did not give it. Sect. XXII. Why now should I refute this accusation by arguments which may be brought without number ? J may say, that the manners of M. Coelius are at the greatest distance from so enormous a crime: it is not at all credible, that a man of such prudence and penetration could ever have thought of en- trusting an affair so highly criminal to strange and unknown slaves. I may likewise, according to my own custom, and that of other pleaders, ask the accuser where Ccelius met with the slaves of Lucceius ? how he had accefs to them ? If by himself, what rashnefs ! if by another, who was the man? I may enu- merate every pofsible gromid of suspicion, and still affirm, that there is no foundation for this crime ; that Ccelius could not be privy to it, could have no opportunity, no means, no hopes of accomplishing, none of concealing it ; in a word, that there is not any shadow of proof, any traces of such atrocious guilt. But all these, which properly belong to an orator, as I might seem to have laboured them with great care, I pafs over for the sake of brevity 5 though I might have rendered them service- able to me, not through any superiority of genius, but by my practice and experience in pleading. For I have, my lords, the testimony of L. Lucceius, a man of the strictest honour, and of the greatest authority, whose oath and integrity you will readily allow to be compared. with your own; who must cer- tainly have heard of such an attack made by Ccelius upon his fame and fortune, and if he had, would neither have despised, nor put up with it. Would a man of such politenefs, of such erudition, of such knowledge, have neglected the danger of one who was so dear to him on account of these very accomplish- ments? And would he not have endeavoured to prevent such villany when designed against his guest, which he would have resented so highly if designed against a stranger ? Would he have slighted an action attempted by his own domestics, which would have grieved him if committed by those he did not know ? what he would have condemned, if done in the fields, or any public place, would he have been unconcerned at if attempted in the city and in his own house? Would a man of learning connivft at a plot against a man of the greatest learning, when he would not slight the danger of the meanest peasant ? But why, my lords, do I detain you any longer ? consider the integrity and authority of this witnefs, on his oath, and weigh Carefully every word of his evidence. Read the evidence of Lucceius. The evidence of Luccejus. — What more do you expect? Do you imagine that this cause itself, and that truth can open their mouths, and give evidence for themselves? This is the defence 344 M. T. CICERONIS ORATIONES. poise mittere? haec est innocentige defensio, haec ipshis causa? emtio, haec una vox veritatis: in crimine ipso nulla suspicio est, et m re nihil est argumenti: in negotio, quod actum efse dicitur, nullum vestigium sermonis, loci, tempons: nemo testis, nemo conscius nominatur, totum crimen profertur ex inimica, ex in- fami, ex crudeh, ex facinorosa, ex libidinosa domo: domus au- tem ilia, quse tentata sceiere isto nefario dicitur, plena est inte- gritatis, oiiicii, religionis: ex qua domo re&itatur vobis jure- jnrando devincta auctoritas: ut res minime dubia, tamen in con- tentione ponatur, utrum temeraria, procax,irata muiier fmxifse crimen, an gravis, sapiens, moderatusque vir religiose testimo- nium dixii'se videatur. XXHI. Beliquum est igitur crimen de veneno : cuius ego neque prineipium invenire, neque evolvere exitum poisum. Qua} fuit en^m causa, quamobrem isti mulieri venenum velLet dare Ccelius ? ne aurum redderetr num petivit? ne crimen haereret ? num quis objecit ? num quis denique fecifset men- tionem, si hie nemini nomeri" detulifset ? Quin etiam Hereimiurn dicere audistis, verbo se molestum non tuturum ruifse Ccelio, nisi iterum eadem de re suo familiari absoluto nomen hie detu- lifset. Credibile est igitur, tantum facinus null am ob causam efse commifsum ? et vos non videtis fmgi sceleris maximi cri- men, ut alterius causa sceleris suscipiendi fuifse videatur? Cui denique commisit ? quo adjutore usus est ? quo socio ? cui tan- tum racinus, cui se, cui salutem suam credidit ? servis-ne nm- lieris? sic enim objectum est ; et erat tarn demens hie, cui • vos ingenium certe tribuitis, etiamsi csetera inimica oratione detrahitis, ut onmes suas for tunas alienis servis committeret? at quibus servis ? refert enim magnopere id ipsum : his-ne, quos intelligebat non communi conditione servitutis uti, sed licentius, liberius, familiarius cum domina vivere? quis enim hoc non videt, judices, aut. quis hoc ignorat, in ejusmodi domo, in qua mater-familias meretricio more vivat : in qua, nihil geratur, quod foras proferendum sit: in qua lustra, libidines, luxuries, omnia denique inaudita vitia atque fiagitia versentur ; ( 3rt ) hie servos non efse servos, quibus omnia com- mittantur, per quos gerantur, qui versentur iisdem in volupta-- tibus, quibus occulta credantur, ad quos aliquantum etiam ex (JS) Hie servos non efse servos."] Nothing can be more just and sensible titan this reflection of- Cicero, that in families where vice and debauchery prevail, servants become masters. Being privy to whatever is transacted, their masters are entirely in their power ; they are afraid of punishing them when they do amiis, and become the objects of their ridicule, of their con- tempt, and scorn. _ , CICERO's ORATIONS. 345 of innocence; this the language of the cause itself; this the na- tive voice of truth. The charge has no presumption, the crime no argument to support it: in the businefs which is said to have been transacted, there is not the least appearance of consultation, of time, or of place ; no witnefs, no accomplice is named : the whole accusation proceeds from the infamous, the cruel, the wicked, the lewd house of an enemy: but the bouse, on which so foul an imputation is fixed, is full of ho- nour, humanity, and truth : from this house evidence is given upon oath; so that the matter we are now debating admits of vcrv little doubt, only whether it is more likely that a rash, im- pudent, angry woman should forge an accusation, ~or that a grave, prudent, and worthy man should have the strictest re- gard to truth in giving his evidence ? Sect. XXIII. All that remains therefore is the charge of poi- soning, of which I can neither trace the beginning, nor disco- ver the design. For what couk^prompt Ccehus to attempt poi- soning that lady ? That he might not return the gold ? pray did she ask it ? That he might not be charged with it ? did any ono charge him ? would any one even have made mention of it, if Ccelius had accused no person ? Besides, you heard Herennius say, that he should never have spoke a word against Ccelius, if he had not a second time accused his friend of the same crime, after being once acquitted. Is it credible then that so atrocious a crime was committed without any reason ? and do not you see that one enormous. piece of villany is pretended to have been committed, that it may seem to have been done in order to commit another ? Once more, whom did he employ to execute it? whom did he make use of as his accom- plice? whom, as his companion? whom, as his confidant? Whom did he trust with such a crime, whom with him- self, whom with his own safety ? The slaves of this woman ? for so it is alleged ; and was this man, whom you allow to have capacity, though you deny him every thing, else, guilty of such madness as to trust his all to strange slaves? But to what kind of slaves ? for this is a circumstance of great impor- tance: was it to those whom he knew not to be subject to the common lot of slavery, but who lived in a very free and familiar manner with their mistrefs ? For who does not see this, my lords ? or, who is ignorant that in a house where the mistress of a family lives like a common prostitute, in which nothing as transacted that c&i be carried abroad, which is a scene of de- bauchery, lust, luxury ; in a word, every unheard-of scandal- ous excess; that in such a house, I say, slaves are not slaves; since every thing is committed to them, every thing conducted by them; since they partake of the same pleasures, are in- trusted with secret^ and have even some share of the daily ex- Z . 346 M. Tj ciceronis orationes. quotidianis sumptibus ac luxuria redandent ? Id igitur Ccdhis non videbat ? si enim tarn familiar is erat mulieris, quam vos ;Tultis; istos qnoque servos familiares else dominse sciebat ; sin ei tanta consuetudo, quanta a vobis inducitur, non erat, quae cum servis potuit familiaritas else tanta ? XXI.V. Ipsiusautem veneni qua' ratio fingitur? jabi quccsituni est? quemadmodum paratum r quo paetp ? cui, quo in loco tra- (litum? llabuifse aiunt doirji, vimquc ejus else expertum in hcrvoquodam ad rem . ipsam parato, cuius pcrceleri interim eise ab hoc comprobatuni venenum. ( 39 ) Pro dii immortales ! cur interdu-in in .hornimmi sceleribus maximis, aut connivetis, ant prsusentis fraudis pcenas in diem reservatis ? Vidi enim, vidi, ct ilium hausi dolorem vel acerbitsimum in vita, cum Q. Metelius abstraheretur e sinu gremioque patriae: Cumque ilie vir, qui se joatum huic iinperio putavit, tertio die post, quam in curia, in .rostrisj in repub. floruifset, inte^errima artate, optimo habitu, .maximis virions, eriperetur indigniisime bonis omnibus arque universes civitati ; quo quidem tempore ille moriens, cum jam eaeteris ex partibus opprel'sa mens efsct, extremum sen sum ad memoriam reip. reservabat : cum me intuens rlentem significa- ,bat, interruptis atque moricntihus vocibus, quanta impenderet procella urbi, quanta tempestas civitati; et cum parietem sa:pe feriens eum, qui cum Q. Catulo fuerat ei communis, erebo Catulum, saepe me, stcpifsime rempublicam nominabat, ut non tarn seemori, quam spoliari suo prasidio cum patriam; turn etiam me doleret. Quern quidem virum si nulla vis re- pcntini sceleris sustulifset ; quonam modo ille furenti fratri suo patrueli consuleris restitifset, ( 4o ) qui consul incipientem fuere atque conar.lem, sua se maim interfccturum, audiente se- natu dixeritr" Ex hac igitur domo prog.reisa ista uiuiier de vc- ueni celeritate dicere audebitr nonne ipsam donmm metuet, ne quam vocem eliciat non parietes conscios, non noctem illam iunestam ac luctuosam perhorrescct r Sed revcrtar ad crimen; (39) Pro dii timnor. tales. f] Clodta was commonly thought to have pri- soned her husband, Q Metelius, who was an excellent magistrate, and a firm patriot, as .well to revenge his opposition to the a tempts of her bro- ther, as to gain the Greater liberty of pursuing his own amOtifs. Accordingly Cicero, interrupting the thread oMus argument, in a manner extremely wejl adapted to' move his hearers, inveighs against her astonishing impu- dence in daring to accuse (ulius ot" a cjesign to poison her, when she .herself lay under the suspicion of having poisorecl her own husband, on whom, to renuV her ihar;.:-ter, if poisible, still - iuore odibus, the orator "bestow? very h'mh. and indeed very just commendations. • (10) Q,'// " consul incipientem J it r ere, a/< : Jncturuni, iraditnte scnafu dixerit.] The attempt made by Clod ahe consulship of Metelius, to obtain the tribunate, that he might be revenge hlmsell upon Cicero, is here referred ti 347 penscs and luxury ? Did not Ccelius -then perceive this? for if he was so familiar with the lady as you give out, he could not b know that these slaves were familiar with their mistrefs ; b' I there was no such intimacy as you charge iiixn with, how he be so very intimate with her slaves \ Sect. XXIV. But how is this charge in regard to tendered' probable? Where was it got ? how was i\ id ? by what means? to whom, and where was it de 1 They say he had it at home, and tried its force on a sla.v ., and that for Cicero'9 own house. CICERO S ORATIONS. % r j9 tion indeed ; he did it, however, notwithstanding all my en- deavours to the contrary: after he was acquitted, lie renewed the accusation; he regarded none of us; and has much more impetuosity than I could wish. But I don't speak of wisdom, ■which is seldom to be met with in his years; I speak of the bent of his mind, of his paision for distinguishing himself, and his ardour for glory : all which, in persons of our age, ought to he more moderate ; but in youth, as in vegetables, they only show -what is to be expected from their virtue when arrived at hs maturity, and what a rich harvest is to spring from their industrv. And indeed it has always been more necefsary to cheek ymwg rnen of great genius in the career of glory, than spur them on ; and at that age much more is to be lopped than ingrafted, as its powers are opened and spread out by applause* It Coeiitu therefore appears to any to be too impetuous, sanguine 7l ami obstinate, either in conceiving or in prosecuting resentment; if the meanest of those that are here present are in the least of- fended by the purple he wears, the number of his friends, hi* splendour and elegance ; these things will quickly subside, a - .» and time will soon moderate them ail. Sect. XXXII. Preserve therefore to the state, my lords, a citizen of virtuous dispositions, of virtuous principles, and of virtuous friendships. This I promise to you, and engage for it to my country, if I myself have hitherto given satisfaction to the state, that his measures shall never be different from mine: this I promise, both on account of our intimacy, and because he has brought himself under the strongest engagements to per*- form it. For it is impofsible that he who impeached a person of consular dignity for attempting the ruin of the state, should himself be a seditious citizen: it is impofsible that he should ever dare to practise the arts of corruption, who accused anothcr of practising them, after being once acquitted. The state, my lords, has of M. Ccelius two impeachments, as hostages that he will never bring her into danger, and as pledges of his affection. In a city, therefore, my lords, where within these few days Sextus Clodius has been acquitted, whom for two years you have seen either the instrument or the leader of sedition ; who, with his own hands, has set fire to the temples, the registers, and the archives of Rome ; a man without estate, without honour, without hope, without a dwelling, without any fortune; whose mouth, whose tongue, whose hands, whose whole life is pol- luted ; who 'demolished the monument of Catulus, threw down my house, and burnt that of my brother; who, in the Palatium^ and before the eyes of all Rome, raised the slaves to butcher our citizens, and set fire to our city ; lint-feat and conjure you, that you would not suffer him to be acquitted in the same city 360 M. T. CICERONIS 0RATI0NES. mini ilium absolutum muliebrie gratia, M. Coelium libidini mu- liebri condonatum : ne eadem mulier cum suo conjuge et fratre, turpifsimum latronem eripuifse, et honestifsimum adolescentern opprefsifse videatur. Quod cum hujus vobis adolescentiam pro- posueritis, ( 50 ) constituitote vobis ante oculos hujus etiam miseri senectutem, qui hoc unico filio nititur, in hujus spe requiescit, hujus unius casum pertimescit : quern vos supplicem vestra? misericordioe, servum potestatis, abjectum non tarn ad pedes, quam ad mores sensusque vestros, vel recordatione parentum vestrorum, vel liberorum jucunditate sustentate : ut in alterius dolore, vel pietati, vel indulgentia; vestrag serviatis. Nolite, judices, aut hunc jam natura ipsa occidentem velle maturiiis ex- stingui vulnere vestro, quam suo fato : aut hunc nunc primuni florescentem firmata jam stirpe virtutis-, tanquam turbine aliquo aut subita tempestate pervetere. Conservate parenti filium, parentem filio, ne aut senectutem jam prope desperatam con- tempsifse, aut adolescentiam plenam spei maximas non modo non aluifse vos, sed etiam perculifse atque aiflixifse videamini. Quern si vobis, si suis, si reipublicse conservatis, addictum, ob- strictum vobis ac liberis vestris habeditis: omniumque hujus nervorum ac laborum vos potifsimum, judices, fructus uberes diuturnosque capietis. (50) Constituitote vobis ante oculos hujus etiam miseri senectutem.'] Scarce any thing can be of greater efficacy \o melt the mind into tepdernefs and companion, than the sight of old age overwhelmed with sorrow and afflic- tion ; this circumstance, therefore, wrought up with so much beauty by one who was master of all the powers of eloquence, and knew well all the avenues to the human heart, could not fail of imprefsing the judges with favourable dispositions to Cceiius, who accordingly was acquittedT 361 through the interest, and M. Codius to be sacrificed to the lusts of a woman ; lest the same person with her husband, I mean her brother, should seem to have saved a most infamous robber, and ruined a young man of the greatest worth. And when you have considered die youth of Ccelius, place before your eyes the old age of this his wretched father, who has no other support but this only son ; who founds all his hopes upon him, and has no fears but upon his account. If your hearts were ever touched with pious sentiments to parents, or with tender affection to children, support him, here prostrate before you; not so much to testify his respect, as to move your compafsion ; t bat the sorrows of both may excite in you every emotion of filial piety and paternal fondnefs. Let not the one, my lords, who is already sinking into the grave by the weight of years, be cut off by your severity, sooner than by the stroke of nature ; nor the other, now that his virtues have taken deep root, and just begun to blofsom, be thrown down as it were by some violent blast or sudden tempest. Preserve the son to the father, the father to the son, that you may not appear to have despised an old man almost destitute of every hope; and not only to have refused cherishing a youth of the greatest hopes, but even to have depreised and ruined him. By preserving him to your- selves, to his friends, to his country, you will find you will attach and consecrate him to you and your children ; and you, my lords, will reap the fairest and most lasting fruits of all his abilities, and of atl his toils, A* ORATIO XL IN L. CALPURNIUM PISONEM* I. (') TiVMNE vides, bellua, janme sentis, quae sit hominurn J querela frontis tint? ( 2 ) Nemo queritur Syrum, nescio quern, de grege novhiorran, factum else consulem ; non enim. 210s color iste servilis, non pilosac genae, non denfces putridi decepeiunt : oculi, snpercilia, frons, vultus denique tofcus, qui senno quidara tacitus mentis est* hie in errorem homines impuUt: hie eos, quibus eras ignotusj deeepit, fefellit, in fraudem indux.it. Fauci ista tua lutulenta vitia -noveramus • pauci tarditatem ingenii, stuporem debilitatemque linguae ; nunquam erat audita vox in foro : nunquam periculum factum consilii ; nullum non modo illustre, sed ne notum quidem fac- tum, autmilitioj, autdomi ', obrepsistiad honores errore hominum, (?) commendatione rmnosarum imaginum : quavum simile habes nihil prater colorem. Is mihi etiam gleriabitur, se om- * L. Calpurnius Piso was consul with Gabinius in the year of Rome 695 ; thev were both the profefsed enemies of Cicero, and concurred with Clodius m those violent measures which terminated in his banishment. Upon the expiration of his consulship, Piso went to his government of Macedonia, where his administration was extremely inglorious; he op- prefsed the subjects, plundered the allien, and lost the best part of h>s troops against, the neighbouring Barbarians, who invaded and laid waste the country,, Cicero, alter his return from exile, neglected no opportu- nity of being revenged ; upon occasion of a debate in the senate about the consular provinces, he exerted all Ins authority to get him recalled -with some marks of disgrace, and accordingly the senate decreed his re- vocation; when he arrived at Rome, he entered th« city, obscurely i jgnominiously, without any other attendance than his own retinue. On Ins first appearance in public, trusting to the authority of Casar, who was his son-in-law, he had the hardineis to attack Cicero, and complain to the senate of his injurious treatment of him. Cicero, provoked by his :rnpucjent attack, replied to him upon Che spot in the following oration, which is a severe invective upon his whole life and ton ' 4f i ; and which, if invectives are to be considered as faithful memoirs, mu>t transmit to all posterity the most detectable character of him. (1) Janme vides, bellua.'] The beginning of this- oration is lost, excepting a few fragments preserved by Aseouius. (-2) Acw.i) querilor Syrum, uescio qvtm,"\ By Syrum is here meant, a stave; lor ir^as usual ,to call slaves by the game of the country frcui ORATION XL AGAINST PISO. Sect. I. T~\OST thou not now see, blockhead, dost thou not jL/ now perceive what complaints are made of thy impudence? No one complains that an obscure Syrian, from amongst a crowd of new-bought slaves, is made consul ; for his dark complexion, his hairy cheeks, and rotten teeth, would riot allow of any imposition; but here men have been deceived by those eyes, by those brows, by that forehead ; in a word, by that whole visage^ which is a kind of silent language of the heart : these have misled, abused, and imposed upon those who were strangers to them. There were few of us who knew your filthy vices, few who were acqainted with your dulnefs, ■with the stupidity and feeblenefs of your tongue. Your voice was never heard in the forum, nor your opinion in the senate: never was you illustriousj nor even known, for any action either in peace or war; you have crept into honours by the mistake of mankind, without any thing to recommend you but smoky images, which you resemble in nothing but their colour. v And shall he vainly boast even to me, that he has obtained the high- est offices of the state without repulse ? This I indeed may be allowed to say of myself with true glory, on whom, though but a iiew man, the Roman people have bestowed all their honours. whence they came. Some commentators have indeed imagined that Gabmius, who had Syria for his province, is pointed at; but there seems to be little reason for such an imagination. (3) Commend at tone fumor.arum imaginum ] The right of using pictures or statues at Rome, was only allowed to such whose ancestors, or them- selves, had borne some curule office, that is, had been curuleaedile, censor, prastor, r consul. He .that had the pictures or statues of his ancestors, was called ?iobilis: he that had only his own, novus; he that had neither, igrtobilis* It was usual for the Romans, as Cicero informs us in his book of Offices, to burn frankincense and wax-lights before them upon the diti Jest;; whence probably they are her*, called fumoste ; A a 2 364? M- T. C1CER0NIS ORATIONES. nes macnstratus sine repulsa afsecutum ? mihi ista licet de mz vera cum gloria pypedieare ; omnes enim honores popukis Ro- maivus mihiipsi homini novo, detu-lit. iSiarn tu cum quaestor es- factus, etiatfi qui le numquam viderant, ( 4 ) tamen ilium hono- rern nomihi mandabant tuo.< ./Edilis es factus : Piso est a populo Romano factus, non iste Piso. Praetura item majoribus delata est tuis ; notr erant illi mortmi: te vivum nondum noverat qnisquani. Me cum (*} qusestorurn in primis, sdilem priorem, praitorei'n primum cunctis sufrragiis poprvlus Roman us faeiebat,. homini ille honorem, non generi ; rnoribus, non majoribus meis * virtuti perspecta?, non audita? nobilitati, deferebat.. Nam quid e^o de consulatu loq.uor ? parto vis^ anne gesto ? Miserum me I ettm hac me nunc peste, atque labe confero I sed nihil compa- rand! causa ioquar j ac tamen ea quae stmt longifsime disjuncta comprehendam. Tu consul es renunciatus (nihil dieam gravius, qiiam. quod omnes fatentur) impedifeis reipublierje temporibus r dii'sidentibus cofs. Caesare et Bibulo, cum hoc non recusares,. cjuln li, a quibu? dicebare consul, te luce dignum non putarent r nisi nequior, quam Gabinius, exstitifses; me cuncta Italia, me omnes ordines, me universa civitas, non prius tabella quam voce, priorem consulem declaravit. II, Sed omitto, ut sit factus uterque nostrum ; sit sane fors dornina campi ; magnificentius est dicere, quemadmodum ges- serimus consulatum, quam quemadmodum ceperimus. Ego ka- lendis Januar: senatum et bonos omnes levL annis ante me consulem interpositam senatus auctoritatcm sustiimi contra "invidiam, atque defendi. (*) Ego adolescentes- bonos et fortes, sed usos ea conditione fortunae, ut, si elsent lila- cs Tamen ilium honor em nomini viand abant tuo.~] Cicero reproaches Piso- with being indebted for his advancement, not to personal merit, but to his name. He was descended indeed from one of the most illustrious families in Home, that of Piso Frugi, who had done many and distinguished ser- vices to- the Somali state. Our orator makes very honourable mention of him in his oration for Fonteius. (5) Quastoi em imprimis.'} Cicero obtained the q^asstorship in the first year in which he was capable of it by law, the thirty-first of his age; and was chosen the first of all his competitors "by the unanimous suffrages" of the tribes. (6) Si dv:idi non oportuit, si oportuit,'] Our orator probably makes this distinction for fear of giving offence to Csesar, who in his consulship had carried an Agrarian law bv violence, for distributing the lands of Campania to twenty thousand poor citizens, who had each three children or more. (7) XL an?ds ante me consulem.'] In this,- as in several other pafsages of his orations, Cicero is not scrupulously exact in his computations of "time; for from the death of Saturninus to his consulship, there were only thirty- f ve years: so that he must be understood as if he had said, almost forty years. (8) Ego addcsce?ites bonos et fortes.] What Cicero here refers to, was this. Sylla had by an exprefs law excluded the children of the proscribed from the senate and all public honours. The persons injured by this tyrannical 365 When you was made quaestor, even those who haci, never seen you, conferred that honour upon your name. You was made aedile ; but it was a Piso who was then chosen by the Roman people, and not that Piso. It was on your ancestors too that the pnetorship was bestowed ; these illustrious dead were known to every body; but you, though alive b was known by none. But when the Roman people, by their unanimous suffrages; made me quaestor, tedile, and praetor, the first or' all my com- petitors, they bestowed those honours upon Cicero, not upon bis family; upon his manners, not upon his ancestors ; upon his virtue which they had seen, and not upon his nobility they bad heard of. What shall I say of my consulship ?' Shall I show how I obtained it, or how I exercised it? To what a mi- serable situation am I now reduced, to compare myself with that reproach, that plague of his country! but I will say nothing', by way of comparison, and yet I will join things widely diffei- •ent from each other. You was declared consul, to say nothing more than what is universally confefsed, at a difficult period of the state, while the consuls Caesar and Bibulus were at variance ; and you yourself cannot deny that those who declared you ■consul, would have deemed you unworthy of the light, if you bad not surpafsed Gabinius in wiekednefs. But I was declared the first consul by the suffrages and acclamations of all Italy, of all orders of men, and of the whole state. Sect. II. I shall not mention the manner,. however, in which each of us was made consul, let chance be supposed to have presided in the field of election : it is more glorious to relate how we conducted ourselves in the consulship, than how we obtained it. On the first of January I delivered the senate, and every worthy Roman, from the terror of the Agrarian Jaw, and that of boundlefs corruption. J preserved the Cam pan i an lands, if it was not proper they should be divided, if it -was, I reserved that employment for those that were better qualified to discharge it. In my pleading for C. Rabirius, who was accused of treason, for having killed Saturninus, forty years before my consulship, I supported and defended the authority of the senate when attacked by envy. I excluded from honours a number of brave and worthy young men, but thrown by fortune into so mi- act, being many, .and of great families, used all their interest to get it re- versed. Cicero was of opinion, that their petition was, from the condi- tion of the times, highly unseasonable however eqctitable ; since it was natu- ral to suppose, that'the first use an opprefsed party would make of the reco- very of their power, would be to revenge themselves on their opprefsors. Accordingly he made it his businefs- to prevent that inconvenience, aud ■found means to persuade those unfortunate men, that to bear their injury was their benefit; and that the government itself, could not stand, if Sylla's laws were then repealed, on which the quiet and order of the re- public were established. Mr. Guthrie, in a note upon this pafsage, fails A a 3 366 M. T. GICE5L0NIS ORATIONES. gistratus adepti, reipub. statum convulsuri viderentur, meis ini- micitiis, nullj. senatds mala gratia, comitiorum ratione privavi ; ego Antoniumcollegam,cupidum provincioe, multain republics, molientem, patientia atque obsequio nieo niitigavi. Ego pro- vineiam Galliam senatus auctoritate, exercitu et pecunia in- structam et ornatam, quam cum Antonio communicavi, quod ita existimabam tempora reipubl. ferre, in concione deposui, recla- mante populo Romano. Ego L. Catilinam, c&dem senatus, inte- ritum urbis, non obscure, sed palam molientem, egredi ex urbe jufsi: ut a quo legibus non pqteramiis, moenibus tuti efse poise- mus. Ego tela extremo mense consulates mei intenta jugulis ci- vitatis de conjuratorum nefariis manibus extorsi. Ego faces jam. accenses adhujus urbis incendiumcomprehendi , protuli , exstinxi. III. Me Q. Catulus princeps hujus or dims, et auctor publici consilii, frequentifsimo senatu, parentem patriae nominavit. Mihi hie vir clarifsimus, qui propter te sedet, L. Gellius, his audientibus, civicam coronam deberi a repub. dixit. Mihi togato senatus, non, ut multus, bene gesta?-, sed ut nemini, con- servatai reipublicae, singulari genere^supplicationis, deorum im- mortalium templa patefecit. (9) Ego cum in concione, abiens magistrate, dicere a. tribuno plebis prohiberer, quae constitue- ram ; cumque is mihi tantummodo ut jurarem, permitterit ; sine ulla dubitatione juravi, rempubl. atque hanc urbem mea linhis opera efse salvam. Mihi populus Romanus universus, ilia in concione, non unius diei gratulationem, sed aeternitatem irn- mortalitatemque donavit, cum meum jusjurandum tale atque tan- turn, jurat us ipse, una voce et consensu approbavit- Quo quidem tempore is meus dounum fuit e foro reditus, ut nemo, nisi qui me- cum efset, civium else in numero videt etur. Atque ita est a me con- Mtlatus peractus, ut nihil sine consilio senatus, nihil non appro- bante populo Romano egerim : ut semper in rfo'stris curiam, in &enatu popuium defenderim : ut multitudinciii cum principibus, foul upon Cicero, whose conduct, en this occasion, he ?ays, ^\as both im- politic and unjust, and the apology he make? for it, a sneaking one. But the ingenious and learned Dr. MtckUeton with more judgment observes, that he acted the part of a wise statesman, who is often forced to tolerate, and even maintain what he cannot approve, *>r the sake of the common good; agreeably to what he lays down in his book of Offices, that 7nc.n1/ t/iings zi-hzch are naturally right and just, arc yet by certain circumstances and conjunctures qf times, made dishonest and unjust. (9) Ego cum in concione, abiens magitsratu, dicere a tribuno plebis pro- hiberer, qua: const ituerem.'] It was usual to resign the consulship in an afsembly'of the people, and to take an oath of having discharged it ui'k fidelity.' This was generally accompanied with a speech from the expiring cpnsul; and after such a year, and from such a speaker, the city was in no small expectation of what Cicero would say to them? but Metellus, one of the new tribunes, who generally opened their magistracy by some i-emavkable act, as a specimen of the measures they intended to pursue, disappointed both the orator and the audier.ee: "for when Cicero hatj CICERO*S ORATIONS, 367 serabje a situation, that it" they had obtained power, they would probably have employed it to the ruin of the state ; and this by- rendering myself only obnoxious, without Bringing the senate under any odium. By my patience and complaisance I softened my colleague Antony, who was desirous of a pro- vince, and was meditating many things against the statu. In a public afsembly, contrary to the inclination of the Roman people, I resigned the province of Gaul; which, by the se- nate's order, was well furnished with money and troops; and exchanged it with Antony, because, I thought, the situation of the state required it. L. Catiline, who was projecting the murder of the senate, and the destruction of Rome, not se- cretly but openly, I ordered to leave the city ; that, as our laws would not defend us from him, our Avails might. In the last month of my consulship, I wrested from the wicked hands of conspirators, the swords which they aimed at the throats of my fellow-citizens. I seized, produced, and extinguished the torches that were lighted up to set fire to the city. Sect. III. Q.. Catulus, prince of the senate, and the guide of public deliberations, in a full house, declared me the father of my country. L. Gellius, that illustrious senator who sits near you, said in the hearing of this afsembly, that a civic crown was due tq me from the republic. The senate, by an extraordinary kind of supplication, opened the temples of the immortal gods to me in my robes of peace, not for having done service to the state, which had been the case of many, but for having saved it from ruin, which had happened to none, Upon, the expiration of my office, when a tribune of the people hin- dered me from saying publicly wiiat I intended, and would only allow me to take the oath, I swore without any hesitation, that I alone had preserved the commonwealth and this city from de- struction. The whole Roman people upon that occasion be- stowed upon me, not the acclamations of a day, but an eternity and immortality of applause ; for with one voice, and with one conseqt, they confirmed this my solemn and impor tant oath, and swore themselves that "what I said was true: after which my return from the forum to my own house was such, that none but these who attended me seemed to be Romans. Such indeed was my conduct during the whole of my consulship, that J did nothing without the advice of the senate, nothing without the approbation of the Roman people. From the rostra I always mounted the Rostra, and was ready to perform this last act of his office, he would not suffer him to speak, or do any thing more than barely take the oath ; declaring, that he who had put citizens ta death unheard, ou^hi not to be permitted to speak fur himself. Aa4 36§ M. T. CICERONIS ORATIONES. equestrem ordinem cum senatu conjunxerim. Exposui bre- viter consulatum meum. IV. Aude nunc, 6 furia, de tuo dicere: cujus fuit initium ( ,c ) ludi Compitalitii, turn primumfacti post L. Metellum et Q,. Mar- cium cofs. contra auctoritatem hujus ordinis : quos Q. Metellus (facio injuriam fortifsimo viro mortuo, qui ilium, cujus, paucos pares hasc civitas tulit, cum hac importuna bellua conferam) sed ille designatus consul, cum quidem tribunus pleb. suo auxilio magistros, ludos contra senatusconsultum facere jufsifset, pri- vatus fieri vetuit: atque id, quodnondum potestate poterat, ob- tinuit auetoritate. Tu, cum, in kalendis Jan, Compitaliorum dies incidifset, Sex. Clodium, qui nunquam antea praetextatus fuifset, ludos facere, et praetextatum volitare pafsus es, bomi- jiem impurum, atque non modo facie, sed etiam oculo tuo dignifsimum. Ergo- bis fundamentis positis consulates tui, tri- duo post, inspectante et tacente te, a P. Clodio, fatali por- tentb prodigioque reipublicse, lex vElia et Fusia eversa est, propugnacula murique tranquillitatis atque otii. Collegia non ea solum, qua? senatus fustulerat, restituta sunt, sed innumera- bilia quoedam nova ex omni faece urbis ac servitio constitute, Ab eodem homine in stupris inauditis nefariisque versato, ve- tus ilia magistra pudoris et modestias, severitas censoria sublata est : cum tu interim, bustum reipubl. qui te consulem turn Ro- mae dicis fuifse, verbo nunquam significaris sententiam tuam tantis in naufragiis civitatis. V. Nondum quae feceris, sed quae fieri pafsus sis, dico : neque vero multum interest, praesertim in consule, utrum ipse perni- ciosis legibus, improbis concionibus rempubl. vexet, an alios vexare patiatur. An potest ulla efse excusatio, non dicam male sentienti, sed sedenti, cunctanti, dormienti in maxim o reipub. motu consuli ? centum prope annos legem iEIiam et Fusiam te- nueramus : quadringentos judicium, notionemque censoriam ; quas leges ausus est non nemo improbus, potuit quidem nemo unquam, convellere: quam potestatem minuere, quominus de moribus nostris quinto quoque anno judicaretur, nemo tarn ef- fuse petulans coriatus est. Hare sunt, 6 carnifex, in gremio se- pulta consulates tui. Persequere connexos his funeribus dies. (10) Ludi Compitalitii.~] The Ludi Compitalitii were so called from the Compita, or crofs-lanes, where they were instituted and celebrated by the rude multitude that was got together, before the building of Home: "after having been laid down for many years, they were revived, and held during the Gompitafia, or feasts of the lares, who presided as well over streets as houses. We arc told by .Suetonius, that Augustus ordered the Lares to be crowned twice a year at the Compitalitian games, with spring ilowers. Tills crowning the household gods, and offering sacrifices up and down in the Streets, ma,tfe the greatest part of the solemnity of the feast. 369 defended the cause of the senate, and in the senate that of the people; the lower sort of the people I united with the higher, and the equestrian with the senatorial! order. Thus have I briefly laid open my consulship. Sect IV. If thou darest now, detestable fury ! speak of thine, which was begun with the. Compitalitian games, then first exhibited since the consulship of L. Meted us and Q. "Mir- cius, against the authority of this order. Q. Meteilus, when consul elect, (but I do an injury to the memory of that brave man, who has had few equals in this state, when I compare him with this worthlefs being), forbade, as a private person, these games to be celebrated ; though a tribune of the people, in opposition to a decree of the senate, had ordered it; and thus effected by his credit, what lie could not as, yet have done by his power. These games falling upon the first of Ja- nuary, you suffered Sex. Clodius, that beastly .fellow,, and highly worthy of your countenance and friendship, "to celebrate, them, and to flutter about in his purple-bordered robe, though till then he had never wore it. Having thus laid the foundation of your consulship, three days after, the iElian and Fusian laws, those walls and bulwarks of the public peace and tranquil- lity, were abolished by P. Clodius, that pernicious monster to the state, whilst you looked silently on. Those fraternities which the senate destroyed, were not only restored, but num- berlefs new ones were raised, consisting of slaves, and the very dregs of the city. The same Clodius, who abandoned himself to the most horrible and unheard-of acts of lewdnefs and debauchery, abolished the severity of the censorship, that antient directrefs of manners and modesty ; whilst you, the sepulchre of the state, who tell us that you was then consul at Rome, never opened your mouth amidst the so great desola- tion of your country. Sect. V. I have hitherto mentioned not what you did, but only what you suffered to be done ; though indeed there is little difference, especially in a consul, whether he himself har- rafses the state by pernicious laws and wicked cabals, or allows others to do it. Can any excuse be made, I shall not say for a difsaffected consul, but for one who sits still, who loiters and sleeps during the greatest commotions of the state ? The JElian and Fusian laws we had observed almost for an hundred years, and the jurisdiction of the censors had subsisted four hundred: these laws one wretch endeavoured, but no man was ever able to shake ; as to the jurisdiction of the censors, no person ever arrived at such a pitch of audaciousnefs as to endeavour to lefsen it, and prevent our manners from being brought under their cognizance every fifth year. All these, thou executioner of the laws, were buried in the bosom of thy consulship. Go on, and inform us of svhat happened immediately after this desolation 270 M. T. CTCERONIS ORATIQNES. Pro Aurelio tribunali, ne connivente quidem te, quod ipsum eiset seel us, seel etiara hiiarioribus oculis, quam solitus eras, in- tuente, delectus servorum habebatur ab eo, qui nihil sibi un- quam nee r'aecre, nee pati turpe efseduxit ; (") arma in templo Castoris, 6 proditor templorum omnium ! vidente te, constitue- bantur ab eo latrone, cui templum illud fuit, te consule, arx d* vium perditoruui, reeeptacalum veterum Catilinae militum, castellum fovensis iatrocinii, bustum leg um omnium ac religio- runn. Erat non solum domusmea, sed totum Palatium senatu, equitibus Roman is-, civitate omni, Italia cuncta refertum: cum tu non modo.ad eum Cieeronem (mitto enim .domestica, qua; negari pofsunt : hsec commemoro, quae sunt palam), non modo, iiujuam, ad eum, cui primam commitiis tuis dederas tabulam prahrogatiyae, quern in senatu sententiam rogabas tertium, nun- qiuim aspinisri : sed omnibus consiliis, quae ad me opprimen- (juin parabantur, non interiuisti solum, veriim etiam crudeiii- snne praiuisti. VI. Mihi vero ipsi ( I2 ) coram genero meo, propinquo tuo, quae dicere ausus es ? egere, foris else Gibinium: sine pro- vincial stare non pofse: spem habere a tribune plebis, si tua consilia cum illo conjunxifses ; a senatu quidem desperate : hujus te cupiditati obsecjui, sicuti ego i'eciisem in college meo: nihil else quod presidium consulum implorarem : sibi quemque consulere oportere. Atque hire dicere vix audeo : vereor ne qui sit, qui otitis insignem nequitiam, frontis involutam in in- tegumentis, nondum cernat ; dicam tamen : ipse certe ag- noscet, et eum aliquo dolore flagitiormn suorum recordabitur. Meminibti-ne, aenum, cum ad te quinta i'ere horfi cum C. Pi- . sone veniisem, nescio quo § gurgustio te prodire, involuto ca- pita, soleatum? et, cum isto ore fcctido tetorrimam nobis po- pinam inhiai'ses, excusatione te uti valetudiuis, quod diceres, vinolentis te quibusdam medicaminibus solere cururi ? quam uos causam cum accepiisemus (quid enim facere poteranius?) (i 1) Arma in fi'mplo CWer/.v.] This templo was built by An! US Posthu- raius upon his victory over the Latins, about the year of Rome 258; in consequence of a fabulous story, which we lind related by Dionysius of Halicarnafsus. Two young horsemen, 'tis said, of an extraordinary and majestic stature, appeared to Posthumius during the battle of Regillus, ami fought for the Romans. ' In the evening, after the battle, they ap- peared at Rome in the forum, and after having told the crowd of citizens who surrounded them, the first news of the victory, they disappeared. The next morning the magistrates receiving letters from Posthumius, which among other circumstances of the battle, mentioned the sudden, appearance of the two young horsemen who fought for the Romans ; it Was concluded they were the same who had brought the news to Koine, and that they could be no other than Castor and Pollux: This fabulous story was believed among the Romans, and transmitted to posterity by public monuments, which were still subsisting in the time of Dionysius. (12) Coram gettero meo.'] This was C. Piso Frugi, on whom Cicero be- ttovB a very high character) and tolls us, that for probity, virtue, ma- CICERO'S ORATIONS. >37l .of tlis state. Before the Aurelian tribunal, a levy of. slaves was made by one who never thought any thing too infamous either to do or suffer, whilst you cjid not affect indeed to look on with indifference, though even this would have been a crime, but Beheld it with unuiual pleafure. Before thy eyes 9 thou #bp hast violated all the temples, arms were placed in the temple of ,Castor by that robber, who used it as a citadel for abandoned citizens, as a receptable for Catiline's veterans, as the strong hold of civil robbeiy, as the sepulchre of all laws, and of every thing sacred. Not only ply houfe,but the whole Paiatium was liiied with senators, with Roman knights, with the citizens of Home, arid the inhabitants of all Italy ; whilst you, (for I pais by domestic transactions, which may be denied, and coniinc myself to those that are publicly known) whilst you, I say, not only never afsisted that Cicero, whom., at your election, you employed to preside over the votes qf the leading century, and who was the third whose opinion you asked in the senate ; but. whenever any scheme was formed for my destruction, you was present, nay you cruelly presided. Sect. VI. But what was it you had the impudence to say to myself, before my son-in-law, your own kinsman ? that Gibi- nius was so very poor that he w r as not able to show his head ; that it was impofsible for him to subsist without a province ; that he had some hopes of one from a tribune of the people, if he and you were to join interests, but that he despaired of any- thing from the senate ; that you humoured him as I had done my colleague ; that it signified nothing to implore the help of the consuls; and that every man ought to look to himself. And here there are some tilings I scarce dare mention. I am afraid lest there should be any who do not yet perceive the excefsive wickednefs .which is concealed under the folds of that fellow's forehead: I will mention them however. He himself will cer- tainly acknowledge them, and the recollection of his crimes will be attended with some pangs of remorse. Host thou not re- member, thou lilthy wretch! how that, when C. Piso and I went to you almost at mid-day, we found you coming out from a little hovel, with your sandals on your feet, and your head rnurHed up ; and when you had almost overwhelmed us with a foetid steam poured rprth from your stinking mouth, how yq.ti excused yourself on account of your bad health, and alleged that you made use of vinous medicines ? After this apology, we re- mained a little (for what could .we do ?) amidst the stench and smoke of your filthy hovel, whence you forced us away by your desty, and every accomplishment of a fine gentleman and fine sneak'.'] he scarce had his equal among ail the voimg noblemen of Rome. 6 3t2 M- T. CICERONIS ORATIONES, paullisper stetimus in illo ganearum tuarum nidore atque fumo : unde tu noscum improbifsime respondendo, turn turpifsime eruc- tando ejecisti. Idem illo fere biduo productus in concionem ab eo, cui sic aequatum praebebas consulatum tuum, cum efses in- terrogatus, quid sentires de consulatu meo ; gravis auctor, Calattnus credo aliquis, aut Africanus, aut Maximas, et non Caesonius (") Semi-placentinus Calventius, respondes, alteroad frontem sublato, altero ad mentum deprefso supercilio, crude- litatem tibi non placere. VII. Hie te ille homo dignifsimus tuis laudibus collaudavit. Crudeljtatis tu, furcifer, senatum consul in concione condemnas? non enim me, qui senatui parui ; nam delatio ilia salutaris et diligens fuerat consul is : animadversio quidem et judicium sena- tes; quae cum reprehendis, ostendis, qualis tu, si ita forte ae- cidefset, fueris illo tempore consul futurus ; stipendio, nieher- cule, et frumento Catilinam else putafses juvandum ; quid enim interfuit inter Catilinam, et eum, cui tu senatus auctoritatem, salutem civitatas, totam rempub. provincae praemio vendidisti? Quae enim L. Catilinam conantem consul prohibui, ea P. Clo- dium facientem consules adjuverunt ; voluit ille senatum inter- ficere, vos sustulistis; leges incendere, vos abrogastis: interire patriam, vos adjuvistis. Quid est vobis cofs. gestum sine armis? incendere ilia conjuratorum manus voluit urbem ; vos ejus do* mum, quern propter urbs incensa non est. Ac ne illi quidem, si habuiisent vestn similem consulem, de urbis incendio cogitas- sent; non enim se tectis privare voluerunt: sed his stanti- bus nullum domicilium sceleri suo fore putaverunt; radem illi civium, vos servitutem expetistis. His vos etiam crude- Iiores ; nuic enim populo ita fuerat ante vos cofs. libertas irisita, ut emori potius quam servire prastaret. Illud veip geminum consiHis Catilinae et Lentuli, quod me donio mea expuiistis, Cn. Pompeium domum suam compulistis ; neque enim, me stante et manente in urbis vigilia, neque resistente Cn. Pompeio omnium gentium victore, uuquam >e illi rempub- licam delere poise duxurunt ; a me quidem etiam pcenas expel tis,quibus conjuratorum manes mortuorum cxpiaretis ; omne odi- um inclusum nerariis sensibus impiorumin me profudistis i quo- rum ego forori nisi cefeifsem,inCktUin8e busto,vobis ducibus,mac- tatus el'sem. Quod autem majua indicium exspectatis, nihil inter vos et Catilinam interfuifse, quam quod eandem illam nianum ex (13) Semi-plactnfinus.) Piso is here called Semi-placentinus, because his mother was of i'lacentia. ClCERo's ORATIONS. 373 low answers, and infamous belchings. About two days after, being brought into an afsembly by him with whom you had shared your consular authority, when you was asked what you thought of my consulship, with an air of gravity, like a Calatinus, an Africanus, orMaximus, and not like a half Placentian, sprung from Csesonius and Calventius, having one brow screwed up to your forehead, and another hanging down to your chin, you replied, that my cruelty did wt please you. Sect. VII. Here you was applauded by him who is highly worthy of celebrating your praises. Dost thou; villain! dost thou, a consul, charge the senate with cruelty in a full afsembly ? As for me, I have no share in the charge ; for I only obeyed the senate. To give salutary and diligent information belonged to me as a consul, but to bring to a trial and to punish belonged to them as a senate ;.Jay blaming which, you plainly show what you would have done, had you been consul at that time. I make no question but you would have given it as your opinion, that Catiline should be supplied with money and provisions; for where was the difference between Catiline and him with whom you bartered the authority of the senate, the safety of Rome, and the whole commonwealth, for a province? For P. Clodius was afsisted by the consuls in doing those things, in which I, as a consul, obstructed the attempts of Catiline. He wanted to murder the senate, you have taken away their autho- rity ; he wanted to burn the laws, you have abrogated them \ he wanted to destroy his country, and you have seconded his impious attempt. What was done during your consulship with- out arms? That band of conspirators wanted to set fire to the city, you to the house of him who prevented them. But had I been a consul like you, even they would never have enter- tained a thought of burning the city, for they would not have cared to destroy their own houses ; but whilst such senators remained, they imagined they could have no sanctuary for their crimes. Their aim was to murder their fellow-citizens, your's to enslave them. In this, your cruelty was 'greater than theirs : for before your consulship, so ardent was the love of liberty in the breast of every Roman, that they would have preferred death to slavery. It was in imitation of the conduct of Catiline and Lentulus that you drove me from my house, and confined Pompey to his ; for they never imagined they could destroy the state, whilst I was safe, and continued in the city as its w r atchman ; and whilst Pompey, the conqueror of all nations, opposed them. You required my blood to satisfy the manes of the conspirators, and poured forth upon me all the odium that lay. concealed in the breasts of the enemies of their country; to whose fury if I had not yielded, I had, under such leaders as you, been sacri- ficed upon the tomb of Catiline.. But w r hat stronger proof can 2 374 M> T. CICERONIS" OS.ATIONES/ intermortuis Catilinae reliquiis cohcitastis ? quod prime's undique perditos collegistis ? quod in me carcerem ertiidistis ? quod con- juratos avmastis? quod eorurn ferro ae fur or i meum corpus, atone omnium bonorum vitam objicere vokustis ? Sed jam retteo ad prtKclaram illam eoncionem tuam. VIII. Tu es ille, cui crudelitas displicet?- eui f' 4 ) cum sena- tus luctum ac dolorem suura restis mutatione deelarandum een- suifset, cum videres mcerere rempublicam amplifsimi ordims luctu, 6 noster niisericors 1 quidfacis? quod nulla in barb. quisquam tvrarinus j ; omitto enim illud, ( M ) consulem edicere, ut senatus senatusconsuko ne obtemperet: quo fcedius nee fieri, nee cogitari quidqnam potest; ad miserieordiam red eo* ejus, cui uimis vi'detur senatus in conservanda patria fuiise crudeiis. Edicere est au-sus cam iHo suo pari, auem tauten omnibus vitiis superare cupiebat, ut senatus, contra quant ipse censuif>et. ad vestitujn rediret. Quis hoc fecit ulla in Scythia tyrannus, ut cos, quos lucta afticeret, lugere nun sineret ? mseroreni relin- quis, moeroris auieis insignia : eripis lacrymas, non ccnsolandoy sed miuando. Quod si vest-em non publico tonsilio patres con- scripti, sed private ofricio aut mLsericordia mutaviisent; tamen id iis non licere per interdicta crudelitatis tua-, potestatis erat non icrendap. Cum vero id senatus frequens censuiiset, ordines reliqui jam ante feeifsent; tu ex tenebricosa popinfi consul ex- tractor, ( ,6 ) cum iila saltatrice tonsa senatuni populi Komani occasura atque interitum reipublicrc lugere vetuisti. IX. At quiorebat etiam paullo ante de me, quid ?uo mihi opus fuifset auxi'io? cur non rneis inimicis, meis copiis, rosti- tifsern? quasi vei6 non m do ggo, qui multis sape auxilio fuis- sem, sed quisquam tarn inops tuerit unquam, qui, isro non noodtj P'/opuguatore, tutiorein se, sed adrec'ato aut adstipulatore pa- ratiorem fore putaret. Et»o istius pecudis ac putidte carnis t (14) Cum scndiLi !i.ci\: .; k:. tMEO hundred miles from the city, for his distinguished >eal and activu Cicero':; service. This was followed presently b_\ an euict from hot suls, forbidding the senate to put their late'.vo*e- in execution, and Qor joining them, to resume their ordinary dreft. ClCERO'S ORATIONS. 375 you desire of the similarity of your conduct to that of Catilim •, than your raising the same band from the expiring remains of his associates? than your collecting all the abandoned from every quarter ? than your pouring forth the very gaols upon me? than }^our arming conspirators? than your exposing my person, and the life of every worthy Roman, to their rage and violence? But 1 now return to that admirable speech "of yours. Sect: Vlil. Are you the person who are shocked at cruelty? What did you, good tender-hearted sir! when the senate had resolved to signify their concern and affliction, by changi their habit, when you saw the highest frder of the state expi their sorrow by their mourning ? what the most barbarous tyrant never did. I pafs by the orders given by a consul, that the senate should not obey their own decree ; a proceeding, how- ever^ than which none can be conceived more infamous; and return to the compafsion of the man who thought the senate too cruel in saving their country. He had the impudence to order, in conjunction with that brother of his, whom yet lie was de- sirous to surpafs in all manner of wickednefs, that the senate, contrary to their own ordinance, should resume their usual ha- bit. What Scythian tyrant ever refused the liberty of groaning under the burden himself had imposed? You leave them in affliction, and won't allow them to give marks of it; you pre- vent theirs, not by consolation, but by menaces. Supposing the conscript fathers had changed their habit, not in conse- quence of a public ordinance, but from a principle of private friendship or compafsion, it would still have been an act of ty- rannical power had you cruelly interposed with your edicts to prevent it: but when a full senate had decreed it., when all the other orders of the state had already done it, then you, who was a consul, being dragged out from a dark tavern, with that sleek dancing lady, forbid the senate to lament the fall and rum of the state. Seci\ IX. But not long before he asked me what need I had for his afsistance, and why I had not opposed my forces to those c?f my enemies.? As if I, who had often afsisted many, nay, as «i the most destitute person alive would think himself more secure under such a protector, or better prepared for his trial with such an advocate and voucher. Was I desirous of throwing myself upon the counsels or protection of that filthy lump of brutality ? (16) Cum ilia saltairice tons&>~\ Gabinius is here meant, who is put Ls the feminine gender to denote his effeminacy, and is called saltatrix, because his joy at Cicero's banishment is said to have made him dance naked at a public entertainment. 376 M. T. CICERONIS ORATIONES. silio scilicet aut prsesidio niti volebam ? ab hoc ejecto cadavere cjuidquam mihi aut opis aut ornamenti exspectabam ? Consu- lem ego turn requirebam: consulem, inquam,non ilium quidem, quern in hoc animali invenire non pofsem, qui tantam reipub. causam gravitate et consilio suo tueretur; sed qui, tanquam truncus a.tque stipes, si stetifset modo, pofsit sustinere tamen ti- tulum consulates. Cum enim eiset omnis causa ilia mea consu- lates et seoatoria, auxilio mihi opus fuerat et consulis et senatus: quorum alterum etiam ad perniciem meam erat a vobis consuli- pus canyersunr^ alterufia reipublicse penitus ereptum. Ac ta- men, si consilium exquiris rneum, neque ego cei'sifsem, et me ipsa suo cotnp'exu patria tenuifset, si mihi cum illo bustuario gladiatore, et tecum, et cum collega tua decertandum fuiiset. Alia enim causa prastanlifsimi viri Q,. ]Nletelli fuit: quern ego civem meo judicio cum deorum immortalium laude conjungo: qui C. illi Mario fortifsimo viro, et cofs. et sextum consuli, et ejus invictis legionibus, ne armis conHioeret, cedendum efse duxit. Quod mihi igitur certamen eiset hujusmodi ? cum C. Mario scilicet, aut cum aliquo pari? ( ,7 ) an cum altero bar- bato Epieuro, cum altero Catilina? laternario? quos naque ego, neque supercilium tuum, neque college tui cymbala ac crotala fugi: neque tarn fui timidus, ut qui in maximis turbinibus ac fluctibus reipublicse navem gubernafsem, salvamque in porta collocafsem, frontis tuae nubeculam, turn collegx tui contamina- tum spiritum pertimescerem ; alios ego vidi ventos, alias pro- spexi animo procellas, aliis impendcntibus tempestatibus non cefsi, ( l *) sed his unuin me pro omnium salute obtuli. Itaque discefsu turn meo omnes illi nelarii gladii de manibus crude- lifsimis exciderunt: cum quidem tu, 6 vecors et aniens, cum omnes boni abditi inclusique mrererent, templa gemerent, tecta ipsa urbis lugerent, complexus es illud tunestum animal ex ne- fariis stupris, ex civile cruore, ex omnium scelerum importuni- tate et liagitiorum impuuitate eoncretum : atque eodem in tem- plo, eodem et loci vestigio et temporis, arbitria non mei solum, sed patriae runeris abstulisii. (17) An cum altero barbato Fjicurc.'] Fiso, in his outward carriage, af- fected the mein and garb of a philosopher, b< o in his look's, s lid in his drefs, slow in his speech, morose in hit; manners, the very p; of antiquity, and a pattern of the aiuiei t republic; hut under the gui virtue, he was a dirtv, sottium or- pando, atque celebrando; at omnibus saltern bonis, ut consuies, non tristifsimis, ut hostes, aut proditores prosequebantur. XIV. Tu ne etiam immanifsimum ac foedifsimum monstrum, ausus es meum discefsum ilium, testem sceleiis et crudelitatis tuaL j , maledicti et contumeliue loco poaere ? Quo quidem tem- pore cepi, P. C. fructum immortalem vestri in me et amoris et judicii ; qui non admurmuratione, sed voce et clamore, abjecti hominis et semivivi furorcm petulantiamque fregistis. Tu luc- tuin senatus, tu desiderium equestris ordinis, tu squalorem Italiae, tu curiae taciturnitatem annuam, tu silentium perpetuum judiciorum acfori, tu cateta ilia in maledicti loco pones, quae meus discefsusreipublicae vulnerainrlixit ? qui sicalamitosifsimus fuifset, tamen milericordia dignior, quam contumelia; et cum gloria potius efse conjunctus, quam cum probro putaretur; at- que ille, dolor meus duntaxat, vestrum quidem scelus ac de- decus babcretur. Cum vero (forsitan boc (]uod dicturus sum, mirabileauditu efse videatur; sed certe id dicam, quod sentio), xum tantis a vobis, P. C. beneficiis alfectus sim, tantis ho- (23) Cum profiscebamini paludati in provincics.~\ It was usual for the Roman magistrates, before they set out for their provinces, to go and pay their devotions in the capitol ; after which they began their march out of the city, habited in a rich paludamentum, which was a robe of purpleor scarlet, interwoven with gold, and were generally accompanied with a vast retinue of all sexes and ages. CICERO'S ORATIONS. 385 declared that no businefs should be done till the question was put concerning my return ? Were ye consuls, when ye said, though held fast by your convention, that you wished my re- turn, but that you were bound up by law ? Is it pofsible that men, nay that the public annals, can endure the consuls, who o-ive out that they are afraid of a law, which did not seem to bind private persons; a law, with which slaves hath branded the republic, which violence has engraved, which robbers have imposed, when the authority of the senate was abolished, when every worthy citizen was driven from the forum, when the state was in captivity ; a law, in a word, in contradiction to every other law, and pafsed without any of the usual forms ? For if you did not think that a law, which contradicted all laws, being only a tribunitian proscription of the person and estate of a free and uncondemned citizen, and yet were held fast by this con- vention ; who can reckon you not only consuls, but even free- men, whose souls were enslaved by corruption, and your tongues tied up by lucre? But if you were the only persons that thought it a law, who can think that you were then consuls, or are now consular, when you are ignorant of the laws, the institutions, the manners, and rights of a state, where you want to be reck- oned amongst its principal citizens ? When you set out in your military robes for the provinces, which you had either bought or extorted, did any one consider you as consuls ? and those who accompanied you to do you honour at your departure, though their number w r as but small, yet they attended you, no doubt, with good washes as usual to consuls, and not with such im- precations as are bestowed on enemies and traitors. Sect. XIV. And shalt thou, base and barbarous monster! dare to reproach me with my departure, that proof of thy guilt and cruelty ? Then it was, conscript fathers, that I received the immortal proofs of your love and regard for me, when you checked the fury and petulance of that abject half-dead wretch, not by murmurs, but loud acclamations. Dost thou reproach me with the grief of the senate, the sorrow of the equestrian order, the mourning of Italy ; with the senators having thrown up all public concerns, for the space of a whole year, with the continued silence of our courts and forum, and all the other wounds given the state by my departure ? Allowing it to have been unfortunate, it w r as still more worthy of compafsion than re- proach, rather to be accounted glorious than infamous ; and what was only an affliction to me, covered you with guilt and infamy. What I am going to say will, perhaps, appear somewhat strange, but I shall always speak what I think. Since then, conscript fathers, I have been so highly favoured and honoured by you, I am so far from looking upon my departure as a calamity, 386 M. T. CICERONIS ORATIONES. noribus; non modo illam calamitatem efse non duco; sed, si quid mihi potest a repub. efse sejunctum, quod vix potest, privatim ad meum nomen augend um, optandam ducomihi fuif&e illam expetendamque for tun am. Atque ut tuum lsetifsimum diem cum tristifsimo meo conferam, utrum tandem bono viro et sapi- enti optabilius putas, sic exire e patria, ut omnes sui cives sa- lutem, incolumitatem,reditum precentur, quod mibi accidit: an, quod tibi proficiseenti evenit, ut omnes exsecrarentur, male pre- carentur, unam tibi illam viam, et perpetuum efse velient ? mihi, medius fidius, in tanto omnium mortaiium odio, justo praesertim et debito, quaevis fuga, potius quam ulla provincia eiset optatior. XV. Sed perge porro: nam si illud meum turbulentifsinmm tempus profectionis tuo tranquillifsimo praestat, quid conferam reliqua, qua: in te dedecoris plena fuerunt, in me dignitatis? Me kalendis Januar. (*■») qui dies, post obitum occasumque nos- trum, reipublieoe primus illuxit, frequentifsimus senatus, con- cursu Italise, referente clarifsimo atque fortifsimo viro P. Len- tulo, consentiente popuio Romano, atque una. voce revocavit ; me idem senatus exteris nationibus, me Jegatis magistratibusque nostris auctoritate sua, cons ulari bus Uteris, non, ut tu Insuber dicere ausus es, oibatum patria, sed ut senatus illo ipso tempore appellavit, civem conservatorem reipublicae commendavit ; ad meam unius salutem senatus auxilium omnium civium cuncta ex Italia, qui rempub. salvam efse velient, consulis voce et Uteris impiorandum putavit ; mei capitis servandi causa Romam uno tempore, quasi signo dato, Italia tota convenit ; de mea salute P. Lentuli, praesrantifsimi viri, atque optimi consulis, Cn. Pom- peii, clarifsimi atque invictifsimi civis, caeterorumque principum civitatis, celeberrmue et gratifsjmae conciones fuerunt; de me senatus ita dvcrevit, Cn. Pompeio auctorc et ejus sententia? prin- cipe, UT, SI aUIS IMPEDlSSfcT REDITUM MEUM, IN HOSTIUM NUMF.RO PUTARETUR: iisque verbis ea de me senatus auctoritas declarata est, ut ncmini sit triumpbus ho- noriricentins, quam mihi salus restitutioque perscripta. De me, cum omnes magistratus promulgafsent, pneter uniini pratorem, a quo non fuit postulandum, fratrem inimici mei, (") praterque duos de lapide emptos tribunos plebis, legimcomitiis centuriatis tulit P. Lentulus consul de collegae Q. Metelli sententia : quern mecum eadem respublica, quae in tribunatu ejus disjunxerut, in consulatu virtute optimi ac justilsiim viri, sapientiiique conjunxit. (21) Qui dies, post obitum occasumque nostrum, reipublieoe primus iUuxit.~\ Cicero, who embraces every opportunity of displaying his own importance, represents himself, in this pafsa^e, as a bright luminary of the stale; which, during his exile, wis involved in darknefs. ( c 2b.) Praicrquc duos de lapide tmpios tribunos plebis.'] These tribunes were Sex. Attilius Serranns, and Num. Quinctius: ctt said in aliubon to the manner of selling slaves. CICERo's oration's. 387 that it seems to me to have been an event to be wifhed for, and greatly dehred, for the increase of my personal glory, if indeed I can have any glory, as I scarce can, separate from that of the state. But to compare the day of my greatest sorrow with that of your greatest joy, which do you think a (vise and good man would prefer ; to leave his country as { did, with the prayers of all his countrymen for his safety, welfare, and re- turn ; or ? as happened to you upon netting out for yolir pro- vince, to have the curses and imprecations of all, and their wishes that that journey might be your last? By Jove, had 'I incurred such universal hatred, especially such just and de- served hatred, I should have preferred flight at any rate, to any province whatever. Sect. XV, But, to proceed: If my departure, which was the most tempestuous period pt' my life, be preferable to your calmest days, what comparison will the rest admit of, so full of infamy to you, and of dignity to me? On the kalends of Ja- nuary, the first day that shone upon the state after my eclipse and fall, when all Italy flocked together, a full senate, with the afsent of the Roman people, unanimously recalled me, upon a motion made by that renowned and brave citizen P. Lentulus. The same senate, by its own authority, recom- mended me, in consular letters, to foreign nations, to our lieu- tenants and magistrates ; not as one banished from his country, as you, Insubrian, used to exprefs yourself, but, to use their own language, as a citizen, and the saviour of the state. For iny preservation alone; the senate thought proper, by the voice and letters of a consul, to implore the afsistance of our fellow- citizens throughout all Italy, who were concerned for the pub- lic welfare. To safe my life, all rtaly flocked to Rome, atone and the same time, as if upon an appointed signal. For my safety, many and weighty were the harangues of P. Lentulus, that worthy man and excellent consul; of Cn. Pompey, that renowned and invincible Roman ; and of the other leading men in the state. The senate decreed, upon a motion first made by Pompey, that whoever obstructed my return should be reck- oned an enemy to the state; and in such words was the autho- rity of the senate exprefsed in regard to me, that never, was a triumph declared to any person in more honourable terms, than those wherein my safety and restoration were conceived. When all the magistrates had published the bill for my return, excepting one praetor, from whom it. could not be expected, as be was brother to my enemy ; and two tribunes of the people, ,who were bought at common auction ; P. Lentulus, the consul, proposed the law in the comitia by centuries, with the consent of his colleague Q,. Metellus, whom the interests of the state, which had set us at variance in his tribuneship, united with me in his 3-3£ M, T. CICEROTJIS ORATIONES. Quae lex quemadmodum accepta sit, quid me attinet dicere ? vx vobis audio, nemini civi ullam, quo minus adefset, satis justam excusationem efse visam : nullis comitiis unquam, multitudiriem hominum tantarn, neque splendid iorem fuifse: hoc eerte video, quod indicant tabulae publicae, vos rogatores, vos diribitores, vos custodes fuifse tabulaium : et, quod in honoribus vestrorum propin quorum non facitis, vel aetatis excusatione, vel honoris, id in salute mea, nullo rogante, vos vestra sponte fecistis, v XVI. Confer nunc, Epicure ooster, ex tiara producte, non ex schola confer, si audes, absentiam tuam cum mea. ObtinuisU provinciam consularem fmibus iis, quos lex cupiditatis tua?, non quos lex generi tui pepigerat ; ( l6 ") nam lege Cassaris justifsima, at que optima, populi liberi, plane et vere erant liberi : lege a-utem ea, quam nemo legem, pi acter te et collegam tuum, pu- tavit, omnis erat tibi Achaia, Thefsalia, Athenae, cuncta Gracia addicta. Habebas exercitum tantum, quantum tibi non senatus, aut populus Romanus dederat, sed quantum tua libido con- Scripserat : serarium exhauseras. Quas res gefsisti imperio, ex- ercitu, provincia consulari r quas res gefserit, quacro ? qui ut venit statim, nondum commemora rapinas, nondum exactas pecuuias, non captas, non imperatas, non neces sociorum, non cardem hospitum, non pertidiam, non immanitatem, non scelera pra?dico : mox, si viuebitur, ut cum fure, ut cum sacrilego, ut cum sicario disputabo : nunc meam spoliatam fortunam confe- ram cum florente fortuna imperatoris; quis unquam provinciam cum exeicitu obtinuil, qui nullas ad senatuiu literas miserit ? tantam vero provinciam cum tanto exeicitu, Macedoniam prae- sertim, quam tantae barbarorum gentes attingunt, ut semper JMacedonicis imperatoribus iidem fines provincial fuerint, qui gladiorum atque pilorum : ex qua aliquot pratorio imperio, con- suLni quidem nemo rediit, qui incolumis fuerit, qui non tri- umphant? est hoc novum: multo illud magis; appellatus est hie vulturms lllius provincial (si diis placet) imperator. XVII. ( 37 ) Ne turn quidem, Paule noster, tabulas Romam cum Jaurea mittere audebas ? misi , inquit ; quis unquam * ecitavit ? quis, utrecitarentur, postulavit? nihil enim mea. jam refert, utrum tu, (QG) Nam lege Ocsaris justifsiim'i atque optima, populi liberi, plane ci vcrc erant liheriS] The law here referred to, was that made by Cesar in his consulship, in the year of Rome 69i; whereby Achaia, Thefsaly, and all Greece were left entirely free. (27) Ne turn quidem, Panic rtoster.'] L. JKmilius PauKis obtained a com- plete victory over Macedonia, in the year of Koine S&5 ; and ;.s Piso had Macedonia for his province, and conducted himself in it so ing!oriou>ly, Cicero, by way of derision, calls him faulus. CICERO S ORATION?. 3'8'£ consulship, by means of the courage and wisdom of that excellent person. In what manner this law was received, it is needlefs- for me to mention. I learn from yourselves, that no citizen was allowed to be absent upon any pretence whatever; that a greater or more splendid, appearance was never seen at any corhitia. This I myself know, for I find it in the public registers, that you solicited for me, that yon distributed the tablets, that you took care to prevent any fraud in collecting the votes ; and that, for my safety,, you did r of your own accord, without any solicitation ,. what your age and dignity exempt you from, even when your kinsmen are candidates for public honours. Sect. XVI. Compare now, thou Epicurean ■!' brought from the stye, not from the school; compare, if thou darest, thy ab- sence with mane. You obtained a consular province, under such regulations as were prescribed by your ambition, not such as were fixed by your son-in-law ; for by that just and excel- lent law of Caesar, free nations enjoyed their liberty in the strict and proper sense ; but by that law, which none besides you and your colleague ever thought a law, all Achaia, Thefsaly, Athens, and Greece, was given up to you. Yoil had an army, not such as the senate and people of Rome gave you, but such as your ambition could raise. The treasury too 'was exhausted by you. — What exploits did you perform in this command, with this army, with this consular province ? Do I ask what exploits he performed ? No sooner was he arrived— I shall not yet men- tion his rapines, the money he extorted, took, or exacted, the execution of our allies, the murder of those who entertained him, his perfidy, barbarity,' and crimes: by and by> if you think proper, I shall dispute with him, as with a thief, as with one guilty of sacrilege, as with a cut-throat } at present I shall con- fine myself to Compare the ruins of my fortune with the splendour of his imperial command:. Who ever obtained the government of a province, with an army, that did not send letters to fcfafe senate ? Such a province too, and such an army, especially such a province as Macedon, which is surrounded with so many bar- barous nations, that our Macedonian governors have never had any other barrier to it, but that of swords and javelins ; a pro- vince, from which few persons of praetorian dtgnity have re- turned without a triumph ; and none of consular dignity, whose honour was without a stain. This is something uncommon ; but what is still more so, this vulture of Macedon had the title of emperor forsooth. Sect. XVII. Did you, even then, my Paulus, presume to send letters to Rome, wrapt in laurel ? He says he did . Who ever read them? who moved that they should be read ? For it signifies no- 390 M. T. CICEROfrlS ORAflONES. conscientia. ctpprefsus scelerum tuoruuij nihil unquam au'sus sis scrihere ad euni ordinem, quern despexeras, quern affiixeras, quern deleveras : an amici tui tabulas abdideriut, iidemque silen- tio suo temeritatern atque audaciam tuam condenmarint. Atque baud scio, an inalim te vkieri nullo pud ore .fuifse in Uteris mit- tendis, [an] amicos tuos plus habuiise et pudoris et consilii, quani aut te videri pu'dentiorum fuiise, quam soles, aut tuum factum non efse condemnatum judicio amicorum. Quod si non tuis nefanis in hunc ordinem contumeliis in perpetuam tibi cu- riam praDciu si fses ; quid tandem erat actum aut gestum in ilia provincia, de quo ad senatum cum gratulatione aliqua scribi abs te oporteret? vexatio Macedonia;? an oppidorum turpis amifsio ? an sociorum direptio? an agrorum. depoptilatio <* (* 8 ) an munitio Tbefsalonica; ? an obsefsio miiitaris via; ? an ex- ercitus nostri interitus, ferro, fame, frigore, pestiientia ? Tu vero, qui ad senatum nihil scripseris, ut in urbe nequior inven- tus es, quam Gabinius, sic in provincia paullo tamen quam ille demifsior ; nam ille gurgss atque heluo, natus abdoinini suo, non laudi atque gloria;, cum equites Rom. in provincia, cum publicanos nobiscum et voiuntate etdignitate conjunctos, onmes fortunis, multos fama. vitaque privai'set ; cum egiiset aiiu^i nihil illo exercitu, nisi ut urbes depopularetur, agios vastaret, ex- hauriret domos; ausus est (quidenim ille non auderet?) asepatu supplicationem per literas postulare. XVIH. O dii immortales ! tune etiam, atque adeo vos, geminx voragines scopulique reipublieae, vos meam fortunam depri- mitis ? vcstram extollitis ? cum de me t-a scnatusconsulta absente facta sint, e;e conciones babita?, is motus fuerit municipiorum et coioniarum omnium, ea decreta publicanorum, ea collegio- rnm, ea denique generum ordiumque omnium, quae ego non modo optare nunquam auderem, sed cogitare non pofsem : autem sempitern.ts iceditsiiikv turpitudinis notas sul An ego, si te, et Gabinium cruci sulhxos vide rein, majore ; latitia ex corporis vestri laceratioue, quam afficior ex fam nullum est supplicium putandum, quo aihVi casu aliquo eti boni viri fortesque poi>unt. Atque hoc cjuidem etiain isti tui dicunt voluptarii G.-ctci, quos utinam ita audi; es audiendi ; nunquam te in lot tlagitia ingurgitates. V.erum (CS) A)i munitio Thefsalcnicw ? m explained byourauthorin his oration 4ei Ills words, are as follow : ' Macedonia qua erat antea munita pjurimorum imperatorum non t \: r . ' sed tropans; qua nmltis victoriis erat jamdiu, triumphisque pacata . 1 a barbaris, qilibus est propter avaritiam pax crepta, vexatur, ut Th '■ lonieenses, positi in gremio imperii nostri, relinquere oppL. ' munire cogantur: ut via Ula nostra, qua: p< oniam est usqi:. ' Hellespont urn miiitaris, don solum excursionibus * sed etiam castris Threciis distiacta. ac aoiata.' cicero's orations. 391 thing to me at present, whether, stung by a sense of your crimes, you never presumed to write to that body, which you had slighted, which you had persecuted, which you had abo- lished ; or whether your friends concealed your letters, and thus, by their silence, condemned your rashnefsand impudence. And indeed I know not whether I had rather you should seem void of all sense of shame in sending letters, and that your friends should be persons of more modesty and judgment, or that you should seem more modest than usual, and your con- duct be uncondemned by your friends. But supposing you had not, by your cruel outrages against the senate, cut yourself oft' for ever from all favour with it, what was done m that pro- vince upon which you could write to it with any manner of con- gratulation ? Was it the harafsing of Macedon? the shameful lofs of towns ? the plundering of our allies ? the laying waste their lands ? the fortifying Thefsalonica ? the blockade of our military causeway ? the destruction of our army, by the sword, by famine, by cold, and by pestilence? Your writing nothing to the senate shows only, that as you was more wicked in Rome than Gabinius, you was somewhat more modest in your province than he. For that rioter, born for his belly only, "and not for glory and honour, after having deprived the Roman knights in his province, and the farmers of the customs, united with us both in inclination and dignity, all of them of their fortunes, and some of them of their reputation and lives; af- ter having done nothing with his army, but plundered cities, laid waste lands, and pillaged houses ; had the impudence; (and indeed what is it he has not the impudence to do?) to pe- tition the senate, by letters, for a supplication. Sect. XVIII. Immortal Gods! and shalt thou, shall you, ye twin whirlpools and rocks of the state ! decry my fortune, and extol your own ? you who have borne the indelible marks of the foulest infamy, whilst such decrees of the senate were pafsed concerning me, even in my absence, such afsemblies were held, such commotions happened among all our municipal cities and colonics, such resolutions were made by the formers of the re- venue, by the colleges, and, in a word, by all ranks and con- ditions of men, as I not only .durst never have wished for, but could not even have conceived. Were I to see thee and thy colleague Gabinius fastened to a crofs, would the sight of your mangled bodies give me greater pleasure than I feel from the lofs of your reputation ? Nothing is to be deemed a punish- ment, which, by some accident or other, may happen even to the brave and virtuous. And this is the doctrine even of your men of pleasure among the Greeks, whom I wish you had heard, as they ought to have been heard ; you would never, in that case, have plunged into such, an abyfs of crimen. But 393 M. T. CICERONIS ORATIONES. audis in prabsaepibusj audis in stupris, audis in cibo et vino; sed dicunt ipsi, qui mail dolore, bona voluptate definiunt, sa- pientein, (*9) etiam si in Phalaridis tauro inclusus succencis ig- nibns torreatur, dicturum tamen suave illud else soscque ne tan- tutum quidem commoveri : tantam virtutis else vim voluerimt, ut non pofset unquam eise vir bonus non beatus ; qua? est igi- turpcena? quod supplicinin?* id mca sententia, quod accidere nemini potest, nisi nocenti ; suscepta fraus, impedita et op- preisa mens conscientia, bonorum odium, nota inusta a senatu, amifsio dignitatis. XIX. Nee mihi ille (>°) M. Regulus, quern Carthaginienses, resectis palpebris, illigatnm in machina vigilando necaverunt^ supplicio videtur affectus: nee C. Marius,. quern Italia servata ab illo, demersum in Mmturnensium paludibus ; Africa devicta ab eodem expulsum et naufragum vidit; ■ fortunae enim ista tela sunt, non culpae: supplicium autum est poena peccati ; neque vero ego si unquam vobis mala precarer, quod sacpe feci, in quo dii immortales measpreces audiverunt, morbum, aut mor- tem, aut cruciatum precarer. Thyestea ista exsecratio est poetae, vulgi amnios, non sapientum moventis : ( 3I ) Ut tu naufragio expufeus, uspiam saxisjixus aspen's, evisceratus latere penderes fut ait ille] saxa spargens tabo, sinie ' et sanguine atro. Non ferrem omnino moleste, si ita accidifset : sed id tamen efset humanum. ( ix ) M. Marcellus, qui ter consul fuit, summa vir- (29) Etiam si in Phalaridis tauro inclusus succensis ignibus torreatur.~l Phalaris was a cruel tyrant of Agrigentum, famous for shutting up men iu a brazen bull, and putting fire under it. This engine of cruelty was made by one Periilus, who thought it would be a welcome present to Phalaris ; and is said to have been ordered by the tyrant to be first shut into it, m order to prove his own work. (30) M. Regulus, quern Carthaginienses, resectis palpebris, illigatum in machina vigilando necaveru?it.l M. Attilius Regulus was consul in the ninth year of the first Punic war, and defeated the Carthaginians in the memo- rable sea-fight of Ecnomus; after which he made a descent upon Africa, and pushed-on his conquests with prodigious rapidity. But Xantippus, a commander of Greek mercenaries in the service of the Carthaginians, by his excellent advice and conduct, gave a wonderful turn to affairs in Africa totally defeated the Roman army, and took Regulus himself prisoner. The Carthaginians, however, bong vanquished in a sea-engagement oii . the coast of Africa, and having received a signal overthrow at land near Panormus, began to think seriously of an accommodation, and sent Re- gulus to Rome with some ambafsadors to negotiate a peace having first taken oath of him to return to Carthage, in case there should neither be peace ncr an exchange of prisoners. Upon his arrival at Rome, he ad- vised the senate to refuse the Carthaginian ambafsadors both peace and an exchange of prisoners, for which, at. his return into Africa, he was cruelly- put to death: Authors, however, are not agreed concerning the parti- cular kind of torment they made him undergo ; the most current opinion is, that they cut offer sewed back his eye-lids, a ud then bringing him out of a dark chmgeoD, exposed him to tire sun at mid-day; that after this* > they shut him up in a kind of chest or prefs, stuck' full on the inside with iron spikes, and there left him to die in torment. This account of the cruel revenge which the Carthaginians took of Regulus after his return to* you hear them in your stews; you heat therii at ur de* t-rics; you hear them in yburfe&sts, artel over your b< even tfyose who define evil by pain, and good by pleasure, <;ivc out that a wise man, though he were shut lip m the hull of Phalaris, and broiled with Haines applied to it, would still (U'- that his condition was agreeable, and' that he was not in ast moved: such, they allege, is the power of virtue, that it is rmpofsible for a gobd man not. to he happy. What then is pain r what is punishment? It is, in my opinion, what can hap- pen to none hut the guilty; premeditated villany ; the pangs and horrors of remorse ; the hatred of all the virtuous; a mark, of infamy indicted by the senate ; the lois of dignity. Sect. XIX. To me neither M. Reoulus, whom the Carthagi- nians, after having cut off his eye-lids, and shut him up bound IU a chest, killed by keeping him from sleep, seems to have suf- fered punishment ; nor C. Mariui, whom Italy, which he had saved, saw sunk in the marshes of Miuturme; and Africa, which he had subdued, saw banished and shipwrecked. For the the blows of fortune, not the consequences of guilt ; but punish- ment is suffering for crimes. Nor would I, were I to imprecate evils upon you, as I have often done*, when' the gods have heard me, pray for diseases, death, or tortures. That imprecation of Thyestes is only an art of the poet, to move the minds of the vulgar, not those of the wise : May you, after being shipwrecked, hang by your side, with your bowels dropping out, upon the flinty rocks, besmearing them with blood and gore. Had such a thing happened to you, I should not have been concerned at it ; but this is what may befal any man. M. Marcellus, who was thrice ■consul, and eminent for his virtue, piety, and abilities in war, perished on the sea ; yet he still lives in the annals of fame, crowned with glory. Such a death is to be deemed an accident, not a penalty. What then is suffering? what is punishment? what are the pointed rocks? what is the crofs? Behold two com- Carthage, is found in many of the best Roman authors, and is not e» prefsry contradicted by any ancient writer; notwithstanding /his, Mr. ilooke, in the second volume of his Roman History, adduces some reasons against the truth of it ; which, he thinks, may excuse our incredu- lity, should we look upon it as a mere Action. (31) Ut tu naufragio cxfulsus.'] This is a pafsage from the Thyestes of Ennius. (32) M. Marcellus, qui ter consul fmtJ] This was not the famous Mar- cellus, who conquered Syracuse; but his grandson; who was shipwrecked in Africa, soon after the beginning of the third Funic war. Asconiu us an anecdote concerning him, which we shall here transcribe: ' Hie « autem Marcv!!u->, says At/cum stafuas sibi ac patri, itemque avo poneret 1 in monumentia avi s'ui.ad honoris ctviitutis a\lem, subscripsit, II! 1 celli novies Cofs, Fuerat aiitera avus truinquies, paler semel, ipse ter. ltd* 1 que neque mentitus, et apnd impe: r is sai splendorem a C c 394 M. T. CICERONIS 0RATIONES. tute, pietate, gloria militari, periit in mari: qui tamen obvirtir- tcm gloria et laude vivit ; in fortuna quadani est ilia mors non in pctma, putanda. Quae est igitur pcena? quod supplicium ? quae saxa ? quae cruees ? Ecce duos duces in provincii populi Rom, habere exercitus, appeliari imperatores ; horum alterum sic fuifse infirmatum conscientiascelerum etfraudum suarum,ut ex ea provincial, quae fuerit ex omnibus una maxime triumphalis, nulias sit ad senatum literas mittere ausus ; ex qua provincia. modo vir omni dignitate ornatifsimus L. Torquatus, magnis re- bus gestis, me referente, absens imperator est appellatus : unde his paucis annis Cn. Doiabellae, C. Curionis, M. Luculli,; justis- simos triumphos vidimus, ex ea, te imperatore, nuntius ad se- natum allatus estnullus ; ab altero allatoe literae, recitata?, relatum ad senatum. Dii immortales ! idne ego optarem, ut inimicus ineus, ea, qua nemo unquam, ignominia notaretur ? ut senatu-j is, qui in earn jam benigtiitatis consuetudinem venit, ut eos, qui bene rempublicam gefserint, novis honoribus afficiat, et numero dierum, et genere verborum ; hujus unius Uteris nuntiantibus non crederet? postulantibus denegaret? XX. His ego rebus pascor, his delect or,, his perfuror : quod de vobis hie ordo opinntur non secus, ad de teterrimis hostibus : quod vos equites Rom. quod casteri ordines, quod cuncta civitas odit : quod nemo bonus, nemo denique civis est, qui modo se civemefse meminerit. qui vos non oculisfugiat, auribus respuat, animo aspernetur, recordatione denique ipsa consulates vestri perhorrescat. Haec ego semper de vobis expetivi, ha?c optavi, hsec precatus sum ; plura etiam acciderunt, quam vellem ; nam ut amitteritis exercitum, nunquam, mehercule, optavi. Iliud etiam accidit prater optatum meum, sed valde ex voluntate : milii enim non venerat in mentem, furorem et insaniam optare vobis, in quam incidistis : atqui iuit optandum ; me tamen fugerat, deorum immortal! urn has else in impios et consceleratos pcenas certifsimas constitutas. Nolite enim putare, P. C. ut in scenii videtis, homines consceleratos impulsu deorum terreri furiarum taedis ardentibus : suaquemque fraus, suumfacinus, suiim scelus,. sua audaeia de sanitate ac mente deturbat; hae sunt impioruni fume, ha? tlammae, hae faces. Ego te non vecordem,. non furio- sum, non mente captum, ( 3J ) non tragico illo Oreste aut (33) Non fragitoillo Oreste aut Athamante de?nen1iorem.~\ Orestes was the son of Agamemnon and Clytemnestra. He is said to have killed his own mother, and /Egisthus, her adulterer, who had murdered his father. Atha- m.is was the soij of jEolus, and king of Thslsaly : he had two children by his wife Nephele, after whose death lie married lno,the daughter of Cadmus, who treated her step-children so ill., that Juno, to punish her,, made her husband run mad. cicero's orations. 395 manders in the provinces of the Roman people, at the head of armies, with the title of emperors; j'et one of these was so struck with the sense of his guilt and crimes, that he did nut even dare to send a letter to the senate, from a province too, of all others the most fertile in triumphs. It is but lately that L. Torquatus, a man of the most distinguished merit, was, at my instance, saluted emperor from this province, on account of his glorious actions ; from it too, within these few years, wo have seen the well-won triumphs of Cn. Dolabella, C. Curio, and M. Lucullus; and yet from this province, during your com- mand in it, not so much as a mefsenger was sent to the senate. From Gabiriius letters were brought; they were read too, and a motion made upon them in the senate. Immortal gods ! could I even have wished my enemy to be marked with such infamy as none but himself ever suffered ? That the senate, who are now got into such a habit of generosity as to bestow new ho- nours on those who have conducted themselves well in the ad- ministration of public affairs, both by increasing the number of thanksgiving days, and by peculiar terms of respect; that the senate, I say, should not believe what was contained in the letters of this fellow alone ? should deny what he requested in them ? Sect. XX. What gives me the greatest pleasure, delight and satisfaction is, that this Order think no otherwise of you than they do of their most inveterate enemies ; that you are hated by the Roman knights, by the other orders, and by the whole state; that there is not a worthy man, not a single citi- zen, provided he remembers he is such, who^e eyes do not shun you, whose ears are not offended with the very mention of your name, whose soul does not abhor you, and who is not shocked even at the remembrance of your consulship. This is what I always wished might befai you, what I always desired, what I always prayed for. Nay, more has befallen you than I could have wished ; for that you should lose your army, I cer- tainly never wished: this too happened besides my wishes, though very agreeably to my inclination. For it did not enter into my thoughts to wish you should fall into tkat phrenzy and madnefs into which you did fall ; though this I should have wished for. But it had escaped me, that such is the punish- ment irrevocably ordained by the immortal gods against the impious and the guilty. For you must not imagine, conscript fathers, that the wicked, as you see in theatrical representations, are haunted by the blazing torches of furies, sent by the gods as instruments of their vengeance. It is personal villany, per- sonal guilt, personal crimes and presumption, that rob men of the use of reason and soundnefs of judgment. These are the furies, these the flames, these the torches of the wicked. Am not I to look upon you as a madman, as a fury, as one that has Cc 2 39C> M. T. CICER0N1S ORATIONES* Athamante dernentiorem putcm, qui sis ausus prinaum facer© (nam id est caput), deiride paullo ante, Torquato, gravifsimo ct sanctifsimo viro piemente, con'iteri, te piwinciam Macedonian^ in quam tantum exercitum transportafses, sine ullo milite reli- quii'ser JVlitto de amiisa maxima parte exercitus : sit hoc infeli- citatis tune'; dimittendi vero exercitris quam potesaffere causam ; quam potestatcm habuisti? quam legem ? quod senatusconsul- turn? quod jus?, quod exemplum? quid est aliud furere, nisi non coguoseere homines, non cognoscere leges, non senatum ? lion civifcatem r cruentare comus suum leve est, major haec est vitae, famae, salutis suae vulneratio ; si familiam tuam dimisifses, quod ad neminem, nisi ad ipsium te, pertineret, aniici te tui constringendum putarent: presidium tu reipublicae, eustodiam provinciae, injufsu populi senatusque dimifsifses, si tuae mentis- compos fuiises ? XXI. Ecce tibi alter, effusa jan* maxima, praeda, quam ex for- tunis publicanorum, ex agris urbibusque sdciorum exhauserat,. cum partim ejus praedae profundae hbiclines devoraisent, partim nova quaedam et inaudita luxuries, partim etiam in illis locis, ubi omnia diripuit, emptiones, partim permutationes, ad hunc 'Jus- culani montem exstruendum, cum jam egeret, cum ilia ejus im- mensa et kitolerabilis aedificatio constitifset ; seipsum, fasces "suos, exercitum populi Roman!, numen interdictumque deorum immortalium, responsa sacerdotum, auctoritatem senatus, jufsa- populi, nomen ac dignitatem imperii ( 3+ ) regi iEgyptio vendi- dit ; cum fines provinciae tantos haberet, quantos voluerat, quantos optaverat, quantos mei capitis pretio periculoque erne- rat; his se tenere non potuit; exercitum eduxit ex Syria; qut licuit extra pro vinciam ? tribuit se mercenarium comitem regi Alexandrine; quid hoc turpius? iniEgyptum venit: signa con- iulit cum Alexandiinis; quando hoc bellum, aut hie ordo, aut; populus susceperat r cepit Alexandrian! ; quid aliud exspecta- mus a furore ejus 7 nisi ut ad senatuni tantis de rebus gestisliteras inittat? hie si mentis efset sure, nisi peenas patriae diisque im- mortalibus eas, quae gravifeimae sunt, furore atque insania pende- (34) Regi jEgypiio vendidit.~] Ptolemy, being driven out of his kingdom by his own subjects, on account of his tyrannical government, went to "Rome to beg the .assistance and protection of the senate. The Sibylline books vere consulted upon the occasion, and these absolutely prohibited the Romans from restoring an Egyptian prince by force of arms. Gabi- nius, however, tempted by Ptolemy's gold and the plunder of Egypt, and. encouraged also, as some authors say, by Pompey himself, undertook to replace him on the throne with his Syrian army ; which he executed with a high hand, and the destruction of all the king's enemies, in open deiianc'i of the authority of the senate, and the direction of the Sibyl, CICERo's ORATIONS. 397 ]ost the use of hie reason, as more frantic than Qrestes or Atha- iuas in the play, for having first dared (for that is the principal thing) to leave the province of Macedonia, into which yon had transported so great an army, without a soldier to defend it, and then not long ago to confefs this, when urged to it by Tor- (juatns, a man of the greatest weight and integrity ? I pals by your having lost the greatest part of your army ; let that be deemed your misfortune: but what reason can you give for for having dismifsed it? what authority, what law, what decree of the senate, what right, what precedent can you allege for this? what else is madnei's, but being ignorant of men, being- ignorant of laws, of the senate, of the constitution ? To mangle one's own body, is an inconsiderable degree of madnefs, in comparison of this mangling of life, of reputation and safety. Were you to difmifs your family, which belongs to yourself alone, your friends would think you deserved to be put under confinement: and had you been in your senses, would you have dismifsed the guards of the Roman people, the defence of the province, without the orders of the senate and people ? Sect. XXL But what did your other self? ' After having squandered that immense plunder which he had drawn from the officers of the revenue, from the lands and cities of our allies; after part of that plunder had been absorbed in the ai>yfs of his lusts, another part of it consumed by new and un- heard-of refinements in luxury, and part of it by the purchafes and alterations which he made in those places where he pulled down every thing to raise this Tusculan mount ; being now re- duced to poverty, and a stop put to that enormous and in- sufferable fabric, he sold himself, the badges of his office, the iirmy of the Roman people, the sacred prohibition of the im- mortal gods, the answer of their priests, the authority of the se- nate, the orders of the people, the renown and dignity of their empire, to the Egyptian king. Though the bounds of his pro- vince were enlarged according to his desires, according to his -wishes, according to the price and danger at which he has set my head, yet could he not confine himself to these. He brought his army out of Syria. What right had he to bring them out of their own province ? He enlisted himself under the king of Alexandria, as a mercenary attendant : what could be more infamous than this ? He came into Egypt ; he fought against the Alexandrians : when did either this order, or the people of Rome, undertake that war ? He took Alexandria : . what greater instance of madnefs can we expect he should be guilty of, unlefs it be this, that he should send letters to the se- nate with an account of his exploits? Had he been in his senses, had not his country and the immortal gods been avenged of him by the severest of all punishments, those of fury and madnefs, Cc3 393 M. T. CICERONIS ORATIONES. ret; aufsus efset (mitto exire de provincia) educere exercitum, bcllum sua sponte gerere, in, regnum injufsu populi aut senatfrs accedere? quae cum plurimae leges veteres, turn ( iS ) lex Cornelia majestatis, Julia de pecuniis repetundis planifsime vetant ; sed haec omitto. Ille, si non acerrime fureret, auderet, quam pro- vinciam P. Lentulus, amicilsimus huic ordini, cum et auctoritate senatus, et sorte haberet, interposita religione, sine ulla dubita- tione deposuifset, earn sibi turn adsciscere; cum, etiamsi reli argentum *'%A°". Hac tu oratione non du- bito quin ilium jam ascendentem in currum pofsis revocare. XXVI. O tenebra?, 6 Iotum, 6 sordes, 6 paterni generis ob- lite, materni vix memor ! ita nescio quid istue fractum, humile, demifsum, sordidum, inferius etiam est, quam ut Mediolanensi pracone, avo tuo dignum else videatur. L. Cratsus homo sa- pientifsimus nostrae civitatis, specuiis prope scrutatus est Alpes : ut, ubi hostis non erat, ibi triumphi causam aliquam quaereret. ( 4I ) Eadem cupiditate vir summo ingenio praditus, C. Cotta, nullo certo hoste, flagravit ; corum neuter triumphavit, quod alteri ilium honorem collega, alteri mors ademit. Irrisa est abs te paullo ante M.i Pisonis eupiditas triumphandi, a qua te longe dixisti abhorrere ; qui etiamsi minus magnum bellum gef- serat, ut abs te dictum est, tamen istum honorem contemnendum npn putavit. Tu eruditior quam Piso, prudentior quam Cotta^ abundantior consilio, ingenio, sapientia quam Crafsus, ea con- temnis, qua? illi idiota, ut te appellas, praclara duxerunt. Quod si reprehendis, quod cupidi laurea fuerint, cum bella aut parva, aut nulla gegitsent ; tu, tantis nationibus subactis, tantis rebus gestis, mimme fructum laborum tuorum, pramia periculorum, virtutis insignia contemnere debuisti ; neque vero contempsisti, ( 42 ) licet sis Themista sapientior, si os tuum fer- reum senatus convicio verberari noluisti. Jam vides (quando- quidem ita mihimet fui inimicus, ut me tecum compararem) et degrefsum meum, et absentiam, et reditum ita longe tuoprsesti- tifse, ut mihi ilia omnia immortalem gloriam dederint, tibi sem- piternam turpitudinem inrlixerint. Nunc etiam in hac quoti- diana, afsidua, urbanaque vita splendorem tuum, gratiam, cele- britatem domesticam, operam rorensem, consilium, auxilium, auctoritatem, sententiam senatoriam nobis, aut, ut veriusdicam, cuiquam es infimo ac desperatifsimo antelatarus ? XXVII. Age, senatus odit te, quod eum tu facere jure con- cedis, affiictorem et perditorem non modo dignitatis et auctori- tatis, sed omnino ordinis ac nominis sui : vedere equites Romani non pofsunt, quo ex ordine vir prastantiisimus, L. iElius est, (41) Eddern cupiditate vir summo. ivgenio prcedilus C. Cotta.~\ Cicero makes frequent mention of this Cotta, in his Dialogue De Oratore. We are told by Asconius, that after the senate had decreed him a triumph, he died the day before it was to be celebrated, of the breaking out of a wound which he had received several years before. (42) Licet sis Themista sapientior. .] This Themista, according to Laer- tius, was the wife of one Leonteus, and a very learned lady: she was co- temporary with Epicurus, and a great admirer of his philosophy. ClCERo's ORATIONS. 407" them, scratching his head with his left hand, muttered to him- self, The account is here sure enough, but the cash is gfirk . this speech, I make no doubt, but you will be able to stop your son-in-law, even though lie were mounting his car. Sect. XXVI. Thou mean, filthy, dirty wretch, who hast for- got thy father's family, and scarce rememberest that of thy mother! There is something in thee, I know not what, so k>w f so abject, so worthlefs, so sordid, that thou art a reproach even, to thy grandfather, who was a common crycr at Milan. L. Crafsus, a man of the greatest wisdom in our state, traversed almost every foot of the Alps with his javOhns^ that he might find some subject for a triumph in a place where he could meet with no enemy. The same pafsion fired C. Cotta, a man of the most distinguished abilities, though without any declared enemy to wage war with. Neither Cotta nor Crafsus triumphed, the one being deprived of that honour by his colleague, the other by death. You laughed not long ago at M. Piso's pafsion for a triumph, a pafsion, you said, very different from what you was animated with y but although Piso carried on an incon- siderable war, as you have told us, yet he did not think that honour contemptible. You who have more learning than Piso, more understanding than Cotta, a greater share of abilities, wisdom and genius than Crafsus, despise those things, which those idiots, as you call them, deemed glorious. But though you blame them for having been ambitious of laurels, when they had conducted either no wars at all, or very inconsiderable ones ; yet you who have subdued such powerful nations, and per- formed such mighty exploits, ought not to have slighted the fruits of your toils, the rewards of your dangers, the badges of your valour : nor did you slight them indeed, though wiser than* Themista; you was unwilling to have your brazen front battered with the reproaches of the senate. You see now, since I have been so far my own enemy as to compare myself with you, that my departure, my absence and return so far surpafsed yours, that I derived immortal glory from mine, and you lasting in- famy from yours. And now, as to our daily and constant man- ner of living in town, will you take upon you to prefer your splendour, your interest, the number of your clients, your prac- tice at the bar, your advice, your afsistance, your authority, your weight in the senate, to mine ; or, to speak more pro- perly to those of the meanest and most desperate man living ? Sect. XXVII. To begin then ; the senate detest you, and just- ly, as you yourself allow, since you have not only subverted and destroyed its dignity and. authority, but its very name and order. The Roman knights can't bear the sight of you, since in your consulship, L. JElias, the most illustrious man of that 40S M; t. CICERONIS ORATIONES* te consulc relcgatus : plebs Romana perditum cupit, in cujus tii infamiam ca quae per latrones et per servos de me egeras, con- tuiisti : Italia cuncta exsecratur, cujus idem tu superbifsime de- creta et pieces repudiasti. Fac hujus odii tanti ac tam universi periculum, si audes. ( 43 ) Instant post hominum memoriam ap^ paratifsimi magnificentifsimique ludi, quales non modo nun- quam fuerunt, sed ne qaomodo fieri quidem postbac pofsint, pofsum alio pacto suspicari. Da te populo, committe lu-dis. Sibilum metuis? nbi sunt vestra^schola? ? ne acclametur ? ne id quidem est curare philosopbi : manus tibi ne afFerantur, times ; dolor enitn est malum, m clisputas : existimatio, dedeeus, infa- mia, turpitude, verba sunt atque ineptise : sed de hoc non du- bito; nam non audebit accedere ad ludos ; convivium publicum non dignitatis causa inibit (nisi forte> ut cum P. Clodio, hoc est,, cum armoribus suis comet) sed plane animi sui causa ; ludos nobis rdiotis relinquet ; solet enim, in disputationibus suis, ocu- lorum et aurium delectationi abdominis voluptates anteferre ; nam quod vobis iste tantummodo improbus, crudelis olfon fu- runculus, nunc vero etiam rapax, quod sordidus, quod contumax quod superbus,quod tallax,quod perfidiosus, quod impudens,quod audax efse videatur: t nihil scitote else luxuriosius, nihil libidi- nosius, nihil protervius, nihil nequius. Luxuriam autem in isto nolite hanc cogitare ; est enim qusedam, quanquam omnis est vitidsa atque turpis, tamcn ingenuo ac libero dignior. Nihil apud nunc lautum, nihil elegans, nihil exquisitum, (laudibo inimicum) ne magnopere quidem quidquam, prseter libi- dines, sumptuosum ; torcuma nullum: maximi calices ; et hi, ne contemnere suos vjdeatur, Placentini ; extructa men- sa, non conchyliis, aut piscibus, sed muha carne subran- cida ; servi ^ordidati ministrant:, non nulli etiam senes : idem eoquus, idem atriensis:' pistor domi nullus, nulla cellar ]>axiis et vlnum a propola, atque de cupa: Graeci stipati, ( 44 ) quini in lectulis, same, plures: ipse solus: ( 4S ) bibitur (43) Instant post ho?ni?ium memoriam apparatifsimi ?nagnrficeritifsimique ludiA The shows with which Pcmpey entertained the people at the dedi- cation of t hat grand theatre,,which he "built at his own charge for the use and ornament of the city, are here referred to. According to the accounts we have of them, by Roman authors, they were the most magnificent that had ever been exhibited in Rome. In the theatre were stage-plays, prizes of music, wrestling, and all kinds of bodily exercises : in the circus, hoi Ho- races, and huntingb of wild beasts, for five days succefsively, in which five hundred lions weee killed, and on the last day twenty elephants; whose lamentable howling, when mortally wounded, Pliny and Dio tell us raised such a commiseration in the multitude, from a vulgar notion of their great sense and love to man, that it destroyed the whole diversion of the show, and drew curses on Fompey himself, for being' the author of so much cruelty. So true it is, what Cicero, in his Offices, observes of this kind of prodigality, that there is no real dignity or lafiing honour in it; that it satiates while it pleases, and is forgotten as soon as it is o (44) Quini in leclulis, sccpe plures. .] The usual number in abed was three; sometimes indeed there were four, but this hap p • seldom: so that • CICERo's ORATIONS, j 400 Order, was banished : the commons of Rome wish yonr utter ruin, for you made them fall under the infamy of what you did against me by means of slaves and robbers: all Italy curses you, for having-, with the utmost arrogance, rejected their decrees and intreaties. Make trial, if you dare, of so great and uni- versal a hatred. Very soon will be celebrated the most splendid and magnificent games in the memory of man, sued as not only have never heretofore been exhibited, but such as, I firmly be- lieve, never will hereafter. Show yourself to the people; trust yourself in the theatre. Are you afraid of being bilked ? what's become of your philosophy ? Do you fear being clapped ? that's below the regard of a philosopher, surely. You are afraid they should lay hands upon you ; for, according to your philosophy, pain is an evd ; as for reputation, shame, infamy, disgrace, they -e only empty words: but I am confident he will not dare be present at the games. Nor will he make his appearance at the public entertainment, for the sake of the honour that attends it, unlefs perhaps he come to sup with P. Clodius, I mean, with his dear companions, but merely for his diversion. The games he'll leave to us idiots ; for, in his disputations, he is wont to prefer the pleasures of the belly to whatever gratifies the eyes and ears. For whereas you formerly thought him only a knavish, cruel pick-pocket, and now consider him as a rapacious, sordid, obstinate, haughty, deceitful, perfidious, impudent and daring; you must know, besides, that there is not a more luxurious, lust- ful, worthlefs, detestable being on earth. Don't imagine, how- ever, that his luxury has any thing of elegance in it; for though all luxury is base and dishonourable, yet there is a certain species of it more becoming a man of spirit and a gentleman. There is nothing splendid about him, nothing elegant, nothing fine; and, let me commend my enemy, he is expensive in nothing but in his lusts. There is not a piece of chased plate in his house ; his dishes are of the largest size, and that he may'nt seem to slight his countrymen, they are Placentine ware: bistable is covered, not with delicate fishes of different kinds, but with plenty of salt stinking meat: the servants who wait upon him are all shabby fellows, and some of them old ones ; one person is both cook and porter : there is not a baker in his house, nor a cellar in it; his bread and his wine are bought from the chandler's shop and the tavern: his Greek guests are Crowded together, five, some- simes more, in one of his little beds, while he has one wholly what is mentioned in this pafsage was reckoned extremely mean and in- elegant. (45) Bibitur usque eo, durti desotio ministretur.'] It is not easy to ascertain the meaning of this pafsage, upon which the commentators are divided. Instead of de solio, some are for reading de dolio. * Bibitur tamdiu/ savS Ernestus, * donee vinum defusum et vetustum non suppetat arriplius, sed * etiam vinum recens, doliare, ministretur.' Dd 410 M. T. CICERONIS ORATIONEfr. usque eo, dnm de solio ministretur : ( 46 ) ubi galli cantum audi^ vit, avum suum revixifse puta't; mensam tolli jubet. XXVIII. Dicet aliquis ; unde tibi haee nota sunt? non, meher- cule, co'ntumeliae causa describam quemquam, praesertim inge- niosum homineiij, at que" eruditum, cui generi else ege- iratus, ne, si cupiam, quideni pofsum. (* 7 ) Est quidem Grsecus, qui cum isto vivit, homo, vere' ut dicam (sic e'nim cognovi) huma- nus sed tamdiu/quamdiu-cum aliis est, aut ipse secum; is cum istuiri adolescentcm jam turn euro hac diis irata fronte vidiiset^ non fugit ejus amicitiam, cum efset praesertim appetitus: dedit se in consuetudinem, sic ut prorsus una viveret, nee fere ab isto unquam discejderet. Non apud indoctos, sed, ut ego arbi- tror, in hominum eruditifsimorum et humanifsimorum ecetu lo-^ quor; audistis prefecto dici, ( 4b ) philosopher Epicureos, omnes res, quae sunt homini expetendae, voluptate metiri : recte an secus, nihil ad nos ; aut si ad nos, nihil ad hoc tempus ; sed ta- meniubricum genus orationis adolescenti non aciiter inteliigenti' est saepe praeceps. Itaque admifsarius iste, simulatque audivit a, philosopho voluptatem tantopere laudari 5 nihil expiseatus est : sic suos sensus voluptarios omnes incitavit, sic ad illius hane orationem adhinniit, ut non magistrum virtutis, sed auctorem libidinis a se ilium inventum arbitaretur. Grsecus primo distin- gue re, atque dividere. ilia, quemadmodum dicerentur ; iste claudus (quomodo aiunt) pilam retinere, quod acceperat testi- ficari, tabulas obsignare velle, Epicurum disertum decernere ; { A9 ) et tamen dictum, ut opinor, se nullum bonum intelligere pofse, demptis corporis voluptatibus. Quid multa? Graecus facilis, et valde venustus nimis pugnax contra senatorem populi Romani efse noluit. XXIX. Estautem hic,de quoloqiior, non philosophia solum, sed etiam Uteris, quod fere caeteros Epicureos negligere dic'unt, per- politus. Poema porro facit ita festivum, ita concinnum, ita ele- gans, nihil ut fieri poisit argutius ; in quo reprehendateum licet, si qui volet, modo leviter, non ut impurum, non ut improbum, non (46) Ubi galli cemtum audivit, avian suum revixifse putat.~\ This is a pun upon the word Callus ; Piso's grandfather being a Gaul. (47) Est quidam Grcecus, qui cum isto vivit.'] The name of this Greek was Philodemus, an Epicurean philosopher: he is mentioned by Cicero, in his second book Dejinibus, as a man of great worth and learning. (48) Phitosophos Epicureos omnes res, qui? sunt homini expetendee volaptate ■metiri.'] The Epicureans held pleasure to be the chief good of man, and death the extinction of his being: so that they placed their happinefs in the secure enjoyment. of a pleasurable life; esteeming virtue on no other account, than as it was a handmaid to pleasure, and helped to insure the pofsefsion of it, by preserving health and conciliating friends. Their wise man accordingly had no other dutv. but to provide for his own ease, to decline all struggles, to retire from public affairs, and to imitate the life of their gods, by pafsjng his days in a calm, contemplative, undisturbed re- pose, in the midst of rural shades and pleasant gardens, CICERO^ ORATIONS. 4U to himself: they drink as long as he serves them from the upper couch ; when he hears the cock crow, he thinks his grandfather has risen from the dead, and orders the table to be removed. Sect. XXVIII. It will be asked, perhaps, how came you to know this ? Why, trtjly, I will draw a Character of no person for the sake of abuse, especially of a man of genius and 1 ear nil for such, were I ever no willing, 1 cannot hate. There Jives with this wretch a certain Greek, who, to speak the truth, is an ingenious man, for. I know him to he so ; hut he shows him- self such only when with other people than him, or when by himself. This person happening to see Piso, when a young- man, with that severity of aspect which he wore even then, did not decline his friendship, especially as Piso courted him, but ran into an intimacy with him in such a manner that they lived together, and were almost inseparable. lam not now speaking before illiterate persons, but before an afsembly which I know to be composed of men of the greatest learning and politeneis. The Epicurean philosophers then, you must have heard, mea- sure every thing which ought to be the object of human wishes, by pleasure; whether justly or not, does not concern us; or 7 if it does, is nothing to the present purpose: yet such a loose ambiguous way of talking is often very pernicious to young persons, who have not the nicest discernment. Accordingly this stallion, as soon as he heard pleasure so highly commended by a philosopher, enquired no farther ; but gave such a loose to every sensual appetite, and was so tickled with his manner of speaking, that he thought he had found in him, not a director of his morals, but an encourager of his lusts. Upon this the Greek began, by means of divisions and distinctions, to show him in what sense these maxims were to be taken. But his lame pupil having once caught the ball, as we say, would not quit it ; he took witnefses, and sealed up their depositions, that Epicurus exprefsly declared, there was no real good remaining, if bodily pleasures were taken away. In short, the good-natured, complai- sant Greek, would not be too obstinate against a Roman senator. Sect. XXIX. But the person I am speaking of is not only an excellent philosopher, but has likewise a great deal of learn- ing ; which, in general, the Epicureans are said to neglect. lie has wrote a poem too, which is so pretty, so full of elegance and humour, that nothing can be more witty and ingenious. If (49) Et tamen dictum o pi nor. ~\ This pafsage is very obscure ; and the commentators, though they have offered several conjectures and emen- dations in order to clear it up, have left it as obscure as ever. We have nothing satisfactory to offer upon it, and must therefore leave our readers to make their best of it, D d 2 412 M. T~. CICSRONIS ■ ORATIONES^ utaudacem, sed ut Graeculum, ut afsentatorem, ut • poetam 2* devenit, aut potius incidit in istum ebdem deceptus supercii'io Grapcus atque advena, quo tarn sapiens et tanta civitas ;revo- care se non poterat, famiiiaritate implicates : et simul iiiconstan- tiaj famam verebatur : rogatus, invitatus, coactus, ita multa ad istum, de isto quoque, scripsit, ut omnes hominis libidines 5 omnia stupra, omnia/ ccenarum conviviorumque genera, adnl- teria denique ejus delicatifsimis versibus exprefsent; in quibus si quis velit, pofsit istius tanquam in speculo vitam intueri : ex quibus multa a multus lecta et- audita recitarem, nisi vere- rer ne hoe ipsum genus orationis, quo nunc utor, ab hujusloci more abhorreret : et simul de ipso qui scripsit,, detrahi nihil volo: qui, si fuiiset in discipulo comparando meliore fortuna,. fortalse austerior et gravior efse potuifset<;, sed eum casus in. banc consuetudinem scribendi induxit, philosopho valde indi gr- im in : siquidem philosophia, ut fertur, vertutis cominet, et officii, et bene vivendi disciplinam:. quam qui protitetur, gra- vifsimarn mi hi sustinere personam videtur. Sed idem casus ilium ignarum quid profiteretur, cum se philosophum else dice- ret, istius impurifsimiE atque intemperantiisimce pecudis coeno, et sordibus inquinavit: qui mbdo cum res gestas consulatus mei collaudafset (qua; quidem laudatio hominis turpifsimi mihi ipsi erat pene turpis.) Non ulla tibi, inquit, invidia nocuit, sed versus tui. Minis magna pcena, te consule, constituta est, sive roalo poetae, sive libero. Scripsisti enim, CEDANT ARMA TO- GJE. Quid turn? ( 50 ) Hacc res tibi ductus illos excitavit. At hoc nusquam opinor scriptum fuifse in illo elogio, quod, te eonsule,. in sepulcbro reipublica? incisum est. VELITIS, JUBEATIS,. UT, quod Marcus Cicero versum. fecerit, sed quod vindicarit. XXX. Veruntamen, quoniam te ( SI ) non Aristarcbum, sed Phalarim grammaticum habcmus,' qui non notam apponas ad malum versum, sed poetam armis persequare ; scire-cupio, quid tandem isto in versu reprebendas, CEDANT ARMA TOG/E. Time dicis, inquit, toga; summum imperatorem efse cefsurum. Quid nunc te,. asme, litems doceam I non opus est verbis, sed (50) Hcec res tibi Jlucins illos excitavit.] Piso, upon his return to Rome from his province, trusting to the authority of His son-in-law, Caesar, had the hardinefs to attack Cicero before the senate; and, among other thing? With which he upbraided him, told him, that a single verse of his was the cause-ef 'all his calamity, by provoking Pompey to make him feel how much the power of the general was superior to that of the orator. The absurdity of Piso's application of this verse, our orator ridicules with great humour. (51) Non Ari star chum, sea 1 Phalarim grammaticum.'] Aristarchus was a celebrated grammarian, and critic: he flourished at Alexandria about- 176 years before Christ. It is reported of him, that he wrote above a thousand commentaries upon different authors ; and that when he did not like a verse. of Homer/ he marked it with an asterisk, as being spurious, Phahris was a famous tyrant of Agrisentura. CICERO S ORATIONS. 413 any one has a mind to find fault with this poem, let him, pro- vided he does it without severity; and treat tKe author, not as a filthy, wicked, and p'resumptuous wretch ; bat asaGreekling, a flatterer, and a poet. As he was a Greek, and a stranger, he came into the hands of this fellow, or rather happened to fall into them ; being imposed upon, as this powerful and wise si had been, by that air of severity. When once he was united to him in so strict an intimacy, he could not disengage himself; and besides, he was afraid ot being charged With inconstancy, if he should leave him. Being asked, invited, and forced to it, he wrote so much to him, and that on the subject of his wretched self, that he described, in charming verfes, all his lusts, all his debaucheries, and, in a word, all his different kinds of suppers and entertainments. Those verses if any one has a mind to read, he may see Piso's life represented in them, as' it were in a minor : I would repeat some of them, which have been read •and heard by many, were I not afraid that the very strain, in which I am now speaking, was inconsistent with the majesty of this place. Besides, I would not detract in the least from the merits of the author, who, if he had been more fortunate in a pupil, would perhaps have been more grave and serious. But chance has led him into this manner of writing, so unworthy of a philosopher; for philosophy is said to comprehend in it the knowledge of virtue, social duty, and moral conduct; and who- ever prole fses it, seems to me to sustain a very important cha- racter. Not knowing well what it was he profefsed, when he took upon him the character of a philosopher, chance, which led him to Piso, plunged him likewise into the mire and filth of that most impure and intemperate brute, who, after having praised my conduct in my consulship, if praise from so/infamous a fellow is not rather infamy, said to me, It is not envy that has hurt you, but your verses. The punishment which was decreed under your consulship, was too severe either for a bad poet, or a. free citizen, But you wrote — Cedant arma tog salute conjunctas; quos ille ad te et ad tuum collegam remisit, ut causam publicam susciperetis, ut ad sena-- turn reierretis: se contra armatum tribunum pleb. sine consilio publico decertare nolle: consulibus ex S. C. rempublicam deferi- dentibus, se arma sumpturum, Ecquid infelix recordaris, quid respond&ris? in quo illi omnes quidem, sed Torquatus prseter ca^teros, furebat contumacia responsi tr»i ; te non else tarn for-? tem quam ipse Torquatus in consulatu fuifset, nut ego: nihil opus efse armis, nihil contentions : me poise iterum reinpuh. servare, si cefsifsem : infinitam csedem fore, si restitifsem : de- inde aci extremum, neque te, neque generum, neque collegam, tuum, tribuno plebis defuturum ; hie tu hostis ac proditor, aiiis. me inimicior^m, quam tibi, debere efse dicis? XXXIL Ego C. Caesarem non eadem de r.epublica sensifse, quae me, scio : sed tamen, quod jam de eo, his audientibus Step© dixi, me ille sui tefius corisulatus, ( 54 ) eorumque hono- rum, quos cum proximis cqmmunicavit ? socium else voluit 3 fletulit, ; invitayit, rogavit ; non sum ego, propter nimiam fortafse constantiae cupiditatem, adductus ad causam : non postulabam ut ei carifeimus efsem, cujus ego ne benefices qui- dem sententiam mearn tradidifsem. Adducta res in certamen, te consule, putabatur, ( 5S ) utrum quae superiore anno ille gefsis- set, manerent, an rescinderentur ; quid Joquar plura? si tan- turn ille in me efse uno roboris et virtues putavit, ut ea, quae ipse geiserat, conciderent, si ego restitifsem ; cur ei non ignoscam si anteposuit suam salutem nieae? Sed prseterita omitto; me ut (53) Multique mortales, oratum in Albanum obsecratumque venerant."] The many letters and mefsages which Pompey received from the confi- dants of Clodius, and from his pretended friends, all admonishing him to be on his guard against the plots of Cicero, and to take better care of his life, induced him to withdraw himself from Borne to his Alban villa. We are not to imagine, however, that he entertained any apprehension of Cicero : the part he acted on this*occ2sion, was more probably owing to his" 'engagements with Caesar. (54) goruinque • honor um, quos cum proximis communicavii, socium efse wluit."] 'Caesar 'tried all means to induce Cicero to take part in the acts of his consulship ; offered him commissions and lieutenancies, of what kind, and with what privileges 'he should desire; and to hold him in the same rank of friendship wluf Pbitipey' himself, as we are tola more fully av his oration, De provinciis consular fb us. ibb) Utrum qua; superior e ayhio ille gefsi '/set, maners?ii'\ Caesar had no sooner laiddown his consulship, than he began to be attacked and affronted by L. Domitius and C. Mensmius, two of Hit praetors: who called in GKT.RO'.S ORATIn 4 1 7 excluded; and all those who and to the state, be removed from Ins coi all accefs to him. Whence it e:une to puis, that h liberty to follow Ins own judgment, w though they were not abl< ;nate his robbed me of his afsistance. J)id not L. Lentul then praetor, did not Q, Sanga, did not L. Torquatus tl did not M. LuculJus tome to your When these, an others, went to Pompey at his Alban ami n.t. him not to desert my fortunes, which qui abjectum hoc cadaver consularibus spoliis nudare non nolint, prsesertim tain afflicto, tarn infirmo, tarn enervato reo : te ita geiseris, ut timeres ne indignus beneficio videreris, nisi ejus, a quo mifsus eras, simillimusexstitiises. XXXIV. An ver6 tu parum putas investigates efse a nobis labes imperii tui, stragesque provincial? quas quidem nos nou vestigiis odorantes ingrefsus tuos, sed totis volutationibus corpo- ris et cubilibus persecute suiuus. Notata a nobis sunt et prima illascelera in adventu, cum, aocepta pecunia a Dyrrhachinis ob necem hospkis tui Platoris, ejus ipsius domum evertisti, cujus sanguine tn .addixeras; eumque, servis symphoniacis et alliis minveribus acceptis, timentem, et multurn dubitantem eonfirm- asti, et Thefsalonicam fide tua venire jufsisti ; ( 58 ) quem ne .roajorum quidem more supplicio affecisti, cum miser ille securi- bus hospitis surcerviees .subjicere gestiret: sed ei medico, quem tecum eduxeras, imperasti, ut venas hominis incideret: cum equkiem tibi etiam accefsio fuit ad necem Platoris, Pleuratus •ejus comes, quem necasti verberibus, summa senectute confec- 'turn. Idemque tu Rabocentum, Befsicse gentis principem, cum te trecentis talentis regi Cotto vendidifses, securi pereufsisti : cum ille ad te legatus in castra veniiset, et ibi magna prossidia et auxilia a Belsis peditum equitumque polliceretur : neque eum solum, sed etiam cseteros legatos, qui simul venerantj quorum omnium capita regi Colto vendidisti. Denseletis, quae natio semper obediens huic imperio, etiam in ilia omnium barbaro- rum defectione Macedonica C. Sentium praetorem tutata est, nefarium bellum et crudele intulisti: eisque cum fidelifsimis sociis uti pofses, hostibus uti acerrimis maluisti. Ita perpetuos defensores Macedonia?., vexatores, ac perdi tores effecisti ; vec- tigalia nostra perturbarunt, urbes ceperunt, vastarunt agros, socios nostros in servitutem abduxerunt, familias abripuerunt, pecus abegerunt, Thefsaionicenses, cum oppido desperafsente. XXXV. ( 5 9) A te Jovis Urii fanum arrtiquifsimum barbaro- rum sanctilsimumque direptum est ; tua scelera dii immortales in (5S) Quern ne major urn quid-im more supplicio affecisti.'] The usual way of putting state criminals to death, was first by scourging them with rods, and .then beheading them. (51/) A te Jovis Urii fanum antiquifsimum barharoruvi.~\ This temple, we .are told by Arrian, lay betwixt the Thracian Bosphorus and the city of T.rebizond., The Jupiter Urius of the Greeks was called by the Romans Jupiter Imperator, as we learn by the following pafsage in the fourth book against Verres. ' Quid? ex aede Li bed simulacrum Aristei non tuo iinpe- •' rio nalam ablatum est:? Quid ? ex aede Jovis, religiosifsimum simulacrum * jovis Jmperatoris,, quem Graxi Urion nom'mant, pulcherrime factum, * nonne abstulisti r ' ardour in the pursuit of glory and fame, that then among them who will be disposed to stun this de of consular spoils; especially when the eritoinal so feeble, so enervate a wretch as you, who liave conduct yourself in such a manner as to &liow you was appi being thought unworthy of the favour conferred upoi did not exactly copy after that worthy gentleman wh Sect. XXXIV. Do you imagine that I have slightly the stains of your government, and the ravages 0? yotfr • vince ? No; I have not gone upon the scent of them, but have closely pursued you through all your steps into your very lurking holes and wallowing places. The very i .e S you were guilty of upon-your arrival, I marked ; when having received a sum of money from the inhabitants of D rachium for murdering Plator, the person who entertained < you demolished the house of the man, whose blood vou had set to sale ; whom, after receiving musical slaves and other presents from him, you encouraged, when under the most perplexi apprehensions, and ordered indeed to come to Thefsalpnica giving him your promise as a pledge of his safety; whom vou did not even put to death according to the custom of your "an- cestors, but when the poor wretch begged to yield his neck to the axes of his guest, ordered the physician, whom you earned with you, to open his veins. To the murder of Plator you added that of his companion Pleuratus too, whom you scounred to death, though sinking into the grave with the weight of years. After selling yourself for three hundred talents to ki Cottus, you likewise beheaded Rabocentus, a principal per- son among tho Befsians; though he came to your camp as an ambafsador, with a promise of afsistance, and a large bodv of auxiliaries both cf horse and foot. You waged a;- cruel war against the Denseiets, a nation always cbedieir. tc our government ; and. which ? even during that tc of the Barbarians in Macedonia, defended C. Sentius i tor; and when you might have made use of them faithful allies, you chose rather to have them inveterate • mies. Thus you rendered those who always defended Mac nia, the ravagers and destroyers of it. They have occ the utmost disorder in our revenue-:., taking cur cities, laid waste our lands, reduced our allies to slavery, carried on their slaves, drove away their cattle, and obliged the in s of Thefsalonica, when they despaired of being able to defend the city any longer, to fortify themselves in the cit Sect. XXXV. By you the temple of Jupiter Urius dered ; a temple, the most ancient and sacred air: 422 M. T. CICERONIS ORATIONES, nostras milites expiaverunt: qui cum uno genere morbi afrlige- icntur, rieque se recreate quisquampofset, qui semel incidifset ; dubitabat ncno. quid violati bospitcs, legati necati, pacati at- due socii nefVrio belldlac'efsiti, fana vexata, banc tantam efri- cerent vastitateiii. Cbgn'dscis ex particula parva, scelerum et crude'litatis fiuc genus unive'rsum. Quid avaritiie, quae crimi- hibus inlinitis unpliea^a est, su'mmam mine expHcem ? genera- tim ea c\iv the sum at which you valued my head, and which wa you out of the treasury for domestic uses? When the people of Apollonia gave you two hundred talents at Rome, i to be excused from paying their debts, did you not deliver up Fusidius, a Roman knight of the most distinguished accom- plishments, into the hands of his debtors? When you your lieutenants with their troops into winter quarters, did you not utterly ruin those wretched cities into which th< sent, and which were not only stripped of their wealth, but obliged to undergo the most infamous outrages of brutal lust ? What rule did you observe in the valuation of corn ? what in the valuation of the free gift ? if what is extorted by violenoe and threats, can be properly called a free gift. This v what the inhabitants or most of , the cities felt, but especially those people of Bceotia, Byzantium, Chersonesus, and Thefsa- lonica. During the space of three years, you was the sole proprietor, the sole valuer, the sole retailer of corn throughout the province. Sect. XXXVI. Need I mention your conduct in criminal trials, your bargains and compromises with the accused, \ our rigorous penalties, and your arbitrary acquittals ? When I h once shown you that I am no stranger to some parts of \ < i conduct under those heads, you may then recollect how i merous and highly aggravated your crimes are upon the whole. To begin then — Do you remember a*iy thing of that me of arms, when having got together all the cattle of the pri vince, you renewed all that profit which was made by your la- ther and others of your family upon skins ? For being I boy in the Italian war, you saw your house filled with the pro- fits of that trade, when your father had the direction of i manufacture of arms. Do you remember how you made a whole province tributary, by laying a certain rax upon all vendible commodities, and farming out that Do you remember how military commifsions w to ' iicillima bcai ad porta,ndum frumentum imperare, ui vectors dUE * ad quam vellcni ffistimatidnem pcrfenirent.* 4C4 m. t. ciceronis drationes. quid ? stipendinm militibus per onmes annos a ciritatibus, men » sis palAra propositi*, efse numeratum ? ( 6l ) Quid ilk in Fon~ tum proteetio, et eonatus tutis ? quid debilitatio atqtlG abjectio animi tui, Macedonia prsetoria nuntiata, cum tu non solum quod tibi succederetur, sed quod Gabinio non succederetur, ex~ sanguis et mortuus coucidisti ? quid quaestor sedilitius rejectus ? propositus legatorum tuorum Qptimus abs te quisque vi'olatus? tribuni milituin non recepti ? M. Baebius, vir rortis, mterfectus juisu tuo ? Quid, quod tu toties dimdens ac desperans rebus tins, in sordib%s, lamentis, Luctuque jacuisti ? ( 6x ) quod populari illi sacerdoti sexcentos ad bestias amicos sociosque misisti ? Quid, quod cum sustentare vix poises moerorem tuum, dolorernque decefsionis, Samothraciam te primum, post inde Thasum cum tuis teneris sakatoribtts, et cum Autobulo, Athamante et Ti~ xnocle, formosis fratribus, contulisti ? Quid, quod cum inde te recipiens, in villa Euchadiae, quas fuit uxor Exegisti, jacuisti, moerens aliquot dies; atque inde obsoletus Thefsalonicam, om- nibus insc.ientibus, noctuque -venisti ? qui cum concursum plo- rantium, ac tempestatem querelarum ferre non poises, in oppi- durri devium Berceam prof'ugisti ; quo in oppido cum tibi spe falsa, quod Q. Ancharinm non efse succefsurum putares, am- nios rumor infiaiset; quo te modo ad tuam intemperantiam, scelerate, innovasti? XXXVII. . Mitto auram coronarium, quod te diutifsime tor- sit ; cum modo velles, modo nolles ; lex enim generi tui et de- cern!, et tc accipere vetabat, nisi decreto triumpho ; in quo tu, nccepta tamen et devorata pecunia, ut in Achoeorum centum talentis, evomere non poteras : vocabula* tantrum pecuniarum, et genera mutabas. Mitto diplomata J;ota in provincia pafsim data : mitto numerum navium, suminamque praedas : mitto ra- tionem exacti impera'tique frumenti: mitto -eraptam libertatem populis, ac singulis, qu~i erant affecti prx-miis nominatim : quo- rum nihil est, quod non sit lege Julia, ne iieri liceat, sanci- tum diligenter. MtoYnim, quas procul a barbaris disjuncta (CI) Quid ilia in Pontinn profectio, et conatus tuus.~\ There Is no mention made in history of what Cicero alleges in this parage. It is probable/ however, that Piso's avarice prompted him to make an attempt upon pontus, and that he was repulsed. (62) Quod populari illi sacerdoti sexcentos ad bestias amicos sociosque mi- sisti ?■] Cicero here refers to the shows of wild beasts^which Clodius exhi- bit ed when he was made curule S'diie. He is called sacerdos popularis, in •^K'u-ion to the story of his profaning the mysteries of the Bona Dea, CICEtlo's ORATIONS. open sale? how the officers had their rani led them the meanest of your slaves ? how the soldie; from the cities every year, offices being publicly that purpose ? What shall I say of your inarch to, and I upon Pontus? of* the dastardly abject spirit you when } upon being told that Macedonia was declared a pi province, you dropped down pale and motion lefs, not o cause you had got a succefsor, hut because- Gabinius I none? of your rejecting a questor, trho had n of the first and ablest of your lieutenants being all wronged you ? of your rejecting the military tribunes appointed by I people? of your ordering that brave man, M. Bpebius, t< put to death ? What shall I say of your abandoning yon often to the most rueful despondency, to tears and lamentation*, upon a view of the desperate situation of your affairs r what of your sending to that lay-priest six hundred of our friends and allies, to be exposed to wild beasts? Do you remember how \ retired, when almost overwhelmed with sorrow ;md affliction ut your removal, first to Samothrace, and from thence to Thar- with your delicate dancers, and tiiose beautiful brothers, A mo- dulus, Athamas, and Timocles ? how, upon your leaving Tharsus, you lay for some days, in the utmost dejection, at the count r-. - seat of Euchadia, the wife of Exegistus, from whence you sU in a pitiful sorry manner, to Thefsalonica, in the night, unci without the knowledge of any body ? how, upon your not being able to bear the tears of the crowds that flocked round you at Thefsalonica, and the tempest of their complaints, you lied to Beraea, an out-of-the-way place ; where, being elated with the report and imagination that Q. Ancharius was not to succeed you, you renewed, ruffian that you are ! all your former outrages ? Sect. XXXVII. I mention not the money for the triumphal crown, which tormented you so long, while you had a mind at one time to take, and at another not to take it. For it forbid by your son-in-law's statute, that such a crown should be either decreed or accepted, uniefs when a triumph decreed. Notwithstanding this, having received and devoi the money, you was no more able to disgorge it, than you to disgorge the hundred talents belonging to the Achaean*. J only alleged another pretence for taking it. I mention the letters patent that were sent all over the province ; nci ships that were sent out, and the amount of their prizes ; nor the account of the corn that was exacted and demanded : I pafs by vour depriving nations of their liberty, with individuals, though thev were exprei'sly entitled to privi- leges: allwhichactsofopprelsion were carefully pro\ id. I by the Julian law. At your departure, you curse, you pJ E e 426 M. T. CICERONIS ORATIONES. gentibus, in sinu pacis posita, medio fere Groeciae gremio con- tinetur (6 poena, oiuria socioruml) decedens miseram perdidlsti. ( 6s ) Arsinoen, Stratum, Naupactum, ut. modo tute indicasti, no- biles urbes atque plenas, fateris ab hostibus else eaptas ; quibus autem hostibus? nenipe iis, ( 64 ) quos tu Ambraciae sedens^ pri- nio tuo adventu ( 6s ) ex oppidis Agrinaruni atque Doldpum de- migrare, et aras et focos relinquere coegisti. Hoc tu in exitu, praxlare imperator, cum tibi ad pristinas clades accefsio fuifset yEtolia; repentinus interitus, exerciturn dimisisti : neque ullam pcenam, quae tanto facinori deberetur-, non maluisti subire, quanl numerum tuorum milituni reliquiasqtie cogiioscere. XXXVIII. Atque ut duorum Epicureorum similitudinem in re militari imperioque videatis : Albucius, cum in Sardinia triumphafset lionise' damnatus est ; hie cum similem exitum speraret, in Macedonia tropeea posuit : eaque, qua? beJlicae Jaudis victoriaeque omnes gentes insignia, et monumenta efse voluerunt, noster hie praeposterus imperator j amifsorum oppi- dorum, caesarum legionum, provincial prscsidio et reliquis mili- tibus orbatae, ad sempiternum dedecus sui generis et nominis funesta indicia constituetj idemque, ut efset, quod in bad tropaeorum incidi inscribique pofset^ Dyrrachium ut venitj dedecens, obsefsus est ab ipsis militibus, quos paullo ante Torquato respondit beneficii causa abs se efse dimifsos ; qui- bus cum juratus afrirmafset, se, quae deberentur, postero die persoluturum, domum se abdidit : inde nocte intempesta, cre- pidatus, veste servilij navem conscendit, Brundusiumque vita- vit, et ultimas Hadriani maris oras petivit : cum interim Dyr- rhachii milites domum, in qua istum efse arbitrabantur, obsi- dere cceperunt, et cum latere hominem putarent, ignes circum- dederunt; quo metu commoti Dyrrhaehini, profugifse noctu crepidatum imperatorem indicaverunt ; iili autem statuam istius persimilem, quam stare celeberrimo in loco voluerat, ne suavifsimi hominis memoria moreretur, deturbant, affli- gunt, comminuunt, difsipant ; sic odium, quod in ipsum attu- ierant, id in ejus imaginem ac simulacrum profuderunt. Quae cum ita sint, non dubito, quin, cum hac, quae excellent, me noise videas, non existimes, mediam iliam partem et turbam tiagitiorum tuorum mini efse inauditam ; nihil est, quod me hortere ; nihil est, quod invites ; admoneri me satis est ; admo- (63) Arsinoeti, Stratum, Naupactum^ The first of these is a city of JEtolia, a small country in Achaia ; the second of Acarnania in Thrace ; the thiK 1 , the capital of JEtolia, now Lepanto. (64) Qjuos , 'u sivibracia: seckns ] Ambracia was a famous city of Thespro- ti;i in Lpirus, near the river Acheron. After Augustus had conquered M. Antony, in memory of his victory, he called this city Nicopolis. / " \ is- oppidis Agrinarum et Dulopum.~\ The former of these inhabited /Ltviiu, the latter Epirus. CICERO 8 ORATIONS. of oar -allies! you ruined poor /Ktolia, which tancelr-om the barbarous nations, seat and situated almost in the centre of ( what you just now declared, that the rich and d< Arsinoc, Stratum, and Naupactum, were taken i But by what enemies? why those whom, upon whilst you was amusing yourself at Ambracia, you forced to quit the towns of the Agreans anil Dolopians, and to relinqu tliejr altars and dwellings. Upon this, when you had ad the sudden ruin of Mtoha. to your former outrages, hk nowned general, you dismifsed your army^nd cho undergo any punishment that was due to so shameful an acti than take an account of the remains oi' your troops. Sect. XXXVIII. But to show you the resemblance bet two Epicureans in their military character : Albucius, after having triumphed in Sardinia, was condemned at Rome: Piso, whilst he expected the same fate, raised trophies in Macedonia; and thus, what other nations have designed as public memorial warlike fame and succefs, this general of ours, to the eternal disgrace of his name and family, has raised to a quite contn purpose, to serve as fatal monuments of cities lost, legions slaughtered, and provinces stripped of their troops, and all man- ner of defence: and that there might be something to be e graved upon the basis of his trophies, when he came to Dyrra- chium, he was, at his departure, invested by those very sold whom he told Torquatus not long ago he had freely dismifi on account of their services. After having sworn to them that he would next day pay them all their arrears, he shut himself up at home; hut at midnight he went on board a ship, v. sandals on his feet, and in the habit of a slave, kept clear Brundusium, and steered for the remotest coast of the Adriatic. The soldiers at Dyrrachium* in the mean time, thinking was st-ill in the house, began to invest it; and) imagining that the fellow concealed himself, set fire to every qu it : the inhabitants of Dyrrachium being alarmed at this, afsu them that their general had made his escape by night in his sandals. Upon this the soldiers threw down, broke to pie^v and scattered about a statue of his, which was very like him, and winch he ordered to be raised in the most public place, that the memory of so agreeable a gentleman might not be lofl thus discharging upon his image and effigies, that hatred whi they were fired with against himself. Having therefore, I make no question but that, as you see 1 am stranger to your flagrant enormities, you'll ira quainted with the whole detail and seri< need not therefore exhort me ; you need not solicit me : mj put in mind is sufficient. The time tl EeJ 428 M. T. CICERONIS ORATIONES, nebit autcm nemo alius, nisi republics tempus : quod mibi quiderc? magis videtur, quam tu unquam arbitrates es, appropinquare. XXXI'X. Ecquid vides, eequid sentis ( 66 ) lege judiciaria lata, quos posthac judices simus habjturi ? non Eeque legetur, quisquis voluerit ; nee, quisquis noluerit, non legetur, nulli conjicientur in ilium ordinem, nulli eximettt'ur : nonambitio adgratiam, non iriiqujtas ad simuiationem conjicietur; judicis judicabunt iiy quos lex ipsa,. non quos bonlinum libido* delegerit. Quod cum ita sit, mibi erode, neminem in^ntus invitabis : res ipsa, et rei- publica:: tempus,. aut me ipsum,; quod nolim, aut alium quem- piam, aut invitabit, aut dehortabttuiv Equidem, utpaullo ante clixi, non eadem supplieia efse in hominibus existimo, quae for- tafse pleriqfie, danmationes, expulsion^, neces: denique nul- lam mibi poenam videtur babere id, quod accidere innocenti, quod forti, quod sapient!,, quod bono virO et civi potest. Dam- natio ista r quge in te Magitatur, obtigit P. Rutilio : quod speci- men habuit h-.ee civitas innoeentioe.. Major mihi judicum, et rei~ publicae poena ilia visa est, quam KutiliL Lv Opimius ejectus est patria ( 6? ) is qui praetor et consul maximis rempubl. periculis liberarat: non in eo, cui facta est injuria, sed in iisquag feeerunt,; sceleris ac conscientia? poena remansit. At contra bis Catilina absolutus:; ( es ) emifsus etiam ille auetor tuns provincial, cuii* stuprum Bonae Dese pulvinaribus intulifset; quis fuit in tantaci- vitate, qui ilium incesto liberatunr, non eos, qui ita judicarunt ? r pari scelere adstrictos arbitraretur ? XL.^An ego^exspectum, dum de te quirique et septuaginta. tabellae diribeantur^ de quo jampridern omnes mortales omnium* generum, setatum, ordinum judicaverunt? quis enim te adity, quis ullo honore,. quis denique communi salutatione dignum pu- tetr 1 omnes memoriam consulates tui, facta, mores, faeiem de- (66) Lege judiciaria latd.~] The law here referred to, was that promul- gated by Pompey in his second consulship, in which this oration wss- made ; whereby the judges were to be chosen otherwise than formerly, out ot the richest in every century ; confined, however, to the senatorian and equestrian orders, together with ihetfibuni cerarii, according to the Aure- ljan law. (67) Is qui pnetor et consul ?naximis rempublica?n perisidis liberarat. ,] In the year of Home 623, the people of Fregellae, a town not far from the Litis, formed a plot to throw off the "Roman yoke. L. Opimius, then praetor, was sent with an army against. them ; their city was delivered in- to his hands by the treachery of Numitorius, and he rased it to the ground: by which, piece of severity he is said to have detered many other Italian towns from breaking into rebellion, to which, provoked by their disappointment in relation to the-freedom of "Rome, they were strongly mclined. I n his consulship too, he had full power given him by the senate to do as he thought fit for the good of the state, in regard to the distur- bances occasioned by C. Gracchus, which he put an end to,- though not without the effusion of much blood: and, notwithstanding the praises our orator bestows upon him, it is certain he acted* on this occasion, a very cruel and violent part. ■CICERO'S ORATIONS. *vcr, shall be my only direction in tins ; and that CU&ft appears .to me to be nearer than you ev< ined. Sect. XXXIX. Do yon not see, do you not p judges we shall have lor the future, according to the 1. rcerning the qualifications of judges? It will not be in the power of every person to be chosen or not, as he please will be obtruded upon that order, and none arbitrarily i .empted : interest shall not be procured there b\ canval it, nor guilt be covered by hypocrisy. Such judges alone shaU be chosen, as the law, not the humours of men, shall make choice of. When this is the case, believe me, vou shall h ,no occasion to provoke an impeachment: the tiring itself, i the convenience of the state, shall invite or difsuade either n self, who have no mind to be engaged in it, or swine otl person. And to repeat what I have but lately said, I am from thinking, with most men, that condemnation, banishu. and death, serve alike tor punishment to all : in a word, 1 no punishment in what may befal an innocent, a brave, a * a good man, or a worthy patriot. That condemnation which all desire to see you fall under, was the lot of Pub. Rutilius, who was looked upon by this state as a pattern of integrity ; but, hi my opinion, the judges and the republic were punished more than Rutilius. L. Opimius was driven from, his country, who, in his praitorship and consulate, had delivered the state from the greatest dangers ; but the penalty of guilt, and the pangs of remorse, did not fall upon him who received the injury, but upon those who inflicted it. Catiline, on the other hand, was twice acquitted; and even the wretch to whom you owe your province escaped, though lie polluted the shrines -of the bona dka. Was there a man in this great city who thought that this cleared him of his abominable impiety, or that hit judges were not equally guilty ? Sect- XL. Am I to wait till seventy-five tablets are distri- buted in your .cause, when men of all ranks, ages, and condi- tions, have long since pronounced you guiltv ? for where is the. man that thinks you worthy of being visited, of receiving the smallest honour, or even a common salutation? Tlie nun of your consulship, your actions, your character, in a word, (68) Emifsits ctiam Ule autior tuus frcvincia-, cum stupru tor p:u~ Vtnaribus intulifsit.] The pollution of thr- toysU n.s «>t the DOS* Dea by Clodius, raised a general scandal through Rome, and was looked u\n a heinous offence to good manners, and the discipftoecrf thr republic. Jionest of all ranks were for pushing this advantage against ( as it would go, in hopes thereby to rid tbemselvi - of no pestilent acit who seemed born to raise disturbances in the state. Accordil K e 8 430 M. T. CICERONIS ORATIONES. nique ac noman a republica detestantur. Legati, qui una fuere, alienati ; tribuni militum inimici: centuriones, et si qui ex tanto exereitu reliqui milites exsistunt, non dimifsi abs te, sed difsipati, te oderunt, tibi pestem exoptant, te exsecrantur. Achaia exhausta: Thefsalia vexata: laceratae Athensfe: Dvrrha- chium et Apollonia exinanita: Ambracia direpta : Parthini et Bulienses illusi ; Epirus excisa ; Locri, Phocii, Bceotii e'xusti : ( 6o ) Acarnania, AmpHilochia, Perrhaibia, Athamanumque gens vendita : Macedonia condonato barbaris : JEtolia ami-fsa : . Do^ lopes finitimique montani oppidisatque agris exterminati : cives Rom. qui in iis locis negotiantur, te unum solum suum depe- culatorem, vexatorem, praedonem, hostem, venii'se senserunt. Ad horum omnium judicia tot atque tanta, domesticum judicium accefsit sententiae damnationis tuae : occultus adventus, f urtivum iter per Italiam, introitus in urbem desertus ab amicis, nullae ad senatum e provincia literae, nulla ex trims eestivis gratulatio, nulla triumphi mentio : non modo, quid gefseris, sed ne quibus in locis quidem fueris, dicere airdes. Ex illo fonte et seminario triumpborum cum arida folia laureoe retulii'ses, cum ea abjecta ad portam reliquisti, tum tu ipse de te ( 7 °) FECISSE VIDERI pro- nuntiavisti ; qui si nihil gefseras dignum honore, ubi exercitus? ubi sumptus? ubi imperium? ubi ilia uberrima supplicationibus triumphisque provincia ? sin autem cuquid separare volueras, si cogitaras id, quod imperatoris nomen, quod laureati fasces, quod ilia tropaea, plena dedecoris etrisus, te commentatumefse declarant : quis te miserior ? quis te damnatior, qui neque scri- bere ad senatum a te bene rempublicam efse gestam, neque prsesens dicere ausus es ? XLI. An tu mibi (cui semper ita persuasum fuerit, non even^ tis, sed factus cujusque fortunam ponderari, neqne in tabellis paucorum judicum, sed in. sententiis omnium civium famam nostramfortunamque pendere) te indemnatum videri putas, quern soeii, quern fcederati, quern liberi populi, quern stipendiarii, quem ' negotiatores, quem pnblicani, quern ' universa civitas, quem legati, quem tribuni militares, quem reliqui milites, qui was published for bringing him to a trial before the praetor, with a select bench of judges: but every art and instrument of corruption being em- ployed by the Clodian party, twenty-five of the judges only condemned, while thirty-one absolved him. (69) Acarnania yAmphilochia, Perrh^bia, Athamanvm quegens , venditat.'] Acarnania was a part of Epirus, now Carnia ; Amphilochia was a small country bordering upon Acarnania; Perrha^bia was a town x of Macedonia ; the Athamanes were a people of JEtoli. (70) Fecifss videri.] This is a form of words made use of by the judges when they condemned a criminal. ciceho s or at io>;s. 431 your very looks and name are abhorred men wish them banished from the common wealth. ': e tenants who accompanied you, have no i* the military tribunes are your foes; tile centurions, ami the ioldiei s that remain of your great army, if any do remain, who not dismissed, but dispersed by you, hate and ah pray for plagues to fall upon you. Achaias utterly i you, Theisaiy ravaged, Athens torn to pieces, Dyrrachium and Apoilonia destroyed, Ambracia pillaged, the Parthini and tth- lienses abused, Epire demolished, the Locrians, Pbocians, and Boeotians burnt out of their dwellings; Aearnania, Amphilochia, Perrhaebia, and the eountry of the Athamanians sold ; Macedon given up to the barbarians; Mtohu lost; the Dolopians, and inhabitants of the neighbouring mountains, driven from their towns and lands; in a word, the Roman citizens, who trade in those places, are all sensible that in your single person they found a plunderer, an oppressor, a robber, and an enemv. To those so numerous and weighty testimonies against you, is added the testimony of your own conscience, which pronounces your condemnation: your secret approach, your clandestine journey through Italy, your not having a friend to attend you when you entered the city, your sending no letters to the se- nate from your province, no congratulations upon your three summer campaigns, no mention of a triumph ; your not daring to give an account of your actions, nay, nor even of the places where you have been. When you brought back your withered laurels from that source and nursery of triumphs, when you threw these* away at the gates of Rome, you then pronouncrd your own condemnation. If you did nothing deserving of ho- nour, where is your army ? where have you spent your money ? what is become of your command? what of your provinc fertile in thansgivings and triumphs? But if you entertained any hopes, if you had those thoughts, which it is evident you had, from that title of emperor, from those laureled fasces, those shameful ridiculous trophies, can any person be more miserable than you, can any person fall under greater condem- nation, since you neither durst write to the senate that you had served your country, nor declare it in their presence? Sect". XLI. Have you the impudence to tell me, who have always been of opinion that every man's fortune is to be weighed, not by events, but by actions; that our fame and glory does not depend upon the suffrages of a few judges, but upon the sentiments of all our fellow-citizens? Do you that you appear to be uncondemned ; you, whom our whom our confederates, whom free nations, whom tribut whom traders, whom the officers of the revenue, whom the whole state, whom your lieutenants, whom the military tribunes, whom the remains of our army, that have escaped frui 1 e 4 432 M. T. CICERONIS ORATIONES. ferrum, qui famem, qui mortem eftugerunt, omni cruciatu dig" uiisimum putaut? cui non apud scnatum, non apud ullum ordi- nem, non apud equites Romanos, non in urbe, non in Italia maxi- morum scelerum venia ulla ad ignoscendum dari pofsit? qui se ip- sum oderit, qui metuat omnes, qui suam causam nemini commit- tere audeat, qui se ipse condemnet? Nunquam ego sanguinem expetivi tuum: nunquam illud extremum, quod pofset else im- probis et probis commune, supplicium iegis ac judicii : sed ab- jectum, contemptum, despectum a caeteris, a, te ipso desperatum et relictum, circumspectantem omnia, quidquid increpuifset per- timescentem, difRdentem tuis rebus, sine voce, sine libertate, .sine auctoritate, sine ulla specie consulari, horrentem, tremen- tern, adulantem omnes videre te volui: vidi. Quare si tibi evenerit, quod metuis, ne accidat ; equidem non moleste feram : sin id tardius forte fiet, fruar tamen tua indignitate : nee minus libenter metuentem videbo, ne reus fias, quam reum: nee mi-r nus Isetabor, cum te semper sordid um, quaiu si paullisper sordid datum viderem. CICERO S ORATIONS. sword, from famine, and from death , thi t he severest punishment? You who can never b , ur- inous crimes, neither by the senate, nor bv the (torn nor by any order of men in the state; neither in m any part of Italy ? You who hate yourself, who i who dare trust your cause to no person, and who. stand condami by our own judgment? I never thirsted for your blood, I net -wished for that heaviest punishment which is mtii< >ur Jaws, which the virtuous may be exposed to as we cious; but I wished to see you abject, contemptible, d by others, abandoned by yourself, given over to at every thing, frightened at the least noise, distrustful of your circumstances, without a voice, without liberty, without au» rity, without the least shadow of consuiar dignity, ever fearful, ever trembling, and the servile flatterer of all you meet; thj wished to see, and this I have seen. If what you dread, fchei fore, should befal you, I shall not indeed be sorry at it; but that should be a slow event, I shall still enjoy your infamy: nor will it give me lefs pleasure to see you dreading an impeach- ment, than if I saw you impeached; nor lefs joy to see you always despicable, than to see you in a sordid habit only for a while. ORATIO XII. PRO T. ANNIO MILONE *. I. T?TSI vereor, judices, ne turpe sit, pro fortifsimo viro di- JCj cere incipientem timere ; minimeque deceat, cum T. Annius [Milo] ipse magis de reipublicae salute, quam de sua perturbetur, me ad ejus caufsam parem auimi magnitudinem aiierre non pofse.; ( l ) tamen haec novi judicii nova forma terre£ oculos : qui quocunque inciderunt, veterem consuetudiuem fori, et prist inum morem judiciorum requirunt : non enim corona consefsus vester cinctus est, ut solebat : non usitata frequently stipati sumus ; nam ilia praesidia, quae pro templis omnibus cemitis, etsi contra vim collocata sunt, non afferunt tamen * This beautiful oration was made in the 55th year of Cicero's age, upon the following occasion. — In the year of Rome 70 1 , T. Annius Milo, Q. Me^ tellus Scipio, and P.Plautius Hypsseus, stood candidates for the consulship ; and, according to Plutarch, pushed on their several interests with such open violence and bribery, as if it had been to be carried only by money or arms. P. Clodius, Milo's profefsed enemy, stood at the same time for the praetorship, and used all his interest to disappoint Milo, by whose ob- taining the consulship he was sure to be controlled in the exercise of his magistracy. The senate, and the better sort, were generally in Milo's in- terest; and Cicero, in particular, served him with distinguished £eal. Three of the tribunes were violent against him, the other seven were his fast friends ;, above all M. Coelius, who, out of regard to Cicero, was very active in his service. But whilst matters were proceeding in a very favour- able train for him, and nothing seemed wanting to crown his succefs, but to bring on the election, which his adversaries, for that reason endeavoured to keep back ; all his hopes and fortunes were blasted at once by an un- happy rencounter with Clodius, in which Clodius was killed by his ser- vants, and by his command. His body was left in the Appian road, where it fell ; but was taken up soon after by Tedius, a senator, who happened to come by, and brought it to Rome ; where it was exposed', all covered with blood and wounds, to the view of the populace, who flocked about it in crowds to lament the miserable fate of their leader. The next day, Sextus Clodius, a kinsman of the deceased, and one of his chief incen- diaries, together with the three tribunes, Milo's enemies, employed all the arts of party and faction to inflame the mob, which they did to such a height of fury, that, snatching up the body, they ran away with it into the senate-house, and, tearing up the benches, tables, and every thing combustible, drefsed up a funeral ^lle upon the spot ; and, together with the body, burnt the house itself, with a basilica or public hall adjoining. Several other outrages were committed ; so that the senate vere obliged to pafs a decree, that the inter-rex, ajsisled by the tribunes and P: ORATION' XII. FOR T. ANN1US M1LO. Sect. I. r E ^HOUGM I am r e,my lords, it may A a reflection on a person's chara* r any signs of fear, when he is entering o man, and particularly unbecoming in me, that w Lniiius jNlilo himself is more concerned for the safety of the st;m his own, I should not be able to maintain an equal greatn mind in pleading his cause ; yet I must own, the unusal mariner in which this new kind of trial is conducted, strikes me with a kind of terror, while I am looking around me, in vain, for the ancient usages of the forum, and the forms that have bqeo hitherto observed in our courts of judicature. Your bench is should take care that the republic received no detriment ; and that Pompey t in particular, should raise a body of troops jor the common security ; which he presently drew together from all parts of Italy. Amidst this con; fusion, the rumour of a dictator being industriously spread, and alarming the senate, they resolved presently to create Pompey the single consul, whose election was accordingly declared by the inter-rrx, after an inter- regnum of near two month's.* Pompey applied himself immediately to quiet the public disorders, and published several new laws prepared by him for that purpose; one of them was to appoint a special commiftton to en- quire into Clodius's death, &c. and to appoint an extraordinary itidge. of consular rank, to preside in it. He attended Milo's trial himself, with a strong guard to preserve peace: the accusers were young Appuis, the jiephewof Clodius, M. Anfonius, and P. Valerius. Cicero was the only advocate on Milo's side; but as soon as he rose up to speak, he ceived with so nice a clamour by the Clodians, that he was mi posed and daunted at his first setting out : he recovered spirit t ever, to go through his speech, winch « down id wntta I published as it was delivered; though the copy of it no posed to have been retouched, and corrected by mm aftei sent to Milo, who was condemned, and weut into exile at Ma; ■ a few days after his condemnation. (t) Tamen hece novi judicii nova / ' oculos.-] The I Cicero calls this a new trial is, because Milo was not tried by th< prjetor, as was usual in criminal cases, but b; a »»<* an Extraordinary judge. By the n which Pompey brought to the trial, m order 5 * 436 M. T, CICERONIS ORATIONES. oratori aliquid, ut in foro.et in judicio, quanqnam praesidiis sa» hitaribus et necefsariis septi sumus, tamen ne non timere quidem sine aliquo timore pofsimus; quae si opposita Miloni putarem, eederemtempori, judices, nee inter tantam vim armorum exis- tunarem oratori locum efse; sed me recreat et reficit (2) Gn. Pompeii, sapientifsimi et justifsimi viri, consilium : quiprofecto nee justitiee suae putaret efse, quem ream sententiis judicum tradidifset, eundem telis militum dedere; nee sapientiae, temeri- .tatem concitatae multitudinisauetoritate publica armare. Quam- obrcm ilia arnia, centurines, cohoortes, non periculum nobis, sed prsesidium denuntiant : neque solum, ut quieto, sed etiam ut magno animo simus, hortantur: neque auxilium modo de- fensioni meae, verum etiam silentium pollieentur. (3) Reliqua vero multitudo, quae quidemest civium, tota nostra est: neque eorum quisquam, quos undique intuentes ex hoc ipso loco cer- nitis, unde aliqua pars fori aspici potest, et hujus exitumjudicii exspectantes videtis, non cum virtuti Milonis favet, turn de se, deliberissuis, depatria, defortunishodiernodiedecertariputat. II. Unum genus est adversum infestumque nobis, eorum quo? P. Clodii furor rapitiis, incendiis, et omnibus exifciis publicis pavit : (4) qui hesterna etiam condone incitati sunt,ut vobis voce prseirent, quid judicaretis; quonim clamor si quis forte fuerit ? admonere vos debebit, ut eum civem retineatis, qui semper genus ilkid hominum, clamoresque maximos pro vestra sa- lute neglexit. Quamobrem adeste animis, judices, et timo- ^rem, si quem habetis, deponite. Nam si unquam de bonis et fortibus viris, si unquam de bene mentis civibus potestas vobis judicandifuit: si denique unquam locus ( s ) ampljfsiinorum ordinum delectis viris datus est, ubi sua studia erga fortes et bones cives, quae vultu et verbis saepe significafsent, re et sen- tentiis declararent : hoc profecto tempore earn potestatem (2) Cn. Pompeii, sapientifsimi et justifsimi viri.~\ Though Pompey was not concerned for Clodius's death or the manner of it, but pleased rather that the republic was freed at any rate from so pestilent a demagogue; ye.t Jie resolved to take the benefit of the occasion, forgetting rid ot Milo too: from whp&i ambition and high spirit, he had reason to apprehend no lefs trouble. Cicero being sensible of this, as well as of the great authority and influence of Pompey, endeavours, through the whole of this oration, to remove the effects which they might have upon the minds of the judges. (3) Reliqya vero niiiltitudo, qua' quidem est civium, tota nostra est. ,] The, Clodian party consisted principally of a set of profligate, low, and aban- doned wretches ; whom Clodius, by his rapines, had gained over to his interest. To these Cicero does not allow tjfie name of citizens, on account .of their infamous characters, and' seditious practices. (4) Oui hesterna etiam concione incitati sunt, ut vobis voce pratirent, quid judicaretis.'] Munatius Plancus Bursa, one of the three tribunes in opposi- tion to Milo, the very day before this oration was delivered, called the people together, and exhofjfced them to appear in a full body thenext day, when judgment was 1o be given, and to declaretheir sentiments in so pub- lic a manner that the criminal might not be suffered to escape; which Ci- cero reflects upon as an insult on the liberty of the bench. CieERo's ORATIONS. not surrounded With the usual circle; nor is the ci- used to throng us. For those guards you lee p tlie temples, liowever intended to prevent all violcix the orator with terror*, so that even in the forum, a trial, though attended with an usual and nc< cannot help being under some apprehensions, a I am sensible they are without foundation. Indeed n I fa gined it was stationed therein opposition to Milo, i sh<> way, my lords, to the times, and conclude tin for an orator in the midst of such an armed force. Hut | dence of Pompey, a man of such distinguished wisd equity, both cheers and relieves mo ; whose justice will m suffer him to leave a person exposed to the rage of the soklii whom he has delivered up to a legal trial; nor his wisdom, give the sanction of public authority to the outrages of a furious mob. Wherefore those arms, those centurions and cohort >, are so far from threatening me with danger, that thev afini me of protection; they not only banish my fears, but inl- ine with courage ; and promise that I shall be heard, not merely with safety, but with silence and attention. As to the rest of the afsembly, those, at least, that are Human citizens, thev all on our side ; nor is there a single person of all that multi- tude of spectators, whom you see on all sides of us, as for as any part of the forum can be distinguished, waiting the event of the trial, who, while he favours Milo, does not think his own fate, that of his posterity, his country, and his propc likewise at stake. Sect. II. There is indeed one set of men our inveterate ene- mies; they are those whom the madnefs of P. Clodius has train- ed up, and supported by plunder, firing of houses, and e\ species of public mischief; who were spirited up by the speeches of yesterday, to dictate to you what sentence you should pais. If these should chance to raise any clamour, it will only make you cautious how you part with a citizen who always despised that crew, and their loudest threatenings, where your safety was concerned. Act with spirit then, my lords ; and if ever entertained any fears, dismifs them ail. tor if ever J had it in your power to determine in favour of brave and \ thy men, or of deserving citizens ; in a word, if < casion was presented to a number of persons most illustrious orders, of declaring, by their actions and r votes, that regard for the- brave and virtuous, which I often exprefsed by their looks and words; now is * (5) Amplifsimorum ordinum ddectis viris.] Theju chosen from the senatorian and equestrian orders; Si t< lis us that they were persons of great abilities and uncu^tioiuble in! 438 M. T» CICERONIS ORAflONES; oinnem vos habetis, ut statuatis, utrum uos, qui semper vestr® auctoritati dediti fuimus, semper niiseri lugeamus; ancliu vexati u perditifsimis civibus, aliquando per vos ae restrain fidem, vfr- tutem, sapientiainque reereetmu\ vQuid etiiin nobis duobus„ judices, laboriosiusr quid rtiugis solicitum, magis exereitum dici aut iingi potest? qui spe amplifsimorum praemiorum ad rempublicam adducti metu crudelifsiniorum suppliciorum carere non pofsumus. Equidem cveteraa tempestates et procelias in iilis duntaxat fiuctibus concioninn semper putavi Miloni else subeundas, quod semper pro bonis contra improbos senserat : in judicio vero et in eo consilio, in quo ex eunctis ordinibus amplifshni viri judicarent, nunquam existimavi spem uliam efse' habituros Miionis inimieos, ad ejus non salutem modo exstin- guendani, sed etiam gkmaiB per tales viros infringendam. Quanquam in hac causa, judices, T. A/mi tribunatu, rebusque omnibus pro salute reipublicic gestis, ad hujus criminis dei'en- sionem non abutemur, ( & ) nisi oculis videritis insidias Miloni a Clodio efse factas: nee deprecatun simms, ut crimen hoc nobis, jnulta propter prseclara in rempublicam merita coridonetis: nee postulaturi, ut, si mors P. Clodii salus vestra fuerit, idcirco earn virtuti Miionis potius quam populi Romani felicitati afsignetis; sin illius insidiae clariores hac luce fuerint, turn denique obse- crabo obtestaborque vos, judices, si caetera amisimus, hoc sal- tern nobis ut relinquatur, ab inimicorum audaeia telisque vitam ut impune liceat defendere. III. Sed antequam ad earn orationem venio, quas est propria nostras quaestionis, videntur ea efse refutanda, quas et in senatu ab inimicis saepe jactata sunt, et in concione saepe ab impro- bis, etjam paullo ante ab accusa«toribus ; ut omni errore sub- lato, rem plane, quae venit in judicium, videre pofsitis. ( 7 ) Ne- gant intueri lucem efse fas ei, qui a se hominem occisum efse fateatur. In qua tandem urbe ; hoc homines stultifsimi disputant ? neinpe in ea, quae prjmum judicium de capite vidit ( 8 ) M. Ho- rat'u fortifsimi viri : qui Bortdum libera civitate, tamen populi (6) Nisi oculis videriiisjjisidias Miloni a Clodia factas. ~\ Several of Milo's friends were of opinion, Hiat he should defend himself, by avowing the death of Clodius to be an act of public benefit: but Cicero thought that defence too desperate, as it would disgust the grave and considerate, by opening so a great a door to licence 5 and offend the powerful, lest the precedent should be extended to themselves. Accordingly he chose to risk the cause on another ifsue, and laboured to show that Clodius lay in wait for Milo, and contrived the time and place ; and that Milo's part was but a necefsary act of self-defence. He does not preclude himself however by this from the other plea, which he frequently takes occasion to insinuate, that if Milo had really designed and contrived to kill Clodius, he would have deserved honours instead of pnnishment, for cutting off so desperate and dangerous an enemy to the peace and liberty of Rome, (7) Negant mtueri lucem efse fas ei, qui a se hominem occisum efse fate- atur.'] The three tribunes who were hi opposition to Milo, declared for his being put to death ; alleging, that a man who confefses he has killed CICERO S OR | 439 you to exert this power, in determining r been devoted to your authoi 11 of our days in grief and miseri ; or aftei insulted by the most abandoned citizens, shall \ your mean-, by your fidelity, virtue and wisdom, wonted lite and vigour. Fur what, my lords; can I < or conceived more grievous to us both, what m trying, than that we, who entered into I from the hopes of the highest honours, cannot even the apprehensions of the severest punishments? Fof my own part, I always took it for granted, that the other storms and tem- pests which are usually raised in popular tumults would upon Milo, beeause he has constantly approved him friend of good men, in opposition to the bad ; but in a public trial, where the most illustrious persons of all the ordei state were to sit as judges, I never imagined that Milo's enen could> have entertained the least hope" not onlv of destroy his safety, while such persons were upon the bench, but even giving the least stain to his honour. In this cause, mv lords, I shall take no advantage of Annius's tribuneship, nor of his im- portant services to the state during the whole of his life, in order to make out his defence, unlefsyou shall see that Clodius him- self actually lay in wait for him ; nor shall Iintreat you to grant a pardon for one rash action, in consideration of the main glo- rious things he has performed for his country ; nor require, that if Clodius's death prove a blefsing to you, you should asm! rather to Milo's virtue, than the fortune of Koine ; but if it should appear clearer than the day, that Clodius did really I wait, then I must beseech and adjure you, my lords, that ii have lost every thing else, we may at least be allowed, without fear of punishment, to defend our lives against the insolent tacks of our enemies. Sect. III. But before I enter upon that which is the propei subject of our present inquiry, it will bo neoefsary to conl those notions which have been often advanced bv our enemies in the senate, often by a set of worthlefs fellows, and «. lately by our accusers before an afsembly, that moved all ground of mistake, you may have a dearer vicv the matter that is to come before you. They say, that a man who confefses he has killed another, ought not to be to live. But where, pray, do these stupid people use this gument ? why, truly, in that very city where that was ever tried for a capital crime was the brave M. Hora- another, should not be allowed to live. Cicero refutes this argun very artful manner, by producing several parallel cases from t!. . of Rome. (8) M. Horatii, fortifsimi oiri.'l This was the M. Hoi both his brothers were slain, kriled the three Curiatii in tha bat, under the reign of Tullus EosUiius, *hich gave i< 440 M. T. CICERONIS ORATIONESi llomani comitiis liberates est, cum sua manu sororem interfec- tam else fateretur. An est quisquam qui hoc ignoret, cum de homine occiso quseratur$ aut negari solere omnino efse factum \ aut recte ac jure factum else defendi ? Nisi vero existimatis de- mentem P. Africanum fuifse, qui cum a C. Carbone tribuno plebis in concione (9) seditiose interrogaretur, quid de Tiberii Gracchi moi te sentiret, respondit, ( IO ) jure csesum videri. Neque enim pofsetaut Ahala ille Servilius, aut P. Nasica, aut L. Opi- mius, aut C. Marius, aut me consule, senatus non nefarios ha- beri, si sceieratos cives interfici nefas efset. Itaque hoc, judices^ lion sine causa etiam fictis fabulis doctifsimi homines memoriae prodiderunt, eum, qui patris ulciscendi causa matrem necavifset, variatis hominum sententiis, non solum divina, sed etiam JDeae sapientifsimaesententia liberatum. (") Quod si duodecim tabulae nocturnum furem quoquo modo: dittrnum autem, si se telo de- fenderit, interfici impune voluerunt; quis est, qui, quoquo modo quis interfectus sit, puniendum putet, cum videataliquando gla- dium nobis ad occidendum hominem ab ipsis porrigi iegibus ? over her mother Alba. As he was returning after so glorious a victory in a sort of triumph, his temples encircled with a crown the king had put upon his head, and his shoulders loaded with the spoils of the three Curiatii, to his great surprise, he beheld his sister unaccompanied by her mother, and without any attendance, hurrying forward in the promiscuous crowd to* meet him. One of the Alban champions had been her lover, and was to have been her husband. Upon the first report of his being slain, she had stolen from her mother, and was come, running like a distracted creature, to learn the certainty of his fate ; and when she saw the conqueror bearing in triumph her lover's military robe (which she had wrought with her own hands) stained with his blood, she tore her hair, beat her breast, and re- viled her brother in the bitterest exprefsions. HorathiSj warm with slaugh- ter, and enraged at these reproaches, and the untimely grief of his sister* killed her upon the spot; and, without sign of pity or remorse, went straight on to his father's house, who approved of the cruel deed, and re- fused to let his daughter be buried in the sepulchre of her famiiy. Hora- tius was arraigned before king Tullus, upon an accusation of murder, and some of the most eminent of the citizens concerned themselves in the pro- secution. The king, to avoid the odium he might bring upon himself, by either acquitting or condemning the criminal, turned the affair into a state crime, and, calling the people together, named two commifsionersj or du- umviri, to try him as a traitor. The fact of which he was accused being notorious, and not disowned by him, the duumviri, without delay, pro^ nounced sentence against him ; and the executioner had already laid hold of him, when, by the king's advice, he appealed to an afsembly of the people; which, through admiration of his courage, rather than for the jus- tice of his cause, revoked the sentence that had been pafsed against him. However, that the crime might not go wholly unpunished, they con- demned him to pafs under the yoke, an ignominy to which tkey usually subjected prisoners of war who had cowardly surrendered their arms. (9) Seditiose interrogaretur ] C. Papirius Carbo, in his tribuneship, warmly espoused the cause of the people against the nobility. One day, in a public afsembly, he called to Scipio Africanus,' and asked him, what he thought of the death of Tiberius? meaning probably, by T this question, to draw an answer from him that would hurt his credit either with the se- nate or the people. Scipio without hesitation declared, that, in his opinion. CICERO'S ORATIONS. 441 tius; who, before the state was in pofselsion of its liberty, n quitted by the comitia of the Roman people, though h< he had killed his sister with his own hand. ( '.in ignorant as not to know, that in cases of bloodshed, the either absolutely denied, or maintained to bi id lawful ? Were it not so, P. Africanus must be reckoned out of Ins 1 who, when he was asked in a seditious manner, by the tribune Carbo, before all the people, what he thou^ hr of Grace! . ; said, that he deserved to die. Nor can Ahala Servilius, P. \ L. Opimius> C. Marius, or the senate itself, during mv 1 be acquitted of the most enormous guilt, if it be a crime to put wicked citizens to death. It is not without reason therefore, my lords, that learned men have informed us, though in a fabujoua manner^ how that, when a difference arose in regard to th( who had killed his mother in revenge for ins father's death, lie was acquitted by a divine decree, nay by a decree of the goddefs of Wisdom herself. And if the twelve tables allow a man, with- out fear of punishment, to take away the life of a thief in the night, in whatever situation he finds him; and, in the day time, if he uses a weapon in his defence; who can imagine that a person must universally deserve punishment for killing another, when he cannot but see that the laws themselves in some eases put a sword into our hands for this very purpose ? "' - ~ -I'll ■!■—-.— ... Tiberius was justly slain. And when the multitude let him know their displeasure by a loud cry, he boldly returned, * Cease your noise) do you f think by your clamour to frighten mo, who am used, unterrified, to hear * the shouts of embattled enemies/ (10) Jure ccesumvideri.'] Tiberius Gracchus, in his tribuneship, revived the Agrarian law of Licinius Stolo, the total neglect of which was extremely prejudicial to the republic. This drew upon him the displeasure of the se- nate and the rich; who took the fatal resolution, upon this occasion, of having recourse to arms and slaughter; and afsafsinated, before the temple of Jupiter Capitolinus, a magistrate, whose person, by the laws, was sacred and inviolable. Mr. Guthrie, in his notes upon this pafsage, charges Grac- chus with being the author of.many seditions, and with violently oppressing the state ; but it would be difficult, we apprehend, to support such a charge, So far, indeed, was Gracchus from violently opprefsing the state, that he generously undertook to humble the proud and aspiring nobility, and to deliver the poor from their violent opprefsions, and lost his life in the pur- suit of so glorious an enterprise. If his view of his character and conduct be impartially considered, we cannot but think, with one of the most judi- cious of modern historians, that he must appear the most accomplished patriot ever Rome produced. (11) Quod si duodceim tabulce nocturnum fnrem?\ In the beginning of the Roman state, there was no certain standard of justice and equity ; but every thing was managed by the sole authority of the kings. As the consuls suc- ceeded to the regal power, they likewise succeeded to the prerogative of distributing justice, by themselves, or their patrician substitutes; and the judicial proceedings for manv years depended only on custom, and th Went of the court. At last, to redrefs this inconvenience, commit sent into Greece, to make a collection of the best laws for t' their country ; and, at their return, the DcccvrAri were created, • them into twelve tables. Cicero pafses high encomiums on these lav. gives it as his opinion, that they were to be preferred to whole literal the philosophers The law referred to in this pafs.ige runs tl is attacked by a robber i/i the tttfht kt him not be punished if hi 442 M. T. CICERONIS'ORATIONES. IV. Atqui si tempusest ullum jurebominis nccandij quaemulra sunt, certe illiul est non modo justum, yerumetiarn necelsarium, cum vi vis alata detenditur. ( I2 ) Pudicitiam cum eriperet militi jtribunus militaris in exercitu 0. Marii, propinquu^ ejus impera- tqris'j interreatus ab eo est, cuj vim ailerebat; iacere enim prof bus acJolescens periculose, quam perpeti turpitcr inaluit; atque liunc ille vir summus scelere solum m pericuio liberavit. Insi- diatori vero ct latroui qua: potest inierri ihjusta nex ? Quid co- mitatus nostri, quid giadii volunt? quos habere eerte Don lice- ret, si uti illis nullo pacto liceret. Kst enim Ikcc,- judices, nou scripta, sed nata lex: quam non didicimus, aecepimus, legi- nuis, verum ex natura ipsa arripuimns, hausimus, exprelsimus r ad quam non docti, sed racti ; non instituti, sed imbuti sumus: ut si vita nostra in aliquas insidias, si in vim, si in tela aut latro- iiuii), aut inimicorum incidilset; omnis iionesta ratio efset cx- pediciukc salutis. Silent enim leges inter arma, nee se exspec- tan jubentj cum ei qui exspectare velit, ante injusta poena lu- enda sit, quam justa repetenda. Etsi porsapienter,. et quodam- modo tacite, dat ipsa lex potestatem defendendi ; quae non mo- do bominem occidi, sed else cum telo hominis occidendi causa, vejtat; ut, cum causa, non telum quaTcretur, qui sui defendendi causa telo efset usus, non bominis occidendi causa babuifsc telum judicaretur. Quapropter hoc maneat in causa, judices ; non enim dubito quin probaturussim vobis defensionem nieam, si id memi- neritis, quod oblivisci non potestis,insidiatorcmjurc intcriici poise. V. Sequitur illud, quod a Milonis inimicis saDpifeime dicitur, caedem, in qua P. Clodius occisusest, ('?} senatum judicaise con- tra rempublicam efse factam. Ulam vero senatus, non sententiis suis solum, sed etiam studiis comprobavit. Quoties enim est iila causa a nobis acta in senatu ? quibus afsensionibus imiversi {1'2) Pudicitiain dan eriperet mititi tribmnts mifitaris in exercitu C. J1/e him to the consulship a third time. (13) Senatmn judi cape contra rcmpubh'cam efse factam .] The senate had pafsed two decrees, in relation to the case of Milo; onesyas, that the mur- der of Clodius was an act against the state; the other, that the inter-rex, ;;fsisted by the tribunes and Pompey, should fake- care that the republic received no detriment, and that Pompey in particular should raise a body of troops for the common security. 1 his being the case, Milo's enemie alleged that he was in a manner already condemned bv the senate. Ci- cero, in answer to this, endeavours, very artfully, to show, that Milo's con- duct -was so far Jrom being condemned, that it was approved by the se- nate. Milo, he alleges, was not affected by that decree of the senate which oks; hut it is d< from, it is forced upon us, by nature, and stamped in indelible characters updn our very frame: it was not conveved to us by instruction, but wrought into our constitution ; it is the dii not of education, but instinct, that if our lives should be at any time in danger from concealed or more open afsaults of robbers or private enemies, every honourable method should he taken for our security* Laws, my lords, are silent amidst arms ; nor do they T require us to wait their decisions, when by such a delay one must sutler an undeserved punishment himself, rather than indict it justly on another: Even the law itself, very wisely, and in some measure tacitly, allows of self-defence, as it does not forbid the killing of a man, but the carrying a weapon in order to kili him : since then the strefs is laid not upon the wea- pon, but the end for which it was carried) he that make of a weapen onlv to defend himself, can never he condemn wearing it with an intention to take away a man's lite. Ti fore, my lords, let this principle be laid down as the foun ' of our plea: for I don't doubt hut I shall make out my ch-: to your satisfaction, if you only keep in min.l what 1 think it id impoisible tor you to forget, that a man who lies in wait for ^wo- tiler, may he lawfully killed. Si: OT; V. I come now to consider what is frequently i:i- Upon by Milo's enemjes ; that the killing of P. Ciodius has declared by the senate a dangerous attack upon the state. Bui the seriate lias declared their approbation of it, not only by their saftrages, hut by tin* warmest testimonies in favour of Mdo. For how often have 1 pleaded that very cause before them ; great was the salisfa* tion of the whole ordei ? bow loudlv. 41-4 JUT. T. . CICBR,ONIS 0RATI0NES. ordinis? quam nee taeitus,nec occultis ? quando enim frequent- iisimo scnatu quatuor* ad summum quinque sunt inventi, qui Milouis causam non piobarent? (Mj Declarant hujus ambusti tri- buni plebis ilia; inter mortiv^conci ones, quibusquotidie meam po- tentiam invidiose criminabatur, cum diceret, senatum non quod sentirct, sed quod ego ve31em,deeernere. Ques quidem si potentia est appellanda potius, quam propter magna in rerapublicam me- rita, mediocris in bonis causis uuctoritas, aut, propter omciosos. labores meo.s, nonnulla a pud bonos gratia," appelletur ita sane, dununodo eii nos utamur pro salute bonorum contra amentiam perditoruna. Hanc vero quaestionem, etsi non est iniqua, nun- quam tamen senatus constituendam putavit : erant enim leges, erant qusestiones vel de caide,, vel de vi : nee tautum moeroreni ac luctum senatui mors P. Clodii afferebat, ut nova qurcstio eonstitueretur. ( ,5 ) Cujus enim senatui de illo incesto stupro judicium decernendi potestas efset erepta ; de ejusinteritu quis potest credere senatum judicium novum constituendum putafse ? Cur igitur incendium curia?, ( ,6 ) oppugnationem medium M. Lepidi, ea?dem hanc ipsam, contra rempub. senatus factum efee decrevit ? Quia nulla vis unquam est in libera civitate suscepta inter cives n>o^ contra rempubtiearm Non enim est ulla defensio contra vim unquam optan da, sed nonn unquam est necefsaria ; nisi vero aut ille dies, in quo Tiberius Gracchus est eaofus, aut ille, que- Caius, aut quo arma Satuniini opprefsa sunt, ejtianasi e republ. remp. tamen nert vulnerarunt. . VI. Xtaque ego ipse decrevi, cum csedem in Appia factam efse eonstaret, noiieura, qui se defendifset, contra rempubl. fecifse, sed, cum mefseti in re vis, et insidije, crimen judicio reservavi,. rem notavi. Quod si per furiosum ilium tribunum senatui, quod sentiebat^ periieere licuifset, novam qusestionem nunc nullam haberemus ; decernebat enim, at veteribus legibus tantum modo- extra ordinem qua?reretur ; ('?) di visa sen tentia est, postulante (14) Chclarant hujus ambusti tribuni plebis illce intermortu<£ condones.'] The following note of iNsconius illustrates this pafsage. Titus Munacius Plancus, says he, el Q. P&mpeius Rujits tribuni plebis , cum contra MUonem Scipioni et Hypscco studerenf, concinnati sunt eo ipso tempore, plebemque in MUonem accenderunt, a no propter Clodii \corpus, curia incersaest: nee priiis destiterant, quam jlarnmd ejus, incendii fugati sunt e condone. Erant &nim :'imc rostra nqu, eo toco, quo nunc stmt, sed ad comitium, prope juncta curice . Ob hoc T. Munacium am bust urn tribunum appellaf. (15) Cujus enim de illo incesto stupro judicium decernendi polesl&s senatui efsel erepta.^ When the affair of Clodius's polluting the masteries of the Bona Dea- was brought before the senate, it was resolved to refer it to the college of priests, Who declared it to be an abominable impiety; upon • ">vhich die consuls were ordered to provide a law for bringing Clodius to a. Trial before the people. But Q. Fusius Galenas, one of the tribunes, sup- ported by all the Clodian faction, would not permit the law to be offered to the suffrage of the citizens. The affair being likely to produce great disorders, Ijortensins proposed an expedient, which was accepted bv both parties, that the tribune Fusius should publish a law for the trial of Clodius by the prator, with a select bench of judges. publicly did they applaud ino' In the fullest house, when were there found four, at most live, who did not gpc Milo's conduct? ThU appears plainly Groin the lifeld of that singed tribune, in which tic was continually in in against my power, and alleging that the senate, ii did not follow their own judgment, but were entirely un direction and influence. Which if it most be calh rather than a moderate share of authority in just and lawful cases, to which one may be entitled by lervieei to his t or some degree of interest with the worthy part of mankind, m, account of my readinefs to exert mvself in iln cent; let it be called so, provided it is employed for the pi teetion of the virtuous against the fury of rurhans. But ih this extraordinary trial, though I do not blame it, yot tin never thought of granting it; because we had laws and prece- dents already both in regard to murder and violence : nor did Clodius's death give them so much concern as to occasion an extraordinary commiision. For if the senate was deprive*! the power of pafsing sentence upon him for an incestuous de- bauch, who can imagine they would think it necel'sarv to grant any extraordinary trial for inquiring into his death ? Win then did the senate decree, that burning the court, the al'sault upon M. Lepidus's house, and even the death of this man, were actions injurious to the republic ? because every act of violence commit- ted in a free state by one citizen against another, is an act against the stabe. For even force in one's own defence is never desir- able, though it is sometimes necefsary ; unlefs indeed it be pre- tended that no wound w r as given the state, on the day when the (^rracchi were slain, and the armed force of Saturninus crushed. Sect. VI. When it appeared, therefore, that a man had been killed upon the Appian way, I was of opinion that the party, who acted in his own defence, should not be deemed an enemy to the state ; but as both contrivance and force had been employed in the affair, I referred the merits of the cause to a trial, and admitted of the fact. And if that frantic tri- bune would have permitted the senate to follow their own judgment, we should at this time have had no new commifsion for a trial: for the senate was coming to a resolution, that the Cause should be tried upon the old laws only, not cording to the usual forms. A division was made in the vote, .1 ( 1 6) OpptigTiationcm tedium M. Lcpidi.'] Manutius tells us that the fa< of Scipio and ilypsams stormed the house of M. Lepkiu*, the intl threw clown the images of his ancestors, and committed a vaiitty of out- rages, because he would not hold the comitia for the election of consul*, whilst the resentment of the populace was fresh against M (17) Divisa sententia est :\ When any opinion, proposed 10 the Bi was thought too general, and to include several difiti f f 3 4-Io M. T. GICERONIS ORATIONES. liescio quo; nihil enhn necefse est oinnium me flagitia proferre; tic reliqua auctoritatis senatus, empta. intercefsionc, sublata est. At enim C'n. Pompcius rogatione sua et de ve ct de causa judi- cavit; tulit en i ill de casde, qujc in Appia via facta efset, in qua P. Clpdius occisus fuit ; quid ergo tulit ? nempe, ut qua:reretur ; quid porro quuerendum est ? factumne sit? at constat; a quo ? at patet; yidit etiam in confefsione facti, juris tauten defensio- iiem suscipi pofse; ( l8 ) quod nisi vidifset, poise absolvi eum, qui lateretur: cum videtet uosfateri; neque quacri unquamjul'sis- set, nee vobis (' 9 ) tarn salutarem banc in judicando lite rani, quain iilam tristem dedifset. JVIiln vero Cn. Pompeius non modo nihil gravius contra Milonem judieaise, sed etiam statnifse videtur, quid vos in judicando spectare oporteret ; nam qui non pcenam conieisioui, sed defensionem dedit, is causam interitus quaren- dam j non interitum putavit. Jam illud dicet ipse prpfccto, quod sua sponte fecit, Publione Clodio tribuendum putarit, an tempori*, VII. Domi sure rjpbilifsimus vir, seuatus prppugnator, atque jllis quidem temporibus pene patronus, avunculus bujus nostri judicis, fortifsiml viri, M. Catonis, [V) tribunus pleb. M. Drusus occisus est; nihil de ejus morte populus consultus, nulla quaestio decreta a senatu est. Quantum luctum in hae urbe fuifse a, nostris patribus accepimus, ( 2i ) cum P. Africano domi sine quiescent! ilia nocturna vis efset ijlata ? quis turn non gemuit ? quis non arsit dolore? quern immortalem, si fieri pofset, onines else cuperent, ejus ne necefsariam quidem expectatam else mor- tem ? Num igitur ulla qiuestio de Africani morte lata est r certe which might be approved, and others rejected; it >vas usual to require that it might be divided ; and sometimes by a general voice of the afsembly, calling out, Divide, divide. (18) Quod ?ii$i vidifset, pofse ahsolvi eum > qui fateretur.'] It is very observ- able with what addrefs Cicero conducts himself, in regard to Pompey, through the whole of this oration, lie was very sensible what weight and influence Pompey had, and of what consequence it was to his cause to haw? it thought that he was Milp's friend: accordingly he insinuates, in a, very artful manner, that he was, though he well knew the contrary. (ID) Tarn salutarem hanc in judicando lifer am, quamijlam tristem ~\ He means the letters A and C; the first of which the judges wrote on the ta- blets, if they meant to acquit, and the other if they meant to condemn: on which account the termer is called salutaris, the latter Irislis. bee note 12th on the oratioji against Cxpilius. (20) Jributiusplebis J\l. Drusus occisus est.'] M. Liyius Drusus was a tri- bune in the year of Borne 631. He was a man of good parts, natural and acquired; a great orator, and very rich. The senate, by their solvations, e ri r"? ,fli ^ h)}V Jo combine with them against his colleague C. Gracchus,, and alMsud him in procuring a decree for planting twelve new colonies, each %){ three thousand Komans. in order to supplant paitis in the esteem of the people, though without any view to their real advantage. ' He afterwards incurred the displeasure oi the senate, and was aiVafsinated in his attempt o: publishing a law to confer the freedom of the city upon some of the principal tounsof Italy, to whom he had promised it, and who had formed themselves into a confederacy in order to support their demand of it. (21) Cum J\ Ajricano domi sine quiescenti itla nocturna vis efset illata.~\ ' r h;s was i\ Africamis Minor. There are various reports about the vio- crim< [•e ]U'->t I know not; for it is no Klines of every one. Tims the remainder of I tiioi?itV w.N destroyed bV a mercenary interposition. Hut k said that l\mipey,' by the bill which lie brought in, decided both uponthe nature of the fact in general* and the nv this cause in particular 1 } for lie published a h\\ con< encounter in the Appian way, in which P. Clodius was kil!< lint, what was the law? whv, that inquiry should he in., it. And what was to be inquired into ? Whether the tact m committed? hut that is not disputed. By whom? thai clear; for Pompey saw, though the fad was contclsed, that the justice of it might he defended. If he had not seen that a per 'son might be acquitted, after making his contbfeuM would have directed any incjuiry to be made, nor have put into your hands, mv lords, "an acquitting as well as a favourable letter. But Ctt. Pompey seems, to me, not only to have de- termined nothing severe against Milo, but even to have pom: out what you are to have in view in the course ot the trial. ! he who did not punish the confefsion of the fact, but allowed a defence, was surelv of opinion that the cause ot the bloods! was to be inquired into, and not the tact itselt. I refer it to Pompey himself, whether the part he acted m this attair pro- ceeded from his regard tq the memory ot P. Clouius, or lrom his regard to the times. Sect, VII. M. Drusus, a man of the highest qualm fender, and iu those times almost the patron of the senate^ uncle to that brave man M. Cato, now upon the bench, and tri- bune of the people, was killed in his own house; and yet people were not consulted upon his death, nor was anv commis- sion for a trial granted by the senate on account ot it. Wl deep distrefs is said to have spread over the who e City, v }>. Africanus was afsafsinated in the night-time as he lay on Ins own bed? What breast did not then sigh, what heart « not pierced with grief, that a person, on whom the wishes of all men would have conferred immortality, could fishes have done it, should be cut oif by so early a tat no decree made then tor an inquiry into African™ s deathj No And why? because the crime is the same, whether ^chara kne* done* to him, Se^thors of it. Appian wjMh. dead in his bed in the nwuing, without any «■ ; ' • ■ having b r cond«cu.llu,molrom ^^Z^ Whole body of the senators. \ 'latarc lit «» ™» ""\ v|olence; ( |, lt ^p^red, on the dead bodv, some mark* o » - ' | people accused 1- ulvius , African* 9 dc 1. I c »> . iuspVion even of Caius Grarehu>; and that the pw £ heUndiguUty/woaldnotsuto.any^ variety el reports about the violence d| ne > i that prejudice and party-sp.nt invented he lul c, * a natural death, which, according to N cllqiM I At qF most authors. 44$ M. T. C1CER0NXS ORATIONES. nulla. Quid ita ? quia non alio facinore clari homines, alio ob~ scuri nccantur. Intersit inter vitse dignitatem summorum atque infimoruin : mors quidem illata per scelus iisdem poenis tene- atur et legibus; nisi forte magis erit parricida, si quis consula- rem pattern., quam si quis humilem necaverit: aut eo mors atro- cior erit P. Clodii, quod is in monumentis majorum suorum sit interfectus; hoe enim seepe ab istis dicitur ; peri nde quasi Ap- pius ille Csecus viam munierit, non qua populus uteretur, sed ubi impime sui posteri latrocinarentur. Itaque in eadem ista Appia via, ■(") cum ornatifsimum equitem Rom. P. Clodius M. Papirium occidifset, non fult iilud f acinus puniendum ; homo enim nobilis in suis monumentis equitem Roman, occiderat.- dNuoc ejusdem Appiae nomen quantas tragcedias excitat? quae cruentata antea c*de honesti atque innocentis filebafur, eadem nunc crebro usurpatur, posteaquam latronis et parricidae san- guine imbuta est. Sed quid ego ilia commemoro ? ( 23 ) compre- iiensus est in teniplo Castoris servus P. Clodii, quem ille ad Cn. Pompeium interficiendmn collocarat; extorta est confitenti sica de manibus ; caruit foro postea Pompeius, caruit senatu, caruit publico ; janua se ac parietibus, non jure legum judici- oruiiique texit. NUm quae rogatio lata? num quae nova queestiq decretaest? atqui si res, si vir, si tempus ullum dignum fuit, certe haec in ilia causa summa omnia fuerunt ; irisidiator erat iii foro collocatus, atque in vestibulo ipso senatus : ei viro auteiii inors parabatur, cujus in vita nitebatur salus civitatis : eo porrO reipub. tempore, quo si unus ille occidifset, non haec solum ci- vitas, sed gentes omnes concidifsent; nisi forte, quia perfecta res non est, non fuit punienda : perinde quasi exitus rerum, non hominum corisilia legibus viodicentur; minus cfoiendum fuit, re non perfecta, sed puniendum certe nihilo minus. : Quoties ego ipse, judices, ex P. Clodii teiis et ex cruentis ejus manibus erfugi ? ex qiiibus si me non vel mea, vel reipUb. fortuna seN vafset, quis tandem de interitu meo quaestionem tulifset? 1 ■ ' ' * (22) Cum ornatifsimum equitem Romanum P. Clodius M. Papirium occi* difsei.~\ Clodjus had, by stratagem, - got into his hands the son of king Tigranes, whom Pompey brought with him from the East, and kept a pri-r soner at Rome, in the custody of Flavins the praetor; and instead of de* livering him up when Pompey demanded him, undertook, for a large sum of money, to give him his liberty; and send him home. This occasioned a sharp engagement between him and Flavius, who marched out of Rome, "with a; body of men well armed, to recover Tigranes by force: but Clodius proved too strong for him, and killed a great part of his company; and among them M. Papirius,Pompey's intimate acquaintance, while Flavius also himself had some difficulty to escape with life. •-■ (23) Comprehensus est in teniplo Castoris. ~\ This 1 temple was contiguous to the forum and the senate-house. It was built by Posthumius in honour of Castor and Pollux, who were said to have appeared during the battle of Ilegillus upon white horses, to have marched at the head of the Roman cavairy, striking terror among the Latins; and in the evening, after the battle, to have carried the first news of the victory to Rome, CICERO'S QRATIONS. 449 »of the persons that suffer be illustrious or obscure. Grant that there is a difference as to the dignity of their Jiv. • fieir deaths, when they are the effect- of villany, are judged by the same laws, and attended by the same punishments: un be a more heinous parricide for a man to kill his father, il be of consular dignity, than if he were in a privatt : or the guilt of Clodius's death be aggravated by his being killed amongst the monuments of his ancestors; for that too has !•• urged ; as if the great Appius Caecus had paved that road, for the convenience of his country, but that hi .-, ,,rht have the privilege of committing acts of violence with tin nity. And accordingly when P. Clodius had killed M. Papi- rius, a most accomplished person of the equestrian order, on this Appian way, his crime must pafs unpunished; for a noble- man had only killed a Roman knight amongst the monuments of his own family. Now the very name of this Appian way, what a stir does it make ? what was never mentioned while it was stained with the blood of a worthy and innocent man, is in every one's mouth, now it is dyed with that of a robber and a murderer. But why do I mention these tilings } one of ( dius's slaves was seized in the temple of Castor, where he Mas placed by his master, on purpose to afsafsinate Poinpey: he confpfsed it, as they were wresting the dagger out of his hands, l^ompey absented from the forum upon it, he absented from the senate, he absented from the public. He had recourse, for his security, to the gates and walls of his own house, and not to the authority of laws, or courts of judicature. Was any law pafsed at that time ? was any extraordinary commifsion granted ? And yet, if any circumstance, if any person, if any juncture ever merited such a distinction, it was certainly upon this occasion. An afsafsin was placed in the forum, and in the very porch of the senate-house, with a design to murder the man, on whose life depended the safety of the state, and at so critical a juncture of the republic, that if he had fallen, not this city alone, but the whole empire must have fallen with him. But poisibly you may imagine he ought not to be punished, because his design did not succeed; as if the succefs of a crime, and not the intention of the criminal, was cognizable by the laws. There ^vas lefs reason indeed for grief, as the attempt did not succeed ; but certainly not at all the lefs for punishment. How often, my lords, have I myself escaped the threatening dagger, and bio, hands of Clodius ? from which, if neither my own good for- tune, nor that of the republic, had preserved me, who would ever have procured an extraordinary trial upon my death ? 430 M. T. CICi-RONIS ORATIONEi. VIII, Sed sttilti suinus, quid Drusum, qui Africa mini, Poitn ■ nimii, nosmctipsos, cnin P. Ciodio conferre audeamus; tolerfc luiia foeraht ilia; P. Clodii mortem aequo aninio nemo ferre po- test ; lugct senates : nucret equester ordo : tota civitas confecta senio est: squalent nmnicipia : affhetantur colonic: agri de- jiiquc tjjsi tain benelicum, fcafn saiutarem, tarn mansuetum ci- vom desiderant. Noil fuit ea causa, judices, profecto non fuit, ear sibi censeret Pompeius qiuest ionem ferendam : sed homo sapiens, et alta, et diviria quadam mente prreditus, multa vidit ; fuifsc sibi ilium inimicum, familiarem IVlilonem •■ in communi omnium lajtitia si efeiafti ipse gauderet, timuit no videreturinfir- raior fides reconciliata' gratia? ; multa etiam alia vidit, sed illud maxime; quamvis atrociter ipse tulifset, vos tamen fortiter ju- dicatures. Itaque deleget e florentifsimis ordinibus ipsa Ju- mina: neque vero, (fuod nonnulli dictitant, secrevit in judicibus legendis amieos meos : neque enim hoc cogitavit vir justifsimus, neque in bonis viris legendis id afscqui potuifset, etiamsi cupi- ii'set ; non enim mea gratia familiaritatibuscontinetur, quae late patere non pofsunt, propterea quod consuetudines victds non ' pofsunt efse cum muitis ; sed si quid pofsumus, ex eo polsaruus, quod respublica nos conjunxit cum muitis; ex qui- bus Hie cum optimos viros legeret, idque maxime ad fid cm suam jiertinere arbitraretur, non potuit legere non studiosos mei. Quod vero te, L. Domiti, buic quaestioni praeefse maxime vo- Juit, nihil quaesivitaliud, nisi justitiam, gravitatem, humanitatem, iklem; tulit ut consularem necefse efset : credo, quod principuni inunus else ducebat resistere et levitati multitudinis, et perdito- rmn temeritati ; ex consularibus te creavit potifsimum ; ( Z4 ) de- deras enim, quam contemneres populares insanias, jamab ado- lescentia documenta maxima. IX. Quamobrem, judices, ut aliquando ad causam crimenque .veniamus ; si neque omnis confeisio facti est inusitata, neque de causa quidquam nostra aliter, ac nos vcllemus, a senatu judica- tutu est ; et Jator ipse legis, cum efset controversia nulla facti, juris 'tamen deceptutionem efse voiuit: et electi judices, iisque (?t) Dt deras enim cpiam contemneres populares insanias, jam ab adolcs- cculia documenta maxima'] He refers to Domitius's conduct in his praetoi- sbip, during which Cn. Manlius, one of the tribunes of the people, enacted a law, that the free dm en of every tribe should have, a power of voting, and took pofsefsion of the capitolin a forcible manner, from which he was urivefi 'In- Domitius, and several of his followers slaiu. ' ; ClCERu% ott'A'Tft Skct>. V- 111. But it is weak in on Drusus, Africanus, Pompev, br-iftiyself, with CI. . lives could be dispensed with; bat a death of P. e who had an affection for me. But in fixing upon you, L. Domitius, to ] this trial, be had no other motive than a regard to ju interestednefs, humanity, and honour. lie enacted, that the president should be of consular rank? because, i bii was of opinion, that men of distinction i . against the levity of the populace, and the ni (Joncd. And he gave you the prelercr. same rank, because you had, from y< strongest proofs of your contempt of populai Sect. IX. Therefore, my lords, to come I itself, and the accusation brought against in some cases to coufel's tiie tact ; 'if the senate I thing with relation to our cause, but what we ours< have wished ; it' he who enacted the law, th< dispute about the mutter of tact, was willing I 452 M. T. -CIGERONIS ORATIGNES. p-aepositus qu?estioni, qui hsec juste sapienterque deoeptet : relin- quum est, judices,ut nihil jam aliud qua3reredebeatis,nisiuter utri insidias fecerit ; quod o,uo faciliusargumentisperspicerepofsitis, rem gestam vobis dum breviter expono, quaeso diliger>ter atten- dee. .P. Clodius, cum statuifset omni scekre in praetura vexare rempub. (26) videretque ita tracta efse comitia anno superiore, ut non multos menses praeturam gerere pofset : qui non honoris .gradum spectaret, utcaeteri, sedet L. Paujum collegam effugere vei-let, singular! virtute civem, et annum integrum ad dilace- randam rempubl. quaereret; subito reliquit annum suum, seque m annum proximum traftstultt, -non, ut fit, religione aliqua, ■-sed uc haberet, quod ipse dkebat, ad praeturaui gerendam, hoc est, ad evertendam rempubl. plenum annum atque integrum ; occurrebat ei, mancamacdebilempraeturam suam futuram, con- sule Milorae: eum porro summo consensu populi Jlomani con- ■sulem fieri videbat ; eontulit se ad ejus -competitores ^ sed ita, sotam ut petitionem ipse solus, etiam invitis, illis, gubernaret: tota ut comitia suis, ut dictitabat, humeris sustineret $ convo- cabat tnbus: se interponebat : Coliinam novam, delectu perdi- tifsimorum scribebat civiurn t quanta ille plura miscebat, ' tanto fete magis in dies convaleseebat. Ubi vidit homo ad omne faci- nus paratifsimus fortifsimum virum, inimicifsimum stium, certify simum consuleui ; idque inteiiexit non solum sermonibus^ sed etiam sumagiis populi Rom. saepe efse declaratum ; palam agere co&pit, et aperte dicere, occidendum Milonem ; servos agrestes et barbaros, quibus silvaspublicas depopulates erat,Etruriamque vexarat, ex Appennino deduxerat, quos videbatis; reserat mi- nime obscura; '-etinim palam dictitabat, eonsulatum Miloni eripi non poise, vitam pofse ; significavit hoc saepe in senatu, dixit in concione : quin etiam Fovonio/fortifsimo viro, qua?renti ex eo, qua spe fureret Milone vivo? respondit, triduo, ilium, sd sumnvum quatriduo periturum ; quam yocem ejus ad nunc M. Cantonem statim Favonius detulit. X. Interim cum sciret Clodius, (nequeenim erat difficiles cire,) iter solemne, iegitimum necefsariumante diem xiii. kalend. Febr. (25) Videretquc ita tracla efse comitia anno superiore.'] The factions of t% city, and the seditious conduct of the tribunes, had prevented the elec- tioH of consuls, and occasioned an interregnum of upwards of six months: so- that Mefsala and Calvinus did not hold the consulship " above fiye tftOaVhs, which was probably the case with the prxtprs too. CICERO'S OR of it should be debated ; if a number i and a person appointed to presi< yafstho atiair with wisdom and ccjuii ject of your inquiry is, which of tin other. And that you may be able the more i this point, I shall beg the favour of an atteni in a few words, I lay open tlie whole ill.. dins being determined, when created pra country with every species of oppn mitia had been delayed so long the year befi not hold his office many months ; not re the dignity of the station, but being solicitous both to u having L. Paulus, a man of exemplary virtue, tor his league, and to obtain a whole year tor oppretsin^ the on a sudden threw up his own year, and reserved the next; not from any religious scruple, but that lie n have, as he said himself, a full en pnstorship ; that is, for overturning the commonwealth. H<- was sensible he must be controlled -and cramped in t h of his praetorian authority under Mdo, who, he plainlv would be chose consul by the unanimous consent off the H people. Accordingly he joined the candidates that opposed Milo, but in such a manner that he over-ruled them in i thing, had the sole management of the election, and, i •ased often to boast, bore all the comitia upon his own shoulder-. He afsembled the tribes ; he thrust himself into their compels, and formed a new Collinian tribe of the most abandoned of the citizens. -The more contusion and disturbance he made, the more Milo prevailed. When this wretch, who was bent upon all manner of wickednei's, saw that so brave a man, and his most inveterate enemy, would certainly be consul, when he perceived this, not only hy the discourses, but by the w Roman people, he began to throw off all disguise, and to d- openlv that Milo must be killed. He sent for that rude barbarous crew of slaves from the Apennines, whom you haw; seen, with whom he used to ravage the public fol harafs Etruria. The thing was not in the least he used openly to say, that though Milo could not be depi of the consulate, he might of his lif .ten mtn in the senate, and declared it exprelslv before t : somuch that when Favomus, that brave mat prospect he could have of carrying on his fui while Milo was alive? he replied, that in three or tour most he should be taken out of immediately communicated to M. Cato. Sect. X. In the mean tioi deed was there any difficulty to Q0OM at the mU 4SI M.'T. CICERONIS ORATIONES; Miloni efse ( s6 ) Lanuvium ad Flaminem prodendum, quod efat dictator Laimvii Milo, Roma suhito ipse profectus pridie est, ut ante suum fumdum (quod re intellectum est) Miloni insidiascol^ loearet ; atque ita profectus est, ut concionem turbulentam, in qua ejus furor desideratus est, quae illo ipso die babitn est, rclin- queret : quam, nisi obirc faeinoris locum tempusque voluifset, nunquam reliqnifset.- Milo autem cum in senatu fuifset eo die, quod senatus diimiaus est/ doinum venit : ( 2/ ) calccos et . vesti- menta mutavit : paulisper dum se uxor, ut fit, comparat, commoratiis est: deinde profectus est id temporis, cum jam Clpdius, si quidem eo die Romam venturus erat, rcdire po-* tuifset; obviam fit ei Clodiu-s expeditus, in equo, nulla rhedfiy mdiis impedimentis, ( iS ) nullis Gr&cis comitibus, ut solebal ; ( 2C >) sine uxore, quod nunquam fere : cum bic insidiator, qui. inter iikid ad eieciem faciendam apparafset, cum uxore vehere- tur in rheda, penulutus, magno et impedito, et muliebri ac de- licato ancillarunvpnerorumque cdmitatu ; fit obviam Clociio ante fundum ejus, bora fere xvndecima, aut non multo secus;.- statin* compjures cum telis in hunc faciunt de loco-superiore impetum : adversi rhedarium occidunt : cum autem bic de rbeda rejecta penula, desiluifset, seque aeri amino defenderet ;■ illi, qui erant cum Ciodio, gladiis eduetis, partim reeurrere ad rbedam, ut a tergo Milonem adorirentur j partim, quod hunc jam interfectum putarent, csedcre incipiunt ejus servos, qui post erant : ex qui- bus, qui animo fidelt in dominum et praesenti fucrunt, partim occisi sunt, partim cum ad rbedam pugnari viderent, et domino suceurrere prohiberentur, Milonemque occisum etiam ex ipso Clouio audirent, et revera putarent ; fecerunt id scrvi Miloni5v (dicam enim non derivandi criminis causa, scd ut factum est) neque imperante, neque sciente, neque pnesente domino, quod suos quisque servos in tali re .fa-cere voluifset. (26) Lanucium ad Flcmiinem prodcudum.~\ r Lanuvium was a municipal town in the Appian way, about twelve miles from Koine. The famous temple of Juno Sospila" was in it, to officiate i'n which a priest was yearly nominated by a magistrate called the dictator. (27) Calceis et 'vtstimenfa mutavit.'] The Roman senators were distinguished from all the other citizens by the ornaments of their ordinary dtck and habit, especially by their vest or tunic, and the fashion of their shoes ; of which the old writers make frequent mention. The peculiar ornament of their tunic was the latus clavus, as it was called, being a broad stripe of purple sewed upon the fore part of it, and running down the middle ot the breast, which was the proper distinction between them and the knights, who ware a much narrower stripe of the same colour, and in the same manner- The fashion also of their shoes was peculiar, and different from that of the rest of the city. This difference appeared in the colour, shape, and ornament of the stioes. The colour of them was black? the form somewhat like to a short boot, reaching up to the middle of the leg, as they aresomelimes seen in ancient statues and bafs-reliefs ; and the proper ornament of them was, the figure of an halj-moor. sewed or fastened upon the fore-part of them near the ancles ; designed, according to some writers, tt> expiefs the letter C, the numeral marjc of au hundred, which was the original number of the; senate when it was first instituted by Romulus* CltEHo'l O&AtlO Milo was obliged, by the eighteenth erf .Jam,. vium, where he was dictator, in order m noniiu duty which the laws rendered ncceisurj bo be p year; he went suddenly from lloinoithe daj bcl as appears by the event, to way-lay Milo, in and this at a time whdn lie was obli atsomhly, whicli he had waranioned t ; i.it very d presence was oecefsary to carry on his mad he never would have done, if he had no1 the advantage of that particular time and pii his villany. But MUo, alter ha\ i in the - till the house was broke up, went home, ehan clothes, waited a while, as usual, till h:> wif attend him, and then set; forward about the timi if he had proposed to come hack to Rome tin returned. Clodius meets him, equipped lor an on horseback, without either chariot or b:i Grecian servants; and, what was more extraordinary, without his wife: while this Iver-in-wait, who had contrived tin on purpose for an afsalsi nation, was in a chariot with his wife, muffled up in his cloak, encumbered with a crowd of sen and with a feeble and timid train of women and b >vs. lie meets Clodius near his own estate a little before sun-set, and is immediately attacked by a body of men, who throw their i at him from an eminence, and kill his coachman- Upon which he threw off his cloak, leaped from bis chariot, and defei himself with great bravery. In the mean time Clodius 1 tendants drawing their swords, some of them ran back to the chariot, in order to attack Milo in the rear, whi! il thinking that hewas already killed, fell upon Ins servants who were behind : these,, being resolute and faithfnl to their in vere, some of them, slain; Avhilst the rest, seeing a warm gagement near the chariot, being prevented from their master's afsistance, hearing besides from Clodiud that Milo was killed, and believing it to be a fact, acted this occasion (I mention it not with a view to elude til tion, but because it was the true state of the ease) withou orders, without the knowledge, without the presence master, as every man would wish his own servants shod in the like circumstances. (28) Nullis Gratis comihhusA It was customary tor the richei Romans to entertain in their Jkmiscs scholars and pli Greece, who generally accompanied them when th tg amuse or instruct them. ('iy) Sine uxore.] Clodius had for his wife 01 wards married to Antony. She was a perfect fui 1 ; *uch, 'tis said, w implacable hatred lo Cicero, that, after his deal rage upon his- head, spit upon it,andtbrust a I 456 M. T. CICEHONIS OHATIONE5, XL Hsec, sicut exposuij itagesta sunt, judices : insidiafeor stf- peratus, vi victa vis* vei potius opprefsa virtute audacia est*. Nihil dico, quid respublica conseeuta sit, nihil quid vos, nihil' quid omnes boni: nihil sane id prosit Miloni, qui hoc fato natus est, ut ne se quidem servare potuerit, quin una rempublicairij vosque servaret ; si id jure non pofset, nihil habeo quod de- fendam ; sin hoc et ratio doctis, et necefsitas barbaris^ et mos gentibus, et feris natura ipsa praescripsit, ut omnem semper vim, quacunque ope pofsent, a corpore, a capite, a vita sua propulsarent; non potestis hoc facinus improbum judicare, quin simul judicetis, omnibus qui in latrones inciderint, aut illc~ rum telis, aut vestris sententiis efse pereundum. Quod si ita putafset; certe optabilius Miloni' fait dare jugulam- P. Clodio^ non semel ab illo, neque turn primum petitum ; quam jugulari a vobis, quia se ill i non jugulandum tradidifset ; sin hoc nemo vestrum ita sentit: illud jam in judicium venit, non, occisusne sit, quod fatemur : sed jure, an injuria: quod multis antea in causis jam quaesitum est. Insidias factaseise constat: et id est quod senatus contra rempublicam factum judicavit: ab utro factse sint, incertum est ; de hoc igitur latum est ut quaereretur. Ita et senatus rem, non hominem notavit, et Pompeius de jure 3 non de facto, qu&stionem tulit. XII. Nunquid igitur aliud in judicium venit, nis^ uterutri in- sidias facerit ? profecto nihil ; si hie illi ; ut ne sit impune : si ille huic ; turn nos scelere solvamur. Quonam igitur pacto probari potest, insidias Miloni fecifse Clodium? satis est qui- dem in ilia tarn audaci, tarn nefaria bellua docere, magnam ei causam, magnam spem in Milonis morte propositam, magnas utilitates fuifse. ( 30 ) Itaque illud Cafsianum, CUI BONO EUERIT? in his personis valeat ; etsi boni nullo emolumenta impelluntur in fraudem, improbi sespe parvo. Atque, Milone interfecto, Clodius hoc afsequebatur, non modo ut praetor efsetnon eo consule, quo sceleris nihil iacere pofset: sed itiam ut his consulibus praeter efset, quibus si non adjuvantibus, (30) Hague illud Cafsianwm.~] We are told by Asconius, that Cafsius was a man of great severely; and that when he was examiner in any case of murder, he always exhorted, .nay commanded the judges to inquire what; prospect of advantage could arise to the murderer from the fact. Valerius JMaximus, B. 3. chap. 7. says, that his tribunal, on account of his exceftive severity, was called the, rock of criminals. Sect. XL This, my lord of fact: the person who lay in wail wai hiinsclfc force subdued by force, or r.uiier audaciousnc valour. I say nothing of the advantaei state in general, tu yourselves in particular , and tQ I am content to wave the argument J might draw favour of my client, whose destinj could not secure his own safety, without at that of the republic at the same time. If lie c lawfully^ there is no room for attempting his dofi reason teaches the learned, necefsity the barbarian, custom all nations in general, and even nature itself m- brutes to defend their bodies, limbs, and lives wheq ait.:. by all pol'sible methods, you cannot pronounce this i initial, without determining at the same tune, that whoever fails into the hands of a highwayman, must of necefsity perish either by his sword or your decisions. Had Milo been of this opi he would certainly have chosen to have fallen by the hand of Clodius, who had more than once before this made an attempt upon his life, rather than be executed by your order, b« he had not tamely yielded himself a victim to his rage. But if pone of you are of this opinion, the proper question is, not whether Clodius was killed? for that we grant: but whether justly or unjustly? an inquiry, of which many precedents are fro be found. That a plot was laid, is very evident; and this is what the senate decreed to be injurious to the state: but by which of them laid, is uncertain. This then is the point which the law directs us to inquire into. Thus, what the senate de- creed, related to the action, not the man ; and Pompey eua not upon the matter of fact, but pf law. * Sect. XII. Is nothing else therefore to be determined but this single question, which 1 of them way-laid the other? Nothing, certainly. If it appear that Milo was the agmrelsor, favour; but if Clod'tus, you will then acquit us of the that has been laid to our charge. What method then can we take to prove that Clodius lay in wait for Milo ? it is considering what an audacious abandoned w retch be \\ show that lie lay under a strong temptation to it, that he I ed great hopes, and proposed to hi. sat adyanta Milo's death. Let that question of Cafsius f tcrcst was it ? be applied to the present case. For I sideration can prevail upon a good man to be guilt\ i action, yet to a bad man the least prospect oi a Ivan i often be sufficient. Bv Mile's death, v his point of being praetor, without that yersary's power as consul would have laid U] signs, but likewise that of being prcctor under th< 458 M. T. GICERONIS ORATIONES, at connivcntibus certe spcrafsetse poise rempublicam eludere in pllis suis cogitatis furoribus; cujus ilii conatus, ut ipse ratiocina« biitur, nee .si pofsent, reprimere cuperent, cuin tantum beneficium ei se debere arbitrarentur ; et, sj vellent, tbrtd-fse vix pofsent frangere hominis sceieratifsinii corroboratam jam vetustate auda- ciam. An vero, judices, vos soli ignoratis? vos hospites in hac nrbe versammi ? yestrse peregrinantur aures, neque in hoc perva- gato eivitatis sermone versantur, quas ihe leges (si ieges nomi- nandee sunt, ac non fasces urois et pestes reipublica?) t'uerit im- pdskuris nobis omnibus, atque inusturus? Exbibe, quscso, Sexte Clodi, exbibe iibrarium iliud legum vestrarum, quod te aiunt eripuifse e domo, el ex mediisarmis turbaque nocturna, (-') tan^ quam Palladium, sustulnse, ut praecLrum viuelieet munus ac instrumentum tribunutiis ad aliquem, si nactus eises, qui tuo aiv bitrio tribunatum gereret, deterre poises. pj; aspexit me qu'u~ dem ill is oculis, qtubus turn solebat, cum omnibus omnia mina? batur ; -( sz ) movet me quippe lumen curiae. XIII. Quid? tu me iratum, Sexte, putas tibi, cujus tu inimi- cifsiniiini multo crudehus etiam punitut> es, quam erat humani- talis nieffl postuiare ? Tu P. Clodii cruentum cadaver ejecisti domo: tu in publicum an, ecisti: tu ( 33 ) spoliatum imaginibus, exscquiis, pompa, laudatione, infeiicifsimis lignis semiustula- tiun, nocturnis canibus dilaniandum reliquisti; quam rem etsi iiecefsanp tecisti, tamen, quoniam in meo inimico crudelitatem ;expromsisfei tuam, laudare non pofsum, irasci certe non debeo. f V, Clodii praeturam non sine max i mo rerum no varum metu proponi, et solutam fore videbatis, nisi eiset is consul, qui cam auderet pofsetque constringere. Eum Milonem efse cum sentiret universus populus Romanus, quis dubitaret suffragio suo, se metu, per iculo rempublicam libevare? At nunc, P. Clodio remoto, usitatis jam rebus enitendum est; Miloni ut tueatur dignitatem suam ; singularis ilia huic uni concefsa gloria, quae quotidie augebatur frangendis furoribus Clodianis, jam morte Clodii ceciOit; vos aitepti estis, ne quern civem metueretis: hie (31) 7 an quam Palladium.'] The Palladium was a wooden image of Pallas. The 'I rojans fancied that it fell from heaven into an uncovered temple, and ";vere told by the oracle, that Troy could not be tajcen whilst that image remained there. Whicji being understood by Diomedes and Ulyfses, they ])T vately stole into the temple, surprised and slew tfie keepers, andean ried the image away : it was brought to Rome, by whom is uncertain, placed in the temple of Vesta, and rescued from the flames of that edifice by Mctellus the high-priest. ^2) Movet me quippe lumen curia;.'] Jocus in ambiguo, says- Abramius ; innuit e'nim curiat incendium cum Sextum Clodium clarifsimum senator rem vocare yideatur. (33) Spoliatum imaginibus.] We are told by Pliny, that the halls of the great men amongst the Romans, were adorned with the images of their de- ceased friends, done in wax; and that when any of the family was to l?e buried, these images were to be carried along with the corpse/ ClCERo's ORATIONS. whose connivances at least, if not afsistamv, be hoped he should be able to betray the state into the mad schemes he had b forming; persuading himself, that as they thought tin under so great an obligation to him, they woulu fa icli- Jiation to oppose any of his attempts, even if they should have it in their power; and that it' they were inclined to do it, t 1 would perhaps be scarce able to controul the most profligate all men, who had been confirmed and hardened in lusaudacio nefs by a long series of villanies. Are you then, inv loi alone ignorant? are yon strangers in this cit} i lias the report, which so generally obtains in the town, of those laws (if ti are to be called laws, and not rather the scourges of the city, and the plagues of the republic') which he intended to have im- posed and fixed as a brand of infamy upon us all, never reached your ears ? Show us, I beg of you, Septus Clodius, show that register of your laws; which, they say, you rescued out ,of his house, and carried off like another Palladium, in the midst of an armed force, and a midnight mob ; that you might have an honourable legacy, and ample instructions for some fu- ture tribune, who should hold his office under your direction, if such a tribune you could find. Now he casts a look at me, like that he used to afsume when he threatened universal ruin. I am indeed struck with that light of the senate. Sect. XIII. What, Sextus, do you imagine I am angry with you, who have treated ruy greatest enemy with more severity .than the humanity of my temper could have allowed me to have required? You threw the bloody body of P. Clodius out of his house, you exposed it to public view in the streets, you left it by night a prey to the dogs, half consumed with unhallowed wood, stript of its images, and deprived of the usual enco- miums and funeral pomp. This, though it is true you did out of mere necefsity, 1 cannot commend ; yet as my enemy was the object of your cruelty ? I ought not certainly to be angry with you. You caw there was the greatest reason to dread a revo- lution in the state from the pra;torship of Clodius, unlefs the man, who hath both courage and power to controul him, were chosen consul. When all the Roman people were convinced that Milo was the man, w r hat citizen could have hesitated a mo- ment about giving him his vote, when by that vote, he at once relieved his own fears, and delivered the republic from the ut- most danger? But now Clodius is taken off, it requires extra- ordinary efforts in Milo to support his dignity. That singular honour by which he was distinguished, and which daily increased by his reprefsing the outrages of the Clodian faction, vanished with the death of Clodius. You have gained this advant that there is now no citizen you have to fear ; while Mjlo Gg2 460 M. T. CICERONIS ORATIQNES. exercitationem virtutts, suffragatioftem consulates fonlem percn- ncin gloHse sua? perdidit. Itaque Milonis coiisulatus, qui vivo Clodio labefactari non poterat, 'murtuo denique ten tar i coeptus est. Non modq igitur nihil prodest, sed obest etiam P. Ciodii mors jNIiloni. At valijit odium: fecit iratus, fecit iniipicus, fe- cit ultor injuria?, punitor doloris sui '; quid, hac, non dico ma~ iqra fuerunt in Clodio quara in Milone,' sed in illo maxima, nulla in hpc? quid vultis amplius ? quid enim odiisct Clodium Milo, segetem a<: materiem suod gloria^ prater hoc civile odium, quo omncs imps'obos odiums ? ille crat ut qdifset',' primum defen- sorem saiutis mece ; deinde vexatorem furpris, domitorem ar- inorum suorum ; postremo etiam accusatorem suum ; reus enim Milonis {**) lege Flotia fuit Clodius, quoad vixit ; quo tandem amnio hoc tvrannum tulifse creditis ? quantum odium illius? et in hoinine injusto, quain etiam justuin efse? XIV. Reliquum est, ut jam ijlum natura ipsius consuetudoque defendat; nunc autem hsec eadem coarguant; nihil per vimun- quam Clodius: omnia ver vim Milo. Quid ergo, judices ? cum moerentibus vobis urbg cefsi, judicium-ne timui ? [ iS ) non servos, nonarma, non vim? quaefuifset igitur causa restituendi mei, nisi fuifset injusta ejiciendi? Diem mihi, credo, dixerat, muitam ir-» rogarat, actionem perduellionis intenderat; et mihi videlicet in causa aut mala, autmea^ non et praeclarifsima et vestra, judiciun} timendum fuit; servoruin, et egentium civium et facinorosorum artnis meos cives, nieis cdnsiliis periculisque serva|;os, pro me ob- lici noliii. Vidi enim, yidi hunp'ipsum, ( i6 ) Q. Hortensium, (34) Lege Ploijd.~\ This law was enacted by P. Plautius, tribuhe of the people, afmo 675, against those that attempted any force against the state or senate, or used any violence to the magistrates, or appeared armed in public upon any ill design, or forcibly expelled any person from his law- ful pofsefsion. The punishment afsigned to the convicted was aquce et ig- nis ihterdfyctw. ' (35)' Nan servos, von ami a, non yim.~\ When Cicero found himself re- duced to the condition of a criminal, by one of Clodius's Jaws, In- changed his habit upon it, as was usual in the case of a public impeachment, and appeared about the streets in a sordid or mourning gown, to excite the companion of his fellow-citizens ; whilst Clodius, at the head of his mob, contrived to meet and insult him at every turn, reproaching him for his cowardice and dejection, and throwing dirt and stones at him. (36) (~l Hor(ensium, lumen et oruavwjitum reipublicce.~\ This Hortensius wis a very celebrated orator ; he reigned absolute in 'the Roman forum, v.hen Cicero first entered it; and as bis superior fame was the chief spur to CiceroVindustry, so the shining specimen which Cicero soon gave of himself, made Hortensius likewise the brighter for it, by obliging him to exert ail (he force of his genius to maintain his ground against iiis young rival. They pafsed a great part of their lives in a kind of equal contest and emulation of each other's merit; hut Hortensius, by the superiorit v of his years, having first pal-;ed through the usual gradation of public "ho- nours, and satisfied his' ambition by obtaining the highest, began to relax Somewhat of his old contention, and give way to the charms of ease and luxury, to which his nature strongly inclined him, till he was forced at last, b> the general voice of the city to yield the post of honour to Cicero. Hq CICERO - -jUs. 4GI bad lost a fine field for displaying his valour, Un- supported his election, a rpctual a fcorajngly, Mile's election to th6 i te, which Jiave been hurt while Clodius was In ii death id be disputed; Milo, therefon any benefit from ClodiuVs death; that he is really it. But, .it maybe said that hatred prevaile I. resentment urged him on, that he ave redrefsed his own grievances. Now ij be applied n ly .with greater propi to Milo, but with the utmost propriety to the one, and least to the other; what more can you desire? For why Milo bear any other hatred to Clodius, who furnished him v Such a rich harvest of glorjr, but that whichevery patri bear to all bad men ? As to Clodius lie had mo bearing ill-will to Mile >: first, as my protector an then, as the opposer of his mad schemes, and the controulei his armed force; and lastly, as his accuser. For while he liv< he was liable to be convicted by Milo upon the Plot law. With what patience, do you imagifle, such an imperious spirit could bear this? How high must his resentment have ri and with what justice too, in so great an enemy to just i< Sect; XiV\ It remains now to consider what ai natural temper and behaviour will furnish out in defence of I one, and for the conviction of the other. Clodius never in use of any violence, Milo never carried any point without What then, my lords, when I retire 1 from this < you in tears for my departure, did I fear standing a trial? a riot rather the insults of Cloditfs's slaves, the force of arms, and Open violence? What reason could there be foi restoring n;e, if lie was not guilty of injustice in banishing me? He had moned me, I know he had to appear upon my trial ; ha I set a line upon me, had brought an action of trCas against me, and I had reason to fear the event of a trial, in Cause that Was neither glorious for you, nor very honourat) for myself. No, my lords, this was not the case; I was un- willing to expose my countrymen, whom I ha counsels',and at the hazard of mv life, to the swords oi gent citizens, and a crew of ruffians. For I saw, yes I myself I held this very Q, Hortensius, the light and ornament of the repu published several orations, which were extant long after Ins death ; Were much to be wished that they had remained to this day, I |» form a judgment qf the different talents oi these they are said to have owed a great part of their credit to the ad van ( his action, which yet was thought to have nunc of art than was ttf an orator, so that his compositions were not admired c istam Ap- piam viam, niomimentum sui nominis, nece Papirii cruentavit : hcee, h&x; caclem longo intervallo eonversa rursus est in me: ( 37 ) nuper quidem, ut scitis, me ad regiam pene confecit. Quid simile Malonis? eujus. vis omnis hsec. semper fuit, ne P. Clodius, cum in judicium detrahi non poiset, vi opprefsam ci~ vitatcm teneret ; quern si in-terricere voluiiset, quanta?, quoties occasiones, quam prasclarse fuerunt ? potuit-ne cum .domum ac deos penates suos, illo oppugnante,* defenderet, jure se ulcisi? potuit-ne cive egregio et viro fortifsimo P. Sextio, collega suo, vulnerato ? potuit-ne Q, Fabricio, viro Optimo, -cum de reditu meo legem ferret, pulso, crudeliisirna in foro ca?de facta ? por- tuit-ne L, Caciiii, justifsimi, fortifsimique praetoris, oppugnata domo ? potuit-ne illo die, eum est lata lex de me ? cum totius Italia? concursus^ quem mea salus concitarat, facti illius gloriam libens agnovifset * ut, etiam si id Milo fecifset, cuncta civitas earn laudem pro sua vindicaret ? XV. Atqui erat id temporis elarifsimus et fortifsimus con- suli inimicus Clodio, P. Lentulus, ultor sceleris illius, pro- pugnator senat&s, defensor vestra? voluntatis, patronus il- lius publici consensus, restitutor salutis mea? : septem prse- tores, octo tribuni plebis, illius adversarii, defensores mei: Cn. Pompeius auctor et dux mei reditus, illius hostis: cu- ius sententiam senatus omnis de salute. mea gravifsimam et ornatifsimam secutus est: qui populum Romanum eohorta- tus est: qui, (38) cum de me decretum Capua? fecifset ipse cuncta? Italia? cupientiet ejus fidem imploranti signum dedit, ut ever, by the ancients, and by Cicero himself, to have pofsefsed every ac- complishment which could adorn an orator; elegance of style ;-aYt of com- position ; fertility of invention ; sweetnefs of elocution ; gracefulnefs of ac- tion. The prodigious strength of his memory is particularly celebrated; a remarkable instance of it is recorded by the elder Seneca. He under- took, it seems, as a proof of its force, to attend a whole day, at a public auction, and give an exact account of every thing that was- put up to sale, of the price at which it was sold, and of thename of every particular pur- chaser : and this he accordingly executed, without failing in. a single ar- ticle. Notwithstanding the rivalship between our orator and him, there was a mutual friendship between them. This harmony, so unusual with those who contend together for the same prize, was~greatly owing to the good offices of Atticus; who seems indeed, upon all occasions, to have employed the remarkable influence he had with all parties, in reconciling differences, and cementing friendships. (37) Nufer quidem ; , ut scitis y me ad regiam pene confecit.'] It is not easy to determine on what occasion it was that Clodins made this attack upoa Cicero. Asconius imagines that it was under the consulship of Domitius and Mefsala, when the parties of Ilypsaeus and Milo fought in the sacred way, and several were killed on the side of Milo. CICE R0\s ORATIONS. lie* almost murdered by the hands of slaves, while he wail me ; and it was in the same tumult, that C. Vibieo of great worth, who was in his company, was hand that it cost him his life. When, therefore, has thai which Clodius received from Catiline, rested in has been aimed at me; but I would not sutler you yourselves to its rage on my account; with it lie laid m for Pompey, and stained the Appian way, that uionumi the Clod ian tarn ily> with the blood of Papinus. The Very same weapon was, after a long distance of tiuu I against me; and you know how narrowly I escaped bein stroyed by it lately at the palace. What now of this Liu be laid to Milo's charge ? whose force has only been employed to save the state from the violence of Clodius, when lie could not be brought to a trial. Had he been inclined to kill him, how often had he the fairest opportunities of doing ;t : Ql he not legally have revenged himself upon him, when he w ; fending his house and household gods against his afsault ) M he not, when that excellent citizen and brave man, P. Sextius, his colleague, was wounded ? might he not, when Q. Fabricius, that worthy man, was abused, and a most barbarous slaughter made in the forum, upon his proposing the law for my restora- tion ? might he not, when the house of L. Ca?cilius, that upright and brave prsetor, was attacked ? might he not, on that cfcty when thelawpafsed in relation to me, — when a vast concourse of people from all parts of Ital» animated with a concern for my safety, would, with joyful voice, have celebrated the glory of the action, and the whole city have claimed the honour of what was performed by Milo alone ? Sect. XV\ At that time P. Lentulus, a man of distinguished worth and bravery Was consul j the profefsed enemy of Clo- dius, the avenger of his crimes, the guardian of the k the defender of your decrees, the support of that public union, and the restorer of my safety : there were seven praetors and eight triburies of the people in my interest, in opposition to him. Pompey, the first mover and patron of my return, was his enemy , whose important and illustrious decree for my re- storation was seconded by the whole senate ; who encou the Roman people, and when he pafsed a decree in my fi at Capua, gaVe the signal to all Italy, solicitous for Q ($%) Cum de me decretum Capita fecifset.~\Vom\K\ presided in p the inhabitants of Capua, where he had planted a colon;. to Cicero's honour; he took the trouble likewise of visiting all th« colonies and chief towns in these parts, to appoint them a da; rendezvous at Rome, to ai'sist at the promulgation of the law for C return. M. T. CICERONIS ORATIONES. ad me restituendumRomam cohcurrerent ; omnia turn detiique in ilium odia civiuin ardebant desiderio mei : quern qui turn in- tercmifset, non de impuriitate ejus, sed de praemirs cogitaretur. Tamen seMlo eoutmuit, et P. Clodium ad judicium bis, ad vim nunquam vocavit.. Quid? privato Milone, et reo ad popu- lumy accusante P. Clodio, cum in Cn. Pompeium pro Mil one dieentem impetus factus est; qua? turn non modo occasio, sed etiam causa illius opprimendi foit ? Nuper vero ( 3? ) cumM. An- tonius suimnam spem salutis bonis- omnibus attulifset, graviisi- mamque adolescens nobilifsimus reipub. partem fortiisime sus- cepilset, atque iilam belluam, judicii laqueos declinantem, jam irretitam teneret: qui locus, quod tempus ill ad, dii immortalesy fuit? cum se ille fugien's in scaiarum tenebras abdidifset, mag- num Miloni .fait conficere illam pestem nuUa sua invidia, An- tonii vero maxima gloria? Quid? eornitife in campo quoties potestas fuit ? cum ille vi in- septa irruifset, gladios distringendos, lapides jaciendos cutafset, deinde subito, vultu Milonis perter- ritus, fugeret ad Tiberim, vos et omnes boni vota faceretis, ut Miloni uti virtute sua li beret ? ' * XVI. Quern igitur cum omnium gratia noluit \ Irunc voluii cum aliquorum querela? quern jure, quern loco, quern -tem- pore, quern impune noil est ausus ; hunc injuria, iniquo loco, alieno tempore, periculo capitis non dubitavit occidere pras- sertim,' judices, cum honoris araplifsimi eontentio, et dies comi- tiorum subefset \ quo quidem tempore (+°) (scio enim quam ti- niida sit ambitio, quantaque et quam solicita cupiditis consula- tCis) omnia, non modo quse reprehendi palam, sed etiam quae obscure cogitari pofsunt timemus : rumorem, fabu- }am fictam, falsam perhorrescimus : ora omnium atque ocu- los intuemur; nihil enim est tarn molle, tarn tenerum, tarn aut fragile, aut flexibiJe, quam Voluntas erga nOs sensusque eivium : (3D) Cum. M. Antonius summam spem mlutis louiz mnnibus attulifset.'] It is difficult to say what part of Antony's conduct Cicero here refers to. Some commentators imagine, nor is it improbable, that he employed forcible measures in opposition to Clodius, when he was forming a new tribe of the scum of the citizens, and that Cicero refers to this. (40) Scio enim quam timida sii ambitio, quantaque et quam solicita cupi- diiaa consulatus.'] Cicero, in this pafsage, gives a strong and lively repre- sentation of the anxiety that attends a life of ambition in general ; but what he says is peculiarly applicable to those who aspired to any public dignity in Rome. For as the people of Home had much 10 give, so they expected to be much courted ; and, accordingly, the candidates for public offices were obliged to employ various arts to* recommend themselves to their favour, and to be extremely careful not to give the least shadow of offence. • and imploring his afsistance In m\ bebali to Rome to have my sentei>« were then so inflamed with i to me, that had he been killed at that junctui have thought so much ofacquftl by whose hand he fell. And yel Milo ! per, that though he prosecuted him ture, he never had recourse to Wo But what do I say r while Milo was .1 pri accused by Clodius before the people, h b< in the midst of a speech he was making in Milo :i fair opportunity, and I will even add, sufficient 1 there for despatching him ? Again^ wh on a late occasion, raised in the- minds of all good men lively hopes of seeing the state in a happier conditi* that noble youth had bravely undertaken tin- country in a most dangerous quarter, and had actuall that wild beast in the toils of justice, which he endeavoured t<> avoid; immortal gods ! how favourable was the time and for destroying him ? When Clodius concealed himself h a dark stair-case, how easily could Milo 1; plague of his" country, and thus have heightened the glory of Antony, -without incurring the hatred of any ; b< in his power, while the comitia were held in the field! of Man ; When Clodius had forced his way within the inclosure, and his party begun, by his direction, to draw their swords, and throw stones; and then on a sudden, being struck with terror at the sight of Milo, fled to the Tiber ; how earnestly did yon, and every good man, wish that Milo had then displayed his valour ? Sect. XVI. Can you imagine then that Milo woul to incur the ill-will of any, by an action which he when it would have gained him the applause of all ? V. make no scruple*of killing him, at the hazard of his own life, with- out any provocation, at the most improper tin whom he did not venture to attack when he had side, had so convenient an opportunity, and W< no risque ? especially, my lords, when preme office in the state, and the day of his hand; at which critical season (for I know b how timorous ambition is, and what a solicitou about the consulate) we dread not only the openly be; brought against us, but even the mo pers and hidden surmises ; when we trembl every false, forged, and frivolous story ; wli features, and watch the looks of every one we meet. thing is so changeable, so ticklish, so frail, and the inclinations and sentiments of our fellow 466 M. T, CICERONIS ORATIONES. qui non modo improbitati irascuntur candidatorum, sed etiam irt recto ractis ssepe rastidiunt. Hunc diem igitur campi speratura atque cxoptatum sibi proponens Milo, cruentis manibus sceluset facinus prae se ferens et contitens, ad ilia augusta centuriarum auspicia veniebat? quam hoc non credibjle in hoc? quam idem in Clodio non dubitandum quiu se ilie, interfecto Milone, reg^ naturum putaret ? Quid ? quod caput audacise est, judices j quis ignorat, maximam illeccbram efse peccandi impuuitatis spem? in utro igitur haec fuit? in Milone, qui etiam nunc reus est facti aut praeclari, aut certe necefsarii? an in Clodio, qui ita judicia pcenamquc contempserat, ( +r ) ut eura nihil delectaret, quod aut per naturam fas efset, aut per leges liceret ? Sed quid ego argu- mentor? quid plura disputo ? te, Q. Petili, appello, optimum et fortifsimum civem; te, M. Cato, testor : quos mihi divina quae- dam sors dedit, judices; vos ex M. Favonio audistis, Clodium sibi dixifse, et audistis, vivo Clodio, periturumMilonem triduo; post diem tertium gesta res est, quam dixerat ; cum die non dubitaret aperire, quid cogitaret : vos potestis dubitare, quid iecerit ? XVIL Quemadmodum igitur eum dies non fefellit ? dixi equidem modo. Dictatoris Lanuvini stata sacrificia nofse, ne^ gotii nihil erat; vidit necefse efse Miloni proficisci Lanuvmm illo ipso, quo profectus est, die : itaque antevertit ; at qua die ? quo, ut ante dixi, fuit insanifsima concio ab ipsius mer- cenario tribuno plebis concitata: quern diem ille^cmam concio- n em, quos clamores, nisi ad cogitatum facinus approperaret, Dunquam reliquifset. Ergo illi ne causa quidem itmeris, etiam causa manendi : Miloni manendi nulla iacultas, exeundi non causa solum, sed etiam necefsitas fuit. Quid, si, ut ille scivit Milonem fore eo die in via, sic Clodium Milo ne suspicari quidem potuit? Primum qusero, qui scire potuerit ? quod vos idem in: Clodio quaerere non potestis ; ut enim neminem alium, (**) nisi T. Patinam, familiariisimum suum, rogaiset, scire potuit, illo ipso die Lanuvii a dictatore Milone prodi flaminem necefse efse; (41) Ut eum nihil delectaret, quod aut per naturam fas efset, aut per leges liceret.'] What a dreadful picture bur orator here draws of Clodius ! And indeed if his character and conduct be duly considered, there will be no reason for thinking it drawn beyond the life. He was certainly one of the most pestilent demagogues that ever disgraced the annals, of any state; an open contemner of gods and men: valuing nothing but in proportion as it was desperate, and above the reach of others; in a word, a most profli- gate libertine, and audacious villain. (42) Nisi T. Patinam, Jamiliarifsimum suu?n.~\ Titus Patinas resided in Lanuvium, and was an intimate acquaintance ofClodius, cicero's orations. 4C7 occasions; they are not only displeased with the dishonourable conduct of a candidate, but are often disgusted with his worthy actions. Shall Milo then be supposed, on tin of election, a day which he had long wished for, and impa- tiently expected, to present himself before that av inblv of the centuries, having his hands stained with blood, publicly acknowledging and proclaiming his guilt ? Who< an I of the man? yet who can doubt but that Clodius in* should reign without controul, were Milo murdered - \\ hai shall we say, my lords, to that which is the source of all auda- ciousnefs ? Does not every one know that the hope of imp is the grand temptation to the commifsion of criuu which of these two were the most exposed to this ? Milo, who is now upon his trial for an action which must be deemed at least necefsary, if not glorious? or Clodius, who had so thoi < a contempt for the authority of the magistrate, and for penalties, that he took delight in nothing that was either agreeable to nature, or consistent with law? But why should I labour this point so much ? why dispute any longer ? I appeal to you, Q, Petilius, who are a most worthy and excellent citizen ; I call you, Marcus Cato, to witnefs ; both of you placed on that tribunal by a kind of supernatural direction. You were told by M. 1 nius, that Clodius declared to him, and you were told it in Clodius 7 s life time, that Milo should not live three days Ion In three days time, he attempted what he had threatened : if he then made no scruple of publishing his design, can you entertain any doubt of it when it was actually carried into execution ? Sect. XVII. But how could Clodius be certain as to the dav ; This I have already accounted for. There was no difficulty -in knowing when the dictator of Lanuvium was to perform his stated sacrifices.. He saw that Milo was obliged to set out tor Lanuvium on that very day. Accordingly he was before-hand with him. But on what day ? that day on which, as I mentioned before, a mad afsembly was held by his mercenary tribune: which day, which afsembly, which tumult he would never have left, if he had not been eager to execute his meditated villanv. So that he had net the least pretence for undertaking the jour- ney, but a strong reason for staying at home ; while Mil the contrary, could not pofsibly stay, and had not only a sutii- cient reason for leaving the city, but was under an absolute necelsity of doing it. Now, what if it appear, that, as Clodius certainly knew Milo would be on the road that day, Milo could not so much as suspect the same of Clodius ? First, then, which way he could come at the knowledge of it ? a qu which you cannot put with respect to Clodius: for, I applied to no body else, T. Patinas, his intimat 46$ M. T. CICfcRONIS ORATION'S. sed erant permulti alii, ex quibus idfacillimi scire pofset, omne's scilicet Lanuvini. ]Milo de Clodii reditu uncle quoesivit h quse- sierit sane. Videtc, quid vobis largiar ; servimi etiam, ut Arrius, mens amicus, dixit, corruperit; Legite testimonia testium ves- trornm ; dixit C. Cafsinius, cognomento Scola, Interamnas, familiarifsimus et idem comes P. Clodii (cujus jampridem testi- monio Clodius eadem bora (4 3 ) Interamnaj fuerat et Rornae) P. Ciodium illo die in Albano mansurum fuifse ; sed subito ei else nuntiatumj ( 44 ) Cyrum arcbitectum else mortuum: itaque Roman* repente censtituifse proficisci ; dixit hoc comes item P. Clodii, C. Clodius; XVIII. Vidcte, judices, qvJ'antae res bis testimontis sint con- fectae. Primum certe liberatur Milo, non eo consilio profectus eise, ut insidiaretur in via Clodio: quippe qui ei obvius futurus omnino non erat; deinde (non enim video, cur non meum quoque agam negotium) seitis, j&dicesj fuifse, qui in hac roga- tione suadenda dicerent Miionis manu caedem else factum, Con- silio vero major/is alicujus. Videlicet me latronem ac sicanuui abjecti homines et perditi deseribebant. Jaeent suis testibus ii, qui Ciodium negant eo die Romam, nisi de Cyro auditum efsety rediturum fuifse. Respiravi : liberatus sum : non vefeor, ne, quod ne suspicari quidem potuerim, videar id cogitafse. Nunc persequar caetera; nam occurrit illud : igitur-ne Clodius quidem de insidiis cogitavit, quoniam fuk in Albano niansurus, si qui- dem exiturus ad caedem e villa non fuifset^ video enim ilium, qui dicitur de Cyri morte nuntiafse, non id nuntialse, sed Milonem appropinquare ; nam quid de Cyro nuntiaret, quenr Clodius Roma proficiscens reliquerat xnorientem ? una fui : testa- men turn simulobsignavi cum Clodio: testamentum autem palam fecerat, et ilium heeredem et me scripserat ; quern pridie hora tertia animam efflantem reliquifset, eum mortuum postridie hora" decima denique ei nuntiabatur? (43) In teramncB fuerat ] Interamna was a city of Umbria; and was so called, because it was situated between two rivers. The moderns call it Term. (44) Cyrum architeclum efse mortuum. ~\ Cicero makes mention of this" Cyrus in his letters to Atticus, and to his brother Quintus > but we have' no account of him in history. fraye informed him, that Milu, i was obliged to create a priest there on that i there were many other persons, all the inli.il> indeed, from whom he might havi of intelligence. But of whom did Mifu iiiqain return? J shall allow, however, that he did In shall grant farther, with my friend Arrius, so libci concessions, that he corrupted a slave. Head the is before you: C. Cal'sinius of Interamna 'surnau intimate friend and companion of P. Clodius, who nv former occasion that Clodius was at Interamna and at the same hour, tells you that P. Clodius intended to ha that day at his seat near Alba ; but that hearing \ i pectedly of the death of Cyrus th. jt, he d< immediately to return to Rome. The same evident in by C. Clodius, another companion of P. CJodi Sect. XVIII. Observe, my lords, how much this makes for us. In the first place, it plainly appears, thai Milo did not undertake his journey with a design to way-lay Clodius, as he could not have the least prospect of meeting him. lu the next place, (for I see no reason why I should not likewise speak for myself,) you know, my lords, there were pe wiio, in their zeal for carrying on this prosecution, di scruple to say, that though the murder was committed b hand of Miio, the plot was laid by a more eminent person a word, those worthlefs and abandoned wretches repre me as a robber and an aisafsin. But this calumny is confuted by their own witnelses, Avho deny that Clodius wqujd turned to Rome that day, if he had not heard of the Cyrus. Thus I recover my spirits; I am acquitted, an under no apprehensions, lest I should seem to I what I could not so much as have suspected. Proci to their other objections: Clodius, say they, had no thought of wav-htying Milo, because lie was to have at Aibanum., and would never have gone from his counti \ to commit a murder. But 1 plainly perceive, t who is pretended to have informed him of Cyru informed him of Milo's approach. For why infoi death of Cyrus, whom tjodius, when lie went, expiring? I was with him, and sealed up his tt Clodius; for he had publicly made his will, I Clodius and me his heirs. Was a mefsenger sent him then by four o'clock the next day, to acquaint him with tin ^person whom, but the day before, about nine in be Had left breathing his last? 470 M. T. CICERONIS ORATIONES. XIX. Age, sit ita factum : quae causa, cur Romam propera- ret? cur in noctem se conjiceret? quid afferebat festinatio? quod litres erat? primuin erat nihil, cur properato opus efset: deinde, si quid efset, quid tandem erat, quod ea nocte consequi pofset; anutteret autem, si postridie mane Romam venifset? Atque ut illi nocturnus ad urbem adventus vitandus potius, quam expetendus fuit: sic Miioni, cum insidiator efset, si ilium ad urbem noctu accefsurum sciebat, subsistendum atque expectan- dum fuit. Noctu, invidioso et pleno latronum in loco occi- diiset; nemo ei neganti non credidifset, quern efse omnes sal- vum, etiam confitentem, volunt. Sustinuifset hoc crimen pri- mum ( 4s ) ipse ille latronum occultator, et receptator locus, dum neque muta solitudo indicafset, neque caeca nox ostendifset Milonem: deinde ibimultiab illo violati, spoliati, bonis expulsi, muJti etiam haec timentesin suspicionem caderent; totadenique rea citaretur Etruria. Atque die illo certe Aricia rediens de- vertit Clodius ad Albanum ; quod ut sciret ilium Milo Ariciae fuifse, suspicari tamen debuit, eum, etium si Romam illo die reverti vellet, ad villain suam, quaeviam tangeiret, deversurum; cur neque ante occurritj ne iii villa resident ; nee eo in loco subsedit, quo ille noctu venturus efset? Video adhuc constare omnia, judices: Miioni etiam utile fuifse, Clodium vivere; illi, ad ea quae concupierat, optatifsimum interitum Milonis fuifse : odium fuifse illius in hunc acerbifsimum, in ilium hujus nullum ; consuetudinem illius perpetuam in vi inferenda ; hujus tantum in repellenda : mortem ab illo denuntiatam Milbni, et praedica- tam palam; nihil unquam auditum ex Milone: profectionis hujus diem illi notum: reditum illius lruic ignotum fuifse: hujus iter necefsarium; illius etiam potius alien um ; hunc prae se tulifse se illo die Roma exiturum; ilium eo die se difsimu- lafse rediturum: hunc nullius rei niutafse consilium; ilium causam mutar.di consilii finxifse : hie, si insidiaretur, noctem prope urbem exspectandam ; illi, etiam si hunc non timeret^ tamen accefsum aci urbem nocturnam fuife metuendum. (45) Ipse ille latronum occultator ; et receptator locus J] In the Appian way- stood the tomb of one-Basilius; a place which had become famous for the many murders committed at it." CICERO'S ORATIONS. \7\ Sect. XIX. Allowing it, however, to there for hurrying back to Homo; for what did h night-time? what occasioned all this despatch ? \\ he was the heir? In the first place, tins required no lui in the next, if it had, what could be bai he must have lost, bad lie come to Home only I And as a journey to town in the night was rather to I than desired by Clodius, so if Milo had form< his enemy, and had known that be was to return to evening, he would have stopped and waited for him. He i have killed him by night in a suspicions place, infested with robbers. No body could have disbelieved him if he h the fact, since even after he iias eoniefsed it, every one i eerned for his safety. First of all, the place itself would been charged with it, being a haunt and retreat for ro while the silent solitude and shades of night must have con< Milo; and then, as such numbers had been afsaulted and plun- dered by Clodius, and so many others were apprehensive of -the like treatment, the suspicion must naturally have fallen upon them; and, in short, all Etruria might have been prosecuted. But it is certain that Clodius, in his return that da)' from Alicia, called at Albanum. Now, though Milo had known that Clodius had left. Aricia, yet he had reason to suspect that he would call at his seat, which lies upon the road, even though lie was that day to return to Rome. Why then did he not either meet him sooner, and prevent his reaching it, or post himself where he was sure Clodius was to pafs in the night-time ? Thus far, my lords, every circumstance concurs to prove that it was for Milo s interest Clodius should live; that, on the contrary, Milo's death was a most desirable event for answering the purposes of Clo- dius; that on the one side, there was a most implacable hatred, on the other, not the least; that the one had been continually employing himself in acts of violence, the other only in op- posing them; that the life of Milo was threatened, and his death publicly foretold by Clodius, whereas nothing of that kind was ever heard from Milo; that the day fixed for Milo's journev was well known to his adversary, while Milo knew nothing when Clodius was to return; that Milo's journey was nec< but that of Clodius rather the contrary ; that the one openly de- clared his intention of leaving Rome that day, while the other concealed his intention of returning ; that Milo made no alter- ation in his measures, but that Clodius feigned an excuse for altering his; that if Milo had designed to way-lay Clodius, he would have waited for him near the city till it was dark, but that Clodius, even if he had been under no apprehensions from Milo, ought to have been afraid of coming to town so late at flight. 472 M. T. CICERONIS ORATIONES. XX. VidfeamuS nunc id, quod caput est: locus ad insidias ilk* ipse, ubi congieisi sunt, utri tandem fuerit' aptior ? Id vero, ju r dices, etiam dubttandum, et diutius cogitanojum. est? ante fun*. cliun Clodii : quo in fundo propter insanas iljas substructiones facile mille hoiuinum versabatur valentium ? edito atq'ue excelso loco superiorem se fore putabat Milo, et qb earn rem eum locum ad pugnam potisimum delegerat? an in eo loco est potius exr spectatus ab eo, qui ipsius loci spe facere impetum cogitarat? lies loquitur, judices, ipsa: qua? semper valet plurimum ; si hree non gesta audiretis, sed picta videretis: tame.n appareret, uter efset insidiator, uter nihil cogitaret mali ; cum alter veheretur in rbeda penulatus, una sederet uxor; quid horum non impe- ditifsimum? vesting an vebiculum, an comes? quid minus proniptum ad pugnam ? cum penult irretitus, rheda impeditus ? uxore pene constrictus efset. Videte nunc ilium, primum egre- dientem e villa subito ; cur vesperi ? quid necefse est tarde ? qui convenit, prajsertim id temporis? Devertit in villam Pom- peii. Pompeium ut videret? sciebat in i^lsiensi efse ; villain ut perspiceret ? millies in ea fuerat: quid ergo erat morse et tergiversationis? dum hie yeniret ? locum relinquere noluit. XXI, Age, nunc iter expediti latronis cum Milpnis impedi- mentis comparate. Semper ille antea cum uxore; turn sine ea : nunquam non in rheda ; turn in equo : comites Graxmli, quocunque ibat, ( 4<5 ) etiam cum in castra Etrusca properabat ; turn nugarum in cpmitatu nihil. Milo, qui nunquam, turn casu pueros symphoniacos uxoris ducebat et ancillarum gre- ges ; ille qui semper secum scorta, sempter exoletos, sempec iupas duceret ; turn neminem, nisi ut virum a vjro lectum efse diceres. Cur igitur vietus est ? quia non semper viator a, latrone, nonnunquam etiam latro a viatore occiditur: quia, quariqia&m paratus in imparatos Clodius, tanien mulier incide- rat in viros ; nee vero sip erat unquam non paratus Milo contra ilium, ut non satis fere efset paratus;. semper ille, et quan- tum interefset P. Clodii se perire, et quanto ilii odio efset, et (46) Etiam cum in castra Etrusca properabat.'] Cicero frequently charges Clodius with having had a share in Catiline's conspiracy ; and this is what he refers to here. For Clodius, as we are told by Asconius, left Rome in order to join the camp of Catiline, when it lay at Fesula? in Tuscany : but after he had set out, he repented, and returned to the city. 413 ct. XX. Let us now consider tin- principal p tin*, place where they encountered was most tat mrabj pr to Cioclius. But can there, my lords, be any room tor u!)i, Ot for any farther deliberation upon, thai : 1; v as near the of Cioclius, where at least a thousand able-bo ployed in his mad schemes of building. Did Milo should have an advantage by attacking him. from, an em/m and did he for this reason pitch upon that spot for th< merit? qr was he not rather ekpected in that phi versary, who hoped the situation would favour hi The thing, my lords, speaks for itself, whiph must be all to he of the greatest importance in determiqing a que Were the affair to be represented onlv hy painting, in ite being exprefs-ed by words, it would even then clearly ap which was the traitor, and whjch was free from all mischievous designs; when the one was sitting in his chariot muffle. I up i i his cloak, and his wife along with him. Which of thes< enmstances was not a very great incumbrance ? the drel's, the chariot, or the companion ? How could he be worse equipped lo- an engagement, when he was wrapt up in a cloak, embarrafsed with a chariot, and almost fettered by his wife; ? Observe the now, in the first place, sallying out on a sudden from his for what reason r. in the evening ; what urged him? late; to what purpose, especially at that season ? He calls at Pomj seat; with' what view? To see Pompey? he knew he \, Alsmm. To see his house ? he had been in it a thousand t What then could be the reason of this loitering and shitting about? he wanted to be upon, the spot when Milo. came up. Sect. XXI. Now please to compare the travelling equi] of a determined robber, with that of Milo. — Clodius, before that, day, always travelled with his wife; he was then without her: he never used to travel but in his chariot ; he was then on I: back: he was attended with Greeks wherever lie we when he was hurrying to the Tuscan camp ; at that time ne had nothing insignificant in his retinue, Milo, contrai manner, happened then to take with him his wifi ' », and a whole train of her women: Clodius, who never failed to carry bis whores, his Catamites, and his bawds along with turn, was then attended by none but those who seemed to d out by one another. How came, he then to be overcome the traveller is not always killed by the robber, but the robber by the traveller ; because th< pared, and fell upon those who were unprej Iqdius ■was but a woman, and they were men. Nor in - Milo ever so little unprepared, as not to be a in . at any time. He was always sensible ho interest to tret rid of him, what an ihveterate . 9 H h 474 M. T. CICERPNI$ ORATI0NE$. turn ille auderet, cogitabat; quamobrem vitam suam quam maxi~ mis pramiis propositam et pene addictam sciebat, nunquam iq periculiim sine presidio et sine custodia projiciebat. Adde casus, adde inccrtos exitus pugnarum, Martemque communem ; qui sa^pe spoliantem jam et exsultantein evertit et perculit ab ubjecto ; adde inscitiam pransi, poti, oscitantis ducis; qui cum a tergo hbstem lnterclusuin reliquilset, nihil de ejus extremis eomitibus cogitavit: in quos inc,ensos if a! vitamque clqmini des- perantes cum incidifket, ha^sit in iis pcenis, quas ab eo servi fideles pro dbmini vita expetiverunt. ( 47 ) Cur igitur eos manu- re ifsit? metuebat scilicet ne indicarent : ne dolorem peri'en'e non pofsent: ne tormentis cpgerentur, occisum efse a servis Milords in Appia via P. Clodium confiteri. Quid opus est tor- tore? quid quseris? pccideritne? occidij:; jure, an injuria, nihil ad tortdrem ; facti enim irj equuleo quaestio est, juris, in judicio. XXII. Quod igitur in causa, qurerendum est ? id agamus hie : quod tormentis in venire vis, id fatemur. Manu vero cur mise- rit, si id potius quaerisy quam cur parum amplis effecerit pre- rniis ; nescis inimipi factum reprehendere ; dixit enim hie idem, ( 48 ) qui omnia semper constanter et fortiter, M. Cato; dixitque in turbulenta concione, quge tamen ejus auctoritate placata est, non libertate solum,' sed etiam omnibus^ praemiis dig- nifsimos fuifse, qui domini caput defendifsent. Quod enim premium saf;is magnum est tarn benevolis, tarn bonis, tarn fidelibus servis, propter quos vivit? etsi id quidem non tanti est, quam quod propter eosdem non sanguine et vulneribus (47) Cur igitur eos manumisit.~y The ceremony of manumifsion was thus performed : The slave was brought before the pYsetor, by his master, who^ laying his hand upon his servant's head, said to the praetor, Hunt homineni liberum efse volo : and with that let him go out of his hand, which they termed e manu emitter? . Then the prqetor, laying a rod upon his head, called vinfofta, said, ' Pico earn liberum efse more Quiritum. Hence Persius, Vind,icta post quam meus a prcctore recefsi. After this, the Hctor, taking the rod' out of the praetor's hand, struck the servant several blows on the Lead, f ace > an< -J back; and nothing now re- mained but pilep donari, to receive a cap in token of liberty, and to have his name entered in the common roll of freemen, with "the reason of his obtaining that favour. (48) Qui omnia semper constanter et fortiter, M. Cato.'] The character here given by our orator, of this illustrious Roman, is not drawn beyond the life, but copied 'from, nature, and founded upon truth and justice. It will be extremely difficult, if not absolutely impofsible, to rind, in the Avhole annals of profane history, a character more eminently distinguished for stea'dinefs and consistency of conduct than that of Cato, who pafsed the whole of his life in the noblest occupation of which human nature is capable. All the parts of this great man's conduct, to use the words of the ingenious Mr. Melmoth, accord with each other, and are the regular result of one steady and invariable principle: Patrice — impendere vitam ; Nee sibi, sed toti genitum se credere viurido. This was the glorious object of his ambition, from his first appearance in. the world, to the last moment of his life; and he undauntedly pursued it cicero's orati<< im}, and what audacious attempts he wsucapab fore, as ho knew that a prijee was set upon his hi; , ;i n»l thi was in a manner devoted to destruction, lie m any danger without a guard. Add to this the eftcc! of a< the uncertain ifsue of ali combats, and the <■ imfton chance A\ar, which often turns against the victor, even when n plunder and triumph over the vanquished. Add th fi.J- nefs of a gluttonous, drunken, stupid leader, who, when he had surrounded his adversary, never thought of bis attend.: were behind ; from whom, fired with rage, and despairing their master's life, he suffered the punishment which th faithful slaves inflicted in revenge for their master's death. \\ h\ then did he give them their freedom f lie was afraid, I silppi lest they should betray him, lest they should not he able to en- dure pain, lest the torture should oblige them to confefs that P. Clodius was killed by Mile's servants on the,Appian way. lint what occasion for torture? what was you to extort? h' Uiodius was killed? he was : but whether lawfully or unlawfully, can never be determined by torture. When tin; question relates to the matter of fact, we may have recourse to the executioner ; but when to a point of equity, the judge must decide. Sect. XXII. Let us then here examine into what is to be the subject of inquiry in the present case ; for as to Avhat you would extort by torture, we confefs it all. But if you ask why he gave them their freedom s rather than why he bestowed so small a reward upon them, it shows that you do not even know how to find fault with this action of your adversary. For M- Cato, who sits on this bench, and who always speaks with the utmost resolution and steadinefs, said, and said it in a tumultuous afscmblv, which however was nuelled by his au- thority, that those who had defended their master's life, wqll deserved not only their liberty, but the highest rewards. Foi what reward can be great enough for such affectionate, such worthy and faithful servants, to whom their master is indebted for his life? and, which is yet a higher obligation, to whom he owes it, that his mo 5 t inveterate enemy has not feasted through all the various insults and opposition that Caesar, Crafsus, lad Pompey, could contrive to traverse and perplex his way. It has been ofltn said, indeed, that lie did not discover great abilities in the mineral tenourof his public conduct ; that he did not make suilicicnt allowances for th. temper of the Romans, among whom luxury had long prevailed, and i ruption was openly practised ; that he was incapable of ernployh seeming compliances that arc reconcileablc to tin' greatest steadinefs; and that he"treated a crazy constitution unskilfully. How much truth there is in all this, we shall not take upon us to deiei mini ■: thus much, li is unquestionable, that ii" his head was not one of the best, bis h tainly was; that he pofsefsed the patriot virtues in then fection: and that, as Lord Bolingbrokejusl!) (ie prolonged the life oj liberty. 476 M. T. CXCER0NIS ORATIONES. suis crudelifsimi inimici mentem oculosque satiavit ; qups nisi lnanumisifset, tormentis etiam dedendi tuifsent, conservator's domini, ul tores sceleris, defensores necis. Hie vero nihil habet in his malis, quod minus moleste ferat, quam, etiam si quid ipsi accidat, else tamen illis meritum premium/ persdlutum. Sed nuiestiones urgent Milonem, ( 49 ) qtige sunt habitae nunc in atrio Libcrtatis ; quibusnam de servis ? rogas?' de P. Clodii ; quis eos postulavit? Appius? quis produxit ? Appius; unde ? ab Appio. Dii boni ! quid potest agi severius ? de servis nulla quaestio est in dominum, nisi de irjcestu, lit fui't in Clodium ; proxime deus accefsit Clodius, ( 5 °) propius quam turn, ciim ad ipsos penetrarat : cujus de morte, tanquam de cipremoniis vio- latis quaeiritur. Sed tamen majores nqstri in dominum de serve* qureri noluerunt, nori quia non pofset verum inveniri, sed quia" yidebatur indignium efse, et dominis "morte ipsa, tristius; in reuni de servis accusatoris cum quaeritur, verum inveniri potest ? Age vero, quae erat, aut qualis quaestio ? heus ubi Ruscio, ubi Casca? Clodius insidias fecit Miloni ? fecit ; certa crux : riuUas fecit ; sperata libertas. Quid hac quaistione certius? subito arrepti in quaestionem, tamen separantur a caeteris, et in areas con jiciun- tur ; ne quis cum iis colloqui pofsit ; hi centum dies penes accu- satorem cum fuifsent, ab eo ipso acCusatore producti sunt : quid hac quaestione dici potest integrius ? quid incorruptius ? XXJII. Quod si npndum satis cernitis, cum res ipsa tot tarn claris argumentis signisque luceat, pura mente atque integra Milonem, (49) Quce sunt habitce nunc in Atrio libertatis.'] Cicero, in his second book, De natura Deorum, informs us, that the ancient Romans worshipped Li* berty as a goddefs. Sempronius Gracchus caused a temple to be erected to her on the Aventine hill, out of the money raised by fines, as we are told by Livy, 7. 24. (50) Propius quam turn, cum ad : ipsos penetrarat.'] The orator refers here to what he mentions in a variety of places, viz. Cioclius's polluting the my- steries of the Bona D'ea. Of this goddefs, and the sacrifices offered to her, Cicero speaks' thus iri his, oration concerning the answers of the' Aruspices i ' What sacrifice is there so ancient asHhat which has been handed down to ' us from our first kings, and Is coeval with Jtome herself \ what sacrifice 4 is there so private and secret as that which is concealed, not'only from 4 the eyes of the curious and inquisitive, but from the sight of all men, and 1 whither neither the most profligate wickednefs'nor impudence ever yet ' presumed to enter? This sacrifice no man, except Clodius, was ever so * impious as to violate, no man but Clodius ever thought, without the ut- 4 most horror, of assisting at' it. This sacrifice, 'which is' performed by the * vestal virgins, which is performed for the prosperity of the Roman people, ' which is performed in the house of the chief magistrate, celebrated with ' unknown Ceremonies, arid in honour of a goddefs, whose very name to ' know is sacrilege; 'this sacrifice Clodius profaned,' &c. Plutarch takes the good goddefs to be the fame with the Gyneccea of the Greeks, that is, with the goddefs of the women ; and adds, that the Phrygians, who claimed a particular title to her, said she was mother to Midas ; that the Ro- mans pretended she was one of the Dryads and married to Faunus ; and that the Greeks affirmed she was mother to Bacchus. It is said that Caesar's wife, Pompeia, entertained a strong inclination for Clodius ; add CICERO S ORATIONS. 477 his eyes, and satiated his wishet, with the light oi bloody corse; who, if they liad not been made fre fiverers of their master, these ayengprs of guilt, th< of innocent blood, must have been put to the torture. I matter, however, of no small satis&ction to him under hi-, j sent misfortunes, to reflect, ih.it whatever becomes of bum he has had it in his power to reward them as the But the torture that is now inflicting in the porch oi of Liberty, bears hard upon Milo. Upon whose si; rlicted ? do you ask ? on those of P. C'lotlius. Who den.ai.de I them? Appius. Who produced them ? Appius. From when came they ? from Appius. Good go'ds ! can any thing I severe? Servants are never examined against their □ but in cases of incest, as in the; instance of CJodius, who now ap- proaches nearer the gods, than when he made his way into their very presence; for the same inquiry is made into his death, it their sacred mysteries had been violated. But our ancestors would not allow a slave to be put to the torture for what a his master, not because the truth could not thus be discover but because their masters thought it dishonourable and woi than death itself. Can the truth be discovered when the slai of the prosecutor are brought as witnesses against the person accused? Let Us hear now what kind of an examination this was. Call in liuscio, call in Casca. Did Clodius way-lay MiJo ? He did i: drag them instantly to execution, lie did not: let them Have their liberty. What can be more satisfactory than this method of examination? They are hurried away on a sud- den to the rack; but are confined separately, and thrown into dungeons, that no person may have an opportunity of sneaking to them: at last, after having been, for a hundred days, in the hands of the prosecutor, he himself produces them. What can be more fair and impartial than such an examination ? Sect. XXIII. But if, my lords, you are not yet convinced, though the things shines out with such strong and full evidence, that Milo returned to Rome with an innocent mind, unstained that, being narrowly /watched at home by the virtuous Aurelia, C mother, and by his sister Julia, who entertained some suspicions of her, she could rind no other opportunity of meeting him, but at a solemn |feast, which was to be celebrated in her" husband's house, in honour of the Bona Dea. In order to gain accefs to his mistrefs, Clodius drefsed himself in a woman's habit, and, by the benefit of his smooth lace, ai. duction of one of the maids, who was in the secret, hoped to pal discovery; but by some mistake between him and his guide, he J way when he came within the house, and fell in unluckily among lh< female servants; who detecting him by his voice, alarmed the who. pany by their shrieks, to the great amazement of ihe matrons ; who pre- sently threw a veil over the sacred mysteries, while Clodius found means to escape In the favour of some of the damsels. 1 ' II h 3 475 M. T: CICERONIS ORATlONlX nullo scetere inbutuni, nullo metu perterritum, nulla, conscien-* tia exanimatum' Roman revcrtifse; recordamiui per deos im- mortales, quae fiierit celeritas reditus ejus : qui ingrefsus in forum, ardente curia: qua) magnitudo animi : qui vultus : qua? cratio. Neque vero se populo solum, sed etiam senatui com- misit: neque senatui modo, sed etiam publicis prsesidiis et ar- mis: neque his tantumj ( 5I ) verum etiam ejus potestati, eui se- natus totam rempublicam, omnem Italics pubem, cuncta populi Rom. arma commiserat; cui se nun'quam hie profeeto tradidifset, nisi causae suae eonfideret; praesertim omnia audienti, magna metuenti, muAta suspicanti, nonnulla credenti. Magna vis est conscientise, judices, et magna in utramque partem ? ut neque timeant, qui nihil commiserint, et poenam semper ante oculos versari petent, qui peecarint. Neque vero sine ratione certa causa Milonis semper a. senatu probata est ; videbant enim sa- pientifsimi homines faeti rationem,* praesentiam animi, defensio nis constantiam. An veto obliti estis, judices, recenti illo nun- cio neeisCIodiauae, non modo knmieorum Milonis sermOnes et opiniones, sed nonnullorum etiam imperitorum, qui negabant eum Romam efse rediturum ? Sive enim illud animo irato ac percito fecifset, ut incensus odio trucidaret inimieum, arbitra- bantur eum tanti mortem P. Clodir putafse, ut aequo animo pa- triot careret, cum suo perinimici explefset odium suum: sive etiam illius morte patriam liberare voluifset, non dubitaturum fbrtem viruin, quin, cum sanguine eulo salutem reipublicse attu- lifset, eederet aequo animo legibus, secum auferret gloriam sem- piternam, nobis haec fruenda rehnqueret, quae ipse «ervafset. Multi etiam Catilinam, atqueilla portenta loquebantur : ERUM- PET, occupabit aliqueui locum, bellum patriae faciet ; miseros interdum cives optiiu'e de republica meritos, in quibus homines non modo res praeclarifsimas obliviscuntur, sed etiam nefarias suspicantur L Ergo ilia falsa fuerunt: quae certe vera exstitifsent y si IVlilo admifsifset aliquid, quod lion pofset honeste vereque de- f'endere. XXIV. Quid, quae postea sunt in eum congesta? quae quern- vis etiam mediocrium delictorum conscientia perculifsent, ut sus-' (51) Verum etiam ejus potestati.'] Pompey is here meant, to whom the senate gave an. unlimited commission to see-that the republic should re- ceived no detriment, either from Mi!o r or the Clodian fa<: CICF.fco's ORATIONS. 479 With guilt, undisturbed by fear, and free from the ae< i of conscience; call to mind, I beseech vou by the immorl the expedition with which he came back, las entrai the forum while the senate-house was in flames, the soul he discovered, the look he afsumed, the spree!) the occasion. He delivered himself up, not only to the people, but even to the senate; nor to the senate alone, but ev, guards appointed for the public security; nor merely to them, but even to the authority of him whom the senate had ii with the cai e of the whole republic, the youth of Italy, and all the military force of Koine : to whom he would never have deli- vered himself, if he had not been confident of the goe his cause ; especially as that person heard every report, \ apprehensive of very great danger, had many And gave credit to some, stones Great, my lords, i> t conscience; great both in the innocent and the guilty: the ! have no fears, while the other imagine their punishment is eon- tinually before their eyes. Nor indeed is it without good I son that Milo's cause has ever been approved tte; for those wise men perceived t lie justice of his sence of mind, and the resolution with which he m.uie his &v fence. Have you forgot, my lords, when the news ofClodi i death had reached us$ what were the reports and opinions that prevailed, not only amongst the enemies of Milo, hut e- amongst some other weak persons, who affirmed that Milo would not return to Rome? For if he committed the fact in the ! of pafsion, from a principle of resentment, they imagined lie ■would look upon the death of P. Clodius as of sueh consequence, that he could be content to go into banishment, after having satiated his reVenge with the blood of his enemy ; or if lie put him to death with a view to the safety of his country, they -.\ of opinion that the same brave man, after he had saved the state, by exposing his own life to danger, would cheerfully sub- mit to the laws, and, leaving us to enjoy the blefsings lie 1 preserved, be satisfied himself with immortal glory. Others talked in a more frightful manner, and called ham a Caul:; he will break out, said they; he will seize sonic strong plai he will make war upon his country. How wretched is often the fate of those citizens who have done the most important services to their country! their noblest action- arc not only for- got, but they are even suspected of the most impious. Tin suggestions therefore were groundlefs : yet they must have proved too well founded, had Milo done any thing that could not be defended with truth and justice. Sect. XXIV. Why should I mention the calum were afterwards heaped upon him? And though th( lik 4 4*0 M. T. CICERONIS ORATIGNES. timiit? dii immortales! sustinuit? immo verp ut contempsit, aC pro nilulo putavit? quqs neque maximo ammo nocens, neque inriocens, nisi ibrtifsimus vir, negligere potuifset; scutorum, gladioriim, frcnorum, sparorum, pilorumque etiam multitudo depiebeiKli pofse judicabatur : nullum in urbe victim, nullum angiportum else dicebant, in quo Miloni non efsct conducta do- mus i anna in villain Ocriculanam devecta Tiberi : domus in clivo capitolino sciitis referta ; ( Si ) plena omnia malieolorum ad urbis incendia comparator um. Hibc non delata solum, sed pene eredita: nee ante re'pudiata sunt, quaih quaesita.' ( 55 ) Laudabam equidem incredibilem diligentiam Cn. Pompeii: sed dicam, ut sentio^ judices; nimis multa audire coguntur, neque aliter fa- cere pofsunt ii, quibus tota Commiisa est respublica; quin etiarn audiendus sit ( H ) popa Licinius nc'scio quis de eirco maximo, servos Miloriis apud se ebrio's factos, sibi confelsos efse, de inter- iiciendo Cn. Pompeio eonjurafse: deinde postea se gladio per- cui'sum efse ab una de illis, ne indicaret. Pompeio in hortos nuntiavit; arcefsor in primis ; de amicorum sententia rem de- iert ad senatum j non poteram in ilhus mei patriseque custodis f auta suspicions litfti metu' exanimari ; sed mirabar tamen credi popa?; [ebriosorum] co'nfefsionem servorum audiri ; vulnus in latere, quod acu punetum videretur, pro ictu gladiatoris probari. Yerum tamen, ut inteliigOj cavebat vnagis Pompeius, quam timebat, non ea solum qua3 timenda erant, sed omnino omnia, ne aliquid vos timeretis.- Oppugnata domus C. Caesaris, clarif- simi et fortifsimi viri, per multas noctis boras nuntiabatur; ( 5v ) nemo atidierat tam celebri loco, nemo senserat : tamen audie- batur; non poteram Cn. Pompeium, pra3stantifsima virtute ci- vem^ timidum suspicari: diligentiam, tota republiea suscepta, mmiam riullam putabam. Frequentifsimo senatu iraper in ca- pitolio senator inventus est, qui Milonem cum telo efse diceret ; nudavit se in sanetifsimo templo, quoniam vita talis et civis et viri fidem non faciebat, ut, eo tacente, res ipsa loqueretur. (52) Plena omnia malleolar ■urn'} Malleoli, according to Nonius were small bundles of broom, covered over with pitch; which being kindled, were thrown On walls, or the roofs of houses. The word is sometimes used in a general sense, to signify any thing combustible. (53) Laudabam equidem incredibilem diligentiam Cn. Pompeii.'] The beau- tiful manner in which our orator here speaks of the conduct and pretended' fears oi Pompey, is a clear proof of his talent for fine and masterly raillery, (54) Popa Licinius nescio quis de circa maxima.'] De circb maximo, id est, de plebe sacriJicoru?h : sic enim solebant de lilioribus hominibus loqui ; savs the Dauphin annotator. And indeed Suetonius informs us, that there was a set of abandoned wretches who lived near the circus ?naximus, of whom probably this .Licinius was one., Popa was a priest, or butcher, who slew the sacrifices, and offered them up when slain. (55) Nemoaudierat tam celebri loco.] Caesar, from the time he was made foritifex ?naximus, lived in a large house in the via sacra, which was" no* far horn the for u in. Cicero's cratj" Hould have filled any breast with tenor that had th sciousriefs of euilfc, yet how he bore them! [mm bore them, did I say? nay, how he d nought! though a guilty persdn eVen nor an innocent person, unlets endued wit tude, could never have neglected thorn. It about, that a vast number of shields, swords, bridles, rfai javelins might he found; that there was no the city, where Milo had not hired a lie conveyed down the Tiber to his seal n Oct house on thi* capitoline bill was filled with sh every other place was full of hand-granades for firii These stories were not only reported, but almo -were they looked upon as groundlefs till alt made. 1 could not indeed but applaud the wonderful diligence of Pompey upon the occasion: but, to tell you freely, mi •what I think; those who are charged with the care oi the \\ I republic; are obliged to hear too many stories; nor indeed is it in their power to avoid it. He could rtoi an audiei to a paltry fellow of a priest, LiciniusI think he is called, who gave information that Milo's slaves, having got d house, confefsed to him a plot they had Formed to mun Pompey ; arid that afterwards one of them stabbed him, to prevent his discovering it. Pompey received this inielligen at his gardens. I was sent for immediately, and by the ad\ of his friends the affair was laid before the senate. I could not help being in the greatest consternation, to see the guardian both of me and my country under so great an apprehension ; yet I could not help wondering that such credit was given i<> a butcher, that the confefsionsofa parcel-of drunken slaves should be read ; and that a wound in the side, which seemed t>> prick only of a needle, should be taken for the thrust o diator. But, as I understand, Pompey was showing his caution, rather than his fear ; and was disposed to be suspic every thing, that you might have reason to fear nothing. Th< was a rumour also, that the house of C. Cesar, so emuienl his rank and courage, was attacked for several hours in night. Nobody heard, nobody perceived any thin though the place was so public; yet the allair jras to be inquired into. I could never suspect a man of Pomp distinguished valour, of being timorous; nor yet think caution too great in one who has taken uponhims< 11 of the whole republic. A senator too, in a full house, affirmed lately in the Capitol, that Milo had a dagger under his g that very time: upon which he himself in that sacred temple, that, since his hie and manners C< him credit, the thing itself might speak for him. 482 M. T. crcEHONrs or/iTiomes. XXV. Omnia falsa atque insidiosc ficta comperta sunt. Quod si tamen metuitur etiam. nunc Mile-, nou hoc jam Clodianum crimen timemus, sed tuas, Cn. Pompei, (te enim jam appello ea voce, ut .me audire potsis), ( 5> ) tuas, tuas, inquam, suspi- clones perhorre'scimus. Si Milofrem times, si lmnc de tua, vita nefarie aut nunc cogitare, aut molittim aliquando aiiquid putas ; si Italiae delectus, ut nonnul'li conquisitores tui dictitant, si haec anna, si Capitolina; cohortes, si cxcubia 1 , si vigilia?, si delccta juvcntus, qua) tuum corpus domumque custodit, contra Milonis impetum armata est, atque ilia omnia in hunc unum ihstituta,- parata, intenta sunt: magna ifi hoe certe vis, c't incredibilis animus, et non unius viri vires atque opes indicantur, siquidem in hunc unum et prycstantilsimus dux elcctus, et tota respublica armata est. Sed quis non intelligit, onrnes tibi reipublicae partes,- segras et labantes, ut eas his armis sanares et confirmares, else eotnmiisas ? Quod siMiloni Jocus datus efset, probafset profecto' tibi ipsi, neminem unquam hominem homini cariorem fuiise, quam te sibi: nullum se unquam perieuiunij pro tua dignitate,- tugifse: cum ilia, ipsa teterrima peste sa^pifsime pro tua gloria contendifse: tribunatum suum ad salutenr meam, qua? tibicaris- sima fuifset, consiliis tuis gubernatum : se a te' posteadeiensum in periculo capitis, adjutum in petition® praetura? : duos se ha- bere semper amicifsimos sperafse, te tuo benefieio, me suo y qua? si non probaret ; si tibi ita pe'nitus msedifset ista suspicion nullo ut evelli modo pofset ; si denique Italia a delectu, urbs ab armis, sine Milonis clade, nunquam efset conquietura ; nae iste haud dubitans cefsifset patria, is, qui ita natus est, et ita con- suevit ; te, Hague, tamen antestaretur : quod nunc etiam tacit*. (56) Tuas, tuas, inquam, suspiciones perhorrescimm.~] For the illustration of this pafsage we shall transcribe the note of Asconius, which is as follows ? * Diximus in argumento orationis hujns, Cn. Pompeium simulafse se ti- ' mere, seu plane timuifse Milonem, et ideo ne domi quidem sux, sed in ' hortis superioribus ante judicium mansifse, ita ut villam quoque prassidip * militum circumdaret. Q. Pompeius tribunus pleb. qui fuerat familiarrs- * simus omnium P. Ciodio, et sectam suam sequi se palam prontebatur, ' dixerat in condone paucis post diebus, quam Clodius erat occisus : * Mile dedit, qutm in curia cremaretis : dabo, quern in capitolio sepeliatis. ' In eadem concioneidem dixerat (habuit enim earn a. d. $. kal. Febr. cum ' Miio pridie, id est, 7. kal. Febr. venire ad Pompeium in hortos ejus vo- ' luifset) Pompeium ei per hominem propinquum misifse, ne ad se veniret. * Prius etiam quam Pompeius tertium consul crearetur tres tribuni, Q. Pom- ' peius Rufus, C. Salustius Crispus, T. Munacius Plancus, cum quotidianis- ' concionibus suis magnam mvidiam Miloni propter Clodium excitarent, ' produxerant ad populism Cn. Pompeium, et ab eo qua?sierant, num- ad ' eum delatum efset, illud quoque indicium, suae vitsc insidiari Milonem. * Kesponderat Pompeius, Licinium quendam de plebe, sacrificulum, qui * solitus efset familias purgare, ad se detulffse, servos quosdam Milonis, * itemque libertos comparatos else ad credem suam: nomina quoque ser- * vorum edklifee.: ad Milonem misifse, ut eos in potestate sua haberet • a * Mllone responsum efse, ex iis servis, quos nominafset, partim neminem ' se unquam habuifse, partim manumisifee. Dein, cum Licinium apud se ' haberet, Lucitim quendam de plcbe ad corrumpendum judicem venil'se : Cicero's or a Sect. XXV. These stories were malicious forgeries: but if, after all, Milo must it is no longer the aifair of Ciodius, hut \«mu wispicti pey, whieli we dread : your, pour suspicion it so that you may bear me. h you are afraid of Milo, il imagine that he is either now forming, or li. trived any wicked design against your life , n Italy, as some of your agents allege, if this Capitoline troops, if these Gentries and guards, band of young men that guard your person and your armed against the afsaults of Milo; if all these precauttoi taken and pointed against him, great undoubted h m strength, and incredible his valour, far surpalking the I and power of a single man, since the most eminenl generals is fixed upon, and the whole repuhlie armed to him. But who dotes not know that ail the intirm and ; parts of the state are committed to your care, I and strengthened by this armed force? Could Milo Imve found an opportunity, he would immediately convinced \ senate had given it him in charge to see that the republic j no detriment ; a sentence always sufficient for arm suls without afsigrting them an armed force; dial when an army and a chosen hand of soldiers were al liin. should wait the event of this trial, and defend tin the man who wanted to abolish trials? It was sullicii Pompey cleared Milo from those charge* that, were advam against him, by enacting a law, according to which, in my i mon, Milo ought, and, by the confusion of all, might lawfully be acquitted. But by sitting in that place, attended by a nun ous guard afsigned him by public authority, he* sufficiently i clares his intention is not to overawe (for what can I unworthy a man of his character, than to oblige you to < demn a person, whom from numerous precedents, and by \ir- tue of his own authority, he might have punished himself f)* but to protect you: he means only to convince you, that, n standing yesterday's riotous afse'mbly, you are at full bl pais sentence according to your own judgments. Sect. XXVII. But, my lords, the Oodian me no concern; for I am not so stupid, so void pe- rience, or' so ignorant of your sentiments, opinion in relation to the death of Clodius, Audi not refuted the charge, as I have done, vet Mild might, n::. have made the following glorious declarati false one: I have slain, I have slain, not a i suspected of aiming at the re< favour of the people by lowering t l e j stowing extravagant presents to the ruii not a Tiberius Gracchus, who seditiously de[>0 from his magistracy ; though even their i the world with the glory of their exploits: Bui piah (for he had a right to use this Ian . Jais country at the hazard of his own hi 4$6 M. T. CICERONIS ORATIONES. fanninac comprehenderunt : eum, cujiis supplicio senatus so- 1 emnes reiigiopee expiandas siepe censuit : eum quern cum so- lore germana ner'arium stupium fecifse L. Lucullus juratus se, riet< 'o quit all iiia. talc to it. 438 M. T. CiCERONIS ORATIONES. Iidiisimfi gratia, absentem de pofsefsione fundi dejecit : qui pa. rietem sic per vestibulum sororis instituit ducere, sic agere fun- damenta, ut sororem non mpdo vestibulo privaret, sed omni aditu 'et limine. XXVIII. Quanquam foafec quidemjam toleifabilia videbantur, etsi aquabiliter in remp. in privates, in loynginquos, in propin- quos, in alienos, in sues irruebat : sed nescio quomodp jam usu obduruerat, et percalluerat civitatis incredibilis patientia. Qua; verp adherant jam et impendebant, quonam niodo ea ant depel- lere potuifsqtis, aut ferre ? Irnperium si ille nactus efset, omitto socios, exteras nationes, reges, tetrarchas : vota enim feceratis, ut in eos se potius mitteret, quam in vestras pofsefsiones, vestra tecta, vestras pecunias : pecuniasdico ? a liberis, a liberis mediusfidius, et a conjngibus vestris nunquam ille eflranatas suas libidines cc~ hibuiiset: fingi bac putatis, qua) patent, quae nota sunt omni- bus, quae tpnentur ? servorum exercitus ilium in urbe conscrip- turum fuifse, per qups totam rempuh, resque privatas omnium pofsideret ? Quamobrem si cruentum gladium tenens clamaret T. Annius, ADESTE, quaeso r atque audite, cives: P. Clodiuirt interfeci : ejus furores, quos nullis jam legibus, nullis judiciis i'renare poteramus, hoe ierro et bac dextera a cervicibus vestris repuli; pee me, ut unum jus, aequitas. leges, libertas, pudor. pudicitia in civitate manerent : efset vero timendum, quonam modo id [factum] ferret civitas; nunc enim quis est, qui non prol>et ? qui non laudet r qui non unum post hominum memo-' riam T. Annium plurimum reipublicae pr of uifse, maxima, Jrctitia populum Romanum cunctam Italiam, nationes omnes atiecifse~ et dicat, et sentiat ? Nequeo Vetera ilia populi Roman} quanta fuerint guadia judicare ; multas tame n jam summorum impera- torum clarifsimas victorias aetas nostra vidit; quarum nulla ne- que tarn diuturnam attulit I&titiam, nee tantam. Mandate hoc memoriae, Judices ; spero multa vos liberosque vestros in re- publicfi bona efse visuros ; in his singulis ita semper existima- bitis, vivo P. Clodio, nihil horum vos visuros fuifse; in spem maxiinam, et, quemadmodum confido, verifsimam adducti su- mus, hunc ipsum annum, hoc ipso summo viro consule, com- prefsaiiomitium licentia, cupiditatibus fractis, legibus et judiciis constitutis, salutarem civitati fore. Num quis igitur est tarn demons, qui hoc, P. Clodio vivo, contingere potuifse arbifre- tur? citizen, should have been suffered in Koine f and it would b^ natural to suspect, that we had been deceived in our ac- counts of him, by taking them from his enemies, did we not find them too firmly supported 1 by facts to be called in question. A little attention, how- ever, to the particular charaef erof Clodius, as "well as of the times in which he lived, will enable us. to solve the difficulty. First, the splendour of his' family, which had borne a principal share in all the triumphs of the re- public, from the very foundation of its liberty, was of great force to pro- tect h;m in all his extravagancies. Secondly, his persona) qualities were pe- culiarly adapted to endear him to all the meaner sort; his bold and ready wit; his talent at haranguings ; his profuse expense, and his being the first of his family who h*d pursued popular measures against the maxims of hi*'" ancestors, who were all stern afsertors of the aristocraticalpozcer. Thirdly,- 1 lie contrast of opposite factions, who had each their ends in supporting- him, contributed principally to his safety: Cxsa-r, Tompey, and Grains willingly permitted and privately encouraged his violences ; to make their, own power not only the lefs odious, but even necefsary for controuling the Airy of such an incendiary: and though it was often turned against them- selves, yet they chose to bear it, and difsemble their ability of repelling it, i than df-stroy th<.: rn.au, who w-as placing t l .?ir game for them ; and- CK hl'.u S ORATIONS. Sect. XXIX. I am not afraid, mv lords, th.a I should to let my resentment fpv persona) iujuj charge these things upon him with tor thofigh it might be expected this should In- the prii motive, yet so common an enemy u as be to all maj aversion to him was scarce]}* greater than world. It is mipofsihle to exprela, or indeed villam, what; a pernicious monster he attend to tliis ; fiie present trial relates to thi form now in your minds (for our tin .sent what they please, just in the same rnan what we see) ; form, I say, in your minds, the picture < I shall, now describe. Suppose- 1 could persu Milo, on condition that Clodius should revi\ countenances betray those marks of tear? how woul>' you when living, if the bare imagination of him. dead, so powerfully strikes you ? what! if Pompey Inula man pofsefsed of that merit and fortune which enable him to effect what no one besides can ; if he, I say, had it in his po\\ i ther to appoint Clodius's death to be inquired into, or to from the dead, which do you think he would choose ? i hough from a principle of friendship he might be inclined to raise him from the dead, yet a regard to his country would prevent him. You therefore, sit as the avengers of that man's death, whom you would not recal to life if you were able; and inquiry i^ I into his death, by a law which would not have pafscd if it i have brought him to life. If his destroyer then should confefs the fact, nc^d he fear to be punished by those whom he has de- livered ? The Greeks render divine honours to those who put tyrants to death. What have I seen at Athen:- r what in the other cities of Greece ? what ceremonies were instituted for such heroes? what hymns? what songs? The honours paid them were almost equal to those paid to the immortal gods. And will you not only refuse to pay any honours to the preserver of so great a people, and .the avenger of such execrable villa but even sutler him to be dragged to punishment ? He would have confefsed, I sav, had he done the action, he would have by throwing the republic into confusion, threw it of course into their hand--. The senate," on the other side, whose chief apprehensions were fro triumvirate, thought that the rashnefs of Clodius might be of perplex their measures, and stir up the people against tin m on prop* r oc- casions ; or it humoured their spleen at least, to see him often insulting Pompey to his face. Lasi.lv, all who envnd Cicero, and desired ho lefeen his authority, privately cherished an enemy who employed all his i drive him from the administration Of afrail of circumstances, peculiar to the man and the times, was what pn Clodius, whose insolence could never haT€ regular state of the cirv. lis 4$2 M. t: ciceronis orationes. jfecifset, et magno animo, et libenter, se feeifse ljbertatis omnium causa : quod ei certe non confitendum modo fuifset, veriim etiam praxlicaiidum. XXX. Etenini si id non negat, ex quo nihil petit,- nisi nt ig~ noscatur ; dubitaret id fateri, ex quo etiam pramia laudis efsent petenda ■? nisi vera gratius putat else vobis sui se capitis, quam vestri ordinis defensorem fuifse: cumpnesertim in ea confef- si one, si grati efse velletis, hoti ore's afsequeretiir ampliisimos : sin factum vobis nOn probaretur (quanquam qui poterat sal us sua cuiqiie non probari?) sed tamen si minus fortifsimi viri virtus civibus grata cecidifset ; magna animo eonstantique eederet ex iri«rata civitate ; nam quid efset ingratius, quam Iseteri cateros, lugeref eum solum, propter quem coeteri iaetarentur ? Quanquam hoc animo semper omnes fuimus in patriae proditoribus oppri° mendis, ut, quoniam nostra futura efset gloria, perieulum quo- q ; ue et invidiam nostram putaremus ? nam quae mini contribute buenda laus efset ipsi, cum tantum in eonsulatu meo pro vobis, ac liber is Vestris ausus efsem, si id, quod conabar, sine maximis dimicationibus meis me efse ausurum arbitrarer ? qua? mulier sceleratum ac perniciosum civem occidere non auderet, si peri- eulum non timeret ? Pr'oposita invidia, morte, poena, qui nihilo segnius rempub. defendit, is vir vere putandus est. Populi grati est, pramiis afficere bene meritos-.de republiea cives : viri fortis, ne suppliciis quidem moveri, ut fortiter feeifse poiniteat. Quamobrem uteretur eadem confefsione T. Annius, qua Ahala, qua Nasica, qua Opimius, qua Marius, qua riosmetipsi : et,.si grata respublica efset, lataretur ; si ingrata, tamen in gravifortu- na, conscientia sua niteretur. Sed ujus beneficii gratium, judices, fortuna populi Romani, et vest fa ielicitas, et dii immortales s-ibi deberi putant. Nee vero quisquam aliter arbitrari potest, nisi qui nullam vim efse ducit, numenve divinum t quem neque, im= perii vestri magnitudo, neque sol ille, nee cseli signorumque motus, nee vicifsitudin.es rerum atque ordines movent, neque, id quod maximum est, majorum . nostrorum "sapieiitia ; qui sacra, qui cacremonias, qui auspicia et ipsi sanetifsime coluerunt, et nobis suis posteris prodiderutit. XXXI. Est, est profecto ilia vis : neque in his corporibus, atque in hac -imbecillitate nostra inest quiddam,quodvigeat, etsentiat. CICERo's ORATJ« bravely and freely ponfefsed that be did it for tin good ; and indeed he ought not only to have proclaimed it. Sect. XXX. For if he docs not deny nn a desires nothing- but pardon, is it likely that lie would confefs what he might hope to be rewarded for; u it is more agreeable to you, that he should d< than the lives of your order r especially as, b) sion, if you were inclined to be grateful, he n tain the noblest honours. But a you had not approved action, (though how is it pofsible that a person can disapprove of his own safety r) if the courage of the bravest man alivi not been agreeable to his countrymen, he would have dep with steadinefs and resolution from so ungrateful a city. 1 i what can show a greater ingratitude than that all should re- joice, while he alone remained disconsolate, who was the of all the joy ? Yet, in destroying the enemips of our country, this has been our constant persuasion, that as the glory would be ours, so we should expect our share of odium and danger. For what praise had been due to me, when in my consulate J made so many hazardous attempts for you and your posterity, if I could have proposed to carry my designs into execution without the greatest struggles' and difficulties ? What woman would not dare to kill the most villanous and outrageous cr if she. had no danger to fear ? But the. man who bravely defends his country with the prospect of public odium, danger, and death, is a man indeed. It is the duty of a grateful people to bestow distinguished honours npon distinguished patriots ; and it is the part of a brave man, not to be induced by the greatest sufferings to repent of having boldly discharged his duty. Milo therefore might have made the eonfclsiou which Aha la, N Opimius, Marios, and I myself formerly made. And had his country been grateful, he might have rejoiced ; if ungrateful, his conscience must still have supported him under ii: But that gratitude is due to him for this favour, my Ion, fortune of Rome, your own preservation, and the hum. all declare. Nor is it polsible that any man can think i I wise, buthe who denies the existence of an over or divine Providence; who is unaffected by the ui empire, the sun itself, the revolutions of the l\eavenjy hodie changes and laws of. mature, and above all, the v >\ our ancestors, who religiously observed the sacred rites, ceremo and auspices, and carefully transmitted them to their post* Sect. XXXI. There is, there certainly is such a power; nor can this grand and beautiful fabric of nature be without an am. 5 I i 3 4§4 M. T. CICERONIS ORATlONES. et non incst in hoc tanto naturae tam pnrclaro rriotu ; nisi for! -3 idcirco else non putunt, qui non apparet, nee cerriitur : pro- inde quasi nostrum ipsam mentem, qua sapimus, .qua provide- mus, qua boec ipsa agimus ac dicimus, videre, aut plane quails^ aut ibi sit, sentire pofsknus. Ea vis, ea est igitur ipsa; quas sa a pe incredibiles huic urbi felicitates, atque opes attulit: qua? illam perniciem Qxstinxit, ac sustulit: cut pvinium menteni m- ]ecit, ut vi irritare ferroque lacefsere fortiisimum virum auderet, vincereturque ab eo, quern si vicifset, habiturus efset impuhita- tern et licentiam sempiternam. Non est humano consilio, ne mediocri quidem, judices, deorum immortalium cura res ilia perfecta; religiones, mehercule, ipsae, quae illam beliuam ca~ tiere viderunt, commovifse se videntur, et jus in illo.suum re- tinuifse; vos enim jam, Albani tumuli atone luci, vos, inquam, imploro, atque obtestor, vosque Albanorum obrutac ara>, ( 6l ) sacrorum populi Romani sbciae et ocquales, quas ilie picccep^ amentia, caesis prostratisque sanctifkimis iucis, substructionum insanis molibus opprefserat : vestrae turn ara?, vestrae religiones viguerunt, vestra vis valuit, quam ille omni scelere polluerat: tuque extuo edito monteLatiari, sancte Jupiter, cujus ilie ]acus ? nemora, finesque sacpe omni nefario stuproet scelere raacularat, aliquando ad eum punieiidum oculos aperuisti : vobis ilke, vobis vestro in conspectu serae, sed justae tamen et debitae poenae so- lutae sunt. Nisi forte hoc etiam casu factum efse dicemus, ut ante ipsum sacrarium Bonas Dea?, quod est in fund o T. Sextii Galli, in primis hone»ti et ornati adolescentis, ante ipsam, in- quam, Bonam Deam, cum proelium commisiiset, primum illud vulnus acceperit, quo teterrirriam mortem obiret : ut npn abso- lutusjudicio illo iietario videretur, sed ad banc insignem pcenam reservatus. XXXII. Nee verb non eademira deorum banc ejus satellitibus injecit ameutiam, ut sine imaginibus, sine cantu, (**) sine ludi's, sine exsequiis, sine lamentis, ( 63 ) sine laudationibus, sine (61) Sacrorum populi Romani socice et tcqvales.~] Cicero here refers to those rites which Were common to all the people of Latium, with the Ko- mans. They were at first instituted by Tarquinius Superbus, who, in or- der to keep the Latin afsociation firm to their engagements with him, erected a new temple in the midst of them to Jupiter I atialis, on a hill near the ruins of Alba, -where the diets of the united cantons were anriufelly 1 to afsemble'cn the twenty-seventh of April, which was called Fcrricc Laiiiue^ and jointly offer sacrifices to Jupiter, and feast together in token of union. « (62) Sive ludis.~] The heathens imagined that the ghosts of the deceased •were satisfied, and rendered propitious by human blood; accordingly at first they used to buy captives, or untoward slaves, and offered theni at the obsequies. Afterwards they contrived' to veil over their impious barbarity with the specious show of pleasure, and voluntary combat ; and therefore training up such persons as they had procured, in some tolerable notion of weapons; upon the day appointed for. the sacrifices to the de- parted ghosts, they obliged them to maintain a mortal encounter at the tombs of their friends. Hence arose the gladiatorian shows which were exhibited at the funerals of great men for appeasing their manes. mating principle, when th( are endowed with lite and perception. think otherwise, because it is not immed them j as if we could discern that prtnei] sight by which we act and speak, or < manner and place of its existence. This, thi power which has often, in a wonijerfuj ma:: Rome with glory and prosperity ; which t removed this plague; which inspip-d him to irritate by violence, and provoke by of men, in order to he conquered b\ him; a -would have procured him eternal impunity, u to his audaciousnefs. This, my lords, was u human prudence, nor even by the common care of t!. mortal gods. Our sacred places themselves, by I which saw this monster fall, seemed to be interested in his late, and to vindicate their rights in his destruction. Fo¥ YOilj ye Alban mounts and groves, I implore and attest, ye demolished altars of the Albans, the companions and partm is of' the i; rites, which his fury, after having demolished the saei « buried under the extravagant piles of bis building. Upon his fall, your altars, your rites flourished, your power \ which he had defiled with all manner of villany. And you, U venerable Jupiter! from your lofty Latian mount, whose lake , whose woods and borders he polluted with the mo.->t abominable lust and every species of guilt, at last opened your e hold his destruction : to you, and in your presence, wa late, but just and deserved penalty paid, lor surely M never be alleged, that, in his encounter with Milo before the chapel of the Bona l)ea, which stands upon the esnue of that worthy and accomplished youth, P. Sextius Callus, it was by chance he received that first wound, which delivered him I a shameful death, I may say under the eye of the goddel . self; no, it was that he might appear not acquitted hy I famous decree, but reserved only for this signal punishm Sect. XXXII. Nor can it be denied, that the gods inspired his followers with such madnefs as to the flames his exposed body without pageants, without sin without shows, without pomp, without lamentations, wi (63) Sine laudationibus.~\ In all the fi 4 <>ra!> of iiv.t brought with a vast train of followers into the forum, ' of tin nearest relations alVending the rpstra, obliged the audience wit in praise of the deceased. If none of the Kindred undei I was discharged by some of the most eminent persons in I jug and eloquence, as A p pi an reports of the funeral of S) ha. tion of this custom is generally attributed toValeriu the expulsion of the royal family. Plutarch I alu'i'^ues obsequies with a funeral oi 496 M. T. CICERQNIS ORATrONES, f unere, oblitus cruore et Into, spoliatus illius supremi dici celebri- tate, quam concedere etiam inimici solent, ambureretur abjectus ; non fuifse credo fas, clarifsimorum virorum fonuas ijji teterrinio parricidue aliquid deporis afferre, neque pllo in loco potius mor- tem ejus lacerari, quam in quo vita eiset damnata. Dura mihi, medius lidius, jam fortuna populi Roman} et crudelis yidebatur, qua? tot annos ilium in banc rempubl. insultare vicjeret et pate- r'etur; polluerat supro sanetifsimas religioqes : senates gravifsima decreta perfregerat : pecunia se palam a jndicibus redeinerat; ( 6+ ) vexarat in tribunatu senatum: ( 6s ) pmniuni ordinum con- sensu prp salute reipublica? gesta resciderat; mp patria expule- rat; bona diripuerat; dpmum incenderat; jiberos, conjugem meam yexaverat : Cn. Pompeio netariiim bejlum indixerat: anagistratuum, privatorumque csedes eflecerat, domum mei fra- tris incenderat: yastarat Etruriam : multps sedibus ap fortunis ejecerat : instabat : urgpbat : capere ejus amentiam pivitas, Italia, proyincise, regna non poterant: incidebantur jam domi leges, qua3 nos nostris seryis addicerent; nihil erat cujusquam, quod quidem ille adamafspt, quod non hoc anno suum fore pu- taret. Obstabat ejus cogitationibus nemo, praetor Milonem. Ilium ipsuni, qui poterat obstarp, Cn. Pompeium, novo reditu in gratiam quasi devinctum arbitrabatur : Csesaris potentiam, suam potentiam efse dicebat: bpnorum animos etiam in meq casu cpntempserat : Miio unus urgebat* XXXIII. Hfc dii immortales, ut supra dixi, mentem dede of attempting to kill the brj had no republic. Had he be* ed we can suppose that t' M. T. CICJERONIS ORATIONES. si modo hire templa, atquc ipsa moenia stare, eo viro, tamdia ? et consulates ejus exspectare potuifsent, ille denique vivus mail nihil feeifeebj qui mortuus, un.p ex suis satellitibus Sex. Clodio dime, curiam iueenderit? quo quid miserius, quid acerbius, quid luctuosius vidimus? templum sanctitatis, amplitudinis, mentis, consilii publici, caput urbis, aram sociorum, portum omnium gentium, sedem ab universo populo Komano concefsam uni or- dini, inrlammari, exscindi, funestari? neque id fieri a multitu- dine imperita (quanquam efset miser um id ipsum) sed ab uno. qui cum taut urn ausus sit ultor. pro mortuq, qujd signifer pro vivo non efset ausus ? In curiam potifsimum abjecit, ut earn mortuus incenderet, quam vivus evertorat. Et sinit ? qui de via Appia querantur, taceant de curia? et qui ab eo spirante forum patent potuifse defendi, cujus lion restiterit cadaveri curia? Ex- eitate, excitate ipsum ? si potestis, abinferis; frangetis impetum vivi, cujus vix sustinetis r'urias ipsepulti ? nisi vero sustinuistis eos qui cum facibus ad curiam concurrerunt, cum falcibus ad Castoris, cum gladiis toto foro voiitarunt. C«di vidistis populuin Ilomanum, ^concionem gladiis disturbari, ( £6 ) cum audiretur si- lentipM. Coelius tribunus plebis, vir et in repub. fortifsimus, ( 6 ?) et jn suscepta causa, firmilsimus, et bonoriim voluntati et aucto- ritati Senatus deditus, et in bac Milonjs sive invidia ? sive for- tuna singulari, diyiiia, et incredibili fide. XXXIV. Sed jam satis multa de causa : extra causam etiam nimis fortafse multa. Quid restat, nisi ut orem pbtesterque vos. judices, ut earn misericordiam tribuatis fortifsimo viro, quam ipse non implorat; ego antem, repugqante hoc, et iinploro, et exposco? Nolite, si in nostro omnium fletu nullam lacrymam adspexistis Milonis, si vultum semper eundem, si vocem, si ora- tipnem. stabilem ac non mutatam videtis, hoc ei minus parcere : atque baud scio an multo etiam sit adjuvandus magis. Etenim (€6) Cum audiretur silenliQ M. Cielius tribunus plebis. ~\ AsMilp returned to Rome the same night on which the senate-house was set on five, Coelius, one of the tribunes of the people, having called an afsembly of all those who favoured Milo, inveighed severely against Clodius, and enumerated the various instances of his guilt and vilfany ; upon which the rest of the tribunes rushed into the forum, with a body of armed men, and had killed both Cceiius and Milo, if they had not drefsed themselves like slaves, and by that means made their escape. They killed many of the citizens, those especially who by their drefs seemed to be persons of distinction; and un- der a pretence of searching for Milo, forced their way into many houses, and plundered them. This account we have from Asconius, who instead of Coelius reads Ccecitius. (.6-7) Et in suscepta causa firmifsimus.~\ Pompey, to calm the public dis- orders occasioned by Clodius's death, published several new laws, by one of which the method of trials was altered, and the length of them limited: three days were allowed for the examination of witnefses, and the fourth for the sentence ; on which the accuser was to have two hours only to en- force the charge; the criminal three, for his defence. Cceiius, or Cceciliu$ CICKRo'* ORATIONS. frave stood till his consulship, in short, had h< he have committed no mischief; who, when dead, I potion of Sextus Clodius, one of hid dep house on tire 't Was e. , adful, u and more miserable? That the temple of huh:: wisdom; public counsel, the head o her allies, the refuse of all n order by the unanimous voice oi the Roman fired, erased, 'and defiled! and not by a giddy even that would have been dreadful; hut bv one man he dared to commit such havoek for hisdeceaft d frt< vender, what would he not, as a hauler, have done for him when living? He chose to throw the body of Clodius im senate-house, that, when dead, he might burn what he subverted when living-. Are there any who complain <• 'Appian way, and yet are silent as to the senate In we imagine that the fprum could have been defend, that man, when living, whose lifelels corse destroyed til house? Raise, raise him if you can from the dead; wii: break the* force of the living man, when you can the rage occasioned by 'his unburied body? unlets you pn that you sustained the attacks of those who ran to ti house with torches, to the temple of Castor with scythes, flew all over the forum with swords. You saw the Korean people mafsacred, an ufsembly attacked with arms, win;. were attentively hearing Marcus Cojlius, the tribune < i people ; a man undaunted in the service oj the republic; nn it resolute in whatever cause he undertakes ; devoted to good men, and to the authority of the senate; and who has discove divine and amazing fidelity to Milo under his present eir< stances: to which he was reduced either by the force ef envy, or a singular turn of fortune. y Sect. XXXIV. But now I have said enough in I the cause, and perhaps taken too much liberty in i from'" the main subject. What then remains but to be adjure you, my lords, to extend that compafsion to a I Vi Inch he disdains to implore, but which I, even a is con- sent, implore and earnestly intreat. Though you have no him shed a single tear while ail are weeping around h. he has preserved the same' steady countenance, nels of voice and language, do not on this account with: from him; indeed I know not whether these circun vigorously opposed this law, as having no foundation in j jhYd being provided particular!) Milo. Ih draw his' negative, however, upon Pomp«»y'i support it by force of anus. 500 M, T. CICERONIS ORATIONES, si in gladiatoriis pugnis, etin infimi generis hominum conditione atque Ibrtuna, timidos et supplicesj et, ut vivere liceat, obse- crantcs, etiam odiise solemus: fortes et animosos, et se acriter ipsos morti ofTerentes servare cupimus: eorumque nos magis miserat, qui nostram misericordiam non requirunt, quam qui ilium efflagitant: quanto hoe magis in fortifsimis civibus face re debemus? Me quidem, judices, exanimant et interimunt hae voces Milonis, quas audio afsidue, et quibus intersum quotidie. Valeant, inquit, valea-nt cives mei ; sitit ineolumes, sint florentes, sint beati: stet hsec urbs praeclara, mihique patria cariisima quoque modo merita de me erit ; tranquilla repub. cives mei, quoniam mihi cum illis non licet, sine me ipsi, sed per me ta-~ men, perfruantur; ego cedam, atqae abibo; si mihi republica bona frui non licuerit, at carebo mala : et, quam primum teti- gero bene moratam et liberam civitatem-, in ea conquiescarrh O irustra, inquit, suscepti mei labores I 6 spes falkces ! 6 co- gitationesinanesmeae! ego, cum tribunus pleb. repub. opprefea, me senatui-dedifsem, quern exstinctum acceperam j equitibus Ilomanis, quorum vires erant debiles ; bonis viris, qui omnem auctoritatem Ciodianisarmisabjecerant; mihi unquam bonorum praesidium defuturum putarem ? Ego, cum te (mecum enim. saepifsimi loquitur) patriae reddidifsem, mihi non futurum in pa- tria putarem locum ? Ubi nunc senatus est, quern secuti sumus? ubi equites Romani illi, illi, inquit, tui? ubi studia municipio- rum r ubi Italian voces? ubi denique tua, M. Tulli, quas pluri- mis fuit auxilio, vox et defensio? mihi-ne ea soli, qui pro te toties mom me obtuli, nihil potest opitulari. XXXV. Nee vero haec, judices, ut ego.nunc, flens, sed hoc eodem loquitur vultu, quo videtis ; nega£ enim se, negat ingratis civibus fecifse, quae fecerit ; timidis, et omnia circum- spicientibus pcrecula, non negat j- plebem et infimam multitu- cicero's orations. Hot to plead with you in his favour. If in th< gladiators, where persons of the lowest rank. the people, are engaged, we look with so much contem] cowards, on those Who meanly beg their lives, and ai of saving the brave, the intrepid, and those who < their breasts to the sword; if, 1 say, we feel mor< those who seem above asking our pity, than tor tl earnestnefs ■ intreat it ; how mueh more ought we to be affected where the interests of our bravest citi/ens cerned? The words of Milo, ray lords, which I utters, and which I daily heat, kill and confound fellow-citizens, says he, flourish! may they he safe, m.r, be glorious, may they be happy ! May this renowned city | per, and my country, which shall ever be dear to me, in what- soever manner she shall please to treat me: since I must not live with my fellow-citizens, let them enjoy peace and tran- quillity without me \ but then, to me let them owe their liappU nefs. I will withdraw, and retire into exile; if I cannot be a member of a virtuous commonwealth, it will be some sati tion not to live in a bad one; and, as soon as I set foot within a well-regulated and free state, there will I fix my abode. cries he, my fruitlefs toils! my fallacious hopes! my vain and empty schemes ! Could I, who in my tribuneship, when the was under opprefsion, gave myself up wholly to the service of the senate, which I found almost destroyed ; to the s the Roman knights, whose strength was so much weakened ; to the service of all good citizens, from whom the oppn arms of Clodius had wrested their due authority ; could I ever have imagined I should want a guard of honest men to defend me? When I restored }-ou to your country (for we frequ discourse together,) could I ever have thought that I should be driven myself into banishment? Where is now that senafc whose interest we devoted ourselves ? Where, where, are those Roman knights of yours ? What is become of that \\ arm affection the municipal towns formerly testified in your favour? What is become of the acclamations of all Italy ? What come of thy art, of thy eloquence, my Tully, which bai often been employed to preserve your fellow - only person, to whom alone they can give no aisistanec ; 1, who have so often engaged my life in your defence ? Sect. XXXV. Nor does he utter such sentiment lords, as I do now, with tears, but with the same intrei tenanee you now behold. For he denies, he absolute that his fellow-citizens have repaid his services with ingratitude , but he confefscs they have been too timorous, too .. | .sive of danger. He declares, that in order to insure \ < M. T CICKRQNIS ORAT-I0NE3. dinem, quae, P. Clodio duce,' fortunis vestris irmninebat, e'aijrry quo tutior elset vita vcstra, suam se feeifse commemorat ; ut non rnodo virtute tteeteret, ( 68 ) sed etiam tribus suis patrimonies deliniret. : nee timet, ; ne, eiini plebeiu muneribus placant, vos non conciliarit mentis in' rempubiicum singulariivus. Senatus erga se benevolentiamtempovibus his ipsis s;.epe else perspectam : vestras vero, et vestrorum ordiiui'in occu'rsationes, studiay ser- mones, quemcunque eursnm for tun a dederit, sccmn se abla- turum else dicit. Meininit etiam sibi.vocem pryeConis mode de- iuifse, quam minime desidcrant; populi vero eunctis suilra^iis,; quod unum cupierit, se eonsulem dcclaratum ; mm6 denique, si haec^arma contra se sint futura, sibi faci irons su-spicionem,- nor* iacti crimen obstare. Addit hate, quae eerie vera sunt, FORTES ET SAPIENTES VIUOS non tarn praemia sequi solere recte factorum, . quam ipsa recte facta; se nihil in vita, nisi prsecla- nlsime, feeifse : siquidem nihil sit pi-a^stabilius viro, quam peri- culis patriam liberare: beatos else, quibus ea res honori fuerit at suis civibus: nee tamen, eos shiseros, qui bcueficio cites suos vicerint; sed tamen, ex omnibus pranniis virtutis, si efset ha- benda ratio prasmioriim, ( 6 9) ainplifsimum efse prsemium glo- riam; efse ' hanc imam, quse brevitateni vitae posteritatis memo- ria consolaretur ; quae etiiceret, ut absentes adefsemus, mortui viveremus : banc denique efse, cujus gradibus etiam homines in cceium videantur ascendere. I)e me, inquit ? semper popiilus Romanus, semper q pane's gentes loquentur, nulla unquam ob- mutescet vetustas; quirr hoc tempore ipso, cum omues a meis inimicis faces invidlse meae subjieiantur, tamen omni in homi- \um coetu, gratiis agendis, et gratulatiombus h abend is, et omni sermoni celebramur. Omitto j^truria; festos et actos, et institutos dies: centesima lux est base ab interitu P. Clodii, et, opinor, altera : qua fines imperii popuii Romani sunt, ea non solum fama jam de liio, sed etiam fcetitia peragravit. Quainobrem ubi (63) Sed etiam fribus suis patrimoniis deliniret.'] Milo had three estates ; one left him by his father, another by his mother, and the third by Caiu> Annius, his grandfather by the mother's side, by whom he was adopted. Ail the three he spent upon largefses arid public sports, for which he was charged with .bribery ;. but Cicero says, these largefses were bestowed iipon the people by Milo, with no other design but that the rich might be preserved from being robbed. (69) AmpUfsimum efse premium, the crier was only wanting ; a matter, in bis op in little importance. But now if these arn • he tui against him at last, it is a satisfaction to him thai it is not to his guilt, but to the suspicion of it. ih what is unquestionably true, that the brave and wise perfo great actions, not so much on account of the reward* attend i them, as on account of their own intrinsic excellence; ti through his whale course of life, whatever he has done I. nobly done, since nothing can he more truly great, than for a man to rescue his country from impending dangers: th arc without doubt happy, whom their fellow-citiz< paid with their due reward of honour, but that neither are th to be esteemed unhappy whose services have rewards. Yet, should we in the pursuits of virtue have an} its rewards in view, he is convinced that the noblest of all is glory; that this alone Compensates the short nets of lifo, b\ I immortality of fame ; that by this we arc still present sent from the world, and survive even alter death : and I the steps of glory, in short, mortals seem to mount to I Of me, says he, the people of Rome, all the nat *;arth, shall talk, and my name shall he km posterity. Nay, at this very time, when all my enemi bine to inflame an universal odium again, t me, ye: I the thanksy congratulations, and applauses of ever;. Not to mention the Tuscan festivals instituted in honoui •it is now about an hundred days since the death i and yet, I am persuaded, riot only the lauu: oj thi< ai tion, the joy arising from it, has readied beyond I of the Roman empire. It is therefore, continues 1 that though the sense of it should not roach to themselves, il w< at least to others; and that they Should be II when d I leaving the example of their virtues to the imitation of m 1 6 504 M. T. CICERONlS ©RATIONED corpus hoc s\ij non, inquit, laboro, quoniam omnibus in tenh et jj.ni versatur, et semper habitabit nominis mei gloria. XXXVI. Ha?C tu mecum snepe, his absentibas ; sed iisdenr auciientibus, hax ego tecum Milo. Te quidem, quod isto am- mo es, satis laudare non poisum, sed quo est ilia magis divina virtus j eo majqre a te dolore divellor. Nee vero, si mihi eri- peris, reiiqua est ilia tamen ad consolandum querela, ut his' irasei pofsim* a quibus tantum vuhvus accepero ;* non enim ini- mici mei te mihi eripient, sed amieifsimi: non male aliquando de me meriti, sed semper optime.- Nullum unquam, judices, mihi tantum dolorem inuretis (etsi^ quis potest else tantusr) sed ne hunc quidem ipsum, ut obhvisear, quanti me semper feceri- tis; quse si vos cepit oblivio, aut si in me aliquid offendistisy cur non id meo capite potius luitu-r, cjuam Milonis? Prseclare enim vixero ; si quid mihi accident prius/ quam .hoc tantum mail videro. Nunc me una eonsolatio sustentat, quod tibi, 6 T. Anni nullum a me anions, nullum studii, nullum pietatis officium defuit. ( 7o ) Ego inimicitias potentium pro te appe- tivi: ego meum Sirpe corpus et vitam objeci arm-is inimicorum. tuorum: ego me plurimis pro te supplieem abjeci: bona, for- tunas meas ae liberorum meorum in eommunionem tuorum temporum contuli: hoc clenique^ipso die, si qua vis est parata, si qua dimicatio capitis futura, deposco. Quid jam restat ? quid habeo qucxi dicam, quod i'aciam pro tuis in me mentis, nisi ut earn f'ortunam, qnsecunque erit tua, dueam meam? Non recuse, non abnuo: vosque obsecro, judices, utvestra beneficia, quae in me eontulistis, aut in hujus salute augeatis, in ,aut ejus- dem exitio occasura efse videatis. XXXVII. His lacrymis non movetur Milo ; est qiiodam in- credibili robore animi: exsilium ibi else putat, ubi virtuti non sit locus: mortem naturae finem else, non pcenam. Sit hie ea mente, qua natus est; quid? vos judices, quo tandem ammo eritis? memoriam Milonis retinebitis, ipsum ejicietis ? et erit. diguior locus in terris villus) qui hanc virtutem excipiat, quam Lie qui procreavit? Vos, vos appello, fortiisimi viri, qui mul- tum pro republica sangmnem eliudistis j vos in viri et in civis (70) Ego inimicitias potentium pro te appetivi.~] So warm and steady- was our orator's friendship to Milo, so great his attachment to him, that neither the number of the Clodian faction, nor the great power of Pompey,, could deter him from undertaking his defence. cicero's orations. hnportancc to mo, how this body of mine, is disposed of, the glory of thy name already tills, and shall ever pol region of the earth. I Sect. XXXVI. This, Mild, is what you have often talked to me, while these were absent; and now that tin sent, I repeat it to you. Your fortitude I cannot >uiheientlv applaud, but the riiore noble and divine your virtue appe trie, the more distrefs I feel in being torti from you. Nor you are separated from me, shall I have the poor consolation of Being tffigry with those who give the wound r for the separation is not made by my enemies, but by mv friends: not bv I ■who have at any time treated me injuriously, but bv those to whom I have been always highly obliged. Load me, mv lords, with as severe afflictions as you please, even with that I have just mentioned (and none surely can be more severe), yet shall I ever retain a grateful sense of your former favours. IJut if you have lost the remembrance of these, or if 1 have fallen under your displeasure, why do not ye avenge yourselves rather upon me, than Milo ? Long and happily enough shall I have lived, could I but die before such a calamity befall me. Now I have Only one consolation to support me, the eonsciousnefs of having performed fdr thee, my Milo, every good office of love and friendship it was in my power to perform. For thee, I have dared the resentment of the great and powerful: for th< have often exposed ttiy life to the swords of thy enemies: tor thee, I have oiten prostrated myself as a suppliant : I have cm- barked my own and my family's estate, on the same bottom with thine ; and at this very hour, if you are threatened with any violence, if vour life runs any hazard, I demand a share in your danger. What now remains ? what can I say? what can I do to repay the obligations I am under to you, but embrace your fortune, whatever it shall be, as my own ? I will not refu accept my share m it: and, my lords, I intreat you either to crown the favours you have conferred upon me by the preser- vation of my friend, or cancel them by his destruction. Sr.cT. XXXVII. Milo, I perceive, beholds my tears without the least emotion. Incredible thinned of soul ! he thinks him- self in exile there, where virtue has no place ; and looks upon death, not as a punishment, but as the period ot our lives. Let him then retain that noblenefs of soul, which is natural to him; but how, mv lords, are you to determine: Will T preserve trie memory of Milo,' and yet drive his person into banishment? And shall there be found on earth a place more worthy the residence of such virtue, than that which gave it birth? On you, on von I call, ye heroes, who have lost so much blood'ia the service of vcur country J to ymi, ye c* Kit M. T. CICERONIS ORATIQNES. invicti appcllo. periculo, centuriones, vosque milites:. vobis nan- modo inspectantibus, seel etiam armatis, et huic judicio praesir cfe'nt'ibus', hsfiC tanta virtus ex hac urbe expel.letur ? extermina- bitur? projicietur? O me iiuserum! me infelicem ! revocare tu me in patriam, Milo, potuisti per hos ? ego te in patria per epsdem retinere non potero? Qmd respondebo liberis meis, qui te parentem alterum putant? quid tibi, Q. frater, qui nunc abes, consorti rxiecum temporum illorum? me non potuifse Mifehis salutem tueri per eosdem, per quos nostram ille ser- vafsetr at in qua causa non potuifse ? quae est grata gentibus ? a quibus non potuifse? ab iis, qui maxime P. Clodii morte ac- quierunt ; quo deprecante ? me., Quodnam ego concepi tan- tum seel us ? aut quod in me tantum facinus admisi, judices, cum ilia indicia communis exitii indagavi, patefeci, protuli, ex- stinxi ? ( 7< ) omnes in me meosque redundant ex fonte illo dolores, Quid me reducem efse voluistis I an ut, inspectante me, e,x- pelierentur ii, per quos efsem restitutus ? Nolite, obsecro vos, pati, mihi acerbiorem reditum efse, quam fuerit ille ipse dis- cefsus. Nam qui pofsum putare me restitutum efse, si distrahor ab lis, per quos restitutus sum ? XXXVIII. Utinamdii immortales feeifsent (pace tua, patria,.. dixerim : metuo enim ne scelerate dicam in te, quod pro Milone di'cam pie) ut P. Clodius non modo viveret, sed etiam praetor, consul, dictator efset potius, quam hoc spectaeulum viderem. O dii immortales I fortem, et a vobis judices, that you had sacrificed your resentments and \ the authority of this order, and the digDity of the unanimous ihtercefsion of the senate, with nerous determination in his favour, has this d the services of his past life ; whence you mav a degree of merit must attend the cohferi there is so much glory in receiving it. Happ deed, whose safety affords no greater joy to Ini mankind! and such is the case of Marcellus, who hid serves the fortune that attends him : for who more illustrious than he? who more upright? who more fond of usefiil learn- ing? who more virtuous ? who pofsefsed of more laud. complishments ? Sect. II. No flow of genius, no force of eloquent of description, is sufficient, Caesar, I will not say to embellish but even to recount your exploits : yet this I aiririu, and , with deference insist upOn, that from none of them will i reap greater glory than from that of this day. It lias often oc- curred to me, and I have often declared it with pleasure, that none of the achievements of our own commanders, none of foreign nations,, none of the most potent people, none of I most illustrious monarchs, are worthy to he computed with yours, either in regard to the importance of the contests', I number of battles, the variety of countries, the celerity quest, or the diversity of enterprises. Countries, distant from each other, could not have been sooner tr. through, I will not say than they have been traversed by j . mies, butsubdued by your victories'. These ar< so extraordinary, that it were madnefs not to confe are almost too great for human conception ; but tin ing the citizen at Rome, he ordered bim to be seized and publi an indignity, from which all citizens were exempted by law ; I man go and show those marks of his citizenship to < (4) Nee numero prccliorum.'] We are told by Pliny, tha Used to say, bis conquests in Gaul had cost about a million and tv. dred thousand lives, if the civil wars arc added to ti tious monster must have made greater desolation in the world, ll tyrant perhaps that ever lived in it. (5) Nee varietate regionum.~\ C;esar had waged' war in Spain, fti Gaul, Egypt, Germany, Asia, Africa, and Greece, lie pey, at rharsalia; Ptolemy, in Egypt ; Phamaces kh •in Pontus; Scipio and Juba, in Africa ; and the sons of romp ,512 M. T. CICERO^IS OR4TIONES. alia majora. Nam bellieas laudes solent quidam extenuare verbis, easque detrahere ducibus, cpmmunicare cum militibus, ne propriae sint imperatorum ; et certe in armis, militum virtus ■ locorum opportunitas, auxilia sociorum, clafses, commeatus multam juvant } maximam yero partem quasi suo jure fortuna sibi vindicat, et quidquid est prospere gestum, id pene omne ducit suum. At vero hujus glorias, C. Caesar, quam es paulo ante adeptus, socium habes neminem ; totum hoe quantumcun- qite est, quod certe maximum est, totum est, inquam tuum; nihil sibi ex ista laude centurio, nihil prifectus, nihil cohors 3 nihil turma decerpit: quin etiam ilia ipsa rerum hunianarum domina fortuna in istius se societatem gloriac non ortert: tibi cedit; tuam efse totam, et propriam fatetur; nunquam enim temeritas cum sapientiacommiscetur, nee ad consilium casus admittitur. III. Domuisti gentes immanitate barbaras, multitudine innu- merabiles, locis infmitas, omrii copiarum genere abundantes ; sed ea tamen vicisti, quae et naturam, et conditionem ut vinci pos- gent, habebant ; nulla est enim tanta vis, [tanta copia] qua? nori ferro ac viribus debilitari frangique pofsit;: verum animum vin- cere, iracundiam cohibere, ' victoriam temperare, adversariuui nobilitate, ingenio, virtute praestantem, 4 ,npn modo extpllere ja- centem, sed etiam amplificare ejus pristinam dignitatem ; ( 6 ) hsec qui faciat, non ego eurft ciim summis viris comparo, sed similli- miiffl Deo judico. ltaque, C. Caesar, bellicae tuae laudes celebra- buntnr illae quidem non solum nostris^ sed pene omnium gen- tium Uteris atque linguis : neque ulla unquam aetas de tuis lauui- bus conticescet. Sed tamen ejusmodi res, nescio quomodo, etiam dum audiuntur, aut dum leguntur, obstrepi clamore mi- litum videntur, et tubarum sono. At vero cum aliquid clementer, tnansuete, juste, moderate, sapienter factum, in iracuridia praj- sertim, quae est inimica consilid, et in victoria, quae natura in- sblens et superba est,' aut audimus, aut legimus; quo studio in- cendimur, non modo in gestis rebus, sed etiam in fictis, ut eos saepe, quos nunquam vidimus, diligamusr Te vero, quern pra> sentem intuemur, cujus mentem sensusque et os cernimus, nt, quidquid belli fortuna reliqUum rerpub. fecerrt, id else sal- v'u'm velis, quibus laudibus efTeremus ? quibus' studiis proseque- rnur? qua benevblentia complectemur ? parietes, medius ficlius, (6) H(£C qui faciat^ non ego eum cum summis viris comparo, sed siniili- mum Deo judico.'] The high compliments paid to Casar in this oration, have given some handle for a charge of insincerity against Cicero. It ought to be considered, however, tfiat lie was delivering a speech of tlvuiks^ in the name and at the desire of the senate, where his subject naturally re- quired the embellishments of Oratory-; besides, it appears from a letter to one of Caesar's principal friends, that he entertained no small hopes at this time^that Cassar intended to restore the republic; and all bis compliment are grounded on this supposition. CICFRO S ORA'IK ;, | 5 attainments even greater than these. 1-or m predate military glory, and, lest the conn too much, take: part from the officer, am soldier. And certainly in war, the bravi advantage of si tuation, the aid of aiiic are of great importance: and after ail, tqrtUtu right, claims the gre;u<. gt shara; and Ivij sueeefs, she for the most part ai glory, Ca-sar, which you have lately acquired, yon I sociate ; how great soever it is, and greater, it is ail your own. No 'commander, i. n, no troop, no battalion robs you here; nay, even fortune, thi defs who presides over human afrairs, claim honour ; to you she resigns it, and acknowledges it is en! it is absolutely, your own : for rashncls never mingles with ilom, nor chance with counsel. Sect. III. You have subdued nations fiercely barbarous, im- tTiensely numerous, at an infinite distance from each i abounding in every thing necefsaiy for war; but these were conquests which the nature of things rendered pqfsible. ho force is so great, no power so extensive, but is capal being reduced by greater force, of being overcome by mo tensive power; but he who subdues the mind, wbo supj his resentment, who uses victory with moderation, wnp tut only raises an ingenious, an illustrious and brave adi the honour from which he .was fallen, but heightens and em larges his former dignity: he who does this, sutlers by a com- parison with the greatest of human characters ; for he resembles the Deity himself. Your military praises, Caesar, shall be ccjej. brated ; they, I say, shall be celebrated, not only among>i us., but in every language, in the annals of every nation, and the latest posterity shall proclaim them. The fame of the- ploits, however, while we read of them, seems, I know not how, to be drowned amidst the shouts of armies, and t!. of war ; but when we read or hear of a eompafsionate, a gene- rous, a 'humane, a just, a moderate, a prudent act performed while in anger, that foe to deliberation, and in the triumph of victory, when men are generally proud and insolent ; such an ardent affection are we inflamed, that we in love with persons whom we never saw ; and this not while we contemplate realities, but even while pictures of the imagination. But wit'b what gratitud* embrace, with what veneration approach, with wte shall we cro^ n you, whom we have constat):: whose disposition, whose inclination, w seems to promise thm < hi the late war, shai] be 514 M. T. CICERONIS GRATIONES. (ft. C;csar, utmihi videtur,hujus curiae tibi gratiasagere gestiunt, quod brevi tempore futura sit ilia anctoritas in his majorum suoru&i, et suis sedibus. IV. Equidem ( 7 ) cum C. Marcelli, viri optimi, et commemo- rabili pietate [ac virtute] praediti lacrymas modo vobisc&m vi- derem ; omnium Marcellorura ineuni pectus memoria effodit : fjuibus til etiani mortuis, M. Marcello conservato, dignitatem suani reddidisti, nobilifsimamque familiam, jam ad paucos re- dactam, pene ab intefita vindicasti. Hunc tu igitur diem ( 8 ) tuis maximis et innumerabilibus gratulationibus jure antepones: haec enim res nnius est propria C. Caesaris : caters, duce te, gestae, niagnoe iilae quidem, sed tamen multo magnoque comi- tatu; hujus autem rei tu idemet duxeset comes : quae quidem taut! est, ut tropaeis, mbnumentisque tuis [nulla unquam] ailatura $it finem setas. ; nihil enim est opere, ant nianu factum, quod aliquando non conficiat et consumat vetustas ; at vero haec tua justitia, et lenitas animi florescet quotidie magis, ka ut_, quantum operibus tuis diuturnitas detrahet, tantum afferat laudibus, Et eaeteros quidem omnes victores bellorum civilium jam ante aequi- tate et misericord ia viceras, hodierno vero die te ipsum Vicisti. Vereor, ut hoc, quod dicam, perinde intelligi auditu pofsit, at r que ego ipse cogitans sentio. Ipsam. victoxiam vicifse videris, cum ea ipsa, quae iMa erat adepta, victis remisisti ; nam cum ipsius victorias conditione jure omnes victi occidifsemus, de- mentias tuae judicio conservati sumus ; recte igitur unus invictu-s :es, a quo etiam ipsius victorias conditio visque devkta est. V. Atque hoc C. Caesaris judicium, P. C. quam late pateat, attendite ; omnes enim, qui ad ilia arma fato sumus nescio quo reipublicos misero funestoque compulsi, etsi aliqua culp& te- nevnur erroris humani, a scelera certe liberati sumus; nam cum M. Marcellum, deprecantibus "vobis, reipublicas conserva- vit, memet mihi et item reipnblicae, nullo deprecante, reliquos amplifsimos viros, et sibi ipsos r et patriae reddidit ; quorum et frequentiam et dignitatem hoc ipso in consefsu videtis ': non ille bostes induxit in curiam, sed judicavit, a plerisque ignoratiorie potius, et falso atque inani metu, quarn cupiditate aut cru- delitate bellura efse susceptum ; quo quidem in bello semper de CO Cum C. Marcelli, viri optimi, et commemorabili pietate prcediti lacry- mas modo vobiscum viderem.~\ This C. Marcellus was consul with L. Len- tulus, in the first year of the civil war. He was brother to Marcus Mar- cellus, and addrefsed Cssar in his behalf, in a very humble and affectionate manner. (8) Tuis maximis et innumerabilibus gratulationibus.'] Caesar, on account of his succefses in Gaul, had a supplication or public thanksgiving of twenty-five days decreed him; an honour which, he himself says, had never before been ' granted to any: and when the civil wars were at an end, ac- cording to Dio., forty days were decreed to him for the same purpose. cicero's orations. 51$ ar, the walls of this couu seem with transport to p*] grateful acknowledgment? to you ; conscious, ere long the authority of our anc within them. Sect. IV. Indeed when I beheld the teacs whi< larly pious, that best of men, C. Marcellus, po you, the memory of all the Marcelli struck n whose dignity, even after their death, you hav preservation of M. Marcellus; and rescued that ilhisl now well nigh extinct, from almost total ruin. Ju may you prefer the glory of this day to that of your mm heroic deeds ; for this is the act of Caesar alone. ( are the exploits which have been performed under your cc .duct; yet they were performed with great, with powerful sistance. In the act of this day you are yourself the conductor, yourself the afsistant ; an act so truly great, that tin- shall not consume the trophies and monuments it has rear* all the works of art and labour must be destroyed I but this proof of your justice, and gentleness of disposition, shall daily flourish more and more ; so that in proportion as tune shall consume the other monuments of your greatnefs, it shall heighten the glory of this. You had before risen superior, in the virtues of equity and mercy, to every other conqueror our civil wars; this day you have risen superior to yourself. But what I say, I am afraid, falls infinitely short of what 1 I permit me therefore to add, that you seem to have triumphed over victory herself, since you have restored to th what you had gained by the conquest. For by the right arms we might all have been treated as enemies; but your i mency saved us: you alone, therefore, are invincible, since ev victory is by you stripped of all her power and pro Sect. V. And observe, conscript fathers, how widely clemency of Caesar extends. All of us, who were di ; the war by an unaccountable and destructive fatal';;. state, though we are certainly in some degree liftbl putation of human infirmity, yet are we evidently acquitu guilt. For though he has, ' at your inl M. Marcellus to the republic, yet has he, unsolicited, to myself and to the state; anil likewise restored, to th and to their country, those illustrious men, whose number and dignity grace this afsembly : he has not brouj within these walls, but generously imagined that ffl who opposed him, engaged in the and groundlefs fears, than from principles of ambition « of cruelty. In that war, indeed, I thought it always advii 516 M. T. CICERONIS ORATIONES. pace agendum, audiendumque else putavi; semperque dolui ? pan modo pacem, sed orationem etiam civium pacem flagitan- tinni repudiari. Neque enim ego ilia, nee ulla unquam secutus sum antia Ciyiliaj semperque ni'ea con silia pacis et togab socia, non belli atqUe armorum tuerunt; hominem sum secutus privato Officio, non publico: (9) tantumque apucl me grati anirni fidelis laemoria valuit, ut nulla non modo cupiditate, sed ne spe qui- dem, pruuens et sciens, tanquam ad interitum ruerum volunta- ry urn. Quod quidem uieum consilium menime obscurum fuit; nam et in hoc online, integra re, multa de pace dixi; ( IO ) et id ipso bello eadem etiam cum capitis mei periculo sensi. Ex quo jam nemo erit tain in Justus re'rum animator, qui dubitet, qua? Ciusaris voluntas de bello fuerit, cum pacis auctores conservandos statim censuent, ceteris fuerit iratior. Atque id minus miruni videretur fortafse turn, cum efset incertus exitus, et anceps for- tuna belli; qui vero victor pacis auctores diligit, is profecto de^ clarat, se maluifse non diniicare, quam vincere. VI. Atque hujus quidem rpi M. Marcello sum testis; nostri enim sensus, utin pace semper, sic turn etiam in bello congrue- bant; quoties ego eum, et quanto cum dolore vidi, cum inso- lentiam certorum homiuum, turn etiam ipsius victoriae ferocita- tem extimescentem? Quo gratior tua liberalitas, C. Ca?sar, no- bis, qui ilia vidimus, debet else; non enim jam causae sunt inter se, sed victorias coniparandae. Vidimus tuam victoriam prcelio- rum exitu terminatam; gladium Vagina vacuum in urbe non vidimus; quos amisimus cives, eos Martis vis perculit, non ira yictoriae : ut dubitare debeat nemo, quin nmltos, si fieri polset, C. Caesar ab inferis excitaret; quoniam ex eadem acie cbnservat quos potest, Altenus vero partis (") nihil amplius dicam, quarn (9) Tantumque apud me grati animi fidelis memoria valuit. ~] Though Ci- cero certainly preferred the cause of Pornpey to that of Ca?sar, yet his per- sonal affection for Pornpey, and his gratitude for favour? received, which had ever the greatest weight with him, had no small share in determining him to join him. For though he was displeased with Pompey's manage- ment of the war, and had no hopes of his succefs; though he knew him before to be no politician, and soon perceived him to be no general; yet, with all his faults, he could not endure the thought of deserting him. (10) Et in ipso bello eadem etiam cum capitis. mei periculo sensi. ~\ Cicero was not present at the battle of Pharsalia, nor w r as Cato, who staid behind also in the camp at DyrfaCrfurrh, which he commanded with fifteen co- horts, when Labienus brought them the news of Pompey's defeat: upon •which Cato ottered the command to Cicero, as the superior in dignity ; and upon his refusal of it, as Plutarch tells us, young Pompey was so en- raged, that he drew his sword, and would have killed him on the spot, if Cato had not prevented it. Though this fact is not Trtentioned by Cicero, yet it is probable that he refers to if in this pafsage. (11.) Nihil amplius dicam, quam id, quod omncs rerebamur, nimis ira- cundam, futuravifuifse victor iam.~\ It appears from many of Cicero's let- ter?, that he was frequently shocked when he considered with what cruelty and effusion of civil blood the succefs even of his own friend? would cef* CiVERu 8 ORATK f \to hearken to proposals of peace, ami a i that not only an accommodation, hut even citizens who earnestly impierrd it. was 1 was I active in these or .any oilier civil i 'ways been an advocate; tor peai finemy to war and bloodshed. I joined JV not political principles; and so grateful sense of my obligations to h'uu, that not any ambition, but even without anv hope, I rusl upon evident destruction. My advice icL. far from being secret. Before matto r> can; stated largely the advantages of peace in thij during the war I maintained the same opinion, i hazard of my life. Whence none can form so unjo , mate of things as to doubt what were the sent hue: upon this head, since he immediately resoh'ed to pi , who were the advisers of peace, but behaved with un ment to the rest. This conduct might not perbap surprising, when the event el" the war was uncertain, and . tory doubtful; but when he who is victorious caivlx of peace, he gives the clearest proof that be would rather q have fought, than have conquered. Sect. VI. And as to this point, I am an evidence in behalf of M. Marcelfus; for our sentiments were always the same, as well in war as in peace. How often, and with what < i have I seen him trembling at the insolence of some a: us, and the inhumanity to which victory might trauap them? Hence it. is, Caesar, that we who have neon Watnel 6f these things, ought to be the more sensible of your genero- sity; for we are not now weighing the merits of the cause, but the consequences of victory. We have seen your victor in the held w here it was won, and have never se id drawn within our walls. The: citizens we lost fell in battle, not by the insolence of victory ; whence there no doubt but that if it were potsible C;vsar would recall from the shades, since he now saves all he can from destru tion. As to the other party, I shall only add what wc \ afraid of, that had they been succefsful, they would have L fainly be attended. For Pompey, on all occasions afferted lo Sylla, and was often heard to say, Could S'^c'/a do sm J do it ? as if determined to make Sylla's victory the pal He was in much the same circumstances h: which. that coi been; sustaining the cause of the aenate by his arms, and I enemy by those who poi'sefced Italy ; and as he flatt ith the same good fortune, so he was meditating tin- sum- a, and threatening ruin and proscription to . 6 513 M. T. CICERONIS ORATIONES, id, quod omries verebamur, nimis iracundam fnturam fuifsd victoriam ; quklam enim non modo armatis, sed interdum etiam otiosis minabautur: nee, quid quisque sensifset, sed ubi fuiiset, cogitandum efse dicebant: ut mihi quidem videantur dii im- mortales, etiam si pcrnas a populo Romano ob aliquod delictum expetiverunt, qui civile bellum tatitum et tarn luctuosum excita- verunt, vel placati jam, vel etiam satiati abquando omnem spem salutis ad clementiam victoris et sapientiam contulifse. Qjuare gaude tuo isto tarn excellenti bono, et fruere cum fortuna et gloria,tum etiam natura et moribus tuis : ex quo quidem maxiinus est fructus jucunditasque sapienti ; csetera cum tua recordabere, etsi perssepe virtuti, tamen pier unique felicitati tuae gratula- bere : de nobis, quos in repub. tecum simul salvos else voluisti, quoties cogitabis, toties de maximis tuis beneficiis, toties de incredibili liberal itate, toties de singulari sapienti a tua cogita- bis: quae non modo summa bona, sed nimirum audebo vel sola dicere; tantus est enim splendor in laude vera, tanta in mag- nitudine animi et consilii dignitas, ut haec a virtute donata, ce- tera a fortuna commodata else videantur. Noli igitur in con- seryandis bonis viris defatigari, non cupiditate praesertim, aut pravitate aliqua lapsis, sed opinione officii, stulta fortaise, certe non improba, et specie qUadam reipublicae: non enim tua ulla culpa est, si te aliqui timuerunt; contraque summa laus, quod plerique minime timendum fuifse senserunt. VII. Nunc vero venio ( I2 ) ad gravifsimam querelam, et atro- cifsimam suspicionem tuam ; quae non tibi ipsi magis, quam cum omnibus civibus, turn maxime nobis, qui a, te conservati sumus, providenda est; quam etsi spero efso ialsarn, nunquam tamen verbis extenuabo: tua enim cautio, nostra cautio est ; ut, si in alterutro peccandum sit, malim videri nimis timidus, quam pa- rum prudens: sedquisnam est^iste. tarn demens? de tuisne? tametsi qui magis sunt tui, quam quibus tu salutem insperanti- bus reddidisti? an ex eo numero, qui una tecum fuerunt? non est credibilis tantus in ullo furor, ut, quo duce omnia summa sit adeptus, hujus vitam non anteponat suae. At si tui nihil (12) Ad gravifsimam querelam, et airocifci mam suspicionem tuam.'] When Marcellus's brother threw himself at the feet of Caesar, and applied for a pardon in the most humble and affectionate manner, Caesar complained greatly of Marcellus, and said he suspected that he designed to lay snares tor him, CICT.RO S ORATIo outrageous, since some amongst them qoi »nl) l who were actually in arms, but sometim ,<{ inactive, and publicly declared they would man thought, but where he hud been: so that il if the immortal gods (though they mai tive, this calamitous civil war to punish the lloman some aggravated offence) being appeased or had at length directed us to hope for safet) ii« and compafsion of our conqueror. \ amiable quality ; enjoy your tortuno i virtue and noble disposition ; hum which the highest delight and satisfaction. When other illustrious actions of your life, though you will tin son to attribute much to your bravery, yet moi buted to your good fortune ; but as often as you think whom you have reserved to enjoy with yourself tl of our country, so often shall be revived in your mind tin sing remembrance of your extensive beneficence, of your I ing generosity, . and of your unparalleled wisdom ; which, I will venture to say, not only constitute the hi but the only happinefs of our natures. So distinguished a In I is there in deserved applause, so great a dignity in magnaniui. and true wisdom, that these seem the gift of virtue, whil blefsings are only the temporary loan ot* fortune. Cootfti therefore to protect the good ; those especially who fell not through ambition or depravity of mind, but erred thro imaginary apprehension of their duty, weak peri not criminal, and supported by an appearance of patriotism. you have been dreaded by any, their fears are not to to your account;, on the contrary, it is your highest not; most men now perceive there was no foundation ior them. Sect.. VII. I now proceed to your heavy cha suspicions; suspicions that call not more Ion cumspection, than for that of every Roman, but mo for ours who are indebted to you tor our security : and I hope they are groundlefs, yet I will not, by what I snail n say, endeavour to lefsen them. For in your pre con-, sists our safety; so that were I to err in either extreme, I would rather appear timid than imprudent. But woe outrageously desperate ? Is he among your friends? Who be more so than those whom, contrary to their own expectatu you rescued from ruin? Is he among the number of th who accompanied you to the war? It is not to I that any of them can be so madly infatuated, as not r to his own life, the life of him under whose command risen to every thing he could wish for But though you; 52(f M. T. CtCERQNiS OfcATIONES.' cogitant sceieris; cavehdum est, ne quid inimid: qui? on. enim qui fuerunt, act sua pertinaeia vitam anuserunt, aut tua ini.^ericordia ret inner tint •: ut aut maili supersint de inimis, aut,- j qui super! ucrunt, arnidfsiriii siut. Sed tamen, cum in animis hominum tanta3 lateb'rssfc sirit; et tanti reccisus, augeamus sane susnieionem tuam: sinnrl enim augebimus et diligentiam ; nam quis est omnium tam ignarus rerun i,' tarn rudis m repub. tain nihil iinquam nee de sua, nee de comnuini salute cogitans, qui non inte'Jigat, tua salute contineri sifero? et ex" unius tu'a vitam pendere omnium ? Equidem de fee dies 1 noctesque lit debeo, cogitans, casus duntaxat humanos et incertos eventus vaietudmis, et natural communis rVagilitatem extimeseo*, doieoque cum res- publiea immortalis efre debeat, earn in unius mortalis anima consistere: si vero ad humanos Casus, incertosque eventus vaie- tudinis, seel er is etiam aceedat, insidiarumque eonsensio ; quern deum, etiam si capiat, opitu-lari pofse reipubliese credaraus? VIII. Omnia sunt excitanda tibi ± C. Caesar,, uni, qu*c jaeere sentis, belli ipsius impetus quod neeefse fuit, percnlsa at que pro- strata: ( l3 ) constituenda judicia, re^vx?£ai3$a fides, compnmendie- libidines, propaganda soboles : omnia, quas dilapsa deiiuxeruut, severis legibus vincienda sunt. Non £uit recusanduni in. tanto bello civil i tan toque animorum ardore et armorum, quin quas-i sata respublica, quicunque belli eventus fuiiset^ muka perderet et.Qrnamenta dignitatis, et prggsidia stabiiitatis sua?; multaque uterque dux faeeret armatus, quae idem togatus fieri probibuis- set: quce quidem nunc tibi omnia belli vutera curanda sunt, qnibus prater te mederi nemo potest. Itaque illam tuam prse- clarifsimam et sapientilsimain vocem invitus audi.vi, satis te din vel naturae vixitse, vel gloria? * satis, si. ita vis, naturse fortafse ; addo etiam, si placet, gloria*} at, quod maximum est, patriae certe parum. Quare omitte, quaeso, istam doctorum hominum in contemnerida morte prudentiam ; noli nostro periculo sa- piens else; saepe enim venit ad aures meas, ('*) te idem istud (13) Constituenda judicia, revocanda fides, 8 l M. T. CICKROMS ORATIONe£. minis crebro dicere, satis tc tibi vixifse; credo: sed turn icT audi* rem, si tibi soli vivcrcs, au't si tibi etiam soli natus efses; nunc, oum omnium sal litem civium, eunctamqne rempublicam res tua? gosta: oomplexa v smt, tantum abes a p^rfectioue maximorum operum, ut i'undamenta, qua cogitas, nondum jeceris. Hie ttf modum tua vita, nou salute reipublica?, sed aquitatc aniini de- tunes ? (mid, si istud ne gloria:; qu'idem tiKc satis est ? Cujus te" efse avidifsimum, quamvis sis sapiens, non negabis; Parumne igitur, inquies,gloriam magnam rclinquemus ? immo vero aliis, quamvis rmiltis, satis; tibi uni par am; (juidqiieemm est, quam- vis anipltun sit, id certe par um est turn,- cum est aliquid amplius, Quod si verumttfarum hnmortalium, C. Casar, hie exitus futu- rtis fuit, ut, devictis adversariis, rempublicam in eo statu felin- quotes in quo nunc est; vide quaso, fire tuadivina virtus admi- rationis plus sit habitura quam gloria? : si quidem gloria est illus- iris ac pervagata niultorum et magnorum vel in suos, vel in patriatn, vel in omnegenus-hominuiii'fama meritorum. IX. H«c igifar tibi reliqua pars est : ( I5 j hie restat actus : i ; n hoe elaborandum est, tit rempublicam constituas', eaque tu imprimis, cum summa tranquillitate et otio, perfruare: turn te, si voles, cum et patriae, quod clebes,solveris, et iraturam ipsarn expleveris satietate vivendi, satis diu vixifse dicito. Quid est enim omnino Iioc ipsum din, in quo est aliquid extremum, qnod cufn venerit, omnis volnptas pneterita pro nihilo est, quia postea nulla futura sit? quanquarn iste tuns animus mm quam hisangusths,quasna- tura nobis ad vivendum dedit contentus fait ? semper rmmortali- tatis amore rlagravit. Nee vero bac tua vita dicenda est, qua; corpore et spiritu continetur : ilia inquam, ilia vita est tua, Cutsar, qu;^ vigebit memoria saculorum omnium, quam posteritas alet, quam ipsa seternitas semper tuebitur ; huic tu inservias, huic te ostentes oportet : qua? quidem qua? miretur jahipriden* multahabot; nunc, etiam qua laudet exspeetat: obstupescent ' posteri certe imperia, provincias, Rhenum, Occaimm, Nilum, pugnasinimmerabiles, incredibiles victorias, monumeuta, ( ,6 ) mu- nera, triumpbos audientes et legentes tuos ; sed nisi hac urbs stabilita tuis consiiiis ct iustitutis erit, vagabitur modo nomeri (t5) Hie restat actus."] A parage from one of our orator's letters to his brother Quinrus, will illustrate this manner of exprefsinn. ' likidte ad * extremum, '.wry.? he, 'et oro, et horlor, ut, tanquam poeta 1 boni, et adores ' industrii solent, sic tu in extrema parte, et conclusione mur^iis, ac nego- * tii, tut diligentiisimus sis, ut hie tertius annus imperii tui, tanquam terfma 'actus, periectifsimus attjuc ornatifsimus fnitse vicleatur.' (\6),Alu/iera.'] It was customary for the Roman generals, after obtaining a victory, to give such of their soldiers as had distinguished themselves by tneir bravery, n congiarivm,' which, among the Romans, was a gen cwl !,:vunefor all presents given on that oecasion, vvfeether money, corn, &c- CICFRC)'* ORATIOVS. 32. ' voiirsclf, or were bprtr for yourself alone Bui s.-tlcrvul evcr> citfecijr, arid th* A "oe nncxion with vonr condui having perfected; that rou have n Hiat important work you meditate. Will life- then by tire ^ooilncls of yum- \rn d the happirleis of the state? bin what i!' that should feted for the purposes of glorv, which, wi must acknowledge to be die leading pal I then, say you, leirre behind me aufy an of glory? for others it would bo am it is inconsiderable : for how great itself, it is still but small whom cotnp greater. Therefore, if after having con \u Uesar, you close the scone of tlvno action-; whu \\ you immortal by leaving the state in ware, t intreat you, lest your divine virtues do ubi the admiration of others, than brighten yo true glory consists in the honourable and UlUTersal of having done many and important services, either to friends, his country, or the whole race of manki. Sect. IX. This part of the drama is yet to scene is yet to open: you must use your Utmost end. settle our constitution, that you may be amor: joy the fruits of it, in* the sweets of tranquillity and retirement; then, if you please, when you have paid the debt vi your country, and when nature is satiated with living, vou may declare that you have lived long chough. B all, how can even this period be termed long- cnou_. must have some end, cancelling- all, past pK arrives, because there is none to succeed ? Your soul ha- been satisfied with the narrow limits of life, which : prescribed us, but has ever glowed with an ardent Ion« immortality. Nor can this be called your I: in the union of the soul and body; that alone, Ciesar, tl say, is your life, which shall be preserved in the mem- every succeeding age, shall be cherished by ; , and defended by eternity itself. For these you'nv ir, to these you must approve yourself : many of your p.i -'hall excite their admiration ; something now is wantinj shall merit their applause. Future ages will, no doubt, be struck with surprise, when they read, and hear of vou\ mauds, your province:-, the lUunc, the Oce l innumerable battles, your incredible victories, your num. trophies, rich donations, and splendid triumphs- but Quid city is strengthened bv your counsels, and guarded by your your fame indeed will* be scattered throughout L 1 I 524 M. T. CICERONIS 0RATI0N2S. tuum longe atque late, scdem quidem stabilem. et domicilium- certuui non habebit. Erit inter eos etiam, qui nascentur, sicut inter nos fuit, magna difsensio: cum alii laudibus ad ccelum res mas gestas efferent : alii fortafse aliquid requirent, idque vel maximum, nisi belli eivilis incendium salute patriae restmxeris: ut illud fati fuiise videatur, hoe consilii. Servi igitur iis etiam judicibus, qui multis post seculis de te judicabunt, et quidem baud scio an incorruptius, quam nos; nam et sine amore, et sine cupiditate, et rursus sine odio et sine invidia judicabunt. Id autem ('7) etiam si tunc ad te, ut quidem falso putant, non pertinebit, nuuc certe pertinet, te efse talem, ut tuas laudas ob- seuratura nulla unquam sit oblivio^ X. Diversa; voluntates civium fuerunt, distractaeque senten- tiae ; non eniin consiliis solum et studiis, sed armis etiam et cas- tas difsidebamus. Erat autem obscuritas quasdam, erat certamen inter clarifsimos duces : multi dubitabant, quid optimum efse ; multi, quid sibi expediret; multi quid deceret; nonnulli etiam r quid liceret. Perfuncta respublica est hoc misero fatalique belld t vicit is, qui non fortuna inflammaret odium suum, sed bonitate feniret ; nee qui omnes, quibus irafcus efset, eosdem etiam exsilio^ aut morte dignos judicaret: arma ab aliis posita, ab aliis erepta sunt. Ingratus est injustusque civis,, qui armorum periculo li- beratus, animum tamen retinet armatumr ut etiam ille sit me- lior, qui in acie eecidit, qui in causa animam. profudit; qua? enim pertinacia est quibusdam, eadem aliis constantia videri potest. Sed quia jam omnis fracta difsensio est armis, et ex- tincta aequitate victoris ; restat, ut omnes unum velint, qui modo habent aliquid non solum sapientiae sed etiam sanitatis. Nisi te, C. Caesar, salvo, et in ista sententia, qua cum antea, turn hodie vel maxime usus es, manente, salvi else non pofsumus. Quare omnes te, qui haec salva efse volumus, et hortamur, et obsecra- mus, ut vitae,. ut saluti tuse consulas: omnesque tibi (ut pro aliis etiam loquar, quod de me ipse sentio) quoniam subefse aliquid pittas, quod cavendum sit, non modo excubias et custodias, sed etiam laterum nostrorum oppositus et corporum pollicemur* XI. Sed ut ; unde est orsa, in eodem terminetur oratio raea ; roaximas tibi gratias agimus, C. Caesar, majores etiam habemus. v (17) Etiam si tunc ad te, ut quidam falso putant^ non pertinebit.~\ Accord- ing to Sallust, CiEsar did not believe that the souls of men "Were immortal, for which Cicero, in this pafsage, gently reprehends him. CICERo's ORATIONS. it will have no fixed residence, no certain place of al, Those who shall arise hereafter will, like us, be- dh opinions ; while some extol your actions to the perhaps will wish that somewhat, nav, a great deal m< been done; unlets by restoring liberty to your counti 'the extinction of civil discord, you show that the i work of fate, the other tnat of wisdom. Hav fore, to those who will pafs sentence lipqn your conduct m ages hence; and whose judgment, it* I mistake not, will be more impartial than ours, as it will be uninfluenced I ambition, envy, or resentment. And though, as somi imagine, you should then be unconcerned at all thi 4t now concerns you to act such a part as that your gi ; never be buried in oblivion. Sect. X. Various were the 'inclinations of the citizens, and their opinions wholly divided ; nor did we differ only in senti- ments and wishes, but in arms and in the field. Tie merit the cause were dubious, the contest lay betwixt two of our m illustrious leaders: many doubted which was in the rt^ht; many, what was most convenient for themselves ; main , whai was decent; some also, what was lawful. The republic is n freed from this fatal, this destructive war, and victory has fa- voured him whose resentment is not inflamed by succefs, but softened by clemency ; him who has not ad judged, to death or banishment, those who were the objects of his displeasure. Some have quitted their arms; from others they have been forced. Ungrateful and unjust is that .citizen, who being de- livered from the danger of war, retains; trie wrathful spirit of a warrior; far more amiable is he, who falls in the held, and pours, out his life in defence of the. cause he had, espoused ; for what some will thiiifc obstinacy, others will call constancy. Now, since all civil discord is quashed by your arms, or extinguished by your clemency, it remains that ail of us, who have share of prudence, or even common understanding, should unite in our wishes. We can never be safe, Caesar, unlcls you continue so, and retain the same principles which you have, dis- covered on other occasions, but particularly on this da v. Therefore, all of us who wish the security* of our constitution, earnestly desire and intreat you to have a regard to your life and safety; and all of us (I now speak for others what are the sentiments of my own heart) seeing you apprehend some rea to be on your guard, promise not only to protect you bv day and night, but offer our own bodies and cur own breasts as the shield of your defence. Sect. XL But to close all, as J began : great are the thanks, Caesar, we now return you; and greater than these shall you LI 3 #66 M. T. CIG&UONIS OKATIO^ES., Nam omnes idem scntiunt, quod ex omnium precious et lacry^ mis sentire potuisti. ( ,8 ) Sed quia non est stantibus omnibus ne- ocise dicere, a me certe dici volunt, cui necefse est quodani- modo, et quod volunt, et quod, M. Marcelio a te buic ordini populoque Romano et reipublicqp reddi^o, praecipue id a me iieii debereintelligo; nam l&tari omnes, non ut de unius solum, sed ut do communi omnium salute, sentio : quod au tern fiimma; benevolentjas est, qu;ii mea erga ilium omnibus semper nota fuit, ut vix C. Marcelio, optima et ainantiisimo .fratri, prater cum quidem cederem nemini; cum id soKcitudme, cura, la- \iore, tamdiu praestiterim, quamdiu est de iliius salute dubita- tum ; certe hoc tempore magnis curis, molestiis, dploribus libe- ratus praestare debeo. Itaque, C. Caesar, sic tibi gratias ago, ut omnibus me rebus a te non conservatq solum, sed etiam or- nato, tamen an tua innumerabilia in me unum merita, quod fieri jam ppfse non arb.itrabar, maximus hoc tuo facto cumulus accelserit. (18) Sed quia non est stantibus omnibus necefse dicere.'] Whenever any se- 'jiator spoke in the senate, lie rose up from his seat, and stood while he was speajdhg; but wheji he ailented only to another's opinion, life cqi^ tinuefl sitting,, i.Ro\ (JRATIi. nercaftcr receive. Our prayers and tears, on tbj clear proofs of our being all of one mind ; * eejsarythat we should all personally ml- 1 jotted mc that, part, who am, as It were, im to perform it; and I am p< r^u.idtd thai jt is in u 1191- incumbent upon me, as I am apuoini as M. Marceilus b> thfi uiai people oT Rome, and to tTTe repiibli all rejoice on this occasion, not for fyc b&ppinel man, but for the general safety. My menuship for bin) v.crsally observed to be scarce 1 fectiouate brother C. Marceilus, and, except liirw iy by none ; and it" by my solicitude, by m\ pare and usw aTied to serve him while his preservation was doubtful, J showed this so great regard tor him, it is surely a tribute which I or. pay in an hour when I am heed from so much an\iet\ , trouble, and concern. Therefore, Ca-sar, 1 here return you ih.ni'> only for the security of my fortune, and the hoiiom - conferred upon me, but also for this generous instance ol kind nefs, by which you have crowned those innumcrabk. I \\ I thought nothing couid be ;.ddod. O RATIO XIV. PRO Q^ LIGARIO *. I. (^T^TOVUM crimen, C. Caesar, et ante hunc diem inaudi- * IN turn propinquus meus ad te Q. Tubero detulit, Q. Ligarium in Africa fuifse; id ( z ) C. Pansa, prsestanti vir inge- nio, fretus fortafse ea famiiiaritate quae est ei tecum, ausus est confiteri. Itaque quo me vertam nescio; paratusenim veneram cum tu id neque per te scires, neque audire aliunde potuifses, ut ignoratione tufi ad homjnis miseri salutem abuterer. Sed quo T mam diligentia inimici investigatum est id, quod latebat, confi- dentuni est, ut opinor- prassertim cum meus necefsarivs G. Pansa fecerit, ut id jam integrum rion efset : omifsaque contro- versy omnis oratio ad miseripordiam tuam conferenda est, qua plurinii sunt conservati, cum a te non liberationem culpae, sed errti » veniam impetravifsent. Habes igitur, Tubero, quod est accusatori maxime optandum, confitentem reum : sed tamen ita confitentem, se in ea parte fuifse, qua te, Tubero, qua virum prnni laude dignum, patrem tuum. Itaque prius de vestro de- licto confiteamini necefse est, quam Ligarii ul'anj culpam repre- hendatis. Q. igitur Ligarius, cum ^fsetadhuc nulla belli suspicio, * Qpinius Ligarius had borne a considerable command in the African war against Caesar. His two brothers, however, had always been on Caesar's side ; and being recommended by Pansa, and warmly supported by Cicero, had almost prevailed for his pardon. But Quintus Tubero, who had an old quarrel with Ligarius, being desirous to obstruct his pardon, and knowing Caesar to be particularly exasperated against all those who, through an ob- stinate aversion to him, had renewed the war in Africa, accused him, in the usual forms, of an uncommon zeal and violence in prosecuting that war. Caesar privately encouraged the prosecution, and ordered the cause to be tried in the forum, where he sat upon it in person, strongly pre- poi'selsed against the criminal, and determined to lay hold on any plausible pretence for condemning him: but the pomp and energy of Cicero's elo- quence, exerted with all his skill in a cause which he had much at hea"rt, is said by Plutarch to have had such a wonderful effect, that it not only made C>sar tremble, but what is still more extraordinary, got the better of all his prejudices, and extorted a pardon from him against his will. Whatever truth there may be in this story, which rests entirely upon the authority of Plutarch, (who does not appear to have copied it from any earlier historian, but to have received it Only from common tradition), the art and addrefs displayed in the oration cannot be sufficiently admired* It was delivered in thejear of Rome 707, of Cicero's age 61. I I ■ ■ ■ ORATION XIV. FOR Q^LIGARIUS. Sect. I. A NEW charge, Caesar, and till this day unheard <»(*, Xjl my kinsmau Quint us Tubero has laid before yo», jiamely, that Quintus Ligariua was in Africa : and < person of the greatest abilities, relying perhaps on has in your friendship, has ventured to own it. I ! therefore, I know not: for I had come prepared, aa you • 1 riot pofsibly know this of yourself, nor learn it from person, to have taken advantage of your iguoia spect, in order to save an unfortunate man ; hut as toil discovered by the diligence of our adversary, we had l»- it, I think ; especially as my good friend C. Pansa I matters, that it cannot now be remedied: and omitti pate upon the matter, we must addicts ourselves entin Clemency, by which numbers have been preserved, obtaining at your hands, not absolution from their crimes, bui pardon for their error. You have then, Tubero, what is most to be wished for by a prosecutor, the person accused pleadi but pleading that you, Tubero, and your father, a man worthy of the highest praises, acted the same part tor which accused :°you are under a nccefsity of confefsing your crimes, therefore, before you can impeach Liganus. Qnintuj Uranus, then, when as yet. there was not the least su a war, set out for Africa with Cams Considius, m quality ol tenant; in which station he so behaved himseh botn towards (1) Novum crimen.-] It is obvious to observe what a fine im* through the beginning of this oration. (2) C.Pansa, prestauti viriugenM This was C.V.bius Pansa,^ consul with Hirtfus, in the year of Rome 7 .0. He «b. *ylousl to C*sar, served him in all his wars with iihgii ar a flee ion an but being naturally of a humane an< compafs.onate ■ >V > with the miseries of the opprefsed Pompeians and, by his mler many of them to the city and their estates, which rendered him ex.. popular. 3 530 M. T. CICEROKIS ORATIONES. legatus in Africani cum proconsule C. Consiclio profectus est : qua in iegatione et civibus et sociis ita se probavit, ut decedens Considius provincia satisf acere homin ibus non pofset, si (juein T quam alhim provincial jrrafecifset. Itaque Q. Ligarius, cum diu recusans nihil pmfecifset, proyiiaciam.accepit invitus : cui src praefuit in pace, ut et civibus et sociis gratifsima efset ejus integritas et fides. Belhun subito exarsit : (mod, qui erant in Africa, ante audierunt geri, quam parari : quo audito, partim cupiditate inconsiderata, partim ofco quodam timore, primo salutis, post etiam studii sui quairebant aliquem ducem : cum Ligarius' domum spectaus, et ad suos redire cupicns, nuilo se implicari negotio pafsus est. ( 3 ) Interim P. Attius Varus, qui praetor Africam obtinuerat, Uticam venit : ad eum statim con- cursnm est ; atque ille non mediocri cupiditate arripuit impe- i jiim ; si illud imperium efse potuit, quod ad privatum, clamore multitudinis imperita?, nullo publico consilio deferebatur. Ita- que Ligarius, quiomne tale negetium cuperet effugere, paulluni adventu Van conquievit. - II. Adliuc, C. Caesar, Q, Ligarius pinni culpa vacat: domo est egrefsus, non modo nullum ad bellum, sed ne ad minimam qui- dem suspicionem belli: legatus in pace profectus, in provincia pacatifsima ita se gefsit, ut ei pacem efse expediret. Profeetio certe animuui tuum non debet oifendere : num igitur remansio f multo minus; nam profeetio voluntatem habuit non lurpcm, re- mansio etiam necefsitatem honestam. Ergo ha-c duo temporaca- rent crirnine: unum, cum est legatus profectus; alterum, cum cfllagitatus a provincia, propositus Africa? est. Tertium est tempus, quo post adventum Vari in Africa restitit; quod si est criminosum, necefsitatis crimen est, non voluntatis. An ille si potuifset illinc ullo modo evadere, Uticoe potius quam Romas ; cum P, x\ttio, quam eum concordifsimis fratribus ; cum alienis else, quam cum suis maluifset ? cum ipsa legatio plena desiderii ac solicitudinis fuifset, ■(*■) propter incredibilem quendam fra- •triim amorem, hie aequo animo else potuit, belli disddio dis- traetus a fratribus? Nullum igitur babes, Casar, adhuc in Q. Ligario signum aliens) a te voluntatis; cujus ego causam ani~ madverte, quieso, qua, fide defendam,cum prodo meam. Ocle- (3} Interim. P. Attius Varus. ~\ This Varus was the first who seized Africa on the part of the republic, and, being supported by all the force of king Juba, Poinpey's fast friend, reduced the whole province to his obedience. But, being defeated by Caesar, he fled with Sex. Pompeius and Labienus into Spain, and was killed in the battle of Munda. (4) Propter incredibilem quendam Jratrum amorem.'] Cicero, as appears by several of his orations, took frequent occasion to move the pafsions by celebrating the private virtues of those whose cause he pleaded. The de- licate manner in which he generally practised this art, gives us an high idea of his abilities, and shows how well he was acquainted with the hi*- »l3n:lieaft/-ancl the methods of touching it. s 6 ClCl.kgs ©RATIONS. 5^i pur countrymen and allies, that Considius, al could by no means have patrafied tl 'the government pf the province to ail) Ligarius, theruiorj;, having long decliri tered upon his charge with reluct. nistnuaon in peace, tluit his in teg ile aval him botli to our countrvmi-u an blazed out, which those in Africa heard w a i . before they received intelligence that any p towards it. Upon the news of this, partly bom tiality, partly 'from a blind fear, they looked om for a U first to protect them, afterwards to favour their i] All this time, Ligarius, turning bis eyes towa Country, and being desirous of returning ti suffer himself to be involved in any public bu In the mean time, Publius Attius Varus, who, pbtained Africa for his province, came to Utica. Tq hioi evu body immediately ran, and he with no small cv command upon himself, if that ca^i be called a command v I was conferred upon a private man by an unthinking ma not by anv T public decree. Accordingly Ligarius, who sirous of avoiding all businefs of that kind, upon the arrival Varus, gained a little respite. Sect. II. Hitherto, Caius Grsar, Quintu free from reproach. He went from home, not only to no H not even with the least suspicion of a war; he went as lieu nant in a time of peace, and behaved in such a very peaceable province, that he had reason to wish for continuance of peace. His departure surely ought not you offence: could then bis stay there? certainly far k his departure argued no dishonourable views, and his M occasioned by a laudable necefsity. During tl therefore, he is free from reproach; when he depa tenant, and when be was set over Africa, at the s< n or the Avholc province. There is a third period, i wben he staid in Africa, after the arrival or Van:.-. It I criminal, it was owing to necefsity, not to choice. \\ ould if he could, 'by any means, have escaped lv chosen to stay at Utica, rather than at Uome ; with l J Attius, rather than with the most affectionate bf with strangers, rather than with his own km. vernment had been full of trouble and an the incredible affection he bore to has brothers, could he in his mind when torn from them bv tae turau4l Hitherto, Cesar, you have not the least indication, in Qun Li"-arius, of his disalfection to vou; ithose cause, i what zeal I defend, when T thereby betray my own clemency ! worthy to be extolled, to be pflpdauuc £3* M. T. CICERONK OB.ATIONES. inentiam admirabilem, atque omni laude, praedicatione, Uteris* uionumentisque decorandam! M. Cicero -apud te defendit, alium in ea voiuntate non luifse, in qu& se ipsum cohntetur-fuifse ; nee tuats tacitas cogitationes extimescit; nee, quid tibi de all© audienti de feipso occurrat, reformidat. III. Videquam non reform-idem : vide quanta lux liberalitatis iCt sapientke tua) nithi apud te dicenti oboriatur; quantum po- •tero, voce contendam, ' ut hoc populus Romanus exaudiat. ttuscepto bello, Qesar, gesto etiain ex magna parte, nulla vi coacttis, judicio meo ac voluntiite ad ea arma profectus sum, qua; erant sumpta contra te. Apud quern igitur hoc dico ? •nempe aputl eum, qui cmn hoc sciret, tamen me, afitequam •vidit, reipublie-B reddidit: qui ad me ex iEgypto literas,misit, ut efsera idem qui fuifsem : (*) qui cum ipse imperator in totp imperio populi Roinani unus efset, efse me alterum pafsus est:: ;a (}uo, hoc ipsoC Preast, and even to have made him tremble. Accordingly the story has ?often been alleged in proof of the power of ancient eloquence; but the fact seems to be justly questionable. For Cicero's total silence in regard to it, seems to furnish a very strong presumptive argument to destroy the credit ■>;f It; it being altogether improbable, as the ingenius Mr. Melinoth justly CICKRO'S ORATIONS. lebrated by public records and m before you, that another pei Wards you, which he.conlelses he bim your secret thoughts, or tear unv retii himself, while you hear him plead Sect. III. Sec how undaunted! 1 am your wisdom and' generosity dart upon me, whifc ing before you. " f will raise my vbu all Home may hear me. After the war and considerably advanced, without any compulsion, fr< and inclination, I joined that party which took Before whom do I say this r even before hiu knew it, yet ere he saw me, restored me safe to im who sent letters to me from Egypt, permitting me to in the same character I had formerly sustained ; v ho, win was the only person throughout the whole empire of J; had the title of emperor, allowed me to share the sam< from whom, this very CaiusPansa bringing me the m held the laureled fasces as long as 1 thought proper; who, in * word, thought he then only gave me hie, when h stripped of none of its ornaments. Observe, Tubero, I be- seech you, how I, that make no scruple of confefsing whal done by myself, yet dare not plead guilty to what was done by . Ligarius : and I mentioned the^e things of myself, that Tubero may forgive me when I say the same of him. one whose application and merit I am fond of, both 01 count of our near relation, the pleasure I receive from his genius and studies, and because 1 think the reputation young kinsman redounds in. some measure to my own honour. But I desire to know one thing, Who thinks it a crime in Ligarius, that he was in Africa? the very man who wa sirous of being there himself; who complains that he was hin- dered by Ligarius; and who is well known to have . in arms against Caesar. For what, Tubero, did that naked s ^observes, that a man of Cicero's character should have omitted any op- portunity of displaying a circumstance so exceedingly to t . of hi» elocution. Besides this, it is very observable, that N aleriuj Maximuf has a chapter e?cprefsly to show the force of eloquence, and who me a particular instance of this kind with regard to Caesar himself, tak< • not the least notice of the fact in question : and it is not to be supposed that be would have omitted it, had he known it to be true, especially as it afforded him a much stronger instance for his purpose, than any Jit- has thought proper to enumerate. The only ancient writer who relates the - larch, and he introduces it with a Ksytraih, which seems to imply that he did jiotcopy it from any earlier historian, but received it only fro tradition. Isow such a report, as Mr. Melmoth arisen from Caesar's having been seized, during the course ol with one of his usual epileptic fits, which were attended with that 1 of colour, and trembling of the nerves, that Plutarch asci of Cicero's rhetoric. And that this i* ail that there was of I «"J4 M. T. CtOE'RONlS O&ATIONES; Tubero, tuns i!1e districtus in aeie Pharsalica gladius a^ebat ? cujus latus i'lle imicro petebal r qui sensus erat armoruin tuorum ? qrtaft tua mens? ocu'h? inarms? ardor animi ? quid cupiebas I quid opnibas? Ninris urgeo : corn-mover i videtmr adolescens ; ad me revertar; ( 7 ) iisclem m arm is i'ui. fV. Quid autcm aliud eginms, Tubero, nisi ut, quod hie po- 'test, nos pofsemus? Quorum igitur impunitas, Cesar, tua> cle~ mentire laus est, corum ipsonnn ad cradelitatem te acuet ora- tio? Atque in hac causa nannihil equidem, Tubero, etiam tuam, sed nmttd rnagis patris tui prudentiam desidero : quod homo cum ingenio, turn 1 etiam doctrina cxcellens, genus hoe causa? quod etset, Ron vjderit ; nam si vidii'set, quovis profeeto., qtiam isto modo a te agi maluifset. Arguis fatentem: non est satis; accusas eum qui eau'sam habet, aut, ut ego dico; meiidrenx" •quamtu; aut, ut tu vis, parem. Ifec non modo roirabilia sunt, sed prodigh simile est; quod dicam. Non habet earn vim ista accusatio, ut Q. Ligarius condemnetur, sed ut necetur: hoc egit civis Romauus ante to' nemo; ex terni isti mores usque ad sanguineni incitare solent odium aut levium Grsricorum, aut im- iijanium barbarorum. Nam quid al-iud agis? ut Horn* ne sit? ut damo carea.t ? ne eum optimis fYatribus, ne cum hoc T. Broe- cho avunculo suo, ne cum ejus filio consobrino suo, ne nobis- cii m vivat? ne sit in patria ? num est? mim potest magis carere his omnibus, quam caret? Italia prohibetur, exsuiat. Non tu ergo hurtc patrici privare, qua caret, sed vita, vis, At istud ne: apud'eum quidem dictatorem, ( 8 ) qui omnes, quos oderat, mor- te multabat", quisqtiani egit isto modo : ipse jubebat occidi, nullo postulante • pra:niiis etiam invitabat; quae tamen crudelitas ab hoc eodem aliquot aunis post, quern tu nunc crudelem else \i± f vindicata est, V. Egcj vero istud non postulo, inquies ; ita luehereule existi- mo,-Tubero: novi enim te, novi patremtuum, novi domum, no- ttienque vestrum; studia denique generis, ac iamiria? vestra?, vir- tutls, humanitatis, doctrinal plurimarum artium atque Optimaru-m,- nuta sunt mihi omnia: itaque certo scio, vos non petere sangui- casCj is rendered probable by the testimony of Suetonius, who informs us, ', that, C;rsar was twice seized with these tits, when he was engaged in h. cial affairs. (7) Jisdem in armisfiti.~] Cicero was not present at the battle of Phar- salja, but was hit behind at Dyrrhachiuny, much out of humour, as w'efi as out of, order: his. discontent to see all -things going "WEfcmg on that side, and contrary to his. advice, had brought upon him an ill habit of body, an^l weak state of health, which made him decline all public comUKind. (8)' Q/ri onwes, quos oderat, morie mitltabat.~\ Our orator here pays a fmr compliment to 'Caesar, who, though he was a dictator,- always cxpre- the utmost abhorrence of Rylla's cruelty. Sylla not onlv* exercised the most infamous cruelty that had .ever been practised m cold blood in any city, by the detestable method of a proscription', of which he was the first author and inventor; but, as Plutarch informs us ; set- a reward oftwo t«£ rif yours do in the battle o\ |K)iut aimed at* what w;i, then your spirit h your t what did you (Icmi much j he seems dtetnfbei* | , bote arms on the sarin Sect. IV. But what tflsej Tuberc did wn power of doing what. C«sar now can cl then, whose safety, Ca-sar. fe'owiftg to yo discourses stir you up to cruelty 1 and really m bero, I think you have been wan! much more your fatlier, who, thortgfe a -inatv of < learning and abilities, could not perceive th< i seeutioh ; for it' he had, he would iia\ ,- managed in any other manner than this. You.h pleads guilty : nor is this all ; yoi|-'itNpea«l] ow either, as I say, better than yours ; or; as | have it, as good. What I mention is not on! . perfectly astonishing ; the tendency of fchi not that Quintus Ligarius should be found gni should be put to death; a tiling which no citi for-e you, ever did. These are exotic maniu Greeks, or savage barbarians, used to push I even to blood ; and what else are yon now dr\n^ : ■ sire that Ligarius should be driven from Home? that he should be banished from his own house, from li. from Titus Brocchus here, his uncle, his sou, and mc r should be deprived of his country ' Can he enjo comforts than he has at present ? he is forbid knh , he banishment. Your intent then is, rtc country, .but of life. A prosecution like this no man »•■ ried on, not even before that dictator who condemned all he hated, to die; a dictator who orcie "I persons to he put death without any impeachment, and whoever! invited nnnv by Te wards: a cruelty which was i by the very man you would now persuade to be Sect. V. But I do not desire this, you will say; in! bero, I think you dp not. For I know you, 1 knew yoar I I know your family and descent; the manners, i . of your whole race, their virtue, their humanity, their skill in even the most useful arts, are all well known to me. 1 h 1 am certain vou do not aim at blood: but you do n< I lents upon the head of every man who was proscribed. ( rhuch in abhorrence, that he prosecuted evcrj . who had touched any part of the public moric) for killta proscribed. ,536 to. T. CICERONIS ORATIONES* nem : sed parum attenditis ; res enim eo spectat, ut ea pcer/i in qua adhuc Q. Ligarius sit, non videamini efse contenti: quae est igitur alia, prater mortem ? si enim in exsilio est, sicuti est ; quid amplius postulates ? an, ne ignorscatur? hoc vero multo acerbius, multoque est gravius ; quod nos domi petimus preci- bus et lacrymis, prostrati ad pedes, non tani nostras causae fiden- tes, quam hujus humanitati, id ne impetremus pugnabis? et in nostrum fletum irrumpes ? et nos jacentes ad pedes supplicmn voce prohibebis ? Si, cum hoc domi faceremus, quod et feci- mus, et, ut spero, non frustra fecimus, tu derepente irrupifses, et clamare ceepifses, C. CiESAR, cave credas, cave ignofcas, cavete fratrum pro fratris salute obsecrantium misereat ; nonne omnem humanitatem exuifses? quanto hoc durius, quod nos do- mi petimus, id a, te in foro oppugnari? et in tali miseria multo- rum, perfugium misericordiae tollereKWDicam plane, C.Caesar, quod sentio: si in hac tanta tua fortuna lenitas tanta non efset^ quantum tu per te, per te inquam, obtines (intelligo quid lo- quar) acerbifsimo luctu redundaret ista victoria; quam multi enim efsent de victoribus qui te crudelem efse vellent, cum etiam de victis reperiantur ? quam multi, qui, cum a te nemim ignosci vellent, impedirent clementiam tuam, cum etiam ii, quibus ipse ignovisti, nolint te in alios efse misericordem ? Quod si probare Caesari pofsemus, in Africa Ligarium omnino non fuifse : si ho- nesto et misericordi mendacio saluti civis calamitosi consultum efse vellemus: tamen hominis non efset, in tanto discrimine et periculo civis, refellere et coarguere nostrum mendaeium : et si efset alicujus, ejus certe non efset, qui in eadem causa et for- tuna. fuifset. Sed tamen aliud est errare Caesarem nolle, aliud nolle misereri: turn diceres, Cave, Caesar, credas; fuit in Africa Ligarius; tiilit arma contra te: nunc quid dicis? Cave ignoscas. Haec nee hominis, nee ad hominem vox est: qua qui apud te,- C. Caesar, utetur, suam citius abjiciet humanitatem, quam ex* torquebit tuam. "VI. Ac primus aditus, et postulatio Tuberonis haec, ut opi- iior, fuit, velle se de Q.. Ligarii scelere dicere: non dubito, quin admiratus sis, vel quod de nullo alio quisquam, vel quod is qui in eadem causa fuifset, vel quidnam novi facinoris adfer- ret. Scelus tu iliud vocas, Tubero? cur? isto enim nomine' ilia adhuc causa caruit; alii err orem appellant^ alii timorem ; CICERO S ORATI01 For it appears, that you are d which Quintus Ligarius now suffers. What but death ? for if he is in banishment^ as Ik- actual!} tnore can you require } that i is still more crtlcl, still mo Will j to prevent our obtaining what \ by prostrating- ourselves at Caesar's feet, our own cause, as on his clemency ? ivfll you break m our tears? will you strive to frustrate th< Inch, prostrate before him, we poor out vi ith the \ if, while avc are doing this at Csesar's house, which we have done, and, 1 hope, not ineffectually, you had suddenly In upon us, and cried out, Beware, Caesar, how you pardon v. are how 3-011 are moved with compafsion towards thes thers, imploring- a brother's life at your hands ; would you DOC have divested yourself of all humanity? how much more cruel then is it, for you now to oppose that in the forum, whit implored at his house? and, m such a general calamit away all refuge for mercy ? I will deliver my sentiment ' ■without disguise: if your own clemency were not as your fortune, your own, 1 say, for I know what 1 your victory would occasion the deepest sorrow. many of the victorious party would persuade you t< when even the conquered do? how many of those wh< against your pardoning any, would prevent your clerai when those who have been pardoned themselves are unwilling you should be merciful to others? J Jut if we could 1. pear to Caesar, that Ligarius actually "was not in Africa ; if we were even desirous of consulting the safety of an unfortunate citizen, by a laudable and good-natured falsehood , it would be .inhuman, when the life of a Roman is in such imminent (I to convict us of falsehood: and if any man was to ad such a part, it. ought not surely to be that man, who wa- in the same cause and fortune. But it is one thin-- to w not to err ; another to wish him not to be merciful. would say, Beware, Cg?sar, how you believe: Ligarius 1 Africa; he bore arms against yon. But now v. my ? Beware how you pardon him. Is this tl one man to another? whoever, Ceosar, shall addreJ this manner, will sooner lay aside his own humanity, I yum out of yours. Sect. VI. But the opening and preliminary of ! pleading, I think, was this, that he intend* •guilt of Quintus Ligarius. I question not bu to know, either why nobody else had ever been chai that crime, or that a man should carry on such a pr< who had been engaged in I I m 53S M. T. CICERONIS ORATIONES. qui durius, spem, cupiditatem, odium, pertinaciam : qui gra- vifsime, temeritatem : scelus, praetcr te, adhuc nemo. Ac mihi qnidem, si proprium et veraxn nomen nostril mali quaeratur, fa- talis qusedam calamifcas ineidifse videtur,etimprovidashominunx mentes oceupavifse : ut nemo mirari debeat, Immana consilia divinii necefsitate else superata- Liceat efse miseros, quan- qimn* hoc victore efse non pofsumus: sed non loquor de nobis £ de illis loquor, qui occiderunt : fuerint cupidi, fuerint irati, fuerint pertinaces : sceleris vero crimine, furoris, parrieidii li- ceat Gh. Pompeio mortuo, liceat rnultis aliis carere. Quando lioc quisquam ex te, Csesar audivit ? aut tua quid aliu'd arma vohierant, (.*) nisi a te contumeliam propulsare ? quid egit tuus ille invictus exercitus, nisi ut suum jus tueretur, et dignitatem tuam r quid? ( ir ) tu cum pacem eise cupiebas, id-ne agebas* ut tibi cum sceleratis, an ut cum bonis cjvibus eonveniret ? Mihi verd, Caesar, tua in me maxime merita tanta certe non vi- derentur, si me ut*sceleratum a te conservatum putarem. Quo- mod o autem tu de republica bene meritus efses, si tot sceleratos incolumi dignitate efse voluifsesr Seeefsionem tu illam existi- mavisti, Caesar, initio,, non bellum : non hostile odium, sed civile difsidium, utrisque cupientihus rempub. salvam sed partira consiliis, partim studiis a communi utilitate aberrantibus* Prin- eipum dignitas erat pene par ; ( M ) non par fortafse eorum, qui sequebantur : causa turn dubia, quod erat aliquid in utraque parte, quod probari pofset : nunc melior certe ea judicanda est, quam etiam dii adjuverunt ; cognita vero dementia tua, quis non earn victoriam probet, in qua occiderit nemo, nisi ar- matus ? VII. Sed ut omittam Comraunem eausam, veniamus ad no- stram. Utrum tandem existimasfaciiius fuifse, Tubero, Ligarium ex Africa exire, an vos in Africam non venire ? Poteramus-ne, inquieSyCumsenatuscensnifset? si me consulis r nullomodo ;sedta- menLigariumsenatusidem legaverat. Atque ille eo tempore paruit, cum parere senatui necefse erat : vos tunc paruistis, cum paruit (9) Niri ate contumeliam propulsare.'] Caesar alleges, in the first book of his Commentaries, that he had been ignomrniously treated in three dif- ferent respects, First, when he had the administration of Gaul entrusted to him for the space of ten years, a succefsor was appointed to him before that time was expired. Secondly, when he left Gaul, and applied for the consulate, it was denied to him. Thirdly, when the honour of a triumph, in consequence of a victory he had gained, was refused him, the senate de- sired he should give an account of his management. (10) Tu cum pacem efse cupiebas.'] Csesar all along affected to be desirous of an accommodation, and endeavoured particularly to persuade Cicero* that he had no other view than to secure himself from the insults of his enemies, and yield the first rank in the state to Pompey ; but it seems very evident that all this was mere pretence, and that he had no real thoughts of an accommodation. (1 1) Non parjortafse eorum qui sequebantur."] Cicero here gives the pre- ference, in point of dignity, to the Pompeian party; and indeed with CICERO S ORATIONS. he would urge. Do you, Tubero, call it a a that cause has hitherto been In uch an Some call it an error, some fear? those who w what severe, give it the name of hope, ambition liacy ; those who are mo.t si the only one who has ever called it a < afsigo a just and proper name to our misfoi calamity appears to ine to have seized and tak the improvident minds of men: insomuch that n be surprised that human counsels have been b necefsity. Let us be permitted to bo wretched, t 1 . such a conqueror it is impofsiblc we should be not of ourselves, I speak of those that are fallen. L- said, they were ambitious, they were actuated by hatred, ttu were obstinate ; but let Cneius Pompey, and the many who are now no more, be free from the imputation ol of madnefs, of parricide. When did any man, Caesar, hear t charge come out of your mouth? or what else was the inn of your arms, but to guard yourself from ignominy J what did that invincible army of yours do, but defend its own and your dignity ? what; when you was desirous there slur- be peace, was it that you might accommodate (natter* wit wicked or witb virtuous citizens? for my own part, Caesar* : favours I have received at your hands, would not appear so con- siderable to me, if I thought you had pardoned me as you would a villain. For how could you have deserved so well of the public, if you had suffered so many villains to retain their di nity ? At first, Caesar, you thought it only a secefsion, not war : no hostile rancour, but a civil difsension between two pa tics, who both wished well to their country, though from dif- ferent pafsions and views they were seduced into measures in- consistent with its welfiire. The leaders were almost equal in dignity, though those who followed them were perhaps the cause was then doubtful, because there was something approved of on both sides ; but now we must certainly reckon that the best, to which even the gods have lent their aid after such proofs of your clemency, where is the man but in approve of a victory', by which none fell but such as were in arm Sect. VII. But, omitting the common cause, let us pro to that we have in hand. Which then, Tubero, d was easiest, for Ligarius to leave Africa, or for you nol thither? could we help it, you will say, when th< it ? if you ask my opinion, by no means ; but the ordered Ligarius thither, and he obeyed ut a time whe was a necefsity of obeying the senate; y ou, at a time whe^i justice, for almost all the chief ma^trates and senate. Pompey's side, whereas scarce a single person oi consular d that of Ciesar. M m 3 fi40 M. T. CICERONIS ORATIONES. poriric nemo qui noluit. Reprehendo igitur ? minime vero; tf$ que enina licuit alitor vestro generi, nomini, familia:, discipline : sed hoc non eoncedo, ut qui bus rebus gloriemini in vobts, eas- dc ni in aliis reprSjieiidatis. Tuberonis sors conjecta est ex S. C. cirui ipse hair Jdefset, morbo etiam impediretur : statucrat [se] excusafe. Hac ego novi propte'r communes' neceisitirdines, qua? mihi sunt cum L. Tuberone:. domi unaeruditi, ( ,a ) militias contubernales,> post afiines, in omni denique vita famiiiares : magnum etiam vinculum, quod risdem semper studiis usi sumus, Scio igitur Tuberonem doini manere voluife^ sed ita quidam age- bant, ita reipubliea; santiisimum nomen opponebant, ut etiam si alitcr sentiret verborum tamen ipsorum pondifs sustinere non polset ; ceisit auctoritati amplifsimi viri, vel potiu's paruit: una est profectus cum iis, quorum erat una causa: tardius iter fecit: itaque in Africam venit jam occupatam. Hinc in Ligariiim. crimen oritur* vel ira'potius; nam si crimen est prohibere ilium voluifse, non minus magnuuv'est, vos Africam, omnium provin- eiartim arcem, natam ad bellum contra banc urbem gerendum, obtinerc voluifse, quam aliquem se imperatorem efse maluifse. Atque is tamen aliquis Ligahus non fait. Varus impevium se habere dicebat: fasces certe babebat. Sed quoque modo se illud habeat ; baec querela vestra, Tubero, quid valet? recepti in provinciam non sumus: quid, si efsetis? Caesarine earn tradi* turi fuifsetis, an contra Ca3sarem retenturi? YIII. Vide quid licentias, Ceesar, nobis tua liberalitas def, vel potius audacise. Si respondent Tubero, Africam, quo senatus eum sorsque miserat, tibi patrem suum traditurum fuifse: non dubitabo apud ipsum te, cujus id eum facere iiiterfuit, gravifsi- niis verbis ejus consilium reprehendere ; non enim si tibi ea res grata fuifset, efset etiam probata. Sed jam hoc totum omitto, non tarn ut nc offend am tuas patientifslmas aures, quant ne Tu- bero, quod nuriquam cogitavit, fa crurus fuifse videatur. Venie- batis igitur in Africam provinciaftij unam ex omnibus hnic vic- toria maxime infestam : in qua erat rex potentifsimus, inimicus June causa-, aliena voluntas, conventns .firmi atque magni : qiuero, quid : facturi fuifsetis? quanquam quid fac turi fueritis non dubitem, cum videam quid teceritis. Prohibit! estis in pro- (12) Militia: ccniuber vales.'] Vegetius tells us, that the centuries were divided in such a 'manner, that ten soldiers quartered under one pavilion, or tent, and had one set over them,- who was called the cuput s coiitiihernii. This circumstance gave rise to very intimate acquaintances among the sol- diers. Cicero and Tubero had been contubernales, or tent-fellows, in th* Marsic \\;.r, wliich is likewise called the italic, and the Social war. In that war Cicero served under Cn. Tompelus Stlrabo, the lather of Pompey the Great. cIcero's OfLATft *ny person might have dbjobeved, if l blame you? not in the least, lour birth, education, would not permit you to act otllfi allow that you should condemn in Ol yourselves. Tubpro's comunifston was all* pf the senate, when lie himscM wits not pi« was confined by sickneis: be had n These things I became acquainted with b> i noxious I have with L. Tubero* We were i together; served abroad togethei ; inarriage ; and, in a word, hi What united us very closely too, was our bavin sued the same studies. To inv knowh wanted to stay at home ; but matters were certain persons ; so often did they opp the public to his resolutions, that, tuough he thou he was not able to support the v< hi or word*. !!, : yielded to, or rather obeyed the authority of a V< man, ■went along with those who were engaged in til proceeded slowly in his journey, and accordin Africa, when it was already taken pofsefsion of. 1 1 ceeds the charge, or rather resentment against I Fbi if it is a crime to have been inclined to prevent you, it i> n criminal in you to have been desirous of seizing Atria strength of all our provinces, and a country destined to war on this city, than for any other to have been d being master of it: and yet this other was not Quintal Varus said that he was in pofsefsion of the governmenl fasces he certainly had: but however that be, what can this complaint of yours, Tubero, avail? we were notadmitte the province. What if you had ? would you have d< up to Capsar, or have held it against him r Sect. VIII. Observe what freedom, Cesar, or rather presumption your goodnefs inspires us with. If Tub reply, that his father would have delivered up j vince of Africa, whither the senate, and his own foi sent him, I shall not scruple, even before v< i was that he should do this, to condemn his conducl I verest terms; for jthouffh such a proceed in acceptable to vou, vet you could not have appn I pais by all this, not so much lest I should off patience, as lest Tubero should seem to have never thought of, You came then into Africa. which of all others was most exasperated at I which there was a very powerful priiice, an cause; the people disaffected ; and strong and n formed: I ask, what you intended to have d< no doubt of what you would have done, when I $42 M. T, CICERONIS ORATIONES. vincia. vestrfl pedem ponere; et prohibiti, ut perhibetis, summa\ cum injuria : quomodo id tulistis ? acceptae injuriae querelam ad quern detulistis? nempe ad cum, cujus auctoritatem secuti in societatem belli veneratis. Quod si Caesaris causa in provinciarn vcniebatis, ad euin profecto exclusi provincia venil'sctis : venistis ad Pompeium ; quae est hsec ergo apud Caesavem querela, cum eum accusatis, a quo queramini vos prohibitos contra Caesarem ball em gerere ^ Atque in boc quidem vel cum mendacio, si vul- tis, gloriari per me licet, vos provinciarn fuifse Csesari tradituros, etiamsi a Varo et quibusdam aliis prohibiti efsetis ; ego autem confitebor, culpam else Ligarii, qui vos tantae lauclis occasione privaverijt. IX. Sed vide, quaeso, C. Caesar, constantiam ornatifsimi viri L. Tuberonis: quam ego, quamvis ipse probarem, ut ^robo, tamen non commemorarem, nisi a te cognovifsem imprimis earn virtutem solere laudari. Quae fuit igitur unquam in ullo homine tanta constantia? constantiam dico ? nescio an melius patien T tiam pofsem dicere: quotus enim istud quisque fecifset, ut, a quibus partibus in difsensione civili non efset receptus, efsetque etiam cum crudelitate ejectus, ad eas ipsas rediret ? magni cu- jusdam animi, atque ejus viri est, quern de suscepta causa pror positaque sententia nulla contumelia, nulla vis, nullum pericu- fum pofset depellere. Ut enim caetera paria Tuberoni cum Varo fuifsent, bonos, nobilitas, splendor, ingenium, quae ne- quaquam fuerunt; hoc certe praecipuum Tuberonis fuit, quod justo cum imperio ex S.C in provinciarn suani venerat ; nine prohibitus, non ad Caesarem, ne iratus; npn domum, ne iners; non aliquam in regionem, ne comdemnare causam illam, quam secutus efset, videretur; in Macedonian! ad Cn. Pompeii castra venit, in earn ipsam causam a qua erat rejectus cum injuria. Quid? cum ista res nihil commovifset ejus animum, ad quern veneratis, languidiore, credo, studio in causa fuistis ? tantum- piodo in praesidiis eratis ; animi vero a causa, abborrebant? an, ut fit in bellis civilibus, nee in yobis magis, quam in reliquis, ©nines vincendi studio tenebamur ? pacisequidem semper auctor £ui; sed turn sero: erat enim amentis, cum aciem videres, pa- pem cogitare. Omnes, inquam, vincere volebamus : tu certe praecipue, qui in eum locum venifses, ubi tibi efset pereundum, nisi vicifses; quanquam, ut nunc se res habet, non dubito quia jbanc-galutem anteponas illi victorias WCERO'S OUATK afterwards did. Y«W wtre prevented i tin that province, and prevented, as you all justice. How did you bear with this? to whom dft your complaints tor the injuries you w man whose authority you acknow!* joined in the war. But it you had ton to this province, to him certainly you wo debarred it; but you went to Pompey. V* can you complain to Ca,>sar, when 3 you complain that you was pn fn m mal Cesar? and this, indeed, though fatee, 1 will • boast of, if you please, that you intended to ha\ u province to Caesar, but were prevented b\ Varus and Yet 1 will confefs, that the whole bW rius, who deprived you of an opportuni Sect. IX. But observe, C who came to that camp, where you 1 must ^'« J * °' though, as the case now stands, I doubt not but } oti p. ing safe here, to being victorious there. 544 M. T. CICERONIS ORATIONES. X. ITao ego non dicerem, Tubero, si aut vos cohstantiae ves- trae, aut Cfesatein beneficii sui pcenitereb Nunc qrnero, utruni vestras injurias, an reipublicie persequamini: si reipublica:; quid de vestra in ea causa perscverantja respondebitis? si vestras; yi- dete nc erretis, qui Caesarem vestris inimicis iratum fare putetis, rum ignoverit suis. {taque nuui tibi videor, Caesar, in cau^a Ligarii occupatus else? rnun de ejus facto dicere? quicquid dixi, ad unam summam reibrri volo, vel humanitat.is, vel dementia*, vei misericordire tua\ Causus, Caesar, egi mu]tas(' 3 ) et quidem tecum, C*)dumtein foro tcnuit ratio bonorum tuorum: certe nunquam hoc modo: Ignoscite, judices : err wit : laqsus est: non putavit ; si unquum postkac : ad parentem sic agi solet; ad judices, Non fecit, non cog iiavit, falsi -testes, fiction crimen. Die te, Caesar, de facto Ligarii judicem efse: quibus in praesidiis fuerit, quaere, taceo : ne hcec quidem colligo, quae fortafse volerenf; etiam apud judicem : legates ante bellum profectus, relictus in pace, bello epprefsus, in eo non acerbus : turn etiam fiiit totus animo et studio tuus. Ad judicem sic agi solet ; sed ego ad parentem loquor, Erravi, temere feci, poenitet : ad clementiam tuam con- fugio : delicti veniam peto : ut ignoscas oro ; si nemo impetra- vit, arroganter ; si piurimi, tuidem fer op.em, qui spem dedisti. An sperandi Ligario causa non sit, cum mihi apud te sit locus etiam pro altero deprecandi ? Quanquam neque in hac ovatione spes est posita causae, nee in eorum stuc(iis, qui a te pro Liga^ rio petunt, tui necefsarii. XI. Vidi enim et cognovi, quid maxime spectares, cum pro aIi T cuj us salute multi laborarent : causas apud te rogantium gratiosiores efse,quam preces: neque te spectare, quam tuusefset necei'sarius is quite oraret; sed quam illius, pro quo laboraret. ( ,5 ) Itaque (13) Et quidem tecum.'] Caesar is ranked by Cicero among the' greatest orators that Borne ever bred, fie is said to have published several ora- tions, which were greatly admired for two qualities seldom found together, strength and elegance Quintilian says of him, that he spoke with the vame force with which he fought ; and that if he had devoted himself to the bar, he would have been the only man capable of rivalling Cicero.. (14) Dum tc in foro ienuit ratio lionorum tuorum.'] The forum, or great square of the city, was the place where the afsembiies of the people were h.ekl, and where all the public pleadings and judicial proceedings were usually transacted. As this, therefore, Was the grand school of businefs and eloquence, the scene on which all the affairs of the empire were deter- mined ; it was here that those who aspired after public dignities laid the foundation of their fortunes. They applied themselves to pleading of causes, and to the defence of the innocent in distrefs, as the surest way to popu- larity ; and, in consequence of that, to power and influence in the state. Caesar is said to have practised ip this manner from the twenty-first to the thirty-ninth year of his age. (15) Itaque tribuis tu quidem tuis ita multa ] This pafsage is not a little perplexed, and, if the common reading must needs- be retained, it will be difriculVto find any just connexion between this and the preceding sentence. If we read ptsij instead oiitaque, it will., we apprehend, remove. cicero's or Sect. X. These things I should not jf either you repented of yoijr constancj iicfs. I now ask, whether you your own, or your country's y can you account for your si your own, take- care that \\m UO I|01 Caesar, will retain a resentment u lias pardoned bis own. \)i) you think tin )ioie to plead the cause of Ligarius conduct? Whatever 1 have said, 1 desire may be relating to the single point, either of your humunit} . inency, or your compulsion. 1 have pleaded mat sar, even with you, while your progrefs m hou< the forum, but never surely in this manner : Pardon him lords I he has fallen into an error ; he km Up; he u think: if he ever offends any more. Thus indeed we to plead before a father: but before thejud ;//, he had no siifh intention ; the evidence isjxthe; the tha ifroundlefs. Pronounce yourself the judge, Cttsar, of what is charged upon Ligarius ; inquire in what garrisons he was. f say nothing; nor shall I urge what might perhaps amount to a full proof before a judge : lie went abroad as a lieutenant be- fore the war : he was left in the province in a time of | was overpowered in time of war ; but proved no violent en for his heart was wholly yours. This is the manner of pl< before a judge; but I am now speaking before a fath have done ami Is; I have acted rashly j I am sorry for it; I fly to your clemency; I beg pardon for my offence; I bi you, to forgive me. If no one has ever obtained tor. your hands, then am I guilty of arrogance; but if many have, (io you who have inspired us with hope, likewise grant us re lief. Shall Ligarius have no room for hope, while i permitted to intercede for another ? though my ceedingin this cause are neither placed i u this speech, noria the solicitations of your friends in favour pf Ligarius. Sect. XI. For I have seen and know what you cl jard, when many solicit warmly in favour of one, th your suppliants has'mote weight with you than their ei and that you do not consider how much th applies is your friend, but how much he is the friend ot hi the obscurity; and though W know of no authority for mak teration in- the text, wc 'have adopted it in the translation, reader at liberty to take the pafsage in Lhi seem more satisfactory, as wc cannot I tofa meaning. 5*6 M. T- CICERONIS ORATIONES. tribai-s in qtiidem tuis ita multa, ut mihi beatiores ille efse vide- antur interdum, qui tua liberalitate fruuntur, quam tu ipse, qui i-Uis tam multa concedis. Sed video tamen apud te causas, ut <&ixi, rogantium valere plus, quampreces; ab iisque te moveri maxirae, quorum justifsimum dolorem videas in pretendo. In Q. Ligario conseivando, nmltis tu quideni gratum facies necef- sariis tuis: sed hoc, quaeso, considera, quod soles. Pofsum fortifsimos viros, Sabinos, itibi probatifsimos, totumque agrum Sabinum, rlorem Italics., robur lieipublicee proponere; nosti op- time homines ; animadverte horam omnium mcestitiam et dolo- rem ; huj^s T. Brocchi, de quo non dubito quid existimes, la- cry mas squaloremque ipsius, et iilii vides. Quid defratribus di- cam? noli, Caesar, putare, de uni-us capite jios agere : aut tres tibi Ligarii in civitate retinendi sunt, aut tres ex civitate exter- rainandi: quodvis exsilium his est optatius, quam patria, quam domus, quam dii penates, uno illo exsulante. Si fraterne, si pie, si cum delore faeiunt, moveant te horum lacrymae, moveat pietas, moveat germanitas : valeat tua vox ilia, quae vicit; te enim dicere audiebamus, nos omnes adversaries putare, nisi qui fiobiscum efsent; te omnes, qui contra te non efsent, tubs. Vides-ne igitur hunc splendorem, omnem banc Broccborum do- mum, hunc L. Marcium, C" Caesetium, L, Corfidium, hosce omnes equites Rom. qui adsisnt veste njutata, non solum notos tibi, vera in etiam probatos viros,, ( l6 ) tecum fuifse? Atque his [maximejj irascebamnr, e& hos requirebamus, et iris nonnulli etiam mitiabantur. Conserva igitur tuis suos ; ut, quemadmo- dinri csetera quae dicta sunt a te, sic hoc verifsimum reperiatur. XII. Quod si penitus perspieere pofses iconoordiam Ligario- rum, omnes fratres tecum judicares fuifse. [ An potest quisquam fkrbitare, qein, si Q, Ligarius in Italia efse potuifset, in eadera sentential futurns fuifset, in qua fratr.es fuerunt ? quis est, qui iiorum consensum conspirantem, et pene conflatuni in hac p'rope sequaiitate fraterna non noverit? qui hoc non sentiat, quidvis prius futurum fuifse, quam ut hi fratres diversas senten- tias fortunasque sequerentur? Voluntate igitur omnes tecum fuerunt: tempestate abreptus est onus; qui si consilio id fecifset, efset eorum similis, quos tu tamen salvos efse voluisti. Sed ierit ad bell um: difsenserit non a te solum, veruro etiam a fratribus: lii te orant tui. Equidem cum tuis omnibus negotiis interefsem, (16) Tecum fuifse J] From what goes before, and from what follows, it ^appeai-s very evident, that Cicero does not speak here of those who fol- lowed Caesar to the war, but of those who chose to stay at home, and not to join either party : for Caesar reckoned the latter his friends as well as the former, as we a-re told in the preceding sentence. CICERO S ORATIOfll. whom he applies ; though such is your libei ahrv to that those who share it seem sOmetimei more you who dispense it. But yet I j the cause of your suppliants has their entreaties; and that you are inrluci whose grief you observe to be beat grounded. In i Q. Ligarius, you will indeed do an ag your friends; but attend, I be one tiling". I can produce to your I the greatest bravery, approved by you, whole country, the ilower of Italy, "and bi you know the men well ; observe then opinion of T. Brocchus here, I am no tears and concern, observe the tears of his son. \ say of his brothers? do not imagine, Caesar, thai terceding for one man's life : three Ligarrus's are to be rix< you in Rome, or rooted out of it for ever: anv exile i eligible to them than their country, than their home, thj household gods, while this one brother is in banishn, behaviour is brotherly, if it is pious, if r their tears, let their piety, let their fraternal regard Let your word prevail, as it has hitherto done ; fix you say, that we looked upon all as enemies that v. i us, but that you looked upon all as friends that you. Must you not acknowledge, then, that all thissplen pearance, all this family of the Brocchi, L. Marchrtb tius, L. Corfidius, all these Roman knights, who ai mourning apparel, whom you not only know, but know to be worthy men, were all of your party r These are them most offended at; w r e demanded them, nay some of ns even threatened them. Preserve their friends, veracity may appear in this, as in every thing else you li. i Sect. XII. But if you could thoroughly pen mony there is among the Ligarii, you would he of i were all of your side. If Q, Ligarius coidd have !.«■ can there be any doubt whether lie would have been in I way of thinking with his brothers? who does not know • mony, and almost samenefs of sentiment of this broth- who is not sensible that any thing may sooner that these brothers should be divided in their sentiment! fortunes? all then were with you in inclination : or away by a tempest ; and though lie had been you by design, he would still be on the same ft) whom yet you have thought proper to spare. But, alio* that he took up arms, that he separated himself not 01 you, but likewise from his brethren; yet these who i for him are your friends. Indeed, as I have taken a com 548 M. T. CICERONIS ORATIONES, rnemoria teneo, qualis turn T. Ligarius quaestor urbanus fuerit erga te et dignitatem tuam : sed parum est me hoc meminifse; spcro etiam te, qui oblivisci nihil soles, nisi injurias, quoniam hoc est animi, quoiwam etiam ingenii tui, te aliquid de hujus qiuestoris officio cogituntein, etiam de aliis quibusdam quaesto^ nhus reminiseentum recordari. Hie igitur T. Ligarius, qui turn nihil egit aliud (neque enim haec divinabat) nisi ut tu eum tui studiosum, et bonmn virum judicares, nunc a te supplex fratris salutem petit: quam hujus admonitus officio cum utrisque his dederis, tres fratres optinios et integerrimos, non solum sibi ipsos, neque his tot ac talibus viris, nequp nobis necefsariis suis,. sed etiam reipublicae condonaveris. Fac igitur, quod de h mine nobililsimo etclarifsimo M. Marcello restitutofecisti nu- per in curia, nunc idem in foro de optimis, et huic omni fre- quentise probatifsimis fratribus ; ut concefsisti ilium senatui, ('?) tic da hunc populo, cujus voluntatem carifsimam semper ha^ buisti I et si ille dies tibi gloriosifsimus, populo Romano gratif- simu'sfuit; noli, obsecro, dubitare, C. Caesar, sim^lem ilfi glo- riae laudem quam saepifsime quaerere ; nihil est enim tam popu- lare quam bonitas : nulla de virtutibus tuis plurimis nee gra-, tior, nee admirabilior, misericordia est; homines enim ad deos nulla re proprius accedunt, quam salutem hominibus dando ; nihil habet nee fortuna tua majus, quam ut pofsis ; nee natura tua melius, quam ut velis conservare quamplurimos. Longio-? rem orationem causa forsitan postulat, tua certe natura brevio- rem. Quare, cum utilius else arbitrer te ipsum, quam me, aut quenquam loqui tecum, finem jam faciam : tantum te ipsum ad- monebo, si illi absenti salutem dederis, praesentibus his omnibus te daturum, (17) Sic da hunc populo.'] It may not be improper lo acquaint the reader, that Ligarius was a man of distinguished zeal for the liberty of his country, and that after his return he \\xed in great confidence with Brutus, who found him a fit person to bear a part in the conspiracy against Csssar, Near the time of its execution, however, he happened to be taken ill: and when Brutus, in a vi it to him, began to lament that he was fallen sick in a very unlucky hour; Ligarius, Plutarch tells us, raising himself presently uj)On his elbow, and taking Brutus by the hand, replied, Yet still, Bruins, if you mean to do any thing worthy of yourself, 1 am well. Nor did he disappoint Brutus's opinion of him, for we find him afterwards in the list of the conspirators. CICERo's OR in" all your affairs, 1 well remember how much l | city quaestor, was devoted to you and to little purpose for me to call' this t«» mind whose nature and disposition it will, upon recollection, reme'mbcr somewhai quaestor, especially Whe«l you call to mind thai quaestors. The same T. Ligarins, then, win nothing else than to make you believe he i service, and a worthy man, (lor this be could rtol begs his brother's lite at your hands. When you granl i a reward of his services, to both the supplii I then restore three brethren ot* distinguished worth and pi only to one another j nor to that numerous and honom nor to us bis friends, but to the service of the state. \\ I lately did then in the senate by the illustrious M M that do now in the forum, by the best of brotbei approved of by this numerous ai'seinbly. \ cellus to the senate, give Ligarius to thcpcople, w tions you have ever held so dear ! and if that day was gl to } T ourself, and delightful to the Roman people, do n I beseech you, CaBsar, to acquire the like glory as ofl sible. For there is nothing so popular as gooonefs , no! your numerous virtues is either more amiable, or moi of admiration, than your clemency, in nothing < proach nearer to the gods, than by preserving their f< creatures. Your fortune has not any thing more e> that you have the power, or your nature any th amiable than that you have the inclination, to save nut) This cause, perhaps, requires a longer speech ; your dis tion, certainly, a shorter one. Wherefore, as I am p that the language of your own heart will have m< than any thing that I, or any other person, can - conclude, after putting you in mind, that Hfan who is absent, you preserve all wli O RATIO XV. IN M. ANTONIUM PHILIPPICARUM*. . PHI LIP PIC A PRIMA. ■ I .I.I H I | ' t • HU B I .1 I. II !■■ I I I I ■ .11 if I. A Ntequam de republica, patrcs conscripti, dicam ea quae JlX dicenda hoc tempore arbitror, exponam vobis breviter consilium et profectioois, et reversionis mees. ( ! ) Ego, cum sperarem aliquando ad vestrurfi consilium auctoritatemque rem- publicam efse revocatam, manendum mihi statuebani, quasi in vigilia quadam consulari ac senatoria ; nee vero usquam disce- * When Caesar was put to death in the senate, Mark Antony, who was hie colleague in the consulship, apprehending some danger to his own life, stripped himself of his consular robes, fled home in disguise, began to for- tify his house, and kept himself close all that day ; till perceiving the pa- cific conduct of the conspirators, he recovered his spirits, and appeared again the next morning in public. His sole view was to seize the govern- ment to himself, the moment he should be in a condition to do it ; and then, on pretence of revenging Caesar's death, to destroy all those who were likely to oppose him. Such were his designs, which he pushed on with great vigour and addrefs : he made it his businefs to gain time by dis- sembling and deceiving the republican party into a good opinion of him; profefsed a sincere inclination to peace, and no other desire than to see the republic settled again on its old basis. He seemed indeed to be all goodneis and moderation ; talked of nothing but healing measures; and, for a pro@f of his sincerity, moved that the conspirators should be invited to take part in the public deliberations, and sent his son as an hostage for their safety. Upon which they all came down from the capitol, where they had taken refuge: Brutus supped with Lepidus, Cafsjus^with Antony; and the day ended to the universal joy of the city, who imagined that their liberty was now crowned with certain peace. On the pretence of public concord, however, there were several things artfully proposed and carried, of which he afterwards made a most pernicious use; particu- larly a decree for the confirmation of all Caesar's acts. He soon let ail people see for what end he had provided this decree, to which the senate consented for the sake of peace ; for, being master both of Caesar's papers, and of his secretary Faberius, by whose hand they were written, he had an opportunity of forging and inserting at pleasure whatever he found of use to him ; which he practised without any reserve or management ; selling publicly for money, Whatever immunities were desired by countries, cities, princes, or^private men, on pretence that they had been granted by Caesar, and entered into his books. He gave several other instances of his violence, "which opened the eyes of the conspirators, and convinced them that there was no good to be expected from him, nor from the senate itself, which ■was under his influence. This turn of affairs made Cicero resolve to pro- secute what he had long been projecting, his voyage to Greece, to spend a few months with his son at Athens. lie despaired of any good from the consulship of Antony and Dolabeila, and iatended to see Rome no more ORATION THE FIRST AGAINST M. Sect. I. TJEfore I treat, conscript falhi JO latins to t le public, which 1 think in be mentioned on this occasion, I sh words, the reason both of mv depai flattered myself that the government was under your direction and authority, I determini to continae here on a kind of a consular nor did I once desert my post, or call off mv e contrary vvuius to jL.eucwpt-u a a. fjwumuun^ u . b .. to repose himself in the villa of his friend Valerius, and v. portunity of a fair wind. During his stay there, the prin< of the country came to pay him their compliments and b of an unexpected turn of affairs at Rome towards a gem-rat pa This made him presently drop all thoughts of pursuing determine to return to Rome, where he arrived on 1 1 senate met the next morning, to which he was Antony but excused himself by a civil me! nosed bv the fatigue of his journey. Antony took this a in great rage threatened openly in the senate, to order his pulled down, if he did not come immediately ; till by the milieu uuwu, ii uv v..^ .."* w ~-"~ the afsembly, he was difsuaded trom using any viol- the day was to decree some extraordinary horn-' ar, v rrmir ; be 1 n the omt either be frightened into a compliance, which own party, %t, bv opposing what was intend. the day was to decree some extraordinary honours to Caesar with a religious supplication to him, as to a divir. determined not to occur in it, yet knew that an oppoj only be fruitlefs but dangerous ; and for that reason - on the other hand, was desirous to have him thi _ . , 1 • . _ I! ,,!,ir- I Will <1 l(»KOfl h' own party, or, ov u^wsmg «...» ~-~ soldiery; but, as he was absent, the decree paised w.t tion 'The senate met again the next day when A absent himself; and '-ye the stage dear ^C, .a. tion of Demosthenes, were called afterwards in* nounced in Ihe sixt .'-third year of his »g* *» d li ninth from the building of the city . (1) E°o cum sperarem ahquando ad x*s< death seemed the most likely means of restoru nate, which his ambition, while alive, had d, artifice of Antony, and the supenor p*A fortune * 552 M. T. CICKRONIS ORATIONE^. debam, nee a republic!, dejiciebafn oculos, (*) ex eo die, quo in sedem Telluris convocati sumus; in quo templo, 'quantum in mef fait, jeci fundamenta pacis: ( 3 ] Atheniensiumque renovavi vctns exemplum: ( 4 ) Graxum etiam verbum usurpavi, quo turn in sedantis discordiis usa erat ci\jtas ilia : atque omnern memoriam discordiarum oblivione sempiterna delendam censui; Prpeclara turn oratio M. Antonii ; egregia etiam voluntas; pax denique per cum et per liberps ejus cum praestantiisimis civibus confir- mata est. Atque his principiis reliqua consentiebant ; ad deli- berationes eas, quas habebat domi de republican principes civi- tatis adhibebat: ad banc ordinem res optimas deierebat: summa cum dignitate et eonstantia ad ea, qua? quaesita erant, respon- debat: nihil turn, nisi quod erat notum omnibus, in C. Ga?saris commentariis reperiebatur. Num qui exsules restituti ? uuum' aiebat, praeterea neminem. Num lmmunitates datae ? nulla 1 , respondebat. Afsentiri enim nos Ser. Sulpieio, clariisimo viro> voluit, ne qua tabula, post idus Martias, urlius decreti Caesaris aut b'eneficii, -figeretur. Multa p'raetereo, eaqtie ptfseclara: ad singulare enim M. Antonii factum festinat oratio. ( 5 ) Dictatu- ram, quae vim jam r'egiae potestatis obsederat, funditus ex re- publica sustulit, de qua ne sententiasquidem diximus: scriptum senatusconsultum, quod fieri veil et, attulit: quo recitato, auc~ toritatem ejus siimmo studio secuti sumus, eique amplifsimrs verbis per senatusconsultum gratias egimus. II. Lux quaedam videbatur oblata, nori mod a regno, quod pertuleramus, sed etiam regni timore sublato : magnumque pig- nus ab eo reipublicse datum, se liberam civitatem eTse velle, cum dictatoris noraen, quod safepe justum fuifset^ propter perpetual dictaturse reeentem memoriam funditus ex republica sustulilset. end was defeated, to which, perhaps, the inactivity of the conspirators at their first setting out did not a little contribute. (2) Ex eo die, quoin cedem Telluris convocati sumus. ] Two days having been spent after Cesar's death in mutual afsurances of ooncord and a'mit) , betwixt the conspirators on the one hand, and Antony on the other; on the third, the senate was convened by the latter in the temple of Tellus, in order to adjust the conditions of their agreement, and. confirm them there by some solemn act. This temple seems to have been particularly chosen for that purpose, on account of its being nigh the Capitol, whither Brutus and his party had tied for refuge. (3) Athe?iiensiumque renovavi velus.exemplum.~\ The Athenians, afte r the expulsion of the thirty tyrants set over them by the Lacedaemonians, enacted a law containing a general act of oblivion for all that was past. (4) Gntxian etium verbum usurpavi.']. viz. eZprnriowr i. e. air amnesty, or act of oblivion (5) Dictatvram qiue vim, &c] The conspirators having been obliged to leave Borne on account of the violence of the mob, who were spirited up by the abetters of Cesar's tyranny, Antony, as a mark of his disposition to oeuce, and to ingratiate himself with the senate, drew up a decree, to 6 CICERO'* OB concerns of my country, torn temple of Tellus; wh( foundations of peace, and revived Athenians. 1 likewise boi that state formerly made use of in quieti their city; and delivered il as my opinion ;<>( civil discord should ho buried in I oblivion Vahje on that occasion was the I mirable top was his disposition towards the st reconciliation was continued by him and hi best of .our citizens. And to' tins beginnii conduct was then agreeable. He summoned sons of the state, to afsist at the consultations, which i his own house, concerning public affair importance before this afseuibly; answ< were put to him, with the g nd hrmn uothing was then found in Cesar's reg knew of. Have any exiles been res; i one. Have any immunities been granted ? hi He even wanted us to agree to what Was pro, trious Ser. Sulpicins, that no bills containing eitb a grant of Caius Caesar, should be posted up after iii March. I omit many other particulars, and those illustJ ones, and hasten to mention an extraordinary action ol Mark Antony's. He utterly abolished the dictatorship* which, some time, had afsumed regal authority; upon which poin dicl not so much as declare our sentiments, lie 1 dinance of the senate, ready drawn up in the manner in w he wanted it should pafs ; upon hearing it read, we complied with the utmost feadinefs ; and, by another act, returned him thanks in the most honourable terms. Sect. II. A new light now seemed to break out upon as, being delivered not only from royalty, to which we had tiially been subject, but from all apprehensions of itsei restored: and great was the proof he gave of his being elined that the^ state should enjoy its liberty, since he ul abolished the office of dictator/ which had often been account of the recent memory of its being made perpetual. senate a few days after seemed to be freed from all appn of bloodshed; the fugitive who pretended to be n abolish for ever the office and name of dictator. '1 he senate pal it were by acclamation, without putting it even to tin- vote; and d< the thanks of the house for it to Antony ; who. him, hadjlxcd an indelible infamy by it 'on Cis.ir, in , that for the odium of his g0\ * * f > such a . ccjlary and popular. 534 M. Liberatus caedis periculo paucis post diebus senatus videbatut j ( ( 6 ) uncus impactus est fugitivo iili, qui in C. Mani nomen in- vaserat ; atque haec omnia comtmmiter cum collegi. Alia porro propria Dolabellse : quae nisi coliega abfuifset, credo eis ruifeii intura communia. Nam cum serperet in urbe infinitum malum, idque manaret in dies latius: iidemque bustum in foro facerent, ( 7 ) qui illam insepultam sepulturam effecerant; et quotidie magis niagisque perditi hominesj cum sui similibus servis, tectis ao templis urbis minarentur : ( 8 ) talis ani mad ver.sio fuit Dolabellae, cum in audaces sceleratosque servos, turn in impuros et ne.farios Jiberos, talisque eversio illius exsecratss columnse, ut mirimj mihi videatur, tarn valde reliquum tempus ai> uno illo die dis- sensifse. Ecce enim kalend. Juniis, quibus ut adefsemus edix^- erat, mutata omnia: nihil per senatum, nmlta et magna pe£ seipsum, et absente pppulo et invito. Consules designati se au* dere negabant in senatum venire :. patriae liberatores urbe care- bant ea, eujus a cervicibus jugum servile dejecerant: quos ta- menipsi consules etin concionibus et in omni sermone laudabant^ (9) Veterani, qui appellabantur, quibus hie ordo diligentifsime caverat, non ad conservationem earum rerum, quas habebant, sed ad spem novarum praedarum incitabantur. Quae cum au- dire mallem, quam videre, ( ie ) haberemque jus legationis libe- rum, ea mente discefsi, ut audefsem kalend, Januariis, quod ini- tium senatus cogendi fore videbatur. IH. Exposui, P. C.profectionis consilium ; nunc reversionis, cruse plus admirationis habet, breviter exponam. Cum Brundu- (6) Uncus impactus est fugitivo Mi, qui in C. Mar ii nomen invaser at. ~\ This Marrus, by some called Chamaces, by others Reraphilus, and by Appian/Amatius, had signalized himself as the chief incendiary at Caesar's funeral, and the subsequent riots ; and thus having served Antony's ends, in driving Brutus and his party out of the city, was afterwards seized and strangled by his order, his carcase dragged by a hook to the Scalie Gemc- niance, and hurled into the Tiber. (7) Qui illam insepultam sepulturam effecerant.'] Cicero calls it insepultam sepulturam, because all the funeral rites were not regularly performed. (8) Talis animadversiojuit Dolabell« ever he pleased, Nn 556 M, T. CICERONIS ORATIONES. sium,it.erque illud, quod tritum in Graeciam est, ( n ) non sine causfL vitavifsem, kalend. Sextilibus veni Syracusas, quod ab urbe ea transmifsio in Graeciam laudabatur ; quae tamen urbs mihi con^ junctifsima, plus una me nocte cupiens retinere, non potuit ; veritus sum, ne meus repentinus ad meos necefsarios adventus suspicionis. aiiquid afferret, si efsem commoratus. Cum autem me ex Sicilia ad Leucopetram, quod est promontorium agri Rhegini, venti detulifserit, ab eo loco coiiscendi, ut transmitte- rem : nee ita multum provectus, rejectus austro sum in eum jpsum locum, unde cortscenderam ; cumque intempesta nox efset, mansifsemque in villa P. Valerii comitis et familiaris mei, pbstridieque apud eundem, ventum exspectans, manerem, mu- nicipes Rhegini compluresad me venerunt, ex his quidam Roma recentes ; a quibus prhnum accipio M. Antonii concionem, quae ita mihi placuit, ut ea lecta de revejrsione primum coeperim co- gitare : nee ita multo post, ( ,2 ) edictum Bruti adfertur et Cafsii ; quod quidem mihi, fortafse quod eos etiam plus reipublicas quam familiaritatis gratia diligo, plenum aequitati videbatur. Adde- bant praeterea (fit enim plerumque ut ii, qui boni quid volunt adferre, affingant aiiquid, quo faciant id, quod nuntiant, laetius,) rem conventuram : kalend. Sextilibus senatum frequentem fore : Antonium, repudiatis malis suasoribus, remifsis Galliis provinciis, ad auccoritatem senatus efse rediturum. IV. Turn vero tanta sum cupiditate incensus ad reditum, ut ftuhi nulli neque remi neque venti satisfacerent : non quo me adtempus occursurum putarem, sed'ne tardius, quam cuperem, reipublicae gratularer. Atque ego celeriter Veham devectus Brutum vidi, quanto meo doiore, non dico : turpe mihi ipsi vi- debatur, in earn urbem me audere reverti, ex qua Brutus cederet ; et ibi veil© tutoefse ? ubiillenon pofset. Neque vero ilium, simili- ter atque ipse eram, commotum efse vidi ; erectusenim maxim i ac pulcherrimi facti sui conscientia, nihil de suo casu, multa de nostro querebatur; ex quo primum cognovi, ( I3 ) qua?, kalend. Sextilibus in senatu fuifset L. Pisonis oratio : qui quanquam parum erat (id enim ipsum a Bruto audieram) a quibus de- buerat, adjutus ; tamen et Bruti testimonio (quo quid potest efse graviusr) et omnium praedicatiorie, quos postea vidi, magnam mihi videbatur gloriam consecutus. Hunc igitur ut (1 1) Non sine causa vitavifsem^ It appears from Cicero's letters to Att* cus, that Antony had some legions at Brundusium ; and it is here insi- nuated, that, having heard of his intention to travel into Greece, they had formed a design of way-laying him. (12) Edictum Bruti adfertur et Cafsii.'] This relates to an edict drawn up by Brutes and Cafsius, iii answer to one published before by Antony, fcharging them with acting in opposition to the public welfare. (13) Qua kalendis Sextilibus i?i senatu fuifset L. Pisonis oratio.'] L. Piso was father-in-law to Ca?sar, and had signalized himself by a vigorous speech • in the senate, on the first of August, in favour of th« public liberty. CICERO S ORATION: jprising. When I had, not without ream, a Brundusium, and left the Kigfa road to Grei racuse about the first of August, because I was told from thence into Greece was the best ; and thou ■•■, 1 i, greatest regard for that city, I could not b stay any longer in it than one night. 1 v den a visit to my friends, if I made an} give some handle for suspicion. But wb contrary winds from Sicily to Leucopetra, a pro territory of Rhjegiuni, I set sail from thence, with pafsing over. I had not proceeded far, howei driven back by a southerly wind to the same p late at night, and I had lodged at the house of 1'. Valerius, companion and friend, with whom I spent the next day i waiting for a wind, a great many of the corporation pfRh gium, and some of them lately come from Horn, see me. These first gave me a copy of Antony's speech, u h so Relighted me, that I began to entertain thoughts of return- ing. Not long after, the edict of Brutus and CalVms v brought me, which I thought a very equitable one, perhaps I cause I love them more on a public than a private account. They told me besides (for it generally happens that those who are deskous of bringing any good news, add something of their own to render it more agreeable) that matters would he made up ; that there would be a full senate on the first of August ; that Antony, having dismifsed his wicked counsellors, and gi\ up his claim to the provinces of Gaul, would return to his alle- giance to the senate. Sect. IV. So ardent upon this was my desire of retur that neither winds nor oars could satisfy my impatience ; i that I thought I could be here in time, but that I might not later than I wished in congratukiting my country. In a si time I reached Velia, where I saw Brutus; with how much concern, I shall not say. I thought it a dishonour for me to dare to return to tha't city which' Brutus had been obliged to quit, and to be desirous of remaining in safety in a place where be coukl not. But he was not affected in the manner that I was ; foi , supported by the, consciousness of so great and gloi he complained loudly of our misfortunes, but said nothing his own. From him I first learned what kind of a speech was delivered in the senate, on the first of August, by L. Piso ; v though he. was but poorly seconded by those whose dul (for this too I heard from Brutus) yet both by the t< of Brutus (and what can be of greater weight?) and the iv. of all those Isaw afterwards, he appeared to me to have acquired great glory. I made haste, therefore, to second him, who ii'ot seconded by those that were present j not that I could I Nn3 55S M. T. CICERONIS ORATIONESc sequever, properavi, quern prresentes con sunt secuti; non ut proiiccrem aliquid (heque enim .sperabaiu id, neque praestare poteram,) sed ut, si quid inibi humanitus acoidiiset ( ,4 ) (multa autem hnpendere vidcbantur pra;ter naturam, prseterque fatum,) hujus tamen diei vocem banc testem reipublicae relinquereni njese perpetuae erga se voluntatis. Quoniam utriusque consilii causam, p'atres conscripti, probatam vobis efse con lido, prius quam de republiea, dicere incipio, pauca querar de hesterna M. Antonii injuria, cui sum amicus: idque me nonnullb ejus officio debere efse, pras me semper . tuli. V. Quid tandem erat causae, cur in senatum hesfcerno die tarn acerbe cogeret ? solus-ne aberam ? an non sgepe minus frequentes fuistis? art ea resagebatur, ut etiam & j grotos defer ri oporteret ? Hannibal, credo, erat ad portas, aut de Pyrrhi pace agebat.ur ; ( ?5 ) ad quam causam etiam Appiura ilium et caecum et senem delation efse, memorise proditum est. De supplicationibus re- ferebatur i quoin genere senatores deefse non solent ; coguntur enim non pignoribus, sed eorum, quorum ^dehonore agitur, gra- tia ; quod idem fit, cum de triumpho refertur ; : ita sine cura cpnsules sunt, ut pene liberum sit senatori non adefse ; qui cum naihi mos notus efset, cumque de via languerem, et mihimet displieerem, misi pro amicitia, qui hoc ei diceret. At ille, vobis audientibus, cum fabris se domum meam venturum efse dixit; nimis iracunde hoc quidern, et valde intemperanter ; cujus enim maleflcii tanta ista poena est, ut dicere in hoc ordine auderet, se publicis operis disturbaturum publiee ex senatCis sententia sedificatam domum? quis autem unquam tantodamno senatorem coegit? ( ,6 ) aut quid est ultra pignus, aut mulctam ? qui si scifset, quam sententiam dicturus efsem, remisifset aliquid profecto de severitate cogendi. (14) Mulla autem impendere videbatdur pr&ter naturam, pra?terquefatum.~\ As the commentary of-Abramius may throw some light upon these words, we shall here transcribe it: Ilia mors, says he, est secundum naturam, et secundum fata, qua', ex principiis naturce inir insects, et ex pugnd quatuor pri- ■marum qualiiaium, una prcevaknte conlingit. Ilia prater naturam quidem, sed tamen secundum fata a qiue ab externa causarum serie infertur ; utfi quis incendio, velnaujragio, vel alio casu per eat. Ilia prceler naturam, prater que fatum, quce nee a principiis natural intrinsecis nee a causis externis agendi necefsitate constrictis, sed ab hominis libertate dependit; ut cum quis mortem sibi consciscit, vel alterim scelere occiditur. (15) ddq'uam caus am etiam Appium ilium, fit caecum, ei senem, &c.} When Fyrrhus sent Cyneas to Rome to negotiate a peace with the senate, several of the senators discovered a strong inclination to enter into a treaty. A rumour of this disposition being spread through the city, came to the ears of Appius Claudius, the famous orator and civilian, who had for sometime, on account of his great age and the lofs of his sight, retired from all public businefs, and confined himself wholly to his family. Upon hearing the report of what pafsed in the senate, he caused himself to be carried in the arms of his domestics to the door of the senate-house, where his sons and his sons-in-law met him, and let him into the afsemblyv which was bushed into a profound silence the moment he appeared. The firm and honest speech which the venerable old man made upon the ' CICF.P.O'S ORAT1' «ny«ei pthatliw but th.it .( 1 should happen to share in inanity (and many thin nature and fate seemed to I to my country the speech I monument oF my affection. fcitners, that my conduct in b approbation, before I enter on beg leave to complain briefl) of the injury done by M. Antony, whose friend I prof! I ought to be so, on account of some ofcli under, I have always been ready to eu l.n.n-. ledj Sect. V. What then was the reason « terday in so harsh a manner to afsisl in the only person absent? have not you frequenl bouse? was the businefs under consideration of such impoi that there was a neeefsity even of carrying Hannibal, I suppose, was at our gates, or the debate a peace with Pyrrhus ; on which occasion great Appius was carried to the senate, old and blind , The question was about supplications, in which kind of d. the senators are generally present, not with a view to save forfeitures, but out of regard to those whose honours are under debate; which is likewise the case when the question j- cerning a triumph. So unconcerned on such an occasion art consuls, that a senator is almost at liberty to be absent was no stranger to this form, fatigued with my journev, an easy in my own thoughts, I sent, as a friend, to acquaint him with it. But he, in your hearing, declared that he would come himself to my house with workmen. Too pafsionatelv, iri and intenaperately spoken ! for what crime could deserve such a punishment as could justify his declaring in this atsemhly, that he would come with the workmen of the public, to pull d a house built by a decree of the senate at the public ctta Who ever laid a senator under such compulsion ? or wh; >.\ nalty is there in such a case beyond a forfeit or a fine : I [ad he but, known what I had to say, he would certainly have somewhat of his severity. occasion, so awakened the Eoman spirit in the senators, that •. ther debate, they unanimously passed a decree instantly to di«mifs tl bafsador with this answer: that the Romans would enter int,> no \ king Pyrrhus, so long as he continued in Italy ; but with all th would pursue the war against him, though lie should vanquish a thousand La- vinius's. (61) Aut quid est ultra pigrus, ant mulctam ?~\ In the latter tirrfr*: < •republic, the usual wa\ of calling the senators was by an I the time and place, and published several days before* that I might be more public. If any senator refused or neglected t Summons, the consul could oblige him to give surety tor the payintt certain fine, if the reasons of his absence should not be .14 560 M. Ti CICERONI^ ORATfONES, VI. An me censetis, P. C. quod vos inviti sccuti estis, decree turum luiisc, ( 17 ) ut parentalia cum supplicationibus miseeren- tur ? ut inexpiabiles reiigiones in rempublicam inducerentur ? ut deeernerentur supplicationes mortuo ? Nihil dico cui : fuerit ille L. Brutus, qui et ipse regio dominatu rempublicam libera- vit, ( ,s ) et ad similcm virt litem, et simile factum, stirpem jam. prope in quingentesimum annum prppagavit: adduci tamen non poi'sem, ut queriquarn mortuum conjungerem cum dec-rum im- inortalium religione; ut, cujus sepulcrum usquam exstet, ubi parentctur, ei publics s'upplieetur. Ego vero earn sententiam dixifsem, patres conseripti, utme adversus populum Eomanum, si quis accidifset gravior reipublicse casus, si bellum, si morbus, si fames, facile poi'sem detendere ; quae partim jam sunt, par- tim timco ne impendeant. Sed hoc ignoscant dii immortales, velim et populo Romano, qui id non probat, et huic or.dini, qui decrevit invitus. Quid, de reliquisreipublicsemalislicet-ne dicere 1 ? mibi vero licet, et semper licebit, dignitatem tueri, mortem cohtemnere : potestas modo veniendi in hunc locum sit, dicendi periculum non recuso. Atque utinam, P. C. kalendis Sextilibus adefse portuifsem ! non quo profici potuerit aliquid, sed ne unus modo consularis, quod turn accidit, dignus illo ho- nore, dignus republica inveniretur. Qua quidem ex re mag- num accipio dolorem, homines amplifsimis populi Romani bene- fices usos, L. Pisonem, ducem optimse sentential non secutos. Idcirco-ne nos populus Romanus consules fecit, ut in altifsimo amplifsimoque gradu dignitatis locati, rempublicam pro nihiio liaberemus? non modo voce nemo L. Pisoni consularis, sed ne vultu quidem afsensus est. Quaiaam (malum!) est ista volun- taria servitus ? fuerit quajdam necefsaria ; nee ego hocab omni- bus iis desideroy qui sententiam lococonsulari dicunt ; alia causa est eorum, quorum silentio ignosco ; alia eorum, quorum vo- cem .requiro; quos quidem doieo in suspicionem populo Ro- mano venire, non modo metus,quod ipsum efset turpe, sed ahum alia de causa deefse dignitati suae. (17) Ut parentalia "cum supplicationibus miscereniur •.] The parentalia ■ were only feasts held,- and sacrifices offered in memory of the dead. They were called parc?italia, because performed on account of parents and rela- tions. (18) Et ad similem virtutem, et simile factum stirpem, Sfc.^ This ac- count of M. Brutus's descent from L. Brutus,' who expelled Tarquin, and gave freedom to Rome, is called in question by some of the ancient writers ; and particularly by Dionysiusof Balicarnafsus, 'who alleges several argu- ments against it, which seems to be very plausible. While Brutus, lived, however, it was universally allowed to him : Cicero mentions it frequently as a fact that nobody doubted ; and often speaks of the image of olcl Jjiui'i, which Marcus kept in. his house among those of his anc^^rs : and AUicus, who was peculiarly curious in the antiquities of the flpni CICERO'S ORATIONS. " SEC 'T- VI. D0 } '0l.inuto,nr,(un «r.pt lathers, that . ^ | Were obliged to comply, I would have given i,„. ing parental obsequies with public than! cing inexpiable rites into the state? lo. . .toadead person, I will not say who? Had ,i I who, with his own hand, delivered Rome horn and, at the distance of almost live hundred gated a race, virtuous like himself, to do thru country the like glorious service, I should never have ken prevailed up blend the honours of the gods with thai of a dead man; ri sent that he, who has no where a monument i obsequies, should have public supplications paid him. conscript fathers, were the sentiments I should have delii that I might have easily justified myself to the people of I incase of any heavy calamity, through war, through , or famine; part of which has already fallen upon as, and I am afraid, threatens us. But I hope the immortal pardon the people of Rome, Avho do not approve it ; and the senate, who decreed it contrary to their inclinations. What! .must we not speak of the other grievances of the state } 1 mav, and ever will afsert my dignity, and despise death. Let me but have the liberty of coming into this afsembly, and I shall Recline the danger of speaking freely. And, () conscript la- thers, that I could have been present on the first of August ! ,not that my presence could have been of any service, bat that there might not have been, as was then the case, onlv on sular person, wljo was worthy of that honour, and worthy of the state. This, indeed, is matter of great concern to me, that the men who have enjoyed the highest honours of the state, did ,not second L. Piso, who made so excellent a proposal. \ for this th,e people of Home raised us to consular dignity , thai when placed in the highest and most honourable station, we should set at nought the commonwealth - ? Not a consul prefsed, nor even looked afsent to what Piso proposed. \ on this voluntary servitude ! it is too much that we at to a necefsary one. I do not expect that all those- who consular rank, should deliver their sentiments. '1 I whose silence I pardon, is different from theirs whose \ mand. lam indeed sorry to see them suspected by the 1 people, not of fear only, though that would of, being severally wanting to their dignity, for several ca families, drew up Brut,us's genealogy for him, deducing his that old hero, in a 'direct line through all the intermediate • father to son. Cvrrt. Nep, vil, Ait. M. T. CICERO&IS ORATIONES. VII. Qqare primam maximas gratias et babeo et ago L'.Tiscni, qvi-uo.n, quid eflicere poise t in republica, eogitavit, sed quid ere debevet: deinde a vobis, F. C. peto, ut, etiamsi se- qvii minis audebitis orationem atque auctoritatem nieam, benigne me tamen, ut fecistis adhuc, audiatis. Primuiii igituracta Ceesa- ris servanda censeo : non quo probem ; quis enim id quidem potest? sed quia rationem habeodam maxime arbitror pacis at- que otii. ( lg ) Vellem adefset Antonius, modo sine advocatis ; sed, ■ut opinor, licet ei minus valere: quod mihi heri per ilium non licebat. Doceret me, vei potius vos, P. C. quemadaioduna ipse Caesaris acta defend erit. An in commentariolis et chirographis, et libellis se uno auctore prolatis, ac ne prolatis quidem, sed tantummodo dictis, acta Caesaris rirma erunt ? queeille in aes in- cidit, in quo popuii jufsa, perpetuasque leges efse voluit, pro nibilo habebuntur? Equidem sic existimo, nihil tarn efse in actis Caesaris, quam leges "Caesaris; an, si cui quid ille promisit, id erit fixum ? quod idem facere non potuit, ut multis multa pro- mi. >a non fecerit; quae tamen multo plura illo mortuo reperta sunt, quam vivo beneficia per omnes annos tributo, et data; sed ea non muto, non moveo: summo enim studio praeclara ill his acta defendo: ( zo ) pecunia utinam ad Opis maneret ; omenta ilia quidem, sed b\s temporibus, cum iis, quorum est, non red- ditur, necefearia; quanquam ea quoque sit effusa, si ita in actis tfuit. Ecquid est, quod tarn proprie drci pofsit actum -ejus, qui togatus in repub. cum potestate imperioque versatus sit, quam lex ? quaere acta Graqcbi, leges Semproniee proferentur : quaere ;Sul!ee, Corneliae : quid ? Cn. Pompeii tertius consulatus in quibus actis constituit ? nempe in legibus : a Caesara ipso si quaereres, quidnam egifset in urbe et in toga ; leges multas respotfderet se et praeclaras tulifse; cbarographa vero aut mutaret, auction da- ret : aut si dedifset, non istas res in actis suis duceret. Sed ea ipsa concedo: qujbusdam in rebus etiam conniveo : in maximis vero rebus, id est, legibus^ acta Caesaris ciifsolvi ferendum non puto. (19) Vellem adefset Antoniuss modo sine advocatis. ~\ Cicero here means those veteran soldiers whom Antony generally carried with him to the se- nate house, in order to intimidate the senators, and awe them into a com- pliance with his measures. (20) Pecunia utinam ad Opis maneret. ~\ Among other instances of Antony's violence, he seized the public treasure, which Cass ar had deposited for the occasions of the government in the temple of Ops, amounting to above live millions and a haft of our money. With this he paid off his debts, -which, at thetimeof Csesar's death, amounted to above three hundred thousand pound's; purchased soldiers; and gained over to his measures his colleague Dolabella, who had long beea opprefsed with the load of bis debts. CICERO'S OR ATI i Sect VII. In tiie first place, then, [ return knowiedgments to L. PisO, who con- power, but what was Ins duty, to do place, I beg of you, conscript fathers, that tlio not have the courage to support my speech and m you would at least, as you have hitherto don voura'ble hearitlg. Fust, then. I Caesar's acts should be confirmed ; not that I a] who indeed can? but because 1 think w< greatest regard to peace and tranquillity. I v present, but without his counsel. He, I n lege to be indisposed, though yesterday I could i indulgence. He would show me, or rather you, t thers, in what, manner he defends Caesar's of Caesar, contained in his notes, his minutes, and memoranda produced by this man only, nay, not even produced, hut to be extant, remain in force? and shall what brafs, by which he admitted the commands of the people, . declared their laws perpetual, be of no account? 1 am ind of opinion, that nothing is so much the act of ( tassar, as I of Ctesar. If he has made any promises to one, must those pro- mises remain in force, when he himself could not have p formed them? as he actually made many promise which he never performed; but which are found out in much greater numbers since his death, than he ever bestowed boun- ties in his life. Yet these, I am neither for changing, nor a! ing ; nay, his noble acts I defend with the greatest zeal. I « the money were still in the temple of Ops. It was ind stained with blood ; but since it is not restored to those to whom it belongs, it might be serviceable to us on this occasion. let that too be difsipated, if Caesar's acts will have it so. Is t 1 . any thing that can with so much propriety he called tin* art of a man, who in peaceful robes was invested with power and authority in the state, as a law which he pafsed ? ask tor the acts of Gracchus, and the Seinpronian laws will k ask for Sylla's, the Cornelian. Besides, in what * Pompey's third consulate ? In his laws, most you asked Caesar himself what lie had done in the nate, he would have replied that he had pafsed n cellent laws. But as to his notes, he would either hu\ e them, or not given them; or i£ he ha i them, be not have reckoned them among his acts. , I give up, some others I connive at: but in the m points, that is, in his laws, I am of opinion tfcil suffer Caesar's acts to be annulled. 561 U. T. CICERONIS ORATTIONES. VIII. Qua? lex mclior, utilior, optima etiam republ. saspiu& flagitata, quam ne pnet6ri£ provincial plus quam annum, neve plus quam biennium consulares obtinerentur ? Hac lege sublata, videnuirne vobis acta Cresaris servari? ( ZI ) quid? ea lege, qua? promulgata est de tertia decuria, ncnne omnes judicariae leges Crcsaris clifsolvuntur ? et vos acta Caesaris defenditis, qui leo-es ejus evertitis ? nisi forte, si quid memoria causa retulit in libel- lum, id numerabitur in actis, et quamvis iniquum et inutile sit, defendetrur : quod ad populum centuriatis comitiis tulit^ id in ac- tis Caesaris non habebitur. At quae est ista tertia decuria ? Centurionum inquit: quid? isti ordini, judicatus lege Julia, etiam antea Pompeia, Aurelia non pateHat ? Census praefmieba- tur, inquit, non centurioni quidem solum, sed equiti etiam Ro- mano. Itaque viri fortifsimi atque honestifsimi, qui ordines duxerunt, res et indicant etjudicaverunt. Non quaero, inquit, istos : quicunque ordinem duxit, judicet. At si ferretis, qui- cunque equb meruifset, quod est laudatius, hemini probaretis. In judice enim spectari et fortuna debet, et digmtas. Non quaero, inquit, ista: addo etiam judices manipulares, (**) ex ie- gione Alaudarum ; alitor enim nostri negant pofse se salvos efse. O contumeliosum honorem iisquos adjudicandum nec-opinantes vocatis ! hie enim est legis index, ut ii in tertia decuria judicent y qui libere judicare non audeant: in quo quantus est error, dii immortales, eorum, qui istam legem exeogitaverunt ! ut enim quisque sordidifsimus videbitur, ita libentifsime severitate judi-* candi sordes suas eluet : laborabitque, ut honestis decuriispotius dignus videatur, quam in turpemjure conjectus. IX. Altera promulgata lex est, ut et de vi, et de majestate datrmati, ad populum provocent, si velin't : haec utrum tandem lex est, an legem omnium difsolutio ? quis enim est hodie, cujus intersit istam legem manere ? nemo reus est legibus illis, nemo quern futurum potemus; armis enim gesta nunquamprofectoin judicium vocabuntur. At res popularis ; utinam quidem vellct (21) Quid? ea lege, qul or more frequently demanded in 1 .titan that the praetorian provin than a year, nor the consular longer than tv abolished, can you imagine tha What! are not all Caesars judicial laws which has been promulged in delation to a thin And do you defend Cassar's acts, who thus ab Jefs whatever he set down by way of in pocket-book, i& to be deemed his act, and, hov Fefs soever, to be defended ; whilst that which he fullest afsemblies of the people, is nor to b of his. But of whom is this third decu turions, says he. How? by the Julian law ; by the Pompeian and Aureliati, that order all judicial authority. A Certain estate, says he, w Yes; and that not only to a centurion, but to a Roman kn Accordingly the bravest and worthiest men that at of corps still act, and have long acted in a judicial I mean not these, says he, but let every man that \\,i> corps, have a power to judge. But if you were to enai whoever had served on horseback, which is the more honourable service, might sit as judge, you would not gain the approbation of a single person ; for in a judge, both his rank and fortune are to be regarded. These, says he, I do not mind ; 1 am even for creating additional judges out of the subalterns of the Gallic legion; for otherwise, our party say, they cannot be safe. I. proachful honour to those, whom you thus unexpectedly ra to the seat of justice; for this is the title of the law, tha should act as judges in the -third decury who arc not at lib* 1 to judge freely. Immortal gods! what an error was tin* in those who contrived that law; for in proportion as each shall -appear a contemptible tool, the more solicitous will be be to wipe off his infamy by judging with severity, that h< to be worthy of being a member in the honourable, rather than to be thrust deservedly into the disgraceful declines. men i Sect. IX. There is another law protyulged, by wh who are convicted of violence and treason, may appeal, n please, to the people. Whether now is tins a law, or an gation of all laws? For what man living is there, who it is that this law should pais? No one is prosecuted upon laws, nor any one likely to be; for men surely will never he brought to a trial for what they have done in a it the the officers of this legion, and added to the other t- knights; for which Cicero often reproaches 1 1 1 1 ) famous prostitution of the dignity of the republic. 566 M. T. CICERONIS ORA^IONES. is aliquid efse populare ; omnes enim jam Gives de reipub. salute, una et mente et voce consentiunt. Quae est igitur ista cupiditas ejus legis ferendae, qua?, tnrpitudinem summam habeat, gratiam nullam? quid enim turpius, quam qui majestatem pe- puli Romani per vim minuerit, eum damnatum judicio, ad earn ipsam vim reverti, propter quam sit jure damnatus? Sed quid plura de lege disputo ? quasi vero id agatur, ut quisquam pro- vocet; id igitur, id fertur, ne quis omnino unquam istis legibus reus fiat. Quis enim aut accusator tarn amens reperietur, qui reo condemnato objici se multitudini conducta) velit? aut judex, qui reum damnare audeat, ut ipse ad operas mercenarias statim protrahatur? Non igitur provocatio ista legedatur: sed d use maxime salutares leges qusestionesque tolluntur. Quid est igi- tur aliud adhortari adolescences, ut turbulenti, ut seditibsi, ut perniciosi cives velint efse? quam autem ad pestem furor tri- bunitius impelli non poterit, his duabus quaestionibus, de vi, et de majestate sublatis ? Quid, quod obrogatur legibus Csesaris, quae jubent ei, qui de vi, itemque ei, qui majestatis damnatus sit, aqua et igni interdici? quibus cum provocatio datur, nonne acta Gaesaris rescinduntur ?, Quae quidem ego, P. C. qui ilia nun- quam probavi, ita conservanda concdrdiae causa arbitratus sum ? ut non modo, quas vivus Caesar leges tulifset, infirmandas hoc tempore non putarem, sed ne illas quidem quas post mortem Csesaris prolates efse et fixas videtis, X. De exsilio reducti a morti*q: civitas data non solum sin- gulis, sed etjam nationibus et provinciis universis a mortuo: immumtatibus infinitis sublata vectigalia a mortuo. Ergo~ haec uno, verum Optimo, auctore domo prolata defendimus: eas leges, quas ipse vobis inspectantibus recitavit, pronuntiavit ? tulit, quibus latis gloriabatur, iisque legibus rempublicam con- tineri putabat, de provinciis, de judiciis, eas inquam, Caesaris leges, nos, qui defendimtis acta Caesaris, evertendas pntamus ? At de iis tamen legibus, quae promulgate sunt, saltern queri pofsumus : de iis, quae jam latae dicuntur, ne illud quidem |icuit ; illae enim nulla promulgatione latae sunt ante quam scrip- tae. Quaerunt quid sit, cur aut ego, aut quisquam Vestrum, P. Co bonis tribunis plebis leges malas metuat j paratos babemus CICERO s ORATIONS. tiling is popular. I wish, indeed* he w< hing to be popular; for all ti, - r now io and voice, as to the this eagernel's for a law, which lias < and nothing popular ? for whal the man who has by force viol Home, and has been lawfully condemned for In have recourse to that violence, of wu legally convicted? But why oood I talk m< the debate now were, that an tion and import of the whole is, bhat n seeuted on these laws. For when frantic to be found, as to be willin penary mob, after a criminal is would venture to pais sentence upon the party himself might be dragged, the next moment, Ik mercenary mechanics r An appeal then is not the t ; i by this law ; but two other laws and proceedings . hi, tary are reversed. For what else is it, but an to young- fellows to become seditious, turbulent, and pe citizens? For to what fatal extremities may not the tribuiii; power be pushed, if the two laws relating to violence and t son are abolished? What! shall we render Csssaf'fl laws of n effect, which order that one convicted of violence Of should be deprived of the benefit of lire and water? An such an appeal be allowed,. are not Tatar's acts abolish Which acts, even I, conscript fathers, who never approved of them, have always thought should be preserved tor (he peace; so that I not only disapproved of invalidate those laws which Caesar pafsed in his life-time, but e\v:. ti which you have seen exposed and posted up since his death. Sect. X. By the dead are exiles recalled: by the tL ad the freedom of Rome is granted, not to prifa even to whole nations and provinces: by the dead, nui corporations have their taxes remitted. \\ L pro- duced then from his house, upon a single, but an unque evidence, we defend: and shall we, who cor, think of abolishing those laws, winch he himself, in our si recited, pronounced, enacted; laws, which he valued hi upon ; Lws, in which he thought the wh< m ol OUi vernment comprehended ; laws, winch affect our proftl our trials? Yet of those laws wL nly prop, at least at liberty to complain ; as to those wh already pafsed, we have not even that lit* out being proposed, were pafsed before the They ask, why either I, or any oi you, conscript fathers, lb 563 M. T. CICERONIS ORATIONES. qui intercedant; paratos qui rempublicam religione defendant : vacui inetii else debenius. Quas tu mihi, inquit, interce'fsioncs, quas religiones nominas? eas scilicet, quibus reipublicae salus continctur. Negligimus ista, et nimis antiqua, et stulta duci- juus. Forum scpietur: omnes claudentur aditus: armati in prarsidiis myitis locis collocabuntur : quid turn? quod erit ita gestum, id lex erit? et in aes incidi jubebitis? cedo, ilia legiti- ina; (") CONSULES POPULUM JURE ROGAVERUNT (hoc enim a majoribusaccepimus jus rogandi) POPULUSQUE JURE SCIVIT: qui populus? isne quiexclususest? quo jure? at] eo, cjiiod vi et armis omne sublatum est? Atque baec dico de futiiris : quod est amicorum, ante dicere ea, quae vitari pofsunt : quae si facta non erunt, refelletur oratio mea. Loquor de legi- bus promulgatis, de quibus est integrum vobis: demonstro vi- tia; tollite: denuncio vint, arma; removete. XL Irasci vos quidem mihi, Dolabella, pro republica dicenti non oportebit; quanquam te quidem id facturum non arbitror: noYienipi facilitatem tuam. Collegani tuum aiunt in hac sua fort una quae bona ipsi videtur: mihi, ne gravius quidpiam dicam,' ( 14 ) avorum et avunculi sui consulatum si imitaretur, fortunatior videretur: seel eum iracundum audio efse factum. Video au- • tern, quam sit odiosum habere iratum eundem et armatum, cum tanta praesertim gladiorum sit impunitas: sed proponam jus, ut ©pinor, aequuni; quod M. Antonium non arbitror repudiaturum. Ego, si quid in vitam ejus aut in mores cum contumelia dixero, quo minus mihi inim^cifsimus sit, non recusabo ; sin consuetu- di'nem meam [quam semper in republica habui] tenuero, id est, si libere, quae sentiam, de republica dixero," primum deprecor, ne irascatur: deinde, si hoc non impetro, peto, ut sic irascatur, ut civi : armis utatur, si ita necefse est, ut dicit, sui defeno'endi causa : iis qui pro republ. quae ipsis visa erunt, dixerint, ista arnta ne noceant. Quid hac postulatione dici potest aequius? (&iod, si, ut a quibusdam mihi ejus familiaribus dictum est, omnis etiD), quae habetur contra voluntatem ejus, oratio gravker-offen- dit, etiamsi nulla inest contumelia, feremus amici naturam : sed iidem i 11 i ita mecum : Non idem tibi adversario Caesaris licebit, Qtfocl Pisoni socero : et simiil aclmonent quiddam > quod cave- ^S) Consuks populism jure rogaverunt.'] These words appear to have been the preamble to all the bills which the Roman people pafsed. (24) A'corum et avunculi sui consulatum" si imitaretur .] M. Antony, the iled orator, was his grandfather, who fell a victim to ISlarius's cruelty : and the uncle here meant, was L. Csesar, who had been consul with C. Figulus ; he was a person of -great integrity, and well affected ta the state. CICERo's 0RATK W afraid - people. VV i have, who Us lb lay i do you tell tution depends, antiquated and ridiculou • I al! the iivniiK s to it slmi up places, as shall be law, ahd you posing the following legal form ol consuls inform require (n uch consent v ed from < people in form ided. By what right? is it by that whi< by force and arms? And this happen; as it is the part of a friend to wnatmay.be avoided: if the tin; speech will be confuted. 1 speak of the la\ hich it is yel in your power to prevent p * Its, amend them ; 1 speak of force and ma. t. XI. Yon must not bo : speaking in my country's causey though, jncta you will, for I know yoiir gobd-nat'uri colleague, in this his good forum me, not to make use of a bar her exprefsion, more fortunate, were he to imitate tn and ancestors; but they toll me that he is i how undesirable athing it is that a man ised and armed, espcciall . punity. But I will propose wha sonable; and this, I imagine, Antony will not or character, let him bfec < . :m ; but if I done, I beg, in I ngry ; m the next, if h ' i ■ ry for the defence of his p not these arms injure I ic" of his h'lO M. T» CICERONIS ORATIONE^ bhnus; nee eritjustior, P. C. in senatum non veniendi motfci Causa, quam mortis. XII. Sed, per deos imm'or'talcs! te eriim intuens, Dolabella^ qui es mihi carifsimus, ( iS ) nompofsum de 'latriusq'ue vestrutn er- rb're reficere. Credo enitn vos homines nobiles, magna quaedam spectantes, non pecuniam, ut quidam nimis creduli suspicantury qua) semper ab ampliisimo quoque clarifsimoque content] pta est ; non opes violentas, et populo Romano minime ferendam poten- tium, sed caritatem eivium, et gloriam eoncupiise ; est autem gloria iaus recte facto rum, magnoi'umque in rempublicam meri- torum, quae cum dptimi eujusjque, turn etiam nmkitudinis testi- monio comprobatur. Dicerem, Dolabella, qui recte facto- rum fru'etus efset, nisi te prueter caeteros paulisper efse expertum viderem. Quern potes recordari in vita tibi illuxiise diem lvetic- l'em, quam cum, ( 26 ) expiato foro, difsipato concursuimpiorum, principibus sceiens poena ariectis>, urbe inceudio et cacdis metu jiberata, te domum recepisti ? cujus ordinis,. cuius generis, cu- jus denique fortume studia turn laudi, et gratulationi tuae non obtulcrunt ? Quito mihi etiam, quo auctore te in iis rebus uti ar- bitrabantur, et gratias boni viri agebant, et tuo nomine gratu- kbantur. Ilecordate, quaso, Dblabella, consensuni ilium thea- tri, cum omnes earuxn rerum obliti, (* 7 ) propter quas tibi fue- lantoffensi, significarunt se beneficio novo* memoriam veteris do- loris abjecil'se. Hanc tu, P. Dolabella, (magno loquor cum do- lore,) banc tu, inquam, ( l8 ) potuisti aequo sinimo tantam digni- tatem depone re ? 'XIII. Tu autem, M. Antoni, (absentetn enitn appello,) ( l 9)unnm ilium diem, quoin a:de Telltfrisse-iatusluit, nonomni- (?j) JS'on pofsum de utri usque vesirum errore reticere."] Our orator's ad- drrrs.to Antony and Dolabella is extremely pathetic, and contains some noble ana! exalted sentiments. The path to true glory is so clearly pointed out, together with the substantial satisfactions arising from tlie pursuit of it, that one is apt, at first, to wonder how it could fail to produce come good effect. But a little reflection on human life and characters will be sufficient to convince us, that the dictates of reason, and the soundest mas philosophy, even when drefsed out in the brightest colours of eloquence, make but alight imprefsions upon a mind under the habitual influence of ambition and vitious prejudices. r26) Expiato for 0.] This refers to the demolition of the pillar mentioned above, Which was matter of so great joy to the city, that the whole body of the people attended Dolabella to his house, and in the tiireatres gave hiin the usual testimony of their thanks, bv the loudest acclamations. .(X J 7) Propter ai/as tibi /iterant f'Jfensi."] in the year of Rome 70t>, Dola- bella had, by the fiction of an adoption into a plebeian family, obtained the tribunate, and raised great tumults and disorders in Rome, by a law, which he published, to expunge all debts. This was a source of no small airlic- tion to his father-in-law Cicero, who complains- heavily of it, in m< his letters to Atticus. fclDERO's ORATIONS, 571 law. They likewise admonish me of something which I shall guard against; nor shall sickuefs, conscript lathers, be a better excuse for not attending this house, than death. Sect. XII. But) by the immortal gods! while I behold vou, Dolabefla, for whom I have the tendercst regard, 1 cannot' lot- bear mentioning the errors of you both. For I take you to be men of noble and exalted views, whose aim, as some who are too credulous suspect, is not money, which the great and illustrious always despise, nor a formidable interest, nor power intolerable to Rome ; but the Jove of your fellow-citizens and glory* Now, true glory is the praise attending virtuous actions, "and eminent iservices performed for our country, confirmed by the voice of every gOod man, and by that of the public. I would here, Do- labella, mention the fruits of virtuous actions, did I not know that you have tasted a few of them. Can you recollect that any day of your life has given you greater pleasure than that on Which you retired to your own house, after having expiated the forum, scattered the afsembly of the wicked, punished the ring- leaders of iniquity, and delivered the city from all apprehensions of flames and slaughter? What rank, what condition, what Station did not, with the warmest zeal, applaud and congratu- late you ? Even I, by whose advice these actions were thought to have been performed, received the thanks of the worthy upon that occasion, and was complimented on your succels. Call to mind, I beseech you, Dolabella, that applause of the theatre, when all men, forgetting what you had done to offend them i declared that your late services had made them forgive your past conduct. Can you, Dolabella, (with deep concern I speak it;) can you, I say, patiently relinquish such dis- tinguished honour ? Sect. XIII. And do not you, Mark Antony, (for I speak to you though absent,) prefer that one day when the senate met in the temple of Tellus, to all those months during which some, who (28) Animb fcior? quo popubis Roman us? qui qui- dem nulla in condone miquam frequentibr imt: denique libe- lati per vires fortifsimos viciebamur: quia, ut illi voluerant, liber- al p&% consequebatur. Proximo, akero, rebquis eonsecutis diebus- non intermittebas quasi donuin aliquod quotidie adferre. reipubiicas: maximum autem illud, quod dictaturye n-omen sustu- listi ; bae ihusta'esfe a te, a te, inquam, m-srtuo Caesari nota ad ij>nominiam sempiternam. Ut enim (5'} propter uc-ius M. Alanlii seeing, decreto gentis Aianlia 1 , neminem patrieium M. Manlium "vocari beet: sk tu propter unius dictaioris odium, nomen dicta- toris fund-itirs sustulisti. Nutn bnjusee, cum pro salute reipubl-i- eye t-anta geisiises, fortuna- te, num ampbtudinis, nam claritatis,- luun g4on?e poenitebat ? Untie igitur subito-tanta ista mutatio ? 'non pofsum ackkici, utsuspicerte pecunia captum: lieet, quod cuique libet, loquatur; credere non est necefse, nibil enim unquam m te v sordidttni, nihil huniile cognovi: ( u ) quanquani soient domes- tici depravare nonnunquam; sed novi firmitatem tuam ; atque utinain ut culpani, sic etiam suspicionem vitare potuifses. XIV. -'Illud uiagis vereor, ne ignorans verum iter glorise, gjoriosum putes, plus te unum poLe quam omnes, ct nietui a civibus tuis, quam diligi malis. Quod si ita putas, totam ig- '"ti-oras via m gloria?. Carum else civem, bene de republica me- reri,iandari, cob, diligi, gioriosum est; metui vero, et in odio efse,' inviliosiun, detestabiie, imbecillum, eaducum. ( 33 ) Quod videmus etiam in tabula, ipsi illi, qui oderint dum metuant dix- erifc, per'njeipsiim fnifse. Utinam, Anton? , arum tiuirn memi- nilses": ■ ' amen multa audi'sti ex me, eaque saepifettne. Putasno ilium immOrtalitatem mereri voluifse, ut propter armo- rum 'atb'-atLruivi bcontiam metueretur? ilia erat vita, illasecun- da ioftuua, libcrrate else, parem c&teris, principem dignitate, i'-i-jne, ut omirtam res avi tui prosperas, aceroibamum ejus diem . s sq)rennim mrdim, fjuam L. Cinnye dominatimi, a quo ille (30) Depositis inimicitiis, cblitus aiispiciorum.~\ Antony had been jealous of Do label k;, as a rival in Caesar's tavcur ; and .when Caesar promised to usign the consulship to Dolabeila, before-he went to the Parthian war, Antony protested, that by his authority as augur, lie .would disturb that election, whenever it should be attempted. (31) frobier unius 31. Mcmlii scdus.~\ This was the Manlius who had so bravely (lete'ntled the capitol when besieged by the Gauls; but being SUS- peciect of alTccling regal aiithority, was afterwards thrown off iheTarpeiaa reek into the Tiber. (3'J) Qftanijidm solevf. d&rnes'titi depravare jionnwiquam.'] Cicero here hints at the avarice of Fulvia, Antony's wife'. (33) Quod t-idemus etiam in/dbulu, &c] A saying frequently made use of by AcciuS; the poet, in his tragedy of Aire^is, i CICERo's ORAi : think very dilTorc ntly from i you then made about i you then deliver the vi On that day, lave. and acting yoi league should be you r col your own farads into t ; there ever a day of gri the people of Rouic > Was that? It was then we \ because, as they intended,. peace foH»\v»d our next, I 'wing, the third, and never failed to make some but the greatest of ail was Your abolishing t • TittS was an indelible infam memory of Grsar; tor, as on account of the • son, named Marcus Maulms, by a decree of : ?io patrician can bear that name; so you, on aceoun detestation of one dictator, have utter! y ab< When you had done such great tiling -; Hjr you difsatislied with the fortune, the dignitv, tin: renown, glory you had acquired f whence then I change? I can never suspect that you ate im. let every man speak as be pleases- there is no n , lieve him: but I never knew you guilty of any t!m; mean or dirty. Domestics, UgeV feed, are wont so. rupt their masters; but I know your hrmnefs; and I would be as free from suspicion as you are from guilt. Sect. XIV. I am more afraid of this, lest, mi v. path to glory, you'should think it glorious to be yourself than ail men besides; and c'ao<> than loved, by your fellow-citizens. But ii I timents, you wholly mistake the road to g!o. our countrymen, to deserve well of the state, to be pi spected, and beloved, is truly glorious; but to be div held in abhorrence, is odious, detestable, we We find even in the play, that to the man vvl|i while they fear, the maxim proved fatal. 1 wish, would call to mind your grandfather, of whom you h ine make sue!) frequent mention. Do you thiuK that have been desirous of purchasing ii of being the dreaded master of lawlefs arms? !'. his prosperity this, in liberty' to be equal, m u 1 others. To omit, therefore, the prosperous eircuo your grandfather's life, I would choose Ins lal it was, rather than China s lawlefs power, V 574 M. T. CICERONIS ORATIONES, crudelifsime est interfectus. Sed quid oratione te fiectam ? si e.nim exitus C. Caesaris efficere non potest, ut malis carus efse, quam metui, nihil cujusquam proficiet, nee valebit oratio ; quern qui beatum fuifse putant, miserrimi ipsi sunt. Beatus est nemo, qui ea lege vivit, ut non modo impune, sed etiam cum summa mterfectoris gloria, interfici ppfsit. Quare flecte te, quaeso, et majores tuos respice, atque ita guberna rempublicam, ut natum te efse cives tui gaudeant ; sine quo nee beatus, nee clarus quis- quam efse potest. XV. Et ( 3 +) populi quidem Romani judicia multa ambo habe- tis, quibus vos non satis moveri permoleste fero. Quid enim gladiatoribus clamores innumerabilium civium? quid populi con- cursus? quid Pompeii status plausus infiniti? ( iS ) quid duobus tribunis plebis qui vobis adversantur? parum-ne hacc significant incredibiliter consentientem populi Romani universi voluntatemi ( 36 ) Quid? Apollinaribus ludis plausus, vel testimonia potius, et judicia populi Romani vobis parva efse videbantur? O beatos illos, qui, cum adefse ipsis propter vim armorum non licebat, aderant tamen, et in medullis populi Romani ac visceribus haere- bant! nisi forte Accio turn plaudi, et sexagesimo post anno pal- man dari putabatis, non Bruto ; qui suis ludis ita caruit, ut in illo apparatifsimo spectaculo studium populus Romanus tribuerit ab- senti, desiderium liberatoris sui perpetuo plausu et clamore le- merit. Equidem is sum, qui istos plausus, cum a popularibus civibustribuerentur, semper contempserim : idemque cum a summis, mediis, insimis, cum denique ab universis hoc idem fit; cumque ii, qui ante sequi populi consensum solebant, fugiunt; non plausum iilum, seel judicium puto. Sin haec leviora vobis videntmy quae sunt gravifsima, num etiam hoc contemnitis, quod sensistis ( 3? ) tarn caram populo Romano vitam A. Hirtii luifse? satis enim erat, probatum ilium efse populo Romano, ut est: jucundum amicis, in quo vincit omnes: carum suis, quibus . — -t— ■ j ' — t I " ' ! : — — » — ' (34) Populi quidem Romani judicia multa ambo habetis.] The violences committed at Home after Caesar's death, were not owing to the general in- .diguation of the citizens against the murderers of Ciesar; no, the memory of the tyrant was odious, and Brutus and Cafsius, the real favourites of the city, as appeared on all occasions, wherever their free and genuine sense could be declared; particularly from their acclamations at the shows of •gladiators exhibited by Brutus, and the repairing of Pompey's statue, which had been thrown down in the civil wars. (35) Quid duobus tribunis plebis,] These two tribunes were Tiberius Canu- tius and Nonius Aspernas; the latter of whom opposed Dolabella in his suit for the province of Syria; and the former set up Octavius, in opposi- tion to Antony. (36) Quid Apol/inaribus ludis plausus.'] Brutus and Cafsius were obliged, as proetdrs, to exhibit certain games in honour j?f Apollo, with which the public were annually entertained on the third of July: but as they had withdrawn themselves from Home, these games were conducted by the, brother of Cafsius. : "* (37) Tarn caram populo Roimmo -Alain A. Hirtii fuifse.] Hirtius was then consul elect, and happening to fall sick, the Roman people put up vows CICERO S ORATIONS. most inhumanly murdered. But why do I endeavour to n you by words? If Cesar's fate is nut a wan, much better it is to be loved than feared, no mi avail any thing. As for those who imagine thai happy, they are themselves most miserable. No man happy, who holds life on such terms that it may be taki him, not only with impunity, but with praise. Relent fore, 1 beseech you ; look back on voitf ancestors j and vern the state, that your fellow-citizens may blefs the di gave you birth ; without which no man can be happy or glorid Sect. XV. Both of you have had many proofs of the senti- ments of the people of Home, which 1 am sorry to see you not sufficiently affected with : for what else were the shout', of in- numerable citizens, at the shows of gladiators ? what the con- course of the people? what the inecisant applauses pumvd out on Pompey's statue, and on the two tribunes who i ott? Do not these things sufficiently declare the incredible UDamm of the whole Roman people? What! did the shouts, or rather the testimony and judgment of the Romans at the games of Apollo, seem little in your eyes? Happy those who, when they £ould Hot be present in person, on account of an armed fori were nevertfeelefs present, and clung to the very marrow and bowels of the Roman people ! unlets, perhaps, you think that the applause and the palm was conferred on Ajccius, sixty year* after his death, and not on Brutus; who, though not personally present at his own shows, yet in that most magnificent enter- tainment, received the most affectionate wishes o1 the Ryinajj people, who mitigated their sorrow for the absence of their de- liverer by uninterrupted applauses and acclamations. I, inched, am one of those who have ever despised these acclamations. when bestowed by the populace : but when they are bestowed }>y the highest, the middlemost, and the lowest ranks, in short, by the whole collective body; especially when those who were wont to court the applause of the people, are forced to hide their heads; ; this I term not applause, but approbation. But if these things seem trivial to you, which are-, in fact, of tbe highest importance, will you likewise despise the proof you had, how dear the life of A. Hirtius was to the people of Rome? It was sufficient to him that he was approved by the Roman people, as he still is agreeable to his friends, in which respect he exceeds all men ; dear to his own family, to whom he is for his recovery, as for a person on whom depended the safety of the state. This was the Hirtius who was afterwards slain at Modena, and v.!. xleath, joined with that of his colleague, is thought to have been of such fatal consequence to Rome. P o 4 67a m. t. cicerqnis oratig^es, est ipse carifsimus : tantam tamen solicitudinem boqqrum, tan^ turn timorem omnium in quo merninimus ? certe in nullo. Quid igitur ? hoc vos, per deos irnmortales, quale sit, non interpreta.- min.i ?■ quid eos de vestra vita cogitare censetis, quibus eorum, quos sperant reipublicse consulturos, vita tam cara sit ? Cepi fructum, P. C. reversionis meae : quoniam ea et dixi, ut, qui- cunque casus consecutus efset^ exstaret constantiae meae testimo- nium : et sum a vobis benigne ac diligenter auditus. Quae po- testas si mihi ssepius sine meo vestroque periculo net, utar : si minus, quantum potero, non tam mihi me, quam reipublicae reservabo. Mihi fere satis est, quod vixi, vel ad aetatem, vel ad gloriam : hue si quid accefserit, non tam mihi quam vobis, reique publicae accefseritc CICERO's ORATK. 577 so in the highest degree ; but when have of good men, and the concern of all, for him? never, surely, How then, unniort.il g at a lofswhat construction to put up gine thev think of your lives, to vvriom I dear, who, they flatter. tliemsch their country? I have now, conscript fathe fruit of my return ; as \ ha\ be a proof of my constancy, and have i tentively heard by you ; an indu lean do it with safety to myself and you; if not, 1 shall r myself as well as 1 can, not so much for m> that of the republic. I have lived aime ture or for glory; if any addition is made to eitl tage shall not be so much mine, as yours and my count) , ORATIO XVI. IN M. ANTONIUM PHILIPPICARUM*. PHILIPPICA SECUNDA. L /^\UONAM meo fato, P.'C. fieri dicam, ( T ),ut nemo his \^£ annos viginti reipublicae hostis fuerit, qui non bellumeo- eem tempore mini qnoque indixerit ? Nee vero necefse est a. me quenquam nominari vobis, cum. ipsi recordamini ; mihi poena- rum ilii plus, quam optarem, dederunt. Te miror, Antoni, quorum facta imitere, eorum exitus non perhorrescere. Atque hoc in aliis minus mirabar ; nemo illorum inimicus mihi ink voluntarius : omnes a me reipublicae causa lacefsiti ;' tu,ne verbo quidem violatus, ut audacior quam L. Catilina, furiosior quam P. Clodius videnere, ultro maledictis me lacefsisti ; tuamque a me alieuationem commendationem tibi ad cives impios fore putavisti. Quid putem ? contemptum-ne me? non video nee in vita, nee in gratia, nee in rebus gestis, nee in hac mea niediocritate ingenii, quid despicere pofsit Antonius. An in senatu facillime de me detrabi pofse credidit ? qui ordo clarifsi- inis civibus bene gestee reipublicge testimonium multis, mihi uni eonsevvatps dedit. An decertare mecum voluit conlentione dicendi ? hoc quidem beneficium est ; quid enim plenius, quid mberius, quam mihi et pro me, et contra Antoniuni dicere? * Antony, being highly exasperated at the preceding speech, summoned another meeting ot the senate, where he again required Cicero's attendance, feeing resolved to answer him in person, and justify his own conduct. The reuate met on the appointed day, in the temple of Concord, whither An- tony came with a strong guard, and in great expectation of meetino; Cicero, whom he had endeavoured by artifice to draw thither; but though Cicero Irimself was ready, and desirous to go, yet his friends over-ruled, and kept Iritis at home, being apprehensive of some design intended against his life. Antony'?' speech confirmed their apprehensions, in which he poured out the ovevllo wings of his spleen with such fury against him, that Cicero, alluding U) what he had done a little before in pulilic ? says, that he seemed once more rather to sp--w, than to speak.' As a breach with Antony was now tnevitaUle, Cicero thought it necefsary, for his security, to remove to some of his villas near" Naples ; where he composed this oration, by way of reply to Antony; not delivered in the senate, as the tenour of i*. seems to imply, but finished in the co x u/itry ; nor intended to be ORATION XVI THE SECOND AGAINST M. ANTONY. ^ Sect. I. TQY what singular fate of mine, conscripl J3 I say it comes to pal's, that for tk there has not been an enemy to the public, who has not at the same time declared war also against Die ? It is una* t ur- ine to mention their names, since you yourselv dv recollect them : their punishment has been m<> I could have wished. I am surprised, Antony, that you do not dread their fate, as you imitate their conduct. This, in others, however, I lefs wondered at; for not one of them chose to be my enemy; all of them were attacked by me, for the saL the state. But you, without even the provocation of wo that you may appear more audacious than Catiline, and men furious than Clodius, have, of your own accord, fallen upon me with your calumnies, and thought a breaking with me would be a recommendation to profligate citizens. What am I to think of this? that I am despised ? I see nothing in my life, nor in niv reputation, nor in my actions, nor in my capacity, small it is, that Antony can despise. Did he imagine the se<. was the properest place for making a succefsful attack upon my character? an afsembly which has conferred on many ill trious citizens the praise of having done great things for the state, but on me alone that of having saved it. Had he a mind to contend with me in eloquence? this is, indeed, doing me a kind- nefs : for what more copious, what more fertile subject can I have published till things were actually come to an extremity, and the occasions of the republic made it necefsary to render Antony's character and de- signs as odious as pofsible to the people. It is a most bitter mvecti his whole life, describing it as a perpetual scene of lewdnrls faction lence, and rapine, heightened with all tbe colours ot wit ana elomji and shows, that in the' decline of life, Cicero had lost no share of that lire and spirit with which his earlier productions are animated. , m Ul nemo his annos viginti."\ viz. Ever since his consulship dunnp all hich time he had been continually haiafsed with the Clodiau and UU- Hnarian factions. 580 M. T. CICERONIS ORATIONESc Illud profecto est; non existimavit sui similibus probari pofse, se efse hostem patrifee, nisi mihi efset inimicus. Cui priusquaiu tie eajteris rebus respondeo, de ainicitia, quam a me vioiatam ei'se crhninatus est, quod ego gTavUsimum crimen judico, pauca dieam. II. Contra rem suain me, nescio quando, veniise questus est. ( 2 ) An ego non venirem contra alienum pro familiari et ne- ceisario meo ? non venirem contra gratiam, non virtutis spe, aed setatis fiore collectam? non venirem contra injuriam, quam iste intercefsoris nequiisimi beneficio obtinuit, non jure praptorio f Sed hoc idcirco commemoratum a te puto, ut te infimo ordihi connuendares ; cum omnes te recordarentur libertini generum, et liberos tuos, nepotes Q,. Fadii, ljbertini hominis, fuifse. At enim te in disciplinam meam tradideras, (nam ita dixisti;) do- mum niea-m- ventitaras : nsB tu, si id fecifses, melius f'amre, me- lius pud i cit m tuos consul uifses : sed nee fecisti, nee si enperes, tibi'id ( 3 ) per C. Curionem facere licuifset. Auguratus peti- tionem mi'hi te concefsii'se dixisti. O incredifeilem audacium ! 6 impudeul'iam praedicandam ! Quo. enim tempore me augurem, ( 4 ) a toto collegio expetitum Cn, Pompeiuset Q. Hortensiusno- minaverunt (neque enim iicebat a pluribus nominari,) nee tu golvendo eras, nee te ullo modo, nisi evcrsa republica, incolu- mem fore putabas. Poteras autem eo tempore auguratum pe- tere, cum in Italia Curio non efset? aut turn, cum es factus, unam tribum sine Curione ferre potuifses? cujus etiam fam pares de vi condemnati sunt^ quod tui nimis stqdiosi fuifsent. III. At beneiicio sum iisus tuo ; quo ? quanquam illud ipsiim, quod cqmmemoras, semper prap me tuli. Maiui me tibi debere conikeri, quam cuiquam minus prudenti non satis gratus — _: r _^. .- ■ ■■■- .■■ ■ , -■ ;.,, ::■ - .: . . ■■ -V ■' ■ ". -^ = r^ -•■--«■■■--.--. __ ^-. - - ' ■ = (2} An ego non venirem contra alienum pro familiari et necefsaria meo ?] Who this friend was, does not appear; but the stranger hinted at, was Q. . Fadius Bombalio, the f reed-man, whose daughter Antony had married. (3) Per C. Curionem.']' Curio was a young nobleman of shining parts ; admirably formed by nature to adorn that character, in which his father and grandfather had flourished before him, of one of the principal orators of Rome ; but a natural propensity to pleasure, stimulated by the example ancf counsels of his perpetual companion Antony, hurried him into all the extravagance of expense and debauchery. When his father, by Cicero's advice, obliged him to quit the familiarity of Antony, he reformed his con- duct, and, adhering to the instructions and maxims of Cicero, became the favourite of the city ■; the kader of the young nobility; and a warm as- sertor of the authority of the senate, against the power of the triumvirate. After his father's death, upon his first taste of public honours, and admifsion into the senate, his ambition and thirst of popularity engaged him in so immense a prodigality, that, to supply the magnificence of his shows and plays, with whicji he entertained the city, he was soon driven to the ne- cefsity of selling himself to Caesar, and fell the first victim in the civil. war. (4} A ioto collegio expetitum, Cn, Pompeius.et Q. Hortensius nomineqoenmU]' The priests of all kinds were originally chosen at Rome by their colleges, till Domitius, a tribune, transferred the choice of them to the people, whose cicero's orations. Jg| than that of speaking for m certainty hwdesigri; he thought, that to men of I mid not approve. himsell a leu- to In tame thy enemy. BefoTf I briefly on oar friendship, whi< h an accusation, in my opini r. II. He eompl.iins that I appeal a^unst his interest. Ought I not to h arranger, in favour of my Wicnd and kinsm ■ami against a |fe virtue, but at the ;,fuj blooi , • I again** an injury comra tialijty of an infamous tribune, and not the d< tor? But this, I fancy, you mentioi.t-d, i yourself to the lowest rank ol' the pi to all, that you yourself ate Bon-m-J a slave, and that your children are I dins, who had been a slave. Bui direction, (for that was ^dtu* exprefsion;) y< house. Had you done that, indeed, \ouri morals had been more free from blemish. Bi it, nor, had you been inclined, would Curio have perm You alleged tiiat you quitted your pretensions to I in my favour. Incredible afsurame! astOfti At the time when Cn. Pompey and Q. Ho d me augur, (for two only could doit,) al .hole college, you was not able to pay your debtt, nor had hopes of safety but in the subversion i But could you stand for the augur ship when Curio svi Italy? or when created augur, could you ha, tribe, had it not been for Curio r an dieted of violence, because they wen in \ tan i Sect. III. But I have been obliged to you ; you ? though I have been alu very circumstance which you mention as an ol rather to coufefs myself obliged to you, than authority was held- to be supreme in sacred, a act was reversed by Sylla, arid the air; but Lahienus, when tribune, in (' Domitius, to facilitate C was neceisary, however, that every candidate slioul people by two augurs, who gave a soJen, ni ty and fitnefs for the office: this was done in C and Hortensius, the two most eminent memb the election, he was instalkd'with all the usual form 532 m. t, ciceronts orationes; videri; sed quo beneficio? quod me Brundusii non occicferisf quern ipse victor, qui tibi, ut'tute gloriari solebas, (■*) detulerat ex latronibus suis principatum, salvuru efse voluifset, in Italian* ire juisiisct, eum tu oecideres? Fac potuifse; quod est aliud, P. C. beneficium latronum, nisi ut commemorare pofsint, iis se vitazn aediise, quibus non ademerint ? Quod si efset beneficium, nunquam ii, qui ilium interfecerunt, a. quo erant servati, quos tu ipse viros clarifsimos appeliare soles, tantam efsent gloriam ccnsecuti. Quale autetn beneficium est, quod te abstinueris neiario scelere r qua in re non tarn jucunduni videri mini debuit, non interfectum a te, quam miserum, id te impune facere po- tuifse. Sed sit beneficium, quandoquidem majus aceipi alatrone nullum potuit, in quo potes me dicere ingratum ? an de interitu reipublicae queri non debui, ne in te ingratus viderer ? At in ilia querela misera quidem et luctuosa, sed mihi pro hoc gradu, in quo me senatus populusque Romanus eollocavit, necelsaria* quid est dictum a me cam contumelia ? quid non moderate? quid non amice ? quod quidem cujustemperantiae fuit, deM. An-- tonio querentem, abstinere maledicto? ( 6 ) praesertim cum tu re- liquias reipublicae difsipavifses ? cum domi tuae turpifsimo mer- catu omnia efsent venalia ? cum leges eas, quae nunquam pro- mulgate efsent, et de te, et a te latas confiterere? cum auspi- cia augur, intercelsionem consul sustulifses ? cum efses fcedifsime stipatus armatis ? cum omnes impuritates pudica in domo quo- tidie suseiperes, vino lustrisque confectus ? At ego, tanquam mihi cum M. Crafso contentio efset, quocum multse et magnae iuerunt, non cum uno gladiatore nequifsimo, de rep. graviter querens, de homine nihil dixi. Itaque hodie pernciam, ut in- telligat quantum a, me beneficium turn acceperit. IV. At etiam literas, quas me sibi misifse diceret, recitavit/ homo et huinanitatis expers, et vitas communis ignarus. Quis enrm unquain, qui paululum modo bonorum consuetudinem nofset, literas ad se ab amico mifsas, offensione aliqua interpo- sita, in medium protulit, palamque recitavit ? Quid est aliudj toileree vita vitae societatem, quam toll ere- amicorum colloquia absentium ? quam multa joca soJent efse in epi*tolis, quae prolata (5) Detulerat ex Iatronibus suis principatum.] What Cicero here says y is equally severe both upon Caesar and upon Antony ; for he insinuates, that that war was more properly a robbery than a lawful war. (6) Prcesertim ami tu reliquias reipublicce difsipavifses.'] By reliquias rv ipublicg is here probably meant the public money laid up in the temple of Ops, which Antony claimed to himself, and made subservient to the pur- poses of his ambition; or the four thousand talents maybe referred to, which Antony got from Cajphurnia, Caesar's wife. cicero's orations. to any unthinking person. But what was thi That you did not murder meat Brundusm: you have murdered a man, preserved and n v by order or* that very conqueror, who, as you your* to boast, had Created you chief of his banditti ; AdpinUiir could have done this; what el>e is it, conscript !,. favour of robbers, whose language it is, that the) of those they do not murder t It then- wi this, those whom you used to eall the- 01 kind, and who killed their preserver, never could have acqi so great glory. But what is the merit ot abstaining fron eommifsiou ot a most atrocious crime r in which i ought not to have been so agreeable to me that 1 was spared by as grievous, that you had it in your power to bave muni me with impunity. But allowing it to be a favour, lim greater can be received at the hands of a robber, in what re can you call me ungrateful ? ought 1 not to lament my country's ruin, lest I should appear ungrateful to you ? vet in the com- plaint I then made, mournful and wretched as it was, though unavoidable by me in that station, to which I had b( i n by the senate and people of Rome, what was there in the abusive? did I not speak with moderation ? did I not speak with friendship ? Yet how great must be his temper, who, complain- ing of Antony, could abstain from abuse ? especially when you had difsipated the remains of the state? when, within vuur house, every thing was subject to the most infamous venality } when you confefsed that laws relating to yourself, which had never been proposed, were pafsed by your means? when, as augur, you bad abolished the auspices; and, as consul, the m- tercefsion of the tribunes ? when you had been shameful! tended by armed men? when, worn out with wine and de- bauchery, you committed all manner of lewdneis in a hou markable for its purity? But I, a* if I had been contending with JV1. Crafsus, with whom I have had many and sharp and not with a most infamous gladiator, whilst I griev lamented my countrv's ruin, omitted all personal reflections. To-day, therefore, I shall to little ot pafses among men of honour, upon occasion of a Blight qu ever exposed and publicly read the letters thai it him by his friend to destrov the intercourse of absent frien is" it, but to strip life of all its social joys ? How many joke there generally in letters, which, if exposed, would ij 584 to. t. cxcEkoim 6iiAtio^£s. si sintj inepta efse videantur? quam malta seria, necjue tamer! ttllo modo divulganda? Sit hoc inhumanitatis tuse: stultitiam incredibilem videte. Quid babes* quod mihi opponas, homo diserte, ( 7 ) ut Mnsteike Tamisio et, 7'ironi Nuraisio Videris ? qui cum hoc ipso tempore stent cum glauiis in conspectu senatus, ego quoque te disertom putabb, si ostenderis, quo modo sis eos inter sicarios defensuriis. 8ed quid opponas tandem, si tfegedi me unquam istas literas ad te misifse? quo me teste convincas? an chirographo ? in quo habes scientiuiri qiia&stuosam : qui poisis ? sunt enim libfarii many.. Jam invideo magistro tuo> qui te tanta mercede, quairtam jam proferam, nihil' sapere doceat. Quid enim est minus hdh dico oratoris, sed hominis, quam id objicere adversario, quod ilie si verho negarit, Iongius progredi lion pofsit qui objicerit ? At ego non nego; teoue in isto ipso convinco -non inhumanitatis solum, sed etiani amentia^ ; quod enim verbam in istis Uteris est ncrh plenum humanitatis, officii, benevolentise r Omne autem crimen tuum est, qUod de te id his ikeris non male existimem ; quod scribam tauquam ad c'iveiUj fanquam ad bonum virum, non eanquam ad sceleratum et iatro- nem. (*) At ego tuas lite'ras, etsi jure poteram a te laee'isitus, famen non proferam ; quib'as p'etis, ut tibi per me liceat q'uen- dam de exsilio reducere ; adjurasque k] te, invito me, non else facturum : idque a, me impetras ; quid enim me mterponerem audacia3 tuce, quam neque auctoritas hujusordinis, neque existi- matio popuii Romani, neque leges uIIsr pofserit coercere ? \[e* runtamen quid erat quod me rogare*, si erat is, de quo rogabas^ Ceesarislege reductus ? sed videlicet mearn gratiam voluit ei'se ; in quo ne ipsius quidem ulla pcterat ei'se, le^e lata. V. Sed cum mihi> patres conscripti, et pro me aliquidj et in M. Antonium multa dice:: la s'mt ; aiterum peto a vobis, ut me pro me dicentem benigne - a'rerum ipse efRciam. ut contra ilium eum dicam, attente ati i«!nd oro, si mcam cum in omni vita, turn in dic^^l'^ moaeratronem modestiamque cog- nostis, ne me hodic, c ovocavit, respc-mlero, 6bfN turn else putetis rift racrabo ut consulem ; ne ille quident me ut eotisularem : etsi ilfe nulla modo consul, vel quod ita Vi* Vit, vel quod ita rem,: rifr. vel quod ita laCtm> &St (7) Ut MusieHcE Tamisia cf tffforri ftfhnktio.'] All tfiat we know of these me!!, is, that they Ave re fu illiterate i qualified only to execute ; (8) At &gotm$ UMras.'] Ise letters which he receive Antoily, in regard to tiie Btjsfcmrtiou at jclius. bee L-jV ,ecl from AUtcus, B. 14. cicero's orations. very trifling? bow many serious things, yet by no m< divulged? let this suffice for his want of politenefs ; ol now his incredible stupidity. What have you to object t man of eloquence? for sucli you seem to MustellaTan Tiro Numisius, who, as they are landing this very moment in the sight of the senate with drawn swords in their hand., ,; can show why they are not to be ranked among afsafsjns, I too shall think you eloquent. But what can you object, H I deny that J ever sent you such letters ? by what evident convict me? By my hand writing? in this you have a dexterity; but how can you do it? for they were written I secretary. Now do I hate that tutor of yours, who, thou received such great wages, as I shall presently make appea not teach you the least wisdom. For what shows lei's, 1 will not sav of an orator, but of a reasonable being, than to o to an adversary, which if he should deny but upon his bare word, the objector Could proceed no farther? Hut I do not deny it; and by that very fact I convict you not only of being void litenefs, but of common .understanding. For is there a w these letters, that is not full of politenefs, good manners, am] benevolence? But all your pique is, that in these letters I did not show how bad an opinion I had of you, that I wrote to vou as a fellow-citizen, and a worthy man, and not as a villain ami a robber. Yet I, though the provocation I have received from v might justify my doing it, will never expose your letters; in which you beg that I would give you leave to recall a certain person from banishment, and swear that you will never do it without my consent. You obtained your request ; for why should 1 oppose thy audacious insolence, which neither the authority of this afse.mhly, nor the majesty of the Roman people, nor any laws can restrain ? But, alter all, why did you beg this of me, if the person for whom you interceded, was recalled by Ca law? but he had a mind, forsooth, to compliment me; t:; as the law was pafscd, no thanks were even due to himself. Sect. V. But as I have a great deal to say, conscript fat both for myself and against Antony, I must beg or* you, while I am" speaking for myself, you would hear me with in- dulgence; and when I speak against him, I shall take that you hear me with attention. I must farther beg <>; that 'as you have known my moderation and decencj , the whole tenour of my life, and the course of my plead you would not think I forget myself, if 1 answer him to according to the provocation he has given me. I will no; him as a^consul ; for he has not treated me as consular: th he is in no respect consul, either as to his life, his admmisti or the manner in which he was created; but I, i> dispute, consular. That you may understand, then, 5S6 M. T. CICEROKIS ORATIONES. foonsul] ; ego sine ull& controversial consularis. Ut igitur in- Uslligeretis, qualenripse se consulem profitetur, objecit mihi con- sulatum meum ; qui consulatus, verbo/neus, P. C. re vester fuit; quid enicu constitni, quid gefsi, quid egi, nisi ex huju's or- dinis consilio, auctorjtate, setitentia ? Haec tu homo sapiens, non solum eloquens, apud eos, quorum consilio sapientiaque ges'ta sunt, ausus es vituperare ? Quis autem meum consulatum, prae- tier P. Clodium, qui vituperaret, inventus est? ( 9 ) cujus quidem tibi latum, sicuti C. Curioni, manet: ( I0 ) quoniam id domi ttue est, quod fait iilorum utrique fatale. Non placet M. Antonio ■consulatus' metis : at placuit P. Servilio, ut eum primum nomi- ncmcx illius tempbns consularibus, qui proximo est mortuus: placuit Q.. Lutatio Catulo, cujus semper in hac republica vivit iiiictoritas: placuit duobus Lucullis, M. Crafso, Q. Hortensio, C. Curioni, M. Lepido, C. Pisoni, M. Glabrioni, L. Vplcatro, C. Figulo, D. Silano, L. Muraense, qui tum.erant consules de- signati: (") placuit idem, quod consularibus, M. Catoni ; qui cum multa, vita excederis, providit, turn quod te consulem non vidit. Maxime vero consulatum meum Cn. Pompeius probavit ; qui ut me primum decedensex Svria vidit, complexus et gratu- lans, meo benefieio patriam se visurum efse dixit. Sed quid sin- gulos commemoro ? frequentifsimo senatui sic placuit, ut efset nemo, qui non mihi ut parenti gratias ageret, qui non mihi vitam suam, liberos, fortunas, rempublicam referret acceptam. VI. Sed quoniam illis, quos nominavi, tot et talibus viris res- publica orba.a est, veniamus ad vivos, qui duo e consulari nu- mero reliqui sunt. L. Cotta, vir summo ingenio, summaque prudentia, rebus lis gestis, quas tu reprehendis, supplicationem ciecrevit verbis amplifsimis : eique illi, quos modo nominavi, consulares, se.natusque cunctus alsensus est ; qui honos post con- drtain banc urbem habitus est togato ante me neminj. L. Caesar, aviincufus tuns, qua oratione, qua constantia, qua gravitate sentential!) dixit ('■*) in sororis suae virum, vitricum tuum? nunc tu- cum. auctorem, et praeceptorem omnium consilio- rum, totiusque v'itse debuifses habere, vitrici te sf milem, (9) Cujus qvtdem tibijatum, sicufi C Curioui manet.] Curio, having driven Calo out dtSicUy, marched with the best part of four legions into Africa against Varus, who, strengthened by the conjunction of Juba, had reduced the whole province to his obedience. Upon his landing, he met with some success, but was afterwards entirely defeated and slam near the river Basra ctii, by Sabura, Juba's general/ (■0) Quoniam id domi hue est, quod fuit iilorum utrique fatale. .] Meaning Fuhia, who was first married to Clodius, concerning whom see the oration •ggeinst Milo; next, to Curio, above mentioned ;aiid lastly, to Antony. "(II) Placuit idnn, quod consularibus, M. Catoni.'] Marcus Cato, other- wise Cticensis, never rose higher than the pra?tofship ; and for that reason, is not. ranked here among those of consular dignity. (12) In sororis, suet virum, vitricum tuum.'] Antony's mother, Julia, was Bitter to Lucius Caesar; after thedeatL )f Antony's father, she married Leu- 5 of a consul he profefses himself, he objects I » I a consulate, conscript fathers, which was nominal! m fact yoms: for what did I ordain, wh; I what execute, but by the advice, authority and d< i atsembly? And hast thou the afsurance, wise and do thou art, to reproach me with my conduct, in 1 1 i. those verv persons by whose counsels and wisdom il l.jted ? Who ever blamed my consulate, except P. ( whose tate, as il has overtaken C. Curio, now awaits the* thou hast that in thy house, which proved fatal to My ^consulate does not please Mark Antony ; yet it pleased 1'. g vilius, to name him first, who is last deceased, of the nun consular dignity at that time. It pleaesd Q. Lutatius < whose authority in this state will never die ; if pleased the | Luculli, M. Crafsus, Q. Hortensius, C. Curio, M. dpi' G. Piso, M. Glabrio, L. Volcatius, C. Figulus, with 1). pla- nus, and L. Muraena, who were then consuls elect. I thing that pleased these consular men, pleased also Mai Calo, who, as he left the world to avoid many tilings he 1. saw, never saw thee consul. But above all, did my consul please Cn. Pompey, who, when he first saw me, on his return ftom Syria, embracing and complimenting me, owned that he Avas indebted to my conduct tor beholding his country again* But why do I descend to particulars*? So much did it plra'se a lull senate, that there was not a man who did not return thank me as to a father, who did not acknowledge that he owed his life, his children, his fortune, and the safety of the state to me. Sect. VI. But as the public is now bereft of so many and such great men as I have now named, let me proceed living; two of whom, persons of consular dignity, are still alive. L. Cotta, a man of the greatest abilities and the utmost prudence, in the most honourable terms, decreed a supplication lor that very conduct which you now condemn; to which those men consular dignity, whom I have just mentioned, and the wnole senate afsented : an honour which, since the building oi' the city, was never conferred upon any man in tin; robes ol besides myself. With what spirit, with what firmnefs, with what dignity, did L. Caesar, your uncle, pronounce sentence upon his own sister's husband, your step-father? Him youou to have made your pattern, the director of all your counst but you chose/ rather to resemble your step-father than \ uncle. I, though none of his kinsmen, yet followed his adv tuhis Sura, who was put to death in Cicero's consulship, for r carried in Catiline's conspiracy. * ' P i 5SS M. T. CICERONIS 0RATIONES. quani avunculi else maluisti : hujus ego alienus consiliis consul nsus sum: tu sororis films, eequid ad eum unquam de republiea retulisti ? At ad quos refert ? dii hnmortales ! ad eos scilicet, quorum nobis etiam dies natales audienxli sunt. Hodie non de- scendit Antonius: cur? dat natalitia in hortis; cui ? neminem nominabo: putate turn ( I3 ) Phormioni alicui, turn Gnathoni, turn Ballioni. O fceditatem hominis flagitiosarn ! 6 impudenti- am, nequitiam, libidinem non ferendam ! tu cum principem senatorem, civem singularem, turn propinquum habeas, ad eum de republ. nihil ref eras ; ad eosreferas, qui s nam rem nul- lum- habent, tuam exhauriunt? Tuus videlicet salutari& consu- latus, perniciosus metis. VII. Adeone pudorem cum pudicitia perdidisti, ut hoc in eo templo dicere ausus sis, in quo ego senatum ilium, qui quondam florens orbi terrarum pr«sidebat, cons-ulebam : tu homines per- ditifsimos cum gladiis collocasti ? At etiam ausus es (quid autem est, quod tu non audeas ?') clivran capitolinum dicere, me con- sule, plenum servowiin armatorum fuifse ; ut ilia, credo, nefaria, seoatusconsulta fierent, vim adferebam senatui. O miser, sive ilia tibi nota non sunt (nihiLenim boni nosti,) sive sunt, quiapud tales viros tain impudenter loquare ! Quis enim eques Romanus, quis prseter te adolescens nobilis, quis ullius ordinis, qui se civem else meminifset, cum senatus in hoc templo efset, in clivo capitolino non ifuit ? quis nomen non dedit ? quanquam nee scribae sufticere, nee tabulae nomina illorum capere potue- runt. Etenim cum homines nefarii de patriae parricidio eonfite- rentur, consciorum indiciis, sua manu, voce pene literarum coacti, se urbem inflammare, cives trucidare, vastare Italiam, delere rempublieam consensifse ; quis efset, qui ad salutem com- Hiunem defendendara non excitaretur ? praesertim cum senatus populusque Romanus haberet ducem, qualis siquis nunc efsetj tibi idem,, quod ilSis aceidit, contigifset. (.'+) Ad sepulturam corpus vitrici sui negat a. me datum. Hoc vero ne P. qu.idem Clodius dixit unquam : quern, quia jure ei fqi inimicus, doleo a. t:e jam omnibus vitiis efse superatum. Quid autem tibi venit in inentem, redigere in memoriam nostram te domi P. Lentuli efse educatum ? an verebare, ne non putaremus natura te potuifse tam improbum evadere ., nisi accefsifset etiam disciplma r (13) Phormioni alicui, &c.l Parasitical characters, put here for parasites in general. See Terence and Plautus. (14) > Ad 'sepulturam corpus vitrici sui negat a medatum,~\ Antony, it seems, had objected to Cicero, that he refused burial to the corpse of Lentulus Sura; but' Plutarch, in his life of Mark Antony, shows- that this charge- Vrivs OAOiiiuiicl's, • I ORATJo. .while consul ; thou, his si iy§ didsl suit him upon any thing; that ivL till gods! whom docs he consult with? why, w\ whose very birth-days we must h* at of. J not appear: why- h< : celebrates a birth-day in whose? I shall name nobody: imagine it some bull or parasite's. Detestable meaunefs! int©!< wickednefs and lust! Thou, though so near alii. pal senator, an eminent citizen, never ai the state; but advisest with thou- who, having nothii own, consume thy substance. So beneficiaj the public, so pernicious was mine. $£ct. VII. Art thou so far lost then bo shau tity, that thou hast the al'suranee to affirm this io thai I pie where I consulted with the senate which o ously over the whole world, but where thog hast now p most abandoned villains with Bwords in their hands? But th<*i hast also had the afsuranee. to say (lor what is there thou hast not the afsurance to say?) that the mount of the caiiiti my consulate, was filled with armed sla\es; hv which I supp you would insinuate, that I forced the senate into the iunu decree it then made. Despicable wretch, to talk so impudently before this alsembly, whether thou art ignorant of those thing i (but thou art a stranger to every tiling mat is good,) i ignorant of them! for Was there a Roman knight, was tb< youth of Quality besides thyself, was there a man of any rank, who considered himself as a citizen, that was not on the u. of the capitol, when the senate was alsembled in this temple ; was there one w r ho did not iulist himself? the clerks could neither write down, nor the registers contain their nan when abandoned villains confefsed their design of I ricides of their country; when they were forced b\ tion of their accomplices, their own hand-writing, and of their letters, if I may use the expression, to acknowl that they had conspired to set fire to the city, bo m citizens, to lay waste Italy, ami overturn the eomm where is the man that must not then have been defence of the public safety ? especially as the senate ao of Rome had then such a leader, that, had they now his Fellow, the same fate would overtake thee which then bei. denies that I delivered the body of his stcp-f. I Not even P. Clodius ever said this, whom, as I had his enemy, I am sorry to see outdon in all ni wickednefs. But what could put it into thy h that thou wast educated in the hoose of Lentuh apprehensive that we should imagine nature could made thee such a monster, without the aid pj 690 M. T. CICERONIS ORATIONES. VIII. Tarn iiutem eras excors, ut tota in oratione tua tecum ipse pqgnares: ut nonmodo non coharentia inter se diceres, sod maxime disjuncta, atcjiie contraria: ut non tanta caecum, quanta tecum, tibi efset contentio. Vitricum tuum in tanto tuiise sce- lere f'acebare, poena affectum querebare. Ita, quod propria meum est, laudasti; quod toturn senatds est, reprenendjsti : nam comprehensio sontium, mea; animaclversio, seuatus fuit: homo disertus non inteiljgit eum, quern contra elicit, laudari a se ; eos, apud quos elicit, vituperari. Jam illud ciijlis est non dico audacise (cupit eninr se audaccm dici), sed, quod mmime vult, stultitise, qua vincit omnes, clivi capitolini mentionem facere, cum inter subseliia nostra verse'ntur arniati f cum in hac cella Concordia?, 6 dii immortales! in qua, me consule > sal utares sentential dicta? sunt, quibus ad hanc diem viximus, cum gladiis homines collacati stent? Accusa senatum: accusa equestrem or- dinem, qui turn cum senatu copulatus fuit: accusa omnes ordi-* lies, cives; dum confiteare franc ordinem, hoc ipso tempore, ( ,s ) abltyraeis, circumsederi. Ha?c tu non • propter andaciam non dicis tarn impudenter, sed quia tantam rerum repugnantiam non videas, nihil profecto sapis ; quid, est enim dementias, quam^ cum ipse reipublicae perniciosa arma ceperis, objicere alter* sa- lutaria? At etiam quodjamloco facetus else voiuisti: quam id te, dii boni! non decebat? in quo est tua culpa nonnuila: aliquid enimsalis ( l6 ) ab uxore mima trahere potuisti: Cedant arma tog\ w hq tati n he by no means likes, though he i uen in it, shall I say it is, that the mount of the capitol w; when armed men are posted even amidst our benclu in this very temple or" Concord, immortal gods ! in which, u my consulship, wholesome measures were taken, measuft which we now live, guards are placed with swords in hands? Accuse the senate ; accuse the equestrian order, which was then connected with the senate, accuse every rank, every citizen; but you must confefs that this afsembly is, at this very instant, beset by barbarians. It is not owing to daciousnefs that you talk so impudently; but your not ceiving the inconsistency of what you say, shows your extreme stupidity : for what can be more absurd, than to reproach an- other with taking up arms for the defence of his country, when thou thyself bast prepared an armed force for its destruction ? But you once had a mind to be witty. Good gods! how ill did that become you! and, in some measure, let me rell yd was your own fault ; for you have a lad v who might have in- fused some wit into you. Let an/is give place to t How! and did they not then give placer but the gown .. wards gave place to thy arms. Let us consider, then, which was be.^t , that the arms of impious men should yield to t berty of the Roman people, or that our liberty ihojild yie thy arms. But I shall say no more to thee concerning [km only observe brierlv, that thou art an utter stranger to tiial every other branch of literature; that I nave never bi ing, in what I owe either to the state, or to m\ yet, by the works of every kind which 1 \hi\c compo leisure hours, have made mv labours an I learning t somewhat to the advantage of youth, and tut been severe upon him in regard to his poetry ; that bis answer is not in that elegant and pohle strain ut ran*. master of upon other occasions. 1 I 592 , m. t: ciceronis orationes. tatis, et nomini Romano laudis aliqukl adferrent. Sed hsecnoii hujus temporis : niajora videamus. IX. P. Clodiummeo consilio interfectum efse, dixisti. Quid- nam homines putarent, si turn occisus eiset, cum tu ilium in loro, iaspectante populo Romano, gladio stricto insecutus es ; nego- tiumque transegifses, nisi ille se in scalas tabernae librarian con- jecifset, bisque oppilatis impetum tuum comprefsifset ? Quod quidem ego favifse me tibi fateor, suasifse ne tu quidem diets ; at Mil on i ne favere. quidem potui ; prius enim rem transegit, quam quisquam eum id facturum suspicaretur. At ego suasi. Scilicet is animus erat Milonis, ut prodefse reipublicae sine sua- sore non pofset. At laetatus sum ; quid ergo? in tanta leetiti^ cunctse civitatis me unum tristem efse opbrtebat ? Quanquam de morte P. Clodii fuit quapstio non satis priidenter ilia' quidem constituta ; quid enim attinebat nova lege quaeri de eo, qui ho- minem occidifset, cum efset legibus quaestio. constituta? quae- situmesttamen. Quod ergo, cum res agebatur, nemo in me dixit ; id tot annis post tues inventus, qui diceres ? Quod verq dicere ausus es, idque multis verbis, opera raea Pompeium a Ca^saris amicitia efse disjunctum, ob eamque causam mea culpa civile bellum efse natum: in eo non tu quidem tota re, sed, quod maximum est, temporibus errasti. X. Ego M. Bibulo, praestanttfsimo cive, consule, nihil prae- termisi, quantum facere enitique potui, quin. Pompeium a Cae- saris conjunctione avocarem : in quo Caesar fuit felicior ; ipse enim Pompeium a mea familiaritate disjunxit. Postea verq quam se totum Pompeius Caesari tradidit, quid ego ilium ab eq distrahere conarer? stulti erat sperare: suadere impudentis. Duo tamen tempora inciderunt, quibus aliquid contra Caesarem Pompeio suaserim : ea velim reprenendas, si potes : ( I8 ) unum, ne quinquenhii imperium Caesari pmrogaret : a'terum, ne pateietur fieri, ut absentis ejus ratio haberetur; quorum si titrumvis persuasifsem, in has miserias nunquam incidefse- mus. Atque idem ego, cum j.im oiimes opes et suas, et popuii '■ '.•■■" ■ ' . .. .. . ... - . . ^ .,, (18) U?itim y ne qninquennii, d(c. Alter urn ?,e patereltir fieri, id absentia ejus ratio haberetur.'] Pompey, when he was consul the third time, in the •vear 701, procured a law empowering Ca:sar to oifer himself as a candidate for the consulship, without appearing personally at Rome for that purpose. This was contrary to the fundamental principles of t hi- Roman constitution, and proved in the event the occasion of it's beiug utterly destroyed ;" as it furnished Caesar with the only^pecious pretence for turning hiv arms against ihe republic. ; Cicero affirms here, that he endeavoured to difsuade Pom- pey from suffering this 'law to pats : but if this afsertion be true, he must have acted a very extraordinary part ; for, s£ the same time that he dis- suaded Pompey from suffering this law to pafs, he persuaded Coelius, who was one of the tribunes of the people, to promote it, or at least not (o op- pose it., agreeably to a promise which he had given to Caesar for that pur- pose. TJiis appears in a pafsage of one of his letters to AtttCtjS, where, CICERO'S ORATIONS. man name. These things, however, are for. purpose; let us proceed, therefore, to whai portance. • Sect. IX. You said that Pijblkw Clodm, was killed hv m V advice. What would men have thought, had h when you pursued'him in the forum with \ Ijefore the whole people of Rome; and bad effected vou: pose, if he had not thrown himself under th< seller's stall, and, by barricading it, put a stop suit? In this, indeed, I conieis that I countenanced you you yourself do not say that I advised you to it : as for Mi could not pofsjbly countenance him, for he had complete^ the businefs before any person suspected that he had unde Vet it was I who advised him to it; as if Milo could done a service to his country without an adviser. Put j re- joiced at it. What ! amidst such universal joy, was * reason why I should be the only dejected person m Ron though it was not so very prudent to do it, a trial was appointed concerning the death of Clodius; for where was the n< trying a man by a new law, for the murder of another, such a proceeding was authorised by the laws already in be The trial, however, went on ; and what nobody, while i. fair was depending, accused me of, that you have laid t. charge so many years after. But as to what you In- surance to say, and that in so many words, that Pumpe . separated from Caesar's friendship by my means; and for that very reason, that the civil war was owing to me ; though you are not altogether in the wrong, yet you are widely mistaken in point of time, which is a point of great importance. - Sect. X. While M. Bihulus, that most valuable cil consul, I omitted no means in my power to draw off Pon from his connection with Csesar: but in this Caesar was i fortunate, for he separated Pompey from ray friendship. But after Pompey had given himself up entirely to Ca should I have endeavoured to disunite them? To have e tained hopes of doing it,' had been folly ; to have had been impudence. Two occasions, however, there on which I advised Pompey to oppose Caesar; and these measures you may blame if yon can. The ; that Cesar's five years "command should not 1 the other, that Pompey would not suffer any regard t to Cesar's absence: in either of which could I have pn we had never fallen Into these calamities. Yet when Pompe; speaking of Caesar's claim to sue for the consulate, without p< ' tending at Rome, he tells Attieus, id illi hoc liccrtt, adjuu. ipso Raven?iee do Ca! : .o triimnapkbis, Ad. At:. 7.1. 594 M. T. CICERONIS ORATIONES. Horn. Pompeius ad Cassarem detulifset, seroque ea sentire coc~ pifset,qiue ego ante multo provkleram, inferrique patriae belhira neiarium viderem ; pacis, concord iae, compositionis auctor else non* destiti : meaque ilia vox est nota multis, UTINAM, Cn. Pompei, cum C. Cyesare societatem aut nunquam coifses, aut nunquam diremifses ! fuit alterum gravitatis, alteram pru- dential tua i . Haec mea, M. Antoni, semper etde Pompeio^ et de republics, consilia luerant : qua; si valuifsent, respublica staret ; tu tuis rlagitiis, egestate, infamia, concidiises. XL Sed haec Vetera: illud vero reeens, Caesarem meo consilio interfectum. Jam vereor, patres conscripti, ne, quod turpis- ssimum est, pnevaricatorem milii apposuifse videar, qui me non solum meis iaudib us ornaVet, sed etiam oneraret alienis; quis enkn meum in istfi societate gloriosifsimi facti nomen audivit ? eojus autism qui in eo numero fuifset, nomen e^t occultatum ? Occultatum, chco? cujus non statim divulgatum ? citiusdixerim jactafse se aliquos, ut fuifse in ea societate viderentur, cum conscii non fuifsent, quam ut quisquam celari vellet qui fuifset. Quam vensimiie porro est, in tot hominibus partim obscuris, partim adolescentibus, neminem occultantibus, meum nomen latere poluifse ? Etenim si auctores ad liberandam patriam desiderarentur illis auctoribus, Brutos ego impellerem, quorum uterque L. Bruti iiiiaginem quotidie videret, (' 9 ) alter etiam A hake ? Hi igitur his majoribus orti ab alienis potius consilium peterent, quam a,suis? et foris potius, quam domo ? Quid! ( i0 ) C. Cafsius, in ea familia natus, quae non modo dominatum, sed ne potentiam quidem cujusquam ferre potuit, me aucto- rem, credo desideravit: qui etiam sine his clarifsimis viris, hanc ; rem, in Cilicia, ad ostium rluminis Cyd'ni confeciiset, si ille ad earn ripam, quam constituerat, non ad contrariam, naves appulitaet. (*') Cil Domitium'non patris interitus, clarifsimi viri, non avunculi mors, non spoliatio dignitatis, ad recuperan- dam Itbertateriij sed mea auctoritas. 'exeitavit ? An C. Trebo- nio ego perstiasi, cui ne suadere quidem ausus efsem ? quo etiam majorem ei respublica gratiam debet, qui libertatem populi Romani unius amicitiae pra'posuit ; depulsorque domi- natus, quam particeps else maluit. ( 1: ) An L. Tillius Cimber (1H) Alter etiam Ahaltt ?'\ Ahala was one of' Brutus's ancestors oy the mo- ther'^ bide; he slew Sp. Melius, a Koman knight, suspected,, on aceo.urt of" hi? largefses to the people, of aiming at the sovereignty. (?0) C. Cafsius, in ta familia natus, &x.]Catbius was descended from the great C. Cafsius, who put his own son to death, because suspected of form- ing designs against Vhe state. (21) Cn. Dbmitium non patris i?iteriius, &c.] Suetonius gives a very great character u> this Domitius. He was son to L. Domitius, who fell in the battle of Pharsalia, and nephew to Cato Uticensis. ( c 2 J) Jn L. Tiffins Cimber me est auclorem secutus ?] Seneca, in his epistles to Lueullus, says, that»this Cimber was a notorious drunkard; and that, neverthelefs, the secret of Cesar's death was as much entrusted to him as it was to Cafsius, who all his life had drank nothing but water. CICERO S ORATIONS. delivered up all his own power, and thai of the »lc, into Cajsar's hands, when he begun too late evils winch I had long before fores< unnatural war was ready to break out a#aiiwt m\ coumrv, I never ceased endeavouring to promote . a reconciliation. What I said upon thai occ to many: I wish, Pompey, ym had n broke of your friendship with Cottar; I with your dignity, the other with your prudence '< Antony, have ever been my counsel*, boti] 10 Pompeyand the *fate.; had they prevailed, Stood, and ypu mu.,t have fallen by your cmius, your poffUctT, and nil amy. Sect. XL But these are instances of an old dale: let u^ pro- ceed to one that is later. Vou say, then, I -J by my advice. Here I am afraid, couscrip a most •scandalous imputation, since it may been not it I accuser, not only to load me with my own Ikw ..it witfi those of others: lor vvhq ever heard my name aoioug t.e ■ had a share in that most glorious deed' yet whose ii.udc 1, was concerned in it, was concealed ? Conce iled, do I suv ? Whose, that was not immediately published? i would sootnir say that some boasted of being m that number who- were not, than that any who were, desired to be concealed, i ow likely is it, that among so many, partly persons of oo>cure birth, partly young men, who concealed nobody, m could pofsibiy lie hid? For if those heroes had w.c, mis to rouse them to the deliverance of their country, needed 1 to have prompted the two Rruti, each of whom hltd the statue of L. Brutus daily in ins eye, and one of them thai of A.kda be- sides? Sprung from such progenitors, th< irouLd r.;e>c rnen have asked advice of a stranger r.nher t tajn of t ..-.:• ;, • a family, abroad rather than at home? WhatJ C. Cafsius, scended from a family that not only could not brook sovereign but even the superiority of any one; he, I suppose, wanted my instigation, who, even without the afsistartce ol his illustrious partners, would have done this very thing in Cilicia, at mouth of the river Cydntis, if Csesar liad not landed 011 a side from what he intended. It was not the death oi . that most illustrious man, nor the fate oi his uncle, nor the be- ing deprived of his own honours, but my influence, thai roused Cn. Domitius to recover Ins liberty 7 . DU1 I persuade C. 1're- bonius? a man I would not even have ventured to t.Jk to on such a subject: for which reason the state o\\es him greatei thanks, because he preferred the liberty of the Roman people to the friendship of a single person, and chose rather I expeiler than the partner of usurpation. Was L. J 'iilius Cunbei 595 M. T. CICERONIS ORATJO^ES. me est auctorem secutus ? quern ego magis fecifse illam rem sum admiratus, quam facturum putavi; admiratus sum autem ob. earn causam, quod immemor beneficiorum, memor patriae fuifset. ( 1J ) Quid duos Servilios, Cascas dicam, an Ahalas? et hos auc- toritate mea censes excitatos potius quam caritate reipublicae? Longum est persequi caeteros ; idque reipublicae prueclarum, fuifse tam multos, ipsis gloriosuim XII. At quemadmodum me coarguerit homo acuius, recorda- mini. Csesare interfecto, inquit, statim cruentum alte extollens M. Brutus pugionem, Ciceronem nominatim exclamavit, atque jpl recuperatam libertatem est gratulatus. Cur mihi potifsimum ? quod sciebam? Vide he ilia causa fuerit appellandi mei, quod cum rem gefsifsct consimilem rebus iis, quas ipse gefseram, me potifsimum testatus est, se semulum mearum laudum exstitifse. Tu autem, omnium stultifsime, non intelligis, si id, quod me arguis, voluifse interficiCaesarem, crimen sit; etiam laetatum efse morte Cassaris crimen efse? quid enim interest inter suasorem facti, et probatorem? aut quid refert utrum voluerim fieri, an gaudeam factum? ecquis est igitur, te exceptp, et iis qui ilium regnare gaudebant, qui illud aut fieri noluerit, aut factum improbarit ? omnes enim in culpa; etenim omnes boni ? quantum in ipsis fuit, Caesarem occiderunt: aliis consilium, aliis animus, aliis oc- casio defuit ; voluntas nemini. Sed stnporem hominis, vel dicam pecudis,attendite; sic enim dixit: M. BRUTUS, QUEM EGO HONORIS CAUSA NOMiNO, ( 24 ) CRUENTUM PUGIO- NEM TENENS, CICERONEM EXCLAMAVIT : EX QUO INTELLIGI DEBET, EUM CONSCIUM FUISSE. Ergo ego sceleratus appellor a te, quern tu suspicatum aliquid suspicaris; ilii qui stillantem prae se pugionem tulit, is a te honoris causa nominatur? Esto: sit in verbis tuis hie stupor ; quanto in rebus setitentiisque major ? Constitue hoc consul aliquando: Brutorum ? C. Cafsii, Cn. Domitii, C. Trebonii, reliquorum quam velis efse causam: edormi crapulam, inquam, etexhala: an faces ad mo- vendae sunt, quae te excitent tantae causae indornnentem-? nun- (93) Quid d?jos Servilios .?] Publius Servilfus, the father, was consul in the year of the city 674 ; and having taken some towns of the Isauri, he afsumed the surname of Isauricus. His son was twice consul. (24) Omentum pugionem te?iens.'] Dr. Akenside, in his Pleasures of the J Haginafion, one of the most beautiful poems in the English, or perhaps in any other language, speaks thus of what is here said of Brutus ; 'Look then abroad thro' nature, to the range Of planets, suns, and adamaniine spheres Wheeling unshaken, thro' the void immense; And speak, O man J does this capacious scene With half that kindling majesty dilate Thy strong conception, as when Brutus rose Refulgent from the stroke of Caesar's fate., ' CICERO'S ORATIONS. determined by me ? oqe whom I was rather surprised I concerned in such an action, than of opinion that he wou dertake it; and the reason of my surprise was, tl ,Id be unmmdtul ot tavours, and mindful of bis country II distinguish the two ServiJii? shall 1 call - and canst thou think that these were influ. persuasion, than love for their country ? Jt would mention the rest. That there were so mam their country, and glorious to theraselv< Sect. XII. But observe in what manner- this acut< i is to convict me, The moment C«sar was killed M.Brutus, extending his arm aloft with tl called aloud on Cicero by name, and (Congratulated him , recovery of liberty. But why did he congratulate me in ■ cular? because I was privy to the design. Consider whi this was not the reason of his calling upon me, that as I performed an action of a similar nature with mine, me to witnefs that he appeared there as the rival of , But, dunce, dost thou not perceive, that if a di Casar killed, which thou chargest me with, be a < i also a crime to rejoice at his death ? for where is the difference betwixt the adviser and approver of an action ? or whi it whether I wanted to see it done, or rejoiced at it - I then a man, excepting thyself, and those who rejoiced usurpation, who was either averse to its being done, 01 demned it when done? All men then are criminal: for all men, as much as they could, were concerned in the death of Caesar. Some wanted resolution, some spirit, some tl tunity ; but not one the inclination. But observe the stupidity of the man, or shall I rather say of the brute — for tl his words: M. Brutus, whom. J name with honour, / the bloody dagger, called aloud upon Cicero; zvkemct that he was privy to the design. I therefore am called because y©u suspect me to have suspected something ; h< held up the reeking poniard, is mentioned b\ Be it so: let this stupidity be in thy words; bow much mo there in thy sentiments and actions? Determine,, mv wc consul, the nature of what the Bruti, C. Caisius, In. uom C. Trebonius, and the rest have done. Take my advice, out thy wine, and dispel its fumes. Must torche plied to rouse thee, nodding over a cause of such imj Amid the crowd of patriots ; and bis arm Aloft extending, like eternal Jotfe V* hen guilt brings down the thunder, call'd aloud On Tully's name, and shook his crimson steel, And bade the father of ins country, hail! For lo ! the tyrant prostrate on the dust ! And Rome again is free i Pleat, of I mag. a l . 1. 59S M. r/crcEROK-is orattones. qoam-ne inteHigcs,. statuendum tibi efse, utrum illi, qui istam r-esa ge&eruat, hoisuctdce sint, an vindices libertatis? XHI. Atfende enim pyulispcr, cogitationemque sobrii boifti- xus punctual tftnpoifts suscipe; etenim ego, qui sum illorum, ut ipse laiew* fittnilrari&j ut a te argnor, socius, negd quidquam e death, 'and not thinking it safe to return on account of the inso- lence of the mob, their frinuls solicited the senate for some extraordinary employment to be gfanted to them, to cover the appearance of a flight, andtbe disgrace pfliving in banishment; when invested with one of the first magistracies of the republic. As-.pfaetofs, their residence was abso- solutely necefsary at Rome, and could- not legally be dispensed with for above 'ten da\s in the year: but Antony readily procured a decree to ab- solve them from the laws; being glad to. see them in a situation so con- temptible, stripped of their power, suffering a kind of exile, and depend- ing, as it were, upon him for their protection. By his means commiisicms CICERO S ORATIONS. Wilt thou never understand, that it must be thee, whether those who committed that uctiun were UiUi or the afsertors or* liberty ? Sect. XIII. Yet attend a little, and for one moment I like a sober man. For I who confefs myself their friend, and, as you affirm, am their afsociate, deny that I diiim: I allow, that if they were not the deliverers of I , man people, and the preservers of the state, the ' than ruffians, worse than murderers, worse even than [>ai inasmuch as it is a greater crime to murder the fat) country, than it is to murder one's natural father. Whal thou, wise and considerate man! to all this f If they are ; ricides, why are they always mentioned by thee with honour, both ia'this afsembly, and before the Roman people' why had M. Brutus, at thy motion, a dispensation from the laws, o| being absent from the city above ten days? why were the Apollihariau Iarnes celebrated in so honourable a manner, for M. Brutus? ■hy provinces aisigned to Cafsius and Btfatus ? why qu&stors tided ? why the number of their lieutenants augmented : and 11 this was done bv thee! they cannot then be murderers; I re consequently, "in thy judgment, deliverers of their counti since there can be no medium. What's the matter? do 1 dis- concert thee? perhaps thou dost not thoroughly understand what is so clearly stated. This is the sum of what I have said ; since by thee they have been acquitted of guilt, by thee t,. have been thought worthy of the greatest rewards. I shall no* , therefore, change mv discourse : I will write to them, that it any should ask whether there was any truth in what you objected to me, not to deny it; for I am afraid lest it should bethought dishonourable in them to conceal it from me, or scandalous in me to decline it when invited. For, O sacred Jove! what P-reater action was ever performed, not only in this city, in the whole world ? what more glorious ? what can bd deserve being held in eternal remembrance? Dost thou make me an afsociate in this design, and shut me up with these he- roes, as it were in the Trojan horse; I will not disc nay, I give thee thanks, whatever be thy intention it ; for so glorious is the action, that I would not purcha* exemption from the ma%e which thou wouldst now r a&inst me, at the expense of the honour attending it Can there be a happier fate, than that of the men whom thou cW thou hit expelled and banished what place u tb so desert or barbarous, that, when they shall approach i w, not invite and entertain fchem? what men so f» not t ^rT^ranted to thenO^rT^corn in Asia and Sicily. ..for the Mf t * public ; which was contrive* an affront to them, being absolul low their character. 600 M. T. CICERONIS ORATIO^ES. fructum putent? quae vero tarn immemor posteritas, quae tarn ingratse literae reperientur, quae eorum gloriam non immortali- tatis memoria prosequantur ? Tu vero adscribe me talem in nu- merum. XIV. Sed.unam rem vereor, ne non probes ; si enim fuifsem, non spium regem, sed regnum etiam de republica sustulifsem : etsi mens stilus ille fuifset (ut dicitur) mihi erede ( 26 ) non solum unum actum, sed totam fabulam confecifsem. Quanquam si internet Caesarem voluifse crimen est, vide quaeso, Antoni, quid tibi futurum sit, ( i7 ) quern et Narbon'e hoc consilium cum C. Trebonio cepifse notifsimum est, et ob ejus consilii societa- tem, ciim inter nceretur Caesar, turn te a Trebonio vidimus se- vocari. Ego autem (vide quam tecum agam non inimice) quod bene cogitasti aliquando, iaudo ; quod non indicasfi, gratias ago ; quod non fecisti, ignosco ; virum res ilia qua:rebat. Quod si te in judicium quis adducat, usurpetque iliud Cafsianum,CUi BONO FUERIT, vide, quieso, ne hatreas ; quanquam illud quidem fuit, ut tu dicebas, omnibus bono, qui servire nolebant; tibi tamen praecipue, qui non modo non servis, sed etiam regnas ; qui maximo te aere alieno ad aedem Opis liberasti ; qui per eas- tern tabulas innumerabilem pecuniam difsipavisti : ( i8 ) ad quern e domo Caesaris tarn multa delata sunt; cujus domus quaestuo- sifsima est falsorum commentariorum et chirographorum ofheina, agrorum, oppidorum, immunitatum, vectigahum, flagitiosiisimae nundinae. Etenim quae res egestati et am alieno tuo, praeter mortem Caesaris, subvenire potuifset : nescio quid conturbatus efse mihi videris; nunquid subtimes, ne ad te hoc crimen perti- nere videatur ? libero te metu ; nemo credet unquam : non est tuum de republica bene mereri : habet istius pulcherrimi facti dariisimos viros respublica auctores : ego te tantum gaudere dice, fecifse non arguo. Respond! maximis criminibus : nunc etiam reliquis respondendum est. (f26) Non solum unum actum, sed totam fabulam confecifsem.'] Cicero here declares, that if he had been concerned in the plot against Caesar, he should not have left his work imperfect ; he frequently reproaches the conspirators with having committed a capital mistake, in sparing Antony when they destroyed Cisar, But it may be affirmed (and upon the authority of Cicero himself) that nothing could have been more unjustifiable than to have ren- dered Antony a joint victim with Caesar. Jt is true, there was an ancient Jaw subsisting, by which every one was authorised to lift up his sword against the man who should discover any designs of invading the public liberties. But Antony was so far from liaving given indications of this kind at Ctcsar's death, tha'c Cicero, in a letter written to Atticus soon after- wards, tells him, he looked upon Antony as a man too much devoted tp the indulgences of a luxurious life, to be inclined to form any schemes de- structive of the public repose. Quern quidem ego, says he, epularum magis arbUi.rrr ratkmera habere, quam quid quam mali ccgitare. ('27) Quern et'Narbone hoc cjiisiliimi. cum C. Trebonio cepifse fioHfsimutn e$h~\ We learn from Plutarch, in his life of Antony, that when the conspi- rators were deliberating among themselves about killing Caesat, it was de- CICERo's ORATIONS. C0 | think a sight of them the greatest happinefi of their li posterity shall be iouiuisoumniiKlf.il, what hi iul, as not to crown Uah memory with everl thou set me down in the gldriotis list. Sect. XIV. But 1 am afraid df on ntmelj cannot prove your afsertion: for, had I been com* have rid the state, not only of the tyrant, but of and had the piece been mine, (if I □ expreisioti) I should not have stopt at r/rle act, b' whole play. lUit if it be a crime to have wiahi death, what, Antony, must become () t you known that at Narbonue you entered into that rile bonius, and because you had been on red in t!> Ave saw you, when Cesar was killing-, called asid Trebonius. I indeed commend you, (oD9f from being an enemy) for having once m vour life formed a virtuous purpose ; I return you mv thanks for Hot ha\ trayed the cause ; and 1 forgive you for not acting in i; affair, indeed, required a man : but if any one should bring pou to a trial, and made use of that saving eff (\ii in,, What i purpose could it seme? beware, 1 beseech you, you puzzled : though it was indeed of service, as you yourself said to all who were not willing to be slaves ; and to you in parti- , cular, who not only are no slave; but even a king ; who have paid off your immense debts at the temple of Ops; who, by means of the notes I have mentioned, have squandered prodigious sum ; to whom such a treasure was carried from Cesar's house ; you, whose house is the most lucrative ofl for fictitious notes and writings ; the' most scandalous mart for lands, towns, immunities, and taxes: for what but I death could have relieved thy nccefsitios, and cleared thy Thou seemest greatly disconcerted about something. Art t afraid lest this charge should fall upon thee? I will rid the. thy fear : nobody will ever believe it: it is not for thee to tie- serve well of thy country : those who performed that most glo- rious deed, were the most illustrious persons of the state: I only sav, thou didst rejoice at it ; 1 do not charge thee with c fnitting it. I have answered the most heinous part of my charge : it now remains to reply to the other. bated among them, whether they should invite Antony to afsist them in the execution of their design; that Trebonius opposed the motion legi.hg that he was no stranger to Antony's sentiments in regard U) the affair, since he had already endeavoured to persuade him to it, at that time when Oesar was returning fr©fn Spain. Trebonius represented at the same time, that Antony refused to comply with what he proposed, but that he had neverthelefs kept the secret faithfully. Cicero gives a dirt account, Of the matter; he aflirms, that Antony entered into the d tinst Caesar, but that he had not courage to afsist in (28) Ad quern e do ma Ctesari* tarn multa deluta suqt ] Calphurnia, Cz Qtq 51. T CICEROXIS CflLATIONES. XV. Castra mihi Pompeii atque omne illucl tempus objecim; quo quideni tempore, si, ut dixi, meum consilium auctoritasque v duiiset, tu hodie egeres,- nos liber i efsemus ; respublica non tdfc duces ct exercitus amisilset, Fateor enim, me ( i? ) cum ea, acciderunt, providerem iutura, tantii in mee*titia fuifse, quanta caeteri opt i mi cives, si idem providiisent, fmisent. Dole- Ixinij dolebam, P. C. rempublicam veslris quondam meisque comuliis conservatain, brevi tempore ei^e perituram. Neque yefo eram tarn "in'doctns ignarusque rerum, ut frangerer animo pter vitse cupiditatem, quae me maiiens connceret angoribus, 'iimil'sa .molestiis omnibus liberaret : illos ego pr: oaos tiros, lumina reipublicae, vivere voleba,m ; tot consulares, tot pnetorios, tot hone stiismios senatores, omnem praeterea floj ►ilitatis ac juventutis, turn ojtimorum civiurn exercitus: qui si viverent, quamvis iniqua conditione pacis 'mihi enim pax omnis cum civibus belio eivili utilior videbatur. ; rempublicam hodie teneremus. Qu« sententia si valuifset, ac non ii maxime mihi, quorum ego vita? consuiebam, spe victoriae elati ob^eitis- seut ; ut alia omittam, tu certe nunquam in hoc ordine,. vel po- tius nunquam in h'ae urbe mansilses.- At vero Cn, Pompeii vo- luntarem a me abaliena-batoratio mea; an ille queoquam pins di- lexitr cum ullo aut sermones, aut eonsilia contulit saepius? quod quidem erat magnum, de summa rep. diisentientes, in eadem consuetudme amicitiaj permauere : sed et ego quid ille, et con- tra, ille quid ego et sentirem et spectarem videbat ; ego incolu- mitati civium primiim,. ut postea dignitati poisemus ; iPe -prse- senti dignitati potius consulebat : quod autem babebat uterque quod seqiieretur, idcirco tolerabilior erat nostra difsensio. Quid iile singular is vir ac pene divinus de me sensent, sciunt qui eum de Pharsaliea fuga Paplmm persecuti sunt ; nunquam ab.eo meotio de me, nisi lioiiuritica, nisi plena amiciisimi desi- .1, cum d se plus tateretur, se speravnse m ell or a : et nomine me insert > ; cujus me amicum, te sec- tore.m jare : : .XV: nuttatqr bellnm illud, in quo tii minium felixfaistJ. fter the death -and, fled for shelter to An4oriy, carrying y Caesar had lei: behind him, amounting to near a ." rero's wonderful reach 1 ices of evei p well ; and who a prophetic discernment, sevei - CICERo'.S ORATIONS. Sect; XV. You reproached rile m\ and with my conduct during all that ji which, as I said", if mv adVice and hadst still been opprefsed with want* our liberty : nor wduld the armies. For I eonteis, that when I have since come to pals, 1 v citizens would haw been had they I me, it oricved m< preserved by your conduct and m ruii) : not that I was so ii raasto suher my spirits ti continuance of which did b\U while the ldfs of it would hai Wanted I celleut men, the lumina so many of consular, s6 many of pratorian dignit] illustrious senators, besides the whole : vouth, and an army of the most worthy < "lived, though upon unreasonable conditions ol pea. . me any peate with mv CO n *eeme< a civil war-) we had still been in :• Had this adv.ee .prevaile had not I I consulted, elated with the hopes oiVictorv no more, thou certainly hadst neve* remained rather not in this city. But my discourse alien affection from me, Did he ever love any man more w a man with whom he conversed or advised more In which was indeed very extraordinary, that two pe. fererit sentiments in regard to the most important the state, should yet Continue the same m n But mv sentiments and views were known I his to me. I regarded the ,f my countrymen in ( first place, that afterwards we might he; hJtv ; he had their immediate dignity rather in , L^ea^kusea.achae^ntpouUtopursue our d was for that reason the more moderate But* hat inordinary, and almost divine P^V^^n Pta knew who accompanied him m bis flight froo Panho, He never mention but with honour, Eaiaoe . - - XVI But let that war be pafs< 604 M. T. CICERONIS ORATIONES. (• 30 ) Ne jocis quidem respondebo, quibus me in castris usual efse dixisti: erant ilia quidem castra plena cura ; verum tamen ho- mines, quamvis in turbidis rebus sint, tamen, si mddo homines sunt, interdum animis relaxantur. Quod autem idem moesti- tiam meam reprehendit, idem jocum ; magno argumento est, me in utroque fuifse moderatum. ( 3I ) Haereditates mihi ne- gasti venire. Utinam hoc tuum v T erum crimen efset ! plures amici mei et necefsarii viverent : sed qui istuc tibi venit in men- tern ? Ego enim amplius H. S. ducenties acceptum haereditati- bas retuli. Quanqua'm in hoc genere fateor feliciorem else te : me nemo, nisi amicus, fecit haeredem, ut cum illo cbmmodo, si quod e rat ; animi quidam dolor jungeretur ; te is, (juem tu vi- disti nuriqdam, If: Rubrius Cafsinas, fecit haeredem: et quidem vide, quam te amarit is, qui, albus aterve fueris ignorans, fra- tris filium pnrteriit : Q. Fusii honestilsimi equitis Romani, sui- que amicifsimi, quern palam haeredem semper factitarat, ne no- men quidem perscripsit ; te quern nunquam viderat, aut certe nunquam salutaverat; fecit haeredem^ Velim mihi dicas, nisi molestum est,, L. Turselius qua facie fuerit, qua statura, quo municipio, qua tribu ; nihil scio, inquies, nisi quae praedia ha- buerit : igitiir fratrem exhaeredens te faciebat haeredem. In multas praeterea pecunias alienifsimorum hominum, ejectis veris haeredibus tanquam haeres efsetj invasit. Quanquam hoc maxi- ttie admiratus sum, mentionem te haereditatum ausum efse fa^ cere, cum ipse haereditatem patris non adifses. XVII. ( ;i ) Haec Ut ctilligeres, homo amentifsime, tot dies in aliena villa declamasti ? quanquam tu quidem (ut tui familiaris- simi dictitant) vini exhalandi, non ingenii acuendi causa decla- mitas. Et vero adhibes joci causa lmigistrum, sufiragio tuo et compotorum tuorum rhetOrem ; cui Concelsisti ut in to, quae vellet, diceret: sals;im omnino hominem ! sed materia faciiis, in te et (30) Nee jocis quidem respondebo, qui bus me in castris usum efse dixisti.~\ "When Cicero joined Pompey, he was greatly difsatisfied with many things in regard to his management of the war, and the condhct of the chiefs of his party,- who, trusting to the superior 'fame and authority of their leader, and dazzled with the splendour of the troops which the princes of the east had £ nt to their afsistance, afsured themselves of victory ; and, without reflecting on the different character of the two armies, would hear of no- thing but fighting. Gicero made it his bnsinefs to discourage this wild spirit; but finding that his remonstrances were slighted, he resumed his usual way of raillery, and what he could not difsuade by his authority, en- deavoured to make ridiculous by his jests. Some of his sayings on this occasion are preserved by different writers. When Pompev put him in mind of his canting so late to them: How can I come late, said he, when I find nothing in readinefs among you?— And upon Pompev's asking him sarcastically, ivhere his son-in-law, Dolabella, teas? He is with your /at her- in-latp, replied he. To a person newly arrived from Italy, and in- formed them of a strong report at Koine," that Pompey was blocked up by Gtesar; and you sailed hither, therefore, said he, that you might see it with your own eyes. And even after their defeat, when Nonnius was ex^ UCEJlo's RATIO you say I made use of iridic camp. That camp m pi care; but yet men, even amidst scenes of confu are men, sometimes unheud their minds blames me for my dejection and my mil th, it i btimptfon that I was mod' -rat. i \ v.w . gaeies were bequeathed me, I wish | true; many iriore of my friends and Lin- mm mil now alive. But how came that into thy heal ? for 1 I ceived above 156,000/. in legacies: though j i have been luckier in this respect, for none but fi me to their wills; so that what advantage I hid, if I was attended with grief. L. Kubrius ( man win oever saw, appointed you his heir. And »,I>mi \. how much he loved you, when, without knowing were black or white, he preferred you to his qwn qroth| I he did not even mention Q. Fuaus, a Roman ki greatest merit, and an intimate friend, whom he had alwa declared should be hisqeir; and named you, whom hi saw, at least n'ever spoke to. I wish you would tell me, if ft not too much trouble, what kind of a man L. I person, how tall he was, of what corporation, and whal I can tell you nothing, } T ou will say, but what Therefore he disinherited his brother, and made you I., He likewise seized the personal estates of a great man persons, who were, perfect strangers to him, to the prejudice the true heirs. But what surprises me most is, that thou should have the afsijrance to mention legacies, when thou didst i succeed to thy own father's inheritance. Sect. XVIL Was it in order to collect these thin you declaimed so often at another person's country-seat r thou indeed your most intimate acquaintance give out that you i claim not for the sake of cultivating your genius, but • ate your wine: and, to complete the joke, you ap|i one who, in your judgment, and that of your c< rhetorician, 'with liberty to say what he p!< horting them to courage, because there were swen Mg camp ; 'You encourage well, said he, if we were to Jight wi the frequency of these splenetic jokes, he is said to have provoked Pom so far as to' tell him, / wish that you would gv over ' may beg i? i to fear- us. Vid. 'Macr. Saturn. '2. 3. Plut (31) fld-reditates ?nihi negasU venire.'] It w among the Romans, to have no legacies be< (32) Hcec ut colligeres, homo awentifsime, ior .' masti f] Antony being greatly enraged at Cic resolved to answer hira in person at the nexl which end he is said to have employed himself' tl u teen days in preparing the materials of a speech, and declaiming Cicero in Scipio's villa near Tibur. COG M. T. CICERONIS ORATIONES. 311 tuos dicta dicere. Vide autem, quid intersit inter te et avum tuum : ille sensim dieebat, quod causa; prodefset; tu cursim dicis aliena. At quanta merces rhetori data est? Audite,audite, P. C et cognoscite reipublicae vulnera ; ( r duo mille jugerum campi LepntiniSex. Clodio rhetori afsignasti, et quidem immunia, ut pro tanta mercede nihil sapere disceres : nun etiam hoc, homo audaciisime, ex Oesaris commentarhs ? Sed dicam alio' loco et de Leontino agrp, et de Campaiip : quos iste'agros ereptos feU public^ turpiisimis pofsefsoribus inquinavit. Jam enfm, quouiam criminibus ejus satis respondi, de ipso emendatore et correctore nostro quaedam dicenda sunt; nee euim omnia efl and am, ut, si SiK-pius decertandum sit, ut erit, semper novus veniam : quam facultatem inihi multitude istius vitiorum peccator unique.- lar-> gitur. Visne igitur te inspioiarmis a puero ? sic opmor ; a prmcipio ordiamur. XVIII. Tenesne memoria praetextatum te decoxifse ? patris, inquies/ista culpa est; concedo: et ehim est pietatis plena de- fen sio. Illud tamen audacia? tuse, quod sedisti in quatuordecim crdinibus, ( 34 ) cum efset lege Roscia decoctoribus certus locus constitute, quamvis quis fortune vitio, non suo decoxifset, Sumpsisti virilem, quam statim muliebrem togam reddidisti: primo vuigare scortum ; certa flagitii merces, nee ea parva ; sed cito Curio int^rvenit," qui te a meretricio qu^stu 'abduxit ; ( ! ) et, tanquam stolam dedifset,. in matrimonio stabili et certo Ipcavit. Nemo unquam- puer emptus libidinis causa tarn fuit in domini potentate, quam tu in Curionis: quocies te pater ejus -donio sua ejecit ? quoties custjbdes po-iuit, ne limen intrares? ( :b ) cum tamen tu, nocte socia, hortante libidine, cogente mer- cede, per tegulas demitterere ; quae flagitia domus iila diutius ferre non potuit. Scisne me de rebus mihi notilMmis dicere? (33) Duo millia jugeruni campi Leordini Sex. Clodio rhetori afsignasti 1 This Sextus Clodius was a Sicilian. lie is mentioned by Suetonius, in his book de CI. Rhe. Antony gave him two thousand acres of the Leont" lands, reckoned the most fertile ill all Sicily. ma (35) Et, tanquam stolam dcjifujt.l In the early times of the Roman com- monwealth, the gown was used alike. by men and'women. Afterwards the women took up the stola and the pa/la for their separate drefs. The stofa was their ordinary vest, worn within tloor$, coming down to their ancles: when -they went abroad, they slung over it the patfa, or -pallium, a long open manteau, which covered the stola, and their whole body, ,'j lie com- mon courtesans were not allowed to appear in the siola, but obliged to wear a sort of gown, as a mark of infamy, by reason of its resemblance to habit of the opposite sex. Hence in that place of Horace, „ , — ; Quid inter £#, ftim&frQm,anciUa}peccefye4ogdla? L. i, S. 2. ver. 6$« CICERO'S ORATK. pleasant fellow truly ! but it is no difficult m enough against you and your friends. I ference betwixt you and your grandfath rately, and to the purpose; you hi foreign to the subject. But what master in rhetoric ? Hear, the wounds of yoilr country. \ ou allotU d I of the Leontine lands, and those too fr • fron the rhetorician, that, tor su Jearn — nothing. Was this done too, tl jmen! by virtue of Caesar's papers? But • place, both of the Leontineahd Campanian I robbed the public of, he has debit d with hi For now, as I have said enough in answi must touch a little upor> this corrector and reformer i . now shall I exhaust my subject, that to engage frequently, which I fancy will It still fight with new weapons ; an adv. mi.. of his vices and crimes furnishes me with. Wouldst I us then examine thy conduct from a boy ? with all to let us trace thee from thy first setting out. Sect.' XVIJI. Post thou remember, that before putting the manly gown, thou wast a bankrupt } That w fault.' I allow it; for this is a defence full of filial piety. But it was owing to thy impudence that thou sea? of the fourteen rows in the theatre, when, by th< . law, there was a particular place appointed for bankrii] though they became such, thfougn misfortunes, and not thr< their own fault. You put on the manly gown; bu changed it into the drefs of a woman. At fir mon prostitute, at a fixed price, and that no low rio soon interposed, who took you out of the pi prostitute, and, as if he had clothed you in am settled you in firm and' certain wedlock. P to satisfy brutal lust, was ever so much in master, as you was in Curio's. How often d you out of his house ? hew often did he place vent your crofsing his threshold ? when you, not befriended by nighf, prompted by lust, ami' was Jet down through the tiling; criu could no longer bear with. Are you not consciwi of what is well known to me ? Recollect the I where, according to Dacier and other commentators, by stood the common strumpet, in opposition both to the servant-maid. (36) Cumtamentu, node socia, SCc] This is depravity, as cannot perhaps be paralleled; atyd th< Cicero here exaggerates a little, yet when we a to which vice v..\d debauchery had then arrive improbable, * €08 M. T. dlCERONIS ORATIONES. Recordare tempus illud, cum pater Curio mpcrcns jacebat in lecto : lilius se ad pedes meos prosternens, lacrymans, te mihi commendabat: orabat ut te contra suum patrem, si sestertium sexagies peteret, defenderem : tantum enim se pro te interces- sifse [dicebat.] Ipse autem amore ardens cbnfirm'abat,- quod desiderium tui discidii ferre non pofset, se in. exsilium else itu- Vum. Quo ego tempore tanta mala norentifsimae famiiiae sedavi; vel potius sustuli ; patri persuasi, ut aes aiieuum filii difsolve- ret; redimeret adolescentem summa spe et animi et' in genii praeditum, rei familiaris facuitatibus ; eumque a tua non mode familiaritate, sed etiam congrefsione, patrio jure et potestate, 1 prohiberet. Hsec tu cum per me acta meminifses, nisi illis^ quos videmus, gladiis confideres, maledictis me provocare au* sus efses ? ■■■'-■■■ - - XIX. Sed jam stupra et flagitia omittaip ; sunt quaedarn quae honeste non pofsum dicere : tu autem eo liberior, quod ea in td admisisti, qua) a verecundo inimico audire non pofses. Sed re- liquum vitae cursum videte : quern quidem celeriter perstriu- gam; ad haec enim quae in civiii bello, in maximis reipubl. mi- seriis fecit, et ad ea quae quotidie facit, festinat" animus: quae peto, ut quanquam multo notiora vobis, quam mihi sunt, ta- men, ut facitis, attente audiatis ; debet enim talibus in rebus exeitareanimos non cognitio solum rerum, sed etiam recordatio ; iametsi incidamus oportet media,' ne nimis sef o ad extrema ve^ niamus. Intimus erat in tribunatii Clqdio, qui sua erga me be- neficia commemorat ; ejus omnium incendionim fax ; (* 7 ) cujus etiam domi quiddam jam turn molitus est: quid dicam, ipse op- time intclligit. Jnde itur Alexandriam ( iS ) contra senatus auc- toritatem, contra religionem ; sed habebat ducem Gabiniuuij quicum quidvis rectifsime facere pofset,- Qui turn inde redi-? tus, aut qualis? ( J 9) priusin ultimam Galiiam ex iEgvpto, quam (37) Cujus etiam domi quiddam jam turn molitus est.~\ By the second mar- riage of Antony's mother, he became son-in-law to that Lentulus, who was put to death for conspiring with Catiline. To revenge the death of this fa- ther, he-attached himself to Clodius ; and during his tribunate, was one of the ministers of all his violences ; yet was detected at the same time in a cri- minal intrigue in .his family, with his wife Fulvia, whom he married after ClodiusY death. * • (38) Contra senatus auctoriiatem, contra religionem,'] Ptolemy king of Egypt, having been expelled his kingdom by his subjects, fled to Rome in order to solicit his restoration by a Roman army. Cato, the tribune, op- posed his restoration, with the greatest part of the senate on his side. Taking occasion to consult the Sib) l.iin^ books, on the subject of some prodigies, he chanced to find in them certain verses, forewarning the Ro- man people not to replace an exiled king of Egypt with an army. This ■was so~pat to his purpose, that there could be no doubt of its being forged ; but Cato called up the guardians of the books into the rostra, to testify the pafsnge to be genuine, where it was publicly read and explained to the people: it was laid also before the senate, who greedily received it ; and, after a grave debate on this scruple of religion, came to -a resolution, tha{ i i samied dangerous to the republic, that the king should be restored CICERo's ORATI' the lather lay opprefsed with grief in his bed; n prostrating himself at mv feet, recommende i my protection; and begged th.it 1 w< own lather, if he should insist upon having fori sand pounds and upwards, for he sai you to that amount : at the same time, inflan he declared, that as he could not he; from you, he would go into banishment. Al ivfiich tin posed , or rather utterly banished, al rishiri^ family. 1 persuaded the by means of his estate, to extricate i mising (renins, out of his difficulties ; and by his p and authority, to debar him not only from all intin from all manner of intercourse with you. all this was done by me, had you not trusted to tho we now behold, would you have dared to attack me reproaches r • Sect. XIX. But I will now pafs over you infamous intrigues: there are some thil with decency ; the knowledge of which gave you I scope, since you have been guilt) of what cannot against you by a modest enemy. But observe the course of his life, which, indeed, I shall quickly run i hasten to what he did in the civil war, amidst tin lamities of his country, and to what he now d< which though much better known to you than to me, you would be pleased to continue your attention: 1 cases the pafsions ought to be roused, not only by but by the recollection of actions. 1 must, however, em i middle stage of his life, lest I should arrive too I This man, who now boasts of his favours to me, w; his tribuneship, with Clodius. He was the minister oi all ins violent proceedings. He did. something at his h< time; 1 what it was, I need not say: he himself kn well -what I mean. From thence lie went to \ against the authority of the senate, and that oi" i he had Gabinius for his leader, v ith whom he could I doing every thing in the best mannner. When, or !. return then from thence ? He went from Egypt into I multitude. Gabinins, when proconsul' of Syria, in open defi authority of the senate, and tjie direction olf the Sib) I, r< on the throne wili>his Syrian army, acquired the first taste "of martial > against the laws and religion of his country. (39) Prius in ultimam Galliam ex /E^ypio qi< turning from Egypt to Koine, v. I easy, Antony went to Qaesar into Gaul , .;iul B vinCe, being furnished with money and credit by < Home to sue for the cjuKStorSbip €\0 M-. T. C ICE RON IS ORATIONES. domum : quae autem erat domus? suam enim quisque domum. * 1 1 iii obtinebat, -neque erat usquam tua : domum dico ? quid ei;at in terris, ubi in nio pedem ponercs, (+°) praeter unura Misenum, quod cum soeiis (+ 1 ) tariquam Sisaponem tenebas? XX. Venist i e Gallia ad quaesturarn petendam. Aude dicere, te prius ad parenteral tuam yenilse, quam ad me ? acceperam enim jam ante Csesarjs litems, ( 4i ) ut mini satisfieri paterer a, te: ita- que ne loqui quidem sum te pafsus de gratia. Postea cultus sum a te, tu a me observatus in p.etitibne'q-uavsturae; qua quiilem tem- pore P. Ciodium, approbante populo Romano, in rbro es conatus yjccidere; curnquc earn rem tua sponte conarere, non impulsu jiieo ; tameti ita praxlicabas, te non existimare, nisi ilium' inter- fecises, unquam mini pro tuis in me injuriis satis else facturum : in quo deniirqr, cur Milonem impulsu meo rem illam egifse di- cas, cum te ultro mihi idem illucl defcrentem nunquam sum ad- bortattis: quanquam si in eo perseverafses, ad tuam gloriam rem illam rcicrn malebam, quam ad meam gratiam. ' Quaestor es factus; ( 43 ) deinde continue sine senatusconsulto, sine sorte, sine leo-e ad Ceesarem cucurristi; id enim unum in terris egestatis, •aeris alieni, Requitia*,' perditis yitae rationibus perlugium else ducebas. Ibi te cum et illius largitiombus, et tuis rapinis ex- plevifses (si boc est explere, quod statim effundas,) advolas egens ad tribunatum, ut in eo magistrate, si pofses, viri tui similis eises. XXL Accipite nunc, quocso, non ea, quae ipse in se atque in domesticimi dedecus impure atque intemperanter, sed quae in jios fortunasquc nostras, id e^t, in universam rempublicam, impie ac netarie fecerit; ab hujus enim scelere omnium ma'o- rum principium natum repcrictis. ( 4 *) Nam cum L. Lentulo, (10) Pnctcr unum J\Iisenum.~\ A promontory of Campania, nigh which Antony had a seat. (41) Tanquam Sisapo?ie?n.'] Sisapo was a town of Corduba in Spain, fa- mous for its mines of red-lead". Cicero mentions it here by way of infamy. It alludes probably to some proverb taken from the collusion of the farmer's, in whose hands it was, or from their working under ground. (42) Ut. milii satisfieri paterer a #.J Antony had shown himself Cicero's enemy in espousing Clodms's party. (43) Deinde continue, SCcJ] The quasstors, who were the general receivers or treasurers of the republic, were sent annually into the seven provinces, one with every pro-consul or governor, to whom they were the next in au- thority; their respective provinces were afsigned them by a decree of the senate, or by casting of lots. But Antony, without any regard to laws or customs, went directly to Caesar, as soon as he was made quaes tor. (44) Nam cum L. Lentulo, "C. M&rcelio consulibus, 6,'c.l As soon as Len- tutus and Marcellus, who were devoted to Pompey's interests, entered upon the consulship, the senate voted a decree, that Ca?sar should dismifs his army by a certain day, or be declared an enemy. M. Antony and Q. Cafsius, two of the tribunes, opposed their negative to this, as they had done to every decree proposed against Cossar; and when they couhi not be persuaded by the entreaties "of their friends to withdraw their live, the senate proceeded to that vote,, which was the last respit in cicero's orations. Qimh, before he came to his own house. ]]ut whi • pery person at that time had a house of his own, but had none. House, do J say? what place was there whore you could set your loot, like another Sisapo, you and your compaii Sect. XX. You came from Gaul to stand for tin Dare you say that you visited your mother bef( had received Caesar's letters before, desiring thai I you to make satisfaction; therefore 1 would no tempted this of your own accord, not hy mv in you declared that you couldnevcr make me sutfi tionfbr the injuries you had dene me, imh him. For which reason I am surprised you should m that Milo did it at my instigation ; seeing I never cncoui you to do it, though you made me thatcller of your o- Yet had you persevered in your resolution, I should have i that that action had been accounted honourable for you, i than advantageous for me. You was made quaestor; upon which, without any authority of the senate, without any ment, without any law, you instantly hastened to (War; foi that you thought the only refuge on earth for indigen Villaiiy, and desperate circumstances. There, when hv his profusion and your own rapine you had glutted your. may be called glutting which you instantly disgorged,) you empty and beggarly as. you was, to the tribuneship, thai might, as far as }*pu couid, in that oifice approve yourse your husband. Sect. XXI. Hear now, I beseech you, not what concern impurity and intemperance of his domestic infamy, out his impi- ous and flagitious conduct against us and our fortunes-; I against the wlioie constitution : because from - will find that ail our calamities have sprung. For win consulship of L. Lcntulus and C. Marcelius, you were cases of extremity, ' That the consuls, praetors, tribunes, and all wl * about the city with proconsular power, should tike care that the * lie received no detriment.'' As this was « with aa absolute power to treat all, men as they pleas judged to be enemies, the two tribunes immediately withdrew then upon it, and fled to Cesar's camp, on preten< |heir persons, though none was offered 01 :o them. 612 M. T. CICERONIS ORATIONES. C. MarceUp eonsulibus, kalendis Januar. labentem et prope ca- detnem rempublicam fulcire cuperetis, ipsique C, Caesari, si Sana mente eiset, consulere velletis ; turn iste venditum atque mancipatum tribunatum consiliis vestris opposuit, cervicesque suas ei strbjeck securi, qua multi minoribus in peccatis occide- runt. • lute autem, M. -Antoni, id decrevit senatus, et quidem incolumis, np'ndum tot luminibus extinctis, quod in hostem to- gatum decerni est sohtum nlore major um : et tu apud patres Conscriptos contra me dicere ausus es, cum ab hoc ordine ego conservator efsem, tu hostis reipubiicae judicatus? Commemora- tio illius tui sceleris intermiisa c:>V non memOria deieta: dum genus horpinum, "'dum pppuli Romani riomen exstabit (quod quidem erit, si per te licuerk, seoipitemum,) tua ilia pestifera intercefsio riominabitur. Quid cupide a senatu, quid temere ik'bat, cum tu unus adolescens liniversum ordinem d'ecernere de salute reipublicas piohibuisti r heque id semel, sed ssepius; ne- que tu tecum de senatos auctoritate agi pafsus es. Quid autem agebatur ? nisi ne deled et everti rempublicam funditus velles ; cum te neque principes ci'vitatis rogando, neque majores natu monendo, neque frequens senatus agendo, devendita atque ad-- dicta sententia niovere potuit r Turn illud, multis rebus ante tentatis, neceisariq tibi vulnus inflictum, quod paucis ante te, quorum incolumis fuit nemo: turn contra te dedit arma hie crdo eonsulibus, reliquisque imperiis et postestatibus, quae nou % eftugjfses, nisi te ad arma Caasaris contulifses, XXII. Tu, tu, inquam, M. Antoni^ princeps C. Caesarij omnia perturbare cupienti, causam belli contra patriam inferendi dedisti. (4*) Quid enim aliud il!e dicebat? quam causam de- mentiisinri sui consilii et faeti aflerebat, nisi quod intercefsio neglecta, jus tribunitium sublatum, circumscriptus a senatu cfset Antonius? Omitto quam hac falsa, quam levia; praeser- tim cum omnino nulla causa justa cuiquam else potest contra pa-« triam arma ■ capiendi. Sed nihil de Caesare: tibi certe confiten- dum est, causam perniciosifsimi belli in persona tua constitifse. O miserum te, si iutelligis! miseriorem, si non intelligis hoc li- utis mandari, hoc memorise prodi, hujus rei ne posteritatem quidem omnium saeculorum unquam immemorem fore; consules ex Italia expulsos, cumque his Cn. Pompeium, qui imperii popuii Romani decus ac lumen fuit; omnes consulares, qui (15) Quid enim aliud ilk dicehat?~] Though Caesar's real motive to begin the civil war, can be a secret to no person who knows any thing of his tiis> 'ory, ) et it is certain that Antony's iiight gave the immediate pretext to it; and this Cicero had foretold,/ Caesar/ -says he, in a letter to Atticus, * will betake himreif to arms either for our want of preparation, or if no * regard be had to him at the election of consuls; but especially, if any tri- * bune, obstructing the deliberations of the senate, or exciting the people to ' sedition, should happen to be censured "Or over-ruled, or taken off, or ex« N L peiled, or pretending to be expelled, run away to him/ — Ad, Att. 7,.?.- CICERo's OR A : on the first of January, of pro; fil- ing constitution, and ot favoii; !i . ( have been brought to a proper way of thi oppose the venal and prostitute tribu and subjected his own neck to thai rished for crimes of a lei's heinoi M. Antony, the senate, while it wi its lights not yet extinguished, de- according to the custom or" our ana against an enemy of his country. And bai i against me before the senate, when by this aftembl} 1 adjudged the preserver, and you the enem your guilt has not. indeed been mentioned I is noAbrgotten. While the human rai shall remain (and remain it will for ever, unlets est. you,) that pernicious opposition of yours shall be What was done partially, what rashly by I a single youth, hindered that whole order from do concerned the public safety? and that not once, bui would you suffer yourself to be reasoned with about the at of the senate- Yet what was their design, but to hind abolishing and utterly overturning the constitution, \ the principal persons of the city by their intreaties, nor th of the people by their remonstrances, nor a hv.: liberations, could shake your venal, your prostit Then, many other previous methods being tried, tl necefsarily inflicted upon you, which few before you had felt, and none without sinking under its weight. 1 hen d^d sembly arm against you the consuls, and our other • and powers, whose vengeance you had never .escaped, it ; bad not fled for protection to Caesars army. Sect XXII. You, M. Antony, you, I say, was furnished Caesar, already desirous of throwing eve into confusion, with a pretext of waging war against For what else did he say ? what other season did h< his outrageous resolutions and proceeding, but th ceision was neglected, the tribunitial authont Antony over -ruled by the senate? I shall not sa; trifling these excuses are, .especially as no pe, ' have any just reason for taking up arms against his cou But I shall say nothing of Gear; yet you must cerUinlv Ifs, that the cause of that most destructn e -your person. O wretched man, if thou : wretched if thou dost not perceive, that . 4bry, that this stands upon record, th,, foro-et this fact; that the consuls were expelled It Senf Ponipey, the light and ornament ot 1 614- M. T. CICEROXIS ORATIONES. per valetudinem exse.qui cladem illam fugamque potiiifsent ; pr^e* tores, praetorios, tribunos plebis, magna m parteiii senatus, om- iiem sobolem juveritifiisy tmoquc verbo rempublicam expulsarn atque exterixiinatam slug sedibus. Ut igitur in syeminibus est causa arboruna et stirpiura '; sic foujus luctuosifsimi belli, semen tu fuisti. ( +6 ) Doletis tres exercitus populi Romani interfectos ; , interfecit Antonius: ( 47 ) desideratis ciarifsimos cives; eo-s • que eripuit vobis Antonius: auctoritas bujus ordinis afflicta afflixit Antonius: omnia . denique," ejpise postea vidimus (quid atitem maii non vidimus?) si recte ratiocinabimur, uni accept a referer.ius Antonio: n't Helena Trojanis, sic iste huic reipublicae causa belli, causa pestis atque exitii f'uit. Reliquiae partes tribu- natus principio similes: omnia perfecit, quae sen at us saiva re- publican ne fieri poisent, pehecerat, Cojus tameu scelus in seeiere cognoscite. XXIII. Restituebat multos eakmltosos ; ( 4:ani iftterf acids.] viz. Pompey*s, io the plains of.Pharsalia ; Afranius's in Spain ; ar.d Scipio's in Africa. (47) Desiderttti's'etarifsimos c?/rtfs\] viz. Cato, Lentufus, Marcellus, Domi- tins, and many other persons of eminence; who perished in the civil war. (48) Ihltis patrui ?ridliinieti!io.~\ This was C. Antonius, who was consul with Cicero: upon the expiration of his office, lie had Macedonia aligned to him tor his province; for the male-administration of which he was im- peached and brought to a trial; and being found guilty, was condemned to perpetual exile. (49) Sed ut, quod illc in alea perdiderat, bencficio legis dif sober et.~\ Com- mentators are divided in the interpretation of this pafsage. By : tegis, Abramius thinls is meant a sum of money which Antony received for parsing the law for Dentkuia's restoration ; so that the sense of the pafsage, according to him. is, that with this sum Antony might pay oft' the mnmy had borrowed, and lost at gaining. The commentator m us:..:. . CfCERo's ORATK that all the consular* bhoae health would m that rout and flight; that the praetors; the tribunes or the people, a great part of the B enat< or our youth: in one word, that the republic and exterminated from its own habitations: as theretore spring from seeds, so arc you the seed ol plorablc war. You are grieved that tin oil; they were cut oii by Antony. Ye la,, eminent citizens; it was Antonv that depr'm The authority of this order is wounded; ii tony. In short, all the calamities we hav< I what calamities have we not beheld ?) if w« will ,. were owing to Antony, alone. As Helen was t< has Antony been the occasion of war, misery, an this state. The rest ot* his Cribuneship was of a piece w ith . ginning. He did every thing that the senate, whil< tution was-inviolated, had taken care to prevent. 1 lanou's he was in the exercise of his villauy, you shall [low Sect. XXIII. He restored many condemned p< never mentioned his uncle. It' he was severe, why nol against all? if merciful, why not so to his own relation to pals Over the rest* he lias restored his play- fellow i ieinms 1 >< tieula, who was condemned for gaming, as if indeed it were un- lawful to play -with a condemned person; hue this was doi that what he lost by gaming, he might clear by the Im the law. What reason did you afsign to the people Of Rop why he should be restored ? An information had been grant against him, I suppose, in his absence; the affair determined without inquiring into the merits of the cause; there was no exprefs law against gaming- ; he was overpowered by force and arms; in a word, as was said of your uncle, the trial v ... e'need by money : none of the^se reasons were afsigned. Bui was a. good man, and a worthy citizen ; that too is the purpose: yet, as you allege that he was unjustl demned, if this were true, I could forgive him. But restores the most abandoned of mankind, a man that scruple playing at dice even in the forum, and condemn • I bj the law against gaming, does he not evidently pro!'. pafsion for it? Moreover, in the same tribuneship, n at his departure for Spain, delivered up Italy to be trampled u] by this fellow, what a progrefs did he make over the e< what a review of the municipal towns? I know that I am i, opinion, that" the pafsage refers to Dcnttcula. This is thfl we have taken it, as appearing to us the most natural. The i take which he please. • . 6 616 M. T. CICEROIHS ORAT TONES. dieo dieturusque sum, notiofa omnibus efse, qui in Italia turn ruere, quam niibi; qui non fui: notabo tamen singulas res; etsi nulio modo poterit eratio mea satisfacere vestrae sciential. Ete- liim quo.! unquam in terris tantum flagitium, e^stitifse auditum est? rantam turpitudinem? tantum dedecus ? XXI V. ( 5 °) Vebebatur in efsedo tribunus plebis: Hctores Jau- reati antecedebant: inter quos, aperta lectica, mima portabatur : quam ex oppidis municipaies, homines honesti, obviam nece^- sarip prodeuntes, non noto illo et mimico nomine, sed Volum- njam consalutabant : ( 5l ) ' sequebatur rheda; cum' I'enonibus: c*j- mites Efequifsiixii : rejecta mater amicam inipuri filii, tanquam imrimi, sequebatur. O miserae mulieris foecunditatem calami- tosam! Honnn flagitiorura iste vestigiis omnia municioia, prae- fect^iras, colonias, totarn denique Italiam iiiiprefsift Reiiquorum iactorum ejus P. C. tiifricilis est sane reprehehsio, e% lubrica ; versatas in belloest; saturavit se sanguine diisim'iiiimorum sui civiuai : fui't i'eiix, si potest ulla efse in scelere feiicita^. Sed quoniam veteranis cautum efse volumus, quanquam difsiinilis eat miiitum causa, et tua ; illi secuti sunt, tu quacsisti ducem : tamen, ne apud illos me invidiam voces, nihil de belli genere dieam. ( S2 ) Victor e Theisalia Bmndusium cum legiombus re- vertisti : ibi me non occidisti ; magnum beneficium : potuifse enim fateor; quanquam nemo erat eorum, qui turn tecum fue- runt, qui mihi non cem-eret parci oportere ; tanta enim est cari- tas patriae, ut vestris etiam legionibus sanctus efsem, quod earn a me servatam efse memiriifsent : sed fac id re dedifse mihi, quod non ademisti; mcque a te habere vitam, quia a te non sit erep- t.a : lieuitne mihi per tuas contumelias hoc beneficium sic tueri, ut tuebar, praesertim cam te luvc auditmum vide (50) Fehcbufur in efsedo tribunus plcbis.~\ The efscdum was, properly, a sort of waggon, from which the Gauls and the Britons used to afsail the Romans in their eirgagertierHS with them. — It would appear from this pas- sage, that the tribunes of the people, while they continued in their office, were not allowed to ride in a chariot, or any other vehicle. What Plutarch says, (Quest. Rom. p. SI.) seems to favour this conjecture. Hi's words these: Cum autem tribunus plebis e plebe snmpserit brigivefn, in eo vis ejus est omrtis, ut sit valde popularis, ejusque omtiis amplitudo est, ut non majores spiriha sumat quant (keteri, sea et habit u corporis es veste et visendi rai similis cuicunque civium. Nam pampa consuti convev.it et pnetori ; ai ■ tribztnum plebis, ut aiebat C. Curio, conculcari oportet, ncque specie may. tern praftrre, out efse inaccefsum, et multitudini dijfuifem, sed ita super alios ornttes eminere, ut tamen pofsil facile convettiri. Et ea?n oh rem rieque illi domus januas clauderefas est, sed diu noefnque aperit ; tanquam / ei perfugimn wdigentibus.. Quo magis autem externa specie corporis abjectus est, ea mag is potestate aftollitur. (51) Sequebatur rheda cum l c n#n ib us.~] Some commentators of very con- siderable learning are for reading /eonibus, instead of tenombus; they t thaiCicero wanted to intimate whalPliny has left upon record, b S.chap His words are these: Primus ikones Romce ad currum jirnxit M. A et qnidem eiviU hello, cum dimicdium e/set in Pharsalka vstcnto c>c>v.t.:j temporum, generosos sj>iritus 4 re HL- prodigio sig- CICERO S ORATIONS. treating df matters publicly talked of by all; and what I n say, or am about to say, is mucli better known | were then in Italy, than to rue who was not. notice of each particular tact, though all I can say must I short of what you know : for was ever so villanous, so base, so infamous a conduct heard of in tins world? Sect. XXIV. A tribune of die people role in a chariot: ! reled lietors went before hiin ; and an -out in an open sedan. As the inhabitants of the municipal to., men of credit, were obliged to meet her on the road, the) luted her, not by her known and theatrical name, but by the ilame of Voluoinia. A chariot, full of bawds, followed ; his attendants were persons of the most infamous characters ; the slighted mother followed the mistrefs of her abomin if she had been her daughter-in-law : deplorable fruuiuinc an afflicted woman ! Traces of his lewdnefs he left in all i municipal towns, prefectures, colonies ; ; in a word, and in Italy. It is difficult arid dangerous, conscript fathers, to point Out his other detestable deeds. He became a military man, and glutted himself with the blood of citizens very unlike him- self; he was fortunate too, if a guilty person can be said to be fortunate. But> as I must beware of reproaching his veter and lest he should stir up their hatred against mc\, I shall say thing of the nature of the war: though after all, the case of the soldiers is widely different from yours ; they followed, you sought a leader. You returned victorious from Thefsaly to Briuldusium with the legions. There you did not kill me : a great favour, truly ; for I confefs you had it in your power : though there was not one of those that were with you, who did Hot think that you ought to spare me. For so great is the love, of our country, that my person was sacred to your legions, be- cause they remembered that by me their country had been pre- served. But, granting that you gave me what you did not tj away; and that I now enjoy life by your bounty, because did not deprive me of it; have your reproaches permitted me, to view this favour in the light I used to do, especially as ] could not but see that you must hear of these things again? nificanfe. Nam quod ita rectus est cum Mima Cytheride, supra monsfra etiani illarum calami latum f nil. We cannot help, however, agreeing with Ferrarius, who says, that if konibus were the true n o would not have barely mentioned so extraordinary a circumstance, but have dwelt longer upon it, agreeably to his usual manner. (52) Victor e ' Thefsalia Brundusium cum legiorlibus reverttsti.] Att rtne battle of Pharsalia, Caesar sent back a great part ot his .amy mU under the command of Antony, and pursued Pbrn&ey with the remainder of his forces. _,. Rr 61$ M. T. CICER0N1S O-RATIONES. XXV. Venisti Brundusium in sinum quidem et in comply tuae mimula 1 : quid est ? num mentior r quam miserum est id negare non pofse, quod sit turpifsimum contiteri? si te raunici- piorum non pudelrat ; ne veterani quidem exercitus; quis enim iniies fuit, qui Brundasii illam non viderit? quis, qui nescierit^ (") venifse earn tibi tot dierum viam gratukitum? quis, qui non indeUierit, tarn sero se, quam nequam homimmi seeutus efset^ cognescere ? Italise rursus percursatio, eadem comite inima: in oppida nvilitum crudeiis et mi sera deductio : in urbe auri, ar- gents, max i me que vini,fceda direptio, Accefsit, ut,Csesare ig- liarD, cum efset ille Alexandria*, (- 4 ) beneficio amicorum ejus magister equitum cohstitueretur : turn existimavk so suo jure cum Hippia vivere, et equos yectigales Sergio mimo tradere ; turn sibi non banc, quam nunc male tuetur, sed M. Pisoiiis do- mum, ubi habitaret, iegerat. Quid ego istius decreta, quid ra- pinas, quid haereditatum pofseisiones daias, quid ereptas pro- t'eramr cogebat egestas; quo se verteret, non habebat : notidum ei tantaa L. Rubrio, non a L. Turseiio harreditas venerat: non- dum in Cn. Pompeii locum, multorumque aliorum, qui aberant, repentinus hares succefserat: erat ei vivendum lationum ritu, ut tantuin baberet, quantum rapere potuifset. Sed hsec, quae ro- bustioris improbitatis sunt, ommittamus: loquamur potius de nequifsimo genere levitatis, Tu istis faucibus, istis lateribus, ibtii gladiatoria totius corporis firmitate, tantum vini in Hippiae nuptiis exhauseras,ut tibi necefse efset in popuii Rom.conspcctu- vomere postridie. O rem non modo visu feed am, sed etiam au- ditul Si inter ceenam, in ipsis tuis immanibus iliis poculis, hoc tibi accidiiset, quis non turpe duceret? in ccetu vero popuii Roman i negotium publicum gerens, magister equitum, cuiructare turpe eft; ct, f is ) is yomens, trustis esculentis, vinuni redolentibus, gremium suuin et totum tribunal implevit. Sed hoc ipse fatetur else in suis sordibus:. reniamus ad splendida XXVI. Caesar Alexandria se recepit, felix,ut sibi quidem vi- debatur; meat autem sententia, qui rerpublicae sit inielix, felix (53) Venifse earn tibi tot dierum viufn gratulatuik ?~\ Lipsius tells us ; thai Brundusiuirt was 3~->0 miles from Rome; so that at the rate of travelling five-and-twentv miles a day, Cytheris must have been fourteen days on her journey. Horace, in the account he gives of his journey from Rome to Brunviusiiun, in the first book of his Satires, intimates that it took up iifteen c'n\ s. (54) Beii'/JlciO'cnaicoriim ejus magister equitum ccnstitucrstur.~\ When the news of the battle of Pharsaiia, and of Ptfropev's death, reached Rome, Caesar Avas declared dictator the second time in his absence, and Antony his master of the horse; which Cicero here intimates was owing to Antony's friends, and that Gafsav knew nothing of the matter. But Plutarch different account of the. affair. Sec his life of Antony. (55) Isvomens,Jrustis'escuIentis.'} RoUin., in Iiis Belles Lettre*_, ob< that there is a delicacy in the French, which would not admit of a transla- CICERO'S ORATIONS. Sect. XXV. You came to Brundusium and embraces of your little actrefs. J [ow ! dor, Hovy wretched it is not to be able to deny confefs! If you were not ash the municipal towns, were yon not ashami self to your veteran army ? for what did not see her at Brundusium ? who I coming so many days journey, to give you not sorry he perceived so late lowed? Yon made a second torn of Italy, , same actrefs: cruel and miserable was the quai soldiers upon the towns; scandalo silver, but chiefly of wine in the city. To without the knowledge of Cresar, who was tony, by the favour of his friends, was appointed m the horse. Then he thought he had a n Hippias, and to deliver the tributary I player. He then chose the house of M. Piso, a;, which he now scandalously pofsefses. Why should 1 pub decrees, his rapaciousnefs, the estates he bestowed, and th< which he violently seized? Poverty compelled him to it; what hand to turn himself he knew not. He was n in pofsefsion of the large estate left him by L. Rubrius, and that left him by L. Turselius; he had not as yet become ail of a sudden the heir of Pompey, and a great many others who w< absent. He was then obliged to live after the manner of r< bers, having just as much as he could get by plunder. But let us pafs over the instances of his enormous wickednels, arid p ceed rather to his infamous levity. At the marriage of Hipp you gorged yourself so with wine, that notwithstanding that throat, those sides, and that Herculean body of yours, you were obliged the next day to vomit it up in the sight of the people of Home : an abomination ! the sight or mention of which must create abhorrence. Had you done this at supper, amidst your excefsive drinking, who would not have thought it scandalo but in an afsembly of the Roman people, the master of th in whom it would have been thought beastly even to U l< vomited, when transacting public affairs, artd filled bo- som and the whole tribunal, with indigested mors< ling rank of wine. But this he confefscs to be one of his blemish let us now proceed to. the shining parts of his character. Sect. XXVI. Caesar left Alexandria, happy in his own opi- nion; but in mine, lie who renders his country unhappy, must tion of this pafsage; and indeed the painting is so strong, and the indelicate, that in any language' it must offend the reader. Ri 620' W. T- CICERO NIS ORATIONES. efse non potest : ( s6 ) hasta, posita (") pro a?de Jovis StatoVis,- bona Cn. Pompeii (miserum me ! consumptis enim lacrymis-, tamen infixus animo hacret dolor,) bona, inquam, Pompeii Mag- iii, voci acerbifsim-ce subjecta pricconis: una. in ilia re servitutis oblita civitas ingemuit; servient ( ibusq,ue anions, cum omnia, me* t'u tenerentur, gemitus tamen popuii Romani liber fuit : ex- pectantibus omnibus, quisnam efset tarn impius, tam demens, tarn diis hominibus(pe hostis, qui ad illud scelus sectionis aude- ret accedere, inventus est nemo, prseter Antoniun> : praesertim cum tot efsent circum hastam illain, qui alia, omnia auderent - 7 unus inventus est, qui id auderety quod omnium fugifset et re- ibrmidafset audaeia. Tantus igitur te stupor opprefsit, vel, ut verius dicam, tantus furor, ut, primum cun> sector sis isto loco natus, deinde cum Pompeii sector, non te exsecrandum populo ."Romano, non detestabilem,non omnes tibi deos, non omnes ho- mines, et efse inimicos, et futuros scias ? At quam insolenter statim helkio invasit inra monster seized upon the goods of that man, dered the Romans formidable,, aud whose justice qiade dear, to foreign nations! Sect. XXVII. Having then, all of a sudden, immersed him- self in the wealth of this great man, he was tra . with joy ; like the character in the play, he was pool' this instant, and rich the next. But, as a certain poet exprefees it, I . who, what slightly comes, sjightjy goes; it is incredible, amazing, how he could pofsibly squander such immense w< I will not say in so few iponths, but days: prodj quantity of wine, prodigious that of matey plate robe; great variety of elegant and noble furniture, such . spoke not luxury, but plenty: yet all was difsinated in a days. What Chary bdis so voracious! Chary bd is do 1 su there ever was such a monster, she was onk ocean itself, bv heavens! seems scarce capable of swallow: so much wealth, so widely scattered, and situated m distant places, in so short a space of time. thing shut up, nothing sealed, nothing committed to writing. Whole side of Demona, dver-iigairwt Scylla, a ' Jncidit in Scyllam, cupiens vitars Qhqryi sengers to avoid the one or other of them. Tl poets, as hideous devouring monsters. Chai been a rapacious whore, who, having taken . thunder-struck by- Jupiter, and thrown into t formed into a devouring whirlpool. Virgil, in the third b yer. 424. gives us the fabulous description of Scylla of Phorcus, whom Circe is said to have transform cause she was her rival. 652 M. T. CXCERONIS ORATIONES. totae nequifsimis hominibus condonabantur : alia mimi rapiebant, alia mimae; domus erat aleatoribus referta, plena ebriorum: to- tos dies potabatur, atque id Jocis pluribus : suggerehantur etiam sa?pe (non enim semper iste feiix) damna aleatoria: conchy batis €n. Pompeii peristromatis servorum in cellis iectos stratos vide- res. Quairfobrem desinite mirari, base tarn celeriter efsecon- sumpta; non modo anius patrimonium, quamvis ampium, ut il- lud fuit, sed urbes et regna celeriter tanta nequitia devorare po- tuifsel. At ejusdem osdes etiam et hortos. O audacium imma- nem! tu etiam ingrecli illam domum ausus es? tu illud Sanctis- simum limen intrare ? tu illarum aedium diis penatibu* os im- portunifsmium ostendere ? Quam domum aliquamcm nemo aspicere poterat, nemo sine lacrymis praeterire^ hac te in domo tamdiu diversari nori pudet? in qua, quamvis nihil sapias, ta- men nihil tibi potest efse jucundum. XXVIII. An tu ilia in vestibulo ( 59 ) rostra, spolia cum ad- spexisti, domum tuam te introire putas? fieri non potest : quam- vis enim sine mente, sine sensu sis, ut es, tamen et te, et tua, et tuos nosti ; nee vero te unquam neque vigilantem, neque in somnis credo mente pofse consistere. Necefse est, quamvis sis, ut es, violentus et furens, cum tibi objecta sit species singularis viri, perterritum te de somno excitari, furere etiam saepe vigi- lantem. Me quidem miseret parietum ipsorum, atque tectorum : quid enim unquam domus ilia viderat, nisi pudicum, nisi ex op- timo more et sanctiisima disciplina? fuit enim ilie vir, P. C. si- cut scitis, ( 6o ) cum foris clarus, turn domi admirandus; ne- que rebus externis magis laudandus, quam institutis domesti- cis: hums in acdibus pro cubiculis stabula, pro tricliniis popina) sunt : etsi jam negat ; nolite, nolite quacrere ; frugi factus est ; mimam illam suam suas res sibi habere jufsit, ex duodecim ta- 4 bulis ; claves ademit, fo'rasque exegit: quam porro spectatus ci- vis, quam probatus; ciijus ex omni vita nihil est honestius, quam (59), Rostra, spolia cum adspexisH."] -J he P v oiuaus, it would appear, had a s*peat pride in ornamenting their porches and the avenues to their houses. Poinpev, having been successful in the war against the pirates, had his ornamented with na"val spoils. (60) Cum {oris darns, turn domi admiraiidus, &c] Tn Cicero's writings, we sometimes lind Pompey's character heightened by the shining col pf, eloquence, sometimes deprefsed by the "darker strokes of resentment : but his true character seems to have been that of an honest, grave, and worthy man, as our orator represents him in a letter to Atticus. He had early acquired the surname of the great, by that sort of merit, which from tiie constitution of the Roman republic, necefsarily made him great; a fame aji.d succefs in war, superior to what 'Ecme had ever known, in the most celebrated of. her generals He had triumphed at three several times over the three different parts of the known world, Europe, Asia, Africa ; and by bis victories, had almost doubled the extent, as well as the reve- nues of the Roman dominion ; for, as he declared to the people on his re- turn from the Mithridatic war, hejound the Lefser Asia the boundary, but left it the middle of the empire. V, hat leisure he found from his wars, he employed in the study of polite letters, and especially of eloquence; ha ClCERo's ORATh. hilars of wine wen some thnvp became the plunder or the house swarmed with gamesters . were consumed m these things were A tony h,mseit ; v, the beds of si .vered witl Alchti to wonder, tlit all tl were so soon di&ipated. Such wild | have consumed not only the .wealth of , ever, but whole cities and kingdoms. fcv< us did this man swallow up. Consummai AndJiad you the alsurance to em. i sacred threshold ? to present your dau household gods of that family? so long in a house which none for a loi none could pais by, svjthout shedding tears ? a I; senselefs as you are, not one single thing coi pleasure. Sect.. XXVIII. Did you imagine yon was ctitt house, when you beheld the beaks' of ships and ot spoils that adorned its porch? It is impotsible : for, and inconsiderate as you are, yetstill you know your friei self, and what belongs to you. Nor indeed do I think it p< that you could, either awake or asleep, enjoy any tranquillity of mind : for, violent and frantic as you are, when the form of that extraordinary man presented itself to your imagin you must have been roused out of your sleep with honor, and even have been often seized with frenzy when av for me, I really pity its very walls and roofs ; for, what d;. bouse ever behold but the greatest modesty, purity, an of manners? for Pompey, pt fathers, as you know, was both eminent abroad, and to be admired an home ; no more to be commended for bis public conduct, than for his domestic discipline: yet under Ins roofs are br< now instead of bed-chambers, and tipplinj id of dining-rooms. Bat Antony denies all this. Give over, give over making any inquiry: he has now become frugal; he has divorced his actrefs, according to die laws oi the twelve tables; he has taken away his keys from her, and turned her out of doors. How excellent, how worthy a cil most commendable action of whose whole life is his di voicing an actrefs! But how often does he talk of his I which he would have acquired great fame, if his genius had not dn i to the more dazzling glory of arms: yet he pleaded several plause, in trie defence of his friends and clients ; and some v\ ll junction with Cicero. His language is said to have been i vated'; his sentiments just ; his voice sweet; his act. I full of dignity. 11 r 4 624 M„ T. CICE&ONIS p£ATIONE$. quod cum mima fecit divortiunj ? At quam crebro usurpat, et gpnsid, et Anionius? hoc est dicere, et consul, et impiidicifsi- mus; et consul, et homo nequifsimus : quod enim est aliud An- tonius: nam si digrjitas significaretur iu nomine, dixiiset ali- quandoj credo, avus tuus, et consul, ctAntonius; nunqu dixit; dixifset etiam collega meus, patruus tuus: nisi tu solus es Aritoriius. Sed omitto ea peccata, quae hon sunt earurn par- tium propria, quibus tu rempublicam vexavisti : ad ipsas tuas partes redeo, id est, ad chile belliim : quod natuin,' conflatum, susceptum opera tua. est. XXIX. Cui bello cum propter timiditatem tuam, turn propter libidines detuisti : giistaras civiiem sanguinem, vel potius exsor- bueras: fueras in acie Pharsalica antesignanus : L. Domitium, nobilifsimum et clarifsimum virum, occideras : multos, qui & predio effugerant, quos Caesar, ut nonnullus, fortafse serrafset, crudelifsime persecutus trucidaras ; quibus rebustantis, talibus gestis, quid tuit causae, cur in Africam Caesaiem non sequere, cum prater tim belli pars tanta restaret ? Itaque quern locum apud ipsum Caesarem, post ejus ex Africa reditum, obtinuisti r quo numero fuisti ? cujus tu imperatoris quaestor fueras, dicta - toris magister equitum, belli princeps, crudelitatis auctor, prsedse socius, testamento,'ut ipse dicebas, filius, ( 6I ) appellatus es de pecunia, quam pro dome, pro hortis, pro sectione debebas : primo respondisti plane lerociter , et (ne omnia videar contra te) propemodum aequa etjusta dicebas. A me C. Gesar pecu- niam 1 cur potius, quam ego ab illo r an ilie sine me vicit r at ne potuit quidem : ego ad ilium belli civilis causam attuii ; ego leges perniciosas rogavi; ego anna contra consules impcratores- que populi Romani, contra senatum populumque RomanUm, contra deos patrios, arasque et focos, contra patriam tali : nuin sibi soli vicit? quorum facinus est commune, cur non siteorumprarda communis ? Jus postulabas : sed quid ad rem ? plus' iile poterat. Itaque excufsis tuis vocibus, et ad tc, et ad prscdes tubs milites misit: cum, repente a te praeclara ilia tabula prolata, qui risus bominum? tantairi efse tabulani, tain vaiias, tam 'arnicas pos- sefsiones, ex quibus praeter partem Miseni, nihil erat, quod is, qui anctionaretur, pofset suum dicere. Auction!? vero misrabilis adspectus, yestis Pompeii non multa, eaque maculosa: ejusdem 1 (61) Appellaius es de pecurja, quam pro do??io, &rc] Antony bought Pom- pey's houses in Rome, and the neighbourhood, with all tin ir. rich furniture," at Cseaar's auction ; but trusting' to 'his interest with C:esar,and to the part •which he had borne in advancing him to his power, never dreamt of 'being obliged to pay for them: but Caesar, disgusted with his debaucheries and extravagance, resolved to show himself the sole master, nor suffer any con- tradiction to his will ; accordingly he gave peieitiptory orders to L. Plan- eus, the praetor, to require immediate payment pt Antony, or else to levy the money upon his sureties, according to the tenour of their bond. This provoked Antony to such a degree, that, in the height of his resentment} he is said to have entered into a design of taking away Caesar's life, of which pjesar himself complained openly in the senate. }»oth consul and Antony? that is to .the vilest fellow breathing; both Auto: on earth. For what i b} were implied in the name, your -ran sometimes have styled himself both co never did: my colW same, unlefs you person ( But I pais over those faults which u racter in which you hare harafsed your pouhti to that scene in which you was a principal a'ci civil war, which was begun, contrived, and undertaken I means. Sect. XXIX. Your cowardice . unequal to this war. You had tasted, or ral down the blood of your countrymen : in the battle i you led the van ; you had murdered L. Domitius, a nun oi oreatest quality and renown ; numbers that I of the battle, whom Caesar, as he did hers, would p< haps have saved, you had butchered, alter nursuin the utmost cruelty.' Alter which great and gl why did you not follow Cesar into Africa, especially great a part of the war still remained ? In what favour you with Caesar- after his return from Africa In When general, you had been his quaestor ; when dictator, master of the horse: you had been the manager o* I adviser of his cruelty; the partaker of the plunder. Will, as you yourself owned, named hisheir: But you wa ' for the money you owed for the house, for the : the rest of the purchase. At first you answered with down: fiefcenefs; and that I may not always seei you said was almost just and equitable : L ' why more than I should of him ? Has he conquered Lf that he could never have done. It was 1 pretext for the civil war, I who paised* pernicious took up arms aeainst the consuls and generals ol Spl? against %e senate and people o^ome, country <&ls, against oui religion and property, an ."v country: fed he conquer for h imselt only ? ii common, why should not the booty be common t< maTueu Uly what was reasonable; but what did hat Xkhe w?s more powerful r Turning a deal ear then to your beeches he despatched his soldiers to yon and yoursure when you produeecl that famou* inventory all ol a sudd. M. T. CICERONIS ORATIONES. qiiaedam argentea vasa collisa : sordidata mancipia < ut doleretnus, quidquam efse ex illis reliquiis, quod videre pofsemus. Hanc tamen auctionem hsered^s L. Rubrii decreto Caesaris prohibue- rimt. Hasrebat nebulo: quo se veteret non- habebat. Quin his ipsis ternporibus domi Csesaris-percuisor ab isto mifsus, depre- hensus dicebatur efse cum sica ; de quo Caesar in senatu, a^erie m te invehens, questus est. Proficiscitui in Hispaniam Caesar, paucis tibi ad solvciidum, propter inopiam tuam,. prorogatis diebu's ; ne tum"quidem s s.equens: ( S2 ) tarn bonus gladiator, ru- clem tarn cito accepisti 5 XXX. Hunc igitur quisquam,.quiin suispartibus, id est, in suis fortunis, tarn timidus fuerit, pertimescat ? Profectus est tandem aliquando in Hispaniam : sed tuto, ut ait, pervenire non potuit; qacmam iriodo igitur Dolabeiia per venit? aut non suscipienda hnt ista causa, An torn; aut, cum suscepifses, defendenda usque ad extremum. Ter depugnavit Caesar cum civibus; in ThefsaHa, Africa, Hispani a: omnibus affuit bis pugnis Dolabeiia ; inHispa- juensi etiam vulnus accepit: si de meo judicio quaeris, noliem ; sed tamen consilium a primo reprebendendum, laudanda con- stantia. Tu vero qui es? Cn. Pompeii liberi primum patriam repetebant ; esto : fuer.it partium haec causa communis : repete- bant deos patrios, aras,focos, larem suum familiarem, in quae tu in^aseras : haec cum repeterent armis ii, quorum erant legibus (etsi in rebus iniquifsimis quid potest efse scqui ;) tamen erat sequis- sunum, contra Cn. Pompeii liberos Cn. Pompeii pugnare secto- rehi. An tu Narbone mensas ^ospitum convomeres,, Dolabeiia pro te in Hispania dimicaret? Qui vero Narbone reditus ? et tamen quaerebat, cur ego ex ipso cursu tam subito revertifsem. iosuinuper, P. C. causam reditfts mei ; volui, si pofsem, tm ante kalendas Januarias prodefse reipublicae : nam quod qusbrebas quomodo rediisem ? primum luce, non tenebris ; tieinde cum calceis et toga, ( 63 ) nullis nee gallicis nee lacerna, (62) Tam bonus gladiator tudem tam cito accepisti ?] When the gladiators elided their combats, the victors had several marks of favour conferred *upon tnem. The most common rewards were the pilgus and there's: former was given only to such gladiators as were slaves, for a token of their obtaining freedom. The rudis, which was a kind of rod or wand, nas to have been bestowed both enslaves and freemen; but with this cliliereh.ee, that it procured for the former no more than a discharge from 3ny farther performance in public ; upon which they commonly~turned laiiisite, spending their time in training up, young fencers But the rudis, when given to such persons as beingfree, had hired themselves out tor these shows, restored them to a full enjoyment of their liberty. Both these sorts of rudiarii, being excused from farther service, hung up their arms in the pie of Hercnies, the patron of their profefsion, and were never called out again without their consent. Horace has given us a full account of tiiis custom in his first epistle to Maecenas: Prima dicle mihi, simima dicende Cavucva, Sfjtcfatimi .'■rd is ei et donation jam rude, quteris, LLeceuas,,iterum antiqvo me inciudere ludo. m eadem est tetas, noti mens, Fejauius, armis Herculis CICERO S OR.ATI- ,- - T clothes, and those few tered together; some of h mented there was any thin heirs of L. Rubriu sale. The knave was n he knew not. At thai man to Caesar's hi him ; of \ senate, complained. ( of your poverty, allowed y< meht. You did nut even then a gladiator, did you receive your di Sect. XXX. Need any one then be afraid is so very timorous in the | own fortune? At last, h to Spain ho \ it was with danger that he went. 1 ! trive to go? You either ought not to h.. Antony, or, having espoused it, ou the last. Thrice did Caesar fight witl saly, Africa, and Spain. In all these bal sent ; and in Spain he even received a wound. 1 sentiments, I approve not of his conduct ; but yet on which he acts are only to be con serves commendation. But who are your Pom; first demanded to be restored to their country. V this we grant was a cause common to you with othe likewise demanded the restitution of their their property, and family estate, which you had these things were demanded by force of arms, a right to them by law, (though in such rioli n< pr there can be no justice;) yet still it was intruder upon Pompey's estate to light a "Was not you vomiting amidst your riotous feast- while Dolabella was fighting for you ii you return from Narbonne? Yet Anton I so suddenly from my tour. I have lately explained t< conscript fathers, the reason of my return ; I was willing to have done some service to my country, if pofsible, befi January. But as to the question, how I return in the first place, by day, and not by night; in the ne With a gown and shoes, without either p Herculis ad postern fix i $ , tus og ro : Ne populum cxtrcma totit (63) Nullis necgallicis nee lacerna.'] The cording to 1 was a kind of shoe which the so] re in the camp ; * 62S M. T. CICERONIS ORATIG.NES. At etiarn adspicis me, et quidem, ut videris, iratus: nx tu jan* Kiecum in gratiam redeas, si scias, quam me pudeat nequitia; tuac cujus te ipsum non pudet. Ex omnibus omnium iiagitiis nullum turpius vidi, nullum audivi; qui magister equitum fuife tibi viderere, in proximum annum consulatum peteres, vel po- ,iius rogares, per 'm-unicipia., coloniasque Gallia?, a, qua nos turn, cum consulatus petebatur, non rogabatur, petere consulatum solebamus, cum gallicis et lacerna coneurristL XX^XL At vklete levitate m houiinis. Cum bora diei decima, fere ( 64 ) ad Saxa Rubro venifset, delituit in quadam cauponula, 'atque ibi se oceultans, perpotavit ad v.esperum : inde cisio ce- leiiter ad urbem advectus, domumyenit capite involujto. Janitor, quis tu ? A Marco tabellarius. Confestim ad earn, cujus causa ^enerai, deducitur, eique epistolam tradit: quam cum ilia lege- ret flens (erat cnim arnatorie scripta,: caput autem literarum, sibi cum ilia vnima posthac nihil futurum; cmnem se amorem abjecifse illin.e, atque in hanc transfudiise :) cum mulier fleret uberius, homo misericors ferre non potuit; caput aperuit; in coilum in vat it. O hominem nequam ! (quid enim aliud dicam ? raagis proprie nihil p.ofsum dicere:) ergo ut te £atarnitum, nee opinato cum ostendifses, prseter spem mulier aspiceret, ( 6s ) id- circo urbem terrore noeturno, Ltaliam muliorum dierummetu per- turbasti r et domi quidem causam amoris habuisti, foris etiam tur- piorea^ ( 66 ) ne L. Plancus praedes tuos venderet; productus autem in con.cionem a tribune plebis, cum respondifses, ( 67 ) te rei tua? causa. 'verufse, populum in te di.cacem etiam reddidisti. XXXII. Sed nimis multa de nugis; ad majora veniamus. Ca^sari ex Hispania redeunti obviam longifsime procefsisti: cele- riter isti,et redisti, ut cognosceret, te, si minus fortem, attamen strenttum : factus es ei rursus nescio quomodofamiliaris : habebat hoc omnio Caesar; quern plane perditum aa-ealieno egentemque, si eundum nequam hominem audacemque cognoverat, hunc in familinritatem libentifsime recipiebat. His igitur rebus praeclare which was a kind of short frock, was iirst used in the camp, though after- wards admitted into the city, and worn upon tLeir gowns, to defend them from the weather Cicero is very severe upon Antony, not for travelling in this military drefs, hut for entering the city, and appearing as a candidate for the consulship, in it. (64-) Ad Saxa Rubra icmfsct.~] This was a small village, situated between Home and Veil, in the Cafsjan way. See Lf-y, B. 2. c. 49. (65) Idcirco urbem terrore uocturno."] During Caesar's stay in Spain, An* tony set forward from Italy, to pay his compliments to him there, or to meet him at least on the road in his return towards home; but when he had made about half of the journey, he met with some despatches, which obliged him to turnback in all haste to Rome. This raised a new alarm 3U the city, and especially among the Pompeians, who were afraid that C^sar, having new subdued all opposition, was resolved, after the manner of the former~conquerors, to take his revenge in cold blood on all his ad- versaries; and had sent Antony back, as the properest instrument tq execute some orders of that sort. Cicero's oratk r .'^ cloak. But you look upon me with an an you would be glad to be friends with m< much ashamed I am of your infamous b yourself are not in the l&ist i actions among men, never did 1 see, nevi that surpalsed this; that you-, who ! master of the horse, who I demanding the consulship, should pott thr< pal towns and colonies ot Gaul, in which w the consulship, while it was solicited, pattens and a short cloak. Sect. XXXI. But observe the levity - come to the Red Bocks about the tenth i slunk into atippling-sbop, and, concealing nun- hard till night : then driving to the city in his c he could, he came to his own house all muffled you ? says the porter : a letter-earner from i other Upon this he is immediately intro whose account he came, and gives her a letter, with tears, for it was indeed very tenderly written, stance of it was, that he would have nothing mo actrefs ; that he had laid aside all affection tor her, an I ferred it to his dear Fulvia. She continued sheddm plentifully : the tender-hearted man could no h he unmuffled his head, and flew to her arms. Infamous n for what else can I call you? a more proper epithet 1 find out Was it then that a woman might unexpeel your suddenly discovering yourself, see a catamite, thai j felled the city Wh nocturnal alarms, and all for many days? At your own house, indeed, you might that love was the cause of your comio a "toe scandalous reason and it was tl distrefs your sureties. But, upon being brought into afsembly bv the tribune of the people, when v ^u were come on account of your private atfairs, you the jest even of the populace. Sect XXXII. But wc have dwelt too long upon . ti us now proceed to things of greater importance. \ he was returning from Spam, vou was the most for m^meedng him j you went.and returned ^him see, ha if you was not brave,. yc gsome^ans or other, you got ag "ZZZ~f Phnrus 1 This L Plancus was brother to Mai mirth of the populace. 630 M. T. CICERONIS 0RATI0NES, coiii mend at as, jufsus es renuntiari consul, et quidem cum ipso J nihil qneror de Doiabella, qui turn -est impulsus, inductus, clu- sus. Qua in re quanta fuerit utrique vestrfim perftdia in Dola- bellam, quis ignorat? ille induxit, ut peteret: promifsum et receptum intervertit, ad sequc transtulit: tu ejus perfidies vo- luntatem ttiam adscripsisti. Veniunt kalenda>. Januariae: co- gimur in senatum : ( 6S ) invectus est copiosius multo in istum et paratius Doiabella, quam nunc ego. Hie autem iratus qua? dixit, dii boni? cum primum Csesar osiendifset, se, prius quam praricisceretur, Dolabeliam consulem efse jufsurum; quern ne- gant regem, qui et faceret semper ejusmodi aliquid, et dieeret : sea enm -Ctesar ita dixifeet, turn hie bonus augur eb se sacerdo- tio praiditum esse dixit, ut comitia auspiciis vel impedire, vel vitiare "poise t; idque se facturum efse afseveravit. In quo pri- mum iricredibilcm stupiditatem bominis cognoscite. Quid enim ? istimc, quod te sacerdotii jure facere pofse dixisti, si augur non elses, et consul efses, minus facere potuifses ? vide ne etiam fa- cilius: ( r °) nos enim nuntiationem solum habemus ; consules et reliqui magistratus etiam spectionem. Esto : boc imperite/nec enim ab bomine nunquam sobrio postulanda prudentia : sed vi- ciete impudentiam : multis antemensibus in senatu dixit, se Do-. labellae comitia aut prohibiturum auspiciis, aut id facturum efse, quod fecit: quisquamne divinare potest, quid vitii in auspiciis futurum sit, ( 7 °) nisi de cceio servare constituit ? quod neque li- (68) Invcctiis est copiosius multo in istum et paratius Doiabella, quam nunc ego-'] Cassar had promised the consulship to Doiabella; but, contrary to expectation, took it to himself. This was contrived by Antony, who jea- lous of" Doiabella as a rival in Caesar's favour, was constantly suggesting somewhat to his disadvantage, and labouring to create a diffidence of him m C*&ar. Doiabella was sensibly touched with the affront, and came full of indignation to the senate, where, not daring to vent his spleen on Csesar, he entertained the afsembly with a severe speech against Antony, which drew on many warm and angry words between them; till Caesar, to end the dispute, promised to resign the consulship to Doiabella, before -he Went to the Parthian war: but Antony protested, that, by his authority as augur, be would disturb that election whenever it should be attempted" (69) Nqs enim nuntiationem solum habemus; consider et reliqui magis- trates etiam spectionem.'] For the illustration of this pafsage, we shall insert Ferratius's note upon it, ' Ex numse regis instituto,' says he, 'jusnuntiandi ' angures otinebant, ut si quid vitii advertifsent, comitia prohibere, neiie- ' rent, et jam facta Unbare nuntiando pofsent; idemque legibus 12 ta- ' bularum cautum est : Quceque -augur injusta, nefasta, titiosa, dirave dixerit; * irrita, injectaque simto. Cuilibet igitur magistratui auspicanti, antequam « cum populo ageret, aderat augur, eique in auspicio efse dicebatur ; quo * auctore, secundumne, an adversum elset augurium, intelligebat magistra- ' Uis lire, qui comitia populi edixerat. Auguribus autem aiiquid nuntian- *" tibus parebatur, etiam si nihil vidifsent, et falsa ntiritiarent. Magistrati- < bus data erat per leges facultas servandi de ccelo, et cbauntiandi, cau- * tumque ne liceret agere cum populo, quo die de cce!o setvatum elset. ' Quamobrem poterant impedire ne haberentur comitia aut ageretur cum * populo, et facere dies nefastos, obnuntiando se us de ccelo efse ! seryaturos. Itaque augures polcrant impedire ne u berentur comitia, et 'jam habita vitiare ; quia et ante, et post habita comitia ccntingebat, ut CICERO S ORATJ' But this was Caesar's true characl gent circumstances, and the same time an i received him - then to recommend even along with him who was then encouraged to stand i deluded. How pt i Dolabellain that affair, i him to sue foi it; b what nate-house : Dolabella im copiously and severely against this fellow, than 1 do But when he grew angry, good when Gesar first of all declared, give orders that Dolabella should be i man to have been a king, though h in this manner: but whenCcusar said so, this worthy augui us, t iat being invested with the auspices, of stopping or rendering void the elections dec! a*ed solemnly that he would exert this po here, in the first place, the wonderful stupiditj For how! had you not been augur, and vet b you have been lefs able to do that which you powered to do by your sacerdotal authority done it more easily. For we have only the I the consuls, and even the other magistrate spection. Well, let this be considered only consideration cannot be expected from one who k) ; but observe his impudence. Jle declared in I months before, that he would eil Delia's election by the auspices, or do that which In- done. Can any man foresee what defect I auspices, unlef's he has determined to this is not allowed by our laws, while the c< ( viderent-aliquid, aut audirent. Non tamen ante tp * scire poterant, quid aut visuri efsent, aut audituri. ' nimtiationim . Magislratus habebant spt * coelo, et impediendi ne populus ad comitia ' tonius augures erant; hinc est quod illed'u (70) 'Nisi qui da coelo server c const it nit ?] W h Hon of his office, was to observe the heavi place; took the- augural staff (which was a in his hand, and marked out the four qu Then he turned to the right, and north to his left; and this is u ! coslg. In this situation he waited for a sign,, by thunder, or the wind. 632 M. t. CICER.ONTS ORATIONES. cet comitiis per leges; et, si cmis servavit, non habitis comltiis, • seel onus quam habeantur, debet nu'ittiare : verum implicate in- ecitia impudentia est, si nee scit quod augurem, nee facit.quod pudentem decct." Atqtte ex ilio die recordamirii ejus usque ad idus Manias consttlatum '': quis uiiquam apparitor tam hum'ilis, tam abjectus? nihil ipse poterat: omnia ro'gabat: caput in aver-' sam lecticam inserens, beneftcia^qiiae venderet,' a collega petebat. XXXIII. Ecce Dolabellce comitir/ru'iri dies: ( 7 'j sortitio pree- pogatme ; quiescit: renuntiatur; tacet : prima ciafsis vocatur ; renuntiatur : dcindej utadsolet, sitffragatu'm secunda clafsis voca- tur : quae omnia citius sunt facta;' quam" dixi. Confecto negotio, bonus augur (Laelram diceres) ALIO DIE, iriquit. O mipu- dentiam singuiarem ( quid videras'? quid senseras? quid audie- ras? nee enim te de coslo servafse dixisti, n'equ'e hodiedicis: id igitur obvenit vitium, quod tu jam kalendis Januar. futumm efse praevideras, et tanto ante praxlixerasi Ergo, hercide, magna; ut spero^ tua. potius, quam reipablicre calaniitate, ementitus es auspieia: obstrinxisti popukim Romanum religione : augur ad- guri, consul consuli obnuntiavisti. Nolo plura, lie acta D'ola- bellae videar convellere, quae necefse est aliquando ad nostrum collegium deferantur. Sed arrogantiam hominis insolentiamque cognoscite : quamdiu tu voles, vitiosus consul Dolabella : rur- sus cum voles, salvis auspieiis creatus : si nihil est, cum augur iis verbis nuntiat, quibus tu nuntiasti ; confitere te, cum, ALIO DIE, dixeris, sobrium non fuilse : sin est aliqua vis in istis ver- bis, ea quae sit, augur a collega requiro. Sed ne forte, ex mul- tis rebus gestis M.- Antonii, rem unani pulclierrimam transiliat oratio, (7 A ) ad Lupercalia veniamus. XXXIV. Non difsimulat, P. C. apparet efse ; comir.otum ; sii- dat, 'pallet: quidlibet, modo ne nauseat, faciet, quod in porticu (71) Sortilio prerogative .]' By tne institution of. the comitia tenturiaia; (See Or. pro Murena, note 1st.) Servlus XulKtts secretly conveyed the whole power from the commons : for the centuries of the first and richest clafs being called out tirst, who were three more in 'number than all the r^st put together, if they all agreed, as generally they did, the businefs was already decided, and the other clafses were needlefs and insigniiicant. The commons, in the time of the free slate, to rectify this disadvantage, obtained, that before they proceeded to voting any matter at this comitia, that century should give their suffrages first, upon whom it fell by lot, with the name or omturia prerogative*. The other centuries had the appella- tion of jure vacate, because they were called out according to their proper places. (72) Ad Lupercalia is justly slain who rejected it ? lie even prdej it to be entered in the public acts, at the time of the Lupercalia, that M. Antony, the consul, by command of the pi kingly power to C. Casdr, perpetual dictator; but that Ca fused it. Now, indeed, I am not in the least surprised that you disturb the public tranquillity ; that you not only hate the city, but the light of the sun; and that you live with the most abandoned rufftVujs, not only voluptuously, but without any manner of reflection. P'or where can you set your foot iu time of peace? what refuge can you have in laws and stati which you have done your utmost to abolish, by introdui gal authority? Was L. Tarquinius then banished; \ sius, Sp. Melius, M. Manlius put to death for this; that so ma ao-es after, contrary to all law, a king should be set up at Rouie by M. Antony ? But let us return to the auspices. Ss 2 636 M. T. CICERONIS ORATIONES, XXXV. ( 7 *) De quibus rebus idibus Martiis fuit in senatu Caesar acturus, quaero turn tu quid egifses. Audiebam quidem te paratum veniise, quod nke de ementitis auspiciis, quibus ta- men parere neeefse erat,. putares else dicturum. Sustulit ilium diem fortuna populi Romani : num etiam tuum de auspiciis, ju- dicium interitus Caesaris sustulit? Sed incidi in id tempus, quod iis rebus, in quas ingrefsa erat oratio, prsevertendum est. Quse ., tua fuga 1 quae formido prseclaro illo die ! quae propter conscien- tiam scelerum desperatio vitge,cum ex ilia fuga, beneficio eorum, qui te, si sanus efses, salvum efse voluerunt, clam te domum re- ccpisti ! O mea frustra semper verifsima auguria rcrum futura- rum I dicebam illis in eapitolio liberatoribus nostris, cum me ad te ire velleut, ut ad defendendam rempublicam te adhortarer ; quoad metueres, omnia te promifsurum^ ^fmul ac timere desi- iises, similem te futurum tui. Itaque (? 7 ) cum cseteri consulares irent, redirent, in sententia mansi: neque te illo die,, neque postero vidi: neque ullam societatem optimis eivibus cum im- portunifsimo hoste fcedere ullo eonfirmari pofse credidi. Post diem tertium veni in aedem Telluris, et quidem invitus, cum omnes aditus armati obsiderent; qui tibi ille dies, Antoni, fuit! quanquam mihi subito inimicus exstitisti, tamen me tui miseret,. quod tibi invideris. XXXVI. Qui tu vir, dii immortales! et quantus fuifses, si il- lius diei mentem servare potuifses ! pacem haberemus, quae erat facta per obsidem puerum nobilem [M. Antonii nlium] M. Bam- balionis nepotem : quanquam te bonum timor faciebat, non diu- "turni magister officii ; improbum fecit ea, quae dum timor abest, a. te non discedit, audacia: etsi turn, cum optimum te puta- (76) De quibus rebus idibus Martiis fuit in senatu Ccesar acturus.'] When Caesar had prepared every thing for his expedition against the Parthians, before his departure he resolved to have the regal title conferred upon him by the senate, who were too sensible of his power, and obsequious to his will, to deny him an> thing; and to make it the more palatable at the same time to the people, he caused a report to be industriously propagated through the city, of ancient prophecies found in the Sibylline books,, that the Parthians could not be conquered but by a king; on the strength of which, Cotta, one of the guardians of these books, was to move the senate to decree the title of king to him. As this was to be part of the senate's o businefson the occasion here mentioned, Cicero is supposed to ask Antony ' what he- would have done in the affair ; but, as Appian tells us, that Caesar intended to propose the validity of Dolaoella's election to the senate's con- sideration, it is more probable that Cicero refers to his. (77) Cum aeteri consulares irent, redirent. ,] Mr. Guthrie, in a note on this pafsage, observes, that the commentators have made very botching a or k of it. Irens, redirent, according to him, signifies no more than that the other consulars altered their way of thinking oj Antony, sometimes to one tray , some- times to another ; and by ego in sententia mansi is meant, he says, that Cicero still kept in the same way of thinking. The attentive reader may easily perceive that this is making very botching work of the pafsage, the sense of which is extremely obvious. Brutus, deceived by Antony's artful conduct. CICERo's ORATIONS. 631 Sect. XXXV. Let me ask you how you would have behaved an the businefs which Osar was to have transacted in the sen on the ides of March. I was told indeed that you came pi pared, because you thought I would speak about the ncUtlO auspices, which yet there was a necefsity of obeying. 1 fortune of the people of Rome prevented the transact that day 3 but did the death of Caesar destroy the ju pafsed concerning the auspices? But I have touched upon juncture which I must speak concerning, before I go on with what I had begun to treat of. How you tied, how you trem led on that day ! how the consciousnels of your guilt made ) despair of life, while out of the general rout you conveyed your- self privately to your own house, by the favour of those who meant that you should be safe, could you have had discernment enough to perceive it! O my vainly unerrmg foresightot turn events! I told those brave deliverers of ours in the capitol, when they desired me to go and exhort you to the detenus of the state, that while you was afraid, you would promise every thing ; but as soon as your apprehensions were over, that you wouki act like yourself. Therefore, while the other consular wen; backward and forward, I remained fixed in my P«*P°ff> * neither saw you on that, nor the following day ; nor did I think it pofsible that an union could be established by any ties what- soever, betwixt the best of citizens and the most inveterate enemy of the state. Three days after I came to the temple ot Tellus, and indeed unwilling y , as all the avenues o it were blocked up by armed men. What a day, Mark Antonj , was that for you! though you suddenly became mv enemy, yet t pity you, because you are an enemy to yourselL Sect. XXXVI. Immortal gods! how good, how great a man you might have heen, could you have preserved a due J*men> Lance of that day! We might have had a peace that ™m*j> by a noble youth, the son of M. Antony and grandson «* M Bambalio. Though fear made you good tor aw lie, vc^c SstS was soon removed ; that audaciousne^ which never , serts you when fear is absent, rendered you a villain. And € SSe 5 when men thought hest of you, thongnlstiUdni, ^mediately after M ^^i^^T^lJ^ ^ posed .ending a dem itatioa to hii , toexbo in . and could bicero remonstrated HPj*^** KZuUtUMlj to that uh.le ll» not be prevailed upon to bear • ^ r ^in U rf?a£d back*ardi as mediator. manifest violence to it. ^3 638 M. T. CICERONIS ORATIOtfES, bant, me quidem difsentiente, ( 78 ) funeri tyranni, si illud funus ftiit, sceleratifsime pratuisti: tua ilia pulchra laudatio, tua miseratio, tua cohortatio : tu, tu, inquam, illas faces incendisti, et eas ? quibus semiustulatus ille est, et eas ( 7 9) quibus incensa L. . Bellieni domus deflagravit ; tu illos impetus perditorum ho- mium, et ex maxima parte servorum, quos rios vi manuque re- pulimus, in nostras domus immisisti. Idem tamen, quasi fuligine abstersa, reliquis diebus in capitolio prajclara senatusconsulta fecisti, ne qua post idus Martias immunitatis tabula, neve cujus beneficii figeretur. Meministi ipse de exsulibus; scis de im- munitate quid dixeris: optimum vero, quod dictaturae nomen in perpetuum de republica gustulisti; quo quidem facto tantum te- jeepifse odium regni videbatur, ut ejus omnem, propter proxi- mum dictatorem ? tolleres metum ; constituta respublica videba- tur aliis, mihWero nujlo modo, qui omnia, te gubernante, nau- fragia nietuebarn. Num me igitiir fefellit ? aut num diutius sui potuit efse difsimilis? inspectantibus vobis, toto capitolio tabu- lae figebantur : neque solum singulis vemebant immunitates, sed etiam populis universis ; civitas non jam sigillatim, sed provin- ces totis dabatur. itaque si base manent, quae stante republica manere non p.oisunt, provincias universas, P. C. perdidistis : neque vectigalia solum, sed etiam imperium populi Romanihu- jus domesticis nundinis diminutum est. XXXVII. Ubi est septies millies sestertium, quod in tabulis, quae sunt ad Opis, patebat? Funestae illius quidem pecuniae; sed tamen ? si iis, quorum erant, non redderentur, quae nos a tributis potent yindicare. Tu autem H. S. quadringenties, quod - idibus ' 'Marti is debuisti, quonam modo ante kalendas Apriles debere desiisti ? [Quid ego de commentariis infmitis, quid de innumerabilibus chirographis loquar ?] Sunt ea quidem iimumerabiiia, quae a diversis emebantur non insciente te: sed umim egregium ( so ) de rege Dejotaro, pppulo Romano ami- cifsimo, decretum in capitolio fixum : quo propositi), nemo crat, qui in ipso doliire risum pofset continere. Qiuis enim cuiquam ininjiciqr, quam Dejotaro Caesar? aeque atque huic ordini, ut eqtiestri. ut Mafsiiiensibus ? ut omnibus, quibus rempublicam XT8) Funeri tyranni scehratifsime prccfuisti»~] Antony procured a decree of the ,eu:Ue tor allowing a public funeral to Caesar, as being the best op- portunity of inflaming the soldiers and the populace, and raising some commotions to the disadvantage of the republican cause ; in which he suc- ceeded so well, that Brutus and Cafsius had no small difficulty to defend their lives and houses from the violence of his mob. (79) Quibus hicensa Z. Bellieni don\us dejlagravit.'} The populace, excited by the spectacle of Cesar's body, and the eloquence of Antony, who made the funeral oration, committed numberlefs acts of violence; and, amongst others, set fire to the house of this Bellienus, who was a senator. (80) Pe rege Dejotaro, populo Romano amicifsi?no.~] Dejotarus was king of Galatia, and a 'faithful ally of Rome. For his adh.eren.ee to Pompey, he, was deprived of part of his dominions by Caesar, at whose death his agents at Rome bargained with Antony for the sum of eighty thousand pounds tc cicero's orati'> ■torn them, you wickedly presided al th« S^Mght be Called. 'Vou, Sf that pity, your, that exhorta KdAose«ands with which h iiTSu.se Ty which the house of L. and burnt down. You it was who I. ofv t hrabandohedvulains,forthe, ^SorSfeve.fl^thesutevh^l to have conceived such an aversio. to have conce.vca ». iw» » diffe 5ei t were mV sentiments ; for, while you w. Traded an universal wreck. Was 1 then misl I^eaaeUanum ^ he any bngei be pMtfe mms there, which,, u ^£*W£ only our reven c * XXXVII What is become of the 5,000, indeed were his treasure*, but J ct tl.cj to those to whom ^ *^^K>o ns from our taxes. W^„ ,,. March owed above th rtv *™ftW& i ', > ,;„•„„ , •before the first ol Attril. *$ i, im , m( ,,,!, lt irkl( number ot writings and "^ff™ lcdTO) W1 ... favours, which, not ™Jcmt J° m ^ » : • cQn ^. & f^\r^t^o"C Human Dqotanw, the tatUW" to up in the capitol ; at the signt o son who c^.«*«2iSS?SS e "- concern. *™J™£-*^ wh om be bate. .rthtXra^rdtheUemm 640 M. T. CICERONIS ORATIONES. populi Romani caram efse sentiebat, Igitur a quo vivo, nee praesens, nee absens, rex Dejotarus quidquam aequi boni impe- travit, apud mortuum factus est gratus, fcompeltarat hospitem praesens, computarat, pecuniam imperarat, in ejus tetrarohiarn unumexGraecis comitibus suis collocaret; Armeniam. absfculerat a senatu datam ; haec vivus eripuit, reddidit mortuus ; at quibus verbis? modo sequum sibi videri, rnodo non iniquum: mira ver* borum complexio; at ille nunquam (semper enim absenti affui J)ejotaro) quidquam sibi, quod nos pro illo postularemus,aequum dixit videri. Syngrapha H, S. centies per legatos virps bonos, sed timjdos et imperitos, sine nostra, sine reliquorum hospitum regis sentential, facta in gynaeceo; quo in loco plurimae res ve- nterunt et veneunt; qua ex syngrapha quid sis acturus meditere penseo. Rex enim ipse sua sponte, nullis commentariis Caesaris, simul atque audivit ejus interitum, suo Marte res suas recuperar vit; sciebat homo sapiens, jus semper hoc fuifse, ut, quae tyr ranni eripuifsent, ea, tyrannis interfectis, ii, quibus erepta efsent, recuperarent. Nemo igitur jureconsultus, ne iste quidem, qui tibi uni est jureconsultus, per quern h&c agis, ex ista syngrapha deberi elicit pro, iis rebus, quae erant ante syngrapham recupe- ratae ; non enjm a te emit ; sed prius, quam tu suum sibi ven- tures, ipse pofeedit. Ille vir fuit: nos quidem contemnendi, qui auctorern odimus, acta defendimus. •■ XXXVIII, Quid ergo de commentariis infinitis, quid de in- numerabilibus chjrographis loquar? quorum etiam imitatpres sunt, qui ea, tanquam gjadiatorum libellos, palam venditent. Itaque tanti * acervi nummorum apud istum construunter, ut jam appendantur, non numerentur, pecuniae. At quam caeca avaritia est ! nuper fixa tabula est, qua civitates locupletifsimae Cretensium vectigalibus liberantur : statuiturque, ne post M. Brur turn proconsulem sit Creta proyincia. Tu mentis es com-r pos? tu non constringendus ? an Caesaris dpcreto Creta post M. Bruti decefsum potuit liberari, cum Creta nihil ad Rrutum, Caesare vivo, pcrtineret ? At hujus venditione decreti, de nihil actum putetis, provinciam Cretam perdidistis. Omninp neinp cicero's orations. Marseilles, and all who had the interest of their country at bi King Dejotarus then became the favourite of a man when di from whom, when alive, he could never obtain the least favour or justice, either present or absent. While ( prosecuted Dejotarus who entertained him at his couri him, extorted money from him, placed one of I k at- tendants over his dominions, and took away Armenia fi which had been given him by the senate: all this, wh\\i earth he deprived him of, after his death lie restored. .Hut words did he make use of to justify sueh a proceeding J I while he says, that it seems reasonable to him; another, unreasonable. A strange way of talking! but Cesar n that any thing seemed reasonable to him which we a*k< jotarus, for whose interest I always appeared in his absence. A promilsory note for above 78,000/. without my knowledge, or that of any of the king's friends, was, by his ambafsador*, good men indeed, but unexperienced, drawn up in Fulvia's apartment, where many other things have been, and still are, prostituted u> sale. J think you should consider well, what you are to do witli this note. For the king, of himself, without having recourse to airy of Caesar's papers, as soon as he heard of ins death, re- covered what belonged to him by his own bravery. As he was a wise prince, he knew well that what tyrants took away, the injured party, upon the death of the tyrant, had a right to re- cover, No lawyer, then, not even that fellow, who is employed as a lawyer by none but you, and who advised you to this step, pretends that his note gives you a title to what was recovered before it was granted : for he did not buy it of you ; but was in pofsefsion of it, before you sold him what was his own. He acted like a man ; we, like despicable poltroons : for we detest the tyrant, and yet defend his acts. Sect. XXXVIII. Why then should I mention the numberlefs ^memorandums and notes of hand, which several persons even make it their businefs to counterfeit, and sell as pubhclv as if they were glad iatprs bills? Hence it is, that such prodigious heaps of money are now piled up at his house, that it is weighed out, not told. But how blind is. avarice! A bill is lately stuck up, by which the richest cities of Crete are exempted from jtaxes; and it is decreed, that after the proconsulate of M. Bru- tus, Crete shall be no longer a province. Are you in your senses? ought you not to be bound ? Can Crete, bv ai of Caesar's, be macje free, after the proconsulate of Brutus, JSrutus had nothing to do with Crete while Ca-sar \v But, lest you should think there js nothing in this, you I by the traffic of such a decree, actually lost the |> Crete. In a word, never was any thing bought, that Antony is i €42 M. T. CICERONIS ORATIONES. sillius rei fuit emptor, cui defuerit hie venditor. Et de exsuli- bus legem, quam fixisti, Caesar tulit ? nullius insector calamita- tem : tantum queror, primum eorum reditus inquinatos, quo- rum causam diisimilem Caesar judicaverit: deinde nescio, cur reliquis idem non tribuas : neque enim plus quam tres aut qua- tuor reliqui sunt : qui simili in calamitate sunt, cur tua, miseri- cordia simili non fruuntur ? cur eos habes in loco patrui ? de ■quo ferre, cum de reliquis ferres, noluisti; quern etiam ad cen- suram petendam impulisti, eamque petitionem comparasti, quae et risus horn mum, et querelas moveret. Cur autem ea comitia non habuisti? ( Sl ) an quia tribunus plebis sinistrum fulmen nun- ciabat? cum tua quid interest, nulla auspicia sunt; cum tuo- rum, turn sis religiosus? Quid! eundem ( 82 ) in septemviratu nonne destituisti? intervenit enim: quid metuisti ? credo, ne salvo capite negare non poises: omnibus eum contumeliis one- Fasti, quern patris loco, si uliain te pietas efset, colere debebas; Sliaaat ejus, sororem tuam ejecisti, alia conditione quaesita, et ante perspecta : non est satis; probil insimulasti pudicifsimam femmam ; quid est, quod addi pofsit? contentus eo non fuisti; frequentifsimo senatu kalendis Jan. sedente patruo, hanc tibi efse cum Dolabella odii causam ausus es dicere, ( 83 ) quod ab eo £orori et uxori tuae stuprumoblatum efse comperifses. Quis in- terpretari potest, impudentior-ne, qui in senata; an improbrior, qui'in Dolabellam. ; an impurior, qui patre audiente; an cru- delior, qui in illam miseram tarn spurce tam impie dixeris ? XXIX. Sed ad chirographa redeamus : quae fuit tua cognitio ? acta enim Caesaris pacis causa confirmata sunt a senatu : quae quidem Caesar egifset, non ea quae Caesarem egifse dixifset An- toiiius. Unde istaerumpunt? quo auctore proferuntur ? si sunt falsa, cur probantur? si vera, bur veneunt? At sic placuerat ut ex kalendis Juniis de Caisaris actis cum consilio cognosceretis.' Quod fuit consilium ? quern unquam advocasti? quas kalendas Junias exspectasti r an eas, ad quas te, peragratis veteranorum •coloniis, stipatum armis retulisti? O praeclaram illam percur- (S I) Anquia iribunus plebis sinistrum fulmen nuntiabat f] When thunder was heard to the left, it was looked upon as a happy presage, upon every other occasion but that of holding the comitia, when it was deemed an un- happy one. (S2) In sepiemviratu nenne destituisti .?] Seven commifsioners, called the ■septemviriy wer^ appointed for taking care of the feasts appointed in honour or the gods. It is probable, however, that Cicero here means one of the seven commifsioners appointed after C&sar's death tor dividing the Cam- panian and Leon tine lands. (83) Quod ab eo sorori et uxori tuce stuprum oblatum efse comperifses.'] Antony's declaring that the ground of his quarrel with Dolabella, was his having caught him in an attempt to debauch his wife Antonia, the daugh- ter of his uncle, was probably without any foundation, and contrived only to colour his divorce with her, and his late marriage with Fulvia, the wi- dow of Clodius. CICERO S ORATIONS. |not ready to sell. Did Ciesur too pafs the law con which you stuck up? I insult no man upon only complain, in the first place, that t thought to be different, have tooting as to their return from banishment : in th I cannot perceive why you should not extend this tor there are not above three or tour exc those who are involved in the same calamity, b objects of your companion ? why do von tn your uncle, whom you would not pardon, v, the rest; whom you urged however to stand I and drew up a petition lor that purpose, wlu< laughter and indignation of mankind } Bui hold that.comitia? was it because a tribune of dared that it thundered to the left? V. is concerned, the auspices are considered as nothing; when that of your friends, then you are strictly What ! did you not desert him, when he put up for hem. mvir ? But he asked for his money ; what was you afraid oi could not refuse to pay him, I suppose, if he was oner You loaded a man with all manner of reproaches, whom you ought to have revered like a father, had you had the le of, filial piety. Hi's daughter, your own cousin, you turned away, having first looked out and bargained for another m Yet this was not enough : you defamed a woman of tin honour. Could any thing be added to tins ? yes, j farther still. You had the afsurance to say, on the I nuary, in a full senate, where your uncle was present, that the sground of your enmity to Dolabella was your having found out that he attempted to debauch your cousin and u determine which was the greatest on this occasion, pudence in the senate, your villany against Dolabella, your in- delicacy before your father, or your cruelty in us and unbecoming language against an unfortunate lady r Sect. XXXIX. But let us return to the notes of hand. How came you to take these tilings under your cognizance? for Caesar's acts were confirmed by the senate, for t i peace; at least what Caesar enacted ; not what Antony says he enacted. Whence are they ifsued ? by whose autl they produced? If fictitious, why are they approv. genuine, why are they exposed to sale ? But it w- | upon, that, from the first of June, the consuls should, ui sistants, take cognizance of Caesar's acts. Who sistants? whom did you ever summon ? what kalends of June did you wait for ? Those, when, having made a tour th: all the colonies of the veterans, you returned to Rom tended by armed men ? What a glorious tour that was of yours, 644 M. T. CICERONIS ORATIONES. fcationem tuam mense Aprili at que Maio, turn, ( 84 ) cum etiam Capuam deducere coloniam conatus es! quemadmodum illinc abieris, vel potius pene non abieris, vel potius pene non abieris, scimus : cui tu urbi minitaris ; utinam conere, ut aliquando illud PENE tollatur. At quam nobilis est tua ilia peregrinatio ? quid yrandiorum apparatus, quid furiosam vinolentiam tuam pro- ieram? tua ista detrimenta sunt, ilia nostra. Agrum Campa- num, qui cum de vectigalibus eximebatur, ut militibus daretur, tamen infiigi magnum reipublicse vulnus putabamus : hunc tu compraneoribus tuis, et collusoribus dividebas ; mimos dico et mimas, P. €. in agro Campano collocatos. Quid jam querar de agro Leontino ? quandoquidem hae quondam arationes, Cam- pana et Leontina, in populi Romani patrimonio grandi faenore, et fructuosae ferebantur. Medico tria millia jugerum, quasi te sanum fecifset ; rhetori duo, quasi disertum iacere potuifset. Sed ad iter, Italiamque redeamus. XL. Deduxisti coloniam Casilinum, quo Caesar ante dedux- erat. Consuluisti me per literas de Capua tu quidem (sed idem de Casilino respondifsem) pofsesne, ubi colonia efset, ea coloni- am novam jure deducere : negavi in earn coloniam, quae efset auspicato deducta, dum efset incolumis, coloniam novam jure deduci : colonos novos adscribi pofse rescripsi : tu autem, in- solentia, elatus> omni auspiciorum jure turbato, Casilinum cplo- niara deduxisti, quo erat paucis annis ante deducta, ut vexillum tolleres, et aratrum cireumduceres ; cujus quidem vomere por- tam Capube pene perstrinxisti, ut florentis colonise territorium minueretur. Ab hac perturbatione religionum advolas (* s ) in M. Varroiiis, sanctifsimi atque integerrimi viri, fundum Cafsi- natem: quo jure? quo ore? eodem, inquies, quo in haeredum L. Lubrii, quo in baeredum L. Turselii prsedia, quo in reliquas innumerabiles pofsefsiones. Et si ab hasta, valeat hasta, valeant tabulae, modo Caesaris, non tuae : quibus debuisti, non quibus tu te liberuvisti. Varronis quidem Caisinatem fundum quis veniifse dicit ? quis bastam istius venditionis vidit ? quis vocem praeconis audivit ? misifse te dicis Alexandriam, qui emeret a Caesare; ip- (84) Cum etiam Capuam coloniam deducere conatus es.~\ Antony, in order to engage the veteran soldiers to his service, wanted to give them the Ca« puan lands, and to settle a Hew colony there. He went to Capua, in order to divide the lands ; but the inhabitants made a vigorous resistance, and had almost put him to death. (85) In M. Varronis> sanctifsimi ptgue integerrimi viri."] Varro was a senator of the first distinction; both for birth and merit ; Cicero's intimate friend, and esteemed the mo?t learned man of Home. He had served as Pompey's lieutenant in Spain, in the beginning of the war ; but after the defeat of Afranius and Petreius, quitted his arms, and retired to his studies. CICERO S ORATIONS. 6J5 in the months of April and May, when you attempted to settle a colony at Capua ? How you left that place, or rather ho near you were never to have left it, we all know. JToutb that city. I wish you would proceed 10 far as thai i I just now mentioned, may be no looser nm 1 t a noble progrefs that was of yours! Why should] in „r grand entertainments, or your excefsire .Junk in your lofs, the other ours. When the land exempted from taxes, that they might b< the soldiers, we thought a deep wound was given to ti, itu- tion; but you divided them among your fellow-deb. gamesters. Actors and actrefscs," I Ba; now settled in the territories of Campania. Why should I now complain of the Leontine lands? and yet tl ere once a rich inheritance to the Roman people, and brought in a large revenue to the public treasury. Three thousand acres to a physician, as if he could have made you sound ; two thousand to a rhetoric-master, as if lie could pofsibly have made vou elo- quent. But let us return to your journey, and to Italy. Sect. XL. You settled a colony at Casilinum, where C had settled one before. You consulted me indeed by K tt concerning Capua, (I should have returned you the same as to Casilinum,) whether you could lawfully introduce a new colony into a place where a colony had been already settled. I denied that a new colony could lawfully be introduced, whil colony that was settled by proper auspices was unimpaired ; but I wrote you word, that new planters might be added to the former. But you, elated with pride, and disregarding all the laws of auspices, settled a colony at Casilinum, where one I been planted a few years before, that you might raise a stand- ard, and drive round a plough, whose share almost grazed upon the gate of Capua, that you might lel'sen the territory of a flourishing colony. From this violation of what was flew to the Cafsinian estate of M. Varro, a man of the [ honour and integrity. By what right? with what The same, you will say, with which you seized upon t 1 of the heirs of L. Rubrius and L. Turselius ; with which vou thi yourself into a great many other pofsefsions. You bought this estate at a sale, you will say : let the sale be legal, let the b be legal, provided they be Caesar's, not your own ; those In which you was a debtor, not those by which you cleared \ But who can say that Varro s Cafsinia ever saw that sale ? who heard the voice of theaucn Vou say that you sent a person to Alexandria, to buy it ol for it would have been too long, it seems, to v 1 646 M. T. CICERONIS ORATIONES. sum enim exspectare magnum fuit : quis vero auclivit unquam (nuliius autem saius curae plauribus fuit) defortUnisVarronis rem ullam efse detractam ? Quod si etiam scripsit adte Caesar, ut red- deres ; quid satis potest clici de tanta impudentia ? Remove gladios illos parumper, quos videmus: jam intelliges, aliam causam efse hastes Caesaris, aliam confidentias et temeritatis tuae ; non enim te dominus modo illis sedibus, sed quivis amicus, vi- einus, hospes, procurator arcebit. XLI. At quam multos dies in ea villa turpifsime es perbac- cbatus ? ab bora, tertia bibebatur, ludebatur, vomebatur. O tecta ipsa misera, quam dispart domino ! quanquam quomodo iste dominus ? sed tamen quam a dispari tenebantur ! studiorum enim suorum M. Varro voluit efse illud, non libidinum diversorium : quee in ilia, villa anteo dicebantur ? quae cogitabantur ? quae Uteris mandabantur ? jura popuii Romani, monumenta majorum, omnis sapientias ratio omnisque doctrina. At vero, te inquilino (non enim domino) personabant omnia vocibus ebriorum : natabant pavimenta vino : madebant parietes: ingenui pueri cum meri- toriis, scorta inter matres-familias versabantur. ( s5 ) Cafsino. sa- lutatum veniebant, Aquino, Interamna: admifsus est nemo ; jure id quidem. In homine enim turpifsimo obsolebant dignitatis insignia. Cum inde Romam proficiscens ad Aquinum accede- ret, obviam ea procefsit (ut est frequens municipium) magna sane muititudo ; at iste operta lectica latus est per oppidum, ut mortuus. Stulte Aquinates ; sed tamen in via habitabant : quid Anagnini? qui, cum efsent devii [obviam ei] descenderunt, ut istum, tanquam si efset consul, saiutarent : incredibile dictu est ; tamen inter omneis constabat, neminem efse resalutatum ; prae- sertim cum duos secum Anagninos haberet, Mustellam et Laco- nem ; quorum alter gladiorum est princeps, alter poculorum. Quid ego illas istius minas contumeliasque commemorem, qui- bus invectus est in Sidicmo^? vexavit Puteolanos, quod C. Cas- sium,quodBrutospatrouos adoptafsent: magno quidem judicio, studio, benevolentia, caritate ; non ut te, (* 7 ) ut Basilum, vi et armis, et alios vestri similes, quos clientes nemo habere velit, non inodo efse illorum cliens. (86) Cafsino salutatum veniebant, Aquino, Interamna.] Cafsiiium was a town of Campania, now called Monte Cafsino. Aquinum was a town of the Latins, near Samnium; it was the place of Juvenal's birth, and is now called Aquino. Interamna was a town of Campania, not far from Aqui- num; it derived its name from its situation between the rivers Melpis and Liris. (87) Ut Basilum."] This Basilus, it seems, was a person of a very infamous character, and a great temporizer; as appears from his joining Pompey in the civil wars, and afterwards afsociating himself with Antony. cicero's orati< should come to Rome. But who c \ no man for whose welfare the publi< any part of Varro's estate wsi appear that Caesar wrote to you to , bad enough of such monstrous impud swords a little which are now before tuU in- stantly see the diilerence b. a sale, and your audacious presumption prietor of that estate, hut any friend, steward of his, shall have it in his power to Sect. XLI. Yet for how mai.v . rc _ vel in that villa? from the third h drinking, gaming, and vomiting. <) U ut'< what a different muster mis then the master? yet how unlike its fori:. intended it should be a retreat for study, and n< lewdnefs In that villa, what was formerly the versation ? what of meditation ? what was commitfc The constitution of Home; the monuments of every subject of learning and philosophy. Jiut while tenant there, (for you was not master,) noth but the noise of drunkards; the pavements were stained with wine; free-born youths of lib. Were confounded with catamites, and matrons strumpets. People came from Caisinum, Aquinum, and fn- teramna, to pay you their compliments: not one was aduii And this indeed was right: for the ensigns o were disgraced by so infamous a fellow, in his return thence to Rome, when he came to Aquinuc (for it is a populous town) came out to meet him ; bul carried through the streets in a covered J, dead. The inhabitants of Aquinum acted foolishly ; could they do? they lived on the road. But what sh i of the Anagnini? who, though they lived off the i came down and complimented him, as if he had JlV a consul. It is incredible to relate, yet ail agree that he retu no compliments; which is the more surprising, as he had two inhabitants of Anagni in his train, Mu Stella a I an excellent fencer, the other an excellent drinkei I mention the threats and abuses he threw on cinians? He opprefsed the inhabitants of Pu themselves under the patronage of C. Cafsius e Bruu ; which they certainly did from principle, from inclination, . friendship, and affection ; not from dread and terror, v. forced them to follow you and Basil us, whom n choose as clients, much lei's as patrons. 648 M. T. CICERONIS ORATIONES. XLH. Interea dum tu abes, qui dies ille collegse tui fuit, cum illud, quod tu venerari solebas, bustum in foro evertit r qua re tibi nuntiata, ut constabat inter eos, qui unafuerunt, concidisti : quid evenerit postea, nescio : metum credo valuifse, et arma. Collegam quidem de coelo detraxisti ; effecistiqucnon tu quidem etiam nunc, ut sit similis tui, sed certe ut difsimilis efset sui. Qui vero reditus inde Romam ? quae perturbatio totius urbis? ( 8 *) memineramus Cinnam nimis potentem ; ( 8 «) Syllam postea dominantem, Csesarem regnantem videramus: erant fortafse gladii, sed ii absconditi, nee ita multi ; ista vero quae et quanta barbaria est? agmine qua3drato cum gladiis sequuntur milites: scutorum lecticas portari videmus. Atque his quidem jam in- veteratis, P. C. consuetudine obduruimus; kalendis Juniis, cum in senatum, ut erat constitutum, venire vellemus, metu perter- riti repente diffugimus : at iste, qui senatu non egerct, neque desideravit quemquam, et potius discefsu nostro laetatus est, sta- tim ilia mirabilia tacinora effecit: qui chirographa C&esaris de- fendifset lucri sui causa, is leges Csesaris, easque praxlaras, ut rempublicam concutere pofset, evertit ; numerum annorum pro- vinciis prorogavit; idemque, cum actorum Csesaris defensor efse deberet, et in publicis, et in privatis rebus acta Csesaris rescidit. In publicis actis nihil est lege gravius : in privatis firmis- simum est testamentum. Leges alias sine promulgatione sustu- 3it : alias, ut tolleret promulgatas, promulgavit. Testamentum irritum fecit: quod etiam infimis civibus semper optentum est; (88) Memineramus Cinnam nimis potentem.] China was a person of con- sular dignity, cotemporary with Sylla, whose decrees, in his absence, when he was attempting to reverse, he was driven out of Rome by his colleague Octavius, with six of the tribunes, and deposed from the consulship. Upon this he raised an army, and recallecHVlarius, who, having joined his forces with him, entered Rome in a hostile manner, and with the most horrible cruelty put all Sylla's "friends to the sword, without regard to a § e > dignity, or former services. (89) Syllam postea dominantem.] Sylla was descended of a noble and patrician family, which yet, through the indolence of his ancestors, had made no figure in the republic for many generations, and was almost sunk into obscurity ; till he produced it again into light, by aspiring to the honours of the state. Marius and he served as lieutenants in the Marsic or social war, where Sylla distinguished himself by his courage and bravery, and, as a reward of his services, was raised to the consulship. A civil war breaking out soon after betwixt him and Marius, in which he had the ad- vantage, he revenged himself in the most barbarous manner upon the Ma- rian faction ; and by the detestable method of a py'oscription, of which he was the first author and inventor, exercised a more infamous cruelty in Rome, than had ever been practised in cold blood, in that, or perhaps in any other city. As soon as the proscriptions were over, he was declared dictator, without any limitation of time. Being invested by this office with absolute authority, he made many useful regulations for the better order of the government; and by the plenitude of his power, changed in a great measure the whole constitution of it from a democratical to an aristocra- tical form, by advancing the prerogative of the senate, and deprefsing that of the people. That he might not be suspected of aiming at a perpetual tyranny, and a total subversion of the republic, he suffered the consuls to CICERO'S ORATI'. Sect. XLII. In the mean time, du glorious day was that to your Colleague, when he d< that monument in the forum, whi< the news of which, we are told by tl fainted away. What happened after that', I known pose, fear and the dread of arms thru prevailed. N your colleague down from that gloriou merit had raised him, and rendered him not indeed, but surely very unlike lo Dol your return from thence to Home I whole city thrown into? We remembered Cinna we had seen Sylla afterwards fyrani the usurpation of Oa;sar. These had .words were sheathed, and few in number. Bui on detestable, and how great were the barbariti< Battalions of soldiers, with swords in their hands, folio and we saw litters carried along, filled with bi objects, conscript fathers, were so frequenl us, that we became quite insensible to them. On tl June, when We would have met in the senate, accord pointment, struck with sudden fear, each of us tied. B who neither wanted a senate, nor wished for the counsels of any person, but rather rejoiced at our departure, immediately put in execution those wonderful acts of his. lie who had defended Cesar's notes while he could gain any thing by it, abol Ceesar's laws, and those salutary ones, that he might overthrow the constitution. lie prorogued the number of years for ing provinces; and this man, who ought to have been tfa fender of Caesar's acts, repealed them ; both those of a public. and those of a private nature. In public affairs, no- more weight than a law ; in private, nothing of greater fore i a will. Some laws he abolished without promulgation ; i he stuck up, that he might abolish those already promulged. Me. made a will of no effect; which is always valid the meanest citizens. The statues and pictures, which ( be chosen In the regular manner, and to govern, as usual, in all th< nary affairs of the city ; whilst he employed himself particularly ing the disorders of the state, by putting Ins new law, in afterwards laid down the dictatorship, and restored liberty to tl and with an uncommon greatnefs of mind, lived many mo senator, and with perfect security, in that c.tv where he had - most bloody tyranny. Cicero, though he had a good opinion vet detested the inhumanity of his v.ctory ; and never speak of nun *ttb respect, nor of his government but as a proper tyranny ca ng master of three mosf pestilent vices, luxury, avarice, and crui before his death, he made his own epitaph, the sum of wh < h man had ever gone belaud him, in doing good to hts friends, 01 enemies. Tt 650 M., T. CICERONIS ©RATIONES. sig.ua, tabulas, quas populo Ceusar una cum hortis legavit, eas hie partial in hortos Pompeii deportavit, parti in in villain Sci- pionis. XLIII: Et tu in Caesaris memoria diligens ? Tu iilum amas mortuum? quem is majorem bonorem conseeutus erat, quam ut haberet pulvinar, simulacrum, fastigium, tlaminem? Est ergo flamen, vit Jovi, ut Marti, ut Quiririo, sic Divo Julio Marcus Antonius? Quid igitur cefsas? cur non inaugurare? Sume diem : vide, qui te inauguret: collegae sumus; nemo negabit. O de- testabilem hominem, sive quod tyranni sacerdos es, sive quod vnortui! Quaero deinceps, num hodiernus dies qui sit ignores ? nescis, ben quartum in Circo diem ludorum Romanorum fuifse? te autem ipsum ad populum tulifse, ut quintus praBterea dies Csesari tribueretur? ( 9 °)-Curnon sumus praetextati? cur honorem CcEsari tua lege datum deseri patimur? An supplicationes ad- dendo diem contaminari pafsus es, pulvinaria noluisti ? aut un- dique religionem tolle, aut usquequaque conserva. Quaeres ; placeatne mihi pulvinar else, fastigium, flaminem ? mihi vero nihil istorum placet. Sed tu, qui acta Caesaris defendis, quid potes dicere, cur alia defendas, alia non cures? nisi forte vis fateri te omnia quaestu tuo, non illius diguitate metiri. Quid ad h*c tandem ? exspecto eloquentiam tuarn ; difsertifsimum cognovi avum tuum ; ( 9 ') at te etiam apertiorem in dicendo: ille nunquam nudus est concionatus ; tuum hominis simplicis pectus vidimus. Respondebisne ad hsec? aut omnino hiscere audebis? ecquid reperies ex tarn loriga oratione mea, cui re re- spondere poise confidus? Sed pretterita omittamus. XLIV. Hunc unum diem, hunc unum, inquam, hodie. diem, hoc puuetum temporis, quo loquor, defende, si potes. Cur armatorum corona seuatus septus est? cur me tui satellites cum gladiis audiunt? cur valvar Concordia? non patent? cur homines omni um gentium maxime barbaros, Ityraeos, cum sagittis deducis in forum ? Praesidii sui causa, se facere elicit. Nornie igitur millies perire est melius, quam, in sua civitate sine ' armatorum praesidio non pofse vivere ? Sed nullum est istuc, mihi crede, presidium; caritate et benevolentia civium septum oportet else, non ariuis. Eripiet, extorquebit tibi ista populus (90) Cur non sumus pnetextafi ?] Such Roman senators as were, actual magistrates ol' the city, as the consuls, pra?tors, a^ducs, tribunes, &c. during the'year of their magistracy, always wore ihc praitexta, or a gown bordered round with a stripe of purple; in which habit also, all the rest of th nate who had already borne those offices, used to afsist at the public festi- vals and solemnities. (91) At. te etiam apertiorem hi dicendo.~\ Cicero here alludes to Antony's haranguing naked during the festival of the Lupercalia. • There is an am- biguity in the original, which it is scarce pofsible to preserve iu an English translation. CICERo's ORATI* together with his gardens, had left as people, he carried off, partly to Pomp Scipio's country seat. Sect. XLIII. And are vou watchful i do you love him even in the grave? What higher ho he poisibly attain to, than to have a shrine, . lion, and a priest? As Jupiter, as Mars, their priests, is M. Antony priest to the deifit you stop here? why are not you consec Appoint a look out for some person to con nobody will oppose it. Detestable wretch, whethei ( : as the priest of a tyrant, or of a dead man! 1 . whether you know what a day Are vou it that yesterday was the fourth day of the Roman games in I that you yourself proposed to the peopli Jd be dedicated to Csesar? Why then are we not in our proper i why do we suffer an honour conferred on Cp?sar, bv your law, to he neglected? Can you, who have suilercd a day to be pro- faned by adding- supplications, deny him shritu stroy religion in every respect, or maintain it in all. You will ask, perhaps, whether I approve of a shrine, a pavilion, and a priest? I approve then of none of them. But you, who ( l< Cpesar's acts, what reason can you afsign for defending some, and neglecting others? unlefs indeed you confcis that you mea- sure every thing by your own interest, not by his dignity. What answer can you make to these things? I long for your oratorical talents. I know that your grandkV of great eloquence: but he was not so perspicuous in us yon are. He never harangued naked ; bur. plainnefs and simplicity, that you laid open your ;om to our view. Will you make no answer to this r won't \ i much as venture to open your mouth ? is there i in this- long oration of mine, which you think you can au | kit let us omit what is past. Sect. XUV. Defend, if you can, this one day caent day, I say, this very instant of time, in which 1 speaking. " Why is the senate beset with a b armed men? why do your guards now hear me with swor hands? why are not the doors of the tern;,, thrown open ? why do you bring into the forum armed with darts'; a race the most savage of all He answers, that lie does it t'ov his own safety. Is it I then to undergo a thousand deaths, than not to I in your own country without an arxed guard ? Bti that is no guard. "The hearts and affections of vour I zens, and not vour arms, must, be your pi 652 M. T. CICERONIS ORATIONES. Romanus, utinam salvis nobis ! sed quoquo modo nobiscurri egeris, dum istis consiliis uteris, non potes else, mihi crede, diu- turnus ; eternal ista tua minime avara conjux, quam ego sine con- tumelia describo, ( 9 *) nimiuin debet diu populo Romano tertiam pensionem. Habet populus Romanus ad quos gubernacula rei- publicae deferat ; qui ubicunque terrarum sunt, ibi est omne reipublicae presidium, vet potius ipsa respublica, quaese adhuc tantummodo ulta est, nondum recuperavit: habet quidem certe respublica adolescentes nobilifsimos, paratos defensores; quam volent, illi cedant, otio consulentes ; tamen a republica revoca- buntur. Et nomen pacis dulce est, et ipsa res salutaris ; sed inter pacem et servitu'tem plurimum interest: pax est tranquilla libertas; servitus malorum omnium postremum, non modo, sed inorte etiam repellendum. Quod si seipsos illi nostri liber- atores e conspeetu nostro abstulerunt ; at exemplum facti reii- querunt; illi quod nemo fecerat, fecerunt. Tarquinium Brutus belle est persecutus ; qui tamen rex fuit, cum efse Romae regem licebat. Sp. Cafsius, Sp. Melius, M. Manlius, propter suspi- cionem regni appetendi sunt necati: hi primi cum gladiis, non in regnum appetentem, sed in regnantem impetum fecerunt ; quod cum ipsum factum per se prseclarum atque divinum est, turn expositum ad imitandum ; praesertim cum illi earn gloriam consecuti shit, quae vix ccelo capi pofse videatur. Etsi enim satis in ipsa conscientia pulcherrimi facti fructus erat, tamen mortali immortalitatem non arbitror contemnendam. XLV. Recordare igitur ilium, M. Antoni, diem, quo dicta- turam sustulisti : pone ante oculos latitiam senatus populique Romani : confer cum hac nummatione tua tuorumque ; turn intelliges, quantum inter laudem et lucrum intersit. Sed nimi- rum, ut quidam morbo aliquo et sensus stapore suavitatem cibi non sentiunt; sic libidinosi, avari, facinorosi vera? laudis gusta- tum non habent. Sed si te laus allicere ad recte faciendum non potest, ne inetus quidem a fuediisimis factis potest avocare. Jud\cia non metuis ; si propter innocentiam kudo ; si propter vim, non intelligis, ei, qui isto modo judicia non timeat, quid timendum sit ? Quod si non metuis viros fortes, egregiosque cives, quod a. corpore tuo prohibentur armis ; tui te, mihi crede, diutius non ferent. Quee est autem vita, dies et noctes (92) Nhniimi debet diu populo Romano tertiam pensionem.JFuUia, who was Antonv's wile, had had three husbands, Clodios, Curio, ar.d Antony. The first was killed by Milo; the second, being sent by Osar againlt Juba, king of Mauritania, \\as defeated and killed; and Cicero here prognosticates the death of her third husband Anton CICERo's ORATIONS. of Rome will take away, will wrest these from I hope with safety to us all. But whatever way you dual us, while you pursue such measures, your reign", bcl. will be but short. For too long has your gene whom I mention without the least reflection, owed t: :( - third debt she has to pay to the Roman people. Ron still leit, whom she may safely trust with the i vernment: in whatever partsofthe world they arc, there dv. all the safety of this state, or rather the si yet only avenged herself, not recovered her Our country has indeed youths of the greatest quality, ready to defend her. -Though it has been thought expedient for ti to retire, out of regard to the public tranquillity, yet ti country will recal them. Even the name of peace is pieasii and peace herself is salutary ; yet between peace and servitu there is a wide difference. Peace is the tranquillity of liber servitude the worst of all evils, to be repelled not only by foi but by death itself. But though these brave delive ours have withdrawn themselves from our sight, yet have they left a a, glorious example : they have done what no one ever did be- fore. Brutus made war upon Tarquin, who was king at a time when it was agreeable to the Roman constitution to have kin Sp. Cafsius, Sp. Melius, M. Manlius, were put to death on a suspicion of affecting royalty. But our deliverers are the first who have drawn their swords, not against one who a royalty, but one who was in actual poisefsion of it : an action, which as it is glorious and divine in itself, so is it worthy of our imitation, especially as the authors of it have acquired such glory as heaven itself seems scarce wide enough to contain. For though the consciousneis of a glorious deed is a sufficient reward, yet immortality, 1 think, ought not to be contemned by a mortal. Sect. compavandus. Sed ex plori-* mis malis, quae ab ilio reipubiicae sunt ip.usta, hoc tamen boni est, quod didicit jam populus Rouianus, quantum cuique crede- ret, quibus se committeret, a quibus caveret. Hacc igitur non cogitas ? nee inteliigis, satis efse v iris fortibus didiciise, qnam sit re pulchrunij benencio gratum, fama glor osum, tyrannum (93) Fuit in ilio ingeniwn , ratu , memoria> literce.'] We have here a very fine encomium upon Ca'sar, wvhom Cicero describes as pofsefsing many great and noble qualities. Nature indeed had formed him to excel in peace, as well as war: he was provident in council ; fearlefs in action ; ge- nerous beyond measure to his friends ; and, for parts, learning, and elo- t$ence; scarce inferior to any man His orations were admired for two qualities, which are seldom found together) strength and elegance: Cicero fanks him among the greatest orators that Rome ever bred ; and Quinti- lian saVs, thai he spoke with the samejorce with which he fought ; and ij he had devoted himself to the bar, would have been the only man capable qj rival- ing Cicero. Nor was he a master only of the poli'ei arts ; but conversant also with the most abstruse and critical parts of learning; and among other v:orks which he published, addrefsed two books to Cicero, on the analogy ef language, or the art of speaking and writing correctly. He was a most liberal patron of wit and learning, wheresoever they were found ; and out of his love of those talents, would readily pardon those who had employed them against himself: rightly judging, that by making such men hi? friends, he should draw praises from the same fountain from which he had been aspersed. His capital pafsions were ambition and lo?e of pleasure, which he indulged in their turns to the greatest excels: yet the^rst was always predominant; to which he could easily sacrifice all the charms of the se- cond, and draw pleasure even from toils and dangers, when they ministred to his glory. For he thought tyranny, as Cicero sa)s, the greatest oj god- dejses ; and had frequently in his mouth a verse of. Euripides, which ex- prefsed the image of his soul, that if right and justice were ever to be violated, the)/, were to be violated for the sake of reigning. This was the chief end . arid purpose of his life, the-scheme that he had formed from his early youth; •*o that, us Cato truly declared of him, he came with sobriety and meditation to Inn subversion of the republic. He used to say, that there were two tfti?igs ne- tefsary to acquire and support power , soldiers and money ; w hich yet depended mutually on each other* with money, therefore, he provided soldiers ; and \vith soldiers he extorted money : and was of ail men the most rapae.' In plundering both friends and foes; sparing neither prince nor state, nor temple/ nor even private persons, who were knovw; to pofseffi any share cj" CICfRo's OR.V1 tO trfiaf a life is it to be u itmual ap] tlav from your own p gatiamm you, than tW who put < But are you in any I had genius, sense, memory, learning, I and activity: his achieve, l " toS were vet great in I usurpation or many yea^s, at len aS^e accomplished his de K and entertainment,, he £& his friends he obliged by his « by a snow of clemency, tea wonT, partly b patience, lie brought a fete state to a I Sect XLVI. As to the lust of po compared xvith h.m, though in, to o.l.e; rUo. hold But, from the numberlefe , their guard •g^^^i f or brave men CXCrbeS'^on^n Use,, the... killing a tyrant? When they cm ^^ ^S^^I-Lt^^ulL^e,, his reign to a violent end. • fainxerai .1 C«ar h celebrated bv his flatterers for, clement , which seen ,^ af S nmed,and not a real ^^"^^pprehend, to p< character, wiUfind »^y d^iheu t s eapi , ^ up u 656 M. T, CICERONIS ORATI0NES. occidere ? an, cum ilium homines non tulerint, te ferent ? cer^ tatim posthac, mihi crede, ad hoc opus curretur, nee occasionis tarditas exspectabitur. Itespice, quseso, aliquando rempublicam, M. Antoni : quibus ortus sis, non quibuscum vivas, considera: mecum,ut votes; cumrepublica, redi in gratiam. Sed dete tu ipse videris : ego de me ipso profitebor ; defendi republicani adolescens, non deseram senex ; contempsi Catilinse gladios, non pertimescam tuos. Quin etiam corpus libenter obtulerim, si repracsentari morte mea libeutas civitatis potest ; ut aliquando dolor populi Romani pariat quod jamdiu parturit. Etenim si abhinc annos prope viginti hoc ipso in templo negavi, poise mortem immaturam efse consular}, quanto verius nunc negabo senir Mihi vero, P. C. jam etiam optanda mors est, perfuncto rebus iis, quas adeptus sum, quasque gefsi. Duo modo ha;c opto : unum, ut moriens populum Romanum liberum relin- quam ; hoc mihi majus a, diis immortalibus dari nihil potest: alteram, ut ita cuique eveniat, ut de republica quisque me^ reatur. CICERO $ ORAT1 those with whom you live ; behave towai be no longer an enemy to concerns; as lor inc., 1 will make* t:. tended the state in my youth, i old age; I dtt^pis yours. Nay, 1 v. death the' liberties of Rome coultl and the Roman people could load they have been so long in lab< years a°-o I declared in thi be untimely to me, when C I make that deelaratiou now that 1 ai script fathers, death is now even desirable, nours I have obtained, and the duties I ! things only I wish for: the first is, that I ma people free; and a greater blelsing than cannot bestow upon me : the < ery ~ warded as he has deserved of l;is country. man ORATIO XVII. IN M. ANTONIUM PHILIPPICARUM*. PHILIPPICA NONA. I. T TELLEM, dii immortales fecifsent, P. C. ut vivo potius V Servio Sulpicio gratias ageremus, quam mortuo honores quaereremus* Nee vero dubito, quin, si iile vir legationem re- nuntiare potuifset, reditus ejus et nobis gratus Fuerit, etreipub- licse salutaris futunxs: non quo L. Philippo et L. Pisoni aut studium aut cura defuerit in tanto officio tantoque munere; sed cum Servius Sulpicius setate ilios anteiret, sapientia omnes, subito ereptus e causa totam legationem orbam et debiiitatam reliquit. Quod si cuiquam Justus honos habitus est in morte * Servius Sulpicius was of a noble and patrician family, of the same age, the same studies, and the same principles with Cicero, with whom he kept Up a perpetual friendship. They went through their exercises together when young, both at Rome, and at Rhodes, in the celebrated school of Molo: whence he became an eminent pleader of causes, and pafsed through all the great offices of state, with a singular reputation of wisdom, learning, and integrity; a constant admirer of the modesty of the ancients, and a reprover of the insolence of his own times. When he could not arrive at the first degree of fame as an orator, he resolved to excel in what was next to it, the character of lawyer ; choosing rather to be first in the second art, than the second only in the first: leaving, therefore, to his friend Cicero the field of eloquence, he contented himself with such a share of it, as was suf- ficient to sustain and adorn the profefsion of the law. In this he succeeded to his wish, and was far superior to all who had ever profefsed it in Rome, being the first who reduced it to a proper science, or rational system; and added light and method to that which all others before him had taught darkly and confusedly. Nor was his knowledge confined to the external forms", or the effects of the municipal laws; but enlarged by a comprehen- sive view of universal equity, which he made the interpreter of its sanctions, and the rule of all his decisions; yet he was always better pleased to put an amicable end to a controversy, than to direct a p?ocefs at law. In his political behaviour he was always a friend to peace and liberty ; modera- ting the violence of opposite parties* and discouraging every step towards civil difsention ; and-in the war between Caesar and Pompey, was so busy in contriving projects of an accommodation, that he gained the name of the pesce-maker. Through a natural timidity of temper, confirmed by « ORATION XVII. THE NINTH AGAINST M. ANT( Sect. I. T Wish, conscript fathers, the imm X if in oiu' power to return thanks to the li Siilpicuis, rather than to decree honours to his m have I the least doubt, but if that great man could from his embafsy, his return would have been ns, and beneficial to the state: not that L. Philippu L. Piso were wanting in .diligence or attention in the disci] of so important an office and trust; but as Ser. Sulpiciu ceeded them in years, and all men in wisdom, his being cut i profefsion and course of life averse from arms though he preferred Pom- pev's causesis the best, he did not care to tight for it ; but taking C to be the strongest, suffered his son to follow that c Imp, while lie himself continued quiet and neuter: for this he was honoured by Catsar, yet never be induced to approve his government From the time of t death, he continued still to advise and promote ali nieasui likely to establish the public concord. He with L. Philippu L. Piso, both consular senators, upon an embafsy to Antoi e him, in the name of the senate, to quit the siege of fej om all hostilities in Gaul; but died before he reached Ante en the news of his death was brought to Rome, Panja called th< to deliberate on some proper honours to be decreed to hi spoke largely in his praise, and advised to pa\ him all t ; had ever been decreed' to any who had lost their lives country: a public funeral,' sepulchre, and Statue. next, agreed to a funeral and monument; but v only to those who had been killed by yiplence i babies. Cicero was not content with this; but to the man, as well as regard to the pubUc &er ■■ honours paid to him winch the occasion conic therefore to Servilins, he shows ii; this oratiou that the case of Sul|ricius was the same with - been killed on the account of their , Cicero's desire, granted the si h we are told b third centurv, remained to hi, time in the rostra of Auj Urn was delivered in the year of Rome 710, and « 660 M, T. CICERONIS ORATIQNES. legato, in nullo justior, quam in Ser. Sulpicio, reperietur. Cscn tari, qui in legatione mortem obierunt, ad incertum vitae peri- culum, sine ulio mortis metCi, profecti sunt: Ser. Sulpiciiis cum aliqua perveniendi ad M. Antonium spe profectus est, nulla ftiftertendi ; qui cum :ta afTectus efset, ut, si ad gravem valetu- dineni labor viae acceisifset, sibi ipse difsideret, non recusavit quo minus vei extremo spiritu, si quam opem reipublicae ferre poiset, experiretur. Itaque non ilium vis hiemis, non nives, non longitudo itineris, non asperitas viarum, non morbus in- gravescens retardavit : cumque jam ad congrefsum colloquium-, que ejus perveniiset, ad quern erat mifsus; in ipsa cura et me- ditatione obeundi sui muneris excefsit e vita. Ut igitur alia, sic hoc, C. Pansa, praeclare, quod nos ad ornandum Ser. Sul- picium cohortatus es, et ipse multa copiose de illius laude dix- isti ; quibus a te dictis, nihil prseter sententiam dicerem, nisi P. Servilio respondendum putarem, qui hunc honorem statuae nemini tribuendum censuit, nisi ei qui ferro efset in legatione interfectus. Ego autem, P. C. sic interpretor sensifse majores nostros, ut causam mortis censuerint, non genus efse quaeren- dum. Etenim cui legatio ipsa morti ruifset, ejus monumentum exstare voluerunt ; ut in bellis periculosis obirent homines le- gationis munus audacius. Non igitur exempla majorum quse- renda, sed consilium est eorum, a quo ipsa exempla nata sunt, explicanduni. II. ( J ) Lar Tolumnius, rexVeientium, quatuor legatos populi Romani Ficlenis interemit ; quorum statute in rostris steterunt usque ad nostram memoriam: Justus honos; iis enim majores nostri qui ob rempublicam mortem obierant, pro brevi vita, diuturnam memoriam reddiderunt. Cn. Octavii, clari viri et magni, qui primus in earn familiam, quse posteaviris fortifsimis floruit, attuiit consulatum, statuam videmus in rostris; nemo ftuiii novitati invidebat, nemo virtutem non honorabat. At ea fait legatio Octavii, in qua periculi suspicio non subefset. Nam (1) Lat Tolumnius, rex Veientium.^ In the year of Rome 315, the Fide* nates, threw off the Roman yoke, and put themselves under the protection of Tolumnius, king of the Veientes; by whose orders they murdered four , anibafsadois, whom the Romans sent to them to ask the reason of their conduct So enormous a proceeding was followed by a bloody war; the brave Mamercus /Enlilius was nominated dictator, and defeated the Ve- ientes and Fide nates, with the Falisci, who joined them in a pitched battle. Tolumnius was slain in the action by Cornelius Cofsus, a legionary tribune ■who stripped him of his armour arid royal robes; and these spoils, called opima spoli'a, Cornelius afterwards carried on his shoulders in the dictator's 2 CICERO'S ORATIONS. 661 suddenly, left the embafsy man honours have ever been decreed to an death, they can be due to none more I Others, who have died during their emb i any certain hazard of their lives, without death: Ser. Sulpicius set out with boo tony, but with no hopes of returni bad a state or' health, that fa- should add the fatigue of ajournej to hi refused not to try, if with In vice to his \ , winter, ti i the length oi the joi the road'-, nor nis increasing indisp and when he had readied t died the very moment he was with him, and di C. Pansa, as well as on all other occasions, you nai by exhorting us to honour the men by speaking so copiously in his praisi I should add nothing, and only dee that I think it necefsary to reply to P. S who has vered it as his opinion, that tlie honour i to those who have been killed by violence in the di& their embafsy. But, in my opinion, conscript fathei not the manner, but the cause of the death that cur anc garded: for they granted a monument to bin caused by his embafsy, that in dangerous wai - men might un- dertake the office of ambafsador with greater cheerful n are not to seek precedents then from our ancestors, but the intentions of those from whom those very precedents sprung. Sect. II. Lar Tolumnius, king of the Veientes, put to d< at Fidena?, four ambafadors of the Roman people, who* I remember to have seen in the rostra. And this boi due to them; for as they had suffered death on a- country, our ancestors, for the lite they had lost, a In best, rendered their memory lasting. The i vius, an illustrious and great man, who first in sulship into that family, which has since been fruitful i bravest of men, we still behold in the re time, envied new men; virtue was bono was the embafsy of Octavius, ti triumph, and then deposited them in I were the second of the sort known in I?< mulus, who killed king Acron in . 662 M. T. CICERONIS ORATtOftES. cum efcet mifsus a senatu ad animos rcgum perspiciendos Iibe- rorumque popalorum, (') maxhneque ut nepotem Antiochi re- gis, ejus qui cum majoribus nostris belium gefserat, daises ha- bere, eiepbantos alere prohiberet, Laodiceae in gvmnasio a quo- dam Leptine est interfeetus. lleddita est ei turn a majoribus statua pro vita, qua? multos per annos progeniem ejus honestaret, nunc ad tantse familiar memoriam sola restaret. Atqui et huic, et Tullo Cluvio, et Lucio Roscio, et Sp. Antonio, et C. Fulcinio, qui a. Veientium rege ca?si sunt, non sanguis, qui est profusus in morte, sed ipsa mors ob rempubiicam obita, honori fuit. III. Itaque, P. C. si Ser. Sulpiclo casus mortem attulifset, dolerem quidem tanto reipublicae vulnere, mortem vero ejus non monumentis, sed luctu publico efse honorandam putarem. Nunc autem quis dubitat, quin ei vitam abstu'erit ipsa legatio? secum enim ille mortem extul.it; quara, si nobiscum remansis- set, sua cura, optimi filii, fideliisimoeque conjugis diligentia vi- tare potuifset. At ille, cum videret, si vestra? auctoritati non paruifset, difsimilem se futurum sui ; sin paruifset, munus sibi illud pro republica susceptum vita? finem fore; maluit in maxi- mo reipublicae discrimine emori, quam minus, quam potuifset, videri reipublicfe profuiise. Multis illi imurbibus, qua iter fa- c mt, reficiendi se et curandi potestas fuit: aderat hospitum tatio liberalis pro dignitate summi viri, et eorum hortatio, una erant mifsi, ad requiescendum, et vita? consulendum. die properans, festinans, mandata vestra conficere cupiens, iri hac constantia, morbo adversante, perseveravit. Cujus cum adventu maxime perturbatus eiset Antonius, quod ea, [ti t sibi jufsu vestro denunciarentur, auctoritate erant et sen- da Ser. Suipicii constituta; declaravit quam odifset senatum, cum auctorem senatus exstinctuin kete atque insolenter t'ulit, Non igitur magis Oc.fcavki.ra Leptines, nee Veientium rex eos, quos modo-nominavi, quam Ser. Suipicium occidit Antonius. Is enim profecto mortem attulit, qui causa mortis fuit. Quocirea ad posteritatis etiam memoriam pertinere arbitror, exstare, (2) Ut nepotem Antiochi regis, &c] This was Antiochns Eupator, grand- son of Antiochus, surnameci the Great. At the death of his father Antio- chus Epiphanes, he was only nine years old, and left under the guardian- ship of Lvsias. When the news of'Epiphanes's death came to Rome, the senate despatched Cn. Octavius and two others, to afsume the administra- tion of the government of "Syria; and to these they gave instructions to burn all the decked ships, disable the elephants, and, in a word, weaken, as much as pofsible the forces of the kingdom. Octavius, in his journey, pafsed through Cappadocia, where king Ariarathes offered him an army, to escort him into Syria, and to keep the people of that country in awe while he performed his commiision. But he, confiding in the majesty of the-xlo- man name, disdained all other protection. At Laodicea, he began to put the orders o\' the senate in execution ; burning the ships, and disabling the elephants. His pretence was the treaty made with Antiochus the Great, m which it had been stipulated, that the Syrians should cot have above a cgr- CICERO S ORATln picion of danger in it ; for l»< into the indentions of km bid the grandson of that Ahtiochus, who had >ur ancestors, to maintain Beets, or bring up ej< by one L >n - cerned indeed for the lofs my country had sustained ; and should have thought that his memory ought to be b monuments, but by public mourning. But any doubt that the em bat y killed him ? 1 ! along with him, which, had he staid at home. escaped by his own care, by the tendernefs >n, and most faithful wife. But when he saw, that if he did not obey your authority, he should be unliki td if he did obey, that the office he had undertaken I would put an end to his life ; lie chose, in the republic, rather to die, than seem to which he could pofsibly do. In many o jgh which he pafsed, he had opportunities of re 1 . himself. His hosts generously offered him • Mas suitable to the dignity of so great a man, and his colleagues in prefsing him to rest, and consult hiso but, in spite of his distemper, he pen of urging his journey, and hastening to pi of the senate'. His arrival greatly disco: cause what was declared to him b the authority and advice of Servius Sulpicius; how much he hated the senate, \ lent joy at the death of so illuv.r. then" was as truly killed by Antony, as tines; or those I have just now the Veientes : for he i cause, of his death. Foi leave to posterity some m taifi rwa-mberbtf ships of war, nor tann i M' proceeding hijj to be hired bv JU vol M. T. CICERONIS ORATIOKES. quod fuerit de hpc bello judicium seuatus; erit enim statua ipsa" testis, helium tarn grave fuifse, ut legati interitus honoris me- moriam consecutus sit. IV. Quod si excusationemSer. Sulpicii, P. C. legationis obe- undse recordari volueritis, nulla dubitatio relinquetur, quin ho- nore mortui, quam vivo injuriam fecimus, sarciamus. Vos enim, P. C. (grave dietu est, sed dicendum tamen,) vos, inquam, Ser. Sulpicium Vita privastis. Quern cum videretis re maois morbum, quam oratione excusantem, non vos quidem cmdeles fuistts (quid enim minus in hunc ordinem convenit;) sed cum speraretis nihil efse, quod non iilius auctontate et sapientia effici pofset, vehementius excusationi obstitistis ; atque eum, qui sem- p&r ve;>trum consensum gravifsimum judicavii'set, de sententia dejecistis. Ut.vero Pansse consulis accefsit cohortatio gravior quam aures Ser. Sulpicii ferre didicifsent, turn vero denique iiliurn, meque seduxit, atque ita locutus est, ut auctoritatem vestram vitaesuae se diceret anteferre ; cujusnosvirtutemadmirati non ausi sumus adversari voluntati: movebatur singulari pietate fiiius; non multum ejus perturbationi meus dolor concedebat; sed uterque nostrum cedere cogebatur. magnitudini animi, ora- tionisque gravitati ; cum quidem ille maxima laude et j a statue to perpetuate their memory ; there remain other morfl glorious monuments of them, which will bear testimony to the glory of his life: whereas the statue will only testify his honour- able death, and be rather a monument of the gratitude of the senate, than of the fame of the man. The piety of the son too will contribute not a little to the glory of the rather; who, though he is prevented by excefsive grief from being • yet ought you to be as favourably disposed as if he were. So great indeed is his concern, that no one ever grieved mon the death of an only son, than he docs for that of his rather. Jt likewise concerns the reputation of Servius Sulpicius the son, that he pay all due honours to his father; though Servius Sul- picius could leave no more illustrious monument behind him than a son, the image of his manners, of his virtue, steadinels, piety, and genius ; whose grief can be softened by your thus honouring his father, or he is utterly inconsolable. Sect. VI. When I recollect the many conversations which my intimacy -with Ser. Sulpicius gave me an opportunity of en- joying, I am persuaded, that if he is sensible of any thing death, a pedestrian statue in brafs, such as Sylla's fii I will be more agreeable to him than a gilt equestrian statue : lor Servius Sulpicius was a great admirer of the modesty of our an- cestors, and condemned the haughty extravagant sent times. As if I had consulted himself, therefore, upon what 'would be mosti.gr"eablc to him, as the interpreter ox his p sure, I declare for a pedestrian statue of brafs ; which honour- able monument will alleviate and lefsen the sorrow citizens for his lol's. And what 1 say, conscript fathers, must needs be approved of by P. Servilius, who delivered it a nion,that a sepulchre ought publicly to he decreed cius; but not a statue. For if the death of an ambafsador with- out blood or violence requires no honours, why d the honour of a sepulchre, which may be reckoned fcb< that can be conferred on the dead ; ~ Uut it he gran! Ser. Sulpiciusjwhich was not granted toCn.t )r. refuse to the former what was granted to the latter U U 66£ M. T. CICERONIS ORATIONES. decreverunt, sepulcra paucis : sed statuae intereunt tempestate vi, vetustate; sepulcrorum autem sanctitas in ipso solo est, quod nulla vi moveri neque deleri potest; atque ut caetera exstingu- nntur, sic sepulcra sanctiora fiunt vetustate. Augeatur igitur isto etiam honore is vir, cui nullus honor tribui non debitus po- test : grati simus in ejus morte decoranda, cui nullam jam aliam gratiam referre pofsunms : notetur etiam M, Antonii, nefarium bellum gerentis, scelerata audacia; his enim honoribus habitis Ser. Sulpicio, repudiates rejectseque legationis ab Antonio ma- il ebit testificatio sempiterna. VII. ( 5 ) Quas ob res ita censeo: ( 6 ) CUM Ser. Sujpicius Q. F. Lemonia, Rufus, difficillimo reipublica3 tempore gravi peri- culosoque morbo affectus, auctpritatem senatus salutemque po- puli Romani vitae suae praeposuerit, contraque vim gravitatemque morbicontenderit, ut in castra Antonii, quo senatus eum mise- rat, perveniret; isque cum jam prope castra venifset, vi morbi ppprefsus yitam amiserit in maximo reipublicae munere: ejusque l-uors consentanea vitae fuerit sanctifsime honestifsimeque actae, in qua saepe magno usui reipublicae Ser. Sulpicius et privatus et in magistratibus fuerit: cum talis vir ob rempublicam in lega- tione morbo obierit-; senatui placere, Ser. Sulpicio statuam pe~ destrem seneam in rostris ex hujus ordinis sententia statui, circumque earn statuam locum gladiatoribus ludisque liberos posterosque ejus quoquoversus pedes quinque habere, qu.pd is ob rempublicam mortem obierit, eamque causam in basi in- scribe utique C. Pansa, A. Hirtius consules, alter, ambove, si iis videbitur, quaestoribus urbanjs imperent, ut earn basim, sta- tuamque faciendam et in rostris statuendam locent ; quantique locaverint, tantam pecuniam redemptori attribuendam soiven- damque curent : cumque antea senatus auctoritatem suam in virorum fortium funeribus ornamentisque ostenderit ; placere, |3um quam amplifsime supremo die suo efferri: et cum- Ser. Sul- picius, -Q. F. Lemonia, Rufus, ita de republica meritus sit, ut his prnarnentis decorari debeat: senatum censere, atque e republica (5) Quas ob res ita censeo.'] What the majority of the Roman senate apr proved, was drawn up into a decree, which was generally conceived in words prepared and dictated by the first mover of the question, or the principal speaker in favour of it ; who, after he had spoken upon it, what he thought sufficient to recommend it to the senate, used to conclude his speech by summing up his opinion in the form of such a decree as he de- sired to obtain in consequence of it. Thus Cicero's orations against An- tony, which were spokep v at different times in the senate, on points of the greatest importance, generally conclude with the form of such a decree as pe was recommending on each particular occasion : quce cum ita sunt; or, huas cb res ita censeo. See Phil. 3, 5, 8, 10, 13, 14. cicero's orations. tors have granted statues to u, few. Statues perish by viol the sanctity ofsepulchr< lence can shake or ovei I things, renders them only I therefore, to whom no unnn can be paid, r< this additional honour likewise. Lei us sho tul, in honouring the death of the man on bestow no other mark of oui Let the ai. I M. Antony too, who is now an impious \ i country, be branded with infamy ; i memory of Ser. Sulpicius, will remain an eti Antony's having slighted and rejected our einbai Sect. VII. For which reason my opinion is, that, ' wb ' Ser. Sulpicius Rufus, the son of Qnintus, of I ' tribe, in a critical juncture of the state, when I ' laboured under a dangerous indisposition, prefem ' thority of the senate, and the welfare of the ' own life ; and strove against the violence and ob * his distemper, to reach Antony's camp, whither t. ' had sent him; and when he had almost got thill, ' come by the violence of his indisposition, lost his life in the 'discharge of the most weighty employment of the ' and his death was such as became a life of the * tegrity and honour; during which Ser. Sulpi< ''of great service to his country, both in a private and a public 'capacity: whereas so great a man died, for tb ' state, in the discharge of his embais\ . leased ' to decree, that a pedestrian statue oi bn ' to him in the rostra, with an area of five ' it, for his children and posterity to BO ' tors, and with this inscription on the ' ' he died in the service of the republic the senate, that C. Pansa, and A. Hirtius, either, or both of them, it* they think pi to the city quaestors to agree for this I that it be erected in the rostra, anil to pa ever sum they agree for. And wl tofore displayed its dignity in the funerals o likewise decreed, that nis funeral-ofa the utmost magnificence. And whereas Ser. Sulpi< son of Quintus, of the Lcmoniau tribe, (6) Cum Ser. Sulpicius, 1. from a village of that name, near the Porta I 670 M. T. CICERONIS ORATIONES. existimare, sediles curules edictum, quod de funeribus liabeant, Ser. Sulpicii, Q. F. Lemonia, Rufi, funeri mittere: utique lo- cum sepulcro in campo Esquilino C. Pansa consul, seu quo in loco videbitur, pedes triginta quoquoversus adsignet, quo Ser. Sulpicius inferatur ; quod sepulchrum, ipsius, liberorum, pos- terorumque ejus sit, uti quod optimo jure sepulcrum publice datum est. FINI r>, CICERO S ORA£l<< 0?| fcant services to his country, that he deserves all manner of iours, the senate decrees, and thinks it for the honour of the e, that the curule avdilcs expend upon the fane ulpi- a, what is appointed by the edi tins to public Fiioerab; I that the consul C. Pansa assign luin a place ol | the (luiline field, or any other place that shall be thought proper, h an area of thirty feet every wav, to be granted publicly, cording to the forms of law, as a sepulchre for him, Uis chil- B, and posterity. THEE N D. Printed at the Office of T. WILSON and R. SPENCE, High-Oufrgate, York. -