F«='S^;m>ocdKa>©<3K3r>c«<3JSi2;>o.ri'?sr>oo<3sap>o<':Si>a<^^ Kioni iIh' l/il>iary !j of JOCELYN BROOKE W\} '"^'■k' }./> -*M. m'ik ■k- ■ -■■ .^1 uhw c^^'^reo L^ R'^ f/} f^A^ &n£^t^ ^^^^ '\/\rx i^ %^^^ y J-^ a ^ m^ € E € E II FE AWB t 1 I V ©T ^'T A, K G OS TWLLilJS CiCEUr 'TtfT/T^'' JL, (U) .'^' Ji) o. ::s' , CICERO'S LIFE AND LETTERS. THE LIFE OF CICERO by DR. MIDDLETON. CICERO'S LETTERS TO HIS FRIENDS, translated by WM. MELMOTIL CICERO'S LETTERS TO ATTICUS, translated ly DR. HEBERDEN. CHATTO AND WINDUS, PICCADILLY. 1875. BILLING AND SOXS, PRINTERS, GUILDFORD, SURREY. CONTENTS. TAGS HISTORY OF THE LIFE OF CICERO . . .. , , ,^ . . 1 CICERO'S LETTERS TO SEVERAL OF HIS FRIENDS . . . , .331 CICERO'S LETTERS TO ATTICU3 . • ^ * ^ ^ .. ^ , 619 •it> THE RIGHT HONOURABLE LORD JOHN HERVEY, LORD KEBPER OF HIS MAJKSTy's PRIVY PEAL. My Lord, The public will naturally expect, that in choosing a patron for the Liff of Cicero I should address myself to iB«me person of illustrious rank, distinguished by his parts and eloquence, and bearing a principal share in the great affairs of the nation ; who, according to the usual style of dedications, might be the proper subject of a comparison with the hero of my piece. Your lordship's name will confirm that expectation, and your character would justify me in running some length into the parallel ; but my experience of your good sense forbids me the attempt. For your lordship knows what a disadvantage it would be to any character to be placed in the fcame light with that of Cicero ; that all such comparisons must be invidious and adulatory ; and that the following history will suggest a reason in every page, why no man now living can justly be compared with him. I do not impute this to any superiority of parts or genius peculiar to the ancients ; for human nature has ever been the same in all ages and nations, and owes the difference of its improvements to a difference only of culture, and of the rewards proposed to its industry : where these are the most amply provided, there we shall always find the most numerous and shining examples of human perfection. In old Rome, the public honouFB were laid open to the virtue of every citizen ; which, hy raising them in their turns to the command of thait mighty empire, produced a race of nobles superior even to kings. This was a prospect that filled the soul of the ambitious, and roused every faculty of mind and hody to exert its utmost force : whereas in modem states, men's views being usually confined to narrow bounds beyond which they cannot pass, and a partial culture of their talents being sufficient to procure everything that their ambition can aspire to, a great genius has seldom either room or invitation to stretch itself to its full size. You see, my lord, how much I trust to your good-nature, as well as good sense, when in an epistle dedicatory the proper place of panegyric, I am depreciating your abilities instead of extolling them ; but I remember that it is a history which I am offering to your lordship, and it would ill become me, in the front of such a work, to expose my veracity to any hazard : and my head, indeed, is now so full of antiquity that I could wish to see the dedicatory style reduced to that classical simplicity with which the ancient writers used to present their books to their friends or patrons, at whose desire they were written, or by whose authority they were published : for this was the first use and the sole purpose of a dedication ; and as this also is the real ground of my present address to your lordship, so it will be the best argument of my epistle, and the most agreeable to the character of an historian, to acquaint the public with a plain fact, that it was your lordship who first advised me to undertake the Life of Cicero ; and, when from a diffidence of my strength and a nearer view of the task, I began to think myself unequal to the weight of it, your lordship still urged and exhorted me to persist, till I had moulded it into the form in which it now appears. Thus far yoiir lordship was carried by that love for Cicero, which, as one of the best critics of antiquity assures us, is the undoubted proof of a true taste. I wish only that the favour which you have since shovra to my English Cicero, may not detract from that praise which is due to your love of the Roman : but, whatever censure it may draw upon your lordship, I cannot prevail with myself to conceal, what does so muck honour to my work, that, before it went to the press, your lordship not only saw and approved, but. as the ancerest mark of your approbation, corrected it. It adds no small credit to Mie history of Polybius that he DEDICATION. ^" professes to have been assisted in it by Scipio and Laclius ; and even Terence's style was made the purer for its being retouched by the same great hands. You must pardon me, therefore, my lord, if, after the example of those excellent authors, I cannot forbear boasting, that some parts of my present work have been biightencd by the strokes of your lordship's pencil. It was the custom of those Roman nobles to spend their leisure, not in vicious pleasures or trifling diversions, contrived, as we truly call it, to kill the time, but in conversing with the celebrated wits and scholars of the age ; in encouraging other people's learning, and improving their own : and here your lordship imitates them •with success, and for love of letters and politeness may be compared with the noblest of them. For your house, like theirs, is open to men of parts and merit ; where I have admired your lordship's agi-eeable manner of treating them all in their own way, by introducing questions of literature, and varying them so artfully, as to give every one an opportunity, not only of bearing a part, but of leading the conversation in his turn. In these liberal exercises you drop the cares of the statesman, relieve your fatigues in the senate, and strengthen your mind while you relax it. Encomiums of this kind, upon persons of your lordship's quality, commonly pass for words of course, or a fashionable language to the great, and make little impression on men of sense, who know learning, not to be the fruit of wit or parts, for there your lordship's title would be unquestionable, but an acquisition of much labour and study, which tbe nobles of our days are apt to look upon as inconsistent with the ease and splendour of an elevated fortune, and generally leave to men of professions and inferior life. But your lordship has a different way of thinking, and by your education in a public school and university, has learned from your earliest youth, that no fortune can exempt a man from pains, who desires to distinguish himself from the vulgar; and that it is a folly, in any condition of life, to aspire to a superior character, without a superior virtue and industry to support it. What time, therefore, others bestow upon their sports, or pleasures, or the lazy indo- lence of a luxurious life, your lordship applies to the improvement of your knowledge ; and in those early hours, when all around you are hushed in sleep, seize the opportunity of that quiet, as the most favourable season of study, and frequently spend a useful day before others begin to enjoy it. I am saying no more, my lord, than what I know, from my constant admission to your lordship in my morning visits, before good manners would permit me to attempt a visit anywhere else ; where I have found you commonly engaged with the classical writers of Greece or Rome, and conversing with those very dead with whom Scipio and Laelius used to converse so familiarly when living. Nor does your lordship assume thi^ part for ostentation or amusement only, but for the real benefit both of yourself and others ; for I have seen the solid effects of your reading, in your judicious reflections on the policy of those ancient governments, and have felt your weight even in controversy on some of the most delicate parts of their history. There is another circumstance peculiar to your lordship which makes this task of study the easier to you, by giving you, not only the greater health, but the greater leisure to pursue it ; I mean that singular temper- ance in diet, in which your lordship perseveres with a constancy superior to every temptation that can excite an appetite to rebel ; and shows a firmness of mind that subjects every gratification of sense to the rule of right reason. Thus, with all the accomplishments of the nobleman, you lead the life of a philosopher ; and, while you shine a principal ornament of the court, you practise the discipline of the college. In old Rome there were no hereditary honours ; but when the virtue of a family was extinct, its honour was extinguished too ; so that no man, how nobly soever bom, could arrive at any dignity, who did not win it by his personal merit : and here, again, your lordship seems to have emulated that ancient spirit ; for, though bom to the first honours of your country, yet disclaiming, as it were, your birthright, and putting yourself upon the foot of a Roman, you were not content with inheriting, but resolved to import new dignities into your family ; and, after the example of your noble father, to open your own way into the supreme council of the kingdom. In this august assembly your lordship displays those shining talents by which you acquired a seat in it, in the defence of our excellent establishment ; in maintaining the rights of the people, yet asserting the prerogative of the crown ; measuring them both by the equal balance of the laws, which, by the provident care of our ancestors, and the happy settlement at the Revolution, have so fixed their just limits, and moderated the extent of their influence, that they mutually defend and preserve, but can never destroy each other without a general ruin. In a nation like ours, which, from the natural effect of freedom, is divided into opposite parties, though particular attachments to certain principles, or friendships with certain men, will sometimes draw the best dtizeni into measures of a subordinate kind which they cannot wholly approve ; yet, whatever envy your yii^ DEDICATION. lordship uuy incur uii tliat account, you will be found, on all occasions of trial, a true friend tu our constitution both in church and sliitc ; whicii I have heard you demonstrate with great force to bo the bulwark of our comuion peace and prosperity. From tliis fundamental point no engagements will ever move or interest draw you ; and though mi-n inllamcd by opposition are apt to cliarge each other with designs which were never dreamt of perhaps by eiliii-r side, yet if there he any who know so little of you as to distrust your principles, they may df pend at Iciist on your judgment, that it can never suffer a person of your lordship's rank, born to 80 large a share of the pro))erty as well as the honours of the nation, to think any private interest an equivalent for consenting to the ruin of the pubUc. I mention this, my lord, as an additional reason for presenting you with the Life of Cicero ; for, were I not persuaded of your lordship's sincere love of liberty, and zeal for the happiness of your fellow-citizens, it would be a reproach to you, to put into your hands the life of a man who, in all the variety of his admirable talents, does not shine so glorious in any as in his constant attachment to the true interests of his country, and the noble struggle that he sustained, at the expense even of his life, to avert the impending tyranny that finally oppressed it. But I ought to ask your lordship's pardon for dwelling so long upon a character which is known to the whole kingdom as well as to myself; not only by the high office which you fill, and the eminent dignity that you bear in it, but by the sprightly compositions of various kinds with ^vhich your lordship has often entertained it. It would be a presumption to think of adding any honour to your lordship by my pen, after you have acquired BO much by your own. The chief design of my epistle is, to give this public testimony of my thanks for the signal mai-ks of friendship with which your lordship has long honoured me ; and to interest your name, as far as I can, in the fate and success of my work, by letting the world know what a share you had in the production of it ; that it owed its being to your encouragement ; correctness to your pencil ; and, what many will think the most substantial benefit, its largo subscription to your authority. For, though in this way of publishing it, I have had the pleasure to find myself supported by a noble list of generous friends, who, without being solicited, or even asked by me, have promoted my subscription with an uncommon zeal, yet your lordship has distin- guished yourself the most eminently of them in contributing, not only to the number but the splendour of the names that adorn it. Next to that little reputation with which the public has been pleased to favour me, the benefit of this subscription is the chief fruit that I have ever reaped from my studies. I am indebted for the first to Cicero, for the second to your lordship : it was Cicero who instructed me to write ; your lordship who rewards me for writing : the same motive, therefore, which induced me to attempt the history of the one, engages me to dedicate it to the other ; that I may express my gratitude to you both in the most effectual manner that I am able, by celebrating the memory of the dead and acknowledging the generosity of my living benefactor. I have received great civilities on several occasions from many noble persons, of which I shall ever retain a most grateful sense ; but your lordship's accumulated favours have long ago risen up to the character of obligations, and made it my perpetual duty, as it had always been my ambition, to profess myself, with thT greatest truth and respect. My lord, your lordship's most obliged and devoted servant, - • CONYERS MIDDLETON. PREFACE. There is no part of history which seems capable of yielding either more instruction )r entertain- ment, than that which offers to us the select lives of great and virtuous men who have made an eminent figure on the public stage of the world. In these we see at one view what the annals of a whole age can afford that is worthy of notice ; and in the wide field of universal history, skipping as it were over the barren places, gather all its flowers, and possess ourselves at once of everything that is good in it. But there is one great fault which is commonly observed in the writers of particular lives, that they are apt to be partial and prejudiced in favour of their subject, and to give us a panegyric, instead of a history. They work up their characters as painters do their portraits ; taking the praise of their art to consist, not in copying, but in adorning nature ; not in drawing a just resemblance, but giving a fine picture ; or exalting the man into tlie hero : and this indeed seems to flow from the nature of the thing itself, where the very inclination to write is generally grounded on prepossession, and an affection already contracted for the person whose history we are attempting ; and when we sit down to it with the disposition of a friend, it is natural for us to cast a shade over his failings, to give the strongest colouring to his virtues ; and, out of a good character, to endeavour to draw a perfect one. I am sensible that this is the common prejudice of bioffraphers, and have endeavoured tliere- fore to divest myself of it as far as I was able ; yet dare not take upon me to affirm, that I have kept myself wholly clear from it ; but shall leave the decision of that point to the judgment of the reader : for I must be so ingenuous as to own, that when I formed the plan of this work, I was previously possessed with a very favourable opinion of Cicero ; which, after the strictest scrutiny, has been greatly confirmed and heightened in me ; and in the case of a shining character, such as Cicero's I am persuaded will appear to be, it is certainly more pardonable to exceed rather in our praises of it, out of a zeal for illustrious merit, than to be reserved in doing justice to it, through a fear of being thought partial. But, that I might guard myself equally from both the extremes, I have takt'n care always to leave the facts to speak for themselves, and to affirm nothing of any moment without an authentic testimony to support it ; which yet, if consulted in the original at its full length, will commonly add more light and strength to what is advanced, than the fragments quoted in the text and the brevity of notes would admit. But whatever prejudices may be suspected to adhere to the writer, it is certain that in a work of this nature he will have many more to combat in the reader. The scene of it is laid in a place and age which are familiar to us from our childhood : we learn the names of all the chief actors at school, and choose our several favourites according to oiu* tempers or fancies ; and when we are least able to judge of the merit of them, form distinct characters of each, which we frequently retain through life. Thus Marius, Sylla, Csesar, Pompey, Cato, Cicero, Brutus, Antony, have all their several advocates, zealous for their fame, and ready even to quarrel for the superiority of their virtues. But among the celebrated names of antiquity, those of the great conquerors and generals attract our admiration always the mobt, and ^ niKFACE. imprint a notion of nia^'iianiinity, and jiowcr, and capacity for dominion, superior to that of other mortals : wo look upon such as destined by Heaven for emj)ire, and born to trample upon their fellow-creatures ; without reflecting on the numerous evils which are necessary to the acquisition of a glory that is built upon the subversion of nations, and the destruction of the human species. Yet these are the only persons who are thought to shine in history, or to merit the attention of the reader : dazzled with the splendour of their victories, and the i)onip of tlieir triumphs, we consider them as the pride and ornament of the Roman name ; while the i)aeiHc and civil character, though of all others the most beneficial to man- kind, whose sole ambition is, to support the laws, the rights and lil)iMty of his citizens, is looked upon as liumble and contemptible on the comparison, for being forced to truckle to the power of these oppressors of their country. In the following history therefore, if I have happened to affirm anything that contradicts the common opinion and shocks the prejudices of the reader, I must desire him to attend diligently to the autliorities on which it is grounded ; and if these do not give satisfaction, to suspend his judgment still to the end of the work, in the progress of which many facts will be cleared up that may appear at first perhaps micortain and precarious : and in everything especially that relates to Cicero, I would recommend to him to contemplate the whole character, before he thinks himself qualified to judge of its separate parts, on which the whole will always be found the surest comment. Quintilian has given its an excellent rule in the very case, — that we should be modest and circumspect in passing a judgment on men so illustrious, lest, as it happens to the (jcnerality ofcensurers, we he found at last to condemn wJiat tee do not understands There is another reflection likewise very obvious, which yet seldom has its due weight, that a writer on any part of history which he has made his particular study, may be presumed to be better acquainted with it than the generality of his readers ; and' when he asserts a fact that does not seem to be well grounded, it may fairly be imputed, till a good reason appears to the contrary, to a more extensive view of his subject ; which, by making it clear to himself, is apt to jiersuade him, that it is equally clear to everybody else, and that a fuller explication of it would consequently be unnecessary. If these considerations, whicli are certainly reasonable, have but their proper influence, I flatter myself that there will be no just cause to accuse me of any culj)able bias in my accounts of things or persons, or of any other favour to the particular character of Cicero, than what common humanity will naturally bestow upon every character that is found upon the whole to be both great and good. In drawing the characters of a number of persons who all lived in the same city at the same time, trained by the same discipline, and engaged in the same pursuits ; as there must be many similar strokes, and a general resemblance in them all, so the chief difficulty will be to prevent them from running into too great an uniformity. This I have endeavoured to do, not by forming ideal pictures, or such as would please or surprise ; but by attending to the particular facts which history has delivered of the men, and tracing them to their source, or to those correspondent affections from which they derived their birth ; for these are the distinguishing features of the several persons, which, when duly represented, and placed in their proper light, will not fail to exhibit that precise difference in which the peculiarity of each character consists. As to the nature of my work, though the title of it carries nothing more tlian the History of Cicero's Life, yet it might properly enough be called the History of Cicero's Times .' since from his first advancement to the public magistracies, there was not anything of moment transacted in the state in which he did not bear an eminent part : so that, to make the •wliole work of a piece, I have given a summary account of the Roman affairs during the time even of his minority ; and agreeably to what I promised in my progosais, have carried " Modeste tamen et circumspecto judicio de tantis damnent, quae non intclligunt. — Quintiirani Instit. ^ris pronuaciandum est, ne, quod plerisque accidit, x. 1. PREFACE. XI ■on a series of history through a period of above sixty years, which, for the importance of the events, and the dignity of the persons concerned in them, is by far the most interesting of any in the annals of Rome. In the execution of this design, I have pursued as closely as I could that very plan which Cicero himself had sketched out for the model of a complete history. Where he lays it down as a fundamental law, " that the writer should not dare to affirm what was false, or to suppress what was true ; nor give any suspicion either of favour or disaffection : that in the relation of facts he should observe the order of time, and sometimes add the description of places ; should first explain the counsels, then the acts, and lastly the events of things : that in the counsels he should interpose his own judgment on the merit of them ; in the acts relate not only what was done, but how it was done ; in the events show what share chance or rashness or prudence had in them ;' that he should describe like\vise the particular characters of all the great persons who bare any considerable part in the story ; and should dress up the whole in a clear and equable style, without affecting any ornament or seeking any other praise but of perspicuity." These were the rules that Cicero had drawn up for himself when he was medita.ting a general history of his country, sls I have taken occasion to mention more at large in its proper place. But as I have borrowed my plan, so I have drawn my materials also, from Cicero ; whose "works are the most authentic monuments that remain to us of all the great transactions of that age ; being the original accounts of one, who himself was not only a spectator, but a principal actor in tliem . There is not a single part of his writings which does not give some light, as well into his own history as into that of the republic : but his Familiar Letters, and above all, those to Atticus, may justly be called the memoirs of the times; for they contain, not only a distinct account of every memorable event, but lay open the springs and motives whence each of them proceeded ; so that, as a polite writer who lived in that very age, and perfectly knew the merit of these letters, says, the man who reads them will have no occasion for any other history of those times^. My first business therefore, after I had undertaken this task, was to read over Cicero's works, with no other view than to extract from them all the passages that seemed to have any relation to my design : where the tediousness of collecting an infinite number of testimonies scattered through many different volumes ; of sorting them into their classes, and ranging them in proper order ; the necessity of overlooking many in the first search, and the trouble of retrieving them in a second or third ; and the final omission of several through forgetfulness or inadvertency ; have helped to abate that wonder which had often occurred to me, why no man had ever attempted the same work before me, or at least in this enlarged and compre- hensive form in which it is now offered to the public. In my use of these materials, I have chosen to insert as many of them as I could into the body of my work ; imagining that it would give both a lustre and authority to a sentiment, to deliver it in the person and the very words of Cicero ; especially if they could be managed 60 as not to appear to be sewed on, like splendid patches, but woven originally into the text as the genuine parts of it. With this view I have taken occasion to introduce several of his letters, with large extracts from such of his orations as gave any particular light into the facts, or customs, or characters described in the history, or which seemed on any other account to be curious and entertaining. The frequent introduction of these may be charged perhaps to laziness, and a design of shortening my pains, by filling up my story with Cicero's words instead of my own : but that was not the case ; nor has this part of the task been the easiest to me ; as those will readily believe who have ever attempted to translate the classical •* Sexdecim volumina epistolarum ab con&ulatu studiis principum, vitiis ducum, ac mutationibus ejus usque ad extremum tempus ad Atticum missa- reipublicse perscripta sunt, ut nihil in his non ap- tum ; quae qui legat, non multum desideret hiBtoriam parcat. — Corn. Nep. in Vit. Attici, 16. Conteztam eorum temporum. Sic euim omnia de xii PREFACE. writers of Greece or Rome : where the difllculty is, not so mucli to givo their sense, ea to give it in their language ; tliat is, in sucli as is analogous to it, or what they might bo supposed to speak if they were living at this time ; since a splendour of style, as well as of sentiment, is necessary to support the idea of a fine writer. While I am representing Cicero therefore as the most eloquent of the ancients, flawing with a perpetual ease and delicacy, and fullness of expression, it would be ridiculous to produce no other specimen of it but what was stiff and forced, and ofl'ensivo to a polite reader : yet this is generally the case of our modern versions ; where the first wits of antiquity are made to speak such English, as an Englishman of taste would be ashamed to write on any original subject. Verbal translations are always inelegant % and necessarily destroy all the beauty of language ; yet by departing too wantonly from the letter, we are apt to vary the sense, and mingle somewhat of our own : translators of low genius never reach beyond the first, but march from word to word, without making the least excursion, for fear of losing themselves ; while men of spirit, who prefer the second, usually contemn the mere task of translating, and are vain enough to think of improving their author. I have endeavoured to take the middle way ; and made it my first care always to preserve the sentiment ; and my next to adhere to the words, as far as I was able to express them in an easy and natural style ; which I have varied still agreeably to the different subject, or the kind of writing on which I was employed : and I persuade myself that the many original pieces which I have translated from Cicero, as they are certainly the most shining, so will they be found also the most useful parts of my work, by introducing the reader the oftener into the company of one with whom no man ever convcised, as a very eminent writer tella UB, without coming away the better for it^. After I had gone through my review of Cicero's writings, my next recourse was to the other ancients, both Greeks and Romans, who had touched upon the affairs of that age. These served me chiefly to fill up the interstices of general history, and to illustrate several passages which were but slightly mentioned by Cicero ; as well as to add some stories and circumstances which tradition had preserved, concerning either Cicero himself or any of the chief actors whose characters I had delineated. But the Greek historians who treat professedly of these times, Plutarch, Appian, Dio, though they are all very useful for illustrating many important facts of ancient history, which woiild otherwise have been lost, or imperfectly transmitted to us, are not yet to be read ■without some caution ; as being strangers to the language and customs of Rome, and liable to frequent mistakes, as well as subject to prejudices in their relation of Roman affairs. Plutarch lived from the reign of Claudius to that of Hadrian, in which he died very old, in the possession of the priesthood of the Delphic Apollo ; and though he is supposed to have resided in Rome near forty years at different times, yet he never seems to have acquired a sufficient skill in the Roman language to qualify himself for the compiler of a Roman history. But if we should allow him all the talents requisite to an historian, yet the attempt of writing the lives of all the illustrious Greeks and Romans, was above the strength of any single man, of what abilities and leisure soever ; much more of one, who, as he himself tells us, Avas so engaged in public business, and in giving lectures of philosophy to the great men of Rome, that he had not time to make himself master of the Latin tongue ; nor to acquire any other knowledge of its words, than vhat he had gradually learnt by a previous use and experience of things^ ; his work therefore, from the very nature of it, must needs be superficial and imperfect, and the sketch rather than the completion of a great design. This we find to be actually true in his account of Cicero's life, where, besides the particular vistakes that have been charged upon him by other writers, we see all the marks of haste,. ' Nee tamen exprimi verbum e verbo necease erit, surrexpiit animo sedatiore ? — Erasm. Ep. ad Jo. at interpretes iudiscrti solent. — Cic. Dc Finib. iii. Ulatten. ^' ' Plutarch, in Vit. Demostfaen. init. et Vit. Plutaicbi Quit autem eumpeil hiijus libroa in manum. quin per Rualdum, e. 14. PREFACE. xiii inaccuracy, and want of due information, from the poverty and perplexity of the whole perfonnance. He huddles over Cicero's greatest acts in a summary and negligent manner, yet dwells upon his dreams and his jests, which for the greatest part were probably spurious ; and in the last scene of his life, which was of all the most glorious, when the whole councils of the empire and the fate and liberty of Rome rested on his shoulders, there he is more particularly trifling and empty, where he had the fairest opportunity of displaying his character to advantage as well as of illustrating a curious part of history, which has not been well explained by any writer, though there are the amplest materials for it in Cicero's Letters and Philippic Orations, of which Plutarch appears to have made little or no use. Appian flourished likewise in the reign of Hadrian', and came to Rome probably about the time of Plutarch's death, while his works were in everybody's hands, which he has made great use of, and seems to have copied very closely in the most considerable passages of his history. Dio Cassius lived still later, from the time of the Antonines to that of Alexander Severus ; and besides the exceptions that lie against him in common with the other two, is observed to have conceived a particular prejudice against Cicero, whom he treats on all occasions with the utmost malignity. The most obvious cause of it seems to be his envy to a man who for arts and eloquence was thought to eclipse the fame of Greece ; and, by explaining all the parts of philosophy to the Romans in their own language, had superseded in some measure the use of the Greek learning and lectures at Rome, to Avhich the hungry wits of that nation owed both their credit and their bread. Another reason not less probable may be drawn likewise from Die's character and principles, which were wholly opposite to those of Cicero : he flourished under the most tyrannical of the emperors, by whom he was advanced to great dignity ; and being the creature of despotic power, thought it a proper compliment to it to depreciate a name so highly revered for its patriotism, and whose writings tended to revive that ancient zeal and spirit of liberty for which the people of Rome were once so celebrated ; for we find him taking all occasions in his history to prefer an absolute and monarchical government to a free and democratical one, as the most beneficial to the Roman state «. These were the grounds of Die's malice to Cicero, which is exerted often so absurdly that it betrays and confutes itself. Thus in the debates of the senate about Antony, he dresses up a speech for Fufius Calenus, filled with all the obscene and brutal ribaldry against Cicero that a profligate mind could invent : as if it were possible to persuade any man of sense that such infamous stuff could be spoken in the senate at a time when Cicero had an entire ascendant in it ! who at no time ever suffered the least insult upon his honour without chastising the aggressor for it upon the spot 5 whereas Cicero's speeches in these very debates which are still extant, show that though they were managed with great warmth of opposition, yet it was always with decency of language between him and Calenus, whom, while he reprovesxand admonishes with his usual freedom, yet he treats with civility, and sometimes even with compliments'*. But a few passages from Dio himself will evince the justice of this censure upon him : He calls Cicero's father a fuller, who yet got his livelihood (he says) by dressing other people's vines and olives ; that Cicero was born and bred amidst the scourings of old clothes and the filth of dunghills j that he was master of no liberal science, nor ever did a single thing in his life worthy of a great man or an orator ; that he prostituted his wife ; trained up his son in drunkenness ; committed incest with his daughter ; lived in adultery with Cerellia, whom he owns at the same time to be seventy years old' ; all which palpable lies, with many more of the same sort that he ' Vide App. De Bell. Civ. 1. ii. p. 481. sine odio omnia; nihil sine dolore. [lb. vi.] Qua- S Vide Dio, 1. xliv. init. propter ut invitus saepe dissensi a Q. Fufio, ita sum ' Nam quod me tecum iraeunde agere dixisti solere, libenter assensus ejus sententiae : ex quo judicare non est ita. Velicmenter me agere fateor ; iracunde debetis me non cum homine solere, sed cum causa nego : omnino irasci amicis non temere soleo, ne si dissidere. Itaque non assentior solum, Bed etiam merentur quidem. Itaque sine verborum contumelia gratiasago Q. Fufio, &c. — Phil. xi. 6 a te dissentire possum, sine animi summo dolore non ' Vide Dio, 1. xlvi. p. 295, &c. possum. [Phil. viij. 5.] Satis muha cum Fufio, ac xiv PREFACE. tells of Cicero, are yet full aa credible as what he declares afterwards of himself, that hf. wcu admonitlitd and commanded by a rision/rom /learen, against his own will and inclination, to under- take the task of writing his history ''. Upon these collections from Cicero and the other ancients I finished the first draught of my history, before I began to inquire after the modern writers who had treated the same subject before me eitlier in wiiolo or in part. I was unwilling to look into them sooner, lest tliey should tix any prejudice insensibly upon me befonr I had formed a distinet judgnujnt on the real state of llie facts, as they ai)pcarcd to me from their original records. I'or in writing history, as in travels, instead of transcribing the relations of those who have trodden tiie same ground before us, we should exhibit a series of observations peculiar to ourselves, such as the facts and places suggested to our own minds from an attentive survey of them, without regard to what any one else may have delivered about them ; and though, in a production of this kind, where the same materials are common to all, many things must necessarily be said which had been observed already by others ; yet, if the author has any genius, there will always be enough of what is new to distinguish it as an original work, and to give him a riglit to call it his own, wliicli I flatter myself will be allowed tome in the following history. In this inquiry after the modern pieces which had any connexion with my argument, I got notice presently of a greater number than I expected, which bore the title of Cicero's Life ; but, upon running over as many of them as I could readily meet with, I was cured of my eagerness for hunting out the rest, since I perceived them to be nothing else but either trifling panegyrics on Cicero's general character, or imperfect abstracts of his principal acts, thrown together within the compass of a few pages in duodecimo. There are two books however which have been of real use to me, Sehastiani Corradi Quaestura and M. T. Ciceronis Ilistoria a Francisco Fabricio : the first was the work of an Italian critic of eminent learning, who Spent a great part of his life in explaining Cicero's writings, but it is rather an apolorn/ for Cicero than the history of his life ; its chief end being to vindicate Cicero's character from all the objections that have ever been made to it, and particularly from the misrepresentations of Plutarch and the calumnies of Dio. The piece is learned and ingenious, and Avritten in good Latin ; yet the dialogue is carried on with so harsh and forced an allegory of a quoestor or treasurer producing the several testimonies of Cicero's acts under the form of genuine money, in opposition to the s}>urious coins of the Greek historians, that none can read it with pleasure, few with patience. The observations however are generally just and well-grounded, except that the author's zeal for Cicero's honour gets the better sometimes of his judgment, and draws him into a defence of his conduct where even Cicero himself has condemned it. Fabricius's history is prefixed to several editions of Cicero's woi'ks, and is nothing more than a bare detail of his acts and writings, digested into exact order and distinguished by the years of Home and of Cicerd's life, without any explication or comment but what relates to the settlement of the time, which is the sole end of the work. But as this is executed with diligence and accuracy, so it has eased me of a great share of that trouble which I must otherwise have had in ranging my materials into their proper places, in which task however I have always taken care to consult also the Annals of Pighius. I did not forget likewise to pay a due attention to the French authors whose works happened to coincide with any part of mine, particularly the History oftlie two Triumvirates, of the Rewlutions of the Roman Government, and of the Exile of Cicero, which are all of them ingenious and useful, and have given a fair account of the general state of the facts which they profess to illustrate. But as I had already been at the fountain-head whence they had all drawn their materials, so the chief benefit that I received from them, was to make me review with stricter care the particular passages in which I differed from them, as well as to remind me of some few things which I had . omitted, or touched perhaps more slightly than they deserved. But the author of The Exile has treated his argument the most accurately of them, by supporting his story as he goes along •■ Dio, 1. ixxiii. p. 828. PREFACE. XV with original testimonies from the old autliors ; Tvliich is the only way of writing history that can give satisfaction or carry conviction along with it, by laying open the ground on which it is built, without which history assumes the air of romance, and makes no other impression than in proportion to our opinion of the judgment and integrity of the compiler. There is a little piece also in our own language called. Observations on the Life of Cicero, which, though it gives a very different account of Cicero from what I have done, yet I could not but read with pleasure, for the elegance and spirit with which it is written by one who appears to be animated with a warm love of virtue. But to form our notions of a great man from some slight passages of his writings or separate points of conduct, without regarding their connexion with the whole, or the figure that they make in his general character, is like examining things in a microscope which were made to be surveyed In the gross ; every mole rises into a mountain, and the least spot into a deformity : which vanish again into nothing when we contemplate them through their proper medium and in their natural light. I persuade myself therefore that a person of this writer's good sense and principles, when he has considered Cicero's whole history, will conceive a more candid opinion of the man, who, after a life spent in a perpetual struggle against vice, faction, and tyi-anny, fell a martyr at last to the liberty of his country. As I have had frequent occasion to recommend the use of Cicero's Letters to Atticus for their giving the clearest light into the history of those times, so I must not forget to do justice to the pains of one who, by an excellent translation and judicious comment upon them, has made that use more obvious and accessible to all ; I mean the learned Mr. Mongault, who, not content with retailing the remarks of other commentators, or out of the rubbish of their volumes with selecting the best, enters upon his task with the spirit of a true critic, and by the force of his own genius has happily Illustrated many passages which all the Interpreters before him had given up as inexplicable. But since the obscurity of these letters Is now in great measure removed by the labours of this gentleman, and especially to his own countrymen, for whose particular benefit and In whose language he writes, one cannot help wondering that the Jesuits, Catron and Rouille, should not think it worth while, by the benefit of his pains, to have made themselves better acquainted with them ; whicli, as far as I am able to judge from the little part of their history that I have had the curiosity to look Into, would have prevented several mistakes which they have committed, with regard both to the facts and persons of the Ciceronian age. But Instead of making free with other people's mistakes, it would become me perhaps better to bespeak some favour for my own. "An historian" says Diodorus Siculus, "may easily he pardoned for slips of ignorance, since all men are liable to them, and the truth hard to be traced from past and remote ages ; but those who neglect to inform themeselves, and through flattery to some or hatred to others knowinglif deviate from the truth, justly deserve to be censured.'^ For my part, I am far from pretending to be exempt from errors : all that I can say is, that I have committed none wilfully, and used all the means which occurred to me of defending myself against them. But since there Is not a single history, either ancient or modern, that I have consulted on this occasion, in which I cannot point out several, It would be arrogant in me to Imagine that the same inadvertency, or negligence, or want of judgment, may not be discovered also In mine : if any man therefore will admanish me of them with candour I shall think myself obliged to him, as a friend to my work, for assisting me to make it more perfect, and consequently more useful ; for my chief motive for undertaking It was, not to serve any particular cause, but to do a general good by oflfering to the public the example of a character which, of all that I am acquainted with in antiquity, is the most accomplished with every talent that can adorn civil life, and the best fraught with lessons of prudence and duty for all conditions of men, from the prince to the private scholar. If my pains therefore should have the effect which I propose, of raising a greater attention to the name and writings of Cicero, and making them better understood and more familiar to our youth, I cannot fail of gaining my end ; for the next step to admiring Is to Imitate, and it ^yI pukface is not possible to excito an affection for Cicero, witliout instilling an affection at the same time for every thing that is laudable : since how much soever people may differ in their opinion of his conduct, yet all have constantly agreed in their judgment of his works, that there are none now remaining to us from the Heathen world tliat so beautifully display and so forcibly recommend all those generous principles that tend to exalt and perfect human nature ; the love of virtue, liberty, our country, and of all numkind. I cannot support this reflection by a uetter authority than that of Erasmus, who, having contracted some prejudices against Cicero when young, makes a recantation of them when old in the following passage of a letter to his friend Ulattenus'. " When I was a boy," says he, " I was fonder of Seneca than of Cicero, and till I was twenty years old could not bear to spend any time in reading him ; while all the other writers of antiquity generally pleased mc. Whether my judgment be improved by age, I know not ; but am certain, that Cicero never pleased me so much when I was fond of those juvenile studies as he does now when I am grown old ; not only for the divine felicity of his style, but the sanctity of his heart and morals : in short, he has inspired my soul, and made me feel myself a better man. I make no scruple, therefore, to exhort our youth to spend their hours in reading and getting his books by heart, rather than in the vexatious squabbles and peevish controversies with wliicii the world abounds. For my own part, though I am now in the decline of life, yet as soon as I have finished what I have in hand, I shall think it no reproach to me to seek a reconciliation with my Cicero, and renew an old acquaintance with him, which for many years has been unhappily intermitted." Before I conclude this preface it will not be improper to add a short abstract, or general idea of the Roman (joternmeiit, from its first institution by Romulus to the time of Cicero's birth ; that those who have not been conversant in the affairs of Rome, may not come entire strangers to the subject of the following history. The constitution of Rome is very often celebrated by Cicero and other writers, as the most perfect of all governments ; being happily tempered and composed of the three different sorts that are usually distinguished from each other ; the monarchical, the aristocratical, and the popular'". Their king was elected by the people as the head of the republic ; to be their leader in war, the guardian of the laws in peace : the senate was his council, chosen also by the people, by whose advice he Avas obliged to govern himself in all his measures : but the sovereignty was lodged in the body of the citizens, or the general society, whose prerogative it was to enact laics, create magistrates, declare war" ; and to receive appeals in all cases, both from the king and the senate. Some writers have denied this right of an appeal to the pieople: but Cicero expressly mentions it among the regal constitutions, as old as the foundation of the city " ; which he had demonstrated more at large in his treatise on the liepublic ; whence Seneca has quoted a passage in confirmation of it ; and intimates, that the same right was declared likewise in the pontifical booksv. Valerius Maximus gives us an instance of it, which is confirmed also by Liivy, that Horatius being condemned to die by king Tullus for killing his sister, Kas acquitted upon his appeal to the jyeoplei. This was the original constitution of Rome even under their kings ; for in the foundation of a state, where there was no force to compel, it Avas necessary to invite men into it by all Erasm. Ep. aJ Jo. Ulatt. in Cic. Tuscul. Quscst. partim etiam legibns, auspicia, ca;ren)oniae, comitia, " Statuo esse optima constitutam rempublicam quai provocationes — divinitus essent instituta. — Tusc. ex tiibiis generibus illis, rcgali, optimo, et popular!, Quajst. iv. 1. eonfusa modice — Fragm. de Rep. ii. p CumCiceronislibros de republicapichendit — notat Cum in illis de republica libris persuadere videatur provocationem ad populum etiam a regibus fuisse. Africamis, omnium rerum pubiicarum nostram vote- Id ita in poniificalibus libris aliqui putant et Fenes* rem illam fuisse optimam.—De Legib. ii. 10 ; Poljb. tclla. — Senec. Ep. 108. vi. p. 460 ; Dion. Hal. ii. 82. i M. Horatius interfectse sororis crimine a TuUo " Dion. Hal. i. 87. rege damnatus, ad populum provoeato judicio abgolutu* • Nam cum a primo urbis ortu, regiis instituils, est. — Val. Max. viii. 1 ; Liv. i, 26. PREFACE. xvii proper encouragements ; and none could be so effectual as the assurance of liberty, and the privilege of making their own laws^ But the kings, by gradual encroachments, liaving usurped the whole administration to themselves, and by the violence of their government being grown intolerable to a city trained to liberty and arms, were finally expelled by a general insurrection of the senate and the people. This was the ground of that invincible fierceness and love of their country in the old Romans by which they conquered the world ; for the superiority of their civil rights, naturally inspired a superior virtue and courage to defend them ; and made them of course the bravest, as long as they continued the freest, of all nations. By this revolution of the government their old constitution was not so much changed, as restored to its primitive state : for thougli the name of king was abolished, yet the power was retained ; with tnis only difference, that instead of a single person chosen for life, there were two chosen annually, whom they called consuls, invested with all the prerogatives and ensigns of royalty, and presiding in the same manner in all the affairs of the republic" ; when to convince the citizens that nothing was sought by the change but to secure their common liberty, and to establish their sovereignty again on a more solid basis, one of the first consuls, P, Valerius Poplicola, confirmed by a new law their fundamental right of an appeal to them in all cases ; and by a second law, made it capital for any man to exercise a magistracy in Rome, without their special appointment ' : and as a public acknowledgment of their supreme authority, the same consul never appeared in any assembly of the people, without bowing his fasces or maces to them ; which was afterwards the constant practice of all succeeding consuls". Thus the republic reaped all the benefit of a kingly government, without the danger of it ; since the consuls, whose reign was but annual and accountable, could have no opportunity of invading its liberty, and erecting themselves into tyrants. By the expulsion of the kings, the city was divided into two great parties, the aristocratical and the popular, or the senate and the p)lehcians^, naturally jealous of each other's power, and desirous to extend their own ; but the nobles or patricians, of whom the senate was composed, were the most immediate gainers by the change, and with the consuls at their head, being now the first movers and administrators of all the deliberations of the state, had a great advantage over the people ; and within tlie compass of sixteen years became so insolent and oppressive, as to drive the body of the plebeians to that secession into the Sacred Mount whence they would not consent to return, till they had extorted a right of creating a new order of magistrates of their own body, called tribunes, invested with full powers to protect them ficm all injuries, and whose persons were to be sacred and inviolable''. The plebeian party had now got a head exactly suited to their purpose, subject to no control, whose business it was to fight their battles with the nobility ; to watch over the liberties of the citizens ; and to distinguish themselves in their annual oSice, by a zeal for the popular interest, in opposition to the aristocratical, who, from their first number five, being increased afterwards to ten, never left teazing the senate with fresh demands, till they had laid open to the plebeian ' Romulus seems to have borrowed the plan of his manebit, si unus omnibus reliquis magistratibus ira- new state from the old governme&t of Athens, as it penibit. — De Legib. iii. 7. was instituted by Theseus ; who prevailed with the ' Dion. Hal. v. 292. dispersed tribes and families of Attica to form them- " Vocato ad concilium populo, Bummissis fascibus in selves into one city, and live within the same walls, concionem ascendit.— Liv. ii. 7. under a free and popular government ; distributing its * Duo genera semper in hac civitatc fuerunt, — ex rights and honours promiscuously to them all, and quibus alteri se populares, alteri optimates et habcri et reserving no other prerogative to himself, but to be esse voluerunt. Qui ea, quae faciebant, quaequc dicebant» their captain in war, and the guardian of their jucunda multitudini esse volebant, populares ; qui laws, &c. — Plutarch, in Thes. p. 11. autem ita se gerebant, ut sua consilia optimo cuiquo • Sed quoniam regale civitatis genus, prohatum probarent optimates habebantur. — Pro Sext. 45. quondam, non tam regni, quam regis vitiis repudiatum J Dion, Hal. vi, 410. e«t ; nomen tamen videbitur regis repudiatum, res xviii PREFACE. fiimilies a promiscuous ri^lit to ull the magistracies of the rojiublic, and by tliat means a frco admission into tho senate. Thus far they were certainly in the right, and acted like true patriots ; and after many sharp contests l»ad now brought tho government of Rome to its perfect state ; when its honours were uo longer confined to particular families, but proposed equally and indifferently to every citizen who by his virtue and services, either in war or peace, c(jiild recommend himself to the notice and favour of hi:i countrymen ; while the true balance and temperament of power between tho senate and people, which was generally observed in regular times, and which the honest wished to establish in all times, was, that the senate should be the authors and advisers of all the public counsels, but the people give them their sanction and legal force. The tribunes, however, would not stop here, nor were content with securing the rights of the commons, without destroying those of the senate ; and as oft as they were disappointed in their private views, and obstructed in the course of their ambition, used to recur always to the populace, whom they could easily inflame to what degree they thought fit, by the proposal of factious laws for dividing tlie jmhlic lands to the poorer citizens ; or by the free distribution of com; or the abolition of all debts; which are all contrary to the quiet, and discipline, and public faith of societies. This abuse of the tribunitian power was carried to its greatest height by the two Gracchi, who left nothing unattempted that could mortify the senate, or gratify the people* ; till by their agrarian lairs, and other seditious acts, which were greedily received by the city, they had in great measure overturned that equilibrium of power in the republic on which its peace and prosperity depended. But the violent deaths of these two tribunes, and of their principal adherents, put an end to their sedition, and was the first civil blood that was spilt in the streets of Rome, in any of t^eir public dissentions, which till this time had always been composed by the methods of patience and mutual concessions. It must ^eem strange to observe how these two illustrious brothers, ■who of all men were the dearest to the Roman people, yet upon the first resort to arms, were severally deserted by the multitude in the very height of their authority, and suffered to be cruelly massacred in the face of the whole city ; which shows what little stress is to be laid on the assistance of the populace when the dispute comes to blows ; and that sedition, though it may often shake, yet will never destroy a free state while it continues unarmed and unsupported by a military force. But this vigorous conduct of the senate, though it seemed necessary to the present quiet of the city, yet soon after proved fatal to it ; as it taught all the ambitious, by a most sensible experiment, that there was no way of supporting an usurped authority but by force ; so that from this time, as we shall find in the following story, all those who aspired to extraordinary powers, and a dominion in the republic, seldom troubled themselves with what the senate or people were voting at Rome, but came attended by armies to enforce their pretensions, which were always decided by the longest sword. The popularity of the Gracchi was grounded on the real affections of the people, gained by many extraordinary privileges and substantial benefits conferred upon them ; but when force was found necessary to control the authority of the senate, and to support that interest which was falsely called popular, instead of courting the multitude by real services and beneficial laws, it was found a much shorter way to cornipt them by money ; a method wholly unknown in the times of the Gracchi, by which the men of power had always a number of mercenaries at their devotion, ready to ill the forum at any warning ; avIio by clamour and violence carried all before them in the public assemblies, and came prepared to ratify tchatever was proposed to them'' : this kept up the form of a legal proceeding ; while by the terror of arms, and a superior * Nihil immotum, nihil tranquillum, nihil quietum ferant, quse illi velint audire, qui in concione sunt ; denique in eodem statu relin,quebat, ^c^ Veil. Pat. sed pretio ac mercede perRciunt, ut, quicquid dicaiif, ii. 6, id illi velle audire videantnr. Num vos existimatis, » Itaqu^ homines seditiosi ac turbulent! — conductas Gracchos, aut Saturninutn, aut quenquam ilIonin> babent concionei, Neque id agunt, ut ea dicant et yeterum, qui populares habebantur, ullum uuquatu in PREFACE. ^^j^ force, the great could easily support, and carry into execution, whatever votes they had once procured in their favour by faction and bribery. After the death of the younger Gracchus, the senate was perpetually labouring to rescind or to moderate the laws that he had enacted to their prejudice ; especially one that affected them the most sensibly, by taking from them the right of judicature, which they had exercised from the foundation of Rome, and transferring it to the Tcnights. This act, however, was equitable ; for as the senators possessed all the magistracies and governments of the empire, so they were the men whose oppressions were most severely felt, and most frequently complamed of ; yet while the judgment of all causes continued in their hands, it was their common practice to favour and absolve one another in their turns, to the general scandal and injiu-y both of the subjects and allies, of which some late and notorious instances had given a plausible pretext for Gracchus's law. But the senate could not bear with patience to be subjected to the tribunal of an inferior order, which had always been jealous of their power, and was sure to be severe upon their crimes ; so that, after many fruitless struggles to get this law repealed, Q,. Servilius Csepio, who was consul about twenty-five years after, procured at last a mitigation of it, by adding a certain number of senators to the three centuries of the Icnights or equestrian judges ; with which the senate was so highly pleased that they honoured this consul with tlie title of their patron^. Caepio's law was warmly recommended by L. Crassui, the most celebrated orator of that age, who in a speech upon it to the people, defended the aiathority of the senate with all the force of his eloquence, in which state of things and in this very year of Csepio^ consulship, Cicero was bom ; and as Crassus's oration was published and much admired when he was a boy, so he took it, as he afterwards tells us, for the pattern both of his eloquence and his politics '. condone habuisse conductum ? Nemo habuit. — Pro annos, totidemque annis mihi aetate prsestabat. lis Sext. 49. enim consulibus eam legem suasit, quibus nos nati *" Is — consulatus decore, maximi pontificatus sacer- sumus. [Brut. p. 274.] Mihi quidem a puerltia, dotio, ut senatus patronus diceretur, assecutus. — Val. quasi magistra fuit ilia in legem Caepionis oratio : in Max. vi. 9. qua et auctoritas omatur senatus, pro quo ordine ilia <= Su%8it Serviliam legem Crassus — sed haec Crassi dicuntur. — Ibid. 278. turn edlta est oratio — quatuor et triginta turn habebat THE HISTORY LIFE OF MARCUS TULLIUS CICERO. SECTION I. coss. q. SERVILIUS riKPio, C. ATILIUS SERRANUS, Marcus Tullius Cicero was born on the third of January", in the six hundred and forty- seventh year of Rome, about a hun- dred and seven years before Christ^. His birth, if we believe Phitarch, was attended by prodigies, foretelling the future eminence and lustre of his cha- racter, which might have passed, he says, for idle dreams, had not the event soon con- firmed the truth of the prediction ; but since we have no hint of these prodigies from Cicero himself, or any author of that age, we may charge them to the credulity, or the invention of a writer, who loves to raise the solemnity of his story by the introduc- tion of something miraculous. His mother was called Helvia ; a name men- tioned in history and old inscriptions among the honourable families of Rome. She was rich, and well descended, and had a sister married to a Roman knight of distinguished merit, C. Aculeo, an inti- mate friend of the orator, L. Crassus, and celebra- ted for a singular knowledge of the law ; in which his sons likewise, our Cicero's cousins-german, were afterwards very eminent <^^. It is remarkable, that Cicero never once speaks of his mother in any pai't of his writings ; but his younger brother Quin- tus has left a little story of her, which seems to intimate her good management and housewifery ; how she used to seal all her wine-casks, the empty as well as the full, that when any of them were found empty and unsealed, she might know them to have been emptied by stealth ; it being the most Usual theft among the slaves of great families, to steal their master's wine out of the vessels''. As to his father's family, nothing was delivered « III Nonas Jan. natali meo.— Ep. ad Att. vii. 5 ; ib. xiii. 42. b This computation follows the common xra of Christ's birth, which is placed three years later than it ought to be. Pompcy the Great was born also in the same year, on the last of September.— Vld. Pigh. Ann.,l>lin. xxxvii. 2. e DeOrat. i. 43; ii. 1. * Siciit olim niatrem meam faeere memini, quae lagenas etiam inanes obsjgnabat, no dicerentur inanes aliquEE fulsse, quae furtim ossent cxsiccatas. — Ep. Fam. xvi. 26. Posset qui iicnoscere servis, £t ligno Ifso Don in^iamrc lagenx,— Hor. of it, but in extremes " : which is not to be won- dered at, in the history of a man, whose Ufe was so exposed to envy as Cicero's, and who fell a victim at last to the power of his enemies. Some derive his descent from kings, others from mechanics'; but the truth lay between both ; for his family, though it had never borne any of the great offices of the republic, was yet very ancient and honour- able S; of principal distinction and nobility in that part of Italy in which it resided ; and of equestrian rank'', from its first admission to the freedom of Rome. Some have insinuated, that Cicero affected to say but little of the splendour of his famUy, for the sake of being considered as the founder of it ; and chose to suppress the notion of his regal extraction, for the aversion that the people of Rome had to the name of king ; with which, however, he was some- times reproached by his enemies'. But those spe- culations are wholly imaginary ; for as oft as there was occasion to mention the character and condition of his ancestors, he speaks of them always with great frankness, declaring them to have been con- e See Plutarch's Life of Cicero. f Regia progenies et TuUo sanguis ab alto. — Sil. Ital. e Hinc enim orti stirpc antiquisslnia : hie sacra, hio genus, hie majorum uuilta vestigia. — Do Leg. ii. I, 2. h The equestrian dignity, or that order of the Roman people which we commonly call knights, had nothing in it analogous or similar to any order of modern knight- hood, but depended entirely upon a census, or valuation of their estates, which was usually made every five years by the censors, in their lustrum, or general review of the whole people, when all those citizens, whose entire for- tunes amounted to the value of four hundred sestertia, that is, of 3229^ of our money, were enrolled of course in the list of cquitcs or knights, who were considered as a middle order between the senators and the common people, yet without any other distinction than the privi- lege of wearing a gold ring, which was the peculiar badge of their order. [Liv. xxiii. 12; Plin. Hist, xxxiii. I.] The census, or estate necessary to a senator, was double to that of a knight : and if ever they reduced their for- tunes below that standard, they forfeited their rank, and were struck out of the roll of their order by the censors. Si quadringentis sex septem millia desint, Plebs cris. IIoR. Ep. i. 1. 57. The order of knights therefore included in it the Whole provincial nobility .and gentry of the empire, which had not yet obtained the honour of the Senate. ' Vid. Sebast. Corrad. Qusestura, pp. 43, 44. THE HISTORY OF THE LIFE OF tent with tluir jiiittrnal fortuiics, and the private honours of their own city, witlumt Ihc ambition of ai>i>t'iirin;,' on the public sta;,'i- of lionii;. Tims in a spoc-ch to the ])coplc upon his aJvunccmi-nt to the consulship, 1 linve no iirelenee, says he, to enlarge before vou, upon the praises of my ancestors; not but that they were all sueh as myself, who am descended from their blood, and trained by their discipline ; l)iit because they lived without this ajjplause of i)0])ular fame, and the splendour of these honours, ■which vou confer''. It is on this account therefore, that we tind him so often called a new man ; not that his family was new or ifjnoble, but because lie was the first of it, who ever sought and obtained the public magistracies of the state. The place of his birth was Arpinum ; a city anciently of the Samnites, now part of the kingdom of Naples ; which, upon its submission to Rome, accpdred the freedom of the city, and was inserted into the Cornelian tribe. It had the honour also of producing the great C. Marius ; which gave occa- sion to Pompey to say in a public speech, that Rome was indebted to this corporation for two citizens, who had, each in his turn, preserved it from ruin'. It may justly therefore claim a place in the memory of posterity, for giving life to such ■worthies, who exemi)lified the character which Pliny gives of true glory, by doing what deserved to be written, and writing what deserved to be read ; and making the world the happier and the better for their having lived in it'". The territoiy of Arpinum was rude and mountain- ous, to which Cicero applies Homer's description of Ithaca, — rprjX"' ^^^' ayaO)] KovpoTp6e Lege Agrar. con. Rull. ad Quirites, 1. 1 De Legib. ii. 3; VaJ. Maxim, ii. 2. a Plin. Ep. o Ad Att ii. ) 1 ; Odyss. ix. 27. " De Legib. ii. 1, 2, 3. fulness of the place, than that it is now possessed by a convent of monks, and called the Villa of St. Dominic''. Strange revolution I to see Cicero's jiorticocs converted to monkish cloisters ! the seat of the most refined reason, wit, and learning, to a nursery of sujierstition, bigotry, and enthusiasm ! What a jjleasure must it give to these Dominican Inquisitors, to trample on the ruins of a man, whose writings, by sjireading the light of reason and liberty through the world, have been one great instrument of obstructing their unwearied jjains to enslave it ! Cicero, being the first-born of the family, re- ceived, as usual, the name of his fatlier and grand- father, Marcus. This name was properly personal, equivalent to that of baptism with us, und imposed with ceremonies somewhat analogous to it, on the ninth day, called the lustrical.or dayof jjurification'; when the child was carried to the temple by the friends and, relations of the family, and, before the altars of the gods, recommended to the protection of some tutelar deity. Tullius was the name of the family ; which, in old language, signified flowins; streams, or ducts of water, and was derived, therefore, probably from their ancientsituation.at the confiuence of the two rivers'. The third name was generally added on account of some memorable action, quality, or accident, which distinguished the founder, or chief person, of the family. Plutarch says, that the surname of Cicero was owdng to a wart or excrescence on the nose of one of his ancestors, in the shape of a vetch, which the Romans called cicer^ : but Pliny tells us, more credibly, that all those names, which had a reference to any species of grain, as the Fabii, Len- tuli, &c. were acquired by a reputation of being the best husbandmen or improvers of that species'. As Tullius, therefore, the family name, was derived from the situation of the farm, so Cicero, the sur- name, from the culture ot it by vetches. This, I say, is the most probable ; because agriculture was held the most liberal employment in old Rome, and those tribes, which resided on their farms in the country, the most honouraijie ; and this very grain, from which Cicero drew his name, was, in all ages of the republic, in great request with the meaner people ; being one of the usual largesses bestowed upon them by the rich, and sold everywhere in the theatres and streets ready parched or boiled for pre- sent use". Cicero's grandfather was living at the time of his birth ; and from the few hints which are left of him, P Appresso la Villa di S. Domenico ; bora cosi nominato questo luogo, ove nacque Cicerone, oome dice Pietro Marso, laquale Villa e discosta da Arpino da tre miglia. — Vid. Leand. Alberti Descrittione d'ltalia, p. 267- 1 Est Nundlna Romanoi-um dea, a nono n.^scentium die nuncupata, qui lustricus dicitur ; est autem dies lustricus, quo infantes lustrantur et nomen accipiunt. — Macrob. Sat. i. 16. •■ Pompeius Festus in voce Tullius. s Tliis has given rise to a blunder of some sculptors, who, in the busts of Cicero, liave formed the resemblance of this vetch on his nose ; not reflecting, that it was the name only, and not the vetch itself , which was transmitted to him by his ancestors. t Hist. Nat. xviii. 3, 1. n In cicere, atque faba, bona tu perdasque lupinis, Iiatus ut in circo spatiere, aut aneus ut stes. IIoR. Sat. 1. ii. 3. 182. Nee, siquid fricti ciceris probat et nucis em tor. Ars Poet. 24fl. MARCUS TULLIUS C^ICERO. «eems to have been a man of business and interest in his country*. He was at the head of a party in Arpinum, in opposition to a busy turbulent man, M. Gratidius, wliose sister he had married, who was pusliing forward a popular law, to oblige the town to transact all their affairs by ballot. The cause was brought before the Consul Scaurus ; in which old Cicero behaved Inmself so well, that the consul paid him the compliment to wish that a man of his spirit and virtue would come and act with them in the great theatre of the republic, and not confine his talents to tlie narrow s])here of his own corporation >'. There is a saying likewise recorded of this old gentleman, That the men of those times were like the Syrian slaves — the more Greek they knew, the greater knaves they were^ ; which carries with it the notion of an old patriot, severe on the importation of foreign arts, as destructive of the discipline and manners of his country. This grand- father had two sons — Marcus the elder, the father of our Cicero; and Lucius, a particular friend of the celebrated orator M. Antonius, whom he ac- companied to his government of Cilicia* ; and who left a son of the same name, frequently mentioned .by Cicero with great affection, as a youth of excel- lent virtue and accomplishments''. His father Marcus also was a wise and learned man, whose merit recommended him to the fami- liarity of the principal magistrates of the republic, especially Cato, L. Crassus, and L. Csesar^ ; but being of an infirm and tender constitution, he spent 'his life chiefly at Arpinum, in an elegant retreat and the study of polite letters''. But his chief employment, from the time of his having sons, was to give them the best education which Rome could afford, in hopes to excite in them an ambition of breaking through the indo- lence of the family, and aspiring to the honours of the state. Tliey were bred up with their cousins, the young Aculeos, in a method approved and directed by L; Crassus ; a man of the tirst dignity, as well as the first eloquence in Rome, and by tliose very masters whom Crassus himself made use of*. The Romans were of all people the most careful and exact in the education of their children : their « De Legib. ii. 1. y Ac nostro quidem hiiic, cum res esset ad se delata, Consul Scauius, utinam. inquit, 51. Cicero, isto animo atque virtute, in siimma reimblica nobiscum versari, quam in municipal! voluisse;-!— Ibid. iii. 16. ^ Nostros homines similes esse Syrorum venalium ; ut quisque optime Grsece sciret, ita esse nequissimum. — De Orat. ii. G6. N.B. — A great part of the slaves in Rome were Syrians for the pirates of Cilicia, wlio used to infest the coasts oi Syria, carried all their captives to the market of Delos, and sold them there to tlie Greeks, through whose hands they usually passed to Rome : those slaves, therefore, who had lived tlie longest with their Grecian masters, and consequently talked Greek the best, were the most prao- ■tised in all the little tricks and craft that servitude natu- rally teaches ; which old Cicero, like Cato the Censor, imputed to the arts and manners of G.-cece itself. — Vid. Adr. Tiu-neb. in jocos Ciceronis. « De Orat. ii. 1. b De Finib. v. 1 ; ad Att. i. 5. « Ep. Fam. xv. 4; De Orat. ii. ]. •• Qui cum os.set infirm.a valetudine, hie fere aitatem egit in Uteris.— Do Legib. ii. 1. e Cumque nos cum eonsobrinis nostris, Aoiileonis filiis, ■et ea disceremus, quae Crasso placerent, et ab iis doctori- •■ijus, quibus illo uteretur, eruoiicmiu-.— De Orat. ii. 1. attention to it began from the moment of their birth ; when they committed them to the care of some prudent matron of reputable character and condition, whose business it was to form their first habits of acting and speaking ; to watch their growing passions, and direct them to their proper objects ; to superintend their sports, and suffer nothing immodest or indecent to enter into them ; that tlic mind preserved in its innocence, nor de- praved by a taste of false pleasure, might be at liberty to pursue whatever was laudable, and apply its whole strength to that profession, in which it desired to excel f. It was the opinion of some of the old masters, that children should not be instructed in letters till they were seven years old ; but the best judges advised, that no time of culture should be lost, and that their literary instruction should keep pace with their moral ; that three years only should be allowed to the nurses, and when they first began to speak, that they should begin also to learn p. It was reckoned a matter likewise of great importance, what kind of language they were first accustomed to hear at home, and in what manner not only their nurses, but their fathers and even mothei's, spoke ; since their first habits were then necessarily formed, either of a pure or corrupt elocution : tlius the two Gracchi were thought to owe that elegance of speaking, for which they were famous, to the institution of their mother Cornelia ; a woman of great politeness, whose epistles were read and admired long after her death for the purity of their language ''. This probably was a part of that domestic disci- pline, in which Cicero was trained, and of which he often speaks ; but as soon as he was capable of a more enlarged and liberal institution, his father brought him to Rome, where he had a house of his own', and placed him in a public school, under an eminent Greek master, which was thought the best way of educating one who was designed to appear on the public stage, and who, as Quintilian ob- serves, ought to be so bred as not to fear the sight of men, since that can never be rightly learned in solitude, which is to be produced before crowds''. Here he gave the first specimen of those shining abiUties, which rendered him afterwards so illus- trious ; and his school-fellows carried home such stories of his extraordinaiy parts and quickness in learning, that their parents were often induced to visit tlie school, for the sake of seeing a youth of such surj^rising talents'. About this time a celebrated rhetorician, PIo- tius, first set up a Latin school of eloquence in Rome, and had a great resort to him"'. Young Cicero was very desirous to be his scholar, but was f Eligebatur auteni aliqua uuijcjr natu propinqua, cujus probatis speetatisquc nioribus, omnis cujuspiam faniiliae soboles committeretur, &e. — qu£e disciplina et severitas CO pertinebat, ut sincera et Integra et nullis pravitatibus detorta uniuscuj usque natura, toto statim pectore arri- peret artes honegtas, &o.— Tacit. Dial, de Oratorib. 28. t; Quintil. i. 1. 1' Ibid. ; it. in Brut. p. 319, edit. Sebast. Corradi. ' This is a farther proof of the wealth and flourishing condition of liis family ; since the rent of a moderate house in Rome, in a reputable part of the city, fit for one of equestrian rank, was about two hundred pounds sterling per annum. ^ Quintil. i. 2. ' Plutarch, in hie Life, ■n Bueton. de Claris Rhetoribus, c. 2. B a THE HISTORY OF THE LIFE OF over-niU'il in it by tlie adviop of the It'arned, who thought the tirock masters mure useful in forming him to tlie liar, for which he was designed. This metliod of l)e£!;inuing with Greek is approved by Quintilian ; because the Latin would come of itself, and it seemed most natural to begin from the fountain, whence all the Roman learning was derived : yet the rule, he says, must be jiractised with some restriction, nor the use of a foreign lan- guage pushed so far to the neglect of the native, as to ac(|uire with it a foreign accent and vicious pronunciation". Cicero's father, encouraged by the promising genius of his son, spared no cost nor pains to im- prove it by the help of the ablest masters, and among the other instructors of his early youth, put him under the care of the poet Archias, who came to Rome with a high reputation for learning and jioetry, when Cicero was about five years old, and lived in the family of LucuUus" : for it was the custom of the great in those days to entertain in their houses the principal scholars and philosophers of Greece, with a liberty of opening a school, and teaching, together with their own children, any of the oit.er young nobility and gentry of Rome. Under this master, Cicero a))plied himself chiefly to poetry, to which he was naturally addicted ; and made such a proficiency in it, that while he was still a boy, he composed and published a poem, called Glaucus Pontius, which was extant in Plu- tarch's time''. After finishing the course of these puerile stu- dies, it was the custom to change the habit of the boy for that of the man, and take what they called the manly gown, or the ordinary robe of the citi- zens : this was an occasion of great joy to the young men ; who, by this change, passed into a state of greater liberty and enlargement from the power of their tutors i. They were introduced at the same time into the forum, or the great square of the city, where the assemblies of the people were held and the magistrates used to harangue to them from the rostra, and where all the public pleadings and judicial proceedings were usually transacted : this therefore was the grand school of business and eloquence ; the scene on which all the affairs of the empire were determined, and where the foun- dation of their hopes and fortunes was to be laid : so that they were introduced into it with much solemnity, attended by all the friends and depend- ants of the family; and after divine rites performed in the capitol, were committed to the special pro- tection of some eminent senator, distinguished for his eloquence or knowledge of the laws, to be in- structed by his advice in the management of civU affairs, and to form themselves by his example for useful members and magistrates of the republic. Writers are divided about the precise time of changing the puerile for the manly gown : what seems the most probable is, that in the old re- " Qumtil. i. 1. o Pro Archia, i. 3. P Plutarch. This Glaucus was a fisherman of Anthe- don, in Bceotia ; who, upon eating a certain herb, jumped into the sea, and became a sea-god : the place was ever after called Glaucus's Leap ; where there was an oracle of tho god, in great vogue with all seamen ; and the story furnished the argument to one of .^schylus's tragedies. — Pausan. Bceot. c. '22. 9 Cum prhnum pa vide custos mihi purpura oessit. Perb. Sat. V Pers. Sat. V. 30. ' public is was never done till the end of the seven* teenth year ; but when the ancient discipline begaa. to relax, parents, out of indulgence to their chil- dren, advanced this fera of joy one year earlier, and gave them tlie gown at sixteen, which was the custom in Cicero's time. Under the emperors it was graiiteil at pleasure, and at any age, to the great or their own relations ; for Nero received it from Claudius, when he just entered into his four- teenth year, which, as Tacitus says, was given before the regular season ^ Cicero being thus introduced into the forum, was placed under the care of Q. Mucins Scsevola the augur, the princijial lawyer, as well as states- man of that age ; who had passed through all the offices of the republic, with a singular reputation of integrity, and was now extremely old. Cicero never stirred from his side ; but carefully treasured up in his memory all the remarkable sayings which dropt from him, as so many lessons of prudence for his future conduct " ; and after his death applied him- self to another of the same family, Scsevola the high-priest, a person of equal character for probity and skill in the law ; who, though he did not pro- fess to teach, yet freely gave his advice to all the young students who consulted him'. Under these masters he acquired a complete knowledge of the laws of his country ; a foundation useful to all who design to enter into public affairs; and thought to be of such consequence at Rome, that it was the common exercise of boys at school, to learn the laws of the Twelve Tables by heart, as they did their poets and classic autliors". Cicero particularly took such pains in this study, and was so well acquainted with the most intricate parts of it, as to be able to sustain a dispute on any question with the greatest lawyers of his age " : so that in pleading once against his friend S. Sulpicius, he declared, by way of raillery, what he could have made good likewise in fact, that if he provoked him, he would profess himself a lawyer in three days' timeJ". The profession of the law, next to that of arms and eloquence, was a sure recommendation to the first honours of the republic^, and for that reason was preserved as it were hereditary in some of the noblest families of Rome''; who, by giving their advice gratis to aU who wanted it, engaged the favour and observance of their fellow citizens, and. acquired great authority in all the affairs of state. It was the custom of these old senators, eminent for their wisdom and experience, to walk every morning up and down the forum, as a signal of their offering themselves freely to all, who had occasion to consult them, not only in cases of law, but in their private and domestic affairs'*. But in- f Ann. xii. 41 ; Vid. Norris Cenotaph. ; Pisan. Disser. ii, c. 4 ; It. Sueton. August. 8 ; et Notas Pitisci. » De Amicit. 1. « Brut. p. 89. edit. Seb. Corradi. " De Legib. ii. 23. ^ Ep. Fam. vii. 22. 7 Pro Murasna, 13. ^ Ibid. 14. " Quorum vero patres .aut majores aliqua gloria praesti- terunt, ii student plerumque in eodem genere laudis excel- lere: utQ. Mucius P. filius, injurccivili.— Off. i. 32. ii. 19. 1> !M. vero Manilium nos ctlani vidimus trans^'crso am- bulantem foro ; quod crat insigne, euni, qui id faceret^ facere civibus omnibus consilii sui copiam. Ad quos olim et ita ambulantes et in solio sedentes domi ita adibatur, non solum ut de jure civili ad eos, verum etiam de filiak^ coUocanda — de omni denique aut officio aut ncgotio refer- retur.— De Orat. iii. 33, MARCUS TULLIUS CICERO. later times they chose to sit at home \nt]\ their doors open, in a kind of throne or raised seat, like the confessors in foreign churches, giving access and audience to all people. This was the case of the two Scajvolas, esjiecially the augur, whose house was called the oracle of the city '^; and who, in the Marsic war, when worn out with age and infirmities, gave free admission every day to all the citizens, as soon as it was light, nor was ever seen by any in his bed during that whole war''. But this was not the pomt that Cicero aimed at, to guard the estates only of the citizens : his views were much larger ; and the knowledge of the law ■was but one ingredient of many, in the character which he aspired to, of a universal patron, not only of the fortunes, but of the lives and liberties, of his countrymen ; for that was the proper notion of an orator, or pleader of causes, whose profession it was to speak aptly, elegantly, and copiously, on every subject which could be offered to liim, and whose art therefore included in it all other arts of the liberal kind, and could not be acquired, to any perfection, without a competent knowledge of whatever was great and laudable in the universe. This was his own idea of what he had undertaken* ; and his present business therefore was, to lay a foundation fit to sustain the weight of this great character : so that while he was studying the law under the Scsevolas, he spent a large share of his time in attending the pleadings at the bar, and the public speeches of the magistrates, and never passed one day without writing and reading some- thing at home ; constantly taking notes, and making comments on what he read. He was fond, when very young, of an exercise, which had been recom- mended by some of the great orators before him, of reading over a number of verses of some esteemed poet, or a part of an oration, so carefully as to retain the substance of them in his memory, and then deliver the same sentiments in different words, the most elegant that occurred to him. But he soon grew weary of this, upon reflecting, that his authors had already employed the best words which belonged to their subject ; so that if he used the same, it would do him no good : and if different, would even hurt him, by a habit of using worse. He applied himself therefore to another task of more certain benefit, to translate into Latin the select speeches of the best Greek orators, which gave him an opportunity of observing and employing all the most elegant words of his own language, and of enriching it at the same time with new ones, borrowed or imitated from the Greek '^. Nor did he yet neglect his poetical studies ; for he now translated Aratus on the Phenomena of the Heavens, into Latin verse, of which many fragments are still extant ; and published also an original poem of the heroic kind, in honour of his countryman C INIarius. This was much admired, and often read by Atticus ; and old Scaevola was so pleased with it, that in an epigram, which he seems to have made upon it, he declares, that it would live as long « Est enini sine dubio domus jurisconsulti totius ora- lulum civitatis. Testis est hujusce Q,. JNIucii janua et vestibuliun, quod in ejus infirmiseima valetudine, affec- taque jam aetate, maxima quolidie frequeiitia civium, ao Bummoriun hominum splcndore culebratur. — De Orat. i. 45. •' Philip, viii. 10. < De Orat. i. 5, 6, 13, 18. f De Orator, i 34. I as the Roman name and learning subsisted c. There remains still a little specimen of it, describing a memorable omen given to Marius from the oak of Arpinum, which from the spirit and elegance of the description shows, that his poetical genius was scarce inferior to his oratorical, if it had been cul- tivated with the same diligence''. He published another poem also, called Limon ; of which Donatus has preserved four lines in the life of Terence, in praise of the elegance and purity of that poet's style'. But while he was employing himself in these juvenile exercises for the improvement of his invention, he appUed himself with no less industry to philosophy, for the enlargement of his mind and understanding ; and, among his other masters, was very fond at this age of Phaedrus the Epicurean : but as soon as he had gained a little more experi- ence and judgment of things, he wholly deserted and constantly disliked the principles of that sect ; yet always retained a particular esteem for the man, on account of his learning, humanity, and politene£s'\ The peace of Rome was now disturbed by a domestic war, which writers call the Italic, Social, or Marsic. It was begun by a confederacy of the principal towns of Italy, to support their demand of the freedom of the city. The tribune Drusus had made them a promise of it, but was assassin- ated in the attempt of publishing a law to confer it. This made them desperate, and resolve to extort by force what they could not obtain by entreaty'. They alleged it to be unjust to exclude them from the rights of a city which they sustained by their arms ; that in aU its wars they furnished twice the number of troops which Rome itself did ; and had raised it to all that height of j^ower, for which it now despised them'". This war was carried oa for above two years, with great fierceness on both sides, and various success : two Roman consuls were killed in it, and their armies often defeated ; till the confederates, weakened also by frequent losses, and the desertion of one ally after another, were forced at last to submit to the superior fortune of Rome". During the hurry of the war, the s Eaque, ut ait Sca;vola de fratris mei Mario, — canescet sscclis innumeiabilibus. — De Leg. i. 1. h Hie Jovis altisoni subito pinnata satellee Arboris e trunco, serpentis saucia morsu, Subjugat ipsa feris ti-ansfigens unguibus anguem Semianimum, et varia gi'aviter cervice micantem ; Quem se intorquentem lanians rostroque cruentac-s, Jam satiata animos, jam duros ulta dolores, Abjicit efflantem, et laceratum adfligit in unda, Seque obitu a solis, njtidos convertit ad ortus. H;inc ubi prsepetibus pennis lapsuque volantem Cduspexit JMarius, divini niiminis augur, Faustaque signa suae laudis, reditusque notavit; Partibus intonuit cceli Pater ipse sinistris. Sic aquilffi clarum iirmavit Juppiter omen. De Divin. i. 47. ' We have no account of the argument of this piece, cr of the meaning of its title ; it was probably nothing more than the Greek word Keifidiv, to intimate that the poem, like a meadow or garden, exhibited a variety of different fancies and flowers. The Greeks, as Pliny says, were fond of giving such titles to their books as nai'5eKTai,'E7xe»- pidiov, \iif^div, &c., [Prjcf. Hist. Nat.,] and PamphUu* the Grammarian, as Suidas tells us, published a AiifiiiVf or a collection of various subjects. — Vid. in PampbiL li Ep. Fam. xiii. 1. ' Philip, xii. 27. m Veil. Pat. ii. 15. " Flor. iii. IB. THE HISTORY OF THE LIFE OF business of the forum was intcrniitteil ; the greatest part of the magistrates, as well as the pleaders, being jHTSonally engaged in it : Hortensius, the most flourishing young orator at the bar, was a volunteer in it the tirst year, and commanded a regiment the second". Cicero likewise took the opportunicy to make a ninipaign, along with the consul Cn. Ponipcius Stralio, the fatiur of I'oinpcy the Great : this was H constant jiart of the education of the young nohility, to learn the art of war by personal service, under some general of name and c.\))cricnce ; for, in an empire raised and supported wholly by arms, a reputation of martial virtue was the shortest and surest way of rising to its highest honours ; and the constitution of the government was such, tliat ns their generals could not make a figure even in camps, without some institution in the politer arts, especially that of speaking gracefully p ; so those wlio applied themselves to the peaceful studies, and the management of civil affairs, were obliged to acquire a competent share of military skill, for the sake of governing provinces, and commanding armies, to which they all succeeded of course from the administration of the great offices of the state. In this expedition Cicero was present at a con- ference between Pompeius the consul, and Vettius the general of the Marsi, who had given the Romans a cruel defeat the year before, in which fche Consul Riitilius was killed''. It was held in sight of the two camps, and managed with great decency : the consul's brother Sextus, being an old acquaintance of Vettius, came from Rome on purpose to assist at it ; and at the first sight of each other, after lamenting the unhappy circumstance of their meet- ing at the head of opposite armies, he asked Vettius by what title he should now salute him, of friend or enemy.'' to which Vettius replied, " Call me friend by inclination; enemy, by necessity'." Which shows, that these old warriors had not less politeness in their civU, than fierceness in their hostile, encounters. Both Marius and Sylla served as lieutenants to the consuls in this war, and commanded separate armies in different parts of Italy : but Marius per- formed nothing in it answerable to his great name and former glory : his advanced age had increased his caution ; and after so many triumphs and con- sulships, he was jealous of a reverse of fortune ; so that he kept himself wholly on the defensive, and, like old Fabius, chose to tire out the enemy by declinmg a battle ; content with snatching some little advantages, that opportunity threw into his hands, without suffering them however to gain any against him». Sylla, on the other hand, was ever active and enterprising : he had not yet obtained the consulship, and was fighting for it, as it were, in the sight of his fellow-citizens ; so that he was constantly urging the enemy to a battle, and glad of every occasion to signalise his military talents, and eclipse the fame of Msurius ; in which he succeeded to his wish, gained many considerable victories, and took several of their cities by storm, particularly Stabise, Brut. 425. V Quantum dicendi gravitate et copia valeat, in quo ipso inest qusedam dignitas imperatoria.— Pro Lege Manilla, 14. 1 Appian. Bell. Civ. p. 376. «■ Quem te appellem, inquit ? at ille ; Voluntate hos- pitem, necessitate hostem. — rhil. xii. 11. • Plutar. in Mar, a town of Campania, which he utterly demolished*', Cicero, who seems to have followed his camp, as the chief scene of the war, and the best school for a young volunteer, gives an account of one action,, of which he was eye-witness, executed with great vigour and success ; that, as Sylla was sacrificing before his tent in the fields of Nola, a snake hap- l)encd to creep out from the bottom of the altar ; upon which Postumius the liaruspcx, who attended the sacrifice, proclaiming it to be a fortunate omen, called out upon him to lead his army immediately against the enemy. Sylla took the benefit of the admonition ; and drawing out Ids troops without delay, attacked and took the strong camp of the Sanniites under the walls of Nola". This action was thought so glorious, that Sylla got the story of it painted afterwards in one of the rooms of his Tusculan villa". Thus Cicero was not less diligent in the army, than he was in the forum, to observe everything that jiassed ; and contrived always to be near the person of the general, that no action of moment might escape his notice. Upon the breaking out of this war, the Romans gave the freedom of the city to all tlu^ towns which continued firm to them ; and at the end of it, after the destruction of three hundred thousand lives, thought fit, for the sake of their future quiet, to grant it to all the rest : but this step, which they considered as the foundation of a perpetual peace, was, as an ingenious writer has observed, one of the causes that hastened their ruin ; for the enor- mous bulk to which the city was swelled by it, gave' birth to many new disorders, that gradually cor- rupted and at last destroyed it ; and the discipUne of the laws, calculated for a people whom the same walls would contain, was too weak to keep in order the vast body of Italy : so that from this time chiefly, all affau's were decided by faction and vio- lence, and the influence of the great, who could bring whole towns into the forum from the remote parts of Italy, or pour in a number of slaves and' foreigners under the form of citizens ; for when the names and persons of real citizens could no longer be distinguished, it was not possible to know, whe- ther any act had passed regularly by the genuine suffrage of the peoples'. The Italic war was no sooner ended, than another broke out, which, though at a great distance from Rome, was one of the most difficult and desperate in which it ever was engaged, against Mithridates, king of Pontus, a martial and powerful prince, of a restless spirit and ambition, with a capacity equal to the greatest designs ; who, disdaining to see all' his hopes blasted by the overbearing power of Rome, and confined to the narrow boundary of his heredi- tary dominion, broke through his barrier at once, and over-ran the lesser Asia like a torrent, and in one day caused eighty thousand Roman citizens to be massacred in cold blood^. His forces were ' Plut. in Sylla. In Campano autem agro Stabise oppi- dutn fuere usque ad Cn. Pompeiuni et L. Carbonem con- sules, pridieKalendas Mail, quo dieli. Sylla, Icgatus bello sociali, id delevit, quod nunc in viUas abiit. Intercidit ibi et Taurania. — Plin. Hist N. iii. 5. ^ In Sylla; scriptum historia videmus, quod te inspec- tante factum est, ut quiun ille in agro Nolano immolaret ante pra;torium, ab inflma ara subito anguis emergeret, quuni quidem C. Postumius haruspex orabat ilium, &c.— De Divin. i. 33 ; ii. 30. ^ Plin. Hist. N. xxii. 6. >" Be la Grandeur des Remains, &c., c. 9. • Pro Lege Manil. 3. MARCUS TULLIUS CICERO. answerable to the vastness of his attempt, and the inexpiable war that he had now declared against the republic : he had a fleet of above four hundred ships, with an army of two hundred and fifty thou- sand foot, and fifty thousand horse ; all completely armed, and provided with military stores, fit for the use of so great a body *• Sylla, who had now obtained the considship, as the reward of his late services, had the pro\lnce of Asia allotted to him, with the command of the war against Mithridates'' : but old IMarius, envious of his growing fame, and desirous to engross every commission which offered either power or wealth, engaged Sulpicius, an eloquent and popular tribune, to get that allotment reversed, and the command transferred from Sylla to himself, by the suffrage of the people. This raised great tumults in the city between the opposite parties, in which the son of Q. Pompeius the consul, and the son-in-law of SyUa, was killed. Sylla happened to be absent, queUing the remains of the late commotions near Nola ; but, upon the news of these disorders, he hastened with his legions to Rome ; and having entered it after some resistance, drove Marius and his accomplices to the necessity of saving them- selves by a precipitate flight. This was the begin- ning of the first civil war, properly so called, which Rome had ever seen, and what gave both the occa- sion and the example to all the rest that followed. The tribune Sulpicius was taken and slain; and Marius so warmly pursued, that he was forced to plunge himself into the marshes of Minturnum, up to the chin in water ; in which condition he lay concealed for some time, till being discovered and dragged out, he was preserved by the compassion of the inhabitants who, after refreshing him from the cold and hunger which he had suffered in his flight, furnished him with a vessel and all necessa- ries to transport himself into Africa'^. Sylla in the meanwhile having quieted the city, and proscribed twelve of his chief adversaries, set forward upon his expedition against Mithridates ; but he was no sooner gone, than the civil broils broke out afresh between the new consuls, Cinna and Octavius, which Cicero calls the Octavian war'^. For Cinna, attempting to reverse all that SyUa had established, was driven out of the city by his col- league, 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 hostUe manner, and, with the most horrible cruelty, put all Sylla's friends to the sword, without regard to age, dignity, or former services. Among the rest fell the Consul Cn. Octa^-ius, the two brothers L. Ctesar and C. CjEsar, P. Crassus, and the orator, M. Antonius, whose head, as Cicero says, was fixed upon that rostra, where he had so strenuously defended the republic when consul, and preserved the heads of 80 many citizens ; lamenting, as it were ominously, the misery of that fate which happened afterwards to himself, from the grandson of this very Anto- • Appian. Bell. Mithridat., init. p. 171. »> Id. Bell. Civ. 1. i. 383. « Pro Plan. 10. This accoimt, that Cicero gives more than once, of Marius's escape, makes it probable, that the common story of the Gallic soldier, sent into the prison to kill him, was forged by some of the later writers, to make the relation more tragical and affecting. <1 De DiF. i. 2 ; PhUip. siv. 8. nius. Q. Catulus also, though he had been Marius's colleague in the considship and his victory over the Cimbri, was treated with 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"^. Cicero saw this memorable entry of his country- man Marius, who, in that advanced age, was so far from being broken, he says, by his late calamity, that he seemed to be more alert and \-igorous thau ever ; when he heard him recountuig to the people, in excuse for the cruelty of his return, the many miseries which he had lately suffered ; when he was driven from that countiy wluch he had saved from destruction ; when all his estate was seized and plundered by his enemies ; when he saw his young son also the partner of his distress ; when he was almost drowned in the marshes, and owed his life to the mercy of the Minturnensians ; when he was forced to fly into Africa in a small bark, and become a suppUant to those to whom he had given king- doms : but that since he had recovered his dignity, and all the rest that he had lost, it should be his care not to forfeit that virtue and courage which he had never lost'. Marius and Cinna having thus got the republic into their hands, declared them- selves consuls : but Marius died unexpectedly, as soon almost as he was inaugurated into his new dignity, on the 13th of January, in the 70th year of his age ; and, according to the most probable account, of a pleuritic fever ?. His birth was obscure, though some call it eques- trian ; and his education wholly in camps, where he learnt the first rudiments of war under the greatest master of that age, the younger Scipio, who destroyed Carthage ; tUl by long sendee, dis- tinguished valour, and a peculiar hardiness and patience of discipline, he advanced himself gra- dually through all the steps of military honour, with the reputation of a brave and complete sol- dier. The obscurity of his extraction, which de- pressed him with the nobility, made him the greater favourite of the people, who, on aU occasions of danger, thought kim the only man fit to be trusted with their lives and fortimes, or to have the com- mand of a difficult and desperate war: and in truth, he twice delivered them from the most desperate with which they had ever been threatened by a foreign enemy. Scipio, from the observation of his mar- tial talents, while he had yet but an inferior com- mand in tlie army, gave a kind of prophetic testi- mony of his future glory : for being asked by some of his officers, who were supping with him at Nu- mantia, what general the republic would have, in case of any accident to himself ; That man ! replied he, pointing to jNIarius, at the bottom of the table. In the field he was cautious and provident ; and while he was watching the most favourable oppor- tunities of action, affected to take all his measvires ' Cum necessariis Catnli deprecantibusnon semel respon- dit, sed sa;pe, moriatnr.— Tusc. Disp. v. 19 ; DeOxai, iii. 3, f Post Red. ad Quir. 8. g Plutarch, in Mar. The celebrated orator L. Crassus died not long before of the same disease, which might probably be then, as I was told in Rome that it is now, the peculiar distemper of the place. The modern Romans call it puntura, which seems to carrj- the same notion, that the old Romans expressed by percussus frigore ; intimating the sudden stroke of cold, upon a body un- usually heated. 8 THE HISTORY OF THE LIFE OF from autnirs and diviners ; nor ever gave battle, till, P)y pretended omens and divine admonitions, he had inspired his soldiers with a eonlidence of \nctory : so that his enemies dreaded him, as something more than mortal ; and botli friends and foes believed him to act always by a ])e<-u!iar impulse and direc- tion from the gods. His merit, however, was wholly military, void of every accomplishment of learning, which he ojteidy afl'ected to despise ; so that Arpi- nam liad the singular felicity to produce the most glorious contemner, as well as the most illustrious improver, of the arts and eloquence of Rome. He made no figure, therefore, in the gown, nor had any other way of sustaining his authority in the city, than by cherishing the natural jealousy between the senate and tlie peoi)le ; that by his declared enmity to the one, he might (vlways be at the head of the other, whose favour ho managed, not with any view to the public good, for he had nothing in him of the statesman or the patriot, but to the advance- ment of his private interest and glory. In short, be was crafty, cruel, covetous, perfidious ; of a temper and talents greatly serviceable abroad, but turbulent and dangerous at home ; an implacable enemy to the nobles, ever seeking occasions to mor- tify them, and ready to sacrifice the republic, which he had saved, to his ambition and revenge. After a life spent in the perpetual toils of foreign or do- mestic wars, he died at last in his bed, in a good old age, and in his seventh consulship ; an honour that no Roman before him ever attained ; which is urged b} Cotta, the Academic, as one argument amongst others, against the existence of a Provi- dence *■. The transactions of the forum were greatly inter- rupted by these civU dissensions ; in which some of the best orators were killed and others banished. Cicero however attended the harangues of the ma- gistrates, who possessed the rostra In their turns : and being now about the age of twenty-one, drew up probably those rhetorical pieces which were published by him, as he tells us, when very young, and are supposed to be the same that still remain, on the subject of Invention ; but he condemned and retracted them afterwards in his advanced age, as unworthy of his maturer judgment, and the work only of a boy, attempting to digest into order the precepts, which he had brought away from school '. In the meanwhile, Philo, a })hilosopher of the first name in the academy, with many of the principal Athenians, fled to Rome from the fury of Mithri- dates, who had made himseJf master of Athens, and h Natus equestri loco. [Veil. Pat. ii. 11.] Se P. African! discipulum ac militcm. [pro Balb. 20 ; Val. Max. viii. 15.] Populus Romanus non alium repellendis tantis hostibus magis idoneum, quam Marium est ratus. [Veil. Pat. ii. 1:2.] Bis Italian! obsidionc ct motu libcravit servitutis. [in Cat. iv. 10.] Onines sotii atque hostes credere, iUi.aut mentem divinani esse, aut deorum niitu cuncta portendi. [Sallust. Bell. Jug. 92.] Conspicua3 felicitatis Arpinum.sive unicum literariim gloriosissimum contemptorem, sive abundantissimum fontcm intucri velis. [Val. Max. ii. 2.] Quantum bellnoptimustantum pace pessimus ; immodicus filoriae insatiabilis, inipotens, sempcrque inquietus. [Veil. Pat. ii. 11.] Cur omnium pertidiosissimus, C. Marius, Q. Catulum, prsestantissiuia dignitate viruia, mori potuit jubere ? — cur tarn feliciter, septinium consul, domi sua; senex est mortiius? [De Nat. Deor. iii. 32.] ' Qusc pueris aut adolescentulis nobis, ex commen- tarinlis nostris inchoata ac riulia e.\ciderunt, vix liac jBtate digna, et hoc usu, &c. — De Orat. i. 2; Quintil. 1. iii. 6. all the neighbouring parts of Greece. Cioero im- mediately became his scholar, and was exceedingly taken with liis jjhilosophy ; and by the help of such a professor, gave himself up to that study with the grcate*' inclination, as there was cause to ap])rchend that the laws ami judicial ])roceedings, which he hewl designed for the ground of his fame and fortunes, would be wholly overturned by the continuance of the public disorders ^. But Cinna's party having quelled all opposition at home, while Sylla was engaged abroad in the Mithridatic wai", there was a cessation of arms within the city for about three years, so that the course of i)ublic business began to flow again in its usual channel; and Molo the Rhodian, one of the principal orators of that age, and the most cele- brated teacher of eloquence, happening to come to Rome at the same time, Cicero presently took the benefit of his lectures, and resumed his oratorical studies with his former ardour '. Hut the greatest s])ur to his industry was tlie fame and splendour of Hortensius, who made the first figure at the bar, and whose praises fired him with such an ambition of acquiring the same glory, that he scarcely allowed himself any rest from his studies either day or night. He had in the house with him Diodotus the Stoic, as his preceptor in various parts of learning, but more particularly in logic, which Zeno, as he tells us, used to call a close and contracted eloquence, as he called eloquence an enlarged and dilated logic ; comparing the one to the fist or hand doubled ; the other, to the palm opened ". Yet with all his atten- tion to logic, he never suffered a day to pass with- out some exercise in oratory, chiefly that of de- claiming, which he generally performed with his fellow students, M. Piso and Q. Pompeius, two young noblemen a little older than himself, with whom he had contracted an intimate friendship. They declaimed sometimes in Latin, but much oftener in Greek ; because the Greek furnished a greater variety of elegant expressions, and an opportunity of imitating and introducing them into the Latin ; and because the Greek masters, who were far the best, could not correct and improve them, unless they declaimed in that language ". In this interval Sylla was performing great exploits against Mithridates, whom he had driven out of Greece and Asia, and confined once more to his own territory ; yet at Rome, where Cinna was master, he was declared a public enemy, and his estate confiscated. This insult upon his honour and fortunes made him very desirous to be at home again, in order to take his revenge upon his adver- saries : so that after all his success in the war, he was glad to put an end to it by an honourable peace ; the chief article of which was, that Mithri- dates should defray the whole expense of it, and content himself for the future with his hereditary kingdom. On his return, he brought away with ^ Eodem tempore, cum prineeps aoademiae Philo, cum Atheniensimn optimatibus, Mithridatico hello dome pro- fugissct, Romanique venisset, totum ei me tradidi, &c. — Brut. 4.30. ' Eodem anno Moloni dedimus operam. — Ibid. '" Zeno quidem ille, a quo disciplina Stoicorum est manu demonstrare solebat, quid inter has artes interesset. Nam cum compresserat digitos, pugnimique fecerat, dialecticam aiebat ejusmodi esse ; cum autem diduxerat, et manum dilatavcrat, palms illius similem eloquentiam esse dicebat — Orator. Z.'iy. edit. Lanit, n Brut. pp. .137, 433. MARCUS TULLIUS CICERO. 9 him from Athens the famous library of Apellicon, the Teian, in which were the works of Aristotle and Theophrastus, that were liartUy known before in Italy, or to be found indeed entire anywhere else". He wrote a letter at the same time to the senate, setting forth his great services, and the ingratitude with which he had been treated ; and acquainting them, that he was coming to do justice to tlie re- public and to himself upon the authors of those violences. This raised great terrors in the dty, •which, having lately felt the horrible effects of Marius's entry, expected to see the same tragedy acted over again by Sylla. But while his enemies were busy in gatherhig forces to oppose him, Cinna, the chief of them, was killed in a mutiny of his own soldiers. Upon this SyUa hastened his march, to take the benefit of that disturbance, and landed at Brundisium with about thirty thousand men. Hither many of the nobility presently resorted to him, and among them young Pompey, about twenty-three years old, who, without any public character or commission, brought along with him three legions which he had raised by his own credit out of the veterans who had served under his father. He was kindly received by Sylla, to whom he did great service in the progress of the war, and was ever after much favoured and employed by him p. Sylla now carried all before him : he defeated one of the consuls, Norbanus, and by the pretence of a treaty with the other consul, Scipio, found means to corrupt his army, and draw it over to himself' : he gave Scipio however his life, who went into a voluntary exile at Marseilles''. The Dew consuls chosen, in the mean time, at Rome were Cn. Papirus Carbo and yovmg Marius ; the first of whom, after several defeats, was driven out of Italy, and the second besieged in Prseneste ; where being reduced to extremity, and despairing of relief, he wrote to Damasippus, then prsetor of the city, to call a meeting of tlie senators, as if ■upon business of importance, and put the principal of them to the sword. In this massacre many of the nobles perished, and old Scsevola, the high- priest, the pattern of ancient temperance and pru- dence, as Cicero calls him, was slain before the altar of Vesta'* : after which sacrifice of noble blood to the manes of his father, young Marius put an end to his own life. Pompey at the same time pursued Carbo into Sicily ; and having taken him at Lilybeum, sent ^ his head to Sylla, though he begged his life in an abject manner at his feet: this drew some reproach upon Pompey, for killing a man to whom he had been highly obliged on an occasion where his father's honour and his own fortunes were attacked. But this is the constant effect of factions in states, to make men prefer the interests of a party, to all the considerations either of private or public duty ; and it is not strange, that Pompey, young and ambitious, should pay more regard to the power of Sylla, than to a scruple of honour or Pint. Life of Sylla. P Appian. Bell. Civ. I. i. 397, 399. 1 Sylla cum Scipione inter Cales et Teanum — leges inter 80 et txinditiones contulcrunt ; non tenuit omnino collo- quium illud fidem, a vi tamen et periculo abfuit.— Philip. xlL 11. » Pro Sextio, 3. > De Nat. Deor, iii. 38. gratitude'. Cicero, however, says of this Carbo, that there never was a worse citizen, or more wicked man" : which will go a great way towards excusing Pompey's act. Sylla having subdued all who were in arms against him, was now at leisure to take his full revenge on their friends and adherents ; in which, by the detestable method of a proscription, of which he was the first author and inventor, he exer- cised 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, besides the crime of party, wliich was pardoned to none, it was fatal to be possessed of money, lands, or a pleasant seat ; all manner of licence being indulged to an insolent army, of carving for themselves what fortunes they pleased y. In this general destruction of the Marian faction, J. Csesar, then about seventeen years old, had much difficulty to escape with his life : he was nearly alUed to old Marius, and had married Cin- na's daughter ; whom he could not be induced to put away, by all the threats of Sylla, who, con- sidering him for that reason as irreconcileable to his interests, deprived him of his wife's fortune and the priesthood, which he had obtained. Csesar tjierefore, apprehending still somewhat worse, thought it prudent to retire and conceal himself in the country, where, being discovered accidentally by Sylla's soldiers, he was forced to redeem his head by a very large sum : but the intercession of the vestal virgins, and the authority of his powerful relations, extorted a grant of his life very unwillingly from Sylla, who bade them take notice, that he, for whose safety they were so solicitous, would one day be the ruin of that aristocracy, which he was then establishing with so much pains, for that he saw many Mariuses in one Csesar^. The event confirmed Sylla's prediction ; for by the experience of these times, young Csesar was in- structed both how to form and to execute that scheme, which was the grand purpose of his whole life, of oppressing the liberty of his country. ' Scd nobis tacentibus Cn. C';irbonis, a quo admodum adolescens de paternis bonis in foro dimioans protectus cs, jussu tuo interenipti mors animis hominum obver- sabitur, non sine aliqua reprchcnsione : quia tarn ingrato facto, plus L. Sylla; viribus, quam propria; indulsisti vere- cundijE Val. Max. v. 3. u Hoc vero, qui Lilybei a Pompeio nostro est interfec- tus, improbiornemo, meo judicio, fuit. — Ep. Fam. ix. 21. X Primus ille, et utinam ultimus, exemplum proscrip- tionisinvenit, &c. — Veil. Pat. ii. 28. N.B.— The manner of proscribing was, to write down the names of those who were doomed to die, and expose them on tables fixed up in the public places of the city, with the promise of a certain reward for the head of each person so proscribed. So that though Marius and Cinna massacred their enemies with the same cruelty in cold blond, yet they did not do it in the way of proscription, nor with the offer of a reward to the muiderers. 7 Namque uti quisque domum aut villam, postremo aut vas aut vestimentum alicujus concupiverat, dabat operam, ut is in proscriptorum numero esset.— Ncque prius finis jugulandi fuit, quam Sylla omnes suos divitiis explevit— Sallust. Bell. Cat. c. 51 ; Plutar. in Syll. z Scirent eum, quem incolumem tanto opere cuperent, quandoque optimatium partibus, quas secum simul de- fendissent, exitio futurum ; nam Ca;sari multos Marios inesse. [Sueton. J. Ca;3. c. 1 ; Plutar. in C«8.] Cinns gener, cujus filiam ut repudiaret, nuUo modo compelli potuit.— Veil. Pat. ii. 42. 10 TIIK HISTORY OF THE LIFE OF As soon as the proscriptions were over, and the scene grown a little calm, L. Flacciis, being chosen interrex, ilcclart-d Sylla dictator for settling tlie state of the ri])ul)lic without any limitation of time, and ratified whatever he had done, or shoidd do, by a sjiecial law, that empoweircd him to put any citizen to death without hearing or trial". This office of dictator, which in early times had oft been of singidar service to the repuljlic in cases of diffi- culty and distress, was now grown odious and sus- pected, in the present state of its wealth and ]iower, as dangerous to the public liberty, and for that reason had been wholly disused and laid aside for one hundred and twenty years past**: so that Flaccus's law was the pure effect of force and terror ; and though pretended to be made by the people, was utterly detested by tiicm. Sylla, how- ever, being invested by it with absolute authority, 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 consti- tution of it, from a democratical to an aristocratical form, by advancing the prerogative of the senate, and depressing that of the people. He took from the equestrian order the judgment of all causes, which they had enjoyed from the time of the Gracchi, and restored it to the senate; deprived the people of the right of choosing the priests, and replaced it in the colleges of priests : but above all, he abridged the immoderate power of the tri- bunes, which had been the chief source of all their civil dissensions ; for he made them incapable of any other magistracy after tlie tribunate ; restrained the liberty of appealing to them ; took from them their capital privilege, of proposing laws to the people ; and left them nothing but their negative ; or, as Cicero says, the power only of helping, not of hurting, any one*-'. But that he might not be suspected of aiming at a perpetual tyranny, and a total subversion of the republic, he suffered the consuls to be chosen in the regular manner, and to govern, as usual, in all the ordinary affairs of the city ; whilst he employed himself particularly in reforming the disorders of the state, by putting his new laws in execution ; and in distributing the confiscated lands of the adverse party among his legions : so that the republic seemed to be once more settled on a legal basis, and the laws and judicial proceedings began to flourish in the forum. About the same time Molo the Rhodian came again to Rome, to sohcit the payment of what was due to his country, for tlieir services in the Mithridatic war ; which gave Cicero an opportunity of putting himself a second time under his direction, and perfecting his oratorical talents by tlie farther instructions of so renowned a master '' : whose abilities and character were so highly reverenced, that he was the first of all foreigners, who was ever allowed to speak to the senate in Greek without an interpreter =. Which shows in what vogue the Greek learning, and especially eloquence, flourished at this time in Rome. a Do Leg. Agrar. con. Rull. iii. 2. b Cujus honoris usurpatio per annos cxx in+crniissa— ut appareat populum Romanum usum dictatoris non lam desidcrasse, quam timuisse potestatem imperii, quo priores ad vinsfcicandam maximis pcriculis rempublicam usi fuerant.— Veil. Pat. ii. 28. « De Legib, iii. 10; It. vid. Piffh. AnnaJ. ad A. Urb. Sja. d Brut. p. 4*1. Cicero had now run through all that course of discipline, which he lays down as necessary to form- the com])lete orator : for, in his treati-^e on that subject, he gires us his own sentiments in the per- son of Crassus, on the institution requisite to that character ; declaring, that no man ought to pretend to it, without being ]>reviously acquainted with everything wortli knowing in art or nature ; that this is implied in the very name of an orator, whose l)rofession it is to speak upon every subject which can be proi)osed to liim ; and whose eloquence, without the knowledge of what he speaks, would be the prattle only and impertinence of children'. He had learned the rudiments of grammar and lan- guages from the ablest teachers ; gone through the studies of humanity and the politer letters with the poet Archias ; been instructed in jihilosophy by the principal professors of each sect; Phaedrus the Epi- curean, Philo the Academic, Diodotus the Stoic : acquired a perfect knowledge of the law, from the greatest lawyers, as well as the greatest statesmen, of Rome, the two Sc;evolas : all which accomplish- ments wei'e but ministerial and subservient to that, on which his hopes and ambition were singly placed, the reputation of an orator. To qualify himselli therefore, particularly for this, he attended the pleadings of all the speakers of his time ; heard the daily lectures of the most eminent orators of Greece, and was perpetually composing somewhat at home, and declaiming under their correction : and that he might neglect nothing, which could help in any degree to improve and polish his style, he spent the intervals of his leisure in the company of the ladies ; especially of those who were re- markable for a politeness of language, and whose fathers had been distinguished by a fame and repu- tation of their eloquence. While he studied the law, therefore, under Scaevola the augur, he fre- quently conversed with his wife Ltelia, whose discourse, he says, was tinctured with all the eleg-ance of her father Lselius, the politest speaker of his ageS: he was acquainted likewise with her daughter Mucia, who married the great orator L. Crassus ; and with her grand-daughters, the two Licinise ; one of them, the wife of L. Scipio ; the other, of young Marius ; who all excelled in that delicacy of the Latin tongue, which was peculiar to their families, and valued themselves on pre- serving and propagating it to their posterity. Thus adorned and accomplished, he offered him- self to the bar about the age of twenty-six ; not as others generally did, raw and ignorant of their business, and wanting to bo formed to it by use and experience^; but finished and qualified at once to sustain any cause which should be committed to him. It has been controverted both by the ancients and moderns, what was the first cause in which he was engaged : some give it for that of P. Quinctius ; others, for S. Roscius : but neither of them are in the right ; for in his oration for e Eum ante omnes exterarum gentium in senatu sine iiitcrprete auditum constat. — Val. JIax. ii. 2. f Ac mott quidem sententia, nemo poterit esse onuii laude cumulatus orator, nisi erit omnium rorum magna- rum atque artium scientiam consecutus. — De Orat. i. 6. U.2. e Legimus epistolas CorneliEe, matris Graochorum— aiiditus est nobis Laslise, Caii filiae, sa;pe sermo : ergo Ulam pati'is elegantia tinctani vidimus ; et filiaa ejus Mtroiaa ambits, quarum sermo niilii fuit notus, &c. — Brut. 319. MARCUS TULLIUS CICERO. 1* Quinctius he expressly declares, that he had pleaded other causes before it; and in that for Roscius, says only, that it was the first public or criminal cause, in which he was concerned : and it is rea- sonable to imagine, that Le had tried his strength, and acquired some credit in private causes, before he would venture upon a public one of that im- portance ; agreeably to the advice, which Quinc- tilian gives to his young pleaders', whose rules are generally drawn from the practice and example of Cicero. The cause of P. Quinctius was, to defend him from an action of bankruptcy, brought against him by a creditor who, on pretence of his having for- feited his recognizance, and withdrawn himself from justice, had obtained a decree to seize his estate, and expose it to sale. The creditor was one of the public criers who attended the magistrates, and, by his interest among them, was likely to oppress Quinctius, and had already gained an advantage against him by the authority of Hortensius, who was his advocate. Cicero entered into the cause, at the earnest desire of the famed comedian, Roscius, whose sister was Quinctius's wife'' : he endeavoured at first to excuse himself; alleging, that he should not be able to speak a word against Hortensius, any more than the other players could act with any spirit before Roscius ; but Roscius would take no excuse, having formed such a judg- ment of him as to think no man so capable of supporting a desperate cause, against a crafty and powerful adversary. After he had given a specimen of himself to the city in this, and several other private causes, he undertook the celebrated defence of S. Roscius of Ameria, in his 27th year ; the same age, as the learned have observed, in which Demosthenes first began to distinguish himself in Athens ; as if in these geniuses of the first magnitude that was the proper season of blooming towards maturity. The case of Roscius was this : — His father was killed in the late proscription of Sylla ; and his estate, worth about 60,000/. sterling, was sold among the con- fiscated estates of the proscribed, for a trifling sum to L. CorneUus Chrysogonus, a young favourite slave whom Sylla had made free, who, to secure his possession of it, accused the son of the murder of his father, and had provided evidence to convict him ; so that the young man was likely to be de- prived, not only of his fortune, but, by a more villanous cruelty, of his honour also and his life. All the old advocates refused to defend him, fearing the power of the prosecutor, and the resentment of Sylla' ; since Roscius's defence would necessarily lead them into many complaints on the times, and the oppressions of the great : but Cicero readily undertook it, as a glorious opportunity of enlisting himself into the service of his country, and giving a public testimony of his principles and zeal for that liberty, to which he had devoted the labours of Ills life. Roscius was acquitted, to the great honour of Cicero ; whose courage and address in defending him was applauded by the whole city ; so >> Brut. 433. i Quintil. xii. 6. ^ Pro Quinct. 24. • Ita loqui homines ; — huic patronos propter C'lirysogoni gratiam defuturos, — ipso nomine parricidii et atrocitate criminis fore, ut hio nuUo negotio tolleretur, cum a nullo defensussit. — Patronos huic defuturos putaverunt ; desunt. Qui libere dicat, qui cum fide defendat, non deest profecto, Judiccs. — Pro Roscio Amer. 10, 11, that from this moment he was looked upon as an advocate of the first class, and equal to the greatest causes'". Having occasion, iu the course of his pleading, to mention that remarkable punishment which their ancestors had contrived for the murder of a parent, of sowing the criminal alive into a sack, and throwing him into the river, he says, that the meaning of it was, to strike him at once as it were out of the system of nature, by taking from him the air, the sun, the water, and the earth ; that he, who had destroyed the author of his being, should lose the benefit of those elements, whence all things derive their being. They would not throw him to the beasts, lest the contagion of such wickedness should make the beasts themselves more furious : they would not commit him naked to the stream, lest he should pollute the very sea, which was the purifier of all other pollutions ; they left him no share of anything natural, how vile or common soever ; for what is so common as breath to the living, earth to the dead, the sea to those who float, the shore to those who are cast up .' Yet these wretches live so, as long as they can, as not to draw breath from the air ; die so as not to touch the ground ; are so tossed by the waves as not to be washed by them ; so cast out upon the shore as to find no rest even on the rocks". This passage was received with acclamations of applause ; yet, speaking of it afterwards himself, he calls it the redundancy of a juvenile fancy, which wanted the correction of his sounder judgment ; and, like all the compositions of young men, was not applauded so much for its own sake, as for the hopes which it gave of his more improved and ripened talents "*. The popularity of his cause, and the favour of the audience, gave him such spirits, that he exposed the insolence and villany of the favourite Chryso- gonus with great gaiety ; and ventured even to mingle several bold strokes at SyUa himself ; which he took care, however, to palliate, by observing that, through the multiplicity of Sylla's affairs, who reigned as absolute on earth as Jupiter did in heaven, it was not possible for him to know, and necessaiy even to connive at, many things which his favourites did against his will p. He would not complain, he says, in times like those, that an innocent man's estate was exposed to public sale ; for were it allowed to him to speak freely on that head, Roscius was not a person of such consequence that he should make a particular complaint on his account ; but he must insist upon it, that by the law of the proscription itself, whether it was Flac- cus's the interrex, or Sylla's the dictator, for he knew not which to call it, Roscius's estate was not forfeited, nor liable to be soldi. In the conclusion, he puts the judges in mind, that nothing was so much aimed at by the prosecutors in this trial, as, by the condemnation of Roscius, to gain a prece- dent for destroying the children of the proscribed: he conjures them, therefore, by all the gods, not to be the authors of reviving a second proscription, more barbarous and cruel than the first ; that the senate refused to bear any part in the first, lest it should be thought to be authorised by the public "' Prima causa publica, pro S. Roscio dicta, tantuiE com- mendationis habuit, ut non ulla esset, quse non nostro digna patrocinio videretur. Deinceps inde multffi.— Brut. 434. " Pro Rose. 26. " Orat. 258. ed. Lamb. P Pro Rose. 45. 1 Ibid. 43. 12 TJIK IIISTOUV OF THE LIFE OF council ; that it was their business by this sen- tence to jmt a stop to that spirit of cruelty, which then posscssi'il tlie city, so pernicious to tlie re- public, nud so contrary to the temper and character of their ancestors. As by tliis defence he acquired a great reputation in his youth, so he reflects upon it with pleasure in old age, and reitoniinends it to his son, as the surest wav to true glory and authority in his coun- try, to defend the innocent in distress, especially when they happen to be oppressed by the power of the f^reat ; as 1 have often done, says he, in otiier causes, but particularly in that of Roscius, against Sylla himself in the height of his jiower''. A noble lesson to all advocates, to apply their talents to (lie protection of innocence and injured virtue ; and to make justice, not profit, the rule and end of their labours. Plutarch says, that presently after this trial Cicero took occasion to travel abroad, on pretence of his health, but in reality to avoid the efl'ects of Sylla's displeasure ; but there seems to be no ground for this notion ; for Sylla's revenge was now satiated, and his mind wholly bent on restoring the public tranquillity ; and it is evident, that Cicero continued a year after this in Rome without any apprehension of danger, engaged, as before, in tlie same task of pleading causes" ; and in one espe- cially, more obnoxious to Sylla's resentment, even than that of Roscius : for in the case of a woman of Arretiuni, he defended the right of certain towns of Italy to the freedom of Rome, though S'yila himself had deprived them of it by an express law; maintaining it to be one of those natural rights, ■which no law or power on earth could take from thera : in which also he carried his point, in oppo- sition to Cotta, an orator of the first character and abilities, who pleaded against him '. But we have a clear account from himself of the real motive of his journey : my body, says he, at this time was exceedingly weak and emaciated ; my neck long and small ; which is a habit thought liable to great risk of life, if engaged in any fatigue or labour of the lungs ; and it gave the greater alarm to those who had a regard for me, that I used to speak without any remission or variation, •with the utmost stretch of my voice, and great agitation of my body ; when my friends, therefore, and physicians, advised me to meddle no more with causes, I resolved to run any hazard, rather than quit the hopes of glory which I proposed to myself from pleading : but when I considered, that by managing my voice, and changing my way of speaking, I might both avoid all danger, and speak with more ease, I took a resolution of travelling into Asia, merely for an opportunity of correcting my manner of speaking : so that after I had been •■ TJt nos ct saepe alias et adolescentes, contra L. Sull» dominantis opes pro S. Roscio Amerino feclmus : quse, ut scis, extat oratio De Offic. ii, 14. s Prima causa publioa pro S. Roscio dicta — deinceps inde niultse — itaque cum essem biennium versatus in cau- Bis.— Brut. pp. 434, 437. t Populus Romanus, L. Sulla dictatore fcrente, comitiis centuriatis, municipiis civitatem adeniit : adeniit iiBdcni agros: de agris ratuin eet : fuit enini populi pot^stas : de civjtate ne. tamdiu quidem valuit, (luanidiu ilia Sullani temporis arma valuerunt. — Atque ego banc adoloseentulus causam cum agerem, contra homin*m disertissimuiu, contradicente Cotta, et Sulla vivo, judicatum est« — Pro £)om. ad Pontif. 33 ; pro Csjoina, 33. two years at the bar, and acquired a reputation la tiic forum. I left Rome, &c." He was twenty-eight years old, when he set for- ward upon his travels to Greece and Asia — the fashionaiile tour of all those, who travelled either for curiosity or improvement : his first visit was to Athens, the capital seat of arts and sciences, where sonic writers tell us tliat lu; sjicnt three years", though in truth it was but six months, lie took up his quarters with Antiochus, the principal pliiloso- ])her of the old Academy ; and under this excellent master renewed, he says, those studies which he liad been fond of from his earliest youth. Here he met with his school-fellow T. Pomponius, who, from his love to Athens, and Ids sjicnding a great jiart of his days in it, obtained the surname of Atticus-^ ; and here they revived and confirmed that memorable friendship which subsisted between them through life with so celebrated a constancy and affection. Atticus, being an Epicurean, was often drawing Cicero from his host Antiochus to tlie conversation of Phccdrus and old Zeno, the chief professors of that sect, in hopes of making him a convert ; on which subject they used to have many dis))utes between themselves : but Cicero's view in these visits was but to convince himself more effectually of the weakness of that doctrine, by observing how easily it might be confuted, w-hen explained even by the ablest teachers^. Yet he did not give himself up so entirely to philosophy as to neglect his rhetorical exercises, which he per- formed still every day very diligently with Deme- trius the Syrian, an experienced master of the art of speaking '>. It was in this first journey to Athens, that he was initiated most probably into the Eleusinian myste- ries : for, though we iiave no account of the time, yet we cannot fix it better than in a voyage under- taken both for the improvement of his mind and body. The reverence v,ith which he always speaks of these mysteries, and the hints that he has dropped of their end and use, seem to confirm what a very learned and ingenious writer has delivered of them, that they were contrived to inculcate the unity of God, and the immortality of the soul*". As for the first, after obsei^ving to Atticus, who was one also of the initiated, how the gods of the popular reli- gions were all but deceased mortals advanced from earth to heaven, he bids him remember the doctrine of the mysteries, in order to recollect the univer- sality of that truth : and as to the second, he declares his initiation to be in fact, what the name itself implied, a real beginning of life to him ; as it taught the way, not only of living with greater pleasure, but of dying also with a better hope"^. « Brut. 437. ^ Eusebii Chron. y Pomponius — ita enim so Atheniscollocavit, ut sitpaent imus ex Atticis et id etiam cognomine videatur habiturus. — De Fin. v. 2. * De Fin. i. 5 ; De Nat. Deor. i. 21. a Eodem tamen tempore apud Demetrium Syrum, vetercm ct non ignobilem dleendi magistrum studiose exerccri solebam. — Brut. 437. b See Mr. Warburton's Divine Legation of Moses, vol. I. <: Ipsi, illi, majorum gentium dii qui habentur, hinc a nobis in coelum profecti reperientur — reminiscere, quoniam Gsinitiatus, quas traduntur mysteriis; turn denique quam boc late pateat intelligcs. — Tusc. Qusest. i. 13. Initiaque, ut appellautur, ita revera principia vitae cog- novimus ; neque solum cum la^titia vivendi rationem a» oepimus, Bed etiam cumspcmelioremoriendi, -De Leg. ii. 14. N B. These mysteries were celebrated at Etated seasons MARCUS TULLIUS CICERO. 13 From Athens he passed into Asia, where he gathered about him all the principal orators of the country, who kept him company through the rest of his voyage ; and with whom he constantly exer- cised himself in every place, where he made any stay. The chief of them, says he, was Menippus of Stratonica, the most eloquent of all the Asiatics ; and if to be neither tedious nor impertinent be the characteristic of an Attic orator, he may justly be ranked in that class. Dionysius also of Magnesia, iEschylus of Cnidos, and Zenocles of Adramyttus, were continually with me, who were reckoned the first rhetoricians of Asia. Nor yet content with these, I went to Rhodes, and a))plied myself again to Molo, whom I had heard before at Rome ; who was both an experienced pleader, and a fine writer, and particularly expert in observing the faults of his scholars, as well as in his method of teaching and improving them : his greatest trouble with me was, to restrain the exuberance of a juvenile imagina- tion, always ready to overflow its banks, within its due and proper channel"'. But as at Athens, where he employed himself chiefly in philosophy, he did not intermit his orato- rical studies, so at Rhodes, where his chief study was oratory, he gave some share also of his time to philosophy, with Posidonius, the most esteemed and learned Stoic of that age, whom he often speaks of with honour, not only as his master, but as his friend^. It was his constant care, that the progress of the year, with solemn shows and a great pomp of machi- nery, which drew a mighty concourse to them from all countries. L. Crassus, the great orator, liappened to come two days after they were over, and would gladly have per- suaded the magistrates to renew them ; but not being able to prevail, left the city in disgust i : which shows liow cautious they were of making them too cheap, wlicn tliey refused tlie sight of them out of the proper season, to one of the first senators of Rome. The shows are supposed to have exhibited a j;epresentation of Heaven, Hell, Elysium, Purgatory, and all that related to tlie future state of the dead ; being contrived to inculcate more sensibly, and ex- emplify the doctrines delivered to the initiated : and as they were a proper subject for poetry, so they are frequent- ly alluded to by the ancient Poets. Cicero, in one of his letters to Atticus, begs of him, at the request of Chilius, an eminent poet of tliat age, to send them a relation of the Eleusinian rites, which were designed probably for an episode or embellishment to some of Chilius's works 2. This confirms also the probability of that ingenious com- ment, which the same excellent ^vriter has given on the sixth book of tlie jEneid, where Virgil, as he observes, in describing tlie descent into hell, is but tracing out in their genuine order the several scenes of the Eleusinian shows 3. d Brut. 437. e He mentions a story of this Posidonius, which Pompey often used to tell ; that after the Mithridatic war, as he ■was returning from Syria towards Rome, he called at Rhodes, on purpose to liear him ; but being informed, on his arrival there, that he was extremely ill of the gout, he had a mind however to see Iiim ; and in his visit, when, after the first compliments, he began to express his concern for finding him so ill, that he could not have the pleasure to hear him : But you can hear me, replied Posidonius ; nor shall it be said, that on the accoimt of any bodily pain, I suflfered so great a man to come to me in vam ; upon which he entered presently into an argument, as he lay 1 Diutius essem moratus, nisi Atheniensibus, quod Tnysteria non referrent,adqua; biduo serius venerani, suc- oensuissem. — De Orat. iii. 20. * Chilius te rogat, et ego ejus rogatu 'EvfxoktriSiJiv VCLTpia — Ad Att. i. 5. ' See Divine Legation of Moses, p. 182. of his knowledge shoidd keep pace with the improve- ment of his eloquence ; he considered the one as the foundation of the other, and thought it in vain to acquire ornaments, before he had jjrovided neces- sary furniture. He declaimed here in Greek, because Molo did not understand Latin ; and upon ending his declamation, while the rest of the company were lavish of their praises, Molo, instead of paying any compliment, sat silent aconsiderable time, till observ- ing Cicero somewhat disturbed at it, he said, " Aa for you, Cicero, I praise and admire you ; but pity the fortune of Greece, to see arts and eloquence, the only ornaments which were left to her, transplanted by you to Rome^. Having thus finished the circuit of his travels, he came back again to Italy, after an excursion of two years, extremely improved, and changed as it were into a new man : the vehe- mence of his voice and action was moderated ; the redundancy of his style and fancy corrected ; his lungs strengthened, and his whole constitution confirmed^. This voyage of Cicero seems to be the only scheme and pattern of travelling from which any real benefit is to be expected : he did not stir abroad till he had completed his education at home ; for nothing can be more pernicious to a nation, than the necessity of a foreign one ; and after he had acquired in his own country whatever was proper to form a worthy citizen and magistrate of Rome, he went, confirmed by a maturity of age and reason against the impressions of vice, not so much to learn, as to polish what he had learned, by visiting those places, where arts and sciences flourished in their greatest perfection. In a tour, the most dehghtful of the world, he saw everything that could entertain a curious traveller, yet stayed no- where any longer than his benefit, not his pleasure, detained him. By his previous knowledge of the laws of Rome, he was able to compare them with those of other cities, and to bring back with him whatever he found useful, either to his country or to himself. He was lodged, wherever he came, in the houses of the great and the eminent ; not so much for their birth and wealth, as for their virtue, knowledge, and learning ; men honoured and reve- renced in their several cities, as the principal patriots, orators and philosophers of the age. These he made the constant companions of his tra- vels, that he might not lose the opportunity, even on the road, of profiting by their advice and expe- rience ; and, from such a voyage, it is no wonder that he brought back every accomplishment which could improve and adorn a man of sense. Pompey returned about this time victorious from Africa, where he had greatly enlarged the bounds upon his bed, and maintained with great eloquence, that nothing was really good, but what was honest ; and being all the while in exquisite torture, he often cried out, O pain, thou shalt never gain thy point ; for be as vexatious as thou wilt, I will never o\m thee to be an evil. This was the perfection of Stoical heroism, to defy sense and nature to the last : while another poor Stoic, Dionysius, a scholar of Zeno, the founder of the sect, when by the torture of the stone, he was forced to confess, that what his master had taught him was false, and that he felt pain to bo an evil, is treated by all their wTiters, as a poltroon and base deserter. Which shows, that all their boasted firmness was owing rather to a false notion of honour aad reputation, than to any real principle, or conviction of reason,— Nat. Deor. ii.24 ; De Finib. v. 31. f Plutar. Lifepf Cic. f Brut. 438. 14 THE HISTORY OF THE LIFE OF of the empire, by the roiuiucst cind addition of raaiiy new eountrits to tlie Uoman dominion. He was received with jjreat marks of respect by the Quid Mitylenae ? quae certe vestra, Quirites, belli lege, et victoriie jure facta; sunt: urbset natura et situ, et de- ecriptionea'dificiorum et pulchritudine, imprimis nobilis. [De Leg. Agrar. ii. 16.] A Therlno in expvgnatione Mi- lylenarum corona civica donatus est. [Suet. J. Ca-s. 2.] llinc civica: coronse.militum virtutisinsigneclarissimum. [Plin. Hist. Nat., xvi. 4 ; Veil. Pat. ii. 18 ; Appian. BeU. Withrid. p. ]t;4 ; Val. Max. ix. 13.] the Marians were masters of Italy, lie neither dis- sembled his resolution of pursuing them by arms, nor neglected the war which he had u])on his hands ; but thought it his duty, first to chastise a foreign enemy, before he took his revenge upon citizens'*. His family was noble and ])atrician, which yet, through the indolency of his ancestors, had mad3 government ; and Pompey also, by a decree of the senate, was joined with him in the same commission ; who, having united their forces before Lepidus could reach the city, came to an engagement with him near the Milvian bridge, within a mile or two from the walls, where they totally routed and dispersed his whole army. But Cisalpine Gaul being still in the possession Of his lieutenant, M. Brutus, the father of him who afterwards killed Caesar, Pompey marched forward to reduce that province : ■where Brutus, after sustaining a siege in Modena, surrendered himself into his hands ; but being conducted, as he desired, by a guard of horse to a certain village upon the Po, he was there killed by Pompey's orders. This act was censured as cruel and unjust, and Pompey generally blamed for killing a man of the first quality, who had sur- rendered himself voluntarily and on the condition of his life : but he acted probably by the advice of Catulus, in laying hold of the pretext of Brutus's treason, to destroy a man who, from his rank and authority, might have been a dangerous head to the Marian party, and capable of disturbing that aristocracy which Sylla had established, and which the senate and all the better sort were very desirous to maintain. Lepidus escaped into Sardinia, where he died soon after of grief to see his hopes and fortunes so miserably blasted : and thus ended the civil war of Lepidus, as the Roman writers call it, which, though but short-lived, was thought considerable enough by Sallust to be made the subject of a distinct history, of which several frag- ments are still remaining'. As Cicero was returning from his travels to- wards Rome, full of hopes and aspiring thoughts, his ambition was checked, as Plutarch tells us, by the Delphic oracle ; for, upon consulting Apollo by what means he might arrive at the height of glory, he was answered, by making his own genius, and not the opinion of the people, the guide of his life ; upon which he carried himself after his re- turn with great caution, and was very shy of pre- ' M. Lepido, Q. Catulo consulibus, civile bellum psne citias oppressum est qnam inciperet — fax illius iiiotus ab ipso SyllEe rogo exarsit. Cupidus namque rerum novarum per insolentiam Lepidus, acta tanti viri rescindere p.arabat, ncc inimerito, si tamen posset sine magna clade reipublics, &c.— Flor. iii. 27; Plutar. in Pomp.; Appian-. i. 416; Sallust. Fragment. Iliet. ). i ; Val. Max. vi. 2 ; Pigh. Annal. A. U. 676. 10 Tin: HISTORY OF THE LIFE OF tending to public honours. But thou:;h the rule be very good, Vft Cicero was certainly too wise, and hud spent too much of his time with philoso- phers, to fetcii it from an oracle which, according to his own account, had been in the utmost con- tempt for many ages, and was considered by all men of sense as a mere imposture ". lUit if he reullv went to Delphi, of which we have not the least hint in any of his writings, we must impute it to the same motive tliat draws so many travellers at this day to the Holy House of Loretto ; the curio- sity of seeing a place so celebrated through the world for its sanctity and riches. After his re- turn, however, he was so far from observing that caution which Plutarch speaks of, that he freely and forwardly resumed his former emi)loyment of pleading ; and after one year more spent at the bar, obtained in the next the dignity of Qujestor. Among the causes which he i)leaded before his qutestorship was that of the famous comedian Roscms, whom a singular merit in his art had re- commended to the familiarity and friendship of the freatest men in Rome ^. The cause was this : One annius had made over to Roscius a young slave, to be formed by him to the stage, on condition of a partnership in the profits, which the slave should acquire by acting. The slave was afterwards killed, and Roscius prosecuted the murderer for damages, and obtained, by a composition, a little farm worth about eight hundred pounds, for his particular share. Fahnius also sued separately, and was sup- posed to have gained as much ; but pretending to have recovered nothing, sued Roscius for the moiety of what he had received. One cannot but observe from Cicero's pleading the wonderful esteem and reputation in which Roscius then flourished, of ■whom he draws a very amiable picture. — Has Roscius then, says he, defrauded his partner? Can such a stain stick upon such a man r who, I speak it with confidence, has more integrity than skill, more veracity than experience : whom the people of Rome know to be a better man than he is an actor ; and while he makes the first figure on the Stage for his art, is worthy of the senate for his virtue y. In another place he says of him, that he was such an artist, as to seem the only one fit to come upon the stage ; yet such a man, as to seem the only one unfit to come upon it at all^ : and that his action was so perfect and admirable, that when a man excelled in any other profession, it was grown into a proverb to call him a Roscius". His daily pay for acting is said to have been about thirty pounds sterling.'' Pliny computes his yearly profit » Pyrrhitemporibusjam Apollo versus facere desierat — CUT isto niodo jam oracula non cduntur, non modo nostra setate, sed jam din, ut modo niliil possit esse contemptius ? Quiimodo autem ista vis cvanuit ? an postquam homines minus creduli esse caperunt? — De Div. ii. 56, 57. * Ncc vulgi tantum favorem, verunietiam principum familiavitates amplexus est. — Val. JIax. viii. 7. y Qiiem popuhis Romanus nicliorcm vlrum, quam his- trionem esse arbitratur ; qui ita dignissimus est scena, propter artificium ; ut dignissimus sit eittia;, propter abs- tinentiaru. — Pro Q. Rose. 6. ^ Pro Quinct. 25. » Utin quo quisquc artificio excelleret, is in suo genere Roscius diceretur. — De Orat. i. 28. '' Ut mercedeni diumam de publico niille denaiios solus fccceperit.— Macrob. Saturn, ii. 10. at four thousand pounds "^ ; but Cicero seems to fate it at five thousand. He was generous, benevolent, and a contemner of money ; and after he had raised an anijilc fortune from the stage, gave his jiains to the jiublic for many years without any ])ay : whence Cieero urges it as incredible, that he, who in ten years past miglit honestly have gained fifty thousand jiounds, which he refused, should be tempted to commit a fraud for the paltry sum of four hundred ''. At the time of Cicero's return from Greece, there reigned in the forum two orators of noble birth and great authority, Cotta and liortensius, whose glory inflamed him with an emulation of their virtues. Cotta's way of speaking was calm and easy, flowing with great elegance and propriety of diction ; Hor- tensius's, sprightly, elevated, and warming both by his words and action ; who being the nearer to him in age, about eight years older, and excelling in his own taste and manner, was considered by him more particularly as his jiattern, or competitor rather, in glory '^. The business of pleading, though a profession of all others the most laborious, yet was not mercenary, nor undertaken for any pay; for it was illegal to take money, or to accept evea a present for it : but the richest, the greatest, and the noblest of Rome freely offered their talents to the service of their citizens, as the common guar- dians and protectors of the innocent and distressed'. This was a constitution as old as Romulus, who assigned the patronage of the people to the patri- cians or senators, without fee or reward : but in succeeding ages, when, through the avarice of the nobles, it was become a custom for all clients to make annual presents to their patrons, by which the body of the citizens was made tributary as it were to the senate, M. Cincius, a tribune, pub- lished a law, prohibiting all senators to take money or gifts on any account, and especially for pleading causes. In the contest about this law, Cicero mentions a smart reply made by the tribune to C. Cento, one of the orators who opposed it; for when Cento asked him with some scorn. What is it, my little Cincius, that you are making all this stir about ? Cincius replied, That you, Caius, may pay for what you uses. We must not imagine, however, that this generosity of the great was wholly disin- terested, or without any expectation ol fruit ; for it brought the noblest which a liberal mind could re- >: H.S. quingenta annua mcritassc prodatur. — Plin. Hist. Nat. vii. 39. d Decern his annis proximis U.S. sexagies honestissime conscqui potuit : noluit. — Pro Rosclo, 8. <-' Duo turn cxccllebant oratores, qui me imitandi cu- piditato incitarcnt, Cotta ct liortensius, &c. — Brut. 440. f Diserti igitur honiinis, et facile laborantis, quodque in patriis est moribus, multorum causas et non gravate et Kratuito defendcntis, beneficia et patrocinia late patent. — Dc Offic. ii. 19. e Quid legem C'inciam de donis et muneribus, nisi quia vcctigalis jam ct stipendiaria plebs esse Senatui eoeperat ? [Liv. sxxiv. 4.] Consurgunt Patres legemque Cinciaiji fiagitant, qua cavetur antiquitus, ne quis ob causam orandam pecuniam donumve accipiat. [Tacit. Annal. xi. 5.] HI. Cincius, quo die legem de donis ct muneribus tulit, cum C. Cento prodiisset, et satis contumeliose, Quid fers Cinciole ? quEesisset ; Ut emas, inquit, Cai, si uti velis. — Cic. de Orat. ii. 71. This Cincian law was made in the year of Rome 549 ; and recommended to the people, as Cicero tells us, by Q. Fabius Jlaxinms, in the extremity of his age. De Sencct. 4.— Vid. Pigh. Annal. torn. ii. p. 218, MARCUS TULLIUS CICERO. 17 ceive, the fi-uit of praise and honour from the public voice of their country : it was the proper instruuieat of their ambition, and the sure means of advancing them to the first dignities of the state : they gave their labours to the people, and the people repaid them with the honours and preferments which they had the power to bestow : this was a wise and happy constitution, where, by a necessary connexion between virtue and honour, they served mutually to produce and perpetuate each other ; where the re- ward of honours excited merit, and merit never failed to procure honours ; the only policy which can make a nation great and prosperous. Thus the three orators just mentioned, according to the custom and constitution of Rome, were all severally employed this summer in sueing for the different offices, to which their different age and rank gave them a right to pretend ; Cotta for the consulship, Hortensius the sedileship, Cicero the quEKstorship ; in which they all succeeded : and Cicero especially had the honour to be chosen the first of all his competitors by the unanimous suf- frage of the tribes ; and in the first year in which hewascapableof itbylaw,thethirty-firstof his age.'' The quaestors were the general receivers or trea- surers of the republic ; whose number had been gradually enlarged with the bounds and revenues of the empire from two to twenty, as it now stood from the last regulation of Sylla. They were sent annually into the several provinces, one with every proconsul or governor, to whom they were the next in authority, and had the proper equipage of ma- gistrates, the lictors carrying the fasces before them ; which was nor, however, allowed to them at Rome. Besides the care of the revenues, it was their business also to provide com and all sorts of grain, for the use of the armies abroad and the public consumption at home. This was the first step in the legal ascent and gradation of public honours, which gave an imme- diate right to the senate, and after the expiration of the office, an actual admission into it during life : and though, strictly speaking, none were held to be complete senators, till they were enrolled at the next lustrum in the list of the censors ; yet that was only a matter of form, and what could not be de- nied to them, unless for the charge and notoriety of some crime, for which every other senator was equally liable to be degraded. These queestors, therefore, chosen annually by the people, were the regular and ordinary supply of the vacancies of the senate, which consisted at this time of about five hundred : by which excellent institution the way to the highest order of the state was laid open to the virtue and industry of every private citizen ; and the dignity of this sovereign council maintained by a succession of members, whose distinguished merit had first recommended them to the notice and fa- vour of their country'. ^ Me cum qusestorem in primis — cunctis suffragiis po- pulus Romanus faciebat.— In Pis. 1 ; Brut. 440. ' Qujestiira, primus gradus honoris [in Verr. Act. i. 4.] Populuni Romanum, cujus honoribus in amplissimo con- cilio, et in altiasimogradu dignitatis, atque in hac omnium terrarum arce coUocati sumus. [Post. red. ad Sen. 1.] Ita xnagiatratus annuos creaverunt, ut coaciliimi senatus , reipublicse proponerent sempitemuin ; deligerentur autem In id concilium ab universo populo, aditusque in ilium summum ordinem omnium civium industrise ac virtuti pateret.— Pro Sext. C5. The consuls of this year were Cn. Octavius and C. Scribonius Curio ; the first was Cicero's par- ticular friend, a person of singular humanity and benevolence, but cruelly afflicted with the gout, whom Cicero therefoi-e urges as an example against the Epicureans, to show that a life supported by innocence could not be made miserable by pain''. The second wa.s a professed orator, or pleader at the bar, where he sustained some credit, without any other accomplishment of art or nature, than a certain purity and splendour of language, derived from the institution of a father who was esteemed for his eloquence : his action was vehement, with so absurd a manner of waving his body from one side to the other, as to give occasion to a jest upon him, that he had learnt to speak in a boat. They were both of them, however, good magistrates ; such as the present state of the republic required, firm to the interests of the senate, and the late estab- lishment made by Sylla, which the tribunes were labouring by all their arts to overthrow. These consuls, therefore, were called before the people by Sicinius, a bold and factious tribune, to declare their opinion about the revocation of Sylla's acts, and the restoration of the tribunician power, which was now the only question that engaged the zeal and attention of the city : Curio spoke much against it with his usual vehemence and agitation of body ; while Octavius sat by, crippled with the gout, and wrapt up in plasters and ointments : when Curio had done, the tribune, a man of a humorous wit, told Octavius, that he could never make amends to his colleague for the service of that day ; for if he had not taken such pains to beat away the flies, they would certainly have devoured him'. But while Sicinius was pursuing his sediti- ous practices, and using all endeavours to excite the people to some violence against the senate, he was killed by the management of Curio, in a tumult of his own raising"". We have no account of the precise time of Cicero's marriage ; which was celebrated most pro- bably in the end of the preceding year, immediately after his return to Rome, when he was about This account of the manner of filling up the senate ia confirmed by many otlier passages of Cicero's works: for example; when Cicero was elected adile, the nest su- perior magistrate to the qua;stor, and before his entrance! into that olBce, he took a journey into Sicily .to collect evidence against Verres ; in the account of which voyage he says, that he went at his own charges, though a senator, into that province, where he had before been quaestor. [In Verr. i. 6.] Again; when the government of Cilicia was allotted to him, he begged of young Curio, as he did of all his friends in the senate, not to suffer it to he pro- longed to him beyond the year. In his absence, Corio, who before had been only quaestor, was elected tribune ; upon which Cicero, in a congratulatory letter to him on that promotion, taking occasion to renew his former re- quest, says, that he asked it of him before, as of a senator of the noblest birth, and a youth of the greatest interest ; but now of a tribune of the people, who had the power to grant him what he asked. — Ep. Fam. ii. 7. It De Finib. ii. 28. 1 Curio copia nonnulla verborum, nuUo alio bono, tenuit oratorum locum. [Brut. 350 ; it. 323.] Motus erat is, quem C. Julius in perpetuum notavit, cum ex eo, in utramquo partem toto corpore vaciUante, quaesivit, quis loqueretur e lintre — Nunquam, inquit, Octavi, collegae tuo gratiam referes : qui nisi se suo more jactavisset, bodic tc istip muscfe comedissent. — Ibid. 324. "> Vide Sallust. Fragm. Hist. 1. 3. Orat. Macri Pigh, Ann. C77. 18 TIIK HISTORY OF THE LIFE OF tliirty years old : it cannot be placed later, because his daughter was married the year before his consulship, at the age only of thirteen ; though we suppose lier to be born this year on the fifth of August, which is mentioned to be her birthday". Nor is there any thing certain delivered of the family and condition of his wifeTerentia ; yet from her name, her great fortune, and her sister Fabia's being (me of the vestal virgins", we may conclude that she was nobly descended. This year, there- fore, was jiarticularly fortunate to him, as it brought an increase not only of issue, but of dignity into his family, by raising it from the eiiuestrian to tlie senatorian rank ; and by this early taste of popular favour, gave him a sure presage of his future ad- vancement to the superior honours of the republic. SECTION II. TnK provinces of the quaestors being distributed to them always by lot, the island of Sicily happened to fall to Cicero's share". This was the first country which, after the reduction of Italy, became a prey to the power of Rome'', and was then thought considerable enough to be divided into two provinces of Lilybeum and Syracuse ; the former of which was allotted to Cicero : for though they were both united at this time under one prjetor or supreme governor, S. Peducseus, yet they continued still to have each of them a dis- tinct quaestor '^. He received this office not as a gift, but a trust ; and considered it, he says, as a public theatre, in which the eyes of the world were turned upon him ; and that he might act his part with the greater credit, resolved to devote his whole attention to it ; and to deny himself every pleasure, every gratification of his appetites, even the most innocent and natural, which could obstruct the laudable discharge of if*. Sicily was usually called the granary of the republic^ ; and the quaestor's chief employment in it was to supply corn and provisions for the use of the city : but there happening to be a peculiar scarcity this year at Rome, it made the people very clamorous, and gave the tribunes an opportunity of inflaming them the more easily, by charging it to the loss of the tribunician power, and their being left a prey by that means to the oppressions of the great'. It was necessary therefore to the public quiet, to send out large and speedy supplies from Sicily, by which the island was like to be drained ; so that Cicero had a difficult task to furnish what was sufficient for the demands of the city, without being grievous at the same time to the poor natives : " NonisSextil. — Ad Att. iv. I. ° Ascon. Orat. in Tog. Cand. a Me quaestorcm Siciliensis excepit annus. — Brut. 440. •> Prima omnium, id quod ornamentum imperii est, provincia est appellata. — In Verr. iii. 1. c QuaDstorcs utriusque provinciae, qui isto prastore luerunt. — lb. 4. ^ Ita quaestor sum factus, ut mihi honorem ilium non solum datum, sed ctiam creditum, ut me qusesturamque meam quasi in aliquo terrarum orbis theatro versari existimarem ; ut omnia semper, quae jucunda videntur esse, non modo hisextraordiiiariis cupiditatibus, sed etiani ipsi natlU'ffi ac necessitati denegarem. — In Verr. v. 14. " llle M. Cato sapiens, cellam penariam reipublicae, (/raricem plebis Romanas, Sicilian! nominavit. — lb. ii. 2. ' Vid. Orat. Cotts in fragment. Sallust. yet he managed the matter with so much prudence and address, that he made very great exportations, without any burthen upon the province ; showing great courtesy all the while to the dealers, justice to the merchants, generosity to the inhabitants, humanity to the allies ; and in short, doing all manner of good offices to everybody ; by which he gained the love and admiration of all the Sicili- ans, who decreed greater honours to him at his departure, than they had ever decreed before to any of their chief governors!?. During his resi- dence in the country, several young Romans of quality, who sen'ed in the army, having committed some great disorder and offence against martial discipline, ran away toRomefor fear of punishment; where being seized by tlie magistrates, they were sent back to be tried before the j)r L. Torquatus, subagresti homo ingenio ot infestivo— non jam histrionem ilium diceret, sed gesticulariam, Dionysiamquc eum notissimce saltatricula; nomine apptl- laret.— Aul. Gell. i. .';. " Genus hoe totum oratores, qui sunt vcritatis ipsiiis actores, reliquerunt ; imitatores autem veritatis, histri- ones, oecupavcrunt. — At sine dubio in omni re vincit imi- tationem Veritas.— De Orat. iii. 5G. o Satis constat, contendere eum cum ipso liistrione so- litum, utrmn ille sa^pius eandom sententiam variis ges- tibus eflSceret, an ipse per eloquentiae copiara sermone diverso pronunoiaret. — Maerob. Saturn, ii. 10. P Plutarch, in Cie. l Vide De Petitione Consulat. xi. Mercemur servum, qui dietet nomina: liEvum Qui fodiat latus, et cogat trans pondera dextram Porrigere. Hie multum in Fabia valet, ille Velina : CuUibet hie fasces dabit, &c. — Hor. Epist. i. 6". Plutarch says, that the use of these nomenclatora was contrary to the laws ; and that Cato for that reason, in sucing for the public ollices, would not employ any of them, but took all that trouble upon himself. But that notion is fully confuted by Cicero, who, in his oration for Murena, rallies th« absurd rigour of Cato's stoical principles, and their inconsistency with common life, from the very cir- cumstance of his having a nomenclator — " What do you mean," says he, " by keeping a nomencla- tor .' The thing itself is a mere cheat : for if it be your duty to call the citizens by their names, it is a shame for your slave to know them better than yourself. Why do you not speak to them before he has whispered you ? Or, after he has whis- jjcred, why do you salute them, as if you knew them yourself.' Or, when you have gained your election, why do you grow careless about saluting them at all .' All this, if examined by the rules ot social life, is right ; but if by the precepts of your philosopiiy, very wicked"." As for Cicero himself, whatever pains he is said to have taken in this way, it appears from several passages in his letters, that he constantly had a nomenclator at his elbow on all public occasions'. He was now in his thirty-seventh year, the proper age for holding the aidileship, which was the first public preferment that was properly called a magis- tracy, the qusestorship being an office only or place of trust, without any jurisdiction in the city, as the sediles had". These sediles, as well as all the infe- rior officers, were chosen by the people voting in their tribes ; a manner of electing of all the most free and popular : in which Cicero was declared tedile, as he was before elected quaestor by the unanimous suffrage of all the tribes, and preferably to all his competitors''. There were originally but two sediles, chosen. from the body of the people on pretence of easing the tribunes of a share of their trouble, whose chief duty, from which the name itself was derived, was- te take care of the edifices of the city, and to inspect the markets, weights, and measures, and regulate- the shows and games, which were publicly exhibited on the festivals of their gods'". The senate after- wards, taking an opportunity when the people were in good humour, prevailed to have two more created from their order and of superior rank, called curule ffidiles, from the arm-chair of ivory in which they sat"' : but the tribunes presently repented of their concession, and forced the senate to consent, that these new jediles should be chosen indifferently from ■■ Plutarch, in Cato. ' Pro Murena, 36. ' XJt nemo nuUius ordinis homo nornenclatori notus fuerit, qui mihi obviam non venei'it. — Ad Att. iv. 1. " This will explain what Cicero says above of Pompey's entering upon the consulship, at an age, when he was in- capable even of the lowest magistracy. — But though strictly speaking, the Eedileship w.is the tirst which was called a magistracy; yet Cicero himself, and all the old writers, give the same title also to the tribunate and quaestorship. ^ Me cum quasstorem in primis, a-dilem priorem — cimcti* suft'ragiis populus Romanus faciebat. — In Pison. 1. w Dionys. Hal. vi. 411. ^ dabit, eripietque curule Cui volet importunus ebur. — lIoR. Ep. i. 6. Signa quoque in sella nossem formata curuli, Et totum Numidse sculptile dentis opus. Ovid, de Pont. iv. 9 MARCUS TULLIUS CICERO. 23 the patrician or plebeian families''. But whatever difference there might he at first between the curule and plebeian sediles, their province and authority seem in later times to be the same, with- out any distinction but what was nominal ; and the two who were chosen the first, were probal)!y called the curule sediles, as we find Cicero to be now «tyled. This magistracy gave a precedence in ihe senate, or a priority of voting and speaking, next after the consuls and praetors ; and was the first that qualified a man to have a picture or statue of himself, and consequently ennobled his family': for it was from the number of these statues of ancestors, who had borne curule offices, that the families of Rome were esteemed the more or less noble. After Cicero's election to the sedilesliip, but before his entrance into the office, he undertook the famed prosecution of C. Verres, the late praetor of Sicily, charged with many flagrant acts of injus- tice, rapine, and cruelty, during his triennial govern- ment of that island. And since this was one of the memorable transactions of his life, and for which he is greatly celebrated by antiquity, it will be neces- sary to give a distinct and particular relatiotf of it. The public administration was at this time, in every branch of it, most infamously corrupt : the great, exhausted by their luxury and vices, made no other use of their governments, than to enrich themselves by the spoils of the foreign provinces : their business was to extort money abroad, that they might purchase offices at home, and to plun- der the allies, in order to corrupt the citizens. The oppressed in the meanwhile found it in vain to seek relief at Rome, where there was none who cared either to impeach or to condemn a noble criminal ; the decision of all trials being in the hands of men of the same condition, who were usually involved in the same crimes, and openly prosti- tuted their judgment on these occasions for favour or a bribe. This had raised a general discontent through the empire, with a particular disgust to that change made by Sylla, of transferring the right of judicature from the equestrian to the senatorian order, which the people were now impatient to get reversed : the prosecution therefore of Verres was both seasonable and popular, as it was likely to give some check to the oppressions of the nobi- lity, as well as comfort and relief to the distressed subjects. All the cities of Sicily concurred in the impeach- ment, excepting Syracuse and Messana ; for these two being the most considerable of the province, Verres had taken care to keep up a fair correspon- dence with them. Syracuse was the place of his residence, and Messana tlie repository of his plun- der, whence he exported it all to Italy : and though he would treat even these on certain occasions very arbitrarily, yet in some flagrant instances of his rapine, that he might ease himself of a part of the envy, he used to oblige them with a share of the spoil* : so that partly by fear, and partly by favour, ■ y Liv. vi. ad fia. * Antiquiorem in senatu sententiae dicendfe locum — jus imaginis ad memoriam, posteritatemque prodendam. — In Verr. v. 14. » Ergo, inquiet aliquis, donavitpopuloSyracusanoistam hereditatem, &c. — InVerr. ii. 18. Messana tuorum adjutrix scelerum, libidinum testis, prsdarumac furtorum receptrix,&c. — InVerr. iii. 8. it. 11 he held them generally at his devotion ; and at the expiration of his government, procured ample testi- monials from them both in praise of his administra- tion. All the other towns were zealous and active in the j)rosecution, and, by a common petition to Cicero, implored him to undertake the management of it ; to which he consented, out of regard to the relation which he had borne to them as quaestor, and his promise made at parting, of his protection in all tJieir affairs. Verres, on the other hand, was supported by the most powerful families of Rome, the Scipios and the Metelli, and defended by Hor- tensius, who was the reigning orator at the bar, and usually styled the king of the forum'' ; yet the diffi- culty of the cause, instead of discouraging, did but animate Cicero the more, by the greater glory of the victory. He had no sooner agreed to undertake it, than an unexpected rival started up, one Q. Csecilius, a Sicilian by birth, who had been quaestor to Verres ; and, by a pretence of personal injuries received from him, and a particular knowledge of his crimes, claimed a preference to Cicero in the task of accusing him, or at least to bear a joint share in it. But this pretended enemy was in reality a secret friend, employed by Verres himself to get the cause into his hands in order to betray it : his pretensions, however, were to be previously decided by a kind of process called divination, on account of its being wholly conjectural, in which the judges, without the help of witnesses, were to divine, as it were, what was fit to be done ; but in the first hearing Cicero easily shook off this weak antagonist, rallying his character and pretensions with a great deal of wit and humour, and showing, " that the proper patron of such a cause could not be one who offered himself forwardly, but who was drawn to it unwil- lingly from the mere sense of his duty ; one whom the prosecutors desired, and the criminal dreaded ; one quahfied by his innocence, as well as experience, to sustain it with credit ; and whom the custom of their ancestors pointed out and preferred to it." In this speech, after opening the reasons why, con- trary to his former practice, and the rule which he had laid down to himself, of dedicating his labours to the defence of the distressed, he now appeared as an accuser, he adds : " the provinces are utterly undone ; the allies and tributaries so miserably oppressed, that they have lost even the hopes of redress, and seek only some comfort in their ruin : those, who would have the trials remain in the hands of the senate, complain, that there are no men of reputation to undertake impeachments, no severity in the judges : the people of Rome, in the meanwhile, though labouring under many other grievances, yet desire nothing so ardently, as the ancient discipline and gravity of trials. For the want of trials, the tribunician power is called for again ; for the abuse of trials, a new order of judges is demanded ; for the scandalous behaviour of judges, the authority of the censnrs, hated before as too rigid, is now desired and grown popular. In this license of profligate criminals, in the daily com- plaints of the Roman people, the infamy of trials, the disgrace of the whole senatorian order, as I thought it the only remedy to these mischiefs, for men of abilities and integrity to undertake the cause b In foro ob eloquentiam rege causarum. — Ascon. Ar- gum. in Divinat. 24 TUE HISTORY OF THE LIFE OF of tbo roi)iibIic anil the laws, so I was induced the more. reaiUly, out of regard to our common safety, to oonicto the relief of that part of tlie udniinis- tratiofi, which seemed tiie most to.staud in need of,itf.;' This previous yo'int being settled in favour of Ciporp, a hundred and ten days were granted to him by law for prejiaring the evid(;nce ; in wliich he was obliged to make a voyage to Sicily, in order to examiue witnesses, and collect facts to sni)|)ort the indictment. He was aware, that all Verres's art would be emidoyed to gain time, in hoj)es to tire out the i)rosecutors, and allay the heat of the public resentment : so that for the greater dispatch 'he took along with him his cousin, L. Cicero, to ease him of a part of the trouble, and finished his progress through the island in less than half the time which was allowed to him ''. In all the journeys of this kind, the prosecutor's charges used to be publicly defrayed by the pro- vince, or the cities concerned in the impeachment: but Cicero, to show his contempt of money, and disinterestedness in the cause, resolved to put the island to no charge on his account ; and in all the places to which he came, took up his quarters with his particular friends and acquaintiMice in a private manner, and at his own expensed The Sicilians received him everywhere with all the honours due to his uncommon generosity, and the pains which he was taking in their service : but at Syracuse he met with some little affronts from the influence of the prsetor Metellus, who employed all his power to obstruct his inquiries, and discourage the people from giving him infor- mation. He was invited hpwever by the magis- trates with great resjyect in,to their senate, vifbere after he had expostulated with them a little for the gilt statue of Verres, which stood there before his face, and the testimonial which they had sent to Rome in his favour ; they excused themselves to him in their speeches, and alleged, that what they had been induced to do on that occasion was the effect of force and fear, obtained by the intrigues of a few, against the general inclination ; and to convince him of their sincerity, delivered into his hands the authentic accounts of many robberies and injuries which their own city had suffered from Verres in common with the rest of the province. As soon as Cicero retired, they declared his cousin Lucius the public guest and friend of the city, for having signified the same good will towards them, which Cicero himself had always done; and, by a second decree, revoked the public praises which they had before given to Verres. Here Cicero's old antagonist, Cjecilius, appealed against them to the prsetor ; which provoked the populace to such a degree, that Cicero could hardly restrain them from doing him violence : the prsetor dismissed the senate, and declared their act to be irregular, and would not suffer a copy of it to be given to Cicero ; vvhom he reproached at the same time for betraying the dignity of Rome, by submitting not c Divinat. 3. d Ego Siciliam totamquinquaginta diebus sic obii. — ^In Verr. Act. i. 2. e In Siciliam sum Inqulrendi causa profectus, quo in negotlo — ad hospites meos, ac necessaries, causa; com- munis defensor diverti potius, quam ad eos, qui a mo con- BHium petivissent. Ncmini meus adventus labori aut smnptui, nequc publicenequoprivatimfuit. — In Yerr. i. 6. only to speak in a foreign senate, but in a foreign language, and to talk Greek among Grecians'. But Cicero answered him with such spirit and resolution, urging the sanction of the laws, and the penalty of contemning them, that the ])raitor was forced at last to let him carry away all the vouchers and records which he required e. lint the city of Messana continued obstinate to the last, and firm to its engagements with Verres : so that when Cicero came thitlier, he received no compliments from the magistrates, no offer of refreshments or quarters ; but was left to shift for himself, and to be taken care of by private friends. An indignity, he says, which had never been offered before to a senator of Rome ; whom there was not a king or city upon earth, that was not proud to invite and accommodate with a lodg- ing. But he mortified them for it severely at the trial, and threatened to call them to an account before the senate, as for an affront to the whole order'". After he had finished his business in Sicily, having reason to apprehend some danger in returning home by land, not only from the robbers, who infested all those roads, but from the malice and contrivance of Verres, he chose to come back by sea, and arrived at Rome, to the surprise of his adversaries, much sooner than he was expected', and full charged with most manifest proofs of Verres's guilt. On his return he found, what he suspected, a strong cabal formed to prolong the affair by all the arts of delay which interest or money could pro- cure''-, with design to throw it off at least to the next year, when Hortebsius and Metellus were to be consuls, and Metellus's brother a prsetor, by whose united authority the prosecution might easily be baffled : and they had already carried the matter so far, that there was not time enough left within the current year to go through the cause in the ordinary forms. This put Cicero upon anew pro- ject, of shortening the method of the proceeding', so as to bring it to an issue at any rate before the present prsetor M. Glabrio and his assessors, who f Ait indignum faeinus esse, quod ego in senatu Graeca ' verba fccissem : quod quidem apud Graecos Graece locutus cssem, id ferri nuUo modo posse. — In Verr. iv. 06 ; Vide ib. 62, 63, 64. Valerius Maximus says, that the Roman magistrates were anciently so jealous of the honour of the republic, that they never gave an answer to foreigners but in Latin ; and obliged the Greeks themselves to speak to them al- ways by an interpreter, not only in Rome, but in Greece and Asia ; in order to inculcate a reverence far the Latin tongue through all nations. [Lib. ii. 2.] But this piece of discipline had long been laid aside ; and the Greek lan- guage had obtained such a vogue in Rome itself, that all the great and noble were obliged not only to learn, but ambitiovis everywhere to speak it. e Vide in Verr. iv. 62, 63, 64, 65. '' Ecqua; civitas est — Rex denique ecquis est, qui Sena- torem populi Romani tecto ac dome non invitet ? &c. — In Verr. iv. 11. ' Non ego a Vibone Veliam parvulo navigio inter fugiti- vorum prEedonum, ac tua tela venissem— .omnis ilia mea festinatio fuit cum periculo capitis. — In Verr. ii. 40 ; Vido Ascon. Argum. in Divinat. ^ Repcrio, Judiccs, haec ab istis consilia inita et consti- tuta, lit quacunque opus esset ratione res ita duceretur, ut apud M. Metellum praetorem causa diceretur. — In Verr. i. 9. 1 Cicero summo consilio videtur in Verrem vel contra* here tempora dicendi maluisse, quam in eum annum, quo ' erat Q. Uortensius consul futurus, incidere.— Quintil. vi.S. MARCUS TULLIUS CICERO. 2fi were like to be equal judges'*. Instead therefore of spending any time in speaking, or employing Ms eloquence, as usual, in enforcing and aggra- vating the several articles of the charge, he resolved to do nothing more than produce his witnesses, and offer them to be interrogated : where the novelty of the tiling, and the notoriety of the guilt, which appeared at once from the very recital of the depositions, so confounded Hortensius, that he had nothing to say for his client ; who, despair- ing of all defence, submitted, without expecting the sentence, to a voluntary exile". From this account it appears, that of the seven excellent orations, which now remain on the sub- ject of this trial, the first two only were spoken, the one called the Divination, the other the first action, which is nothing more than a general preface to the whole cause : the other five were published afterwards, as they were prepared and intended to be spoken, if Verres had made a regular defence : for as this was the only cause in which Cicero had yet been engaged, or ever designed to be engaged as an accuser, so he was willing to leave these orations as a specimen of his abilities in that way, and the pattern of a just and diligent impeachment of a great and corrupt magistrate". In the first contest with Csecilius he estimates the damages of the Sicilians at above eight hundred thousand pounds P; but this was a computation at large, before he was distinctly informed of the facts : for after he had been in Sicily, and seen what the proofs actually amounted to, he charges them at somewhat less than half that sum i : and though the law in these causes gave double damages, yet no more seems to have been allowed in this than the single sum ; which gave occasion, as 'Plutarch intimates, to a suspicion of some corrup- tion or connivance in Cicero, for suffering so great an abatement of the fine : but if there was any abatement at all, it must needs have been made by the consent of all parties, out of regard perhaps to Verres's submission, and shortening the trouble of the prosecutors : for it is certain, that so far from leaving any imputation of that sort upon Cicero, it highly raised the reputation both of liis abilities and integrity, as of one, whom neither money could bribe, nor power terrify from prosecuting a public oppressor ; and the Sicilians ever after retained the highest sense of his services, and on all occasions testified the utmost zeal for his person and in- terests. From the conclusion of these orations we may observe, that Cicero's vigour in this cause had drawn upon him the envy and ill will of the no- ™ Mihi cerium est non committere, ut in hac causa praetor nobis consiliunique mutetur. — Act. i. 18. ° Faciam hoc — ut utar testibus statim.— Ibid. — Sed tantummodo citaret testes — et eosHortcnsiointerrogandos daret : qua arte ita est fatigatus Ilortensius, ut nihil, contra quod diceret, inveniret : ipse etiam Verres, despe- rato patrocinio, suasponte discederet in exilium. — Argum. Asconii in Act. i. ° In CEeteris orationibus defensor futurus, accusationis oiBeium his libris, qui Verrinarum nomine nuncupantur, compensare decrevit ; et — in una causa vim hujus artis et doquentia; demonstrare. — Ascon. Argum. in Lib. et in Verr. P Q,uo nomine abs te, C. Verres, sestertiuni millies ex lege repeto. — Divin. in Cfpcil. 5. 1 Dicimus C. Verrem— quadringenties sestertium ex fiicilia contra leges abstulissc. — Act. i. 18. bility : which was BO far however from moving him, that in open defiance of it he declares, " that the nobles were natural enemies to the virtue and industry of all new men ; and, as if they were of another race and species, could never be reconciled or induced to favour them, by any observance or good offices whatsoever ; that for his part there- fore, like many others before him, he would pursue his own course, and make his way to the favour of the people, and the honours of the state, by his diligence and faithful services, without regarding the quarrels to which he might expose himself. — That if in this trial the judges did not answer the good opinion which he had conceived of them, he was resolved to prosecute, not only those who were actually guilty of corruption, but those too who were privy to it : and if any should be so audacious, as to attempt by power or artifice to influence the bench, and screen the criminal, he would call him to answer for it before the people, and show himself more vigorous in pursuing him, than he had been even in prosecuting Verres''." But before I dismiss the cause of Verres, it will not be improper to add a short account of some of his principal crimes, in order to give the reader a clearer notion of the usual method of governing provinces, and explain the grounds of those frequent impeachments and public trials, which he will meet with in the sequel of this his- tory : for though few of their governors ever came up to the full measure of Verres's iniquity, yet the greatest part were guilty in some degree of every kind of oppression with which Verres him- self was charged. This Cicero frequently intimates in his pleading, and urges the necessity of con- demning him for the sake of the example, and to prevent such practices from growing too general to be controlled^. The accusation was divided into four heads ; 1. of corruption in judging causes ; 2. of extortion in collecting the tithes and revenues of the republic ; 3. of plundering the subjects of their statues and wrought plate, which was his peculiar taste ; 4. of illegal and tyrannical punishments. I shall give a specimen or two of each from the great number that Cicero has collected, which yet, as he tells us, was but a small extract from an infinitely greater, of which Verres had been actually guilty. There was not an estate in SicUy, of any con- siderable value, which had been disposed of by wiU. for twenty years past, where Verres had not his emissaries at work to find some flaw in the title, or some omission in executing the conditions of the testator, as a ground of extorting money from the heir. Dio of Halesa, a man of eminent quality, was in quiet possession of a great inheritance, left to him by the will of a relation, who had enjoined him to erect certain statues in the square of the city, on the penalty of forfeiting the estate to the Erycinian Venus. The statues were erected according to the will ; yet Verres, having found •■ Proinde siqui sunt, qui in hoc rco aut potentes, aut audaces, aut artifices ad corrunipcndum judicium velint esse, ita sintparati.utdisceptante populo Romano mecum sibi rem vidcant futuram, &c. — In Verr. v. 71- s Quid igitur dicet ? fccisse alios.— Sunt quadam om- nino inte siiigularia— qusdam tibi cummultiscommunia. Ergo omittam tuos pcculatus, ut ob jus diccndum pecu- nias acceptas— quae forsitan alii quoquc fecerint, 4:0.-11). iii. 88. 20 THE HISTORY OF THE LIFE OF ■ome little pretence for cavilling, suborned an obscure Sicilian, one of his own informers, to sue for the estate in the name of Venus ; and when the cause was brought before him, forced Dio to com- pound with him for about nine thous-and pounds, and to yield to him also a famous breed of mares, with all the valuable plate and furniture of his house '. Sopater, an eminent citizen of IT.dicia;, had been accused before the late praetor, C. Sacerdos, of a capital crime, of which he was honourably acquitted: but whenVerres succeeded to the govern- ment, the prosecutors renewed their charge, and brought him to a second trial before their new praetor ; to which Sopater, trusting to his inno- cence and the judgment of Sacerdos, readily sub- mitted without any apprehension of danger. After one hearing the cause was adjourned, when Timar- chides, the freedman and principal agent of Verres, came to Sopater, and admonished him as a friend, not to depend too much on the goodness of his cause and his former absolution, for that his adversaries had resolved to offer money to the praetor, who would rather take it for saving, than destroying a criminal, and was unwilling hkewise to reverse the judgment of his predecessor. Sopater, surprised at this intimation, and not knowing what answer to make, promised to consider of it ; but declared himself unable to advance any large sum. Upon consulting his friends, they all advised him to take the hint, and make up the matter ; so that in a second meeting with Timarchides, after alleging his particular want of money, he com- pounded the affair for about seven hundred pounds, which he paid down upon the spot". He now took all his trouble to be over : but after another hearing, the cause was still adjourned; and Timar- chides came again to let him know that his accusers had offered a much larger sum than what he had given, and advised him, if he was wise, to consider well what he had to do. But Sopater, provoked by a proceeding so impudent, had not the patience even to hear Timarchides, but flatly told him that they might do what they pleased, ifor he was deter- mined to give no more. All his friends were of the same mind, imagining, that whatever Verres himself might intend to do, he would not be able to draw the other judges into it, being all men of the first figure in Syracuse, who had judged the same cause already with the late praetor, and acquitted Sopater. When the third hearing came on, Verres ordered Petilius, a Roman knight, who was one of the bench, to go and hear a private cause, which was appointed for that day, and of which he was like- wise the judge. Petilius refused, alleging that the rest of his assessors would be engaged in the present trial. But Verres declared, that they might all go with him too if they pleased, for he did not desire to detain them ; upon which they all presently withdrew, some to sit as judges, and t Hie est Dio — de quo multis primariis viris testibus satisfactum est, H. S. undecies nnmeratuni esse, ut earn causam, in qua ne tenuissima quidem suspicio posset esse, isto cognoscente obtineret : prsterea grcges nobilissima- rum cquarum abactos: argeriti vestisque stragulfe domi quod fuerit esse direptum. — In Verr. ii. 7. " Post ad amices retulit. Qui cum ei fuissent auctores redimendae salutis, ad Timarchidem venit. Expositis »uis difEcultatibus, homineni ad II. S. Ixxx. perducit, eamque ei pecuniam numerat.— lb. ii. 28. some to serve their friends in the oilier cause. Minucius, Sopater's advocate, seeing the bench thus cleared, took it for granted that N'erres would not j)roceed in the trial that day, and was going out of tiie court along with the rest ; when Verres called him back, and ordered him to enter upoa the defence of his client. "Defend him!" says he; "before whom.'" "Before me," replied Verres, " if you think me worthy to try a paltry Greek and Sicilian." " I do not dispute your worthiness," says Minucius, " but wish only that your assessors were present, who are so well acquainted with the merits of the cause." " Begin, I tell you," says Verres, " for they cannot be present." " No more can I," replied Minucius ; " for Petilius begged of me also to go, and sit with him upon the other trial." And when Verres with many threats required him to stay, he abso- lutely refused to act, since the bench was dismissed, and so left the court together with all the rest of Sopater's friends. This somewhat discomposed Verres ; but after he had been whispered several times by his clerk Timarchides, he commanded Sopater to speak what he had to say in his own defence. Sopater implored him by all the gods not to proceed to sentence till the rest of the judges could be present : but Verres called for the wit- nesses, and after he had heard one or two of them in a summary way, without their being interrogated by any one, put an end to the trial, and condemned the criminal^. Among the various branches of Verres's illegal gains, the sale of offices was a considerable article: for there was not a magistracy of any kind to be disposed of either by lot or a free vote, w^hich he did not arbitrarily sell to the best bidder. The priesthood of Jupiter at Syracuse was of all others the most honourable : the method of electing into it was to choose three by a general vote out of three several classes of the citizens, w^hose names were afterwards cast into an urn, and the first of them that was drawn out obtained the priesthood. Verres had sold it to Theomnastus, and procured him to be named in the first instance among the three ; but as the remaining part was to be decided by lot, people were in great expectation to see how he would manage that which was not so easily ia his power. He commanded, therefore, in the first place, that Theomnastus should be declared priest, without casting lots ; but when the Syracusians remonstrated against it as contrary to their religion and the law, he called for the law, which ordered, that as many lots should be made as there were persons nominated, and that he whose name came out the first, should be the priest. He asked them, "howmanywere nominated;" they answered, "three." " And what more then," saj-s he, "is' required by the law, than that three lots should be cast, and one of them drawn out?" They answered, " Nothing :" upon which he presently- ordered three lots, with Theomnastus's name upon every one of them, to be cast into the urn, and so by drawing out any one, the election was deter- mined in his favour y. ^ Turn repente iste testes citari jubet. Dicit unus et alter breviter. Nihil interrogatiir. Prseco, dixisse pronim- ciat. Iste, properans de sella, exiluit : hominem innocen- tem, a C. Sacerdote absolutum, indicta causa, de sententia scrib£e,medlci,haruspicisquecondenmavit. — In Verr. ii. 30. y Numquid igitur oportet nisi tres sortesconjici, unam MARCUS TULLIUS CICERO. 27 The tenth of the corn of all the conquered towns in Sicily belonged to the Romans, as it had for- merly done to their own princes, and was always gathered in kind and sent to Rome : but as this was not sufficient for the pubhc use, the prtetors had an appointment also of money from tlie trea- sury to purchase such farther stores as were neces- sary for the current year. Now the manner of collecting and ascertaining the quantity of the tithes was settled by an old law of King Hiero, the most moderate and equitable of all their ancient tyi'ants : but Verres, by a strange sort of edict, ordered, that the owner should pay what- ever the collector demanded ; but if he exacted more than his due, that he shovdd be liable to a fine of eight times the value ^. By this edict he threw the property, as it were, of the island into the power of his officers, to whom he had farmed out the tithes ; who, in virtue of the new law, seized into their hands the whole crop of every town, and obhged the owners to give them whatever share of it, or composition in money, they thought fit ; and if any refused, they not only plundered them of all their goods, but even tortured their per- sons, till they had forced them to a compliance \ By this means Verres, having gathered a sufficient quantity of corn from the very tithes to supply the full demands of Rome, put the whole money, that he had received from the treasury, into his own pocket'' ; and used to brag, that he had got enough from this single article to screen him from any impeachment : and not without reason ; since one of his clerks, who had the management of this corn-money, was proved to have got above ten thousand pounds from the very fees which were allowed for collecting it"^. The poor husbandmen, in the mean time, having no remedy, were forced to run away from their houses, and desert the tillage of the ground ; so that from the registers, which were punctually kept in every town, of all the occupiers of arable lands in the island, it appeared, that during the three years' government of Verres, above two thirds of the whole number had entirely deserted their farms, and left their lands uncultivated''. Apronius, a man of infamous hfe and character, was the principal farmer of the tithes : who, when reproached with the cruelty of his exactions, made no scruple to own, that the chief share of the gain was placed to the account of the praetor. These words were charged upon him in the presence of educi ' A'ihil. Conjici jubet tres, in quibus omnibus scriptum esset nomen Theomnasti. Fit clamor masimus — ita Jovis illud sacerdotium amplissimum per banc ratio- nem Tkcomnasio datur. — In Verr. ii. 51. ^ Tota Hieronica lege rejccta et repudiata — edictum, Judices, audite praeclarum ; quantum decumanus edi- disset aratorem sibi deeuma? dare oportere, ut tantum arator decumano dare cogererur — &c. — lb. iii. 10. " Apronius venit, onine instrumentum diripuit, fami- liam abduxit, pecus abegit — bomLnem corripl et suspendi jussit in oleastro, &c.— lb. -33. ^ Jam vero ab isto omneni illam ex asrario pecuniam, quam liis oportuit civitatibus pro frumento dari, luerifac- tam videtis. — lb. 75, 4;c. •^ Tu ex pecunia publica IT. S. tredecies scribam tuum pemiissu tuo cum abstulisse fateare, reliquam tibi ullam defensionem putas esse ? — lb. 80. •• Agyrinensis ager — duceutos quinquaginta aratorea habuit prime anno prsetura; tuae. Quid tertio anno ? Oo- tagiata — hoc peraeque in omni agro decumano reperictis. —lb. 51, 52, &c. Verres and the magistrates of Syracuse, by one Rubrius, who offered a wager and trial upon the proof of them ; but Verres, without showing any concern or emotion at it, privately took care to hush up the matter, and prevent the dispute from proceeding any farther'. The same wager was offered a second time, and in the same public manner, by one Scandilius, who loudly demanded judges to decide it : to which Verres, not being able to appease the clamour of the man, was forced to consent, and named them presently out of his own band, Cornelius his physi- cian, Volusius his soothsayer, and Valerius his crier ; to whom he usually referred all disputes, in which he had any interest. ScandiUus insisted to have them named out of the magistrates of Sicily, or that the matter should be referred to Rome : but Verres declared, that he would not trust a cause, in which his own reputation was at stake, to any but his own friends ; and when Scandilius refused to produce his proofs before such arbitrators, Verres condemn- ed him in the forfeiture of his wager, which was forty pounds, to Apronius f. C. Heius was the principal citizen of Messana, where he lived very splendidly in the most magni- ficent house of the city, and used to receive all the Roman magistrates with great hospitality. He had a chapel in his house, built by his ancestors, and furnished with certain images of the gods, of ad- mirable sculpture and inestimable value. On one side stood a Cupid of marble, made by Praxiteles : on the other, a Hercules of brass, by I^Iyron ; w-ith a little altar before each god, to denote the religion and sanctity of the place. There were likewise two other figures of brass of two young women, called Canephorse, with baskets on their heads, carrying things proper for sacrifice after the man- ner of the Athenians, the work of Polycletus. These statues were an ornament not only to Heius, but to aiessana itself, being known to evei7body at Rome, and constantly \-isited by all strangers, to whom Heius's house was always open. The Cupid had been borrowed by C. Claudius, for the decora- tion of the forum "n his sedileship, and was care- fully sent back to Messana ; but Verres, while he was Heius's guest, would never suffer him to rest, till he had stripped his chapel of the gods and the canephorse ; and to cover the act from an appear- ance of robbery, forced Heius to enter them into his accounts, as if they had been sold to him for fifty pounds ; whereas at a pubhc auction in Rome, as Cicero says, they had known one single statue of brass, of a moderate size, sold a little before for a thousand sf. Verres had seen likewise at Heius's c Eorum omnium, qui decuraani voeabantur, princeps erat Q,. ille Apronius, quern videtis : decujus improbitate singulari gravissimarum legationum queiimonias audistis. — In Verr. ii. 9. Cum palam Syracusis, te audicnte, maximo conventu, P. KubriusQ. Apronium sponsionelacessivit, ni Apronius dictitaret, te sibi in decumis esse socium, &c. — lb. 5/. f Hie tu medicum et haruspicem, et pra^conem timm rccuperatores dabis ? [ib. (J().] Iste viros optinios recupe- ratores dat, eimdeni ilium medicum Cornelium et harus- picem Volusianum, et Valerium prseconem. — Ib. 21, it. 1 1. Scandilius postulare de conventu rccuperatores. Turn iste negat se de existimatione sua cuiquam, nisi suis, com- missurum — cogit Scandiliuni quinque ilia niillia niunmum dare atque adnumerare Apronio. — lb. 60. g Erat apud Heium sacrarium magna cum dignitate ia asdibus, a majoribus traditum, peraniiquum ; in quo signa 28 THE HISTORY OF THE LIFE OF house, a suit of curious tapestry, reckoned the best in Sicily, beinjiof the kind which was called Atta- lic, richly interwoven with gold ; this he resolved also to extort from lleius, but iu>t till he had se- cured the statues. As soon therefore as he left Messan3, he began to urge Heius, by letters, to send him the tapestry to Agrigentum,for some particular service wiiich he pretended ; but when he had once got it into his hands, lie never restored it''. Now Messana, as it is said above, was the only city of Sicily that persevered to the last in the interest of Verres ; and at the time of the trial sent a pub- lic testimonial in his jiraise by a deputation of its eminent citizens, of which this very Heius was the chief. Yet when he came to be interrogated and cross-examined by Cicero, he frankly declared, that though he was obliged to perform what the autJiority of his city had imposed upon him, yet that he had been plundered by Verres of his gods, ■which were left to him by his ancestors, and which he neve*' would have parted with on any conditions whatsoever, if it had been in his power to keep them '. Verres had in his family two brothers of Cilicia, the one a painter, the other a sculptor, on whose judgment he chiefly relied in his choice of pictures and statues, and all other pieces of art. They had been forced to fly from their country for robbing a temple of Apollo, and were now employed to hunt out every thing that was curious and valuable in Sicily, whether of public or p-rivate property. Tliese brothers having given Verres notice of a large silver ewer, belonging to Pamphilus of Lily- baeum, of most elegant work, made by Boethus'', Verres immediately sent for it, and seized it to his own use ; and while Pamphilus was sitting pensive at home, lamenting the loss of his rich vessel, the chief ornament of his sideboard, and the pride of his feasts, another messenger came running to him, with orders to bring two silver cups also, which he was known to have, adorned with figures in relief, to be show-n to the praetor. Pamphilus, for fear of greater mischief, took up his cups and carried them away himself : when he came to the palace Verres happened to be asleep, but the brothers were walk- ing in the hall, and waiting to receive him ; who, as soon as they saw him, asked for the cups, which he accordingly produced. They commended the work ; whilst he with a sorrowful face began to complain, that if they took his cups from him, he should have nothing of any value left in his house. The bro- thers, seeing his concern, asked how much he piiicherrima quatuor, sumnio artificio, suuima nobilitate, &o. [In Verr. iv. 2.] C. Claudius, cujus Eedilitatem mag- nificentissimam scinius fuisse, usus est lioc Cupidine tarn diu, dum forum diis immortalibus, popyloque Romano liabuit ornatum. — Haec omnia, quse dixi, signaab Heio de sacrario Verres abstulit, &c. [ib. 3.] Ita jussisti, opinor, ipsum in tabulas referre. [ib. 6.] In auctione signum acneum non magnum H. S. cxx mlUibus venire non yidi- mus ? — In Verr. iv. 7. >> Quid ? ilia Attalica, tola Sicilia nominata, ab eodem Heio peripetasmata emere oblitus es? — At quomodo abs- tulit ? &c.— Ib. 12. ' Quid enim poterat Heius respondere ?— Primo di.xit, se ilium publico landare, quod sibi ita mandatum essct : dcinde neque se ilia habuisse venal ia, nequo ulla condi- tionc, si utrum vellct licoret, adduci unquam potuisse ut vendcret ilia, &c. — In Verr. iv. 7. ^ A cclobrated Carthaginian sculptor, who left many famous works behind him.— Vid. Flin. Hist. Nat. xxxiii. \2 ; it. xxxiv. 8. would give to preserve them ; in a word, they dfr- manded forty crowns ; he offered twenty : but while they were debating, Verres awaked and called for the cu])s, wliicli being jnesently shown to him, the brothers took occasion to observe, that tliey did not answer to the account that had been given of them, and were but of jialtry work, not tit to be seen among his i]late ; to whose authority Verres readily submitted, and so Pamphilus saved his cups'. In the city of Tindaris there was a celebrated image of Mercury, which had been restored to them from Carthage by Scipio, and was worshipped by the people with singular devotion, and an annual fessival. This statue Verres resolved to have, and commanded the cliief magistrate, Sopater, to see it taken down and conveyed to Messana. But the people were so inflamed and mutinous upon it, that Verres did not persist in his demand at that time ; but when he was leaving the place, renewed his orders to Sopater, with severe threats, to see his command executed. Sopater proposed the mat- ter to the senate, who universally j)rotested against it : in short, Verres returned to the town, and in- quired for the statue ; but was told by Sopater, that the senate would not suffer it to be taken down, and had made it capital for any one to meddle with it without their orders. " Do not tell me," says Verres, ' ' of your senate and j'our orders ; if you do not presently deliver the statue, you shall be scourged to death with rods." Sopater with tears moved tlie aff'air again to the senate, and related the praetor's threats ; but in vain ; they broke up in disorder, without giving any answer. This was reported by Sopater to Verres, who was sitting in his tribunal : it was the midst of winter, the weather extremely cold, and it rained very heavily, when Verres ordered Sopater to be stripped, and carried into the market-place, and there to be tied upon an equestrian statue of C. Marcellus, and exposed, naked as he was, to the rain and the cold, and stretched in a kind of torture upon the brazen horse ; where he must necessarily have perished, if the people of the town, out of compassion to him, had not forced their senate to grant the Mercury to Verres "\ Young Antiochus, King of Syria, having been at Rome to claim the kingdom of Egypt in right of his mother, passed through Sicily at this time on his return home, and came to Syracuse ; where VerreSj who knew that he had a great treasure with him, received him with a particular civility ; made 'him large presents of wine, and all refreshments 1 Cybirats sunt fratres — quorum alterum fingere opinor e cera solituni esse, alterum esse pictorem. — Canes vena- ticos diceres, ita odorabantiur omnia et pervestigabant. — In Vorr. iv. 13. Blemini Pamphilum Lilyboetanum mihi narrare, cum iste ab scsc hydriam Boethi manu factam, prseclaro opere et grand! pondere, per potestatem abstulisset ; se sane tristem ct conturbatum domum revertisse, &c. — Ib. 14. '" Turn iste : Quam mihi religionem narras ? quam poe- nam ? quern senatum ? Vivum te non relinquam : moriere virgis, nisi signum traditur — Erat hiems smnma, tem- pestas, ut ipsum Sopatruin dicere audistis, perfrigida ; imber maxim us, cum ipse imperat lictoribus, ut Sopatrum — prjBcipitem in forum dcjiciant, nudumque constituant — cum esset vinctus nudus in are, in imbri, in frigore. Neque tamea finis huic injuriae crudelitatique fiebat, donee populus atquo universa multitudo, atrocitate rei commota, senatum cl.amore coegit, ut ei simulacrum illud Mercurii polliceretur. — Ib. 39, 40. MARCUS TULLIUS CICERO. 29 for his table, and entertained him most magnifi- cently at supper. The king, pleased with this com- pliment, invited Verres in his turn to sup with him ; when his sideboard was dressed out in a royal man- ner with his richest plate, and many vessels of solid gold set with precious stones ; among which there was a large jug for w-ine, made out of one entire gem, with a handle of gold to it. Verres greedily surveyed and admired every piece ; and the king rejoiced to see the Roman praetor so well satisfied with his entertainment. The next morning, Verres sent to the king to borrow some of his choicest ves- sels, and particularly the jug, for the sake of show- ing them, as he pretended, to his ow-n workmen ; all which, the king having no suspicion of him, readily sent. But besides these vessels of domestic use, the king had brought with him a large candle- stick, or branch for several lights, of inestimable value, all made of precious stones, and adorned with the richest jewels, which he had designed for an offering to Jupiter Capitolinus ; but finding the repairs of the capitol not finished, and no place yet ready for the reception of his offering, he resolved to carry it back without showing it to anybody, that the beauty of it might be new and the more surprising when it came to be first seen in that tem- ple. Verres, having got intelligence of this candle- stick, sent again to the king, to beg by all means that he would favour him with a sight of it, promis- ing that he would not suffer any one else to see it. The king sent it presently by his servants, who, after they had uncovered and shown it to Verres, expected to carry it back with them to the king ; but Verres declared, that he could not sufficiently admire the beauty of the work, and must have more time to contemplate it ; and obliged them therefore to go away and leave it with him. Several days passed, and the king heard nothing from Verres : so that he thought proper to remind him, by a civil message, of sending back the vessels ; but Verres ordered the servants to call again some other time. In short, after a second message with no better suc- cess, the king was forced to speak to Verres him- self ; upon which Verres earnestly entreated him to make him a present of the candlestick. The king affirmed it to be impossible, on the account of his vow to Jupiter, to virhich many nations were witnesses. Verres then began to drop some threats, but finding them of no more effect than his entreat- ies, he commanded the king to depart instantly out of his province : declaring, that he had received intelligence of certain pirates, who were coming from his kingdom to invade Sicily. The poor king, finding himself thus abused and robbed of his trea- sure, went into the great square of the city, and in a public assembly of the people, calling upon the gods and men to bear testimony to the injury, made a solemn dedication to Jupiter of the candle- stick, which he had vowed and designed for the capitol, and which Verres had forcibly taken from him ". When any vessel, richly laden, happened to arrive in the ports of Sicily, it was generally seized n Rex niaximo conventu SyrScusis in foro flens, ao deos hommesque contestans, clamare coepit, — candela- brum factum e gemniis, quod in Capitoliuni missurus eBset, id sibi C. Verreni abstulisse. — Id etsi antea jam mente et cogitatione sua consecratum essot, tamen turn se in illo conventu civluni Komanoruni dare, douare, dicare, consccrare Jovi Optimo Maximo, &c. — In Verr. iv. 28, 29. by his spies and informers, on pretence of its com- ing from Spain, and being filled with Sertorius's soldiers : and when the commanders exhibited their bills of lading, with a sample of their goods, to prove themselves to be fair traders, who came from different quarters of the world, some producing Tyrian purple, others Arabian spices, some jewels and precious stones, others Greek wines and Asia- tic slaves ; the very proof, by which they hoped to save themselves, was their certain ruin : Verres declared their goods to have been acquired by piracy, and seizing the ships with their cargoes to his own use, committed the whole crew to prison, though the greatest part of them perhaps were Roman citizens. There was a famous dungeon at Syracuse, called the Latomiee, of a vast and horrible depth, dug out of a solid rock, which, having originally been a quarry of stone, was converted to a prison by Dionysius the Tyrant. Here Verres kept great numbers of Roman citizens in chains, whom he had first injured to a degree that made it necessary to destroy them ; whence few or none ever saw the light again, but were commonly strangled by his orders". One Gavins, however, a Roman citizen of the town of Cosa, happened to escape from this dread- ful place, and run away to Messana ; where, fancy- ing himself out of danger, and being ready to embark for Italy, he began to talk of the injuries which he had received, and of going straight to Rome, where Verres should be sure to hear of him. But he might as well have said the words in the prjetor's palace, as at Messana ; for he was pre- sently seized and secured till Verres's arrival, who, coming thither soon after, condemned him as a spy of the fugitives, first to be scourged in the market- place, and then nailed to a cross, erected for the purpose, on a conspicuous part of the shore, and looking towards Italy, that the poor wretch might have the additional misery of suffering that cruel death m sight as it were of his home p. The coasts of Sicily being much infested by pi- rates, it was the custom of all praetors to fit out a fleet every year, for the protection of its trade and navigation. This fleet was provided by a contribu- tion of the maritime towns, each of which usually furnished a ship, with a certain number of men and pro\asions : but Verres for a valuable consideration sometimes remitted the ship, and always discharged as many of the men as were able to pay for it. A fleet however was equipped of seven ships ; but for show rather than service, without their complement either of men or stores, and wholly unfit to act against an enemy ; and the command of it was o Qusccunque navis ex Asia veneret, statini certis indi- cibus et custodibus tenebatur: vectores omnes in Lato- mias conjicicbantm-: onera atque merces in praetoriam domum deferebantiir — eos Sertorianos milites esse, atque a Dianio fugere dicebat, &c. — In Verr. 1. 5. 56. Latomias Syracusanas omnes audistis. Opus est ingens magnificum repum ac tyrannorum. Totum est ex saxo niirandam in altitudinem depresso — nihil tam clausum ad cxitus, nihil tam tutum ad custodias, nee fieri nee cogitari potest. [lb. 27.] Career ille, qui est a crudelissimo tyranno Dionysio factus, quae Latomiic vocantur, in istiua imperio domieilium civium Romanorum fuit. — lb. 55. I' Gavius Lie quem dice, Cosanus, cum in illo nuniero civium ab isto in vincla conjectus osset, et nescio qua ra- tione clam e Latomiis profugissct— loqui Messana; ccepit, et qiieri, se civem Romanum in vincla eonjectuin, sibi recta iter esse Romam, Verri se prssto advenienti futu- runi, i^c. — lb. 61., 30 THE HISTORY OF THE LIFE OF given by him, not to his qua-stor, or one of his lieutenants, as it was usual, but to Cleonienes a Syracusian, wliose wife was his mistress, that he might enjoy her comjiany the more freely at liome, while the husband was employed abroa nofj.irr]t^ iJ.ereiJ.4\r](re ttiv 57]/napxio.u — avayaySiiTt avdis e'jrl rb apxaiov. Ap- pian. ii. p. 445. '> Per idem teinpus Cotta judicandi munus, quod C. Gracchus ercptum senatui, ad Equites, Sylla ab illis ad senatum transtulerat, a;qualiter inter ucrumquc ordinem partitus est. — Veil. Pat. ii. 32. ' Tu es praefectus moribus, magister veteris disciplinte ac severitatis. — Pro Clucntio, 46. ^ Nam mihi cum ambobus est amicitia : cum altero vero, magnus usus et summaneceasitudo.— ProClueutio, 42. 32 THE HISTORY OF THE LIFE OF iudginj; causes', and among them C. Antonius, the uncle of the triumvir ; mibscribing their reasons lor it, that he had idiiiidercd the allies, declined a trial, mortgaged his lands, and was not master of .Ids estate'": yet this very Antonius was elected redile and prictor soon after in his proper course, and within six years advanced to the consulship : which confirms what Ciceio says of this censorian animadversion, that it was become merely nominal, and had uo other eft'ect than of putting a man to the blush". From the impeachment of Verres, Cicero entered upon the ajdileship, and in one of his speeches gives us a short account of the duty of it : "I am now chosen redile, says he, and am sensible of what is committed to me by the Roman people : I am to exhibit with the greatest solemnity the most sacred sports to Ceres, Liber, and Libera ; am to appease and conciliate the mother Flora to the people and city of Rome, by the celebration of the public games ; am to furnish out those ancient shows, the first which were called Roman, with all pos- sible dignity and religion, in honour of Jupiter, Juno, Minerva ; am to take care also of all the sacred edifices, and indeed of the whole city, &c.° " The people were passionately fond of all these games and diversions ; and the public allowance for them being but small, according to the frugality of the old republic, the sediles supplied the rest at their own cost, and were often ruined by it. For every part of the empire was ransacked for what was rare and curious, to adorn the splendour of their shows: the Forum, in which they were ex- hibited, was usually beautified with porticoes built for the purpose, and filled with the choicest statues and pictures which Rome and Italy afforded. Cicero reproaches Appius for draining Greece and the islands of all their furniture of this kind for the ornament of his sedileshipP; and Verres is said to have supplied his friends, Hortensius and Me- tellus, with all the fine statues of which he had plundered the provinces i. Several of the greatest men of Cicero's time had distinguished themselves by an extraordinary expense and magnificence in this magistracy ; Lu- cullus, Scaunis, Lentulus, Hortensius"', and C. Antonius ; who, though expelled so lately from the senate, entertained the city this year with stage-plays, whose scenes were covered with silver; in which he was followed afterwards by Murena' : 1 Quos autcm duo censores, clarissimi viii furti ct cap- tarum pccuniarum nomine notaverunt ; ii non modo in senatum redienmt, sed etiam illarum ipsaruin rerum judiciis absoluti sunt. — Pro Cluent. 42 ; it. Pigh. Annal. ad A. U. 683. ™ Asconius in Oi-at. in Tog. Cand. " Censoris judicium niliil fere damnato affert prseter ruboreni. Itaque quod omnis ea judicatio versatur tan- tummodo in nomine, animadversio ilia ignominia dicta est. — Fragment, e lib. iv. De Repub. ex Nonio. In Verr. v. 14. P Omnia signa, tabulas, omamentorum quod superfiiit in fanU ct enmmunibus locis, tota e Graecia atquo insulis omnibus, honoris populi Romanl causa, deportavit. — Pro Dom. ad Pont. 43. q Asconius. ' De Offic. ii. 16. ' Ego qui trinos ludos jedilis fecerani, tamen Antonii ludis commovebar. Tibi, qui casu nullos feceras, nihil hujus istam ipsam, quam tu irrides, argenteam scenam adverbatam putas? — Pro Muren. 20. Mox, quod etiam in municipiis imitantur, C. Antonius ludos soena argentea fecit : item L. Murena. — Plin. Hist. Nat. xxsiii. 3. yet J. Ctesar outdid them all : and in the sports exhibited for his father's funeral, made the whole furniture of the theatre of solid silver, so that wild beasts were then first seen to tread on that metal*: but the excess of his expense was but in proportion to the excess of his ambition ; for the rest were only purchasing the consulship, he the empire. Cicero took the middle way, and observed the rule which he prescribed afterwards to his son, of an expense agreeable to his circumstances"; so as neither to hurt his character by a sordid illibera- lity, nor his fortunes by a vain ostentation of magnificence ; since the one, by making a maa odious, deprives him of the power of doing good ; the other, by making him necessitous, puts him under the temptation of doing ill: thus Mamercus, by declining the sedileship through frugality, lost the consulship": and Caesar, by his prodigality, was forced to repair his own ruin by ruiniag the republic. But Cicero's popularity was built on a more solid foundation, the affection of his citizens, from a sense of his merit and services ; yet, in compli- ance with, the custom and humour of the city, he furnished the three solemn shows above mentioned, to the entire satisfaction of the people : an expense which he calls little, in respect to the great ho- nours which he had received from them''. The Sicilians, during his ledileship, gave liim.eflTectual proofs of their gratitude, by supplying him largely with all manner of provisions which their island afforded, for the use of his table and the public feasts, which he was obliged to provide in this magistracy : but instead of making any private advantage of their liberality, he applied the whole to the benefit of the poor; and by the help of this extraordinary supply contrived to reduce the price of victuals in the markets.^ Uortensius was one of the consuls of this year; which produced nothing memorable but the dedi- cation of the Capitol by Q. Lutatius Catulus. It had been burnt down in Sylla's time, who under- took the care of rebuilding it, but did not live to see it finished, which he lamented in his last illness, as the only thing wanting to complete his felicity ». By his death that charge fell to Catulus, as being consul at the time, who dedicated it this summer with great pomp and solemnity, and had the honour to have his name inscribed on the front ''. On the occasion of this festival, he is said to ' Cssar, qui postea dictator fuit, prunus in zedilitate, munere patris funebri, oinni apparatu arenas argentco usus est, ferasque argenteis vasis incedere turn priinum visum. — Plin. Hist Nat. xxxiii. 3. ° Quare si postulatur a populo — faciendvun est, modo pro facultatibus ; nos ipsi ut feoimus. — De OfBc. ii. 17. 't Ibid. y Nam pro amplitudine honorum, quos cunctis sufFra- giis adepti sumus, sane exiguus sumtus aedilitatis fuit. — lb. 33. ^ Plutarch, in Cic. '^ Hoc tamcn felicitati suae defuisse confossus est, quod Capitolium non dedicavisset.— Plin. Hist. Nat. vii. 43. Curam victor Sylla suscepit, neque tamen dedicavit: hoc unum felicitati negatum. — Tacit. Hist. iii. 73. b The following inscription was found in the ruins of the Capitol, and is supposed by some to be the very original which Catulus put up ; where it remained, as Tacitus says, to the time of Vitellius. — lb. Q.. LVTATIVS Q. P. Q. N. CATVLVS. COS. SVBSTRVCTIONEM. ET TABVLARIVM. EX. S. C. FACIVNDVM. CVRAV. MARCUS TULLIUS CICERO. 33 have introduced some instances of luxury not known before in Rome, of covering the area, in which the people sat, with a purple veil, imitating the colour of the sky, and defending from the in- juries of it ; and of gilding the tiles of this noble fabric, which were made of copper : for though the ceilings of temples had before been sometimes gilt, yet this was the first use of gold on the out- side of any building"^. Thus the Capitol, like all ancient structures, rose the more beautiful from its ruins ; which gave Cicero an opportunity of paying a particular compliment to Catulus in Verres's trial, where he was one of the judges : for Verres having intercepted, as it is said above, the rich candlestick of king Antiocbus, which was designed for the Capitol, Cicero, after he had charged him with it, takes occasion to say, " I address myself here ta you, Catulus, for I am speaking of your noble and beautiful monument : it is your part to show not only the severity of a judge, but the animosity of an accuser. Your honour is united with that of this temple, and, by the favour of the senate and people of Rome, your name is conse- crated with it to all posterity : it must be your care therefore that the Capitol, as it is now re- stored more splendidly, may be furnished also more richly than it was before ; as if the fire had been sent on purpose from heaven, not to destroy the temple of Jupiter, but to require from us one more shining and magnificent than the former ''.'' In this year Cicero is supposed to have defended Fontfiius and Csecina. Fonteius had been praetor of the Narbonese Gaul for three years, and was afterwards accused by the people of the province, and one of their princes, Induciomanis, of great oppression and exactions in his government, and especially of imposing an arbitrary tax on the exportation of their wines. There were two hear- ings in the cause, yet but one speech of Cicero's remaining, and that so imperfect, that we can hardly form a judgment either of the merit or the issue of it. Cicero allows the charge of the wines to be a heavy one, if true ^ ; and by his method of defence one would suspect it to be so, since his pains are chiefly employed in exciting an aversion to the accusers, and a compassion to the criminal. For, to destroy the credit of the wit- nesses, he represents the whole nation, "as a drunken, impious, faithless people ; natural ene- mies to all religion, without any notion of the sanctity of an oath, and polluting the altars of their gods with human sacrifices : and what faith, what piety," says he, " can you imagine to be in « Quod primus omnium invenit Q. Catulus, cum Capi- tolium dedicaret Plin. xis. 1. Cum sua aetas varie de Catulo existimaTerit, quod tegulas aereas Capitolii inau- rasset primus. — lb. xxxiii. 3. Though Pliny calls Catulus the first inventor of these purple veils, yet Lucretius, who, as some think, died in this year, or, as others more pro- bably, about fiixteen years after, speaks of them as of common use in all the theatres. Carbasus ut quondam magnis intenta theatris. Lib. vi. 108. Et vulgo faoiunt id lutea, russaque vela, Et ferrugina, cum magnis intenta theatris, Per malos volgata, trabesque trementia flutant. Lib. iv. 73. J. Caesar covered the whole Forum with them, and the later emperors the amphitheatres, in all their shows of gladiators and other sports. — Dio, xliii. •^ In Verr. iv. 31. f Pro Fonteio, 5. those, who think that the gods are to be appeased by cruelty and human bloodf .'" And to raise at last the jjjty of the judges, he urges in a pathetic peroration the intercession and tears of Fonteius' sister, one of the vestal virgins, who was then present; opposing the piety and prayers of this holy suppliant, to tlie barbarity and perjuries of the imjnous Gauls ; and admonisliiug the bench of the danger and arrogance of slighting the suit of one, whose petitions, if the gods should reject, they themselves must be all undone, &c.e The cause of Caecina was about the right of suc- cession to a private estate, wliich depended on a subtle point of law*", arising from the interpreta- tion of the praetor's interdict : it shows, however, his exact knowledge and skill in the civil law, and that his public character and employment gave no interruption to his usual diUgence in pleading causes. After the expiration of his aedileship he lost his cousin Lucius Cicero, the late companion of his journey to Sicily ; whose death he lauients with all the marks of a tender affection, in the following letter to Atticus. " You, who of all men know me the best, will easily conceive how much I have been afflicted, and what a loss I have sustained both in ray public and domestic life : for in him I had everything which could be agreeable to a man, from the obliging tem- per and behaviour of another. I make no doubt, therefore, but that you also are affected with it, not only for the share which you bear in my grief, but for your own loss of a relation and a friend, accom- plished with every virtue; who loved you, as well from his o\vn inclination, as from what he used to hear of you from me," &c.' What made his kinsman's death the more unlucky to him at this juncture, was the want of his help in making interest for the prsetorship, for which he now offered himself a candidate, after the usual interval of two years '', from the time of his being chosen Eedile : but the city was in such a ferment all this summer, that there was like to be no elec- tion at all : the occasion of it arose from the publi- cation of some new laws, which were utterly disliked and fiercely opposed by the senate. The first of them was proposed in favour of Pompey, by A. Gabinius, one of the tribunes, as a testimony of their gratitude, and the first fruits, as it were, of that power which he had restored to them. It was to grant him an extraordinary commission for quell- ing the pirates, who infested the coasts and navi- gation of the Mediterranean , to the disgrace of the empire, and the ruin of all commerce' ; by which an absolute command was conferred upon him through all the provinces bordering on that sea, as far as fifty miles within land. These pirates were grown so strong, and so audacious, that they had taken several Roman magistrates and ambassadors prisoners, made some successful descents on Italy itself, and burnt the navy of Rome in the very port f Pro Fonteio, 10. e Ibid. 17. h Tota mihi cansa pro Caeeina, do verbis interdicti fait : res involutas definiendo explicavimus. — Orator. 29. ' Ad Attic, i. k Ut si a;dilis fuisses, post biennium tuus annus esset. — Ep. Fam. x. 25. 1 Quis navigavit, qui non se aut mortis aut servitutis periculo coramitteret, cum aut hicme aut referto pr»do- num mari navigaret ? — Pro Lege Manil. 11. D 34 THE HISTORY OF THE LIFE OF of Ostia"". Yet the grant of a jiower so exorbitant and unknown to tlic laws was strenuously opposed by Catulus, Hortensius, and all the other chiefs of the senate, as dangerous to the public liberty, nor lit to be entrusted to any single person : they alleged, " That these unusual grants were the cause of all the misery that the re])ublie had suffered from tiio proscriptions of Marius and Sylla, who, by a ])erpet\ial succession of extraordinary commands, were made too great to be controlled by the autho- rity of the laws; that though the same abuse of power was not to be apprehended from Pon)i)cy, yet the thing itself was pernicious, and contrary to the constitution of Rome ; that the equality of a democracy required, that the jiublic honours should be shared alike by all who were worthy of them ; that there was no other way to make men worthy, and to furnish the city with a number and choice of experienced commanders : and if, as it was said by some, there were really none at that time fit to command but Pompey, the true reason was, because they would suffer none to command but Pompey"." All the friends of Lucullus were particularly active in the opposition ; apprehending, that this new commission would encroach upon his jirovince and command in the Mithridatic war : so that Gabinius, to turn the popular clamour on that side, got a plan of the magnificent palace, which Lucullus was build- ing, painted upon a banner, and carried about the streets by his mob ; to intimate, that he was making all that expense out of the spoils of the republic". Catulus, in speaking to the people against this law, demanded of them, if everything must needs be committed to Pompey, what they would do if any accident should befall him .' Upon which, as Cicero says, he reaped the just fruit of his virtue, when they all cried out with one voice, that their dependence would then be upon him?. Pompey him- self, who was naturally a great dissembler, affected not only an indifference, but a dislike to the employment, and begged of the people to confer it on somebody else ; and, after all the fatigues which he had undergone in their service, to give him leave to retire to the care of his domestic affairs, and spare him the trouble and odium of so invidious a commission^. But this seeming self- denial gave a handle only to his friends to extol his modesty and integrity the more effectually ; and, since there had been a precedent for the law a few years before, in favour of a man much inferior both in merit and interest, M. Antonius'', it was carried " Qui ad vos ab exteris nationibus venirent, querar, cum legati populi Romani redempti sint ? Mercatoribus tutum marc non fuisse dicam, cum duodecim secures in potestatom pra;donum pervenerint ? — Quid ego Ostiense incommodum, atque illam labem et ignominiani reipub- licEE querar, cum prope inspectantibus vobis, classis ea, cui consul populi Romani propositus esset, a pradonibus capta atque oppressa est ? — Pro Lege Man. 12. ■> Dio, 1. xxxvi. p. 15. o Tugurium ut jam videatur esse ilia villa, quam ipse tribunus plebis pictam olim in concionibus explicabat, quo fortissimum at; summum civem — in invidiam vocaret. —Pro Sext. 43. P Qui cum ex vobis quaereret, si in uno Cn. Pompeio omnia poneretis, si quid eo factum esset, in quo spem essetis habituri ? — Cepit rnagnum suae virtutis fructum, cum omnes una prope voce, in eo ipso vos spem habituros esse dixistis. — Pro Lege Man. 20. , 1 Dio, 1. xxxvi. p. 01. ' Sed idem hoc ante biennium in M. Antonii prEetura decretum.— Veil. Pat. ii. 31. against the united authority of all the magistrates, but with the general inclination of the people : when, from the greatest scarcity of provisions which had been known for a long time in Rome, the credit of Pompey's name sunk the price of them at once, as if plenty had been actually restored', Hut, though the senate could not hinder the law, yet they had their revenge on Gabinius, the author of it, by jireventing his being chosen one of Pom- pey's lieutenants, which was what he chiefly aimed at, and what Pompey himself solicited': though Pompey jirobably made him amends for it in some other way ; since, as Cicero says, he was so neces- sitous at this time, and so jirotiigate, that, if he had not carried his law, he must have turned pirate himself". Pompey had a fleet of five hundred sail allowed for tliis expedition, with twenty-four lieutenants chosen out of the senate* ; whom he distributed so skilfully through the several sta- tions of the Mediterranean, that in less than fifty days he drove the pirates out of all their lurking holes, and in four months put an end to the whole war : for he did not jirepare for it till the end of winter, set out upon it in the beginning of spring, and finished it in the middle of summer*'. A second law was published by L. Otho, for the assignment of distinct seats in the theatres to the equestrian order, who used before to sit promis- cuously with the populace : but by this law four- teen 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 a hundred years before, in the consulship of Scipio Africanus, which highly disgusted the people, and gave occasion, says Livy, 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 dangerous to the public peace : and Scipio himself afterwards repented, and blamed himself for suf- fering 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 and shows : it was carried however by the authority of s Quo die a vobis maritimo bello praepositus est inipe- rator, tanta repente vilitas annonae ex summa inopia et caritate rei frumentariae consecuta est, uaius bominis spe ct nomine, quantum vix ex summa ubertate agrorum diuturna pas efficere potuisset. — Pro Lege Man. 15. ' Ne legaretur A. Gabinius Cn. Pompeio expetenti ac postulanti. — lb. 19. " Nisi rogationem de piratico bello tulisset, profecto egestate ac improbitate coactus piraticam ipse fecisset — Post redit. in Senat. 5. ^ Plutaicb. in Pomp. y Ipse autem, ut a Brundisio profectus est, undequin- quagesimo die totam ad imperium populi Romani Cili- ciam adjunxit — itatantumbellum — Cn. Pompeiusextrema hieme apparavit, ineunte vere suscepit, media estate con- fecit. — Pro Lege Man. 12. ^ L. Otho, vir fortis, mous necessarius, equestri ordini restituit non solum dignitatem, sed etiam voluptatem. — Pro Mur. 19. " P. Africanus ille superior, ut dicitur, non solum a sapientissimis liominibus, qui turn erant, verum etiam a seipso sa!pe aecusatus est, quod cum consul esset — passus esset turn prinium a populari consessu senatoria subsellia separari. — Pro Cornel. 1. Fragment, ex Asconio. [Liv. 1. xxxiv. .'i4.] Ea res avertit vulgi animum et favorem Scipionis vehementer quassavit. — Val. Max. ii. 4. MARCUS TULLIUS CICERO. 36 the tribune, and is frequently referred to by the classic writers, as an act very memorable'', and what made much noise in its time. C. Cornelius also, another tribune, was pushing forward a third law, of a graver kind, to prohibit bribery in elections by the sanction of the severest penalties : the rigour of it highly displeased the senate, whose warm opposition raised great dis- orders in the city ; so that all other business was interrupted, the elections of magistrates adjourned, and the consuls forced to have a guard. The matter however was compounded, by moderating the severity of the penalties in a new law offered by the consuls, which was accepted by Cornelius, and enacted in proper form under the title of the Calpurnian law, from the name of the consul C. Calpurnius Piso'=. Cicero speaks of it still as rigorously drawn "^ ; for besides a pecuniai-y fine, it rendered the guilty incapable of any public office or place in the senate. This Cornelius seems to have been a brave and honest tribune, though somewhat too fierce and impetuous in asserting the rights of the citizens : he published another law, to prohibit any man's being absolved from the obligation of the laws, except by the authority of the people ; which, though a part of the old constitution, had long been usurped by the senate, who dispensed with the laws by their own decrees, and those often made clandestinely, when a few only were privy to them. The senate being resolved not to part with so valuable a privilege, prevailed with another tribune to inhibit the publication of it, when it came to be read ; upon which Cornelius took the book from the clerk, and read it himself. This was irregular, and much inveighed against, as a violation of the rights of the tribunate ; so that Cornelius was once more forced to compound the matter by a milder law, forbidding tlie senate to pass any such decrees, unless when two hundred senators were present. These disturbances how- ever proved the occasion of an unexpected honour to Cicero, by giving him a more ample and public testimony of the people's affection ; for in three different assemblies convened for the choice of praetors, two of which were dissolved without effect, Le was declared every time the first praetor, by the suffrages of all the centuries ^ The prsetor was a magistrate next in dignity to the consuls, created originally as a colleague or assistant to them in the administration of justice, and to supply their place also in absence?. At first there was but one ; but as the dominion and affairs of the republic increased, so the number of praetors was gradually enlarged from one to eight. They were chosen, not as the inferior magistrates, by the people voting in their tribes, but in their centuries, as the consuls and censors also were. In the first method, the majority of votes in each tribe determined the general vote of the tribe, and b sedilibusque magnus in primis Eque3 Othone contempto sedec Hor. Ep. iv. 15. Sic libitum vano, qui nos distinxit, Othoni. Juv. iii. 159. « Dio, 1. xxxvi. c. 18. <• Erat enim severissime scriptaCalpumia. — ProMur.23. e Asconii argument. — Pro Cornelio. ' Kam cum proptey dilati&nem comitiorum ter prsetor primus centuriis cunctis renuntiatus sum. — ^Pro Lege ^lanil. 1 . ,e Aul. Gell. xiii. 15. a majority of tribes determined the election, in which the meanest citizen had as good a vote as the best : but in the second the balance of power was thrown into the hands of the better sort, by a wise contrivance of one of their kings, Servius TuUius; who divided the whole body of the citizens into a hundred and ninety-three centuries, accord- ing to a census or valuation of their estates ; and then reduced these centuries into six classes according to the same rule, assigning to the first or richest class ninety-seven of these centuries, or a majority of the whole number : so that if the centuries of the first class agreed, the affair was over, and the votes of all the rest insignificant''. The business of the praetors was to preside and judge in all causes, especially of a public or crimi- nal kind, where their several jurisdictions were assigned to them by lot'; and it fell to Cicero's to sit upon actions of extortion and rapine, brought against magistrates and governors of provinces '' ; in which, as he tells us himself, he had acted as an accuser, sat as a judge, and presided as praetor'. In this office he acquired a great reputation of in- tegrity by the condemnation of Licinius Macer. a person of praetorian dignity and great eloquence ; who would have made an eminent figure at the bar, if his abilities had not been sullied by the infamy of a vicious life"". " This man," as Plutarch relates it, " depending upon his interest, and the influence of Crassus, who supported him with all his power, was so confident of being acquitted, that without waiting for sentence, he went home to dress him- self, and, as if already absolved, was returning towards the court in a white gown ; but being met on his way by Crassus, and informed that he was condemned by the unanimous suffrage of the bench, he took his bed, and died immediately." The story is told differently by other writers : " That Macer was actually in the court expecting the issue ; but perceiving Cicero ready to give judg- ment against him, he sent one to let him know that he was dead, and stopping his breath at the same time with a handkerchief, instantly expired ; so that Cicero did not proceed to sentence, by which Macer's estate was saved to his son Licinius Calvus, an orator afterwards of the first merit and eminence"." But from Cicero's own account it appears, that after treating Macer in the trial with great candour and equity, he actually condemned him, with the universal approbation of the people; and did himself much more honour and service by it, than he could have reaped, he says, by Macer's friendship and interest, if he had acquitted him". Manilius, one of the new tribunes, no sooner entered into his office, than he raised a fresh dis- turbance in the city, by the promulgation of a law •> From this division of the people into classes, the word classical, which we now apply to writers of the first rank, is derived: for it signified originally persons of the first class, all the rest being styled infra classcm.—A\ii. Gell. vii. 13. ' In Verr. Act. i. 8. ^ Postulatur apud me prjetorem primum de pecuniis repetundis. — Pro Cornel. 1. fragm. 1 Accusavi de pecuniis repetundis, judex sedi, praetor quaesivi, itc. — Pro Rabir. Post. 4. >" Brutus, 353. » Plutarch, in Cic. ; Val. Max. ix. 12. o Nos hie incredibili ac singular! populi vohmtate de C. Macro transegimus : cui cum lequi fuissemus, tamen multo majorem fructum ex populi exisfimatione, iUo damnato, cepimus, quam ex ipsius, si absolutus eeset, gratia cepissemus. — Ad Att. i. 4. H 2 SG THE HISTORY OF THE LIFE OF for granting to slaves set free a riglit of voting among the tribes ; which gave so much scandal to all, and was so vigorously opposed by the senate, that he was presently obliged to drop it^: but being always venal, as Velleius says, and the tool of other men's jjower, that he might recover his credit with the people, and engage the favour of Poinpey, he proj)osed a second law, that Pompey, who was then in Ciiicia extinguishing the remains of the piratic war, should have the government of Asia added to his commission, with the command of the Mithridatic war, and of all the Roman armies in those parts i. It was about eight years since LucuUus was first sent to that war, in which, by a series of many great and glorious acts, he had acquired a reputation both of courage and conduct equal to that of the greatest generals : he had driven Mithridates out of his kingdom of Pontus, and gained several memorable victories against him, though supported by the whole force of Tigranes, the most potent prince of Asia ; till his army, harassed by perpetual fatigues, and debauched by his factious officers, particularly by his brother- in-law young Clodius'', began to grow impatient of his discipline, and to demand their discharge. Their disaffection was still increased by the un- lucky defeat of one of his lieutenants, Triarius ; who, in a rash engagement with Mithridates, was destroyed with the loss of his camp, and the best of his troops : -so that as soon as they heard that Glabrio, the consul of the last year, was appointed to succeed him, and actually arrived in Asia, they broke out into an open mutiny, and refused to follow him any further, declaring themselves to be no longer his soldiers : but Glabrio, upon the news of these disorders, having no inclination to enter upon so troublesome a command, chose to stop short in Bithynia, without ever going to the army '*. This mutinous spirit in LucuUus's troops, and the loss of nis authority with them, which Glabrio was still less qualified to sustain, gave a reasonable pretext to Manilius's law ; and Pompey's success against the pirates, and his being upon the spot with a great army, made it likewise the more plau- sible : so that after a sharp contest and opposition from some of the best and greatest of the senate, the tribune carried his point, and got the law con- firmed by the people. Cicero supported it with all his eloquence, in a speech from the rostra, which he had never mounted till this occasion : where, in displaying the character of Pompey, he draws the picture of a consummate general, with all the strength and beauty of colours which words can give. He was now in the career of his fortunes, and in sight as it were of the consulship, the grand object of his ambition ; so that his conduct was suspected to flow from an interested view of facili- tating his own advancement, by paying this court to Pompey's power : but the reasons already inti- mated, and Pompey's singular character of modesty and abstinence, joined to the superiority of his P Ascon. in Orat. pro Cornel. ; Dio, 1. xxxvi. 20. q Semper venalis, et alienae minister potentis, legem tulit, ut bellum Mithridaticum per Cn. Pompeium ad- ministraretur. — Veil. Pat. IL 33. r Post, exercitu L. Luculli sollicitato per nefandum scelus, fugit illinc. — De Haruspicmn RespoHs. 20; Plu- tarch, in Lucull. ' Pro Lege Manil. 2, 9 ; Plutarch, ib. ; Dio, 1. xxxvi. p. 7. military fame, might probably convince him, that it was not only safe, but necessary at this time, to commit a war, which nobody else could finish, to sucii a general ; and a ])ower, which nobody else ought to be entrusted with, to s\ich a man. This he himself solemnly affirms in the conclusion of his speech: " I call the gods to witness," says he, " and especially those who preside over this temple, and inspect the minds of all who administer the public afl'airs, that I neither do this at the desire of any one, nor to conciliate Pompey's favour, nor to procure from any man's greatness, either a sup- port in dangers, or assistance in honours : for as to dangers, I shall repel them, as a man ought to do, by the protection of my innocence ; and for honours, I shall obtain them, not from any single man, nor from this i)lace, but from my usual laborious course of life, and the continuance of your favour. What- ever pains therefore I have taken in this cause, I have taken it all, I assure you, for the sake of the republic ; and so far from serving any interest of my own by it, have gained the ill will and enmity of many, partly secret, partly declared ; unneces- sary to myself, yet not useless perhaps to you : but after so many favours received from you, and this very honour which I now enjoy, I have made it my resolution, citizens, to prefer your will, the dignity of the republic, and the safety of the provinces, to all my own interests and advantages whatsoever'." J. Caesar also was a zealous promoter of this law; but from a different motive than the love either of Pompey or the republic : his design was, to recommend himself by it to the people, whose favour, he foresaw, would be of more use to him than the senate's, and to cast a fresh load of envy on Pompey, which, by some accident, might be improved afterwards to his hurt ; but his chief view was to make the precedent familiar, that, whatever use Pompey might make of it, he himself might one day make a bad one". For this is the common effect of breaking through the barrier of the laws, by which many states have been ruined ; when, from a confidence in the abilities and integrity of some eminent citizen, they invest him, on pressing occasions, with extraordinary powers, for the com- mon benefit and defence of the society : for though power so entrusted may in particular cases be of singular service, and sometimes even necessary ; yet the example is always dangerous, furnishing a per- petual pretence to the ambitious and ill-designing, to grasp at every prerogative which had been granted at any time to the virtuous, till the same jjower, which would save a country in good hands, oppresses it at last in bad. Though Cicero had now full employment as prae- tor, both in the affairs of state and public trials : yet he found time still to act the advocate, as well as the judge, and not only to hear causes in his own tribunal, but to plead them also at the tribunals of the other praetors. He now defended A. Cluen- tius, a Roman knight of splendid family and for- tunes, accused before the praetor Q. Naso of poison ing liis father in law Oppianicus, who a few years before had been tried and banished for an attempt to poison Cluentius. The oration, which is extant, lays open a scene of such complicated villany, by poisons, murder, incest, suborning witnesses, corrupting judges, as the poets themselves have- « Pro Lege Manil. 24. Dio, 1. xxxyi. p. 21. MARCUS TULLIUS CICERO. 37 never feigned ia any one family ; all contrived by the mother of Cluentius against the life and fortunes of her son : " But what a mother i " says Cicero ; " one, who is hurried blindfold by the most cruel and brutal passions ; whose lust, no sense of shame restrains ; who by the viciousness of her mind per- verts aU the laws of men to the worst ends ; who acts with such folly, that none can take her for a human creature ; with such violence, that none can imagine her to be a woman ; with such cruelty, that none can conceive her to be a mother ; one, •who has confounded not only the name and the rights of nature, but all the relations of it too: the wife of her son-in-law 1 the stepmother of her son ! the invader of her daughter's bed ! in short, who has nothing left in her of the human species but the mere form''." He is supposed to have defended several other criminals this year, though the pleadings are now lost, and particularly M. Fundanius ; but what gives the most remarkable proof of his industry, is that during his prsetorship, as some of the ancient ■writers teU us, though he was in full practice and exercise of speaking, yet he frequented the school of a celebrated rhetorician, Gnipho^'. We cannot suppose that his design was to learn anything new, but to preserve and confirm that perfection which he had already acquired, and prevent any iU habit from grovsdng insensibly upon him, by exercising himself under the observation of so judicious a mas- ter. Bvit his chief view certainly was, to give some coimtenance and encouragement to Gnipho himself, as well as to the art which he professed ; and by the presence and authority of one of the first magis- trates of Rome, to inspire the young nobles with an ambition to excel in it. When his magistracy was just at an end, Mani- lius, whose tribunate expired a few days before, was accused before him of rapine and extortion : and though ten days were always allowed to the criminal to prepare for his defence, he appointed the very next day for the trial. This startled and offended the citizens, who generally favoured Manilius, and looked upon the prosecution as the effect of malice and resentment on the part of the senate, for his law in favour of Pompey. The tribunes therefore called Cicero to an account before the people, for treating Manilius so roughly ; who in defence of himself said, that as it had been his practice to treat all criminals with humanity, so he had no design of acting otherwise with Manilius, but on the contrary, had appointed that short day for the trial, because it was the only one of which he was master ; and that it was not the part of those who wished well to Manilius, to throw off the cause to another judge. This made a wonderful change in the minds of the audience, who applauding his conduct, desired then that he would undertake the defence of ]\laiiilius, to which he consented ; and stepping up again into the rostra, laid open the source of the whole affair, with many severe reflections upon the enemies of Pompey ^. The trial, however, was dropped, on ac- Goimt of the tumults which arose immediately after in the city, from some new incidents of much greater importance. ^ Pro Cluent. 70. y Scholam ejus claros viros frcquentasse aiunt ; in his M. Ciceronem, etiam cum prsetura fungeretur. — Sueton. ^e clar. Grammat. 7 ; Macrot). Saturn, iii. 12. Plutarch, in Cic. At the consular election, which was held tnis summer, P. Autronius Psetus and P. Cornelius Sylla were declared consuls ; but their election was no sooner published, than they were accused of bribery and corruption by the Calpurnian law, and being brought to trial, and found guilty before their entrance into office, forfeited the consulship to their accusers and competitors, L. Manlius Tor- quatus and L. Aurelius Cotta. Catiline also, who from his praetorship had obtained the pro- vince of Afric, came to Rome this year to appear a candidate at the election, but being accused of extortion and rapine in that government, was not permitted by the consuls to pursue his pre- tensions". This disgrace of men so powerful and desperate engaged them presently in a conspiracy against the state, in which it was resolved to kdl the new con- suls, with several others of the senate, and share the government among themselves : but the effect of it was prevented by some information given of the design, which was too precipitately laid to be ripe for execution. Cn. Piso, an audacious, needy, factious young nobleman, was privy to it *• ; and, as Suetonius says, two more of much greater weight, M. Crassus and J. Csesar; the first of whom was to be created dictator, the second his master of the horse : but Crassus's heart failing him, either through fear or repentance, he did not appear at the appointed time, so that Caesar would not give the signal agreed upon, of letting his robe drop from his shoulder'^. The senate was parti- cularly jealous of Piso, and hoping to cure his dis- affection by making him easy in his fortunes, or to remove him at least from the cabals of his asso- ciates, gave him the government of Spain, at the instance of Crassus, who strenuously supported him as a determined enemy to Pompey. But be- fore his setting out, Caesar and he are said to have entered into a new and separate engagement, that the one shoidd begin some disturbance abroad, while the other was to prepare and inflame matters at home : but this plot also was defeated by the unexpected death of Piso ; who was assassinated by the Spaniards, as some say, for his cruelty, or, as others, by Pompey's clients, and at the instigation of Pompey himself. Cicero, at the expiration of his prsetorship, would not accept any foreign province *, the usual a Qui tibi, cum L. Volcatius consul in consilio fuisset, ne petendi quidem potcstatem esse voluerunt.— Orat. in Tog. cand. Catilina, pecuniarum repetundarum reus, prohibitus erat petere consulatum. — Sail. Bell. Cat. 18. b Cn. Piso, adolescens nobilis, summse audacise, egens, factiosus— cum hoc Catilina et Autronius, consilio com- municato, parabant in Capitolio L. Cottam et L. Torquar turn consiiles interficere. Ea re cognita, nirsus in Nona* Feb. consilium ca?dis transtulerant.— Ibid. c Ut principio anni senatum adorirentur, et trucidatis, quos placitum csset, dictan\r:im Crassus invadcret, ipse ab 60 Magister Equitum diccrctur.— Crassum pcenitentia vel motu diem csedi destinatura non obiisse, idcirco, ne Caesarem quidem signuni, quod ab eo dari convenerat, dedisse.— Sueton. in J. Caes. U. d Pactumque, ut simul foris ille, ipse Romas, ad res novas consurgerent. — Ibid. Sunt, qui dicant, imperia ejus injusta barbaros nequi- visse pati : alii autem, equitcs illos, Cn. Pompeii veteres clientes, voluntate ejus Pisonem aggrcssos.— Sail. licU. Cat. 19. e Tu in provinciam ire noluisti: non possum lU m t« ns THE HISTORY OF THK LIFE OF reward of that iiiasistracy, and the chief fruit which tlie generality i)roi)osed from it. lie had no jiarticuhir love for money, nor genius for arms, so that those governme!its had no charms for him : the glory which lie pursued wiis to shine in the eyes of the city, as the guardian of its laws, and to teach the magistrates how to execute, the citizens liow to obey them. But he was now preparing to sue for the consulship, the great object of all his hopes ; and liis whole attention was employed how to obtain it in his ])roper year, and without a re- ])ulse. There were two years necessarily to inter- vene between the pra-torship and consulship ; the first of which was usually spent in forming a gene- ral interest, and soliciting for it as it were in a private manner ; the second in suing for it opeidy in the proper form and habit of a candidate. The affection of the city, so signally declared for him in all the inferior steps of honour, gave him a strong presumption of success in his present pre- tensions to the highest : but as he had reason to apprehend a great opposition from the nobility, who looked upon the public dignities as a kind of birth-right, and could not brook their being inter- cepted and snatched from them by new men ' ; so he resolved to put it out of their })ower to hurt him, by omitting no pains which could be required of a candidate, of visiting and soliciting all the citizens in person. At the election therefore of the tribunes on the sixteenth of July, where the whole city was assembled in the field of Mars, he chose to make his first effort, and to mix himself with the crowd, on purpose to caress and salute them familiarly by name : and as soon as there was any vacation in the forum, which happened usually in August, he in- tended to make an excursion into the Cisalpine Gaul, and in the character of a lieutenant to Piso, the governor of it, to visit the towns and colonies of that province, which was reckoned very strong in the number of its votes, and so return to Rome in January following s. While he was thus em- ployed in suing for the consulship, L. Cotta, a remarkable lover of wine, was one of the censors, which gave occasion to one of Cicero's jokes, that Plutarch has transmitted to us, that happening one day to be dry with the fatigue of his task, he called for a glass of water to quench his thirst', and when his friends stood close around him as he was drink- ing, You do well, says he, to cover me, lest Cotta should censure me for drinking water. He wrote about the same time to Atticus, then at Athens, to desire him to engage all that band of Pompey's dependants who were serving under him in the Mithridatic war ; and by way of jest, bids him tell Pompey himself, that he would not take it ill of him, if he did not come in person to his election ''. Atticus spent many years in this re- sidence at Athens, which gave Cicero an opportu- nity of employing him to buy a great number of reprehendere, quod in meipso praetor— probavi. — Pro Muren. 20. f Non Idem mihi licet quod iis, qui nobili genore nati sunt, quibus omnia populi llomani beneficia dormientibus deferuntur. — In Verr. v. 70. ? Qunniam videtur in suffragiis multum posse Gallia, cumRomsea judiciis forum refrixerit, excurremus mouse Septembri legati ad Pisonem. — Ad Att. i. 1. h Illam manum tu niihi cura ut prsstes, Pompeii nostri amici. Nega me ex iratum fore, si ad mea comitia non venerit.— Ibid. statues for the ornament of his several villas, espe- cially that at Tusculum, in which he took the greatest ])leasure ' ; for its delightful situation in the neighbourhood of Rome, and the convenience of an easy retreat from the hurry and fatigues of the city : here he had built several rooms and gal- leries, in imitation of the schools and jjorticoes of Athens, which he called likewise by their Attic names of the Academy and Gymnasium, and de- signed for the same use of philosophical conferences with Ills learned friends. He had given Atticus a general commission to purchase for him any piece of Grecian art or sculpture, which was elegant and curious, especially of the literary kind, or proper for the furniture of his academy '' ; which Atticus executed to his great satisfaction, and sent him at different times several cargoes of statues, which arrived safe at the port of Cajeta, near to his Formian villa' ; and pleased him always so well, both in the choice and the price of them, that upon, the receipt of each parcel he still renewed his orders for more. " I have paid (says he) a hundred and sixty.four pounds, as you ordered, to your agent Cincius, for the Megaric statues. The Mercuries, which you mentioned, of Pentelician marble, with brazen heads, give me already great pleasure ; wherefore I would have you send me as many of them as you can, and as soon as possible, with any other statues and ornaments which you think proper for the place, and in my taste, and good enough to please yours ; but above all, such as will suit my gym- nasium 'and portico : for I am grown so fond of all things of that kind, that though- others pro- bably may blame me, yet I depend on you to assist me"." Of all the pieces which Atticus sent, he seems to have been the most pleased with a sort of com- pound emblematical figures, representing Mercury and Minerva, or Mercury and Hercules jointly upon one base, called Hermathente and Herme- raclae : for Hercules being the proper deity of the Gymnasium, Minerva of the Academy, and Mercury common to both, they exactly suited the purpose for which he desired them". But he was so intent on embellishing this Tusculan villa with all sorts of Grecian work, that he sent over to Atticus the • Qua; tibi mandavi, et quse tu convenLre intelliges nostro Tusculano, velim, ut scribis, cures: nos ex omnibus molestiis et laboribus uno illo in loco conquiescimus.— Ad Att. i. 5. ^ Quicquid ejusdem generis habebis, dignmn Academia quod tibi videbitur, ne dubitaveris mittere, et arcae nos- tra confidito.— Ad Att. i. ; vid. it. 5, 6, 10. 1 Signa, quae curasti, ea sunt ad Cajetam exposita.— Ibid. 3. >n Ibid. 8. n Hermatbenatuame valde delectat. — Ibid. 1. Quod ad nie de Hermathena scribis, per mihi gratum est — quod et Ilermos commune omnium, et Minerva singular© est insigne ejus gymnasii. — Ibid. 4. Signa nostra et Henne- raolas, cum commodissime poteris, velim imponas. — Ibid. 10. The learned generally take these Hermeraclce and Her- mathaice to be nothing more than a tall square pedestal of stone, which was the emblem of Mercury with the head of the other deity, Slinerva or Hercules, upon it, of which sort there are several still extant, as we see them de- scribed in the books of antiquities. But I am apt to think, that the heads of both the deities were sometimes also joined togotlier upon the same pedestal, looking dif- ferent ways, as we see in those antique figures which are now indiscriminately called Janus's. MARCUS TULLIUS CICERO. 39 plans of his ceilings, which were of stucco-work, in order to bespeak pieces of sculpture or painting to be inserted in the compartments ; with the covers 01 two of his wells or fountains, which according to the custom of those times they used to form after some elegant pattern, and adorn with figures in relief. Nor was be less eager in making a collection of Greek books, and forming a library, by the same opportunity of Atticus's help. This was Atticus's own passion, who having free access to all the libraries of Athens, was employing his slaves in copying the works of their best writers, not only for his own use, but for sale also, and the common profit both of the slave and the master : for Atticus ■was remarkable above all men of his rank for a family of learned slaves, having scarce a footboy in his house who was not trained both to read and write for himP. By tliis advantage he had made a very large collection of choice and curious books, and signified to Cicero his design of selling them ; yet seems to have intimated withal, that he ex- pected a larger sum for them than Cicero would easUy spare : which gave occasion to Cicero to beg of him in several letters to reserve the whole number for him, till he could raise money enough for the purchase. " Pray keep your books," says he, " forme, and do not despair of my being able to make them mine ; which if I can compass, I shall think myself richer than Crassus, and despise the fine villas and gardens of them all")." Again: " Take care that you do not part with your library to any man, how eager soever he may be to buy it ; for I am setting apart all my little rents to purchase that relief for my old age''." In a third letter, he says, '* That he had placed all his hopes of comfort and pleasure, whenever he should retire from business, on Atticus's reserving these books for him'." But to return to the affairs of the city. Cicero was now engaged in the defence of C. Cornelius, who was accused and tried for practices against the state in his late tribunate, before the praetor Q. Gallius. This trial, which lasted four days, was one of the most important in which he had ever been concerned : the two consuls presided in it ; and all the chiefs of the senate, Q. Catulus, L. Lucullus, Hortensius, &c. appeared as witnesses against the criminal'; whom Cicero defended, as Quintilian says, not only with strong, but shining arms, and with a force of eloquence that drew acclamations from the people". He published two Praeterca typos tibi mando, quos in tectorio atrioli poesim includere, et putealia sigillata duo. — Ad Att. i. 10. P In ea erant pueri literatissiiiii, anagnostse optinii, et plurimi librarii ; ut ne pedissoquus quidem quisquam esset, qui non utrumque horum pulchre facere posset. — Corn. Nep. in vita Attici, 13. 1 Libros tuos conserva, et noli despcrarc, eos me meos facere posse : quod si assequor, supero Crassum divitiis, atque omnium vicos et prata contenmo. — Ad Attic, i. 4. •■ Bibliothecam tuam cavecuiquam despondeas, quamvis acrem amatorem inveneris. — Ibid. 10. * Velim cogites, id quod mihi pollicitus es, qiiemadmo- dum bibliothecam nobis conficere possis. Omnem spem delectationis nostra;, quam cum in otium venerimus, habere volumus, in tua humanitate positam habemus. — Ibid. 7. ' Ascon. Argum. " Nee fortibus modo, sed etiam fulgentibiis prseliatus eet Cicero in causa Cornelii. — Lib. viil. 3. orations spoken in this cause, whose loss is a public detriment to the literary world, since they were reckoned among the most finished of his compo- sitions : he himself refers to them as such" ; and the old critics have drawn many examples from them ot that genuine eloquence, which e.xtorts ai>plause and excites admiration. C. Papius, one of the tribunes, pubUshed a law this year to oblige aU strangers to quit the city, as one of his predecessors, Pennus, had done likewise many years before him. The reason which they alleged for it, was the confusion occasioned by the multitude and insolence of foreigners, who assumed the habit and usurped the rights of citizens : but Cicero condemns all these laws as cruel and inlios- pitable, and a violation of the laws of nature and humanity''. Catiline was now brought to a trial for his oppressions in Africa : he had been soliciting Cicero to undertake his defence ; who at one time was much inclined, or determined rather to do it, for the sake of obliging the nobles, especially Csesar and Crassus, or of making Catiline at least his friend, as he signifies in a letter to Atticus: " I design," says he, " at present to defend my com- petitor Catiline : we have judges to our mind, yet such as the accuser himself is pleased with : I hope, if he be acquitted, that he will be the more ready to serve me in our common petition ; but if it fall out otherwise, I shall bear it with patience. It is of great importance to me to have you here as soon as possible : for there is a general persua- sion, that certain nobles of your acquaintance vrill be against me ; and you, I know, could be of the greatest service in gaining them over^." But Cicero changed his mind, and did not defend him*; upon a nearer view perhaps of his designs and traitorous practices ; to which he seems to allude when, describing the art and dissimulation of Catiline, he declares, that he himself was once almost deceived by him, so as to take him for a good citizen, a lover of honest men, a firm and faithful friend, &c.'' But it is not strange, that a candidate for the consulship, in the career of his ambition, should think of defending a man of the first rank and interest in the city, when all the consular senators, and even the consul himself, Torquatus, appeared with him at the trial, and gave testimony in his favour. Whom Cicero excused, when they were afterwards reproached with it, by observing, that they had no notion of his treasons, nor suspicion at that time of his conspiracy ; but out of mere humanity and com- passion defended a friend in distress, and in that crisis of his danger overlooked the infamy of his life^ His prosecutor was P. Clodius, a young noble- man as profligate as himself ; so that it was not difficult to make up matters with such an accuser, who for a sum of money agreed to betray the X Orator. 67, 70. y Usu vero urbis prohibere peregrines sane inhumanum est.— De Offic. iii. U. I Ad Attic, i. 2. » Ascon. in Tog. cand. b Moipsum, me, inquam, quondam ille paenc decepit. cum ct civis mihi bonus, et optimi cuju.sque cupidus. et firmus amicus et fidelis vidoretur.— Pro Caelio, 6- _ c Accusati sunt uno nomine consiilarcs— affuerunt Cati- lina;, eumque laudarunt. Nulla turn patcbat, nulla erat cogiiita conjuratio, &c.— Pro Syll. 29. 40 THE HISTORY OF THE LIFE OF cause, and suffer hiai to escape* : which gave occasion to what Cicero said afterwards in a speech against him in the senate, while they were suing together for the consulsliip : " Wretch ! not to see that thou art not acquitted, but reserved only to a severer trial and heavier punishment"." It was in this year, as Cicero tells us, under the consuls Cotta and Torquatus, that those prodigies hap- pened, which were interi)reted to portend the great dangers and jdots that were now hatching against the state, and broke out two years after in Cicero's consulship ; when the turrets of the Capitol, the statues of the gods, and the brazen image of the infant Romulus sucking the wolf, were struck down by lightning'. Cicero being now in his forty-third year, the proper age required by law?, declared himself a candidate for the consulship along with sk com- petitors, P. Sulpicius Galba, L. Sergius Catilina, C. Antonius, L. Cassius Longinus, Q. Cornificius, C. Licinius Sacerdos. The two first were patri- cians, 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 eques- trian rank". Galba and Cornificius were persons of <* A Catilina pecuniam aecopit, ut turpisslmc prxvari- carctur. — De Ilarusp. Resp. 20. e O miser, qui non scntias illo judicio te non absolutum, verum ad aliquod severius judicium, ac majus supplicium reservatum. — Orat. in Tog. cand. ' Tactus est ille etiam, qui hancurbem condidit, Romu- lus : quem Inauratum in Capitolio parvum atque lactan- tem, uberibus lupinis inliiantem fuisse nieniinistis. — In Catil. iii. 8, This same figure, as it is generally thought, formed in brass, of the infants Romulus and Remus sucking the wolf, is still preserved and shown in the Capitol, with the marks of a liquefaction by a stroke of lightning on one of the legs of the wolf. Cicero himself has described the prodigy in the foUowing lines : Hie silvestris erat Romani nominis altrix Martia ; quse parvos Blavortis semine natos Uberibus gravidis vitali rore rigabat. Quae turn cum pueris flammato fulminis ictu Concidit, atque avulsa pedum vestigia liquit De Divinat. i. 12. It was the same statue, most probably, whence Virgil drew his elegant description : Geminos huic ubera circum liudere pcudcntes pueros, et l.ambere matrem Impavidos. Illam tercti cervice reflexam Mulcere alternos, et corpora fingere lingua. iEneid. viii. 631. The martial twins beneath their mother lay. And hanging on her dugs with wanton play Securely suek'd : whilst she reclined her head To lick their tender limbs, and form them as they fed. e Nonne tcrtio et tricesimo anno mortem obiit ? q!:s est a^tas, nostris legibus, decem annis minor, quam con- salaris. — Philip, v. 17. t The distinction of patrician, plebeian, and nohle, may want a little explication. The title of patrician belonged only, in a proper sense, to those families of which the senate was composed in the earliest times, either of the kings, or the first consuls, before the commons had obtained a promiscuous admission to the public honours, and by that means into the senate. All other families, how considerable soever, were constantly styled plebeian. Patrician then and plebeian are properly opposed to each other ; but noble common to them both : for the character of nobility was wholly derived from the curule magistra- cies which any family had borne ; and those which could great virtue and merit : Sacerdos without any particular blemish upon him ; Cassius lazy and weak, but not thought so wicked as he soon after appeared to be ; Antonius and Catiline, though infamous in their lives and characters, yet by intrigue and faction had acquired a powerful in- terest in the city, and joined all their forces against Cicero, as their most formidable antagonist, in which they were vigorously supported by Crassus and Csesar'. This was the state of the competition ; in which the practice of bribing was carried on so openly and sliamefully by Antonius and Catiline, that the senate thought it necessary to give some check to it by a new and more rigorous law ; but when they were proceeding to publish it, L. Mucius Orestinus, one of the tribunes, put his negative upon them. This tribune had been Cicero's client, and de- fended 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 expos- tulation with Mucius, made a most severe invec- tive 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 was derived"*. Though he had now business enough upon his hands to engage his whole attention, yet we find him employed in the defence of Q. Gallius, the praetor of the last year, accused of corrupt practices in procuring that magistracy. Gallius, it seems, when chosen sedile, had disgusted the people by not providing any wild beasts for their entertain- ment in his public shows ; so that to put them into good humour when he stood for the prjetorship, he entertained them with gladiators, on pretence of giving them in honour of his deceased father'. This was his crime, of which he was accused by M. Callidius, whose father had been impeached before by Gallius. Callidius was one of the most eloquent and accurate speakers of his time, of an easy, flowing, copious style, always dehghting, though seldom warming his audience ; which was the only thing wanting to make him a complete orator. Besides the public crime just mentioned, he charged Gallius with a private one against him- self, a design to poison him ; of which he pretended to have manifest proofs, as well from the testimony of witnesses, as of his own hand and letters : but he told his story with so much temper and indo- lence, that Cicero, from his coldness in opening a fact so interesting, and where his life had been attempted, formed an argument to prove that it could not be true. " How is it possible," says he, boast of the gi-eatest number, were always accoimted the noblest ; so that many plebeians surpassed the patricians themselves in the point of nobility. — Vid. Ascon. argum. in Tog. cand. ' Catilina ct Antonius, quanquam omnibus maxime infamis eorum vita esset, tamen multum poterant. Coi- erant enim ambo, ut Ciceronem consulatu dcjicerent, adjutoribus usi firmissimis, il. Crasso et C. Cafsai'e. — Ascon. argum. in Tog. cand. k Ibid. 1 Ascon. not. ibid. MARCUS TULLIUS CICERO. 41 '' Callidlus, for you to plead in such a manner, if you did not know the thing to be forged ? How could you, who act with such force of eloquence in other men's dangers, be so indolent in your own ? Where was that grief, that ardour, which was to extort cries and lamentations from the most stupid ? We saw no emotion of your mind, none of your body; no striking your forehead, or your thigh; no stamping with your foot : so that instead of feeling ourselves inflamed, we could hardly forbear sleeping, while you were urging all that part of your charge "". " Cicero's speech is lost, but Gallius was acquitted ; for we find him afterwards revenging himself in the same kind on this very Callidius, by accusing him of bribery in his suit for the consulship". J. Caesar was one of the assistant judges this year to the prastor, whose province it was to sit ■upon the sicarii, that is, those who were accused of killing, or carrying a dagger with intent to kill. This gave him an opportunity of citing before him as criminals, and condemning by the law of assas- sinate, all those, who in Sylla's proscription had been known to kill, or receive money for killing a proscribed citizen ; which money Cato also, when he was quaestor the year before, had made them refund to the treasury". Caesar's view was, to mortify the senate and ingratiate himself with the people, by revivmg the Marian cause, which had always been popular, and of which he was naturally the head, on account of his near relation to old Marius : for which purpose he had the hardiness likewise to replace in the Capitol the trophies and statues of Marius, which Sylla had ordered to be thrown down and broken to pieces?. But while he was prosecuting with such severity the agents of Sylla's cruelty, he not only spared, but favoured Catiline, who was one of the most cruel in spilling the blood of the proscribed ; having butchered with his own hands, and in a manner the most brutal, C. Marius Gratidianus, a favourite of the people, nearly related both to Marius and Cicero ; whose head he carried in triumph through the streets to make a present of it to Syllai. But Caesar's zeal provoked L. PauUus to bring Catiline also under the lash of the same law, and to accuse him in form, after his repulse from the consulship, of the murder of many citizens in Sylla's proscription : of which though he was notoriously guilty, yet, contrary to all expectation, he was acquitted''. Catiline was suspected also at the same time of another heinous and capital crime, an incestuous commerce with Fabia, one of the vestal virgins, and sister to Cicero's wife. This was charged upon him so loudly by common fame, and gave such scandal to the city, that Fabia was brought to a trial for it ; but either through her innocence, or o' Brutus, pp. 402, 3. n Epist. Fam. viii. 4. ° Plutarch, in Cato. ; Sueton. J. Cajs. 11. P Quorum auctoritatem, ut, quibus posset niodis, di- minueret, trophsa C. Marii, a Sylla olim disjecta, resti- tuit. — Suet. ib. '1 Qui hominem carissimum populo Romano — omni cniciatu vivum lacerarit ; stanti collum gladio sua dex- tcra secuerit ; cum sinistra capillum ejus a vertice teneret, &c.— Vid. De Petitione Consulat. 3. Quod caput etiam turn plenum animiB et spiritus, ad Syllam, usque a Janiculo ad Eedera Apollinis, manibus ipse suis detulit.— In Tog. caud. "■ BisabsnlutumCatilinam.— Ad Att. i. 16; Sallust.Bell. Cat. 31 ; Dio, 1. hi. p. 34. the authority of her orother Cicero, she was readily acquitted : which gave occasion to Cicero to tell him, among the other reproaches on his flagitious life, that there was no place so sacred, whither his very visits did not carry jioUution, and leave the imputation of guilt, where there was no real crime subsisting". As the election of consuls approached, Cicero's interest appeared to be superior to that of all the candidates : for the nobles themselves, though always envious, and desirous to (Jppress him, yet out of regard to the dangers which threatened the city from many quarters, and seemed ready to burst out into a flame, began to think him the only man qualified to preserve the republic, and break the cabals of the desperate, by the vigour and prudence of his administration : for in cases of danger, as Sallust observes, pride and envy naturally subside, and yield the post of honour to virtue'. 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 candidates severally inscribed upon each : but in Cicero's case, the people were not content with this secret and silent way of testifying their incli- nations ; but before they came to any scrutiny, loudly and universally proclaimed 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 particular citizens, but the common suf- frage of the city ; nor declared by the voice of the crier, but of the whole Roman people". He was the only new man who had obtained this sovereign dignity, or, as he expresses 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". Antonius was chosen his colleague by the majority of a few cen- turies above his friend and partner Catiline ; which was eff'ected probably by Cicero's management, who considered him as the less dangerous and more tractable of the two. Cicero's father died this year on the twenty- fourth of November y, in a good old age, with the comfort to have seen his son advanced to the supreme honour of the city, and wanted nothing to complete the happiness of his life, but the addition of one year more, to have made him a witness of the glory of his consulship. It was in this year s Cum ita vixisti, ut non esset locus tarn sanctus, quo non adventus tuus, etiam cum culpa nulla subcssct, crimen afferret. — Orat. in Tog. cand. ; vid. Ascon. ad locum. t Sed ubi periculum advenit, invidia atquc supcrbia post fuere.— Sallust. Bell. Cat. 23. u Sed tamcn magnifiecntius esse iUo nihil pote.^t, quod meis comitiis non tabellam vindicora tacita: libertafis, sed vocem vivam prae vobis indiceiu vestrarum erga mo voluntatum tulistis. — Itaque me non extrema tribus suf- fragiorum, sed primi Uli vestri concursus, neque singuls voces prasconum, sed ima voce imiversus populus l^mar nus consulem declaravit.— De Leg. Agrar. con. Rull. ii. 2 ; In Pison. 1. X Eum locum, quem nobilitas pra'sidiis firm.ltum, atque omni ratione obvallatum tenebat, me duce rcscidistis.— Me esse unum, ex omnibus novis Iiominibus, de quibus merainisse possumus, qui consulatum petierim, cum primum licitum sit ; consul factus sim, cum primum petierim. — Do Leg. Agrar. ib. i. 2. y Pater nobis decessit ad diem viii. Kal. Decemb. — Ad Att. i. 6. 42 THE HISTORY OF THE LIFE OF also most probably, though some critics seem to lUspute it, that Cicero gave his daughter TuUia in juarriacre at th(! age of thirteen to C. Piso Frugi, n young niihlenian of great hoiH'S, and one of the best families in Rome' : it is certain at least, that his son was born in this same year, as he expressly tells us, in the consul.ship of L. Julius Cicsar and C. Marcius Fitrulus". So that %vith the highest honour which the public could bestow, he received the highest jileasure which private life ordinarily admits, by tlic birth of a son and heir to his family. SECTION III. Cicero was now arrived through the usual gra- dation of honours, at the highest which the people could regularly give, or an honest citizen desire. The offices which he had already borne had but a partial jurisdiction, confined to particular branches of the government ; but the consuls held the reins, and directed the whole machine with an authority as extensive as the empire itself''. The subordi- nate magistracies, therefore, being the steps only to this sovereign dignity, were not valued so much for their own sake, as for bringing the candidates still nearer to the principal object of their hopes, who through this course of their ambition were forced to practise all the arts of poj)u!arity ; to court the little as well as the great, to espouse tlie principles and politics in vogue, and to apply their talents to conciliate friends, rather than to serve the public"^. But the consulship put an end to this subjection, and with the command of the state gave them the command of themselves : so that the only care left was, how to execute this high office with credit and dignity, and employ the power entrusted to them for the benefit and service of their country. We are now, therefore, to look upon Cicero in a different light, in order to form a just idea of his character: to consider him, not as an ambitious courtier, applying all his thoughts and pains to his own advancement ; but as a great magistrate and statesman, administering the affairs and directing the councils of a mighty empire. And according to the accounts of all the ancient writers, Rome never stood in greater need of the skill and vigilance of an able consul than in this very year. For besides the traitorous cabals and conspiracies of those who were attempting to subvert the whole republic, the new tribunes were also labouring to disturb the ^ Tulliolam C. Pisoni, L. F. Frugi despondimus-. — Ad Attic, i. 3. Is. Casaubon, rather than give up an hypo- thesis which he had formed about the earlier date of this letter, will hardlj' allow that TuUia was marriageable at this time, though Cicero himself expressly declares it. — Vid. not. varior. in locum. =1 L. Julio Cicsarc et C. Blarcio Figulo Consulibus, filiolo me auctuin scito, salva Terentia. — Ad Attic, i. 2. b Omnes enim in ConKulis jure et imperio debent esse provincis Philip, iv. 4. Tu summuni imperiuni — gu- hemaeula reipublicae — orbis terrarum imperium. a populo Komano petebas. — Pro Mur. 35. <= Jam urbanam multitudinem, et eorum studia, qui conciones tenent, adeptus es, in Porapeio orando, Manilii causa recipienda, Comelio defendendo, &c. — Nee tamen in petendo respublica capcssenda est, neque in senatu, neque in concione : sed haec tlbi retinenda, i~ and alarms; distracted by pestilent laws and sediti(jus harangues; endangered, not by foreign wars, but intestine evils, and the traitorous designs of profligate citizecs ; and that there was no mischief incident to a state, which the honest had not cause to apprehend, the wicked to expect"^. What gave the greater spirit to the authors of these attempts, was Antonius's advancement to the consulship : they knew him to be of the same prin- ciples and embarked in the same designs with themselves, which, by his authority, they now hoped to carry into effect. Cicero was aware of this ; and foresaw the mischief of a colleague equal to him in power, yet opposite in views, and prejjared to frustrate all his endeavours for the public ser- vice ; so that his first care, after their election, was to gain the confidence of Antonius, and to draw him from his old engagements to the interests of the republic ; being convinced that all the success of his administration depended upon it. He began, therefore, to tempt him by a kind of argument which seldom fails of its effect with men of his character, the offer of power to his ambition, and of money to his pleasures : with these baits he caught him ; and a bargain was presently agreed upon between them, that Antonius should have the choice of the best province which was to be assigned to them at the expiration of their year^ It was the custom for the senate to appoint what particular provinces were to be distributed every year to the several magistrates, who used afterwards to cast lots for them among themselves ; the ])ra;tors for the praetorian, the consuls for the consular pro- vinces. In this partition, therefore, when Mace- donia, one of the most desirable governments of the empire, both for command and wealth, fell to Cicero's lot, he exchanged it immediately with his colleague for Cisalpine Gaul, which he resigned also soon after in favour of Q. Metellus ; being resolved, as he declared in his inauguration speech, to administer the consulship in such a manner, as to put it out of any man's power either to tempt or terrify him from his duty : since he neither sought, nor would accept, any province, honour, or benefit, from it whatsoever ; the only way, says he, by which a man can discharge it with gravity and freedom ; so as to chastise those tribunes who wish ill to the republic, or despise those who wish ill to himselfg' : a noble declaration, and worthy to c Pro Sylla, 22, 23. d Dio, 1, xxxvii. p. 41. e De Lege Agrar. cont. RuU. i. 8, 9 ; ii. 3. f Collegam suum Antonium pactione provincia; pepu- lerat, ne contra rempublicam dissentiret. — Sail. Bell. Cat. 26. S Cimi mihi deliberatum et constitutum sit, itagerere consulatum, quo uno mode gcri gravitor et libere potest, ut neque provinciam, neque honorem, neque omamentum aliquod, aut commoduni — appetiturus sini. — Sic megeram, ut possim iribunum plebis rcipublica; iratum coercere, . uiihi iratmm contemnere. — Contra RuU. i. 8. MARCUS TULLIUS CICERO. 43 be transmitted to posterity for an example to all magistrates in a free state. By this address he entirely drew Antonius into his measures, and had him ever after obsequious to liis will''; or, as he himself expresses it, by his patience and complai- sance he softened and calmed him, eagerly desirous of a province, and projecting many things against the state'. The establishment of this concord between them was thought to be of such importance to the public quiet, that in his first speech to the people, he declared it to them from the rostra, 0S an event the most likely to curb the insolence of the factious, and raise the spirits of the honest, and prevent the dangers with which the city was then threatened''. There was another project likewise which he had much at heart, and made one of the capital points of his administration, to unite the equestrian order with the senate into one common party and interest. This body of men, next to the senators, consisted of the richest and most splendid families of Rome, who, from the ease and affluence of their fortunes, were naturally well-afFected to the prosperity of the republic ; and being also the constant farmers of all the revenues of the empire, had a great part of the inferior people dependent upon them. Cicero imagined, that the united weight of these two orders would always be an over-balance to any other power in the state, and a secure barrier against any attempts of the popular and ambitious upon the common liberty '. He was the only man in the city capable of effecting such a coalition, being now at the head of the senate, yet the dai ling of the knights ; who considered him as the pride and ornament of their order, whilst he, to ingratiate himself the more with them, affected always in public to boast of that extraction, and to call him- self an equestrian ; and made it his special care to protect them in all their affairs, and to advance their credit and interest : so that, as some writers tell us, it was the authority of his consulship that first distinguished and established them into a third order of the state'". The policy was certainly very good, and the republic reaped great benefit from it in this very year, through which he had the whole body of knights at his devotion, who, with Atticus at their head, constantly attended his orders, and served as a guard to his person" : and if the same maxim had been pursued by all succeeding consuls, it might probably have preserved, or would cer- ^ Plutarch in his life. » In Pison. 2. ^ Quod ego et concordia, quam mihi constitui cum collega, invitissimis iis hominibus, quos in consulatu inimicos esse et animis et corporis actibus providi, omni- bus prospexi sane, &c. — Con. Bull. ii. 37. 1 Ut multitudincm cum principibus, equestrem ordinem cum senatu conjunxerim. — In Pison. 3. Ncque uUa vis tanta rcperietur, qua; conjunctionem vestram, equitumque Romanorum, tantamque conspirationem bonorum om- nium perfringere possit. — In Catil. iv. 10. '" Cicero demum stabilivit equestre nomen in consulatu Suo ; ei scnatum concilians, ex eo se ordine profectum celebrans, et ejus vires peculiari popularitate quaercns: ab illo tempore plane hoc tertium corpus in ropublica fac- tum est, ccepitquo adjici senatui populoquc Romano equester ordo.' — Plin. Hist. N. 1. xxxiii. 2. n Vos, equites Romani, videte, scitis me ortum e vobis, omnia semper sensisse pro vobis, &c. — Pro Rabir. Post. 6. •—Nunc vero cum equitatus ille, quem ego in Clivo C'api- tolino, te signifero ac principe, collocaram, scnatum dese- ruerit. — Ad Att. ii. 1. tainly at least have prolonged, the liberty of the republic. Having laid this foundation for the laudable discharge of his consulship, he took possession of it, as usual, on the first of January. A little before his inauguration, P. Servilius Rullus, one of the new tribunes, who entered always into their office on the tenth of December, liad been alarming the senate with the promulgation of an agrarian law. These laws used to be greedily received by the populace, and were proposed, therefore, by factious magistrates, as oft as they had any point to carry with the multitude against the public good : but this law was of all others the most extravagant, and, by a show of granting more to the people than had ever been given before, seemed likely to be accepted. The purpose of it was, to create a decemvirate, or ten commissioners, with absolute power for five years over all the revenues of the republic ; to distribute them at pleasure to the citizens ; to sell and buy what lands they thought fit ; to determine the rights of the present pos- sessors ; to require an account from all the generals abroad, excepting Pompey, of the spoils taken in their wars ; to settle colonies wheresoever they judged proper, and particularly at Capua ; and in short, to command all the money and forces of the empire. The publication of a law conferring powers so excessive, gave a just alarm to all who wished well to the public tranquillity : so that Cicero's first business was to quiet the apprehensions of the city, and to exert all his art and authority to baffle the intrigues of the tribune. As soon, therefore, as he was invested with his new dignity, he raised the spirits of the senate, by assuring them of his reso- lution to oppose the law, and all its abettors, to the utmost of his power ; nor suffer the state to be hurt, or its liberties to be impaired, while the adminis- tration continued in his hands. From the senate he pursued the tribune into his own dominion, the forum ; where, in an artful and elegant speech from the rostra, he gave such a turn to the inclination of the people, that they rejected this agrarian law with as much eagerness as they had ever before received one". He began, "by acknowledging the extraordinary obligations which he had received from them, in preference and opposition to the nobility ; declaring himself the creature of their power, and of all men the most engaged to promote their interests ; that they were to look upon him as the truly popular magistrate ; nay, that he had declared even in the senate, that he would be the people's consul^." He then fell into a commendation of the Gracchi, whose name was extremely dear to them, professing, " that he could not be against all agrarian laws, when he recollected, that those two most excellent men, who had the greatest love for the Roman people, had divided the public lands to the citizens ; that he was not one of those consuls, who thought it a crime to praise the Gracchi ; on whose coun- sels, wisdom, and laws, many parts of the present government were founded i : that his quarrel was to this particular law, which, instead of being popular, or adapted to the true interests of the city, was in reality the est ablishment of a ty r anny, and a creatroa o Quis unquam tarn secunda concione legem Agrarian! suasit, quam ego dissuasi? — Con. Rull. ii. 37. p Ibid. 3. « Ibid. 5. 44 THE HISTOKV OF THE LIFK OF of ten kings to domineer over them." This lie dis- plays at large, from the natural effect of that power which was granted by it': and jjroceeds to insi- nuate, that it was covertly levelled against their favourite Ponii)ey, and particularly contrived to retrench and insult his autliority : " Forgive me, citizens, (says he,) for my calling so often upon so great a name : you yourselves imposed the task upon me, when I was prietor, to join with you in defending his dignity as far as I was able : I have hitherto done all that I could do ; not moved to it by my jirivate friendship for the man, nor by any liopes of honour, and of this supreme magistracy, which I obtained from you, though with his appro- bation, yet without his help. Since then I perceive this law to be designed as a kind of engine to over- turn his power, I will resist the attemjjts of these men ; and as I myself clearly sec what they are aiming at, so I will take care that you shall also see, and be convinced of it too"." He then shows, " how the law, though it excepted Pompey from being accountable to the decemvirate, yet excluded him from being one of the number, by limiting the choice to those who were present at Rome ; that it subjected likewise to tlieir jurisdiction the countries just conquered by him, which had always been left to the management of the general' : upon which he draws a pleasant picture of the tribune RuUus, ■with all his train of officers, guards, lictors, and apparitors", swaggering in Mithridates's kingdom, and ordering Pomjjey to attend him, by a manda- tory letter, in the following strain : "'P. Servilius llullus, tribune of the people, decemvir, to Cnceus Pompey the son of Cnseus, greeting.' " He will not add (says he) the title of great, when he has been labouring to take it from him by law^ " ' I require you not to fail to come presently to Sinope, and bring me a sufficient guard with you, while I sell those lands by my law, which you have gained by your valour.' " He observes, " that the reason of excepting Pompey was not from any respect to him, but for fear that he would not submit to the indignity of being accountable to their will : but Pompey (says he) is a man of that temper, that he thinks it his duty to bear whatever you please to impose ; but if there be«enything which you cannot bear yourselves, lie will take care that you shall not bear it long Jigainst your wills''." He proceeds to enlarge upon " the dangers which this law threatened to their liberties : that instead of any good intended by it to the body of the citizens, its purpose was to erect a power for the oppression of them ; and on pretence of planting colonies in Italy and the provinces, to settle their own creatures and dependants, like so many garrisons, in all the convenient posts of the empire, to be ready on all occasions to support their tyranny : that Capua was to be their head- quarters, their favourite colony ; of all cities the proudest, as well as the most hostile and dangerous ; in which the wisdom of their ancestors would not suffer the shadow of any power or magistracy to remain ; yet now it was to be cherished and advanced to another Rome^ : that by this law the lands of r Contra RuUum, ii. 6, 11, 13, 14. s lb. 18. t lb. 19. >■ lb. 13. » lb. 20. y lb. 23. ■ Ibid. 28. 32. Campania were to be sold or given away; the most fruitful of all Italy, the surest revenue of the republic, and tlieir constant resource when all other rents failed them ; which neither the Gracchi, who of all men studied the people's benefit the most, nor Sylla, who gave everything away without scrui)le, durst venture to meddle with"." In the conclusion he takes notice " of the great favour and approbation with which they had heard him, as a sure omen of their common peace and prospe- rity ; and acquaints them with the concord that he had established with his colleague, as a piece of news of all others the most agreeable; and promises all security to the republic, if they would but .show the same good disposition on future occasions which they had signified on that day ; and that he would make those very men, who had been the most envious and averse to his advancement, con- fess, that the people had seen farther, and judged better than they, in choosing him for their consul." In the course of this contest he often called upon the tribunes to come into the rostra, and debate the matter with him before the people'' ; but they thought it more prudent to decline the challenge, and to attack him rather by fictitious stories and calumnies, sedulously inculcated into the multi- tude ; that his opposition to the law flowed from no good will to them, but an affection to Sylla's party, and to secure to them the lands which they possessed by his grant; that he was making his court by it to the seven tyrants, as they called seven of the principal senators, who were known to be the greatest favourers of Sylla's cause, and the greatest gainers by it ; the two Luculluses, Crassus, Catulus, Hortensius, MeteUus, Philippus. These insinuations made so great an impression on the city, that he found it necessary to defend him- self against them in a second speech to the people <^, in which he declared, " that he looked upon that law, which ratified all Sylla's acts, to be of all laws the most w'icked, and the most unlike to a true law, as it established a tyranny in the city ; yet that it had some excuse from the times, and, in their present circumstances, seemed proper to be supported ; especially by him who, for this year of his consulship, professed himself the patron of peace'' ; but that it was the height of impudence in Rullus, to charge him with obstructing their interests for the sake of Sylla's grants, when the very law which that tribune was then urging, ac- tually established and perpetuated those grants ; and showed itself to be drawn by a son-in-law of Valgius, who possessed more lands than any other man by that invidious tenure, which were all by this law to be partly confirmed, and partly pur- chased of him<^." This he demonstrates from the express words of the law, "which he had studiously omitted, he says, to take notice of before, that he might not revive old quarrels, or move any argu- ment of new dissention in a season so improper' : that Rullus, therefore, who accused him of defend- ing Sylla's acts, was of all others the most impudent » Contra lluUura, ii. 29. l* Si vestruni commoduni spectat, veniat et coram me- cum de agri Campani divibione disputet. — Con. RuU. ii. 28. Commodius fecissent tribuni plcbis, Quiritcs, si, quae apud vos de me deferunt, ea coram potius me prae- sente dixissont.' — Con. Hull. iii. 1. e Ibid. Ibid. 9. y I>io, 1. xixvii. 42. MARCUS TULI. US CICERO. 47 the attention of the city, prevented the farther prosecution and revival of the cause. But Caesar was more successful in another case, in which he was more interested, — his suit for the high priesthood, a post of the first dignity m the republic, vacant by the fleath of Metellus Pius. Labienus opened his way to it by the publication of a new law, for transferring the right of electing from the college of priests to the people, agreeably to the tenor of a former law, which had been repealed by Sylla. Caesar's strength lay in the favour of the populace, which, by immense bribes and the profusion of his whole substance, he had gained on this occasion so effectually, that he carried this high oflfice before he had yet been praetor, against two consular competitors of the first authority in Rome, Q. Catulus and P. Sefvilius Isauricus ; the one of whom had been censor, and then bore the title of prince of the senate, and the other been honoured with a triumph : yet he pro- cured more votes against them, even in their own tribes, than they both had out of the whole number of the citizens^. Catiline was now renewing his efforts for the consulship with greater vigour than ever, and by such open methods of bribery, that Cicero pub- lished a new law against it, with the additional penalty of a ten years' exile ; prohibiting likewise all shows of gladiators within two years from the time of suing for any magistracy, unless they were ordered by the will of a person deceased, and on a certain day therein specified*. Catiline, who knew the law to be levelled at himself, formed a design to kill Cicero, with some other chiefs of the senate '', on the day of election, which was appointed for the twentieth of October ; but Cicero gave information of it to the senate the day before, upon which the election was deferred, that they might have time to deliberate on an affair of so great importance : and the day following, in a full house, he called upon Catiline to clear himself of this charge ; where, •without denying or excusing it, he bluntly told them that there were two bodies in the republic, meaning the senate and the people, the one of them infirm with a weak head, the other firm without a head ; which last had so well deserved of him, that it should never want a head while he lived. He had made a declaration of the same kind and in the same place a few days before, when upon Cato's threatening him with an impeachment, he fiercely replied, that if any flame should be excited in his fortunes, he would extinguish it, not with water, but a general ruin''. These declarations startled the senate, and con- vinced them that nothing but a desperate conspiracy, ripe for execution, could inspire so daring an as- surance : so that they proceeded immediately to that decree which was the usual refuge in all cases * Ita potentissimos duos competitorcs, multumque et atate et dignitate antecedentes, superavit ; ut plura ipse in eoruni tribubus suffragia, quam uterque in omnibus tulerit.— Suet. J. Cscs. 13 ; vide Pigh. Annal. a Pro Muren. 23 ; In Vatin. 15. b Dio, 1. xxxvii. 43. ' Tum en im dixit, duo corpora esse reipublics — unum debile, infirmo capite ; alteram firmuni, sine capite : huic, cum ita dc se meritum esset, caput, se vivo, non defutu- rum.' — Cum idem illc paucis diebus ante Catoni, judicium minitanti, respondisset, — Si quod esset in suas fortunas incendium excitatum, id se non aqua, sed niina restinc- turum. — Pro JIuren. 25, - of imminent danger, of ordering the consuls to take care that the republic received no harm**. Upon this Cicero doubled his guard, and called some troops into the city ; and when the election of consuls came on, that he might imprint a sense of his own and of the public danger the more strongly, he took care to throw back his gown in the view of the people, and discovered a shining breast-plate, which he wore under it'' : by which precaution, as he told Catiline afterwards to his face, he prevented his design of killing both him and the competitors for the consulship, of whom D. Junius Silanus and L. Licinius Murena were declared consuls elect '- Catiline, thus a second time repulsed, and breath- ing nothing but revenge, was now eager and impa- tient to execute his grand plot : he had no other game left ; his schemes were not only suspected, but actually discovered by the sagacity of the con- sul, and himself shunned and detested by all honest men ; so that he resolved without farther delay to put all to the hazard of ruining either his country or himself. He was singularly formed both by art and nature for the head of a desperate conspiracy ; of an illustrious family, ruined fortunes, proHigate mind, undaunted courage, unwearied industry ; of a capacity equal to the hardiest attempt, with a tongue that could explain, and a hand that could execute it?. Cicero gives us his just character in many parts of his works, but in none a more lively picture of him than in the following passage'' : " He had in him," says he, " many, though not express images, yet sketches of the greatest virtues ; was acquainted with a great number of wicked men, yet a pretended admirer of the virtuous. His house was furnished with a variety of temptations to lust and lewdness, yet with several incitements also to industry and labour : it was a scene of vicious pleasures, yet a school of martial exercises. There never was such a monster on earth, compounded of passions so contrary and opposite. Who was ever more agreeable at one time to the best citizens ? who more intimate at another with the worst ? who a man of better principles ? who a fouler enemy to this city .' who more intemperate in pleasure ? who more patient in labour ? who more rapacious in plundering .-' who more profuse in squandering ? He had a wonderful faculty of engaging men to his friendship, and obliging them by his observance ; sharing with them in common whatever he was master of; serving them with his money, his inter- est, his pains, and, when there was occasion, by the most daring acts of villany ; moulding his nature to his purposes, and bending it every way to his will. With the morose, he could live se- verely ; with the free, gaily ; with the old, gravely ; with the young, cheerfully ; with the enterprising, | audaciously ; with the vicious, luxuriously. By a i temper so various and pliable, he gathered about him the profligate and the rash from all countries, , yet h eld attached to him at the same time many j d Sail. IJell. Cat. 29 ; Plutarch, in Cic. ! <-■ Descend! in campum — cum ilia lata insignique lorica — ut omnes boni animadverterent, ct cum in metu ct periculo consulem viderent, id quod factum est, ad opem | prsesidiumque meiun concurrerent. — Pro Muren. 26. j f Cum proximis comitiis consularibus, me consulem in i eampo et competitorcs tuos intcrficere voluisti. compress! i conatus tuos nefarios amicorum prajsidio. — In Cat. i. 5. j g Erat ei consilium ad facinus aptum : consiHo autemj ncque lingua, neque manus deerat. — In Cat. iii. 7- 1- Pro Cil. 5, 6. 18 THE HISTORY OF THE LIFE OF brave and worthy inen, by the specious show of a pretendfil virtue." With these talents, if he had obtained the con- sulship, and with it the command of the armies and j)rovinces of the empire, lie would probably, like another Cinna, have made himself the tyrant of his country : but dcsjiair and im])atience, under his repeated disa])pointmcnts, luuried him on to the mad resolution, of extorting by force what he could not i)ro(uire by address. His scheme how- ever was not without a foundation of ))robability, and there were several reasons for thinking the present time the most seasonable for the execution of it. Italy was drained in a manner of regular troops ; Pompey at a great distance, with the best army of the empire ; and his old friend Antonius, on whose assistance he still depended', was to have the command of all the forces that remained. But his greatest hopes lay in Sylla's veteran soldiers, whose cause he had always espoused, and among whom he had been bred ; who, to the number of about a hundred thousand, were settled in the several dis- tricts and colonies of Italy, in the possession of lands assigned to them by Sylla, which the gene- rality had wasted by their vices and luxury, and wanted another civil war to repair their shattered fortunes. Among these he employed his agents and officers in all parts, to debauch them to his service ; and in Etruria, had actually enrolled a considerable body, and formed them into a little army under the command of Manlius, a bold and experienced centurion, who waited only for his orders to take the field''. We must add to this what all writers mention, the universal disaffection and discontent which possessed all ranks of the city, but especially the meaner sort, who from the uneasiness of their circumstances, and the pressure of their debts, wished for a change of government : so that if Catiline had gained any little advantage at setting out, or come off but equal in the first battle, there was reason to expect a general decla- ration in his favour'. He called a council therefore of all the conspira- tors, to settle the plan of their work, and divide the parts of it among themselves, and fix a proper day for the execution. There were about thirty- five, whose names are transmitted to us as princi- pals in the plot, partly of the senatorian, partly of the equestrian order, with many others from the colonies and municipal towns of Italy, men of fa- milies and interest in their several countries. The senators were, P. Cornelius Lentulus, C. Cethegus, P. Autronius, L. Cassius Longinus, P. Sylla, Serv. Sylla, L. Vargunteius, Q. Curius, Q. Annius, M. Po reins Lecca, L. Bestia". Lentulus was descended from a patrician branch of the Cornelian family, one of the most numerous as well as the most splendid in Rome. His grand- father had borne the title of prince of the senate, and was the most active in the pursuit and destruction of C. Gracchus, in which he received * Inflatum tum spe militum, turn collegas mei, ut ipse dicebat, promissis. — Pro Miiren. 23. k Castra sunt in Italia eontra rempublicam in EtruriiE faucibus coUocata. — In Cat. i. 2 ; it. ii. 6. 1 Sed omnino cuneta plebes, novarum rerum studio, Catilinse incepta probabat — quod si primo prselio Catilina superior, aut isqua manu discessisset, profecto magna clades, &c.— Sallust. Bell. Cat. 27, 2it of the senate soon aftiT by the censors, for the notorious infamy ot his life, till by obtaining the ])rijetorship a second time, which he now actually enjoyed, he recovered his former place and rank in that supreme council". His parts were hut moderate, or rather slow; yet the comeliness of his person, the gracefulness and propriety of his action, the strength and sweetness of his voice, procured him some reputation as a speaker?. He was lazy, luxurious, and profligately wicked ; yet so vain and ambitious, as to expect from the over- throw of the government, to be the first man in the repuWlic ; in which fancy he was strongly flattered by some crafty soothsayers, who assured him from the sibylline books, that there were three Corne- liuses destined to the dominion of Rome ; that Cinna and Sylla had already possessed it, and the pro- phecy wanted to be completed in himi. W'ith these views he entered freely into the conspiracy, trust- ing to Catiline's vigour for the execution, and hoping to reap the chief fruit from its success. Cethegus was of an extraction equally noble, but of a temper fierce, impetuous, and daring to a de- gree even of fury. He had been warmly engaged in the cause of Marius, with whom he was driven out of Rome ; but when Sylla's affairs became prosperous, he presently changed sides, and throw- ing himself at Sylla's feet, and promising great services, was restored to the city'. After Sylla's death, by intrigues and faction, he acquired so great an influence, that while Pompey was abroad, he governed all things at home ; procured for Antonius, that command over the coasts of the Mediterranean, and for LucuUus, the management of the Mithri- datic war^. In the height of this power, he made an excursion into Spain, to raise contributions in that province, where meeting with some opposi- tion to his violences, he had the hardiness to insult, and even wound, the proconsul Q. Metellus Pius'. But the insolence of his conduct and the infamy of his life gradually diminished, and at last de- stroyed his credit ; when finding himself controlled by the magistrates, and the particular vigilance of Cicero, he entered eagerly into Catiline's plot, and was entrusted with the most bloody and desperate D Num P. Lentulum, principem scnatus? Complures alios summos viros, qui cum L. Opimio Consulc armati Gracchum in Aventinum persecuti sunt? quo in praelio Lentulus grave vulnus acccpit. — Phil. viii. 4 ; In Cat. iv. b". Lentulus quoque tunc maxime prtetor, &e. — Flor. iv. 1 ; Die, p. 43 ; Plut. in Cic. P P. Lentulus, cujus et escogitandi et loquendi tardi- tatem tegebat formae dignitas, corporis niotus plenus et artis et venustatis, vocis et suavitas et magnitudo. — Brut. 35(1. 1 Lentulum autem sibi confirmasse ex fatis sibyllinis, lianispicumque responsis, se esse tertium ilium Corne- liuni, ad quern regnum hujus urbis atque imperiiun per- venixe esset necesse, &c. — In Cat. iii. 4 ; it. iv. 6. r Quid Catilina tuis natalibus, atque Cethegl Inveniet quisquam sublimius ? Juv. Sat. viii. 231 ; Appian. 309. s Hie est M. Antonius, qui gratia Cottae consulis et Cethegi factione in senatu, curationem iniinitam nactus, &c.— Ascon. in Verr. ii. 3 ; Plut. in LucuU. t Quis de C. Cethego, atque ejus in Hispaniam profec- tione, ac de vulnere Q,. Metelli Pii cositat, cui non ad illius poenam career aedificatus esse videatur? — Pro SylL 25. MARCUS TULLIUS CICERO. 49 part of it, the task of massacring their enemies witiiin the city. The rest of the conspirators were not less illustrious for their birth". The two Syllas were nephews to the dictator of that name ; Autro- nius had obtained the consulship, but was deprived for bribery ; and Cassius was a competitor for it with Cicero himself. In short, they were all of the same stamp and character ; men whom disap- pointments, ruiiied fortunes, and flagitious lives, had prepared for any design against the state ; and all whose hopes of ease and advancement depended on a change of affairs, and the subversion of the republic. At this meeting it was resolved, that a general insurrection should be raised through Italy, the different parts of which were assigned to different leaders ; that Catiline should put himself at the head of the troops in Etruria ; that Rome should be fired in many places at once, and a massacre oegun at the same time of the whole senate, and all their enemies ; of whom none were to be spared except the sons of Pompey, who were to be kept as hostages of their peace and reconciliation with the father ; that in the consternation of the fire and massacre, Catiline should be ready with his Tuscan army, to take the benefit of the public confusion, and make himself master of the city ; where Len- tulus, in the meanwhile, as first in dignity, was to preside in their general councils ; Cassius to ma- nage the affair of firing it, Cethegus to direct the massacred But the vigilance of Cicero being the chief obstacle to all their hopes, Catiline was very desirous to see him taken off before he left Rome ; upon which two knights of the company undertook to kill him the next moi-ning in his bed, in an early visit on pretence of business y. They were both of his acquaintance, and used to frequent his house ; and knowing his custom of giving free access to all, made no doubt of being readily admitted, as C. Cornelius, one of the two, afterwards confessed*. The meeting was no sooner over, than Cicero had information of all that passed in it ; for by the intrigues of a woman named Fulvia, he had gained over Curius her gallant, one of the conspi- rators of senatorian 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 assembled that evening, as usual, at his house ; informing them not only of the design, but naming the men who were to e.xecute it, and the very hour when they would be at his gate : all which fell out exactly as he foretold ; for the two knights came before break of day, but had the mor- tification to find the house well guarded, and all admittance refused to them". " Curii, Porcii, Syllje, Cethegi, Antonii, Vargunteii, atque Longini : qua familise ? quae senatus insignia ? &c. — Flor. iv. 1. ^ Cum Catilina egrederetur ad esercitum, Lentulus in urbe relinqueretur, Cassius inccndtis, Cethegus c£Edi prae- poneretur.— Pro Syll. 19 ; Vid. Plut. in Ciccr. 7 Dixisti pauUulum tibi esse morse, quod ego viverem : reperti sunt duo Equites Romani, qui te ista cura libera- rent, et sese ilia ipsa nocte ante lucem me meo in lectulo interfecturos pollicerentiu- In CatU. i. 4 ; it. Sallnst. Bell. Cat. 28. » Tunc tuus pater, Corneli, id quod tandem aliquando confitetur, illam sibi officiosam provinciam depoposcit. — Pro Syll. 18. " Domum meani majoribus prasidiis munivi: exclusi cos, quos tu mane ad me salutatiun misoras ; cum illi ipsi Catiline was disappointed likewise in another affair of no less moment before he quitted the city ; a design to surprise the town of Prteneste, one of the strongest fortresses of Itaiy, within twenty-five miles of Rome ; which would have been of singular use to him in the war, and a sure retreat in all events : but Cicero was still beforehand with him, and, from the a))prehension of such an attempt, had previously sent orders to the place to keep a special guard ; so that when Catiline came in the night to make an assault, he found them so well provided, that he durst not venture upon the experiments This was the state of the conspiracy, when Cicero dehvered the first of thoise four speeches, which were spoken upon the occasion of it, and are still extant. The meeting of the conspirators was on the sixth of November, in the evening; and on the eighth he summoned the senate to the temple of Jupiter in the capitol, where it was not usually held but in times of public alarm '^. There had been several debates before this on the same sub- ject of Catihne's treasons, and his design of killing the consul ; and a decree had passed at the motion of Cicero, to offer a public reward to the first dis- coverer of the plot ; if a slave, his liberty, and eight hundred pounds ; if a citizen, his pardon, and six- teen hundred"*. Yet Catiline, by a profound dis- simulation, and the constant professions of his innocence, still deceived many of all ranks ; repre- senting the whole as the fiction of his enemy Cicero, and offering to give security for his beha- viour, and to deliver himself to the custody of any whom the senate would name ; of M. Lepidus, of the prjetor Metellus, or of Cicero himself: but none of them would receive him ; and Cicero plainly told him, that he should never think himself safe in the same house, when he 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 capitol ; which so shocked the whole assembly, thatn^e even of his acquaint- ance durst venture to saluWyiim ; and the consular senators quitted that part orKhe house in which he sat, and left the whole bench clear to him'. Cicero was so provoked by his impudence, that instead of entering upon any business, as he designed, ad- dressing himself directly to Catiline, he broke out into a 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. He put him in mind, " that there was a decree already made against him, by which he could take venissent, quos ego jam multis ac summi.s viris ad me id temporis ventures esse pra?dixeram. — In Catil. i. 4. ^ Quid ? eum tu Prteneste Kalendis ipsis Novembrlbus occupaturum nocturno inipetu confideres ? Sensistine illam coloniam meo jussu, meis prsBsidiis — esse munitam ? —Ibid. i. 3. Prceneste — natura numitum. — Veil. Pat. ii. 26. <: Niliil hie niunitissiinus habendi senatus locus — ^Ib. i. 1. <* Si quis indicasset do conjuratione, qu» contra rempub- licam facta erat, premium, servo, libertatem et sestertia centum ; Uberti), impunitatem et sestertia cc. — Sallust. Bell. Cat. 30. e Cum a me id responsum tulisses, me nuUo modo posse iisdem parietibus tuto esse tecum, qui magno in periculo essem, quod iisdem moenibus coatineremur. — In Catil. i. 8. i Quis te ex hac tanta frequentia, tot ex tuis amicis ac necessariis salutavit ? Quid, quod adventu tuo ista bu1>- sellia vacuefacta sunt ? &C. — lb. i. 7- 60 THE HISTORY OF THE LIFE OF his life^'; and that he ought to have done it long ago, since many, far inori'. eminent and less crimi- nal, had been tai<(ii otl' by the same authority for the suspicion only of treasonable designs ; that if he should order him, therefore, to be killed up6n the spot, there was cause to apprehend that it ■would be thought rather too late than too cruel." — But there was a certain reason which yet withheld him : " Thou shaltthen be put to death," says he, '' when there is not a man to be found so wicked, so desperate, so like to thyself, who will deny it to be done justly. — As long as there is one who dares to defend thee, thou shalt live ; and live so as thou now dost, surrounded by the guards which I have placed about thee, so as not to suffer thee to stir a foot against the republic ; whilst the eyes and ears of many shall watch thee, as they have hitherto done, when thou little thoughtest of it''." He then goes on to give a detail of all that had been concerted by the conspirators at their several meetings, to let him see " that he was perfectly informed of every step which he had taken, or designed to take;" and observes, " that he saw several, at that very time in the senate, who had assisted at those meetings." He presses him, there- fore, to quit the city ; and " since all his councils were detected, to drop the thought of fires and massacres ; — that the gates were open, and nobody should stop him'." Then running over the flagi- tious enormities of his life, and the series of his traitorous practices, lie " exhorts, urges, com- mands him to depart, and, if he would be advised by him, to go into a voluntary exile, and free them from their fears ; that, if they were just ones, they might be safer ; if groundless, the quieter''. That though he would not put the question to the house, whether they would order him into banishment or not, yet he would let him see their sense upon it by their manner of behaving while he was urging him to it ; for should he bid any other senator of credit, P. Sextius, or M. Marcellus, to go into exile, they •srould all rise up against him at once, and lay vio- lent hands on their consul : yet when he said it to him, by their silence they approved it ; by their suffering it, decreed it ; by saying nothing, pro- claimed their consent'. That he would answer likewise for the knights, who were then guarding the avenues of the senate, and were hardly restrained from doing him violence ; that if he would consent to go, they would all quietly attend him to the gates. — Yet, after all, if in virtue of Lis command he should really go into banishment, he foresaw what a storm of envy he should draw by it upon himself ; but he did not value that, if by his own calamity he could avert the dangers of the republic : but there was no hope that Catiline could ever be induced to yield to the occasions of the state, or moved with a sense of his crimes, or reclaimed by shame, or fear, or reason, from his madness"'. He exhorts him, therefore, if he would not go into exile, to go at least, where he was expected, into Manlius's camp, and begin the war ; provided only, that he would carry out with him all the rest of his icrew. — That there he might riot and exult at his full ease, without the mortification of seeing one S Ilabemus senatus consultiim in te, Catilina, veliemens et grave.— In Catil,-i. 1. ^ Ibid, 2. i Ibid. 5. ^ Ibid. 7. » Ibid. 8. «» Ibid. 9. honest man about him ". — There he might practise all that discipline to which he had been trained, of lying upon the ground, not only in jiursuit of his lewd amours, but of bold and liardy enterprises : there he might exert all that boasted patience of hunger, cold, and want, by which however he would shortly find himself undone." He then introduces an expostulation of the republic with himself, " for his too great lenity, in suffering such a traitor to escape, instead of hurrying him lo im- mediate death ; that it was an instance of cowardice and ingratitude to the Roman people, that he, a new man, who, without any recommendation from his ancestors, had been raised by them through all the degrees of honour to sovereign dignity, should, for the sake of any danger to himself, neglect the care of the public safety". To this most sacred voice of my country," says he, "and to all those who blame me after the same manner, I shall make this short answer : that if I had thought it the most advisable to put Catiline to death, I would not have allowed that gladiator the use of one mo- ment's life : for if, in former days, our most illustrious citizens, instead of sullying, have done honour to their memories, by the destruction of Satuminus, the Gracchi, Flaccus, and many others ; there is no ground to fear, that, by killing this parricide, any envy would lie upon me with jioste- rity ; yet if the greatest was sure to befall me, it was always my persuasion, that envy acquired by virtue was really glory, not envy : but there are some of this very order, who do not either see the dangers which hang over us, or else dissemble what they see, who, by the softness of their votes, cherish Catiline's hopes, and add strength to the conspi- racy by not believing it ; whose authority influences many, not only of the wicked, but the weak ; who, if I had punished this man as he deserved, would not have faded to cry out upon me for acting the tyrantP. Now I am persuaded, that when he is once gone into Manlius's camp, whither he actu- ally designs to go, none can be so silly as not to see that there is a plot ; none so wicked, as not to acknowledge it : whereas, by taking off him alone, though this pestilence would be somewhat checked, it could not be sujipressed ; but when he has thrown himself into rebellion, and carried out his friends along with him, and drawn together the profligate and desperate from aU parts of the empire, not only this ripened plague of the republic, but the very root and seed of all our evils, wUl be extirpated with him at once." Then applying himself again to Catiline, he concludes with a short prayer to Jupiter : " With these omens, Catiline, of all pros- perity to the republic, but of destruction to thyself and all those who have joined themselves with tliee in all kinds of parricide, go thy way then to this impious and abominable war; whUstthou, Jupiter, whose religion was established with the foundation of this city, whom we truly call Stator, the stay and prop of this empire, witt drive this man and his accomplices from thy altars and temples, from the houses and walls of the city, from the lives and for- tunes of us all ; and wilt destroy with eternal punishments, both living and dead, all the haters of good men, the enemies of their country, the plunderers of Italy, now confederated in this detest- able league and partnership of villany." n In Catil. 1 10. P Ibid. 12. o Ibid. a. MARCUS TULLIUS CICERO. 61 Catiline, astonished by the thunder of this speech, had little to say for himself in answer to it ; yet, with downcast looks and suppliant voice, he begged of the fathers not to believe too hastily what was said against him by an enemy ; that his birth and past lii'e oifered everything 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 interrupted him by a general outcry, calling him traitor and pamcide : 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 assem- bly i. As soon as he was come to his house, and began to reflect on what had passed, perceiving it in vain to dissemble any longer, he resolved to enter into action immediately, before the troops of the republic were increased, or any new levies made ; so that, after a short conference with Len- tulus, Cethegus, and the rest, about what had been concerted in the last meeting, having given fresh orders and assurances of his speedy return at the head of a strong army, he left Rome that very night with a small retinue, to make the best of his way towards Etruria''. He no sooner disappeared, than his friends gave out that he was gone into a voluntary exile at Mar- seilles' ; which was industriously spread through the city the next morning, to raise an odium upon Cicero for driving an innocent man into banish- ment without any previous trial or proof of his 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 already a quantity of arms, and all the ensigns of military command, with that silver eagle which he used to keep with great super- stition in his house, for its having belonged to C. Marius in his expedition against the Cimbri'. But lest the story should make an ill impression ou the city, he called the people together into the forum, to give them an account of what passed in the senate the day before, and of Catiline's leaving Rome upon it. He began by congratulating with them on Cati- line's flight, as on a certain victory; "since the driving him from his secret plots and insidious attempts on their lives and fortunes into open rebellion, was in effect to conquer him : that Cati- line himself was sensible of it, whose chief regret in his retreat was not for leaving the city, but for leaving it standing". — But if there be any here," 1 Turn iUe furibundus ; — Quoniam quidem circumven- tus, inquit, ab inimiois prseceps agor, incendium meum ruina extinguam.— Sallust. Bell. Cat. 31. ' Ibid. 32. ' At enim sunt, Quirltes, qui dicunt a me in exilium ejectum esse Catilinam Ego vehemens ille consul, qui vcrbo cives in exilium ejicio, &c. — In Catil. ii. 6. ' Cum fasces, cum tubas, cum sigua militaria, cum aquilam illam argentcara, cui ille etiam sacrarium scele- rum domi suas fecerat, scirem esse prjemissam lb. ; Sal- lust. Bell. Cat. 59. u In Catil. ii. I. says he, "who blame me for what I am boasting of, as you all indeed justly may, that 1 did not rather seize than send away so capital an enemy ; that is not my fault, citizens, but the fault of the times. Catiline ought long ago to have suffered the last punishment ; the custom of our ancestors, tlie discipline of the empire, and the republic itself, required it. But how many would there have been who would not have believed what I charged him with ? How many, who, through weakness, would never have imagined it, or through wickedness would have defended it ? " He observes, " that if he had put Catiline to death, he should have drawn upon himself such an odium as would have rendered him unable to prosecute his accom- plices and extirpate the remains of the conspiracy; but so far from being afraid of him now, he was sorry only that he went off with so few to attend him'': that his forces were contemptible, if com- pared with those of the repubhc ; made up of a miserable, needy crew, who had wasted their sub- stance, forfeited their bails, and would run away not only at the sight of an army, but of the prsetor's edict. — That those who had deserted his army, and staid behind, were more to be dreaded than the armv itself ; and the more so, because they knew him to be informed of all their designs, yet were not at all moved by it : that he had laid open all their coun- cils in the senate the day before, upon which Cati- line was so disheartened that he immediately fled : that he could not guess what these others meant ; if they imagined that he should always use the same lenity, they were much mistaken^; for he had now gained what he had hitherto been waiting for, to make all people see that there was a conspiracy : that now, therefore, there was no more room for clemency, the case itself required severity ; yet he would still grant them one thing, to quit the city and follow Catihne ; nay, would tell them the way ; it was the Aurelian road ; and if they would make haste, they might overtake him before night." Then, after describing the profligate life and con- versation of Catiline and his accomplices^, ha declares it " insufferably impudent for such men to pretend to plot ; the lazy against the active, the foolish against the prudent, the drunken against the sober, the drowsy against the vigilant ; who, lolling at feasts, embracing mistresses, staggering with wine, stuffed with victuals, crowned with gar- lands, daubed with perfumes, belch in their con- versations of massacring the honest and firing the city. If my consulship," says he, " since it can not 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 king who can make war upon the Roman people ; all disturbances abroad, both by land and sea, are quelled by the virtue of one man ; but a domestic war still remains ; the treason, the danger, the enemy is within ; we are to combat with luxury, with madness, with villany. In this war I profess myself your leader, and take upon myself all the animosity of the desperate : whatever can possibly be healed, I will heal ; but what ought to be cut off, I wiU never suffer to spread to the ruin of the city."" He then takes notice of the report of CatiHne's being driven into exile, but ridicules the weakness of it ; and says, " that he had put that * In Catil. u. 2. » Ibid. 4. y Ibid. 3. • Ibid. 5. ff2 THE HISTORY OF THP; LIFE OF matter out of doubt, by exposing all his treasons the day before in the senate''." He laments " the wretched condition not only of Kovernins, but even of preserving states: For if Catiline," says he, " baffled by my pains and counsels, should really change his mind, drop all thoughts of war, and betake himself to exile, he would not be said to be disarmed and terrified, or driven from his purpose by my vigilance, but uncondemned and innocent to be forced into banishment by the threats of the consul ; and there would be numbers who would think him not wicked, but unhappy, and me not a diligent consul, but a cruel tyrant." He declares, " that though, for the sake of his own ease or cha- racter, he should never wish to hear of Catiline's being at the head of an army, yet they would certainly hear it in three days' time : that if men were so perverse as to complain of his being driven away, what wotild they have said if he had been put to death ? Yet there was not one of those who talked of his going to Marseilles, but would be sorry for it, if it was true, and wished much rather to see him in Manlius's camp""." He pro- ceeds to describe at large the strength and forces of Catiline, and the different sorts of men of which they were composed ; and then displaying and opposing to them the superior forces of the repub- lic, he shows it to be " a contention of all sorts of virtue against all sorts of vice ; in which, if all human help should fail them, the gods themselves would never suffer the best cause in the world to be vanquished by the worst''." He requires them, therefore, to " keep a watch only in their private houses, for he had taken care to secure the public without any tumult : that he had given notice to all the colonies and great towns of Catiline's retreat, so as to be upon their guard against him : that as to the body of gladiators, whom Catiline always depended upon as his best and surest band, they were taken care of in such a manner as to be in the power of the republic*; though, to say the truth, even these were better affected than some part of the patricians : that he had sent Q. Metel- lus, the praetor, into Gaul and the district of Pice- num, to oppose all Catiline's motions on that side ; and, for settling all matters at home, had summoned the senate to meet again that morning, which, as they saw, was then assembling. As for those, therefore, who were left behind in the city, though they were now enemies, yet, since they were born citizens, he admonished them again and again, that his lenity had been waiting only for an opportunity of demonstrating the certainty of the plot : that for the rest, he should never forget that this was his country, he their consul, who thought it his duty either to live with them, or die for them. There is no guard," says he, " upon the gates, none to watch the roads ; if any one has a mind to with- draw himself, he may go wherever he pleases ; but if he makes the least stir within the city, so as to be caught in any overt act against the republic, he shall know that there are in it vigilant consuls, excellent magistrates, a stout senate ; that there are arms, and a prison, which our ancestors pro- vided as the avenger of manifest crimes ; and all l> In Catil. ii. 6. o Ibid. 7, 8. 9, 10. d Ibid. 11. * Ibid. 12. Decrevere uti familiae gladiatoria; Capuam et in caetera municipia distribuerentur pro cujusque opi- bus.— Salluat Bell. Cat. 30 this shall be transacted in such a manner, citizens, that the greatest disorders shall be quelled without the least hurry ; the greatest dangers, without any tumult ; a domestic war, the most desperate of any in our mcmoi-)', by me, your only leader and gene- ral, in my gown ; which I will manage so, that, as far as it is possible, not one even of the guilty shall suffer jiunishment in the city. Hut if their auda- ciousness, and my country's danger, should neces- sarily drive me from this mild resolution, yet I will effect, 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 safe by the punishment of a few. This I promise, citizens, not from any con- fidence in my own prudence, or from any human councils, but from the many evident declarations of the gods, by whose impulse I am led into this per- suasion ; who assist 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, there- fore, to worship, imjdorc, 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." We have no account of this day's debate in the senate, which met while Cicero was speaking to the people, and were waiting his coming to them from the rostra : but as to Catiline, after staying a few days on the road to raise and arm the coun- try through which he passed, and which his agents had already been disposing to his interests, he marched directly to Manlius's camp, with the fasces and all the ensigns of military command displayed before him. Upon this news, the senate declared both him and Manlius public enemies, with offers of pardon to all his followers who were not con- demned of capital crimes, if they returned to their duty by a certain day ; and ordered the consuls to make new levies, and that Antonius should follow Catiline with the army ; Cicero stay at home to guard the city'. It will seem strange to some, that Cicero, when he had certain information of Catiline's treason, instead of seizing him in the city, not only suf- fered but urged his escape, and forced him as it were to begin the war. But there was good reason for what he did, as he frequently intimates in his speeches ; he had many enemies among the nobility, and Catiline many secret friends ; and though he was perfectly informed of the whole progress and extent of the plot, yet the proofs being not ready to be laid before the public, Catiline's dissimu- lation still prevailed, and persuaded great numbers of his innocence ; so that if he had imprisoned and punished him at this time, as he deserved, the whole faction were prepared to raise a general clamour against him, by representing his admi- nistration 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 account of his troops, he knew them to be so unequal to those of the republic, that there was no doubt of his being destroyed, if he could be pushed to the necessity of. ' Sallust. Bell. Cat. 36. MARCUS TULLIUS CICERO. 63 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, thought- less crew, they would ruin themselves by tlieir own rashness, 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 both to Catiline and to himself, it appeared, that, as far as human caution comld reach, he acted with the utmost prudence in regard as well to his own, as to the public safety. In the midst of all this hurry, and soon after Catiline's flight, Cicero found leisure, according to his custom, to defend L. Murena, one of the consuls elect, who was now brought to a trial for bribery and corruption. Cato liad declared in the senate, that he would try the force of Cicero's late law upon one of the consular candidates e : and since Catiline, whom he chiefly aimed at, was out of his reach, he resolved to fall upon Murena ; yet con- nived at the same time at the other consul, Silanus, who had married his sister, though equally guilty with his colleague'' : he was joined in the accusa- tion by one of the disappointed candidates, S. Sulpicius, a person of distinguished worth and character, and the most celebrated lawyer of the age, for whose service, and at whose instance, Cicero's law against bribery was chiefly provided'. Murena was bred a soldier, and had acquired great fame in the Mithridatic war, as lieutenant to Lucullus''; and was now defended by three, the greatest men, as well as the greatest orators of Rome, Crassus, Hortensius, and Cicero : so that there had seldom been a trial of more expectation, on account of the dignity of all the parties con- cerned. The character of the accusers makes it reasonable to believe, that there was clear proof of some illegal practices ; yet from Cicero's speech, which, though imperfect, is tlie only remaining monument of the transaction, it seems probable, that they were such only as, though strictly speaking irregular, were yet warranted by custom and the example of all candidates ; and though heinous in the eyes of a Cato, or an angry compe- titor, were usually overlooked by the magistrates and expected by the people. The accusation consisted of three heads : the scandal of Murena' s life ; the want of dignity in his character and family ; and bribery in the late election. As to the first, the greatest crime which Cato charged him with was dancing ; to which Cicero's defence is somewhat remarkable : " He admonishes Cato not to throw out such a calumny so inconsiderately, or to call the consul of Rome a dancer ; but to consider how many other crimes a man must needs be guilty of before that of dancing could be truly objected to him ; since no- body ever danced, even in solitude, or a private meeting of friends, who was not either drunk or mad ; for dancing was always the last act of S Dixi in senatu, me nomen consularis candidati dela- •turum.— Pro Muren. 30. Quod atrociter in senatu dixisti, aut non dLxisses, aut seposuissos. — lb. 31 ; Plutar. in Cato. •> Plutarch, in Cato. » Legem ambitus flagitasti— gestus est mos at voluntati et dignitati tuae..— Pro Muren. 23. ^ Legatus L. LucuUo fuit : qua in legations duxit exer- citmn — magnas copias hostium fudit, urbes partim vi, partim obsidione cepit.^Pro Muren. 9. riotous banquets, gay places, and much jollity : that Cato charged him therefore with what was the effect of many vices, yet with none of those, without which that vice could not possibly subsist ; with no scandalous feasts, no amours, no nightly revels, no lewdness, no extravagant expense," &c.- As to the second article, the want of dignity, it was urged chiefly by Sulpicius, who being noble and a patrician, was the more mortified to be defeated by a ]ilebeian, whose extraction he con- temned : but Cicero " ridicules the vanity of thinking no family good, but a patrician ; shows that Murena's grandfather and great-grandfather had been praetors ; and that his father also from the same dignity had obtained the honour of a triumph : that Sulpicius's nobiUty was better known to the antiquaries than to the people ; since his grandfather had never borne any of the principal offices, nor his father ever mounted higher than the equestrian rank : that being there- fore the son of a Roman knight, he had always reckoned him in the same class with himself, of those who by their own industry had opened their way to the highest honours ; that the Curiuses, the Catos, the Pompeiuses, the Mariuses, the Didiuses, the CseUuses were all of the same sort : that when he had broken through that barricade of nobility, and laid the consulship open to the virtuous, as well as to the noble ; and when a consul, of an ancient and illustrious descent, was defended by a consul, the son of a knight ; he never imagined, that the accusers would venture to say a word about the novelty of a family : that he himself had two patrician competitors, the one a profligate and audacious, the other an excellent and modest man ; yet that he outdid Catiline in dignity, Galba in interest ; and if that had been a crime in a new man, he should not have wanted enemies to object it to him'"." He then shows " that the science of arms, in which Murena excelled, had much more dignity and splendour in it than the science of the law, being that which first gave a name to the Roman people, brought glory to their city, and subdued the world to their empire : that martial virtue had ever been the means of conciliating the favour of the people, and recommending to the honours of the state ; and it was but reasonable that it should hold the first place in that city, which was raised by it to be the head of all other cities in the world"." As to the last and heaviest part of the charge, the crime of bribery, there was little or nothing made out against him, but what was too common to be thought criminal; the bribery of shows, plays, and dinners given to the populace ; yet not so much by himself, as by his friends and relations, who were zealous to serve him ; so that Cicero makes very slight of it, and declares himself " more afraid of the authority, than the accusation of Cato ; " and to obviate the influence which the reputation of Cato's integrity might have in the cause, he observes, " that the people in general, and all wise judges, had ever been jealous of the power and interest of an accuser ; lest the criminal should be borne down, not by the weight of his crimes, but the superior force of his adversary. Let the authority of the great prevail," says he, 1 Pro Muren. 6. "Tbid. 7, 8. n Ibid. 9, 10, 11. 64 THE HISTORY OF THE LIFE OF " for the safety of the innocent, the protection of the helpless, the relief of the miserable ; but let its inrtuence be rejjelled from the dangers and destruc- tion of citizens : for if any one should say, that Cato would not have taken the pains to accuse, if lie had not been assured of the crime, he estab- lishes a very unjust law to men in distress, by makinn; the judgment of an accuser to be con- sidered as a prejudice or previous condemnation nf the criminal"." He exhorts " Cato not to be so severe on what ancient custom and the republic itself had found useful ; nor to deprive the people of their plays, gladiators, and feasts, which their ancestors had ajiproved ; nor to take from candi- dates an o])i)ortunity of obliging by a method of expense which indicated their generosity, rather than an intention to corrupt?." But whatever Murena's crime might be, the circumstance which chiefly favoured him was, the difficulty of the times, and a rebellion actually on foot ; which made it neither safe nor prudent to deprive the city of a consul, who by a military education was the best qualified to defend it in so dangerous a crisis. This point Cicero dwells much upon, declaring, " that he undertook this cause, not so much for the sake of Murena, as of the peace, the liberty, the lives and safety of them all. Hear, hear," says he, " your consul, wlio, not to speak arrogantly, 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 than you imagine ; the Trojan horse is within our walls ; which, while I am consul, shall never oppress you in your sleep. If it be asked then, what reason I have to fear Catiline .' none at all ; and I have taken care that 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 ambush, to destroy us the more securely : all these want to see a worthy consul, an experienced general, a man both by nature and fortunes attached to the interests of the republic, driven by your sentence from the guard and custody of the city "J." After urging this topic with great warmth and force, he adds; " 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 possible to acquire more. The enemy is not on the banks of the Anio, which was thought so terrible in the Punic war, but in the city and the forum. Good gods ! (1 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 colleague may quell this rebellion by our arms ; whilst I, in the gown, by the assistance of all the honest, will dispel the other dangers with which the city is now big. But what wUl 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 o Pro Muren. 28. 9 Ibid. 37. P Ibid. 30'. its fury, spreading terror, confusion, fire, and sword through the city," &C.'' This considera- tif>n, so forcibly urged, of the necessity of having two consuls for the guard of the city at the opening of the new year, had such weight with the judges, that without any deliberation they unanimously acquitted IMurena, and would not, as Cicero says, so much as hear the accusation of men, the most eminent and illustrious'. Cicero had a strict intimacy all this while with Sulpicius, whom he had served with all his interest in this very contest for the consulship'. He had a great friendship also with Cato, and the highest esteem of his integrity ; yet he not only defended this cause against them botli, but to take off the prejudice of their authority, laboured even to make them ridiculous ; rallying the profession of Sul- picius 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. What 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 continued 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 pro- curing 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 employed all his power to support him against the violence of Metellus, bis colleague in the tribunate. This was a greatness of mind truly noble, and suitable to the dignity of the persons ; not to be shocked by the particular contradiction of their friends, when their genercil views on both sides were laudable and virtuous : yet this must not be 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 whatsoever^. The examples of this kind will be more or less frequent in states, in pro- portion as the public good happens to be the ruling principle ; for that is a bond of union too firm to be broken by any little differences about the measures of pursuing it : but where private ambition and party zeal have the ascendant, there every opposition must necessarily create animosity, as it obstructs the acquisition of that good, which is considered as the chief end of life, private benefit and advantage. Before the trial of Murena, Cicero had pleaded another cause of the same kind in the defence of C. Piso, who had been consul four years before, and acquired the character of a brave and vigorous r Pro Muren. 39. s Defendi consul L. Murenam — nemo illorum judicum, clarissimis viris accusantibus, audiendum sibi de ambitu curavit, cum bellum jam gerente Catillna, omnes, me auctore, duos consules Kalendis Jan. scirent esse oportere. —Ibid. « Ibid. 3. " Plut. in Cato. * Hanc nobis a majoribus esse traditani disciplinam, ut. nuUius amicitia ad propulsanda pericula impcJiremur.— Pro Sylla, 17. MARCUS TULLIUS CICERO. 5B magistrate : but we have no remains of the speech, nor anything more said of it by Cicero, than that Piso was acquitted on the account of his laudable behaviour in his consulship''. We learn however from Sallust, that he was accused of oppression and extortion in his government; and that the prosecution was promoted chiefly l)y J. Caesar, out of revenge for Pise's having arl)itrarily punished one of his friends or clients in Cisalpine Gaul'. But to return to the affair of the conspiracy : Lentulus and the rest, who were left in the city, were preparing all things for the execution of their grand design, and soliciting men of all ranks, who seemed likely to favour their cause, or to be of any use to it : among the rest, they agreed to make an attempt on the ambassadors of tlie Allobroges ; a warlike, mutinous, faithless people, inhabiting the countries now called Savoy and Dauphiny, greatly disaffected to the Roman power, and already ripe for rebellion. These ambassadors, who were pre- paring to return home, much out of humour with the senate, and without any redress of the griev- ances which they were sent to complain of, received the proposal at first very greedily, and promised to engage their nation to assist the con- spirators with what they principally wanted", a goodbody of horse, whenever they should begin the war ; hut reflecting afterwards, in their cooler thoughts, on the difficulty of the enterprise, and the danger of involving themselves and their coun- try in so des])erate a cause, they resolved to dis- cover what they knew to Q. Fahius Sanga, the patron of their city, who immediately gave intel- ligence of it to the consul^. Cicero's instructions upon it were, that the ambassadors should continue to feign the same zeal which they had hitherto shown, and promise everything that was required of them, till they had got a full insight into the extent of the plot, with distinct proofs against the particular actors in it' : upon which, at their next conference with the con- spirators, they insisted on having some credentials from them to show to their people at home, with- out which they w-ould never be induced to enter into an engagement so hazardous. This was thouglit reasonable, and presently complied with ; and Vulturcius was appointed to go along with the ambassadors, and introduce them to Catiline on their road, in order to confirm the agreement, and exchange assurances also with him ; to whom Len- tulus 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 ambassadors the time and manner of their leaving Rome in the night, and that on the Milvian bridge, about a mile from the city, they should be arrested with their papers and letters about them, by two of the praetors, L. Flaccus and C. Pontinius, whom he had in- structed for that purpose, and ordered to lie in 7 Pro Flacco, 39. ^ Sallust. Bell. Cat. 49. » Ut equitatum in Italiam quamprimum mitterent In Catil. iii. 4. b Allobroges diu incertum habuere, quidnam consilii caperent — Itaque Q. Fabio Sangfe rem omnem, ut cogno- Terunt, aperiunt.— Sail. Bell. Cat. 41. <^ Cicero — legatis pra?cipit, ut studium conjurationis ve- hementer simulant, casteros adeant, bene polliceantur, dentque operam, ut eos quam maxime manifestos habeant. —Ibid. ambush near the place, with a strong guard of friends and soldiers : all which was successfully executed, and the whole company brouglit pri- soners to Cicero's house by break of day''. The rumour of this accident presently drew a resort of Cicero's principal friends about him, who advised him to open the letters before he produced them in the senate, lest, if nothing of moment were found in them, it might be thought rash and im- ]irudcnt to raise an uimecessary terror ami alarm through the city. But he was too well informed of the contents to fear any censure of that kind ; and declared, that in a case of public danger he thought it his duty to lay the 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 informed also of a quantity of arms provided by Cethegus for the use of the conspiracy, he ordered C. Sulpicius, another of the prsetors, to go and search his house, where he foimd a great number of swords and daggers, with other arms, all newly cleaned, and ready for jjresent service'. With this preparation he set out to meet the senate in the temple of Concord, with a numerous guard of citizens, carrying the ambassadors and the conspirators with him in custody : and after he had given the assembly an account of the whole affair, Vulturcius was called in to be examined separately ; to whom Cicero, by order of the house, offered a pardon and reward, if he would faithfully discover all that he knew : upon which, after some hesitation, he confessed that he had letters and instructions from Lentulus to Catiline, to press him to accept the assistance of the slaves, and to lead his army with all expedition towards Rome, to the intent, that when it should be set on fire in different places, and the general massacre begun, he might be at hand to intercept those who escaped, and join with his friends in the city?. The ambassadors were examined next, who de- clared, that they had received letters to their nation from Lentulus, Cethegus, and Statilius ; that these three, and L. Cassius also, required them to send a body of horse as soon as possible into Italy, de- claring that they had no occasion for any foot ; that Lentulus had assured them from the Sibylline books, and the answers of soothsayers, that he was the third Cornelius, who was destined to be master of Rome, as Cinna and Sylla had been be- fore him ; and that this was the fatal year marked for the destruction of the city and empire : that there was some dispute between Cethegus and the d L. Flaccum et C. Pontinium prsetores — ad me vocavi, rem exposui ; quid fieri placerct ostendi — occulte ad pon- tem Jlilvium pervenerunt — ipsi comprehensi ad me, cuui jam dilucesceret, deducuntur. — In Catil. iii. 2. e Cum siunmis et clarissimis hujus civitatis viris, qui, audita re, frequentes ad me convenerant, literas a me prius aperiri, quam ad scnatuni referrem, placeret, ne si nihil esset inventum, tenure a mc tantus tumultus in- jectus civitati videretur, me negavi esse facturum, ut do periculo publico non ad publicum coricilium rem integram deferrem. — lb. iii. 3. { Admonitu Allobrogum— C. Sulpicium— raisi, qui ex sdibus Cethegi, si quid telorum esset, efferret ; ex quibug ille maximum sicarum nuinerum et gladiorum extuUt.— Ibid. ; it. Plutarcb. ia Cic. g In Cat. iii. 4. 66 THE HISTORY OF THE LIFE Of rest about the lime of fiiii.g the city ; for wliile the rest were for lixiiiK it "ii the feast of Saturn, or the middle of Uccembir, CetheRus tliought that day too remote and In Cat. iii. 5, 6. » Quod niihi primum post hanc urbem conditam togato coiitigit qua; supplicatio, si cum ca:teris conferatur, Quirites, hoc interest, quod csEtera ^ene gesta, haeo una conservata Republica constituta est. — ^Ibid. 6. MARCUS TULLIUS CICERO. 57 on which, by the special influence of Jupiter, while the conEpirators and witnesses were carried through the forum to the temple of Concord, in that very moment the statue was fixed in its place ; and, being turned to look upon them and the senate, both they and the senate saw tlic whole conspiracy detected. And can any man," says he, "be sucli an enemy to truth, so rash, so mad, as to deny, that all things which we see, and above all, tliat this city, is governed by the jiower and providence of the gods''?" He proceeds to observe, "that the conspirators must needs be under a divine and judicial infatuation, and could never have trusted affairs and letters of such moment to men barbarous and Tinknown to them, if the gods had not con- founded their senses : and that the ambassadors of a nation so disaffected, and so able and willing to make war upon them, should slight the hopes of dominion, and the advantageous offers of men of patrician rank, 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." He exhorts them, therefore, "to celebrate that thanksgiving-day religiously with their wives and children'. That for all his pains and services he desired no other reward or honour, but the perpetual remembrance of that day : in this he placed all his triumphs and his glory, to have the memory of tliat day eternally propagated to the safety of the city, and the honour of his con- sulship ; to have it remembered, that there were two citizens living at the same time in the repub- lic, the one of whom was terminating the extent of the empire by the bounds of the horizon itself; the other preserving the seat and centre of that empire'". That his case, however, was different from that of their generals abroad, who, as soon as they had conquered their enemies, left them ; whereas it was his lot to live still among those whom he had subdued : that it ought to be their care therefore to see, that the malice of those enemies should not hurt him ; and that what he had been doing for their good should uot redound to his detriment ; though as to himself, he had no cause to fear anything, since he should be protected by the guard of all honest men, by the dignity of the republic itself, by the power of conscience, which all those must needs violate who should attempt to injure him : that he would never yield, therefore, to the audaciousness of any, but even provoke and attack all the wicked and the profli- gate : yet if all their rage at last, when repelled from the people, should turn singly upon him, they should consider what a discouragement it would be hereafter to those who should expose themselves to danger for their safety. That for his part, he would ever support and defend in his private condition what he had acted in his consul- ship, and show, that what he had done was not the effect of chance, but of virtue : that if any envy should be stirred up against him, it might hurt the envious, but advance his glory. — Lastly, since it was now night, he bade them all go home, and pray to Jupiter, the guardian of them and the city ; and though the danger was now over, to keep the same watch in their houses as before, for fear of any surprise ; and he would take care, that they should have no occasion to do it any longer." ^ In Cat. iii. », 9. «> Ibid. 11. 1 Ibid. 10. While the prisoners were before the senate, Cicero desired some of the senators, who could write short-hand, to take notes of everything tliat was said ; and when the whole examination was finished and reduced into an act, he set all the clerks at work to transcribe copies of it, which he dispersed presently through Italy and all the provinces, to prevent any invidious misrepresentation of what was so clearly attested and confessed by the criminals themselves", who for the present were committed to the free custody of the magistrates and senators of their acquaintance", till the senate should come to a final resolution about them. All this passed on the third of December, a day of no small fatigue to Cicero, who, from break of day till the evening, seems to have been engaged, without any refreshment, in examining the witnesses and the criminals, and procuring the decree which was consequent upon it ; and when that was over, ia giving a narrative of the whole transaction to the people, who were waiting for that purpose in the forum. The same night his wife Terentia, with the vestal virgins and the principal matrons of Rome, was performing at home, according to annual custom, the mystic rites of the goddess Bona, or the Good, to which no male creature was ever admitted ; and till that function was over, he was excluded also from his own house, and forced to retire to a neighbour's ; where, with a select council of friends, he began to deliberate about the method of punishing the traitors ; when his wife came in all haste to inform him of a prodigy, which had just happened amongst them ; for the sacrifice being over, and the fire of the altar seemingly extinct, a bright flame issued suddenly from the ashes, to the astonishment of the company ; upon which the vestal virgins sent her away, to require him to pursue what he had then in his thoughts for tlie good of his country, since the goddess by this sign had given great light to his safety and glory P. It is not improbable, that this jiretended prodigy was projected between Cicero and Terentia ; whose sister likewise being one of the vestal virgins, and having the direction of the whole ceremony, might help to effect without suspicion, what had been privately concerted amongst them. For it was of great use to Cicero, to possess the minds of the people, as strongly as he could, with an apprehen- sion of their danger, for the sake of disposing them the more easily to approve the resolution that he had already taken in his own mind, of putting the conspirators to death. The day following, the senate ordered public rewards to the ambassadors and Vulturcius for their faithful discoveries'! ; and by the vigour of their proceedings seemed to shew an intention of treating their prisoners with the last severity. The city in the mean while was alarmed with the rumour " Constitui senatores, qui omnium indicum dicta, terrogata, responsa perscribercnt : describi ab omnibus statim librariis, dividi passim ct peivulgari atque edi populo Komano imperavi divisi toti Italic, emisi in omnes provincias. — Pro Syll. 14, 15. o Vt abdicate magistratu, Lcntulus, itemque caeteri in liberis custodiis liabeantur. Itaque Lentulus, P. Lentulo Spintheri, qui turn xdiliserat; Cetliegus Comificio, &C, — Sallust. Bell. Cat. 47. P Plutarch, in Cic. q PrEcniia legatis AUobrogum, Titoque VuUurcfo d#- distis aniplissima.— Ja Cat. iv. 3. 68 \ THE HISTORY OF THE LIFE OF of fresh plots, formed by the slaves and dependants of Lentulus and Cetlieijjus for the rescue of tlieir mastfrs''; which ohlif^cd ('iccro to reinforce his j^uards ; and for the prevention of all such attempts, to put an end to the whole affair, by bringing the question of their punishment, without farther delay, before the senate ; which he summoned for that purpose the next morning. The debate was of great delicacy and importance ; to decide upon the lives of citizens of the tirst rank. Capital punishments were rare and ever odious in Rome, whose laws were of all others the least san- guinary ; banishment, with confiscation of goods, being the ordinary j)unishment for the greatest crimes. Tlie senate, indeed, as it has been said above, in cases of sudden and dangerous tumults, claimed the ])rerogativc of punishing the leaders with death by the authority of their own decrees : but this was looked upon as a stretch of power, and an infringement of the rights of the people, which nothing could excuse, but the necessity of the times, and the extremity of danger. For there was an old law of Porcius Lseca, a tribune, which granted to all criminals capitally condemned, an appeal to the people ; and a later one of C. Grac- chus, to prohibit the taking away the life of any citizen without a formal hearing before the people ^ : so that some senators, who had concurred in all the previous debates, withdrew themselves from this, to show their dislike of what they expected to be the issue of it, and to have no 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 methods were pursued : he himself was aware of it, and saw, that the public interest called for the severest punishment, his private interest the gentlest ; yet he came resolved to sacrifice all regards for his own quiet to the con- sideration of the public safety. As soon therefore as he had moved the question, what was to be done with the conspirators ; Silanus, the consul elect, being called upon to speak the first, advised, that those who were then in custody, with the rest who should afterwards be taken, should all be put to death". To this, all who spoke after him, readily assented, till it came to J. Csesar, 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 repubHc : and though the heinousness of the crime would justify any severity, 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 r Liberti et pauci ex clientibus Lentuli opifices atque servitia in vicis ad eum eripiendum soUicitabant. — Cethe- gus autem per nuncios familiam, atque libertos suos, leotos et exercitatos in audaciam orabat, ut, grege facto, cum telis ad sese irrumperent. — Sallust. Bell. Cat. ."iO. s Porcia lex virgas ab omnium civium Romanorum corpore amovit libertatem civium lictori eripuit — C. Gracchus legem tulit, ne de capite civium Ilomanorum injussu vestro judicaretur. — Pro Rabirio, 4. • Video de istis, qui se populates haberi volunt, abesse non neminem, ne de capite videlicet Romani civis senten- tiam ferat.' — In Catil. iv. 5. « SaUuet. Bell. Cat. 50. danger could be apprehended from tjieee times, or such a consul as Cicero ; yet in other times, and under another consul, when the sword was once drawn by a decree of the senate, no man could pro- mise what mischief it might not do before it was sheathed again : his opinion therefore was, that the estates of the conspirators should 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''." These two contrary opinions being proposed, the next question was, which of'tlicm should take place : Caesar's had made a great impression on the assem- bly, 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 rising up to put the question, made his fourth speech, which now remains, on the subject of this transaction ; in which he deli- vered his sentiments with all tlie skill both of the orator and the statesman ; and while he seemed to show a perfect neutrality, and to give equal com- mendation to both the opinions, was artfully labouring all the while to turn the scale in favour of Silanus's, which he considered as a necessary example of severity in the present circumstances of the republic. He declared, " That though it was a pleasure to him to observe the concern and solicitude which the senate had expressed on his account, yet he begged of them to lay it all aside, and, without any regard to him, to think only of themselves and their families : that he was willing to suffer any persecution, if by his labours he could secure their dignity and safety : that his life had been oft at- tempted in the forum, the field of Mars, the senate, his own house, and in his very bed : that for their quiet he had digested many things against his will without speaking of them ; but if the gods would grant that issue to his consulship, of saving them from a massacre, the city from flames, all Italy from war, let what fate soever attend himself, he would be content with if." He presses them therefore to " turn their whole care upon the state : that it was not a Gracchus, or a Saturninus, who was now in judgment before them ; but traitors, whose design it was to destroy the city by fire, the senate and people by a massacre ; who had soli- cited the Gauls and the very slaves to join with them in their treason, of which they had all been convicted by letters, hands, seals, and their own confessions'*. That the senate, by several previous acts, had already condemned them ; by their pub- lic thanks to him ; by deposing Lentulus from his prastorship ; by committing them to custody ; by decreeing a thanksgiving ; by rewarding the wit- nesses : but as if nothing had yet been done, he resolved to propose to them anew the question both of the fact and the punishment : that whatever they intended to do, it must be determined before X SaUust. Bell. Cat. 51. y TJt Silanum, consulem designatum non piguerit sen- tentiam suam, quia mutare turpe erat, interpretationa lenirc. — Suet. J. Cses. 14. » I'luta-rch. in Cic. » In Catil. iv. 1. t) Ibid. 2. I MARCUS TULLIUS CICERO. fia night : for the mischief was spread wider than they imagined ; had not only infected Italy, but crossed the Alps, and seized the provinces : that it was not to be suppressed by delay and irresolution, but by quick and vigorous measures'^ : that there were two opinions now before them; the first, of Silanus, for putting the criminals to death; the second, of Cffisar, who, excepting death, was for every other way of punishing; each, agreeably to his dignity, and the importance of the cause, was for treating them with the last severity : the one thought, that those, who had attempted to deprive them all of life and to extinguish the very name of Rome, ought not to enjoy the benefit of living a nioir>ent, and he had showed withal, that this i)unishment had often been inflicted on seditious citizens : the other imagined, that death was not designed by the gods for a punishment, but the cure of our miseries ; so that the wise never suff'ered it unwillingly, the brave often sought it voluntarily ; but that bonds and imprisonment, especially if perpetual, were contrived for the punishment of detestable crimes : these therefore he ordered to be provided for them in the great towns of Italy : yet in this proposal there seemed to be some injustice, if the senate was to impose that burthen upon tlie towns, or some difficulty, if they were only to desire it : yet if they thought fit to decree it, he would undertake to find those, who would not refuse to comply wilh it for the public good : that Cjesar, by adding a penalty on the towns if auy of the criminals should escape, and enjoining so horrible a confinement without a possibility of being released from it, had deprived them of all hope, the only comfort of unhappy mor- tals : he had ordered their estates also to be con- fiscated, and left them nothing but life ; which if he had taken away, he would have eased them at once of all farther pain, either of mind or body : for it was on this account that the ancients invented those infernal punishments of the dead, to keep the wicked under some awe in this life, who with- out them would have no dread of death itself*^. That for his own part, he saw how much it was his interest that they should follow Csesar's opinion, who had always pursued popular measures ; and by being the author of that vote, would secure him from any attack of popular envy ; but if they fol- lowed Silanus's, he did not know what trouble it might create to himself; yet that the service of the republic ought to supersede all considerations of his danger : that Csesar, by this proposal, had given them a perpetual pledge of his affection to the state ; and showed the difference between the aftected lenity of their daily deckimers, and a mind truly popidar, which sought nothing but the real good of the people : that he could not but observe, that one of those, who valued themselves on being po- pular, had absented himself from this day's debate, that he might not give a vote upon the life of a citizen ; yet by concurring with them in all their previous votes, he had already passed a judgment on the merits of the cause : that as to the objection urged by Caesar, of Gracchus's law, forbidding to put citizens to death, it should be remembered, that e In Catil. iv. 3. ^ Itaque ut aHqua in vita formfdo improbis esset posita, apud inferos ejusniodi qua;dani illi antiqui suppUcia impiis constituta esse volucrunt, quod videlicet intellite- bant, his remotis, non esse mortem ipsani pertiniestm- dam.— Ibid. 4. those who were adjudged to be enemies, could no longer be considered as citizens ; and tliat tiie author of that law had himself suffered death by the order of the people : that since Caesar, a man of so mild and merciful a temper, had proposed so severe a punishment, if they should pass it into aa act, they would give him a i)artner andcomi)anion, who would justify him to the people ; but if they ])referred Silanus's opinion, it would be easy stiil to defend both them and himself from any imputa- tion of cruelty : for he wouM maintain it, after aU, to be the gentler of the two ; and if he seemed to be more eager than usual in this cause, it was not from any severity of temper, for no man had less of it, but out of pu»e humanity and clemency." — ■ — Then after forming a most dreadful image of " the city reduced to ashes, of heaps of slaughtered citi- zens, of the cries of mothers and their infants, the violation of the vestal virgins, and the conspirators insulting over the ruins of their country ; " ho affirms it to be " the greatest cruelty to the repub- lic, to show any lenity to the authors of such hor- rid wickedness ; unless they would call L. Caesar cruel, for declaring the other day in the senate, that Lentulus, who was his sister's husband, had deserved to die : that they ought to be afraid rather of being thought cruel for a remissness of punish- ing, than for any severity which could be used against such outrageous enemies : that he would not conceal from them what he had heard to be propagated through the city, that they had not sufficient force to support and execute their sen- tence^ : but he assured them, that all things of that kind were fully provided ; that the whole body of the people was assembled for their defence ; that the forum, the temples, and all the avenues of the senate were possessed by their friends ; that the equestrian order vied with the senate itself in their zeal for the republic ; whom, after a dis- sention of many years, that day's cause had entirely reconciled and united with them ; and if that union, which his consulship had confirmed, was preserved and perpetuated, he was confident that no civil or domestic evil could ever again disturb them'. That if auy of them were shocked by the report of Lentulus's agents running up and down the streets, and soliciting the needy and silly to make some effort for his rescue, the fact indeed was true, and the thing had been attempted ; but not a man was found so desperate, who did not prefer the possession of his shed, in which he worked, his little hut and bed in which he slept, to any hopes of change from the public confusion : for all their subsistence depended on the peace and fullness of the city ; and if their gain would be interrupted by shutting up their shops, how much more would it be so by burning them .' — Since the people then were not wanting in their zeal and duty towards them, it was their part not to be wanting to the people^. That they had a consul snatched from various dangers and the jaws of death, not for the propagation of his own life, but of their security ; such a consul as they would not always have, watchful for them, regardless of him- self : they had also, what was never known before, the whole Roman people of one and the same mind : that they should reflect how one night had almost demoli shed the mighty fabric of their ^^n Catil. iv. 6. ' IbW- 7. K Ibid. 8. 00 THE HISTORY OF THE LIFE OF empire, raisnl by such pains and virtue of men, liy such favour and kindness of the L-ods : that by their behaviour on that day they were to provide, that the same tliint,' shouki not only never be attempted, but not so much as tliought of again by any citi- zen ''. That as to himself, though he had now drawn ujion him the enmity of the whole band of conspirators, lie looked upon them as a base, abject, contem])tible faction ; but if, through the madness of any, it should ever rise again, so as to ])tevail against the senate and the republic, yet he should never be induced to repent of his present conduct ; for death, with which perhaps they would threaten him, was prepared for all men; but none ever acquired that glory of life, which they had conferred upon him by their decrees : for to all others they decreed thanks for having served the republic suc- cessfully ; to him alone for having saved it. He hoped therefore, that there might be some place for his name among the Scipios, Paulluses, Mariuses, Pompeys ; unless it were thought a greater thing to open their way into new provinces, than to provide that their conquerors should have a home at last to return to : that the condition however of a foreign victory was much better than of a domestic one ; since a foreign enemy, when conquered, was either made a slave or a friend : but when citizens once turn rebels, and are baffled in their plots, one can neither keep them quiet by force, nor oblige them by favours : that he had undertaken therefore an eternal war with all traitorous citizens ; but was contident, that it would never hurt either him or his, while the memory of their past dangers sub- sisted, or that there could be any force strong enough to overpower the present union of the senate and the knights' : That in lieu therefore of the command of armies and provinces, which he had declined ; of atriumphand all other honours, ■which he had refused ; he required nothing more from them, than the perpetual remembrance of his consulship : while that continued fixed in their minds, he should think himself impregnable: but if the violence of the factious should ever defeat his hopes, he recommended to them his infant son, and trusted, that it would be a sufficient guard, not only of his safety, but of his dignity, to have it remem- bered, that he was the son of one who, at the hazard of his own life, had preserved the lives of them all." He concludes, by exhorting them to *' act with the same courage which they had hi- therto shown through all this affair, and to proceed to some resolute and vigorous decree ; since their lives and liberties, the safety of the city, of Italy, and the wliole empire, depended upon it." This speech had the desired effect ; and Cicero, by discovering his own inclination, gave a turn to the inclination of the senate ; when Cato, one of the new tribunes, rose up, and after extolling Cicero to the skies'', and recommending to the assembly the authority of his example and judg- ment, proceeded to declare, agreeably to his temper and principles, "That he 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, how to secure l> In Catil. iv. 9. » Ibid. 10. k Quae omnia quia Cato laudibus extulerat in ccelum. — [Ep. ad Att. xii. 21.] Ita consiilis virtutem amplificavit, ut universus senatus in ejus sententiam transiret.— Veil. i*at. ii. 35. themselves against them, ratlier than how to punish them r that other crimes might be jiunished after commission, but unless this was ]irevented before its effect, it would be vain to seek a remedy after : that the debate was not about the public revenues, or the oppressions of the allies, l)ut about their own lives and liberties ; not about tlie discipline or manners of the city, on which he had oft deli- vered his mind in that place, nor about the greatness or prosperity of their empire, l)ut whether they or their enemies should jiossess that empire ; and in such a case there could be no room for mercy. That they had long since lost and confounded the true names of things : to give away other people's money was called generosity ; and to attempt what was criminal, fortitude, liut if they must needs be generous, let it be from the spoils of the allies ; if merciful, to the jilunderers of the treasury : but let them not be prodigal of the blood of citizens, and by sparing a few bad destroy all the good. That Caesar indeed had spoken well and gravely concerning life and death ; taking all infernal punishments for a fiction, and ordering the crimi- nals therefore to be confined in the corporate towns ; as if there was not more danger from them in those towns, than in Rome itself, and more encouragement to the attempts of the desperate, where there was less strength to resist them ; so that his proposal could be of no use, if he was really afraid of them : but if in the general fear he alone had none, there was the more reason for all the rest to be afraid for themselves. That they were not deliberating on the fate only of the con- spirators, but of Catiline's whole army, which would be animated or dejected in proportion to the vigour or remissness of their decrees. That it was not the arms of their ancestors which made Rome so great, but their discipline and manners, which were now depraved and corrupted : that in the extremity of danger it was a shame to see them so indolent and irresolute, waiting for each other to speak first, and trusting, like women, to the gods, without doing anything for themselves : that the help of the gods was not to be obtained by idle vows and supplications : that success attended the vigilant, the active, the provident ; and when people gave themselves up to sloth and laziness, it was in vain for them to pray ; they would find the gods angry with them : that the flagitious lives of the criminals confuted every argument of mercy : that Catiline was hovering over them with an army, while his accomplices were within the walls, and in the very heart of the city ; so that, whatever they determined, it could not be kept secret, which made it the more necessary to determine quickly. Wherefore his opinion was, that since the criminaJs had been convicted, both by testimony and their own confession, of a detestable treason against the republic, they should suffer the punishment of death, according to the custom of their ancestors'." Cato's authority, added to the impression which Cicero had already made, put an end to the debate; and the senate, applauding his vigour and resolu- tion, resolved upon a decree in consequence of it". And though Silanus had first proposed that opinion, and was followed in it by all the consular senators, yet they ordered the decree to be drawn in Cato's words, because he had delivered himself more fully 1 Sallust. Bell. Cat. 62. ■n Ibid. 53. MARCU6 TULLIUS CICERO. 61 and explicitly upon it than any of them". The ■vote was no sooner passed, than Cicero resolved to put it in execution, lest the night, whiuh was coming on, should produce any new disturbance : he went directly therefore from the senate, attended by a numerous guard of friends and citizens, and took Lentulus from the custody of his kinsman Lentulus Spinther, and conveyed him through the forum to the common prison, where he delivered him to the executioners, who presently strangled him. The other conspirators, Cethegus, Statilius, and Gabinius, were conducted to their execution by the praetors, and put to death in the same man- ner, together with Coeparius, the only one of their accomplices who was taken after the examination". When the affair was over, Cicero was conducted home in a kind of triumph by the whole body of the senate and the knights ; the streets being all illuminated, and the women and children at the windows and on the tops of houses, to see him pass along, through infinite acclamations of the multitude proclaiming him their saviour and de- liverer p. This was the fifth of December, those celebrated nones, of which Cicero used to boast so much ever after, as the most glorious day of his life : and it is certain, that Rome was indebted to him on this day for one of the greatest deliverances which it had ever received since its foundation, and which nothing perhaps but his vigilance and sagacity could have so happily effected : for from the first alarm of the plot, he never rested night or day, till he had got full information of the cabals and counsels of the conspirators'! ; by which he easily baffled all their projects, and played with them as he pleased ; and without any risk to the public could draw them on just far enough to make their guilt manifest, and their ruin inevitable. But his masterpiece was the driving Catiline out of Rome, and teasing him as it were into a rebellion before it was ripe, in hopes that by carrying out with him his accomplices, he would clear the city at once of the whole faction, or by leaving them behind with- out his head to manage them, would expose them to sure destruction by their own folly : for Catiline's chief trust was not on the open force which he had provided in the field, but on the success of his secret practices in Rome, and on making himself master of the city ; the credit of which would have engaged to him of course all the meaner sort, and induced all others through Italy, who wished well to his cause, to declare for him immediately : so that when this apprehension was over, by the seizure and punishment of his associates, the senate thought the danger at an end, and that they had nothing more to do but to vote thanksgivings and festivals ; looking upon Catiline's army as a crew only of fugitives, or banditti, whom their forces were sure to destroy whenever they could meet with them. But Catiline was in condition still to make a stouter resistance than they imagined : he had filled up his troops to the number of two legions, or about twelve thousand fighting men, of which a fourth part only was completely armed, the rest » Idcirco in ejus sententiam est facta discessio.— Ad Att. xii. 21. ° Sallust. Bell. Cat. 55. » Plutarch, in Cic. 1 In eo onines dies, roctesque consumsi, ut quid ugcrcnt, quid molircntur, sentirem ac viderem. — In Catil. ili. '2. furnished with what chance offered — darts, lances, clubs. He refused at first to enlist slaves, who flocked to him in great numbers, trusting to the proper strength of the conspiracy, and knowing that he should quickly have soldiers enough, if his friends performed their part at home'. So that when the consul Antonius approached towards him with his army, he shifted his quarters, and made frequent motions and marches through the moun- tains, sometimes towards Gaul, sometimes towards the city, in order to avoid an engagement till he could hear lonie news from Rome : but when the fatal account came, of the death of Lentulus and the rest, the face of his affairs began presently to change, and his army to dwindle apace, by the desertion of those whom the hopes of victory and plunder had invited to his camp. His first attempt, therefore, was by long marches and private roads til rough the Apennine, to make his escape into Gaul ; but Q. Metellus, who had been sent thither before by Cicero, imagining that he would take that resolution, had secured all the passes, and posted himself so advantageously with an army of three legions, that it was impossible for him to force his way on that side ; whilst on the other, the consul Antonius with a much greater force blocked him up behind, and enclosed him within the mountains^. Antonius himself had no inclin- ation to fight, or at least with (Catiline; but would willingly have given him an opportunity to escape, had not his queestor Sextius, who was Cicero's creature, and his lieutenant Petreius, urged him on against his will to force Catiline to the necessity of a battle ', — who, seeing all things desperate, and nothing left but either to die or conquer, resolved to tiy his fortune against Antonius, though much the stronger, rather than Metellus ; in hopes still, that out of regard to their former engagements, he might possibly contrive some way at last of throw- ing the victory into his hands". But Antonius happened to be seized at that very time with a fit of the gout, or pretended at least to be so, that he might have no share in the destruction of an old friend, so that the command fell of course to a much better soldier and honester man, Petreius, — who, after a sharp and bloody action, in which he lost a considerable part of his best troops, destroyed Catiline and his whole army, fighting desperately to the last man^. They all fell in the very ranks in which they stood, and, as if inspired with the genuine spirit of their leader, fought not so much to conquer as to sell their lives as dear as they could, and, as Catiline had threatened in the senate, to mingle the public calamity with their own ruin. T Pperabat propediem niaprnas copias se habiturimi, si RomK socli incepta patravissent — interea servitia repudi- abat.— Sallust. Bell. Cat. 56. s ibid. 57. ' Hoc breve dicam :— Si M. Potreii non exeellens aninio et amore reipublicae virtus, non summa auctoritas apud milites, non mirificus usus in re militari cxtitisset, neque ailjutor ei P. Sextius ad excitanduni Antonium, cohortan- dum, ac impellendum fuisset, datus illo in bello esset hicmi locus, &c. Sextius, cum sue exercitu, summa coleritate est Anto- nium consecutus. Hie ego quid prsedicem, quibus rebus consulem ad rem gerendam excitarit ; quot atimulos ad- moverit, &c. — Pro Sext. 5. " AItiov 5e, '6ti eAiriSo ainou Kara tJ) avvoiuorhv (OfAoKaKriffeiv iffX^^ — Dio, 1. xxivii. p. 47. "^ S.iUust. BcU. Cat. 59. 62 THE HISTORY OF THE LIFE OF Thus ended this famed conspiracy, in which some of the greatest men in Rome were suspected to be privately engaged, particularly Crassus and Csesar : they were both influenced by the same motive, and might hope, perhajis, by their interest in the city, to advance themselves, in the general confusion, to that sovereign power which they aimed at. Crassus, who had always been CiCero's enemy, by an officiousness of bringing letters and intelligence to him during the alarm of the plot, seemed to betray a consciousness of some guilf ; and CjEsar's whole life made it probable, that there could hardlj- be any plot in which he had not some share; and in tliis there was so general a suspicion upon him, especially after his speech in favour of the criminals, that he had some difficulty to escape with life from the rage of the knights who guarded tlie avenues of the senate ; where he durst not venture to appear any more, till he entered upon his prajtorship with the new year^. Crassus was actually accused by one Tarquinius, who was taken upon the road as he was going to Catiline, and, upon promise of pardon, made a discovery of what he knew ; where, after confirming what the other •witnesses had deposed, he added, that he was sent by Crassus to Catiline, with advice to him not to be discouraged by the seizure of his accomplices, but to make the greater haste for that reason to the city, in order to rescue them, and revive the spirits of his other friends. At the name of Crassus the senate was so shocked, that they would hear the man no farther ; but calling upon Cicero to put the question, and take the sense of the house upon it, they voted Tarquinius' s evidence to be false, and ordered him to be kept in chains, nor to be produced again before them, till he would confess who it was that had suborned him*. Crassus declared afterwards, in the hearing of Sal- lust, that Cicero was the contriver of this affront upon him''. But that does not seem probable ; since it was Cicero's constant maxim, as he fre- quently intimates in his speeches, to mitigate and reclaim all men of credit by gentle methods, rather than make them desperate by an unseasonable severity, ^and in the general contagion of the city, not to cut off, but to heal, every part that was curable. So that when some information was given likewise against Caesar, he chose to stifle it, and could not be persuaded to charge him with the plot, by the most pressing solicitations of Catulus and Piso, who were both his particular enemies, — the one for the loss of the high-priesthood, the other for the impeachment above- mentioned ■=. Whilst the sense of all these services was fresh, Cicero was repaid for them to the full of his wishes, and in the very way that he desired, by the warm and grateful applauses of all orders of the city. For besides the honours already mentioned, L. Gellius, who had been consul and censor, said in a speech to the senate, that the republic owed him y Plutarch, in Cic. ^ Uti nonnulli equites Romani, qui prassidii causa cum telis erant circum ffidem ConenrdiEe — egredienti ex senatu CfEsari gladio miuitarentur. — [Sallust. Bell. Cat. 49.] Vix pauci complexu, togaque objecta protexerint. Tunc plane deterritus non luodo cessit, sed etlani in reliquuni anni tempus euria abstinuit. — Sueton. J. Cas. J 4. a Sallust. Boll. Cat. 40. •> Ipsum Crassum ego postea prsdicantem audiri, tan- iam illam contumeliam sibi a Cicerone impositam. — Ibid. «■ Ai>pian. Bell. Civ. 1. ii. p. 430 ; Sallust. BeU. Cat. 49. a civic crown for having saved them all from ruin'' : and Catulus in a full house declared him the father of his country' ; as Cato likewise did from the rostra, with the loud acclamations of the whole people*^ : whence I'liny, in honour of his memory, cries out, Hail thou, who wast first sa- luted the parent of thy countryif. This title, the most glorious which a mortal can wear, was from this precedent usurped afterwards by those who of all mortals deserved it the least, the emperors ; jiroud to extort from slaves and flatterers what Cicero obtained from the free vote of the senate and people of Rome. Rnma Pauentem, Roma Patrkm 1'atri;e Ciccronem libera dixit. Juv. viii. Thee, Cicero, Rome while free, nor yet enthrall'd To tyrants' will, thy Country's Parent call'd. All the towns of Italy followed the example of the metropolis, in decreeing extraordinary honours to him ; and Capua in particular chose him their patron, and erected a gilt statue to him''. Sallust, who allows him the character of an excellent consul, says not a word of any of these honours, nor gives him any greater share of praise than what could not be dissembled by an historian. There are two obvious reasons for this reservedness ; first, the personal enmity which, according to tra- dition, subsisted between them ; secondly, the time of publishing his history, in the reign of Augustus, ■while the name of Cicero was still obnoxious to envy. The other consul Antonius had but a small share of the thanks and honours which were decreed upon this occasion : he was known to have been embarked in the same cause with Catiline, and considered as acting only under a tutor, and doing penance as it were for past offences ; so that all the notice which was taken of him by the senate, was to pay him the slight compliment above- mentioned, for having removed his late profligate companions from his friendship and councils'. Cicero made two new laws this year ; the one, as it has been said, against bribery in elections ; the other, to correct the abuse of a privilege called legatio libera, — that is, an honorary legation, or embassy, granted arbitrarily by the senate to any of its members, when they travelled abroad on their private affairs, in order to give them a public character, and a right to be treated as ambassadors or magistrates ; which, by the insolence of these great guests, was become a grievous burthen upon all the states and cities through which they passed. Cicero's design was to abolish it; but being driven from that by one of the tribunes, he was content to restrain the continuance of it, which before was unlimited, to the term of one year''. d L. Gellius, his audientibus, civioam coronam deberi a republica dixit. — In Pison. 3 ; it. A. GeU. v. 6. ^ SleQ. Catulus, princeps hujus ordinis, frequentissimo senatu Parentem Patri.e nominavit. — In Pis. 3. f Plutarch, in Cic— Kdrwyos o' uv-rhv Kot -Karipa rrfS TTaTpiSos TTpocrayopevcTaUTOS, eireySt^Tjo'ej' 6 Stjixos. — Appian. p. 431. s Salve, primus omnium Parens Patri.^ appellate, &c. — Plin. Hist. N. vu. .'50. •> Me inaurata statua donarant: me patronum unum adsciverant. — In Pis. 11. ' Atque etiam collegae meo laus impertitur, quod eoa qui hujus conjurationis participes fuissent, a suis et a reipublicJE consiliis removissot. — In Catil. iii. 6. '^ Jam iUud apertum est, nihil esse turpius, quam quen MARCUS TULLIUS CICERO. 03 At his first entrance into his office, L. Lucullus was soliciting the demand of a triumph for his victories over jNIithridates, in whicli he had heen obstructed for three years successively by^the in- trigues of some of the magistrates', who paid their court to Pompey, by putting this aftront upon his rival. By the law and custom of the republic, no general, while he was in actual command, could come within the gates of Rome without forfeiting his commission, and consequently all pretensions to a triumph ; so that Lucullus continued all this time in the suburbs, till the affair was decided. The senate favoured his suit, and were solicitors for him™, but could not prevail, till Cicero's authority at last helped to introduce his triumphal car into the city"; making him some amends by this service for the injury of the Manilian law, ■which had deprived him of his government. After his triumph he entertained the whole Roman people •with a sumptuous feast, and was much caressed by the nobility, as one whose authority would be a proper check to the ambition and power of Pompey : but having now obtained all the honours which he could reasonably hope for in life, and observing the turbulent and distracted state of the city, he withdrew himself not long after from public affairs, to spend the remainder of his days in a polite and splendid retreat". He was a generous patron of learning, and himself eminently learned ; so that his house was the constant resort of the principal scholars and wits of Greece and Rome, where he had provided a well-furnished library, with porti- coes and galleries annesed, for the convenience of walks and literary conferences, at which he himself used frecpiently to assist ; giving an example to the world of a hfe truly noble and elegant, if it had not been sullied by too great a tincture of Asiatic softness and Epicurean luxury. After this act of justice to Lucullus, Cicero had an opportunity, before the expiration of his consul- ship, to pay all due honour likewise to his friend Pompey ; who, since he last left Rome, had glo- riously finished the piratic and the Mithridatic war, by the destruction of Mithridates himself: upon the receipt of which news, the senate, at the motion of Cicero, decreed a public thanksgiving in his name of ten days ; which was twice as long as had ever been decreed before to any general, even to Marius himself, for his Cimbric victory?. But before we close the account of the memo- rable events of this year, we must not omit the mention of one, which distinguished it afterwards as a particular era in the annals of Rome, the birth of Octavius, surnamed Augustus, which happened on the twenty-third of September. Velleius calls quam legari nisi reipublicoe causa — quod quideni genus legationis ego consul, qiianquam ad commoduni senatus pertinere videatur, tamcn adprobante senatu frequentis- simo, nisi mibi levis tribunus plebis tum intcrcessisset, Bustulissem : minui tamen tempus, et quod erat infini- tum, annuum feci. — De Leg. iii. 8. ' Plutarcb. in LucuU. « Ibid. " Cum victor a Slithridatico bello revertisset, ininiico- nim calumnia triennio tardius, quam debuerat, triumph- avit. Nos enim consules introduximus psene in urbem currum clarissinii viri. — Academ. ii. 1. o Plutarcb. in LucuU. P Quo consule referente, primum decern dierum suppli- catio decreta Cn. Pompeio Mitbridate interfecto ; cujus Bententia primum duplicata est supplicatio consularis. — De Provinc. Consular. 11. it an accession of glory to Cicero's consulship': but it excites speculations rather of a different sort ; on the inscrutable methods of Providence, and the short-sighted i)olicy of man : that in the moment when Piome was preserved from destruction, and its liberty thought to be established more firmly tlian ever, an infant should be tlirown into the world, who, within the cour.sc of twenty years, effected what Catiline had attempted, and destroyed both Cicero and the republic. If Rome could have been saved by human counsel, it would have been saved by the skill of Cicero : but its destiny was now approaching : for governments, like natural bodies, have, with the principles of their preserva- tion, the seeds of ruin also essentially mixed in their constitution, which, after a certain period, begin to operate and exert themselves to the dissolution of the vital fi-ame. These seeds had long been fermenting in the bowels of the republic; when Octavius came, peculiarly formed by nature and instructed by art, to quicken their operation, and exalt them to their maturity. Cicero's administration was now at an end, and nothing remained but to resign the consulship, according to custom, in an assembly of the people, and to take the usual oath, of his having discharged it with fidelity. This was generally accompanied with a speech from the expiring consul ; and after such a year, and from such a speaker, the city was in no small expectation of what Cicero would say to them : but ISIetellus, one of the new tribunes, who affected commonly to open their magistracy by some remarkable act, as a specimen of the measures which they intended to pursue, resolved to disap- point both the orator and the audience : for when Cicero had mounted the rostra, and was ready to perform this last act of his office, the tribune would not suffer him to speak, or to do anything more, than barely take the oath ; declaring, that he, who had put citizens to death unheard, ought not to be permitted to speak for himself : upon which Cicero, who was never at a loss, instead of pronouncing the ordinary form of the oath, exalting the tone of his voice, swore out aloud, so as all the people might hear him, that he had saved the repubUc and the city from ruin ; which the multitude below confirmed with an universal shout, and with one voice cried out, that what he had sworn was true''. Thus the intended affront was turned, by his pre- sence of mind, to his greater honour ; and he was conducted from the forum to his house, with all pos- sible demonstrations of respect by the whole city. q Consulatui Ciceronis non mediocre adjocit decus, nalus eo anno D. Augustus.— Veil. ii. 36 ; Suet. c. 5 ; Die, p. 590. r Ego ciun in concione, abiens magistratu, dicere a tri- buno plebis probiberer, quae constitueram : cumque is mibi, tantummodo ut jurarem, permitteret, sine ulla dubitatione juravi, rempublicam atque banc lu-bem mea unius opera esse salvam. Mibi populus Romanus uni- versus non unius diei gratulationeni, sed a;ternitatem immortalifatemque donavit, cum meum juhjiu-andum tale atque tantum" juratus ipse una voce et consensu approba- vit. Quo quidem tempore is nieus domum fuit e foro reditus, ut nemo, nisi qui mecum csset, civium esse in nunicro videretur.— In Pison. 3. Cum ille mibi nibil nisi ut jurarem permitteret, mapia voce juravi verissimum pulcherrimumque jusjurandum : quod populus item magna voce me vere jurassc juravi t.— Ep. Fam. v. 2. Etenim pauUo ante in concione dixerat, ei, qui m alios animadvertisset indicta causa, dicendi ipsi potestatem licii non oportere. — Ibid. 64 THE HISTORY OF TIIK LIFK OF SECTION IV. (Cicero bcinR now reduced to the condition of a private semilor, was to take his place on that venerahh? bench ot'consulars, wlio were A. URB. C!)l. justly reckoned the first citizens of the cic. 45. republic. They delivered their opinions ™^- the first always in the senate ; and D. .niNius commonly determined the opinions of L^iciNirs *^'^ ''^**' '• *^'" "^ *-'^^y '^"'^ passed MUBKNA. through all the public offices, and been conversant in every branch of the administration, so their experience gave them great authority in all debates ; and having little or nothing farther to expect for themselves, they were esteemed not only the most knowing, but, generally speaking, the most disinterested, of all the other senators, and to have no other view in their deliberations, but the peace and prosperity of the rei)ublic. This was a station exactly suited to Cicero's temper and wishes ; he desired no foreign govern- ments, or command of armies ; his province was the senate and the forum ; to guard, as it were, the vitals of the empire, and to direct all its councils to their proper end, the general good ; and in this advanced post of a consular senator, as in a watch- tower of the state, to observe each threatening cloud and rising storm, and give the alarm to his fellow-citizens from what quarter it was coming, and by what means its effects might be prevented*. This, as he frequently intimates, was the only glory that he sought, the comfort with which he flattered himself, that after a life of ambition and fatigue, and a course of faithful services to the republic, he should enjoy a quiet and secure old age, beloved and honoured by his countrymen, as the constant champion and defender of all their rights and liberties. But he soon found himself mistaken, and before he had quitted his office, began to feel the weight of that envy, which is the certain fruit of illustrious merit : for the vigour of his consulship had raised such a zeal and union of all the honesc in the defence of the laws, that till this spirit could be broken, or subside again, it was in vain for the ambitious to aim at any power, but through the ordinary forms of the constitution; especially while he, who was the soul of that union, continued to flourish in full credit at the head of the senate. He was now, therefore, the common mark, not only of all the factious, against whom he had declared perpetual war, but of another party not less dan- gerous, the envious too ; whose united spleen never left pursuing him from this moment, till they had driven him out of that city, which he had so lately preserved. The tribune Metellus began the attack : a fit leader for the purpose ; who, from the nobility of his birth, and the authority of his office, was the most likely to stir up some ill humour against him, by insulting and reviling him in all his harangues, for putting citizens to death without a trial ; in all which he was strenuously supported by Caesar, who pushed him on likewise to the promulgation of several pestilent laws, which gave great disturbance to the senate. Cicero had no inclination to enter » Idcirco in hac custodia et tanquam in specula collocati Bumus, ut vacuum omni metu populum Romanum nostra vigilia et prospicientia redderemus.— Phil. vii. 7. into a contest with the tribune, but took some pains, to make up the matter with him by the intcrpo- .sition of the women ; particularly of Claudia, the wife of his brother Metellus, and of their sister Mucia, the wife of Pompcy : he enq)loycd also several common friends to per.suade him to be quiet, and desist from his rashness ; Ijut his answer was, thiit he was too far engaged, and had put it out of his ])owcr'' : so that Cicero had nothing left, but to exert all his vigour and eloquence to repel the insults of this petulant magistrate. Ca;sar, at the same time, was attacking Catulus with no less violence; and being now in ])ossession of the pra;torship, made it the first act of his office to call him to an account for embezzling the public money in rebuilding the capitol ; and proposed also a law, to efface his name from the fabric, and grant the commission for finishing what remained to l'om))ey : but the senate bestirred themselves so warmly in tiie cause, that Caesar was obliged to drop if^. This experiment convinced the two magistrates, that it was not ])ossible for them to make head against the authority of the senate, without the help of Pompey, whom they resolved, therefore, by all the arts of address and flattery, to draw into their measures. With this view Metellus published a law, to call him home with his army, in order to settle the state, and quiet the public disorders raised by the temerity of Cicero"* : for by throwing all power into his hands, they lioped to come in for a share of it with him, or to embroil him at least with the senate, by exciting mutual jealousies between them : but their law was thought to be of so dangerous a tendency, that the senate changed their habit upon it, as in the case of a public calamity ; and by the help of some of the tribunes, particularly of Cato, resolved to oppose it to the utmost of their power : so that as soon as Metellus began to read it to the people, Cato snatched it away from him ; and when he proceeded still to pronounce it by heart, Minucius, another tribune, stopped his mouth with his hand. This threw the assembly into confusion, and raised great commotions in the city ; till the senate, finding themselves supported by the better sort of all ranks, came to a new and vigorous resolution, of suspend- ing both Caesar and Metellus from the execution of their offices^. Caesar resolved at first to act in defiance of them ; but finding a strong force prepared to control him, thought it more advisable to retire, and reserve the trial of arms, till he was better provided for it : he shut himself up therefore in his house, where, by a prudent and submissive behaviour, he soon made his peace, and got the decree of their suspension reversed f. But Metellus, as it was concerted pro- bably between them, fled away to his brother Pompey g, that by misrepresenting the state of b Quibus ille respondit, sibi non esse integriimt — Ep. Fam. V. 2. <: Sueton. J. Cajs. 15; Dio, 1. xxxvii. p. 49. d Uio, ib. ; Plutarch, in Cic, e Donee ambo administratione reipublicae decreto pa- trum summoverentur. — Sueton. J. Caes. IG. f Ut comperit paratos, qui vi ac per arma prohiberent, dimissis lictoribus, abjectaque prsete.xta, domum clam rcfiigit, pro conditione teniporum quieturus — quod cum praeter opinionem evenisset, senatus — accitum in curiam et amplissimis verbis collaudatum, in intagrum restituit, inducto priore decreto. — Sueton. ibid. ( Plutarch, in Cicer. ISrARCUS TULLIUS CU'EIIO. C5 things at home, and offering everything on tlie part of the people, he might instil into him some prejudices against the immoderate power of Cicero and the senate, and engage him, if possible, to declare for the popular interest. Cicero, in the meanwhile, published an invective oration against Metellus, which is mentioned in his epistles under the title of Metellina'': it was sj)oken in the senate, in answer to a speech which INIetellus had made to the people, and is often cited by Quintilian and others', as extant in their time. The senate having gained this victory over Caesar and Metellus, by obliging the one to submit, the other to leave the city ; Q. Metellus Celer, who commanded in Cisalpine Gaul, wrote a peevish and complaining letter to his friend Cicero, upon their treating his brother the tribune so severely : to which Cicero answered with that freedom, which a consciousness of integrity naturally dictates, yet with all that humanity which the sincerest friendship inspires ; as the reader will observe from the letter itself, which affords many instructive hints both historical and moral. M. T. Cicero to Q. Metellus Celer, Proconsul, " You write me word, that considering our mu- tual affection and late reconciliation, you never imagined, that you should be made the subject of public jest and ridicule by me. I do not well under- stand what you mean ; yet guess that you have been told, that, when I was speaking one day in the senate of many who were sorry for my having preserved the republic, I said, that certain relations of yours, to whom you could refuse nothing, had prevailed with you to suppress what you had pre- pared to say in the senate in praise of me : when I said this, I added, that in the affair of saving the state I had divided the task with you in such a manner, that I was to secure the city from intestine dangers, you to defend Italy from the open arms and secret plots of our enemies ; but that this glo- rious partnership had been broken by your friends, who were afraid of your making me the least return for the greatest honours and services which you had received from me. In the same discourse, when I was describing the expectation which I had conceived of your speech, and how much I was disappointed by it, it seemed to divert the house, and a moderate laugh ensued ; not upon you, but on my mistake, and the frank and ingenuous con- fession of my desire to be praised by you. Now in this, it must needs be owned, that nothing could be said more honourably towards you, when, in the most shining and illustrious part of my life, I wanted still to have the testimony of your commen- dation. As to what you say of our mutual affection, I do not know what you reckon mutual in friend- ship, but I take it to be this ; when we repay the same good offices which we receive. Should I tell you then, that I gave up my province for your sake, you might justly suspect my sincerity : it suited my temper and circumstances, and I find more and more reason every day to be pleased with it : but this I can tell you, that I no sooner resigned it in an assembly of the people, than I began to contrive how to throw it into your hands. I say nothing ^ In illam orationem Mctellinain addidi quaedam ; liber tibi mittetur.— Ad Att. 1. 13. » Q,uint. 1. ix. 3 ; Aul. GcU. xviii. 7. about the manner of drawing your lots ; but would have you only believe, that there was notliing done in it by my colleague without my privity. Fray recollect what followed ; liow quickly I assembled the senate after your allotment, how much I said in favour of you, when you yourself told me, that tny speech was not only honourable to you, but even injurious to your colleagues. Then as to the decree which passed that day in the senate, it is drawn in such a strain, that as long as it subsists, my good offices to you can never be a secret. After your departure, I desire you also to recollect what I did for you in tlie senate, what I said of you to the people, what I wrote to you myself; and when you have laid all these things together, I leave it to you to judge, whether at your last coming to Rome you made a suitable return to them. You mention a reconciliation between us ; but I do not comprehend how a friendship can be said to be reconciled, which was never interrupted. As to what you write, that your brother ought not to have beeii treated by me so roiighly for a word : in the first place, I beg of you to believe, that I am exceedingly pleased with that affectionate and fraternal disposition of yours, so full of humanity and piety ; and in the second, to forgive me if in any case I have acted against your brother, for the service of the republic, to which no man can be a warmer friend than myself : but if I have been acting only on the defensive, against his most cruel attacks, you may think yourself well used, that I have never yet troubled you with any complaints against him. As soon as I found that he was pre- paring to turn the whole force of his tribunate to my destruction, I applied myself to your wife Claudia, and your sister Mucia, whose zeal for my service I had often experienced, on the account of my familiarity with Pompey, to dissuade him from that outrage ; but he, as I am sure you have heard, on the last day of the year put such an affront upon me when consul, and after having saved the state, as had never been offered to any magis- trate the most traitorously affected, by depriving me of the liberty of speaking to the people upon laying down my office. But his insult turned only to my greater honour : for when he would not suffer me to do anything more than swear, I swore with a loud voice the truest, as well as the noblest of all oaths ; while the people with acclamations swore likewise, that my oath was true. After so signal an injury, I sent to him the very same day some of our common friends, to press him to desist from his resolution of pursuing me : but his answer was, that it was not then in his power : for he had said a few days before in a speech to the people, that he who had punished others without a hearing, ought not to be suffered to speak for himself. Worthy patriot, and excellent citizen ! to adjudge the man who had preserved the senate from a mas- sacre, the city from fire, and Italy from a war, to the same punishment which the senate, with the consent of all honest men, had inflicted on the authors of those horrid attempts. I withstood your brother, therefore, to his face ; and on the first of January, in a debate upon the republic, handled him in such a manner, as to make him sensible, that he had to do with a man of courage and con- stancy. Two days after, when he began agam to harangue, in every three words he named and threatened me : nor had he anything so much at F C6 THE HISTORY OF THE LIFE OF heart, as to effect my ruin at any rate ; not by the legal way of trial, or judicial proceedin;^, but by dint of force and violence. If I had not resisted his rashness with firmness and courage, who would not have tlioujj;hf , that the vigour of my (;onsulshi]) had been owing to chance, rather than to virtue ? If you have not been informed, tliat your brother attemjjted all this against me, be assured that he concealed from you the most material j)art : l)ut if he told you anything of it, you ought to coinnietid my temper and patience, for not expostulating witii you about it : but since you must now be sensible, that my quarrel to your brother was not, as you write, for a word, but a most determined and spite- ful design to ruin me, pray observe my humanity, if it may be called by that name, and is not rather, after so flagrant an outrage, a base remissness and abjection of mind. I never proposed anything against your brother, when there was any question about him in the senate ; but without rising from my seat, assented always to those who were for treating him the most favourably. I will add farther, what I ought not indeed to have been concerned about, yet I was not displeased to see it done, and even assisted to get it done ; I mean, the procuring a decree for the relief of my enemy, because he was your brother. 1 did hot, therefore, attack your brother, but defend myself only against him ; nor has my friendship to you ever been variable, as you write, but firm and constant, so as to remain still the same when it was even deserted and sUghted by you. And at this very time, when you almost threaten me in your letter, I give you this answer, that I not only forgive, but highly applaud your grief ; for I know, from what I feel within myself, how great the force is of fraternal love : but I beg of you also to judge with the same equity of my cause ; and if, without any ground, I have been cruelly and barbarously attacked by your friends, to allow that I ought not only not to yield to them, but on such an occasion to expect the help even of j'ou and your array also against them. I was always desirous to have you for my friend, and have taken pains to convince you how sincerely I am yours : I am still of the same mind, and shall con- tinue in it as long as you please ; and, for the love of you, will sooner cease to hate your brother, than, out of resentment to him, give any shock — to the friendship which subsists between us. Adieu i*." Cicero, upon the expiration of his consulship, took care to send a particular account of his whole administration to Tompey ; in hopes to prevent any wrong impression there from the calumnies of his enemies, and to draw from him some public declaration in praise of what he had been doing. But Pompey, being informed by Metellus and Csesar of the ill humour which was rising against Cicero in Rome, answered him with great cold- ness, and, instead of paying him any compli- ment, took no notice at all of what had passed in the affair of Catiline : upon which Cicero expostulates with him in the following letter with some little resentment, yet so as not to irritate a man of the first authority in the republic, and to whom all parties were forwardly paying their court. k Ep. Fam. V. 2. AT. T. Cicero to Cn. Pompciiis the Great, Emperor K " 1 had an incredible pleasure, in common with all jieople, from the public letter which you sent : for you gave us in it that assurance of peace which, from my confidence in you alone, I had always been ))romising. I must tell you, however, that your old enemies, but new friends, are extremely shocked and disappointed at it. As to the particular letter which you sent to me, though it brought me so slight an intimation of your friendship, yet it was very agreeable : for nothing is apt to give me so much satisfaction, as the consciousness of my services to my friends ; and if at any time tliey are not requited as they ought to be, I am always content that the balance of the account should rest on my side. I make no doubt, however, but that, if the distinguished zeal, which I have always shown for your interests, has not yet sufficiently recommended me to you, the public interest at least will conciliate and xmite us. But that you may not be at a loss to know what it was, which I expected to find in your letter, I will tell it you frankly, as my own nature and our friendship require. I expected, out of regard both to the republic and to our familiarity, to have had some compliment or congratulation from you on what I lately acted in my consulship ; which you omitted, I imagine, for fear of giving offence to certain persons : but I would have you to know, that the things, which I have been doing for the safety of my country, are applauded by the testi- mony and judgment of the whole earth ; and when you come amongst us, you will find them done with so much prudence and greatness of mind, that you, who are much superior to Scipio, will admit me, who am not much inferior to Laelius, to a share both of your public councils and private friendship. Adieu"". Soon after Catiline's defeat, a fresh inquiry was set on foot at Rome against the rest of his accom- plices, upon the information of one L. Vettius, who, among others, impeached J. Csesar before Novius iNiger the quaestor, as Q. Curius also did in the senate ; where, for the secret intelligence, which he had given very early to Cicero, he claimed the reward which had been offered to the first dis- 1 The word emperor signified nothing more in its original use, than the general or chief commander oi an army: [Cic. Ue Orat. i. 43.] in which sense it belonged equally to all who had supreme command in any part of the empire, and was never used as a peculiar title. But after a vic- tory, in which some considerable advantage was gained, and great numbers of the enemy slain, the soldiers, by a universal acclamation, used to salute their general in the field with the appellation of emperor ,- ascribing as it were the sole merit of the action to his auspices and con- duct. This became a title of honour, of which all com- manders were proud, as being the effect of success and victory, and won by their proper valour ; and it was always the first and necessary step towards a triumph. On these occasions, therefore, the title of emperor waa constantly assumed, and given to generals in all acts and letters, both public and private, but was enjoyed by them no longer than the commission lasted, by which tlioy had obtained it ; that is, to the time of their return and en- trance into the city, from which moment their command and title expired together of course, and thoy rufiUUlbd their civil character, and became private citizens. n» Ep. Fam. v. 7. MARCUS TULLIUS CICERO. 67 coverer of the plot. He affirmed, that what he deposed against Caesar, was told to him by Catiline himself; and Vettius offered to produce a letter to Catiline in Caesar's own hand. Caesar found some difficulty to repel so bold an accusation, and was forced to implore the aid and testimony of Cicero, to prove that he also had given early information of Catiline's designs : but by his vigour and interest in the city, he obtained a full revenge at last upon his accusers ; for he deprived Curius of the reward, and got Vettius committed to prison, after he had been miserably handled, and almost killed by the mob ; nor content with this, he imprisoned the quaestor Novius too, for suffering a superior magis- trate 10 be arraigned before him". Several others, however, of considerable i-ank were found guilty and banished ; some of them not appearing to their citation, others after a trial ; viz. M. Porcius Lecca, C. Cornelius, L. Vargun- teius, Servius Sylla, and P. Autronius, &c. The last of these, who lost the consulship four years before upon a conviction of bribery, had been Cicero's school-fellow, and colleague in the quses- torship ; and solicited him with many tears to undertake his defence : but Cicero not only refused to defend him, but, from the knowledge of his guilt, appeared as a witness against him°. P. Sylla also, Autronius's partner and fellow- sufferer in the cause of bribery, was now tried for conspiring twice with Catiline ; once, when the plot proved abortive, soon after his former trial ; and a second time, in Cicero's consulship : he was defended in the first by Hortensius, in the last by Cicero. The prosecutor was Torquatus, the son of his former accuser, a young nobleman of great prirts and spirit ; who ambitious of the triumph of ruining an enemy, and fearing that Cicero would snatch it from him, turned his raillery against Cicero instead of Sylla ; and to take off the influence of his authority, treated his character with great petulance, and employed every topic which could raise an odium and envy upon him : he called him a king, who assumed a power to save or destroy, just as he thought fit ; said, that he was the third foreign king who had reigned in Rome after Numa and Tarquinius ; and that Sylla would have run away and never stood a trial, if he had not undertaken his cause : whenever he men- tioned the plot and the danger of it, it was with so low and feeble a voice, that none but the judges covild hear him ; but when he spoke of the prison and the death of the conspirators, he uttered it iu so loud and lamentable a strain, as to make the whole forum ring with it p. Cicero, therefore, in his reply, was put to the trouble of defending himself, as well as his client. " As to Torquatus's calling him foreigner, on the account of his being born in one of the corporate towns of Italy, he owns it; and in that town, he n Cum implorato Ciceronis testimonio, quaedam se de conjiiratione ultro detulisse docuisset, ne Curio praemia liarentur, effecit. Vettium, pro rostris in concione paene discerptuni, in oarcerem conjecit. Eodem Novium quae- stcirem, quod compellari apud se niajorem potestatem passus esset.— Sucton. Jul. Cees. 17. ° Veniebat ad mo, et ssepe veniebat Autronius multis cum lachrymis, supplex, ut se defendercm : — So nieum condiscipulum in pueritia, familiarem in adolescentia, coUcgam in quastura commemorabat fuis8C.>— Pro Sylla, vi. 30. P Ibid. vil. 10. says, whence the republic had been twice preserved from ruin ; and was glad that he had nothing to reproach him with, but what affected not ouly the greatest part, but the greatest men of the city ; Curius, Coruncanius, Cato, Marius, &c. but since he had a mind to be witty, and would needs make him a foreigner, why did not he call him a foreign consul, rather than a king; for that would have been much more wonderful, since foreigners had been kings, but never consuls, of Rome. He admonishes him, who was now in the course of his preferment, not to be so free of giving that title to citizens, lest he should one day feel the resentment and power of such foreigners : that if the patricians were so proud, as to treat him and the judges upon the bench as foreigners, yet Torquatus had no right to do it, whose mother was of Asculumi. Do not call me, then, foreigner any more, says he, lest it turn upon yourself ; nor a king, lest you be laughed at ; unless you think it kingly, to live so as not to be a slave, not only to any man, but even to any appetite ; to contemn all sensual pleasures ; to covet no man's gold or silver, or anything else ; to speak one's mind freely in the senate ; to consult the good, rather than the humour of the people ; to give way to none, but to withstand many : if you take this to be kingly, I confess myself a king : but if the insolence of my power, if my dominion, if any proud or arrogant saying of mine provokes you, why do not you urge me with that, rather than the envy of a name, and the contumely of a groundless calumny.'" — He proceeds to show, " that his kingdom, if it must be called so, was of so laborious a kind, that there was not a man in Rome who would be content to take his place. '^" He puts him in mind, " that he was disposed to indulge and bear with his pert- ness, out of regard to his youth and to his father — though no man had ever thrown the slightest aspersion upon him, without being chastised for it — but that he had no mind to fall upon one whom he could so easily vanquish ; who had neither strength, nor age, nor experience enough for him to contend with : he advised him however not to abuse his patience much longer, lest he should be tempted at last to draw out the stings of his speech against him'." As to the merits of the cause, though there was no positive proof, yet there were many strong presumptions against Sylla, with which his adversary hoped to oppress him : but Cicero endeavoured to confute them, by appealing " to the tenor and character of his life ; protesting in the strongest terms, that he, who had been the searcher and detector of the plot, and had taken such pains to get intelligence of the whole extent of it, had never met with the least hint or suspicion of Sylla's name in it ; and that he had no other motive for defending him, but a pure regard to justice ; and as he had refused to defend others, nay, had given evidence against them from the knowledge of their guilt, so he had undertaken Sylla's defence, through a persuasion of his inno- cence'." Torquatus, for want of direct proof, threatened to examine Sylla's slaves by torture : this was sometimes practised upon the demand of the prosecutor ; but Cicero observes upon it, " that the effect of those torments was governed always by the c onstitution of the patien t, and the q Fro Sylla, vii. 8. ■• Ibid. ». » Ibid. 16. ' Ibid. 3". F 3 C8 THE HISTORY OF THE LIFE OF firmness of his mind and body ; by the will and pleasure of the torturer, and tlie hopes and fears of the tortured ; and that in moments of so much anguish there eould be no room for truth :" he bids them " put Sylla's life to the rack, and examine that with rigour; whether there was any hidden lust, any latent treason, any cruelty, any audaciousness in it : that there coulil he no mistake in the cause, if the voice of his per|)etual life, which ought to be of the greatest weight, was but attended to"." Sylla was acquitted ; but Cicero had no great joy from his victory, or comfort in preserving such a citizen, who lived afterwards in great confidence with Ca;sar, and commanded his right wing in the battle of Pharsalia'' ; and served him afterwards in his power, as he had before served his Kinsman Sylla, in managing his confiscations and the sale of the forfeited estates. About the time of this trial Cicero bought a house of M. Crassus, on the Palatine hill, adjoin- ing to that in which he had always lived with his father, and which he is now supposed to have given up to his brother Quintus. The house cost him near thirty thousand pounds, and seems to have been one of the noblest in Rome ; it was built about thirty years before by the famous tribune, M. Livius Drusus ; on which occasion we are told, that when the architect promised to build it for him iu such a manner, that none of his neighbours should overlook him : but if you have any skill, replied Drusus, contrive it rather so, that all the world may see what I am doing y. It was situated in the most conspicuous part of the city, near to the centre of all business, overlooking the forum and the rostra ; and what made it the more splendid, was its being joined to a portico or colonnade, called by the name of Catulus, who built it out of the Cimbric spoils, on that area where Flaccus formerly lived, whose house was demolished by public authority for his seditious practices with C. Gracchus^. In this purchase he followed the rule which he recommends in his Offices, with regard to the habitation of a principal citizen ; that his dignity should be adorned by his house, but not derived from it": where he men- tions several instances of great men, who by the splendour of their houses on this very hill, which were constantly striking the eyes of the people, and imprinting a notion of their magnificence, made their way the more easily to the highest honours of the republic. A. Gellius tells us, that having resolved to buy the house, and wanting money to pay for it, he borrowed it privately of his client Sylla, when he was under prosecution ; but the story taking wind, and being charged upon him, he denied both the borrowing and design of purchasing, yet soon after bought the house ; and when he was reproached " Pro Sylla, vii. 28. ^ Vid. Caes. Comment, de Belle Civili. Y Cum promitteret ei architectus, ita se fcdificaturum, ut libera a conspoctu, immunis ab omnibus arbitris esset. — Tu vero, inquit.sl quid in te artis est, ita compone domum meam, ut quicquid agam ab omnibus perspici possit.— Veil. Pat. ii. 14 ; Ep. Fam. v. 6. ^ M. Flaccus, quia cum Graccho contra reipublicsc sa- lutem fecerat, et senatus sententia est Interfectus, et domua ejus eversa est : in qua porticum post aliquanto Q. Catulus de manubiis Cimbricis fecit. — Pro Domo, 38. » Omanda est enim dignitas domo, non ex domo tota qusrcuda.— Dc Offic. i. 39. with the denial of it, replied only laughing, that they must be fools to imagine, that when he had resolved to buy, he would raise competitors of the purchase by proclaiming it ''. The story was taken probably from some of the spurious collections of Cicero's Jests ; which were handed about not only after his death, but even in his lifetime, as he often complains to his friends'^ : for it is certain, that there could be nothing dishonourable in the purchase, since it was transacted so publicly, that before it was even con- cluded, one of his friends congratulated him upon it by letter from Macedonia"*. The truth is, and what he himself does not dissemble, that he bor- rowed part of the money to pay for it, at si.x per cent. ; and says merrily upon it, that he was now so plunged in debt, as to be ready for a plot, but that the conspirators would not trust him". It raised indeed some censure upon his vanity, for purchasing so expensive a house with borrowed money : but Messala, the consul, happening soon after to buy Autronius's house at a greater price, and with borrowed money too, it gave him some l)leasure, that he could justify himself by the example of so worthy a magistrate : by Messala's purchase, says he, I am thought to have made a good bargain ; and men begin to be convinced, that we may use the wealth of our friends, in buy- ing what contributes to our dignity'. But the most remarkable event, which happened in the end of this year, was the pollution of the mysteries of the Bona Dea, or the Good Goddess, by P. Clodius ; which, by an unhappy train of consequences, not only involved Cicero in an unexpected calamity, but seems to have given the first blow towards the ruin of the republic. Clodius was now quaestor, and by that means a senator ; descended from the noblest family in Rome, in the vigour of his age, of a graceful person, lively wit, and flowing eloquence ; but with all the advantages of nature, he had a mind incredibly vicious ; was fierce, insolent, audacious, but above all, most profligately wicked, and an open contemner of gods- and men ; valuing nothing, that either nature or the laws allowed ; nothing, but in proportion as it was desperate and above the reach of other men ; disdaining even honours in the common forms of the republic ; nor relishing pleasures, but what were impious, adiilterous, incestuous^. He had b Aul. Gell. xii. 12. c Ais enim, ut ego discesserim omnia omnium dicta, in his etiam Sestiana in me conferri. Quid? tu id pateris? nonne defendis ? nonne resistis ? &c. — Ep. Fam. vii. 32. Sic audio Cassarem — si quod afferatur ad eum pro meo, quod nieum non est, rejicere solere. — Ibid. ix. 16. d Quod ad nie pridem scripseras, velle te bene evenire, quod de Crasso domum cmeram — Enii earn ipsam domum H. S. XXXV. aliquanto post tuam gratulationem. — Ep. Fam. V. 6. e Itaque scito, me nunc tantum liabere a-ris alieni, ut cupiain conjurare, si quisquam recipiat. Sed partim me cxcliidunt, &c. — Ibid. f Ea emptione et nos bene emisse judicati siunus ; et homines in telligere coeperunt, licere amicorum facultati* bus in emendo ad dignitatem aliquam pervenire. — Ad Att. i. 13. S Exorta est ilia reipublicfe sacris, religionibus, aucto- ritati vestra;, judiciis publicis funesta quaistura: in qua idem iste deos, hominesque, pudorera, pudicitiam, sena- tus auotoritatem, jus, fas, leges, judicia violavit, (Sec. — De- Ilaruspic. Resp. 20. Qui ita judicia poenamque contempserat, ut eum nihil' MARCUS TULLIUS CICERO. G9 an intrigue with Caesar's wife Pompeia, who, according to annual custom, was now celebrating in her house those awful and mystic sacrifices of the goddess, to which no male creature was ever admitted, and where everything masculine was so scrupulously excluded, that even pictures of that sort were covered during the ceremony''. This was a proper scene for Clodius's genius to act upon ; an opportunity of daring, beyond what man had ever dared before him : the thought of mixing the impurity of his lusts with the sanctity of these venerable rites flattered his imagination so strongly, that he resolved to gain access to his mistress in the very midst of her holy ministry. With this view he dressed himself in a woman's habit, and by the benefit of his smooth face, and the introduction of one of the maids, who was in the secret, hoped to pass without discovery : but by some mistake between him and his guide, he lost his way when he came within the house, and fell in unluckily among the other female ser- vants, who detecting him by his voice, alarmed the whole company by their shrieks, to the great amazement of the matrons, who presently threw a veil over the sacred mysteries, while Clodius found means to escape by the favour of some of the damsels'. The story was presently spread abroad, and raised a general scandal and horror through the •whole city : in the vulgar, for the profanation of a religion held the most sacred of any in Rome ; in the better sort, for its offence to good manners, and the discipline of the republic. Caesar put away his wife upon it ; and the honest of all ranks were for pushing this advantage against Clodius as far as it would go, in hopes to free themselves by it of a citizen, who by this, as well as other specimens of his audaciousness, seemed born to create much disturbance to the state''. It had been the constant belief of the populace, that if a man should ever pry into these mysteries, he would be instantly struck blind : but it was not possible, as Cicero says, to know the truth of it before, since no man, but Clodius, had ever ven- tured upon the experiment : though it was now found, as he tells him, that the blindness of the eyes was converted to that of the mind'. delectaret, quod aut per naturam fas esset, aut per leges liceret.— Pro Mil. 16. P. Clodius, homo nobilis, disertus, audax ; qui neque dicendi, neque faciondi uUuni, nisi quern vellet, nosset modum ; nialoruni propositorum executor accrrimus, in- famis etiam sororis stupro, &c. — Veil. Pat. ii. 45. •• ubi velari pictura jubetur, Quaecunque alterius sexus imitata figurani est. JuvEN. vi. 339. Quod quidem sacrificium nemo ante P. Clodium in omni memoria violavit quod fit per Virgines Vestales ; fit pro populo Romano ; fit in ea domo, qure est in ira- perio; fit incredibili ceremonia ; fit ei dea;, cujus ne somen quidem viros scire fas est. — De Harusp. Resp. 17. > P. Clodium, Appii filium, credo te audisse cum veste xnuliebri deprehensum domi C. Ca;saris, cum pro populo £eret, eumque per manus servulae servatum et eductuiu ; rem esse insigni infamia. — AJ Att. i. 12. '' Videbam, illud scelus tam jmportunum, audaciam tarn immanem adolescentis, furentis, nobilis, vulnerati, non posse arceri otii finibus: eruptunmi illud malum aliquando, si impunitum fuisset, ad perniciem civitatis. — De Harusp. Resp. 3. ' Aut quod oculos, ut opinio illins relipionis est, ron perdidisti. Q,uis enim ante te sacra ilia vii- iciens vidcrat, coss. M. puriu.s The affair wjis soon brought before the senate, where it was resolved to refer it to the college of A. imn. m2. priests, who declared it to he an abo- cic. 46. minable impiety ; upon which the consuls were ordered to provide a law for bringing Clodius to a trial for it P'so. before the people"'. But Q. Fufius M. VALERIAS Calenus, one of the tribunes, support- MES.SALA. gj ^^ ^,j ^j^g Clodian faction, would not permit the law to be offered to the suffrage of the citizens. This raised a great ferment in the city, while the senate adhered to their former reso- lution, though the consul Piso used all his endea- vours to divert them from it, and Clodius, in an abject manner, threw liimself at the feet of every senator ; yet, after a second debate in a full house, there were fifteen only who voted on Clodius' side, and four hundred directly against him ; so that a fresh decree passed, to order the consuls to recom- mend the law to the people with all their authority, and that no other business should be done till it was carried". But this being likely to produce great disorders, Hortensius proposed an expedient, which was accepted by both parties, that the tri- bune Fufius should publish a law for the trial of Clodius by the praetor, with a select bench of judges. The only difference between the two laws was, whether he should be tried by the people or by particular judges : but this, says Cicero, was everything. Hortensius was afraid lest he should escape in the squabble without any trial, being persuaded that no judges could absolve him, and that a sword of lead, as he said, would destroy him ; but the tribune knew that in such a trial there would be room for intrigue, both in choosing and cor- rupting the judges, which Cicero likewise foresaw from the first ; and wished, therefore, to leave him rather to the effect of that odium in which his cha- racter then lay, than bring him to a trial where he had any chance to escape". Clodius's whole defence was, to prove himself absent at the time of the fact ; for which purpose, he produced men to swear that he was then at ut quisquam poenam, quse sequeretur illud scelus, scire posset ? — De Harusp. Resp. 18. Poena omnis oculorum ad cscitatom mentis est con- versa. — Pro Domo, 40. «" Id sacrificium cum Virgines instaiuassent, mcn- tionem a Q. Comificio in senatu factam — post rem ex .S. C. ad Pontifices relatam ; idque ab eis nefas esse decre- tum ; deinde ex S. C. consules rogationcm promulgasse : uxori Casarem nimcium remisissc — In hac causa Piso, amicitia P. Clodii ductus, operam dat, ut ea rogatio— antiquetur, &c. — Ad Att. i. 13. 1 Senatus vocatur ; cum decornoretur frcquenti senatu, contra pugnante Pisone, ad pedes omnium sigillatim accedente Clodio, ut consules populum cohortarentur ad rogationem accipiendam : homines ad xv. Curioni, nul- lum S. C. facienti, assenserunt, ex altera parte facile cccc. fuerunt.— Senatus decemebat, ut ante, quam rogatio lata esset, ne quid ageretur. — Ibid. 14. o Postea vero quam Hortensius excogitavit, ut legem de religione Fufius tribunus plebis ferret : in qua nihil aliud aconsulari rogatione differebat, nisi judicum genus, tin eo autem erant omnia) pugn.avitque ut ita fierct ; quod ct sibi et aliis persuaserat, nuUis ilium judicibus effugere posse; contraxi vela, perspiciens inopi.-im judicum.— Hor- tensius— non vidit illud, satius es.se ilium in infami.a ct sordibus relinqui, quam infirmo judicio comniitti. Sed ductus odio properavit rem deducerc in judicium, cum ilium plumbeo gladio jugulatum iri tanicn diccret— A ma tamen ab initio consilium Ilortensii repreheudcbatur.— Ad Att. i. 10. 70 THE HISTORY OF THE LIFE OF Interamna, about two or three days' journey from the city. But Cicero being calhd upon to give his testimony, deposed, that Clodius had been with him that very mornins; at his liousc in Rome''. As soon as Cicero ajipeared in tlic court, the Clodian mob began to insult him with great rudeness ; but the judges rose up, and received him with such respect, that they j)rescntly secured liim from all farther affronts''. Caesar, who was the most par- tie\ilarly interested in the affair, being summoned also to give evidence, declared, that he knew nothing at all of the matter ; though his mother Aurelia, and sister Julia, who were examined before him, had given a jiunctual relation of the whole fact : and being interrogated, how he came then to part with his wife? he rej)lied, that all who belonged to him ought to be free from suspicion as well as guilt'. He saw very well how the thing was like to turn, and had no mind to exasperate a man of Clodius's character, who might be of good service to him for the advancement of his future projects. Plutarch says, that Cicero himself was urged on to this act against his will, by the importunity of his wife — a fierce, imperious dame, jealous of Clodius' sister, whom she suspected of some design to get Cicero from her, which by this step she hoped to make desperate. The story does not seem impro- bable ; for, before the trial, Cicero owns himself to be growing every day more cool and indifferent about it ; and in his railleries with Clodius after it, touches upon the forward advances which his sister had made towards him ; and at the very time of giving his testimony, did it with no spirit, nor said anything more, as he tells us, than what was so well known that he could not avoid saying it^. The judges seemed to act at first with great gravity ; granted everything that was asked by the prosecutors ; and demanded a guard to protect them from the mob ; which the senate readily ordered, with great commendation of their pru- dence : but when it came to the issue, twenty-five only condemned, while thirty-one absolved him. Crassus is said to have been Clodius's chief mana- ger in tampering with the judges, employing every art and instrument of corruption as it suited the different tempers of the men ;" and where money would not do, offering even certain ladies and young men of quality to their pleasure. Cicero says, that a " more scandalous company of sharpers never sat down at a gaming-table : infamous sena- tors, beggarly knights, with a few honest men among them, whom Clodius could not exclude ; who, in a crew so unlike to themselves, sat with sad and mournful faces, as if afraid of being infected with the contagion of their infamy ; and that Catu- lus, meeting one of them, asked him what they meant by desiring a guard ; were they afraid of P Plutarch, in Cic. ; Val. Max. viii. fl. 1 Me vero teste producto ; Credo te — audisse, qu£E con- surrectiojudicum facta sit, nt me circumsteterint, &c. — Ad Att. i. 16. "■ Negavit se quidquam comperisse, quamvis et mater Aurelia, et soror Julia, apud eosdem judices, omnia ex fide retulissont : interrogatusque, cur igitur repudiassct uxorem ? — Quoniam, inquit, meos tam suspicione quam oriniine judico carere oportere. — Suet. J. Caes. 74. s Nosmetipsi, qui Lycurgei a prineipio fuisscmus, quo- tidie demitigamur. — Ad Att. i. 13. Neque dixi quicquani pro testimonio, nisi quod erat ita notura atque testatum, ut non poesem praeterire.— Ihid. 16. being robbed of the money which Clodius had given them ' .-' " This transaction, however, gave a very serious concern to Cicero, who laments " that the firm and (juiet state of the republic which he had estab- lished in his consulship, and which seemed to be founded in the union of all good men, was now lost and broken, if some deity did not interpose, by this single judgment : if that,'' says he, " can be called a judgment, for thirty of the most contemptible scoundrels of Rome to violate all that is just and sacred for the sake of money, and vote that to be false which all the world knows to be true." As he looked upon himself to be particidarly affronted by a sentence given in flat contradiction to his tes- timony, so he made it his business on all occasions to display the iniquity of it, and to sting the several actors in it with all the keenness of his raillery". In a debate soon after in the senate, on the state of tlie republic, taking occasion to fall ujjon this affair, he " exhorted the fathers not to be discouraged for having received one single wound, which was of such a nature that it ought neither to be dissembled nor to be feared ; for to fear it, was a meanness ; and not to be sensible of it, a stupidity : that Len- tulus was twice acquitted ; Catiline also twice; and this man was the third, whom a bench of judges had let loose upon the republic. But thou art mistaken, Clodius," says he ; " the judges have not reserved thee for the city, but for a prison : they designed thee no kindness by keeping thee at home, but to deprive thee of the benefit of an exile. Wherefore, fathers, rouseyour usual vigour j resume your dignity ; there subsists still the same union among the honest : they have had, indeed, a fresh subject of mortification, yet their courage is not impaired by it : no new mischief has befallen us ; but that only, which lay concealed, is now dis- covered, and, by the trial of one desperate man, many others are found to be as bad as he"." Clodius, not caring to encounter Cicero by for- mal speeches, chose to tease him with raillery, and turn the debate into ridicule. " You are a fine gentleman, indeed," says he, " and have been at Baioe." " That's not so fine," replied Cicero, " as to be caught at the mysteries of the goddess." " But what," says he, " has a clown of Arpinum to do at the hot wells.'" "Ask that friend of yours," replied Cicero, " who had a month's mind to your Arpinum clown ?." " You have bought a ' Nosti Calvum — biduo per ununi servum, et eum ex gladiatorio ludo, confecit totum negotium. Arcessivit ad se, proniisit, intercessit, dedit. Jam vero (O dii boni, rem perditani !) etiam noctus certarum mulierum, atque ado- lescentulorum nobilium introductiones nonnullis judici- bus pro mercedis cumulo fuerunt — xxv. judices ita fortes fuerunt, ut summo proposito periculo vel perire malue- rint, quam perdere omnia, xxxi. fuerunt, quos fames magis quam fama commovcrit. Quorum Catulus cum vidisset quendam ;— Quid vos, inquit, praesidium a nobis postulabatis? an, ne nummi vobis eripercntur, timebatis ' Maculosi senatores, nudi equitcs — pauci tanien boni inerant, quos rcjectione fugaro ille non poterat; qui mcesti inter sui dissimiles et moerentes scdebant, et contagiono turpitudiuis vehementer permovebantur. — Ad Att. i. 16. " Insectandis vero, exagitandisque nummariis judici- bus, onmem omnibus studiosis ac fautoribus illius victo- ria; 7ra/5prj(Tiai' eripui. — ^Ibid. ^ Ibid. y This is supposed to refer to his sister Clodia, a lady famous for her intrigues ; who had been trying all arts tO' tempt Cicero to put away Terentia, and to take her for his wife. MARCUS TULLIUS CICERO. house," sayshe^. "You should have said, judges," replied Cicero. " Those judges," says he, " would not believe you upon your oath." " Yes," replied Cicero, " twenty-five of them gave credit to me ; while the rest would not give any to you, but made you pay your money beforcliand." This turned the laugh so strongly ou Cicero's side, that Clodius was confounded, and forced to sit down*. But being now declared enemies, they never met without some strokes of this kind upon each other ; which, as Cicero observes, must needs appear flat in the nar- ration, since all their force and beauty depended on the smartness of the contention, and the spirit with which they were delivered''. The present consuls were M. Pupius Piso and M. Messala ; the first of whom, as soon as he entered into office, put a slight aftront upon Cicero : for his opinion having been asked always the first by the late consuls, Piso called upon him only the second, on Catulus the third, Hortensius the fourth. This, he says, did not displease him, since it left him more at liberty in his voting, and freed him from the obligation of any complaisance to a man whom he despised"^. This consul was warmly in the interest of Clodius ; not so much out of friend- ship, as a natural inclination to the worst side; for, according to Cicero's account of him, he was a man " of a weak and wicked mind ; a churlish, captious sneerer, without any turn of wit, and making men laugh by his looks rather than jests ; favouring neither the popular nor the aristocratical party ; from whom no good was to be expected, because he wished none, nor hurt to be feared, because he durst do none ; who would have been more vicious, by having one vice the less, sloth and laziness," &C.'' Cicero frankly used the liberty which this consul's behaviour allowed him, of delivering his sentiments without any reserve ; giving Piso him- self no quarter, but exposing everything that he did and said in favour of Clodius, in such a manner as to hinder the senate from decreeing to him the province of Syria, which had been designed, and, in a manner, promised to liim"^. The other consul, Messala, was of a quite different character ; a firm and excellent magistrate, in the true interests of his country, and a constant admirer and imitator of Cicero '^. About this time, Cicero is supposed to have made that elegant oration, still extant, in the de- fence of his old preceptor, the poet Archias : he ^ Though Clodius reproaches Cicero here for the extra- vagant purchase of a house, yet he himself is said to have given afterwards near four times as much for one, viz. about 119,0(W. sterling.— Plin. Hist. Nat. 1. ssxvi. 15. a Ad Att. i. 16. ^ Nam caetera non possunt habere nequo vim, neque venustatcm, remoto illo studio conteutionis. — Ibid. c Ibid. 13. •1 Nequc id magis amicitia Clodii ductus, quam studio perditarum rerum, atque partlum. — Ibid. 14. Consul autem ipse parvo animo et pravo ; tantum cavil- lator genere illo moroso, quod etiani sine dicacitate ride- tur ; facie magis, quam facetiis ridiculus : nihil agens cum republica, sejunctus ab optimatibus: a quo nihil speres boni rcipublica;, quia non vult ; nihil metuas mali, quia non audet. — Ibid. 13. Uno vitio minus vitiosus, quod iners, quod somni plenus. —Ibid. 14. * Consulem nulla in re consistere unquam sum passus : desponsam homini jam SjTlam adcmi. — Ibid. IS. f Messala consul est egregius, fortis, constans, diligeu*" nostri laudator, amator, imitator. — Ibid. 14. expected for his pains an immortality of fame from the praise of Archias's muse ; but, by a contrary fate of things, instead of deriving any addition of glory from Archias's compositions, it is wholly owing to his own that the name of Archias has not long ago been buried in oblivion. From the great character given by him of the talents and genius of this poet, we cannot help regretting the entire loss of his works : he had sung in Greek verse the tri- umphs of Marius over the Cimbri, and of Lucullns over Mithridates ; and was now attempting the consulship of CiceroK: but this perished with the rest, or was left rather unfinished and interrupted by his death, since we find no farther mention of it in any of Cicero's later writings. Pompey the Great returned to Rome about the beginning of this year, in the height of his fame and fortunes, from the Mithridatic war. The city had been much alarmed about him, by various reports from abroad, and several tumults at home; where a general apprehension prevailed of his coming at the head of an army to take the govern- ment into his hands ''. It is certain, that he had it now in his power to make himself master of the republic without the hazard even of a war, or any opposition to controul him. Csesar, with the tri- bune MeteUus, was inviting him to it, and had no other ambition at present than to serve under him : but Pompey was too phlegmatic to be easily induced to so desperate a resolution ; or seems rather, in- deed, to have had no thoughts at all of that sort, but to have been content with the rank which he then possessed, of the first citizen of Rome, with- out a rival. He had lived in a perpetual course of success and glory, without any slur, either from the senate or the people, to inspire him with sentiments of revenge, or to give him a pretence for violent measures ; and he was persuaded tliat the growing disorders of the city would soon force all parties tt: create him Dictator, for the settlement of the state ; and thought it of more honour to his character to obtain that power by the consent of his citizens, than to extort it from them by violence. But what- ever apprehensions were conceived of him before his coming, they all vanished at his arrival; for he no sooner set foot in Italy, than he disbanded his troops, giving them orders only to attend him in his triumph ; and, with a private retinue, pursued his journey to Rome, where the whole body of the people came out to receive him with all imaginable gratulations and expressions of joy for his happy return'. By his late victories he had greatly extended the barrier of the empire into the continent of Asia, having added to it three powerful kingdoms'', Pon- tus, Syria, Bithynia, which he reduced to the con- e Nam et Cimbricas res adolescens attigit, et ipsi illi C. Mario, qui durior ad ha>c studia videbatur, Jucundus fuit. Mithridaticum vero bellum, magnum atquo diflScilc, totum ab hoc expressum est ; qui libri non niodo L. Lu- cullum, verum etiam populi Romani nomcn illustrant. — Nam quas res in consulatu nostro vobiscum simul pro salute urbis atque imperii gessimus, attigit hie verslbu3 atque inchoavit : quibus auditis, quod niihi m.agna res et jucunda visa est, hunc ad perficiendum hortatus sum.— Pro Arehia, 9, 11. h Plutarch, in Pomp. ' Ibid. ^ Vt Asia, qu.-c iuiperium antea nostrum terminabat, nunc tribus novis provinciis ipsa cingatur.- De Provin. Consular. 12. 72 THE HISTORY OF THE LIFE OF dition of Roman provinces ; leaving all the oilier kings and nations of tlie East tributary to tlie rt-public, as far as the Tigris. Auioiif; his other coiitiuests, he took the city of Jerusalem, by the opijortuuity of a contest about tlie crown between the two brothers, liireanus and Aristobulus. The lower town was surrendered to him with little or no opposition, but the fortress of the temple cost him a siege of three months ; nor would he have taken it then so easily, as I)io tells us', had it not been for the advantage that the besieged gave him by the observance of their weekly sabbaths, on which they abstained so religiously from all work as to neglect even their necessary defence. He showed great liumanity to the people, and touched no part of the sacred treasure, or vessels of gold, which were of an immense value"'; yet was drawn by his curiosity into such a profanation of tlieir tenii)le, as mortified them more than all that they had suf- fered by the war : for, in taking a view of the buildings, he entered with his officers not only into the holy place, where none but the priests, but into the holy of holies, where none but the high priest was permitted by the law to enter : by which act, as a very eminent writer, more piously perhaps than judiciously, remarks, he drew upon himself the curse of God, and never prospered afterwards". He carried Aristobulus and his children prisoners to Rome, for the ornament of his triumph, and settled Hircanus in the government and the high priesthood, but subject to a tribute. Upon the receipt of the public letters which brought the account of his success, the senate passed a decree, that, on all festival days, he should have the privi- lege to wear a laurel crown with his general's robe ; and in the equestrian races of the Circus, his tri- umphal habit ; an honour which, when he had once used, to show his grateful sense of it, he ever after prudently declined, since, without adding anything to his power, it could serve only to increase the envy which many were endeavouring to stir up against liim". On tat merit of these great services, he did many acts abroad of a very extraordinary nature ; gave what laws he pleased to the whole East ; distri- buted the conquered countries at discretion to the kings and princes who had served him in the wars ; built twenty-nine new cities, or colonies ; and divided to each private soldier about fifty pounds sterling, and to his officers in proportion ; so that the whole of his donative is computed to amount to above three millions of our moneyP. His first business, therefore, after his return, and what he had much at heart, was to get these acts ratified by public authority. The popular faction promised him everything, and employed all their skill to diver.t him from a union with Cicero and the senate, and had made a considerable impression upon him ; but he found the state of things very different from their representations, saw Cicero still in high credit, and, by his means, the authority of the senate much respected ; whicli obliged him to use great management, and made him so cautious of offending any side that he pleased none. Cicero , 1 Dio, 1. xxxvii. p. 36. ™ At Cn. Pompeius, captis Tlierosolymis, victor ex illo fano nihil attigit.— Pro Flacco 28. I , n Pridoaux, Connect, part ii. p. 343. S « Dio, 1. xxxvii. p. ,39. \ V Plin. Hist. 1. xxxvii. 2 ; Appian. Dc liello Mithridat. says of his first speech, that it was neither agree- able to the jioor, nor relished by the rich ; disap- jiointed the seditious, yet gave no satisfaction to the honest'i. As he happened to come home in the very heat of CloJius's affair, so he was presently urged by both parties to declare for the one or the other. Fufius, a busy factious tribune, demanded of liitn, before the people, what he thought of Clo- dius's being tried by the pnetor and a bench of judges ? To which he answered, very aristocrati- cally, as Cicero calls it, that he had ever taken the authority of the senate to be of the greatest weight in all cases. And when the consul Messala asked him, in the senate, what his opinion was of that profanation of religion, and the law proposed about it ; he took occasion, without entering into parti- culars, to applaud in general all that the senate had done in it ; and upon sitting down, told Cicero, who sat next to him, that he had now said enough, he thought, to signify his sentiments of the matter'. Crassus, observing Pom])ey's reserve, resolved to push him to a more explicit declaration, or to get the better of him at least in the good opinion of the senate ; rising up, therefore, to speak, he launched out, in a very high strain, into the praises of Cicero's consulship ; declaring himself indebted to it for his being at that time a senator and a citi- zen, nay, for his very liberty and his life ; and that as often as he saw his wife, his family, and his coun- try, so often he saw his obligations to Cicero. This discomposed Pompey, who was at a loss to under- stand Crassus's motive ; whether it was to take the benefit of an opportunity, which he had omitted, of ingratiating himself with Cicero, or that he knew Cicero's acts to be in high esteem, and the praise of them very agreeable to the senate ; and it piqued him the more, for its coming from a quarter whence it was least to be expected ; from one whom Cicero, out of regard to him, had always treated with a particular slight. The incident, however, raised Cicero's spirits, and made him exert himself before his new hearer, Pompey, with all the pride of his eloquence : his topics were, the firmness and gra- vity of the senate ; the concord of the equestrian order; the concurrence of all Italy ; the lifeless remains of a baffled conspiracy ; the peace and plenty which had since succeeded : nil which he displayed with his utmost force, to let Pompey see his ascendant stiU in that assembly, and how much he had been imposed upon by the accounts of his new friends*. Pompey likewise, on his side, began presently to change his tone, and affected, on all public occasions, to pay so great a court to Cicero, that the other faction gave him the nickname of Cnaeus Cicero : and their seeming union was so generally agreeable to the city, that they were both of them constantly clapped whenever they appeared 1 Prima concio Pompeii — non jucuuda miseris, inanis improbis, beatis non grata, bonis non gravis. Itaque fri- gcbat.— Ad Alt. i. 14. r Mihique, ut assedit, dixit, se putare satis ab se etiam de istis rebus esse responsuni. — Ibid. s Proxime Pompeium sedebam: intellexi hominem moveri ; utrum Crassum inii-o earn gratiam, quam ipse prajtermisisset. Ego autem, dii boni, quomodo eveirepTTepev(Td.iXTjv novo auditori Pompeio ! — Ila^c erat vTr6de Sod haec tota res interpellata bello refrixerat.— Ad Att. i. 19. " Senatus decrevit, ut consules duas Gallias sortirentur ; delectus haberetur ; vacationes no valerent ; legati ciun auctoritate mitterentur, qui adireat Galliae civitatcs. — Cum de consularibus mea prima sors exisset, una voce senatus frequens ma in urbe retinendum censuit. Uoo idem post mc Pompcio accidit ; ut nos duo, quasi pi^nora reipublicae retineri videremur. — Ibid. o Metellus tuus est egregius consul : unum reprehenUo, quod otium c Gallia nunciari non magnopere gaudet. Cupit, credo, triuniphare. Hoc vellem mediocrius ; caetera egregia. — Ibid. 20. 76 THE HISTORY OF THE LIFE OF He sent his own work also to Posidonius of Rhodes, and begf^cd that he would uiulertake the same argument in a more elegant and masterly manner. But Posidonius answered liim with a compliment, that instead of being encouraged to write by the perusal of his j)iece, he was quite deterred from attempting it. Upon which Cicero says jocosely, that lie had confounded the whole Greek nation, and freed himself from the importunity of tliose little wits, who had been teasing him so long, to be employed in writing the history of his acts''. What he says in excuse for taking that task upon himself, is, that it was not a jianegyric, but a history ; which makes our loss of it the greater, since it must have given a more exact account of those times, than can now be possibly had, in an entertaining work, finished with care and elegance ; which not only pleased himself, as it seems to have done very highly, but, as .he tells us, everybody else : " If there be anything in it," says he, "which does not soem to be good Greek, or j)olite enough to please your taste, I will not say what LucuUus told you of his own history at Panormus, that he had scattered some barbarisms in it, on purpose to make it appear to be the work of a Roman : for if anything of that kind should be found in mine, it is not with design, but contrary to my in- tentioni." Upon the plan of these memoirs, he composed afterwards a Latin poem in three books, in which he carried down the history to the end of his exile, but did not venture to publish it till several years after : not that he was afraid, he says, of the re- sentment of those whom he had lashed in it, for he had done that part very sparingly, but of those rather whom he had not celebrated, it being end- less to mention all who had been serviceable to him"'. This piece is also lost, except a few frag- ments scattered in different parts of his other writings. The three books were severally inscribed to three of the Muses ; of which his brother ex- presses the highest approbation, and admonishes him to bear in mind what Jupiter recommends in the end of Urania, or the second book ; which concluded probably with some moral lesson, not unlike to what Calliope prescribes in the third*. P Tua ilia — horridula mihi atque incompta visa sunt : sed tamen erant ornata hoc ipso, quod ornamenta neglex- erant : et ut mulieres, ideo bene olere, quia nihil olebant, videbantur. — Ad me resoripsit jam Rhodo Posidonius, se nostrum illud xnr6ixv7)fia cum legeret, non mode) non ex- citatum ad scribendum, sed etiam plane perterrituni esse. — Contmbavi Grjecam nationem : ita vulgo qui instabant, ut darem sibi quod ornarent, jam exhibere mihi modes- tiam destiterunt. — Ad Att. ii. 1. q Commentariuni consulatus mei Grsece compositum ad te misi : in quo si quid crit, quod honiini Attico minus Grsecum, eruditiunque vidcatur, non dieam, quod tibi, ut opinor, Panormi LucuUus de suis historiis dixerat, — se, quo facilius illas probaret Romani honitnis esse, idcirco barbara quaedam et (tSKoiku dispersisse. Apud me si quid erit ejusmodi, me imprudente erit et invito ■ — Att. i. 19. ■■ Scripsi etiam versibus ties libros dc teniporibus meis, quos jam pridem ad teniisissem, si esse edendos putassem —sed quia verebar non eos, qui se la;sos aibitrarentur, etenim id feci parce et inoUiter ; sed eos, quos eiat infini- tum bene de me meritos omnes nominare.— Ep. Fam. i. 9 * Quod me admones de nostra Urania, suadesque ut meminerim Jovis orationem, quae est in extremo illo libro ; ego vero memini, et ilia omnia mihi magis scripsi, quani caeteris.— Ep, ad Quint. Frat. ii. 9. ; vid. Ad. Att. ii. 3. ; Ue 2)ivin. i, 11. Tntcrca cursus, quos prima a parte juvcntae, (iuos sit odium. Complexus juvcnem dimisi, properans ad epistolas. — Ad Att. ii. 12. ^ » Ad Att. ii. 7. considering the general oppression ; nor yetgreatly, considering the part which he had before acted*. Among the other causes whicli he pleaded this summer, he twice defended A. Thermus, and once L. Flaccus ; men of jjrajtorian dignity, who were both accjuitted. The sjieeches for Thermus are lost ; but that for Flaccus remains, yet somewhat imperfect ; in whi<:h, tiiough he had lately paid so dear for speaking his mind too freely, we find seve- ral bold reflections on the wretched state of sub- jection to which the city was now reduced. This L. Valerius Flaccus had been praetor in Cicero's consulship, and received the thanks of the senate for his zeal and vigour in the seizure of Catiline's accomplices ; but was now accused by P. Liclius of rapine and oppression in his province of Asia, which was allotted to him from his prae- torship. The defence consists chiefly in display- ing the dignity of the criminal, and invalidating the credit of the Asiatic witnesses. Cicero observes, " That the judges, who had known and seen the integrity of Flaccus's life through a series of great employments, were themselves the best witnesses of it, and could not want to learn it from others, esijecially from Grecians : that for his part, he had always been particularly addicted to that nation and their studies, and knew many modest and worthy men among them : that he allowed them to have learning, the discipline of many arts, an elegance of writing, a fluency of speaking, and an acuteness of wit : but as to the sanctity of an oath, they had no notion of it, knew nothing of the force and the efficacy of it : that all their concern in giving evidence was, not how to prove, but how to express what they said : — that they never ap- peared in a cause, but with a resolution to hurt ; nor ever considered what words were proper for an oath, but what were proper to do mischief ; taking it for the last disgrace, to be baffled, confuted, and outdone in swearing : so that they never chose the best and worthiest men for witnesses, but the most daring and loquacious : — in short, that the whole nation looked upon an oath as a mere jest, and placed all their credit, livelihood, and praise, on the success of an impudent lie : — whereas of the Roman witnesses, who were produced against Flac- cus, though several of them came angry, fierce, and willing to ruin him, yet one could not help observing, with what caution and religion they delivered what they had to say ; and though they had the greatest desire to hurt, yet could not do it for their scruples : — that a Roman, in giving his testimony, was always jealous of himself, lest he should go too far ; weighed all his words, and was afraid to let anything drop from him too hastily and passionately ; or to say a syllable more or less than was necessary'." Then after showing, at • Me tueor, ut oppressis omnibus, non demisse ; ut tantifi rebus gestis, parum fortiter. — Ad Att. ii. 18. ' Pro Flacco, 4. 5. This character of the Greek and Roman witnesses is exactly agreeable to what Polybius, though himself a Grecian, had long before observed ; that those who managed the public money in Greece, though they gave ever so many bonds and sureties for their beha- viour, could not be induced to act honestly, or preserve their faith, in the case even of a single talent : whereas in Rome, out of pure reverence to the sanctity of an oath, they were never known to violate their trust, though in the management of the greatest sums. [Polyb. 1. vi. p. 498.] This was certainly true of the old republic ; but we must make great allowance for the language of the Bar, when MARCUS TULLIUS CICERO. 83 large, by what scandalous methods tliis accusation ■was procured against Flaccus, and after exposing the vanity of the crimes charged upon him, toge- ther with the profligate characters of the particular witnesses ; he declares, " that the true and genuine Grecians were all on Flaccus' side, with public testimonies and decrees in his favour. — Here, says he, you see the Athenians, whence humanity, learn- ing, religion, the fruits of the earth, the rights and laws of mankind, are thought to have been first propagated ; for the possession of whose city, the gods themselves are said to have contended on the account of its beauty ; which is of so great anti- quity, that it is reported to have brouglit forth its own citizens, and the same spot to have been their parent, their nurse, and their country ; and of so great authority, that the broken and shat- tered fame of Greece depends now singly on the credit of this city. — Here also are the Lacedemo- ^nia'ns, whose tried and renowned virtue was con- firmed not only by nature, but by discipline ; who alone, of all the nati-ons upon earth, have subsisted for above seven hundred years, without any change in their laws and manners. — Nor can I pass over the city of Marseilles, which knew Flaccus when first a soldier, and afterwards qusestor; the gravity of whose discipline, I think preferable, not only to Greece, but to all other cities ; which, though se- parated so far from the country, the customs, and the language of all Grecians, surrounded by the nations of Gaul, and washed by the waves of bar- barism, is so wisely governed by the counsels of an aristocracy, that it is easier to praise their constitu- tion, than to imitate it"." One part of the charge against Flaccus was, for prohibiting the Jews to carry out of his province the gold, which they used to collect annually through the empire for the temple of Jerusalem ; all which he seized and re- mitted to the treasury at Rome. The charge itself seems to imply, that the Jews made no mean figure at this time in the empire ; and Cicero's answer, though it betrays a great contempt of their reli- gion, through his ignorance of it, yet shows, that their numbers and credit were very considerable also in Rome. The trial was held near the Aure- lian steps, a place of great resort for the populace, and particularly for the Jews, who used it probably as a kind of exchange, or general rendezvous of their countrymen : Cicero therefore proceeds to say, *' It was for this reason, Lselius, and for the sake of this crime, that you have chosen this place and all this crowd for the trial : you know what a nu- merous band the Jews are ; what concord among themselves ; what a bustle they make in our assem- blies — I will speak softly, that the judges only may hear me ; for there are people ready to incite them against me and against every honest man ; and I would not willingly lend any help to that design — Since our gold then is annually carried out of Italy, and all the provinces, in the name of the Jews, to Jerusalem, Flaccus, by a public edict, prohibited the exportation of it from Asia : and where is there a man, judges, who does not truly applaud this act .'' The senate, on several different occasions, but more severely in my consulship, condemned the exportation of gold. To withstand this barba- rous s uperstition was a piece therefore of laudable •we find Cicero applying the same integrity and regard to «an oath to the character of his own times. " Pro Flacco, 26, discipline ; and, out of regard to the republic, to contemn the multitude of Jews, who are so tumul- tuous in all our assemblies, an act of the greatest gravity : but I'ompey, it seems, when he took Jerusalem, meddled with nothing in that temple : in which, as on many other occasions, he acted prudently, that in so suspicious and ill-tongued a people, he would not give any handle for calumny; for I can never believe, that it was the religion of Jews and enemies, which hindered this excellent general, but his own modesty." Then after show- ing, that " Flaccus had not embezzled or seized the gold to his own use, but transmitted it to the public treasury," he observes, that itwas not there- fore for the sake of the crime, but to raise an envy, that this fact was mentioned ; and that the accuser's speech was turned from the judges, and addressed to the circle around them : "Every city," says he, " LaeUus, has its religion ; we have ours : whUe Jerusalem flourished, and Judea was at peace with us, yet their religious rites were held inconsistent with the splendour of this empire, the gravity of the Roman name, and the institutions of our ances- tors : but much more ought they to beheld so now ; since they have let us see, by taking arms, what opinion they have of us ; and by their being con- quered, how dear they are to the gods\" He pro- ceeds in the last place to show, what he had initimated in the beginning, " that the real aim of this trial was to sacrifice those, who had signalized themselves against Catiline, to the malice and revenge of the seditious : " and puts the judges in mind, that " the fate of the city, and the safety of all honest men, now rested on their shoulders : that they saw in what an unsettled state things were, and what a turn their affairs had taken : that among many other acts, which certain men had done, they were now contriving, that by the votes and decisions of the judges every honest man might be undone ; thatthesejudgesindeedhadgivenmanylau- dable judgments in favour of the republic ; many, against the wickedness of the conspirators : yet some people thought the republic not yet suffi- ciently changed, till the best citizens were involved in the same punishment with the worst. C. Antonius," says he, " is already oppressed ; letitbe so : he had a peculiar infamy upon him : yet even he, if I may be allowed to say it, would not have been condemned by you : upon whose condemna- tion a sepulchre was dressed up to Catiline, and celebrated with a feast and concourse of our auda- cious and domestic enemies, and funeral rites performed to him : now the death of Lentulus is to be revenged on Flaccus ; and what more agreeable sacrifice can you offer to him, than by Flaccus's blood to satiate his detestable hatred of us all .' Let us then appease the manes of Lentulus ; pay the last honours to Cethegus ; recall the banished ; nay, let me also be punished for the excess of my love to my country : I am already named and marked out for a trial ; have crimes forged ; dangers pre- pared for me ; which if they had attempted by any other method ; or if, in the name of the people, they had stirred up the unwary multitude against me, I could better have borne it ; but it is not to be endured, that they should think to drive out of the city the authors, the leaders, the champions of our common safety ; by the help of senators and T Pro Flacco, 28. G 2 84 THE HISTORY OF IKE LIFE OF knights, who, with one mind and consent, assisted so greatly in the same cause. Tliey know the mind and inclination of the Roman people : the people themselves take all jiossible occasions of declaring it : there is no variety in their sentiments, or their language. If any one therefore call me thither, I come : I do not only not refuse, but require, the Roman people for my judge : let force only be excluded ; let swords and stones be removed ; let mercenaries be quiet ; let slaves be silent ; and •when I come to be beard for myself, there will not be a man so unjust, if he be free and a citizen, who will not be of opinion, that they ought to vote me rewards rather than punishment''." He concludes, by applying himself, as usual, to move the pity and clemency of the bench towards the person of the criminal, by all the topics proper to excite com- passion : " the merit of his former services ; the lustre of his family ; the tears of his children ; the discouragement of the honest ; and the hurt which the republic would suffer in being deprived, at such a time, of such a citizen." Q. Cicero, who succeeded Flaccus in the pro- vince of Asia, was now entering into the third year of his government, when Cicero sent him a most admirable letter of advice about the admi- nistration of his province ; fraught with such excellent precepts of moderation, humanity, jus- tice, and laying dow.n rules of governing, so truly calculated for the good of mankind, that it deserves a place in the closets of all who govern ; and es- pecially of those who are entrusted with the com- mand of foreign provinces ; who by their distance from any immediate control, are often tempted, by the insolence of power, to acts of great oppression. The triumvirate was now dreaded and detested by all ranks of men : and Pompey, as the first of the league, had the first share of the public hatred : "so that these afi'ecters of popularity," says Cicero, " have taught even modest men tohiss^." Bibulus was continually teasing them by his edicts ; in which he inveighed and protested against all their acts. These edicts were greedily received by the city ; all people got copies of them ; and where- ever they were fixed up in the streets, it was scarce possible to pass for the crowds which were reading them ^. Bibulus was extolled to the skies ; " though I know not why," says Cicero, " unless, like another Fabius, he is thought to save the state by doing nothing : for what is all his greatness of mind, but a mere testimony of his sentiments, without any service to the republic*? " His edicts however j.ro- voked Caesar so far, that he attempted to escite the mob to storm his house, and drag him out by force : and Vatinius actually made an assault upon it, ^ Pro Flacco, 38. y Qui fremitus hominum ? qui Irati animi ? quanto in odio noster amicus Magnus ?^Ad Att. JL 13. Scito nihil imquam fuisse tarn infame, tam turpe, tam perasque omnibus generibus, ordinibus, aetatibns offensum, quam hunc statum, qui nunc est : magis mehercule quam vdlem, non modo quam putaram. Populares isti jam etiam modestos homines sibilare docuerunt. — Ibid. 19. » Itaque archilochia in ilium edicta Bibuli populo ita sunt jucimda, ut eum locum, ubi proponuntur, prs multi- tudine eorum quilegimt.transirenequeunt.' — Ad Att. ii. 21. = Bibulus in coelo est ; nee quare, scio. Sed ita laudatiu-, quasi, unus homo nobis cunotando restituit rem. — Ibid. 19. Bibuli autem ista magnitude animi in comitioruni dila- tione, quid habet, nisi ipsius judicium sine uUa correctione reipublicw.— Ibid. 15. though without success''. But while all the world disliked, lamented, and talked louilly against these proceedings ; and above all, young Curio at the head of the young nobility ; " yet we seek no remedy," says " Cicero, through a persuasion, that there is no resisting, but to our destruction'-'. The inclinations of the people were shown chiefly, as he tells us, in the theatres and public shows ; where, when Ca;sar entered, he was re- ceived only with a dead applause ; but when young Curio, who followed him, appeared, he was clapped, as Pompey used to be in the height of his glory. And in the Apollinarian plays, Diphilus, the tra- gedian, happening to have some passages in his part which were thought to hit the character of Pompey, he was forced to repeat them a thousand times : Thou by our miseries art great i The time will come wlicn thou wilt wretchedly lament that greatness ■ If neither law nor custom can fCsti-ain thee at each of which sentences, the whole theatre made such a roaring and clapping, that they could hardly be quieted''. Pompey was greatly shocked to find himself fallen so low in the esteem of the city : he had hitherto lived in the midst of glory, an utter stranger to disgrace, which made him the more impatient under so mortifying a change : " I could scarce refrain from tears," says Cicero, " to see what an abject, paltry figure, he made in the rostra, where he never used to appear but with unrversal applause and admiration ; meanly haranguing against the edicts of Bibulus, and displeasing not only his audience, but himself: a spectacle agreeable to none so much as to Crassus ; to see him fallen so low from such a height : — and as ApeUes or Pro- togenes would have been grieved to see one of their capital pieces besmeared with dirt ; so it was a real grief to me, to see the man, whom I had painted with all the colours of my art, become of a sudden so deformed : for though nobody can think, since the affair of Clodius, that I have any reason to be his friend ; yet my love for him was so great, that no injury could efface it*." Caesar, on the other hand, began to reap some ^ Putarat Cassar oratione sua posse impelli eoncionem, ut iret ad Bibulum ; multa cum seditiosissime diceret, vocem exprimere non potuit..— Ad Att. ii. 21. Qui consulem morti objeceris, inclusum obsederis^ extrahere ex suis tectis conatus sis. — In Vatin. 9. c Ivtmc quidem novo quodam morbo eivitas moritur ; ut cum omnes ea, quae sunt acta, improbent, querantur, do- leant, varietas in re nulla sit, aperteque loquantur et jam Clare gemant ; tamen medicina nulla afferatur, neque enim resisti sine internecione posse arbi tram ur — Ad Att. ii. 20. d Diphilus tragcedus in nostrum Pompeium petulanter invectus est : Nostra miseria tu es magmis, millies coactua est dicere. Tandem virtutcm istain I'enict tempiis cum ijra- viter gemes, totius theatri clamore dixit, itemque cstera. Nam et ejusmodi sunt ii versus, ut in tempus ab inimico Pompeii script! esse videantur. iSi neque leges, neque mores cogunt, et caetera magno cum fremitu et clamore dicta sunt. — Ibid. 19. Valerius Maximus, who tells the same story, says, that Diphilus, in pronouncing those sentences, stretched out his hands toivards Pompey, to point him out to the company. But it appears from Cicero's account of it in this letter to Atticus, that Pompey was then at Capua ; whither Caesar sent an express to him in all haste to acquaint him witli what had passed, and to call liim probably to Rome. — Val. Max. vi. 2. t Ut ills tum humilis, ut demissus erat : ut ipse etiam MARCUS TULLIUS CICERO. 8S part of that fruit which he expected from their union : he foresaw, from the first, that the odium of it would fall upon Pompey ; the benefit accrue to himself : till Pompey, gradually sinking under the envy, and himself insensibly rising by the power of it, they might come at last to act upon a level : or, as Floras states the several views of the three, Csesar wanted to acquire ; Crassus to in- crease ; Pompey to preserve his dignity k^. So that Pompey in reality was but the dupe of the other two : whereas if he had united himself with Cicero, and through him with the senate ; whither his own and his country's interest called him, and where, from the different talents of the men, there could have been no contrast of glory or power ; he must have preserved through life, what his utmost ambi- tion seemed to aim at, the character not only of the first, but of the best citizen in Rome : but by his alliance with Caesar, he lent his authority to the nursing up a rival, who gained upon him daily in credit, and grew too strong for him at last in power. The people's disaffection began to open his eyes, and make him sensible of his error ; which he frankly owned to Cicero, and seemed desirous of entering into measures with him to retrieve it**. He saw himself on the brink of a precipice, where to proceed was ruinous, to retreat ignominious : the honest were become his enemies, and the factious had never been his friends : but though it was easy to see his mistake, it was difficult to find a remedy. Cicero pressed the only one which could be effec- tual, an immediate breach with Csesar ; and used all arguments to bring him to it ; but Caesar was more successful, and drew Pompey quite away from him' ; and having got possession, entangled him so fast, that he could never disengage himself till it was too late. But to give a turn to the disposition of the peo- ple, or to draw their attention at least another way, Cassar contrived to amuse the city with the disco- very of a new conspiracy to assassinate Pompey. Vettius, who in Catiline's affair had impeached Caesar, and smarted severely for it, was now in- structed how to make amends for that step, by swearing a plot upon the opposite party ; particu- larly upon young ^urio, the briskest opposer of the triumvirate. For this purpose, he insinuated him- self into Curio's acquaintance, and when he was grown familiar, opened to him a resolution, which sibi, non iis soluin qui aderant, displicebat. O spectaculum uni Crasso jucundum, &c. — Quanquam nemo putabat propter Clodianum negotium me illi amicum esse debere : tamen tantus fuit amor, ut exhaui-iri nulla posset injuria. —Ad Att. 11. 21 fC Sed quod facile sentias, taedet ipsum Pompeium, vehe- tnenterque poenitet, &c. — Ad Att. 11. 22. Prlmuni igitur illud te scire volo, Sampsiceranum, nos- trum amicum, vchementer sui status poenitere, restitui- que in eum locum cupere, ex quo decidit, doloremque Buum Impertire nobis, et medicinam interdum apertequiE- rere ; quam ego possum invenire nullam. — Ibid. 23. ' Ego M. Bibulo. praistantissimo cive, consulc, nihil prstermisi, quantum faccre, nitique potui, quin Pom- peium a Csesaris conjunctiono avocarem. In quo Cariar felicior fuit : ipse enim Pompeium a mea familiaritate .di^unxit — Phil. ii. 10. he pretended to have-taken, of killing Pompe», »» expectation of drawing some approbation of it from him : but Curio carried the story to his fatner. who gave immediate information of it to Pompey, and so the matter, being made public, was brought before the senate. This was a disappointment to Vettius, who had laid his measures so, that "he himself should have been seized in the forum with a poniard, and his slaves taken also with pon- iards ; and upon his examination, was to have made the first discovery if Curio had not prevented him. But being now examined before the senate, he denied at first his having any such discourse with Curio ; but presently recanted, and offered to dis- cover what he knew, upon promise of pardon, which was readily granted : he then told them, that there was a plot formed by many of the young nobility, of which Curio was the head : that Paul- lus was engaged in it from the first, with Brutus also and Lentulus, the son of the flamen, with the privity of his father : that Septimius, the secretary of Bibulus, had brought him a dagger from Bibu- lus himself. — This was thought ridiculous, that Vettius should not be able to procure a dagger, unless the consul had given him one. — Young Curio was called in to answer to Vettius' s infor- mation, who soon confounded him, and showed his narrative to be inconsistent and impossible : for he had deposed, that the young nobles had agreed to attack Pompey in the forum on the day when Gabinius gave his show of gladiators, and that Paullus was to be the leader in the attack ; but it appeared, that Paullus was in Macedonia at that very time. — The senate therefore ordered Vettius to be clapped into irons, and that if any man released him, he should be deemed a public enemy." Caesar, however, unwilling to let the matter drop so easily, brought him out again the next day, and produced him to the people in the rostra ; and in that place, where Bibulus, though consul, durst not venture to show himself, exhibited this wretch, as his puppet, to utter whatever he should think fit to inspire. Vettius impeached several here, whom he had not named before in the senate ; particularly Lucullus and Domitius : he did not name Cicero, but said, that a certain senator of great eloquence, and consular rank, and a neighbour of the consul, had told him, that the times wanted another Brutus or Ahala. When he had done, and was going down, being called back again and whispered by Vatinius, and then asked aloud, whether he could recollect nothing more, he farther declared, that Piso, Cicero's son-in-law, and M. Laterensis, were also privy to the design^ But it happened in this, as it commonly does in all plots of the same kind, that the too great eagerness of the managers de&troyed its effect : for, by the extravagance to which it was pushed, it confuted itself ; and was entertained with so general a contempt by all orders, that Cffisar was glad to get rid of it, by strangling or poisoning Vettius privately in prison, and giving it out, that it was done by the conspirators'. The senate had still one expedient in reserve for mortifying Caesar, by throwing some contemptible k Ad Att. 11. 24 ; In Vatln. II ; Sueton. J. Cfcs. 20. 1 Fregerisnc in carcere cervices ipsl illi Vettio, ne quod Indicium corrupti judicll extaret ? — In Vatin. 11 , CjEsar— desperans tarn prEecipitis consilii eventum, in- tercepisse veneno indiccm croditur.— Sueton. J, ClBS. 30 ; Plutaixh. in LucuU. 00 'llli: HISTORY OV THE LIFE Ot province upon him nt the expiration of his consul- ship ; as the cure of the wooils or the roads ; or what shouhl give him at least no power to molest them'". The distribution of the provinces was, by ancient usage and exjiress law, their luidoubted prerogative ; which had never been invaded or attempted by the people"; so that this piece of revenije, or rather self-defence, seemed to be clearly in their jiower ; but (.'cesar, who valued no law or custom which did not serve his purposes, without any regard to the senate, ai)plied himself to his better friends, the peojjle ; and by his agent Vati- nius procured from them, by a new and extraordi- nary law, the grant of Cisalpine Gaul, with the addition of lllyricuin, for the term of five years. This was a cruel blow to the power of the senate, and a direct infringement of the old constitution ; as it transferred to the people a right which they had never exercised or pretended to before". It convinced the senate, however, that all opposition was vain ; so that when CcEsar soon after declared a desire to have the Transalpine Gaul added to his other provinces, they decreed it to him readily themselves ; to prevent his recurring a second time to the people, and establishing a precedent, so fatal to their authorityP. Clodius began now to threaten Cicero M'ith all the terrors of his tribunate ; to which he was elected without any opposition : and in proportion as the danger approached, Cicero's apprehensions were every day more and more alarmed. The absence of his friend Atticus, who was lately gone to Epirus, was an additional mortification to him : for Atticus, having a great familiarity with all the Clodian family, might have been of service, either in dis- suading Clodius from any attempt, or in fishing out of him at least what he really intended. Cicero pressed him therefore, in every letter, to come back again to Rome: '• If you love me, (says he,) as much as I am persuaded you do, hold yourself ready to run hither as soon as I call : though I am doing and will do everything in my power to save vou that trouble 1. — My wishes and my affairs require you : I shall want neither counsel, nor courage, nor forces, if I see you here at the time. I have reason to be satisfied with Varro : Pompey talks divinely"". — How much do I wish that you had staid at Rome ! as you surely would have done, if you had imagined how things would happen : ™ Eandem ob causam opera optimatibus data est, ut provinciae futuris consulibus minimi negotii, id est, sylvae callesquc, deceruerentur. — Sueton. .J. Cass. 19. " Tu proviiicias consulares, quas C. Gracclius, qui unus maxime popularis fuit, non iiiodo non abstulit ab senatu : sed etiam utnocesseesset, quotannis constitui per senatuni decreta lege sanxit. — Pro Domo, 9. Eripueras senatui provinciae decemendas potestateni ; imperatoris deligendi judicium ; aerarii dispensationem ; quK nunquam sibi populus Romanus appetivit, qui nun- quam haec a surrmii cousilii gubernatione auferre conatus est.— In Vatin. 15. P Initio quidom Galliam Cisalpinam, adjecto Illyrioo, lege Vatinia accepit: mox per senatuni Comatam quoque : veritis Patribus, ne si ipsi negassent, populus etlianc daret. .—Sueton. J. Cass. 22. 1 Tu, si me amas tantum, quantum profecto amas, expe- ditus facito ut sis ; si inclamaro, ut accurras. Sed do operam, et dabo, ne sit ncccsse. — Ad Att. ii. 20. ■■ Te cum ego desidero, turn etiam res ad tempus illud vocat. P'urinium consilii, animi, prassidii denique mihi, si te ad tempus videro, accesserit. Varro milii satisfacit, Ponxpeius loquitur divinitus. — Ibid. 21, we should easily have managed Clodius, or learnt at least for certain what he meant to do. At pre- sent he flies about ; raves ; knows not what he would be at ; threatens many ; and will take his measures perhaps at last from chance. When he reflects, in what a general odium the administration of our affairs now is, he seems disposed to turn his attacks upon the authors of it : but when he con- siders their power, and their armies, he falls again upon me ; and threatens me botii with violence and a trial — Many things may be transacted by our friend Varro, which, when urged also by you, would have the greater weiglit ; many things may be drawn from Clodius himself; many discovered, whichcannotbc concealed from you ; but itisabsurd to run into particulars, when I want you for all things — the whole depends on your coming before he enters into his magistracy". Wherefore, if this finds you asleep, awake yourself ; if standing still, come away ; if coming, run ; if running, fly ; itis in- credible, what a stress I lay on your counsel and pru- dence; but above all, on your love andfide]ity,"&c.' Caesar's whole ayu in this atlair was to subdue Cicero's spirit, and distress him so far, as to force him to a dependence upon him : for which end, while he was privately encouraging Clodius to pur- sue him, he was proposing expedients to Cicero for his security : he offered to put him into the com- mission, for distributing the lands of Campania, with which twenty of the principal senators were charged : but as it was an invitation only into the place of one deceased, and not an original desig- nation, Cicero did not think it for his dignity to accept it ; nor cared on any account to bear a part in an affair so odious" ; he then offered, in the most obliging manner, to make him one of his lieutenants in Gaul, and pressed it earnestly upon him ; which, was both a sure and honourable way of avoiding the danger, and what he might have made use of so far only as it served his purpose, without embar- rassing himself with tlie duty of it^: yet Cicero, after some hesitation, declined this also. He was unwilling to owe the obligation of his safety to any man, and much more to Caesar ; being desirous, if possible, to defend himself by his own strength ; as he could easily have done, if the triumvirate would not have acted against him. But this stiffness so exasperated Caesar, that he resolved immediately to assist Clodius, with all his power, to oppress him ; and in excuse for it afterwards, used to throw the whole blame on Cicero himself, for slighting so obstinately all the friendly offers which he made to himy. Pompey all this while, to prevent his throw- ing himself perhaps into Caesar's hands, was giving him the strongest assurances, confirmed by oaths s Ad Att. ii. 22. ' Quamobrem, si dermis, expergiscere ; si stas, ingre- dere ; si ingrederis, curre ; si curris, advola. Credibile non est, quantum ego in consiliisetprudentiatua.et quod max- imum est, quantum inamore etfideponam. — Ad Att. ii. 23. " Cosooniomortuo, sum in ejus locum invitatus. Id erat vocari in locum mortui. Nihil me turpiiis apud homines fuisset: neque.vero ad istam ipsam a(r' quicquam alienius. Sunt enim illi apud bonos invidiosi.— Ibid. 19. t A Csesarevaldeliberalitcriuvifor in legationcm illam, sibi ut sini legatus. Ilia ct munitior est, et non impedit, quo minus adsim, cum vellm. — Ibid. 18. Caesar me sibi vult esse legatum. Honestior h»c docli- natio periculi. Sed ego hoc nunc repudio. Ciuid ergo est ? Pugnare malo : nihil tamen certi. — Ibid. 19. y Ac aolet, cum se purgat, in me conferre omnem iato- MARCUS TULLIUS CICERO. fff and vows, that there was no danger ; and that he irould sooner be killed himself, than suffer him to be hurt ; that both Clodius and his brother Appius had solemnly promised to act nothing against him, but to be wholly at his disposal ; and if they did not keep their word, that he would let all the world see, how much he preferred Cicero's friendship to all his other engagements. In Cicero's account of this to Atticus, " Varro, (says he,) gives me full satisfaction. Pompey loves me, and treats me with great kindness. Do you believe him ? you'll say. Yes, I do. He convinces me, that he is in earnest. — Yet since all men of affairs, in their historical reflections, and even poets too in their verses, admonish us always to be upon our guard, nor to believe too easily ; I comply with them in one thing ; to use all proper caution, as far as I am able ; but for the other, find it impossible for me not to believe him^." But whatever really passed between Clodius and Pompey ; Cicero perceiving, that Clodius talked in a different strain to everybody else, and denounced nothing but war and ruin to him, began to be very suspicious of Pompey; and prepared to defend himself by his genuine forces, the senate and the knights, with the honest of all ranks, who were ready to fly to his assistance from all parts of Italy*. This was the situation of affairs when Clodius entered upon the tribunate ; where his first act was, to put the same affront on Bibulus, which had been offered before to Cicero, on laying down that office, by not suffering him to speak to the people, but only to take the accustomed oath. Q. Metellus Celer, an excellent citizen and patriot, who, from his consulship, obtained the government of Gaul, to which Csesar now succeeded, died suddenly this summer at Rome, in the vigour of his health and flower of his age, not without suspicion of violence. His wife, the sister of Clo- dius, a lewd, intriguing woman, was commonly thought to have poisoned him, as well to revenge his opposition to all the attempts of her brother, as to gain the greater liberty of pursuing her own amours. Cicero does not scruple to charge her rum temporum culpam : ita me sibi fuisse inimicum, ut ne honorem quidem a se accipere vellem. — Ad Att. is. 2. Non caruerunt suspiciono oppress! Ciceronis, Caesar et Pompeius. Hoc sibi contraxisse videbatur Cicero, quod inter xx. vires dividendo agro Campano esse noluisset. —Veil. Pat. ii. 45. * Pompeius omnia pollicetur et Caesar : quibus ego ita credo, ut nihil de mea comparatione diminuam. — Ad Quint. Frat. i. 2. Pompeius amat nos, caroDque habet. Credis ? inquies, Credo : Prorsus mihi pcrsuadet. Sed quia, ut video, prag- matiei homines omnibus historicis prajceptis, versibus denique cavore jubent, et vetant credere ; alterum facio, ut caveam; alterum, ut non credam, facere nonpo:;sum. Clo- dius adhuc mihidcnunciat periculum : Pompeius affirmat non esse periculum ; adjurat, addit etiam, se prius occisum iri ab eo, quani mc violatum iri. — Ad Att. ii. 20. Fidem reeepisse sibi et Clodium et Appium deme: banc si iUe non servraret, ita laturum, ut omncs iutelligerent, nihil antiquius amicitia nostra fuisse, &c. Ibid. 22. * Clodius est inimicus nobis. Pompeius confirmat cum nihil facturum esse contra me. Mihi periculosum est cre- dere : ad resistendum me paro. Studia spero me summa habiturum omnium ordinum. — Ibid. 21. Si diem Clodius dixerit, tota Italia concurret : sin au- tcm vi agcre conabitur, omnes sc et suos liberos, amicos, clientes, libertos, sei-vos, pecimias denique suas poUiccn- tiir — Ad Quint. Frat. i, 2. with it in his speech for Caelius, where he gives .<\ moving account of the death of her husband, when, he visited in his last moments ; when in broken, faltering accents he foretold the storm which was ready to break both upon Cicero and the republic; and, in the midst of his agonies, signified it to be his only concern in dying, that his friend and his country should be deprived of his help at so critical a conjuncture''. By Metellus's death a place became vacant in the college of augurs : and though Cicero was so shy of accepting any favour from the trium\'irate, yet he seems inclined to have accepted this, if it had been offered to him, as he intimates in a letter to Atticus. Tell me, says he, every tittle of news that is stirring ; and since Nepos is leaving Rome, who is to have his brother's augurate : it is the only thing with which they could tempt me. Ob- serve my weakness ! But what have I to do with such things, to which I long to bid adieu, and turn myself entirely to philosophy } I am now in earnest to do it ; and wish that I had been so from the beginning"^. But his inclination to the augu- rate, at this time, was nothing else, we see, but a sudden start of an un weighed thought ; no sooner thrown out, than retracted ; and dropped only to Atticus, to whom he used to open all his thoughts with the same freedom with which they offered themselves to his own mind'' : for it is certain, that he might have had this very augurate, if he had thought it worth asking for ; nay, in a letter to Cato, who could not be ignorant of the fact, he says, that he had actually slighted it ; which seems indeed to have been the case^ : for though he was b Cum iUe — tertio die post quam in curia, quam in ros- tris, quam in republica floruisset, integerrima a;tate, Optimo liabitu, maximis viribus, eripcretur bonis omni- bus atque universae civitati. — Cum me intuens flcntem significabatinterruptis atque morieutibus vocibus, quanta impenderet procella urbi, quanta tempestas civitati — ut non se eraori, quam spoliari suo praesidio cum patriam, turn etiam me doleret. — Ex hac igitur domo progressa ilia mulier de veneni ccleritate dicere audcbit ? — Pro Cselio, 24. c Et numquid novi omnino : et quoniam Nepos proficis- citur, euinam auguratus deforatur, quo quidem imo ego ab istis capi possum. Vido Icvitatem meam ! Sed quid ego hacc, qua^ cupio deponcre, et toto animo atque omni cura (pi\o(FO(pilv ? Sic, inquam, in animo est ; vellem ab initio. — Ad Att. ii. 5. An ingenious French writer, and an English one also not less ingenious, have taken occasion from this passage to form a heavy charge against Cicero both in his civil and moral character, The Frenchman descants with great gravity on the foible o/hnman nature, and the astonishing weakness of otcr Orator, in siifferiiipa thought to drop from him, which must for ever ruin his credit with jiostcrit)/, and destroy that high opinion of his virtue, ichich he labours everywhere to inculcate. But a proper attention to the general tenor of liis conduct woxild easily have convinced him of the absurdity of so severe an interpretation ; and the facts produced in this history .abundantly show, that the passage itself cannot admit any otlier sense than what I have given to it, as it is rendered also by Mr. Mongault, the judicious translator of the Epistles to Atticus, viz. that the auyurate teas the only bait that could tempt him ,• not to go into the measures of the triumvirate, for that was never in his thoughts, but to accept anything from them, or suffer himself to be obliged to them.— See Hist, de I'Exil de Cic^ron, p. 42 ; Considerations on the Life of Cicero, p. 27. •i Ego tecum, t.inquam niecum loquor. — Ad Att. viii. 14. e Sacerdotiura denique, cum. quemadmodum te existi- mare arbitror, non difficillinie consequi possem, non appetivi.— Idem post injiu-iam acccptam— studui quam 88 TilE HlSTOilY OF THE LIFE OF within twenty miles of Rome, yet he never stirred from his retreat to solicit or offer himself for it, which he must necessurily have done, if he had any real desire to obtain it. Cicero's fortunes seemed now to be in a tottering condition : his enemies were gaining ground upon him, and any addition of helj) from the new magis- trates might turn tlie scale to his ruin. Catulus used to tell him, that he had no cause to fear anything ; for that one good consul was sufficient to j)rotect him ; and Rome had never known two bad ones in office together, except in Cinna's tyranny '. But that day was now come ; and Rome saw in this year, what it had never seen before in peaceful times since its foundation, two profligate men advanced to that high dignity. These were L. Calpurnius Piso and A. Gabinius ; the one, the father-in-law of Ceesar, the other, the creature of I'ompey. Before their A. uRB. fi95. entrance into office, Cicero had con- ceived great hopes of them, and not L. CALPUR- without reason ; for, by the marriage Nius PISO, of his daughter, he was allied to Piso ; A. GABi.vius. who continued to give him all the marks of his confidence, and had employed him, in his late election, to preside over the votes of the leading century ; and when he entered into his office, on the first of January, asked his opinion the third in the senate, or the next after Pompey and Crassus^^ : and he might flatter himself also, probably, that on account of the influence which they were under, they would not be very forward to declare themselves against him''. But he presently found himself deceived : for Clodius had already secured them to his mea- sures, by a private contract, to procure for them, by a grant of the people, two of the best govern- ments of the empire ; for Piso, Macedonia, with Greece and Thessaly ; for Gabinius, Cilicia : and when this last was not thought good enough, and Gabinius seemed to be displeased with his bargain, it was exchanged soon after for Syria, with a power of making war upon the Parthians'. For this price they agreed to serve him in all his designs, and particularly in the oppression of Cicero ; who, on ornatissima senatus populique Romani de me judicia inter- ccdere. Itaque et augur postea fieri volui, quod antea neglexeram. — Ep. Fam. xv. 4. f Audieram ex sapientissimo homine, Q. Catulo, non saspe unmn consulem improbum, duos veronunquam post Romam conditam, excepto illo Cinnano tempore, fuisse. Quare meamcausam semper fore firmissimani dicerc solc- l)Ht,dnni vel unus in republica consul esset. — Post Red. in Sen. 4. g Consules se optime ostendunt.— Ad Quint. Frat. i. 2. Tu misericors me affinem tuum, quem tuis comitiis prse- rogativae primum custodem praefeceras ; quem kalendis Januariis tertio loco sentontiam rogaras, constrictum inimi- cis reipubUcae tradidisti. — Post Red. in Sen. 7 ; In Pis. 5, 6. h The author of tlie Exile of Cicero, to aggravate the per- fidy of Gabinius, tells us, that Cicero had defended him in a capital cause, and produces a fragment of the oration : but he mistakes the time of the fact ; for that defence was not made till several years after this consulship ; as wo shall see hereafter in its proper place. — Hist, de I'Exil de Ciceron, p. 115. ' Fcedus fecerunt cum tribuno plebis palam, ut ab eo provincias acciperent, quas vellent — id autem fcpdus meo sanguine ictum sanciri posse dicebant. — Pro Scxt. 10. CuJ quidem cum Clliciam dedisses, mutasti pactionem et Gabinio, pretio amplificato, Syriam nominatim dedisti. —Pro Domo, 9. that account, often calls them, not consuls, but brokers of provinces, and sellers of their country''. They were, both of them, efjually corrupt in their morals, yet very dift'erent in their tempers. Piso had been accused the year before, by P. Clodius, of plundering and oppressing the allies : when by throwing himself at the feet of his judges in the most abject manner, and in the midst of a violent rain, he is said to have moved the compassion of the bench, who thought it punishment enough for a man of his birth, to be reduced to the necessity of prostrating himself so miserably, and rising so deformed and besmeared with dirt'. But in truth, it was Caesar's authority that saved him, and recon- ciled him at the same time to Clodius. In his outward carriage he affected the mien and garb of a philosopher, and his aspect greatly contributed to give him the credit of that character : he was severe in his looks, squalid in his dress, slow in his speech, morose in his manners, the very picture of antiquity, and a pattern of the ancient republic; ambitious to be thought a patriot, and a reviver of the old discipline. But this garb of rigid virtue covered a most lewd and vicious mind : he was surrounded always with Greeks, to imprint a notion of his learning : but while others entertained them for the improvement of their knowledge, he, for the gratification of his lusts, as his cooks, his pimps, or his drunken companions. In short, he was a dirty, sottish, stupid Epicurean; wallowing in all the low and filthy pleasures of life ; till a false opinion of Ids wisdom, the splendour ot his great family, and the smoky images of ancestors, whom he resembled in nothing but his complexion, re- commended him to the consulship ; which exposed the genuine temper and talents of the man". His colleague Gabinius was no hy>)ocrite, but a professed rake from the beginning ; gay, foppish, luxurious ; always curled and perfumed, and living in a perpetued debauch of gaming, wine, and women ; void of every principle of virtue, honour, and pro- bity ; and so desperate in his fortunes, through the extravagance of his pleasures, that he had no other resource, or hopes of subsistence, but from the ^ Xon consules, sed mercatores provinciarum, ae vendi- tores vestrae dignitatis.' — Post Red. in Sen. 4. 1 L. Piso, a P. Clodio accusatus, quod graves et intolera- biles injurias sociis intulisset, haud dubiEe ruinae metum fortuito auxilio vitavit — quia jam satis graves cum poenas sociis dedisse arbitrati sunt hue deductuin necessitatis, ut abjicere se tam suppliciter, aut attoUere tani deformiter cogeretur. — Val. IMax. viii. 1 ™ Q,uam teter incedebat ? quam truculentus ? quam ter- ribilis aspectu ? Aliquem te ex barbatis illis, cxeniplum veteris imperii, imaginem antiquitatis,columen reipublicae, diceres intueri. Vestitus asperc, nostra hac purpura ple- beia, et pene fusca. Capillo ita horrido, ut — tanta erat gravitas in oculo, tanta contractio frontis, ut illo super- cilio respublica, tanquam Atlante coelum, niti videretur. [Pro Sext. 8.] Quia tristem semper, quia tacitumum, quia subhorridmn atque incultuni videbant, et quod erat eo no- mine, ut ingenerata f amiliae f rugalitas videretur ; f avebant — etenim animus ejus vultu, flagitia parietibus tegebantur ■ — laudabat homo doctus phUosophos nescio quos. — [Ibid. 9.] Jacebat in suoGraecorum foe tore etvino — Grseci stipati, quini in lectulis, saepe plures. — In Pis. 10, 2?. His utitur quasi pra;fectis libidinum suarum : hi volup- t.ates omnes vestigant atque odorantur : hi sunt conditoreg instructoresque convivii, &c. — Post Red. in Sen. C. Obrepisti ad honorcs errore honiinum, comniondationo fumosarum imaginuni, quarum simile nihil habes praeter colorem. — In Pis. 1. MARCUS TULLIUS CICERO. 89 plunder of the republic. In liis tribunate, to pay bis court to Pompej', be exposed to tbe mob the plan of LucuUus's house, to show what an expen- sive fabric one of the greatest subjects of Rome was building, as he would intimate, out of the spoils of the treasury : yet this vain man, oppressed with debts, and scarce able to s-how his head, found means, from the perquisites of his consulship, to build a much more magniliceat palace than Lucullus himself had done". No wonder then that two such consuls, ready to sacrifice the empire itself to their lusts and pleasures, should barter away the safety and fortunes of a private senator, whose virtue was a standing reproof to them, and whose very pre- sence gave some check to the free indulgence of their vices. Clodius having gained the consuls, made his next attempt upon the people, by obliging them with several new laws, contrived chiefly for their advantage, which he now promulgated. First, that corn should be distributed gratis to the citizens. Secondly, that no magistrates should take the auspices, or observe the heavens, when the people ■were actually assembled on public business. Thirdly, that the old companies or fraternities of the city, which the senate had abolished, should be revived, and new ones instituted. Fourthly, to please those also of higher rank, that the censors should not expel from the senate, or inflict any mark of infamy on any man, who was not first openly accused and convicted of some crime by their joint sentence". These laws, though generally agreeable, were highly unseasonable ; tending to relax the public discipline, at a time when it wanted most to be reinforced : Cicero took them all to be levelled at himself, and contrived to pave the way to his ruin ; so that he provided his friend L. Nin- nius, one of the tribunes, to put his negative upon them, especially on the law of fraternities, which, tinder colour of incorporating those societies, gave Clodius an opportunity of gathering an armj', and enlisting into his service all the scum and dregs of the city P. Dion Cassius says, that Clodius, fearing lest this opposition should retard the effect of his other projects, persuaded Cicero, in an amicable conference, to withdraw his tribune, and give no interruption to his laws, upon a promise and con- dition that he would not make any attempt against himi: but we find from Cicero's account, that it ■was the advice of his friends, which induced him to be quiet against his own judgment ; because the laws themselves were popular, and did not per- sonally affect him : though he blamed himself soon afterwards for his indolence, and expostulated with Atticus for advising him to it ; when he felt to his cost the advantage which Clodi us had gained by if. " Alter unguentisafflucns, ealamistratacoma, despicions conscios stuprorum — fefellit neminem — hominein emersum subitn esdiuturnistenebrislustrorumac stuprorum — vino, ganeis, lenociniis, adulteriisque Cdnfcctum. — Pro Sext. 9. Cur ille gurges, heluatus tecum siniul reipublic a; sangui- nem, ad ccelum tamen extruxitviliam inXusculano visce- rlbus jerarii. — Pro Domo, 47. ° Vid. Orat. in Pison. 4. ct notas Asconii.— Dio, 1. xxxviii. p. 67. P Collegia, non ea solum, qujB senatus sustulerat, resti- tnta, sod iunumerabilia qua;datQ nova ex onmi fa'cc urbis ac sen'itio concitata.— In Pison. 4. 1 Dio, 1. xxxviii. p. 67. "■ Nunquam esses passus mihi persuaderi, utile nobis esse legem de collegiis perferri.— Ad Att. iii. 15. For the true design of all these laws was, to introduce only with better grace the grand plot of the play, the banishment of Cicero, which was now directly attempted by a special law, importing, that whoever had taken the life of a citizen uncondemned and without a trial, should be prohibited from fire and water''. Though Cicero was not named, yet he was marked out by the law : his crime was, tlie putting Catiline's accomplices to death ; which, though not done by his single authority, but by a general vote of the senate, and after a solemn hear- ing and debate, was alleged to be illegal, and con- trary to the liberties of the people. Cicero finding himself thus reduced to the condition of a criminal, changed his habit upon it, as it was usual in the case of a public impeachment, and appeared about the streets in a sordid or mourning gown, to excite the compassion of his citizens ; whilst Clodius, at the head of his mob, contrived to meet and insult him at every turn ; reproaching him for his cow- ardice and dejection, and throwing dirt and stones at him'. But Cicero soon gathered friends enough about him to secure him from such insults : " the whole body of the knights and the young nobility, to the number of twenty thousand", with young Crassus at their head, who all changed their habit, and perpetually attended him about the city, to implore the protection and assistance of the people." The city was now in great agitation, and every part of it engaged on one side or the other. The senate met in the temple of Concord, while Cicero's friends assembled in the capitol ; whence all the knights and the young nobles went in their habit of mourning to throw themselves at the feet of the consuls, and beg their interposition in Cicero's favour. Piso kept his house that day on purpose to avoid them ; but Gabinius received them with intolerable rudeness, though their petition was seconded by the intreaties and tears of the whole senate : he treated Cicero's character and consul- shiji with the utmost derision, and repulsed the whole company with threats and insults for their fruitless pains to support a sinking cause. This raised great indignation in the assembly, — where the tribune Ninnius, instead of being discouraged by the violence of the consul, made a motion, that the senate also should change their habit with the rest of the city ; which was agreed to instantly by a unanimous vote. Gabinius, enrsiged at this, flew out of the senate into the forum, where he declared to the people from the rostra, "that men were mistaken to imagine that the senate had any power in the republic ; that the knights should pay dear for that day's work, when, in Cicero's con- sulship, they kept guard in the capitol with their drawn swords : and that the hour was now come when those, who lived at that time in fear, should revenge themselves on their enemies : and to con- firm the truth of what he said, he banished L. Lamia, a Roman knight, two hundred miles from the city, for his distinguished zeal and activity in Cicero's service^ ;" an act of power which no ' Qui civem Romanum indemnatiun perimisset, ei aqua ct igni interdiceretur.' — Veil. Pat. ii. 45. ' Plutarch, in Cicero. " Pro me praisente senatus, hominumque viginti mlllia vestem mutaverunt. — Post Red. ad Quir. 3. I Hie subito cum ineiedibilis in Capitolium multitude ex tota urbe, cimctaque Italia convenissct, vestem mutan- dam onines, meque etiam onini ratione, privato consilio, 90 THE HISTORY OF THE LIFE OF consul before him had ever presumed to exert on any citizen ; which was followed ])resciitly " by an edict from both the consuls, forbidding tiie senate to put their late vote in execution, and enjoining tliem to resume their ordinary dress''. Aiitl where is there," says Cicero, " in all history, a more illus- trious testimony to the honour of any man than that all the honest by private inclination, and the senate by a public decree, should cliange their habit for the sake of a single citizen'' ?" But the resolution of changing his gown was too hasty and ituH)nsidcrate, and helped to precipitate his ruin. He was not named in the law, nor ]ier- sonally affected by it : the terms of it were general and seemingly just, reaching only to those who had taken the life of a citizen illegally. Whether this was his case or not, was not yet the jioint in issue, but to be the subject of another trial ; so that by making himself a criminal before his time, he shortened the trouble of his enemies, discouraged his friends, and made his case more desperate than he needed to have done ; whereas, if he had taken the part of commending or slighting the law, as being wholly unconcerned in it, and when he came to be actually attacked by a second law, and brought to a trial upon it, had stood resolutely upon his defence, he might have baffled the malice of his prosecutors. He was sensible of his error when it was too late ; and oft reproaches Atticus, that being a stander-by, and less heated in the game than himself, he would suffer him to make such blunders". As the other consul, Piso, had not yet explicitly declared himself, so Cicero, accompanied by his son-in-law, who was his near kinsman, took occa- sion to make him a visit, in hopes to move him to espouse his cause, and support the authority of the senate. They went to him about eleven in the morning, and found him, as Cicero afterwards told the senate, " coming out from a little dirty hovel, fresh from the last night's debauch, with his slip- quoniam publicis ducibus respublica careret, defendenduni putarunt. Erat eodem tempore senatus in aede Concordia?, — cum flens universus ordo cincinnatum consulem orabat, nam alter ille horridus et severus domi se consulto tenebat. Qua turn superbia ccenum illud aolabesamplissimi ordinis preces et clarissimoruin civiuni lacrymas repudiavit ? We ipsum ut contemsit helluo patriae? — Vcstris precibus a latrone isto repudiatis, vir incrcdibili fide — L. Ninnius ad senatunideropublica rctulit. Senatusque frequens vestom pro mca salute mutandam censuit. — Exanimatus cvolat o senatu — advocatconcionem — erraro homines, si etiam turn senatum aliquid in republica posse arbitrarentur Venisse tempus iis, qui in timore fiiissent, ulciscendi se. — L. La- miam — in coneione rolcgavit, edixitque ut ab urbe abesset milliapassuumduconta — [ProSext. 11, 1-2, l.T; it. Post Red. in Sen. 5.] Quod ante id tempus civi Romano contigit ne- mini. — Ep. Fam. xi. IC. y Cum subito cdicunt duo consules, utadsuum vestitum senatores rodirent.' — Ep. Fam. xi. 14. ^ Quid enini quisquam potest ex omni memoria sumore illustrius, quam pro uno cive et bones omnes ])rivato con- sensu, et universum senatum publico consilio mutasse vcstem ? — Ibid. 12. . " Nam prior lex nos nihil lasdebat : quam si, ut est pro- mulgata, laudare voluissemus, aut, ut erat negligenda, negligere, nocere omnino nobis non potuisset. Hie mihi primum mcum consilium defuit ; sed etiam obfuit. Caeci, caeci, inquam, fuimus in vestitu mutando, in populo rogando. Quod, nisi nominatim mecum agi coeptum esset, pemiciosurc fuit. — Me, meos meis tradidi inimicis, in- speotante ettacentete; qui, si nonplus ingenio valebas quam ego, certe timebas minus. — Ad Att. iii. 15. pers on, his head mufHed, and his breath so strong of wine, that they could hardly bear tlie scent of it : he excused his dress, and smell of wine, on the account of his ill health, for which he was obliged, he said, to take some vinous medicines ; but he kept them standing all the while in that filthy place, till they had finished their business." As soon as Cicero entered into the affair, he frankly told them that " Gabinius was so miserably poor as not to be able to show his head, and must be utterly ruined if he could not procure some rich province ; that he had hopes of one from Clodius, but despaired of anything from the senat:: ; that, for his own part it was his business to humour him on this occasion, as Cicero had humoured his colleague in his con- sulship ; and that there was no reason to implore the help of the consuls, since it was every man's duty to look to himself*;" which was all that they could get from him. Clodius, all the while, was not idle, but pushed on his law with great vigour ; and calling the people into the Flarainian circus, summoned thither also the young nobles and the knights who were so busy in Cicero's cause, to give an account of their conduct to that assembly : but as soon as they appeared, he ordered his slaves and mer- cenaries to fall upon them with drawn swords and volleys of stones in so rude a manner, that Horten- sius was almost killed, and A'ibienus, another senator, so desperately hurt, that he died soon after of his wounds •=. Here he produced the two con- suls, to deliver their sentiments to the people on the merit of Cicero's consulship ; when Gabinius declared, with great gravity, that he utterly con- demned the putting citizens to death without a trial. Piso only said, that he had always been on the merciful side, and had a great aversion to cruelty''. The reason of holding this assembly in the Flaminian circus, without the gates of Rome, was to give Csesar an opportunity of assisting at it, who, being now invested with a military com- mand, could not appear within the walls. Caesar, therefore, being called upon, after the consuls, to deliver his mind on the same question, declared, that " the proceedings against Lentulus and the rest were irregular and illegal ; but that he could not approve the design of punishing anybody for them ; that all the world knew his sense of the matter, and that he had given his vote against taking away their lives, yet he did not think it right to propound a law at this time about things that were so long past^." This answer was artful, b Egorc — Gabinium ; sine provincia stare non posse : spem habere a tribuiio plebis — a senatu quidem despcrasse : hujus te cupiditati obsequi, sieut ego fecissem in collega meo : nihil esse quod praosidium consulum implorarem ; sibi quemque consulere oportere, &c. — In Pison. 6. ' Qui adcsse nobilissimos adolescentes, honpcstissimoa cquites Romanos depreca tores mese salutisjussorit ; eosque operarum suarum gladiis et lapidibus objecerit. — Pro Sext. 12. Vidi hunc ipsum Hortensium, lumen et ornamentimi reipublicae pa?ne interfici servorum manu — qua in turba C. Vibienus, senator, vir optimus, cum hoc cum esset ima, itaest mulctatus, ut vitam amiserit. — Pro Mil. 14. '' Pressa voce et temulenta, quod in cives indemnatos esset animadversum, id sibi dixit gravis auctor vehemen- tissimc displicere. — Post Red. in Sen. 6. Cum esses interrogatus quid scntires de consulatu meo, respondes, crudelitatcm tibi non placerc. [In Pis. 6.] To ■ semper misericordem fviissc. — Post Red. in Sen. 7. ' Dio, 1. xxxviii. p. CU. MARCUS TULLIUS CICERO. 01 and agreeable to the part which he was then acting ; for while it confirmed the foundation of Clodius's law, it carried a show of moderation towards Cicero, or, as an ingenious writer expresses it, left appearances only to the one, but did real service to the other'. In this same assembly, Clodius got a new law likewise enacted, that made a great alteration in the constitution of the republic, viz. the repeal of the jElian and Fusian laws, by which the people were left at liberty to transact all public business, even on the days called fasti, without being liable to be obstructed by the magi?;trates on any pretence whatsoever E. The two laws, now repealed, had been in force about a hundred years'' ; and made it unlawful to act anything with the people, while the augurs or consuls were observing the heavens and taking the auspices. This wise constitution was the main support of the aristocratical interest, and a perpetual curb to the petulance of factious tribunes, whose chief opportunity of doing mischief lay in their power of obtruding dangerous laws upon the city, by their credit with the populace. Cicero therefore frequently laments the loss of these two laws, as fatal to the republic ; he calls them " the most sacred and salutary laws of the state, the fences of their civil peace and quiet, the very walls and bulwarks of the republic, which had held out against the fierceness of the Gracchi, the audaciousness of Saturninus, the mobs of Drusus, the bloodshed of Cinna, the arms of Sylla' ;" to be abolished at last by the violence of this worthless tribune. Pompey, v/ho had hitherto been giving Cicero the strongest assurances of his friendship, and been frequent and open in his visits to him, began now, as the plot ripened towards a crisis, to grow cool and reserved ; while the Clodian faction, fearing lest he might be induced at last to protect him, were employing all their arts " to infuse jealousies and suspicions into bim of a design against him from Cicero. They posted some of their confidants at Cicero's house, to watch bis coming thither, and to admonish him, by whispers and billets put into his hands, to be cautious of venturing himself there, and to take better care of his life ; which was inculcated to him likewise so strongly at home by perpetual letters and messages from pretended friends, that he thought fit to withdraw himself f Exil de Cicdron, p. 133. e lisdem consulibus sedentibus atque inspectantibus lata lex est, ne auspicia valerent, ne quis obnunciarct, ne quis legi intercederut ; ut omnibus fastis diebus legem ferre Uceret : ut lex .lElia, lex Fusia ne valeret. Qua una roga- tione quis non intelligat, univorsam rcmpublicara esse deletam? [ProSext. 15.] Sustullt duas leges, jEliam et Fusiam, maxiine reipublica; salutares. — De Ilarusp. Kesp. 27. The dies fasti were the days on which the courts of law vere open, and the praetors sat to hear causes, which were marked for that purpose in the calendai's : but before this Clodian law it was not allowed to transact any business upon them with the people. •> Centum prope annos legem iEliam et Fusiam tenue- ramus. — In Pison. 5. ' Deinde sanctissimas leges, jEliam et Fusiam, quse in Graochorum ferocitatc, et in audaeia Saturnini ; et in col- luvione Drusi, et in cruore Cinnano, etiani inter Syllana arma vixerunt, solus conculcaris ac pronihiloputaris. [In Vatin. !).] Propugnacula murique tranquilUtatis ct otii. •—In Pison. 4. from the city, to his house on the Alban hill''." It cannot be imagined that he could entertain any real apprehension of Cicero ; both Cicero's cha- racter and his own make that incredible : but if he had conceived any, it was not, as Cicero says, against him, but against the common enemies of them both, lest they might possibly attempt some- what in Cicero's name, and, by the opportunity of charging it upon Cicero, hope to get rid of them both at the same time. But the most probable conjecture is, that being obliged, by his engage- ments with Caesar, to desert Cicero, and suffer him to be driven out of the city, he was willing to humour these insinuations, as giving the most plausible pretext of excusing his perfidy. But Cicero had still with him not only all the best, but much the greatest part of the city, de- termined to run all hazards, and expose their lives for his safety' ; and was more than a match for all the strength of Clodius and the consuls, if the triumvirate only would stand neuter. Before things came therefore to extremity, he thought it advis- able to press Pompey in such a manner, as to know for certain what he had to expect from him : some of his chief friends undertook this task ; Lucullus, Torquatus, Lentulus, &c., who, with a numerous attendance of citizens, went to find him at his Alban villa, and to intercede with him not to desert the fortunes of his old friend. He re- ceived them civilly, though coldly ; referring them wholly to the consuls, and declaring, " that he, being only a private .nan, could not pretend to take the field against an armed tribune, without a public authority ; bit if the consuls, by a decree of the senate, woul i enter into the affair, he would presently arm hiir^self in their defence"'." With this answer they addressed themselves again to the consuls ; but w,th no better success than before. Gabinius trea'ed them rudely; but Piso calmly told them, that he was not so stout a consul as Torquatus and Cicero had been ; that there was no need of arms, or fighting ; that Cicero might save the republic a second time, if he pleased, by with- drawing himself, for if he staid it would cost an infinite quantity of civil blood ; and in short, that neither he, nor his colleague, nor his son in-law Caesar, would relinquish the party of the tribune". '' Cum iidem ilium, utmemctueret, mecaveret, monu- erunt ; iidem me, niihi ilium uni esse inimicissimum, dicercnt. — Pro Domo, 11. Quem — domi meas certi homines ad earn rem compositi nionuorunt, ut esset cautior : ejusque vitje a me insidias apud me domi positas esse dixerunt : atque hane ei suspi- cionem alii Uteris mittendis, alii nimciis, alii coram ipsi excitaverunt, ut ille, cum a me certe nihil timeret, ab illis, ne quid meo nomine molirentur, cavendum putaret. —Pro Sext. 18. 1 Si ego in causa tarn bona, tanto studio senatus, con- sensu tarn incredibili bonorum onmium, tarn parato, tota denique Italia ad omncm contentionem expedita.^Ibid. 16. "> Nonne ad te L. Lentulus, L. Torquatus, M. Lucullus venit ? Qui omnes .ad eum, multique mortales oratum in Albanum obsecratunique venerant, nemeas fortunas dese- reret, cum reipublica; fortunis conjunctas. — Secoutraar- matmn tribmium plebis sine consilio publico dccertare- nolle: consulibus ex senatus consultorempublicam defen- dentibus, se arma sumpturuni. — In Pison. 31. » Quid, infeiix, responderis ?— Te non esse tarn fortem, quam ipse Torquatus in consulatu fuisset, aut ego : nihil opus esse armis, nihil contcntione : me posse iterum rtm- publicam servare, si cessissem ; infinitani ca:deni fore, si restitissem. Deinde ad extremum, neque se, ncque gene- 92 THE HISTORY OF THE LII'L OF After this repulse, Cicero resolved to make liis last effort on Ponipey, by throwiiiij himself ia per- son at his feet. I'lutarch tells us, that Pompey slii>iu'il out at a back door, ami wouli! not see him : liut it is certain, from Cicero's account, that he was admitted to an audience; " and when he began to press and even supplicate him, in a manner the most affecting, that Pompey flatly refused to help him ; alleging in excuse of himself, the necessity which he was under of acting nothing against the will of Ciesar"." This experiment convinced Cicero that he had a much greater power to con- tend with than what had yet ajipeared in sight : he called therefore a council of his friends, with intent to take his final resolution, agreeably to their advice. The question was, whether it was best to stay and defend himself by force, or to save the effusion of blood by retreating till the storm should blow over. LucuUus advised the first ; but Cato, and above all llortensius, warmly urged the last ; which concurring also with Atticus's advice, as well as the fears and entreaties of all his own family, made him resolve to quit the field to his enemies, and submit to a voluntary exileP. A little before his retreat, he took a small statue of Minerva, which had long been reverenced in his family as a kind of tutelar deity, and carrying it to the capitol, placed it in the temple of Jupiter, under the title of IMiuerva, the guardian of the city'i. His view might possibly be to signify, that after he had done all which human prudence could contrive for the defence of the republic, he was now forced to give it up to the protection of the gods, since nothing less than the interposition of some deity could preserve it from ruin ; or rather, as he himself seems to intimate, in the uncertain issue of his flight, and the plunder of his goods which was likely to ensue, he had a mind to pre- serve this sacred image, in the most conspicuous part of the city, as a monument of his services, wliich would naturally excite an affectionate re- membrance of him in the people, by letting them see that his heart was still there, where he had deposited his gods. After this act he withdrew himself in the night, escorted by a numerous guard of friends, who, after a day's journey or two, left him, with great expressions of tenderness, to pursue his way towards Sicily ; which he proposed for the place of his residence, and where, for his eminent services to the island, he assured himself of a kind reception and safe retreat. SECTION V The wretched alternative to which Cicero was reduced, of losing either his country or his life, is sufficient to confute all the cavils of those wlao, rum, ncque collegam suum tribuno plebis defuturum. — In Pison. 31. Is, qui nos sibi quondam ad pedes stratos ne subleva- bat quidem, qui se nihil contra hujus voluntatem facere posse aiebat. — Ad Att. x 4. P Lacrymas meorum me ad mortem ire prohibuerunt. — Ibid. 4 ; Plutarcb. in Cicero. 1 Nos, qui illam custodem urbis, omnibus ereptis nostris rebus ac perditis, violari ab impiispassi non siimus, eamque ex nostra dome in ipsius patris domum detulimus. — De L^. ii. 17. from a hint or two in his writings obscurely thrown out and not well understood, are so forward to charge him with the levity of temporizing, or sell- ing himself for any bribe which could feed his vanity : for nothing is more evident than that he might not only have avoided this storm, but ob- tained whatever honours he pleased, by entering into the nuiasurcs of the triumvirate, and lending his authority to the su]i])ort of their power ; and that the only thing which provoked Csesar to bring this calamity upon him, was to see all his offers slighted, and his friendship utterly rejected by him". This he expressly declares to the senate, who were conscious of the truth of it, "that Caesar had tried all means to induce liim to take part in the acts of his consulship ; had offered him com- missions and lieutenancies of what kind and with what privileges he should desire ; to make him even a fourth in the alliance of the three, and to hold him in the same rank of friendship with Pompey himself : all which I refused (says he), not out of slight to Caesar, but constancy to my principles, and because I thought the acceptance of them unbecoming the character which I sus- tained ; how wisely I will not dispute ; but I am sure that it was firmly and bravely ; when, instead of battling the malice of my enemies, as I could easily have done by that help, I chose to suffer any violence, rather than to desert your interest, and descend from my own rank**." Caesar continued at Rome till he saw Cicero driven out of it ; but had no sooner laid down his consulship than he began to be attacked and affronted himself by two of the new preetors, L. Domitius and C. Memmius, who called in question the validity of his acts, and made several efforts in the senate to get them annulled by public authority. But the senate had no stomach to meddle with an affair so delicate ; so that the whole ended in some fruitless debates and altercations ; and Caesar, to prevent all attempts of that kind in his absence, took care always, by force of bribes, to secure the leading magistrates to his interests, and so went off to his province of Gaul'-'. But as this unex- pected opposition gave some little ruffle to the triumvirate, so it served them as an additional excuse for their behaviour towards Cicero ; alleging, that their own dangers were nearer to them than other people's, and that they were obliged for their own security not to irritate so popular a tribune as Clodius"*. * Hoc sibi contraxisse videbatur Cicero, quod inter zz. viros dividendo agro Campano esse noluissct. — Veil. Pat. ii. 45; Ad Att. ix. 2. b Consul egit eas res, quarum me participcm esse voluit. • — Jle ille ut quinqueviratum aeciperem rogavit: me in tribus sibi cunjunctissimis consularibus esse voluit ; mihi legationera, quam vellcm, quanto cum Uonore vellem, detulit. Qua; ego non ingrato animo, scd obstinatione quadam sententiae repudiari, &c. — De Prov. Cons. 17. c Functus consulatu, C. Menunio, L. Domitio praetori- bus, de supcrioris anni aciis referentibus, cognitionem senatui detulit : nee illo suscipicnte, triduoque per irritas altercationes absumpto, in provinciam abiit — ad securita- tcm igitur poster! temporis in magno negotio babuit obli- gare semper armuos magistratus, et e petitoribus non alios adjuvare, aut ad honorem pati pervenire, quam qui sibi reeepissent propugnaturos absentiam suam. — Sueton. J. Cjes. 23. J Illi autem aliquo turn timoreperterriti, quod acta ilia, atque omnes res anni superioris labefactari a praetoribus, iniirmari a senatu, atque principibus civitatis putabant, MARCUS TULLIUS CICERO. 93 As soon as it was known that Cicero was gone, Clodius filled the forum with his band of slaves and incendiaries, and published a second law to the Roman people, as he called them, though there was not one honest citizen or man of credit amongst them". The law, as we may gather from the scat- tered passages of it, was conceived in the following terms : — "Whereas, M. T. Cicero has put Roman citizens to death unheard and uncondemned ; and for that end forged the authority and decree of the senate : may it please you to ordain that he be interdicted from fire and water ; that nobody presume to har- bour or receive him, on pain of death; and that whoever shall move, speak, vote, or take any step towards recalling him, he shall be treated as a public enemy, unless those should first be recalled to life whom Cicero unlawfully put to deaths." The law was drawn by Sext. Clodius, the kinsman and prime minister of the tribune ; though Vatinius also laid some claim to it, and was the only one of senatorian rank who openly approved its. It was essentially null and invalid, both for the matter and the form : for in the first place it was not pro- perly a law, but what they called a privilege, or an act to inflict penalties on a particular citizen by name, without any previous trial, which was expressly prohibited by the most sacred and funda- mental constitutions of the republic''. Secondly, the terms of it were so absurd, that they annulled themselves ; for it enacted, not that Cicero may or should be, but that he be interdicted, — which was impossible ; since no power on earth, says Cicero, can make a thing to be done before it be done'. Thirdly, the penal clause being grounded on a suggestion notoriously false, that Cicero had forged the decrees of the senate, it could not possibly stand for want of a foundation"^. Lastly, though it provided that nobody should harbour him, yet it had not ordered him to be expelled, or enjoined him to quit the city'. It was the custom, in all tribunum popularem a sc alienare nolebant, suaque sibi propiora pericula esse, quam mea, loquebantur. — Pro Sext. 18. « Non denique suffragii latorem in ista tua proscriptione quenquam, nisi furem ac sicarium reperire potuisti. — Pro Domo, 18. * Vid. Pro Domo, 18, 19, 20 ; Post Red. in Sen. ii. 10. S Hanc tibi legem S. Clodius scripsit — homini egentis- simo ac facinorosissimo S. Clodio, socio tui sanguinis. — Hoc tu scriptore, hoc consiliario, hoc ministro — rempubli- cam pei-didisti. [Pro Domo, ii. 10, 18.] Ille unus ordinis nostri discessu meo — palam exsultavit. — Pro Sext. 04. •> Vetant leges sacratae, vetant XII. tabulse, leges piivatis hominibusirrogari. Uest eniTaprivikrjiiim. — Pro Domo, 17- * Non tulit ut interdicatursedut interdictum sit — Sexte noster, bona venia, quoniam jam dialccticus es — quod fac- tum, non est, sit factum, ferri ad populum, aut verbis nllis sanciri, aut suffragiis confirmari potest ? [Ibid. 18.] Quid si iis verbis scripta est ista proscriptio, ut se ipsa dis- Bolvat ?— Ibid. 19. N. B. The distinction here intimated between interdi- cahir, and interdictum sit, deserves the attention of all grammarians. They are commonly used indifferently, as tenns wholly equivalent ; yet according to Cicero's criti- cism, the one, we see, makes the sense absurd, where the other is just and proper. •' Est enim, quod 51. Tullius falsum senatus consultum retulerit. si igitur retulit falsum senatus consultum, turn est rogatio : si non retulit, nulla est.— Pro Domo, 19. ' Tulisti de me ne reciperer, non ut exirem — poena est, qui receperit ; quam omnes neglexerunt ; ejeetio nulla est. —Ibid. 20. laws made by the tribes, to insert the name of the tribe which was first called to vote, and of the man who first voted in it for the law, that he might be transmitted down with the law itself, as the principal espouser and promoter of it°. This honour was given to one Sedulius, a mean obscure fellow, without any settled habitation, who yet afterwards declared that he was not in Rome at the time, and knew nothing at all of the matter : which gave Cicero occasion to observe, when he was re- proaching Clodius with this act, that Sedulius might easily be the first voter, who, for want of a lodging, used to lie all night in the forum ; but it was strange, that when he was driven to the necessity of forging a leader, he should not be able to find a more reputable one". With this law against Cicero, there was another published at the same time, which, according to the stipulation already mentioned, was to be the pay and price for it ; to grant to the two consuls the provinces above specified, with a provision of whatever troops and money they thought fit°. Both the laws passed without opposition ; aix5 Clodius lost no time in putting the first of them in execution, but fell to work immediately in plunder- ing, burning, and demolishing Cicero's houses, both in the city and the country. The best part of his goods was divided between the two consuls ; the marble columns of his Palatine house were carried publicly to Piso's father-in-law, and the ricli furniture of his Tusculan villa to his neighbour Gabinius, who removed even the trees of his plan- tations into his own grounds p : and to make the loss of his house in Rome irretrievable, Clodius consecrated the area on which it stood to the per- petual service of religion, and built a temple upon it to the goddess Liberty i. While Cicero's house was in flames, the two consuls, with all their seditious crew around them, were publicly feasting and congratulating each other for their victory, and for having revenged the death of their old friends on the head of Cicero : where, in the gaiety of their hearts, Gabinius openly bragged that he had always been the fa- n> Tribus Sergia principium fuit: pro tribu, Sextus L. F. Varro primus scivit. This was the form, as appears from fragments of the old laws. — Vid. Frontin. de Aquxd. ; Fragment. Legis Thoriae, apud rei agrar. Scriptores ; Liv. ix. 38. " Sedulio principe, qui se illo die confirmat Romae non fuisse. Quod si non fuit, quid te audacius, qui in ejus no- men incideris ? Quid desperatius, qui ne cmentiendo quidem potueris auctorem adumbrare meliorem ? Sin autem is primus scivit, quod facile potuit, propter inopiam tecti in foro pemoctans. [Pro Domo, 30.] Quam Sedulius se negat scivisse. — Ibid. 31. o Ut provincias«acciperent, quas ipsi vellent : exercitum et pecuniam quantam vellent. [Pro Sext. 10. — In Pison. 16.] Illo ipso die — mihi reique publica; pernicies, Gabinio et Pisoni provincia rogata est. — Pro Sext. 24. p Uno eodemque tempore domusmea diripiebatur, arde- bat : bona ad vicinimi consulem de Palatio ; de Tusculano ad item alteriun vicinum consulem deferebantur. — Post Red. in Sen. 7. Cum domus in Palatro, villa in Tusculano. altera ad alterum consulem transferebatur, columns? marmores ex ffidibus meis, inspectanto populo Romano, ad socenmi consulis portabantur: in fundum autem vicini consulis non instrumentum, aut omamenta villx, sud etiam arbores transfcrebantur. — Pro Domo, 24. dibus, quas tu Q. Seio equito Romano— per te apertissime interfecto, tenes. — De Harusp. Respon. 14. -^ Me summa simulatione amoris, summaque assiduitate quotidiana sceleratissime, insidiosissimeque tractavit, ad- juncto etiam Arrio, quonun ego consiliis, promissis, pra:- ecptis destitutus, in banc calamitatem incidi. — Ad Quint. Frat. i. 3. >Sa!pe triduo sumnia cum gloria dicebar esse reditiurus. — Ibid. 4. y Sed si quisquam fuisset, qui me Pompeii minus libe- rali responso perterritum, a turpissimo consilio revocaret. —Ad Att. iii. 15. Miilta, quae mentem exturbarent meam : subita defectio Pompeii. — Ad Quint. Frat. i. 4. Nullum est meum peccatum, nisi quod iis credidi, a quibus nefas putaram esse me decipi, aut etiam quibus ne id expedire quidem arbitrabar. — Ibid. MARCUS TULLIUS CICERO. 95 strength against him'; and that they had already proceeded too far, to suffer him to reniaia ia the city, in defiance of them ; and if their jiower had been actually employed to drive him away, his re- turn must have been the more desperate, and they the more interested to keep him out ; so that it seems to have been his most prudent j)art, and the most agreeable to his character, to yield, as he did, to the necessity of the times. But we have a full account of the motives of his retreat, in the speeches, which he made after his return, both to the senate and the people. "When I saw the senate," says he, " deprived of its leaders ; myself partly pushed and partly be- trayed by the magistrates ; the slaves enrolled by name, under the colour of fraternities ; the remains of Catiline's forces brought again into the field, under their old chiefs ; the knights terrified with proscriptions ; the corporate towns with military execution ; and all with death and destruction ; I coidd still have defended myself by arms ; and was advised to it by many brave friends, nor did I want that same courage, which you had all seen me exert on other occasions ; but when I saw, at the same time, that, if I conquered my present enemy, there were many more behind, whom I had still to conquer ; that, if I happened to be conquered, many honest men would fall both with me and after me ; that there were people enough ready to revenge the tribune's blood, while the punishment of mine would be left to the forms of a trial and to posterity ; I resolved not to employ force in de- fending my private safety, after I had defended that of the public without it ; and was willing, that honest men should rather lament the ruin of my fortunes, than make their own desperate by adhering to me ; and if after all I had fallen alone, that would have been dishonourable to myself : if amidst the slaughter of my citizens, fatal to the republic^" In another speech — " If in so good a cause," says he, " supported with such zeal by the senate; by the concurrence of all honest men ; by the ready help of all Italy, I had given way to the rage of a despicable tribune, or feared the levity of two contemptible consuls, I must own myself to have been a coward, without heart or head — but there were other things which moved me. That fury Clodius was perpetually proclaiming in his harangues, that what he did against me was done by the authority of Pompey, Crassus, and Caesar ; that these three were his counsellors in the cabinet, his leaders in the field — one of whom had an army already in Italy, and the other two could raise one whenever they pleased. What then .•' Was it my part to regard the vain brags of an enemy, falsely thrown out against those eminent men ? No ; it was not his talking, but their silence, which shocked me ; and, though they had other reasons for hold- ing their tongues, yet to one in my circumstances their saying nothing was a declaration ; their silence a confession : they had cause indeed to be alarmed on their own account, lest their acts of the year before should be annulled by the praetors and the senate ; many people ako were instilling jealousies of me into Pompey, and perpetually admonishing him to beware of me ; and as for Csesar. whom some imagined to be angry with me, » Post Red. in Sen. ]3, 14. he was at the gates of the city with an army, the command of which he had given to Aj)pius, my enemy's brother. When I saw all this, which was open and manifest to everybody, what could I do ? When Clodius declared in a public speech, that I must either conquer twice, or perish ; so that neither my victory nor my fall would have restored the peace of the repubUc"." Clodius, having satiated his revenge upon Cicero, proposed another law, not less violent and unjust, against Ptolemy, king of Cyprus, to deprive hira of his kingdom, and reduce it to a Roman province, and confiscate his w'hole estate. This prince was brother to the king of Egypt, and reigning by the same right of hereditary succession, in full peace and amity with Rome ; accused of no practice* nor suspected of any atsigns ag&inst the republic, whose only crime was to be rjrh and lovetous ; so that the law was an unparalleled act of injustice, and what Cicero, in a public speech, did rot scruple to call a mere robbery''. But Clodius had an old grudge to the king, for refusing to ransom him, when he was taken by the pirates ; and sending him only tlie contemptible sum of two talents'". And what, says Cicero, must other kings think of their security, to see their crowns and fortunes at the disposal of a tribune, and six hundred mercena- ries '' ? The law passed however without any opposition ; and to sanctify it, as it were, and give it the better face and colour of justice, Cato was charged with the execution of it ; which gave Clodius a double pleasure, by imposing so shame- ful a task upon the gravest man in Rome. It was a part likewise of the same law, as well as of Cato's commission, to restore certain exUes of Byzantium, whom their city had driven out for crimes against the public peace ^. The engaging Cato in such dirty work was a masterpiece, and served many purposes of great use to Clodius : first, to get rid of a troublesome adversary for the remainder of his magistracy : secondly, to fix a blot on Cato himself, and show, that the most rigid pretenders to virtue might be caught by a proper bait : thirdly, to stop his mouth for the future, as he openly bragged, from clamouring against extraordinary commissions : fourthly, to oblige him, above all, to acknowledge the validity of his acts, by his sub- mitting to bear a part in them'. The tribune had » Pro Sext. 16, 18, 19. b Qui cum lege nefaria PtolemEeuin, regem Cj-pri, fra- trem regis Alexandrini, eodeni jure regnantem, cauaa incognita, publicasses, populumque Romaniun scelero obligasses : cum in ejus regnum, bona, fortunas, iatroci- nium hujus imperii immisisses, cujus cum patre, avo, majoribus, societasnobis et aniicitia fuisset. — Pro Domo, 8. Rex amicus, nulla injuria commemorata, nullis repe- titis rebus, cum bonis omnibus publicaretur. [Pro Sext. 26.] De quo nulla unquam suspicio durior. — Ibid. 27. c Dio, xxsviii. p. 78; Appian. I. ii. 441. '' En ! cur ca?teri reges stabilem esse fortimam suam arbitrentur, cuui — videant, per tribunum aliquem et sex- centas operas se fortunis spoliari, et regno omni posse nudi'.ri ? — Pro Sext. 27. <= IIujus pecunije dcportandrp, et si quis suum jus defen- deret, belle gerendo Catoncm pra'fecisti. — Pro DOBio, 8. At etiam eo negotio M. Catonis splcndorem maculare voluerunt. — Pro Sext. 28. Tu una lege tulisti, ut Cj-prius rex — ciun bonis omnibus sub prscone subjiceretur, et exules Byzantium reduco- rentur. Eidem, inquit, utraque de re negotium dedi.— Pro Domo, 20. f Sub honorificentissimo ministerii tltulo M. Catonem a 96 Till; HISTORY OF THE Lft'E OF the satisfaction to see Cato taken in liis trap ; and reioived a congratulatory letter upon it from Cresar, addressed to him in the familiar style of Ca;srir to Clodius, which he read publicly to the peojilc, as a proof of the singular intimacy between themB. King Ptolemy, in the mean while, as soon as he heard of the law, and of Cato's approach towards Cyprus, j)ut an end to his life by poison, unable to bear the disgrace of losing at once both his crown and his wealth. Cato executed his com- mission with great fidelity ; and returned the year following in a kind of triumjih to Rome, with all the king's effects reduced into money, amounting to about a million and a half sterling, which he delivered with great pomp into the public trea- sury ''. This proceeding was severely condemned by Cicero, though he touches it in his public speeches with some tenderness for the sake of Cato, whom he labours to clear from any share of the iniquity. " The commission," says he, " was contrived, not to adorn, but to banish Cato ; not offered, but imposed iipon him. Why did lie then obey it ? Just as he has sworn to obey other laws, which he knew to be unjust, that he might not expose him- self to the fury of his enemies, and withoutdoing any good, deprive the republic of such a citizen. If he had not submitted to the law, he could not have hindered it ; the stain of it would still have stuck upon the republic, and he himself suffered violence for rejecting it, since it would have been a pre- cedent for invalidating all the other acts of that year : he considered, therefore, that since the scandal of it could not be avoided, he was the person the best qualified to draw good out of evil, and to serve his country well, though in a bad cause'." But howsoever this may colour, it can- not justify Cato's conduct, who valued himself highly upon his Cyprian transactions, and for the sake of that commission was drawn in, as Clodius expected, to support the authority from which it flowed, and to maintain the legaUty of Clodius's tribunate, in some warm debates even with Cicero himself''. Among the other laws made by Clodius, there was one likewise to give relief to the private mem- bers of corporate towns, against the public injuries of their communities. The purpose of it was specious, but the real design, to screen a creature of his own, one Merula, of Anagnia, who had been punished or driven from his city for some notorious villanies, and who, in return for this service, erected a statue to his patron, on part of the area of Cicero's house, and inscribed it to Clodius, the author of so excellent a law. But as republica relegavit. [Veil. Pat. il. 45.] Non illi omandum M. Catonem, sod relegandum putaverunt : qui in eoncione palam dixerint, linfriiam se evellisse C'atoni, qua; semper contra extraordinarias potestates libera fuisset. — Quod si ille repudiassot, dubitatis quin ci vis csset allata, cum omnia acta illius anni per ilium unum labefactari vide- rentur ?— Pro Sest. 28, 29. Gratiilari tibi, quod idem in posterum M. Catonem, tribimatu tuo removisses.— Pro Domo, !). g Literas in condone recitasti, quas tibi a C. Caesare missas esse diceres. C.'esar Pclchro. Cum etiam es argu- mentatus, amoris esse hoc signum, cum nominibus tantum uterctur. — Ibid. •> Plutarch, in Catone; Flor. iii. 9. * Pro Sext. 28, 29. ^ Plutarch, in Catone; Dio, 1. xxxis. 100, Cicero told him afterwards in one of his speeches, the i)lace itself where the statue stood, the scene of so memorable an injury, confuted both the excel- lency of the law and the inscri])ti()n'. But it is time for us to look after Cicero in his flight, who left Rome about the end of March ; for on the eighth of April wc find him at Vibo, a town in tlie most southern part of Italy, where he spent several days with a friend named Sica. Here he received the copy of the law made against him, which after some alteration and correction fixed the limits of his exile to the distance of four hundred miles from Italy'". His thoughts had hitherto been wholly bent on Sicily ; but when he was arrived in sight of it, tlie praetor, C. Virgilius, sent him word that he must not set liis foot in it. This was a cruel shock to him, and the first taste of the misery of disgrace — that an old friend, who had been highly obliged to him", of the same party and principles, should refuse him shelter in a calamity which he had drawn upon himself by his services to the republic. Speaking of it after- wards, when it was not his business to treat it severely, " See," says he, " the horror of these times ; when all Sicily was coming out to meet me, the praetor, who had often felt the rage of the same tribune, and in the same cause, would not suffer me to come into the island. "What shall I say ? That Virgilius, such a citizen, and such a man, had lost all benevolence, all i-emembrance of our common sufferings, all his piety, humanity, and faith towards me ? No such thing : he was afraid how he should singly sustain the weight of that storm which had overpowered our joint forces"." This unexpected repulse from Sicily obliged him to change his route, and turn back again towards Brundisium, in order to pass into Greece : he left Vibo, tlierefore, that he might not expose his host Sica to any danger for entertaining him ; expect-- ing to find no quiet till he could remove himself beyond the bounds prescribed by the law. But in this he found himself mistaken, for all the towns on his road received him with the most public marks of respect : inviting him to take up his quarters with them, and guarding him as he passed through their territories with all imaginable hon- our and safety to his person. He avoided however as much as possible all public places ; and when he came to Brundisium, would not enter into the city, though it expressed the warmest zeal for his ' Legem de injuriis publicis tulisti, Anagnino nescio cui Merulae per gratiam, qui tibi ob eam legem statuam tibi in meis aedibus posuit ; ut locus ipse in tua tanta injuria legem et inscriptionem statuac refclleret. Qux res Anag- ninis multo majori dolori fuit, quam quae idem ille gladia- tor scelera Anagniae fecerat. — Pro Domo, 30. m Allata est nobis rogatio de pernicie mea, in qua quod correctum est, audicramus esse cjusmodi, ut mihi ultra quadringenta millia liceret esse — statim iter Brundisium versus contuli — ne et Sica, apud quern eram, periret. — Ad Alt. iii. 4. " Plutarch, in Cic. o Siciliam petivi animo, quae et ipsa erat mihi, sicut domus una, conjuncta; et obtinebatur a Virgilio : quocum me uno vel maxime tum vetusta amicitia, tum mei fratris collegia, tum respublica sociarat. Vide nunc caligiiiem temporum illorum. Cum ipsa pa?ne insula mihi sese obviam ferre vellet, praetor ille ojiisdcm tribuni plebis concionibus propter eandem reipublicac tausam saepe vexatus, nihil amplius dico, nisi nic in Siciliam venire noluit, &c. — Pro Cn. Plane. 40. MARCUS TULLIUS CICERO. 97 service, and offered to run all hazards in his de- fence p. In this interval, he was pressing Atticus in every letter, and in the most moving terms, to come to him ; and when he removed from Vibo, gave him daily intelligence of all his stages, that he might still know where to find him, taking it for granted that he would not fail to follow him*!. But Atticus seems to have given him no answer on this head, nor to have had any thoughts of stirring from Rome. He was persuaded, perhaps, that his com- pany abroad could be of no other use to him than to give some little relief to his present chagrin ; whereas his continuance in the city might be of the greatest, not only in relieving, but removing his calamity, and procuring his restoration : or we may imagine, what his character seems to suggest, that though he had a greater love for Cicero than for any man, yet it was always with an exception of not involving himself in the dis- tress of his friend, or disturbing the tranquillity of his life by taking any share of another's misery ; and that he was following only the dic- tates of his temper and principles in sparing him- self a trouble which would have made him suffer more than his philosophy could easily bear. But whatever was the cause, it gave a fresh mortifica- tion to Cicero, who, in a letter upon it, says, " I made no doubt but that I should see you at Taren- tum or Brundisium : it would have been convenient for many reasons ; and above all, for my design of spending some time with you in Epirus, and re- gulating all my measures by your advice : but since it has not hapjiened as I wished, I shall add this also to the great number of my other afflictions'"." He was now lodged in the villa of M. Lenius Flaccus, not far from the walls of Brundisium, where he arrived on the seventeenth of April, and on the last of the same month embarked for Dyrrhachium. In his account of himself to his wife — " I spent thirteen days," says he, " with Flaccus, who for my sake slighted the risk of his fortunes and life ; nor was deterred by the penalty of the law from performing towards me all the rights of friendship and hospitality : I wish that it may ever be in my power to make him a proper return ; I am sure that I shall always think myself obliged to do it^." During his stay with Flaccus, he was in no small perplexity about the choice of a convenient place P Cum omnia ilia municipia, qua? sunt a Vibonc Bnm- disium, in fide niea essent, iter mihi tutum, multis mini- tantibus, magno cum suo metu prfestitcrunt. Brundisium veni, vel potius ad mcenia accessi. Urbem unam mihi amicissimam declinavi, quae sevel potius exscindi.quame sno complexii ut eriperer facile pateretur. — ProPlancio,41. "J Sed te ore, ut ad me Vibonem statim vcnias. — Si id non feoeris niirabor, sed confido te esse facturum. — Ad Att. iii. 1. Nunc, ut ad te antea scrips!, si ad nos veneris, consilium totius rei capiemus. — Ibid. 2. Iter Brundisium versus contuli — nunc tu propera, ut nos consequare, si modo recipiemur. Adhuc invitamur benicme. — Ibid. 3. Nihil mihi optatius cadere posse, quam ut tu me quam primum consequare. — Ibid. 4. ' Non fuerat mihi dubium, quin te Tarenti aut Brun- dSsil visurus essem : idquc ad multa pertinuit ; in eis, et ut in Epiro consisteremus, et de reliquis rebus tuo consilio nteremur. Quoniam id non contigit, erit hoc quoque in magno numero nostrorum malorum. — Ibid. 6. • tn hortos M. Lenii Flacci me contuli : cui cum omnis mwus, publicatio bonoruni, esilium, mors proponeretur. for his residence abroad : Atticus offered him his house in Epirus ; which was a castle of some strength, and likely to afford him a secure retreat. But since Atticus could not attend him thither in person, he dropi)ed all tlioughts of that, and was inclined to go to Athens ; till he was informed, that it would be dangerous for him to travel into that part of Greece ; where all those who had been banished for Catiline's conspiracy, and especially Autronius, then resided ; who would have had some comfort in their exile to revenge themselves on the author of their misery, if they could have caught him'. Plutarch tells us, that in sailing out of Brundi- sium, the wind, which was fair, changed of a sudden, and drove him back again; and when he passed over to Dyrrhachium in the second attempt, that there happened an earthquake and a great storm, immediately after his landing ; from which the soothsayers foretold, that his stay abroad would not be long. But it is strange, that a writer so fond of prodigies, which nobody else takes notice of, should omit the story of Cicero's dream, which was more to his purpose, and is related by Cicero himself: " That in one of the stages of his flight, being lodged in the villa of a friend, after he had lain restless and wakeful a great part of the night, he fell into a sound sleep near break of day, and when he awaked about eight in the morning, told his dream to those round him : That as he seemed to be wandering disconsolate in a lonely place, C. Marius, with his fasces wreathed with laurel, ac- costed him, and demanded, why he was so melan- choly : and when he answered, that he was driven out of his country by violence ; Marius took him by the hand, and bidding him be of courage, ordered the next lictor to conduct him into his monument ; telling him, that there he should find safety : upon this, the company presently cried out, that he would have a quick and glorious return"." All which was exactly fulfilled; for his restoration was decreed in a certain temple built by Marius, and for that reason called Marius's Monument ; where the senate happened to be assembled on that oc- casion ^. This dream was much talked of in the family, and Cicero himself, in that season of his dejection, seemed to be pleased with it ; and on the first news of the decree's passing in Marius's monu- ment, declared, that nothing could be more divine ; yet in disputing afterwards on the nature of dreams, hsDc perpeti, si acciderent, nialuit, quam custodiam mei capitis dimittere. — Pro Plancio, 41. Nos Brundisii apud M. Lenium Flaccum dies xiir. fuimus, virum optimum : qui periculum fortunarum et capitis sui prse mea salute neglexit : neque legis improbis- simje poena deductus est, quo minus hospitii et amicitia; jus, otBciamque prasstaret. Huic utinam gratiam ali- (juando referre possimus; habebimus quidem semper.— Ep. Fam. xiv. 4. t Quod me rogas et hortaris, ut apud te in Epiro sim ; voluntas tua mihi valde grata est. — Sed itineris causa ut diverterem, primum est devium ; deinde ab Autronio et ca-teris quatridui ; deinde sine te. Nam castoUum muni- tum habitanti mihi prodesset, transeunti non est necessa- rium. Quod si auderem, Athcnas peterem : sane it.a cadebat ut vellem. Nunc et nostri hostes ibi sunt, et to non habemus.— Ad Att. iii. 7. « De Divin. i. 28 ; Val. Max. i. 7- 3c Valerius Maximus calls this monument of Marius the temple of Jupiter ; but it appears from Cicero's account to have been the temple of Honour and Virtue. H 98 THH HISTORY OF THE LIFE OK he asserts them all to he vain and fantastical, and nothing else hut the imperfect traces and confused impressions wliich our wakini? tlioughts leave ui)on the mind ; that, in his flight tliereforc, as it was natural for him to think much ujion his countryman Marius, who had suilcred tlie same calamity ; so that was the cause of his dreaming of him ; and that no old woman could he so silly, as to give any credit to dreams, if in the infinite number and variety of them they did not sometimes happen to hit rights. When he came to nyrrhachium, he found con- firmed, what he had heard before in Italy, that Achaia and the neighbouring parts of Greece were possessed by those rebels who had been driven from Rome on Catiline's account. This deter- mined him to go into Macedonia, before they could be informed of his arrival, where his friend, Cn. Plancius, was then quajstor ; who no sooner heard of his landing, than he came to find him at Dyr- rhachium ; where, out of regard to his present circumstances, and the privacy which he affected, dismissing his officers, and laying aside all the pomp of magistracy, he conducted him with the observance of a private companion to his head- quarters at Thessalonica, about the twenty-first of May. L. Appuleius was the j)rfetor or chief governor of the province : but though he was aa honest man and Cicero's friend, yet he durst not venture to grant him his protection, or show him any public civility, but contented himself with conniving only at what his quaestor Plancius did^ While Cieero staid at Dyrrhachium, he received two expresses from his brother Quintus, who was now coming home from Asia, to inform him of his intended route, and to settle the place of their meeting : Quintus's design was, to pass from Ephe- sus to Athens, and thence by land through Mace- donia ; and to have an interview with his brother at Thessalonica : but the news which he met with at Athens obliged him to hasten his journey to- wards Rome, where the faction were preparing to receive him with an impeachment, for the mal- administration of his province ; nor had Cicero at last resolution enough to see him ; being unable to bear the tenderness of such a meeting, and much more the misery of parting ; and he was appre- hensive, besides, that if they once met, they should not be able to part at all, whilst Quintus's presence at home was necessary to their common interests : so' that to avoid one affliction, he was forced (he y Maximeque reliquiae earum rerura moventiir in animis, et agitantur, de quibus vigilantes aut cogitavimus aut egimus. Ut mihi temporibus illis multum in animo Marius versabatur, recordanti, quam ille gravem suum ecsum magno animo, quam constanti tulisset. Hanc credo c5,-isam dc illo somniandi fuisse. — De Divin. ii. 67. An tu censes uUam anum tarn deliram futuram fuisse, ut somniis crederet, nisi ista casu nonnunquam forte temere concurrorent ? — Ibid. 68. " () ' I o cimi venissem cognovi, id quod audierara, refertam esse (JiiEciam sceleratissimorum liominum ac nefariorum. — Qui antequam de meo adventu audire potuissent, in Macedoniam ad Planciumque perrexi nam simul ac me Dyrrhachium attigisse audivit, statim ad me liotoribus dimissis, insignibus abjectis, veste mutata profectus est.— Thessalonicam me in qugestoriumquo perduxit. — Pro Plancio, 41 ; Post Red. in Sen. 14. Hie ego nunc de prretore Macedonije nihil dicam amplius, nisi eum etcivem optimum semper et mihi amicumfiiis.'-e. Bed eadem timuisse quae casteros.— Pro Plancio, ibid. says) to endure another most cruel one, that of shunning the embraces of a brother". L. Tubero, however, his kinsman, and one of his brother's lieutenants, ])aid him a visit on his return towards Italy, and ac(|uainled him with what he had learned in passing through Greece, that the banished conspirators who resided there were actually forming a plot to seize and murder him ; for which reason he advised him to go into Asia ; where the zeal and affection of the province would afford him the safest retreat, both on his own and his brother's account'*. Cicero was dis- posed to follow this advice and leave Macedonia ; for the pra;tor Appuleius, though a friend, gave him no encouragement to stay ; and the consul Piso, his enemy, was coming to the command of it the next winter: but all his friends at Rome dissuaded his removal to any place more distant from them; and Plancius treated him so affection- ately, and contrived to make all things so easy to him, that he dropped the thoughts of changing his quarters. Plancius was in lioj)es that Cicero would be recalled with the expiration of his quse- storship, and that he should have the honour of returning with him to Rome, to reap the fruit of his fidelity, not only from Cicero's gratitude, but the favour of the senate and people*-'. The only inconvenience that Cicero found in his present situation, was the number of soldiers and concourse of people, who frequented the place on account of business with the quajstor. For he was so shocked and dejected by his misfortune, that, though the cities of Greece were offering their services and compliments, and striving to do him all imaginable honours'^, yet he refused to see all company, and was so shy of the public, that he could hardly endure the light ^. For it cannot be denied, that, in this calamity of his exile, he did not behave himself with that firm- ness which might reasonably be expected from O'le who had borne so glm-ious apart in the re- public ; conscious of his integrity, and suffering in the cause of his country : for his letters are gene- rally filled with such lamentable expressions of grief and despair, that his best friends, and even a Quintus frater cum ex Asia venisset ante kalend. Mai. et Athenas venisset idib. valde fuit ei properandum, ne quid absens acciperet calamitatis, si quis forte fuisset, qui contentus nostris malis non csset. Itaque eum malui properare Romam, quam ad me venire: et simul, dicam enim quod verum est, — animum inducere non potui, ut aut ilium amantissimum mei, moUissimo animo tanto in moerore aspicercm — atque etiam illud timebam, quod profecto aecidisset, ne a nie digredi non posset. — Hujus aeerbitatis eventum altera acerbitate non videndi fratris vitavi. — Ad Att. iii. 9 ; Ad Quint. Frat. i. 3. b Cum ad me L. Tubero, raeus necessarius, qui fratri meo legatus fuisset, decedens ex Asia venisset, easque insidias, quas mihi paratas ab exulibus conjuratia audierat, animo amicissimo detulisset. In Asiam me ire, propter ejus provinciiE mecum et cum frati'e meo necessi- tudinem. — Pro Plancio, 41. c Plancius, homo officiosissimus, me cupit esse seeum et adhuc retinef^ — sperat posse fieri, ut mecum in Italiam decedat. — Ep. Fam. xiv. 1. Longius, quum ita vobis placet, non discedam. — Ibid. 2. Me adhuc Plancius liberalitate sua retinet — spes homini est injecta, non eadem, quse mihi-, posse nos una decedere: quan^ rem sibi magno honori sperat fore. — Ad Att. iii. 22. 'I Plutarch, in Cic. <= Odi enim cclebritatem, fugio homines, lucem aspicero vix possum. — Ad Att. iii. 7- MARCUS TULLIUS CICERO. 99 his wife, was forced to admonislihim sometimes, to rouse his courage', and remember his former cha- racter. Atticus was constantly putting him in mind of it ; and sent him word of a report, that was brought to Rome by one of Crassus's freed- men, lliat his affliction had disordered his senses : to which he answered, that his mind was still sound, and wished only that it had been always so, when he placed his confidence on those who per- fidiously abused it to his ruin^. But these remonstrances did not please him ; he thought them unkind and unseasonable, as he in- timates in several of his letters, where he expresses himself very movingly on this subject. " As to your chiding me (says he) so often and so severely, for being too much dejected ; what misery is there, I pray you, so grievous, which I do not feel in my present calamity .' Did any man ever fall from such a height of dignity, in so good a cause, with the advantage of such talents, experience, interest ; such support of all honest men ? Is it possible for me to forget what I was ? Or not to feel what I am ? From what honour, what glory 1 am driven .' From what children .' What for- tunes ? What a brother? Whom, though I love and have ever loved better than myself, yet (that you may perceive what a new sort of affliction I suffer) I refused to see ; that I might neither aug- ment my own grief by the sight of his, nor ofier myself to him thus ruined, whom he had left so flourishing : I omit many other things intolerable to me : for I am hindered by my tears : tell me then, wliether I am still to be reproached for grieving ; or for suffering myself rather to be de- prived of what I ought never to have parted with but with my life ; which I might easily have pre- vented, if some perfidious friends had not urged me to my ruin within my own walls," &c.'* In •another leiter ; " Continue (says he) to assist me, as you do, with your endeavours, your advice, and your interest ; but spare yourself the pains of com- forting, and much more of chiding me : for when ■you do this, I cannot help charging it to your want -of love and concern for me ; whom I imagine to be so afflicted with my misfortune, as to be incon- solable even yourself'." He was now indeed attacked in his weakest part ; the only place in which he was vulnerable : to have been as great in affliction as he was in prosperity, would have been a perfection not given to man : yet this very weakness flowed from a source which rendered him the more amiable in all the other parts of life ; and the same tenderness of disposi- tion which made him love his friends, his children, his country, more passionately than other men, ' Tu quod me hortaris, ut animo sim magno, &c. — ^Ep. Faui. xiv. 14. s Nam quod scribis te audire, me etiavn mentis errore ex dolore affici : niihi vero mens Integra est, atque utinam tarn in periculo fuisset, cum ego iis, quibiis saluteni meani •carissiniam esse arbitrahar, inimicissimis, crudelissimis- que usus sum.— Ad Att. iii. 13. Accepi quatuor epistolas a te missas; unam, qua me objurgas, ut sim firmior ; alteram, qua Crassi libertum ais tibi de mea sollicitudine macieque narrassc. — Ibid. 15. h Ad Att. iii. 10. ' Tu me, ut facis, opera, consilio, gratia juva: consolarl jamdesine: objurgare vero noli: quod cum facis, ego tuuni amorem et dcloreui dcsidero ; quern ita afl'ectum luca aerumna esse arbitror, ut te ipsum nemo cousolari potc&t. — Ibid. 11. made him feel the loss of them more sensibly : " 1 have twice (says he) saved the republic ; once with glory ; a second time with misery : for I will never deny myself to be a man ; or brag of bearing the loss of a brother, children, wife, country, with- out sorrow For what thanks had been due to me for quitting what I did not value'' ?" In another s])eech : " I own my grief to hs^ve been extremely great; nor do I pretend to that wisdom, which those expected from me, who gave out, that I was too much broken by my affliction : for such a hard- ness of mind, as of body, which does not feel pain, is a stupidity, rather than a virtue. — I am not one of those to whom all things are indifferent ; but love myself and my friends as our common huma- nity requires ; and he who, for the public good, parts with what he holds the dearest, gives the highest proof of love to his country'." There was another consideration which added no small sting to his affliction ; to reflect, as he often does, not only on what he had lost, but how he had lost it, by his own fault ; in suffering him- self to be imposed upon and deluded by false and envious friends. This he frequently touches upon in a strain which shows that it galled him very severely: "Though my grief (says he) is incre- dible, yet I am not disturbed so much by the misery of what I feel, as the recollection of my fault, — Wherefore, when you hear how much I am afflicted, imagine that I am suffering the punishment of my folly, not of the event ; for having trusted too much to one whom I did not take to be a rascal™." It must needs be cruelly mortifying to one of his temper ; nicely tender of his reputation, and pas- sionately fond of glory ; to impute his calamity to his own blunders, and fancy himself the dupe of men not so wise as himself : yet after all, it may reasonably be questioned, whether his inquietude of this sort, was not owing rather to the jealous and querulous nature of affliction itself, than to any real foundation of truth : for Atticus would never allow his suspicions to be just, not even against Hortensius, where they seem to lie the heaviest". This is the substance of what Cicero himself says, ^ Unus bis rempublieam servavi, semel gloria, iterum aerumna mea. Neque enini in hoc me hominem esse infi- ciabor unquam ; ut me optimo fratre, carissiniis liberis, fidelissima conjuge, vestro conspectu, patria, hoc honoris gradu sine dolore caruisse glorier. Quod sifecissem, quod a me benefieium haberetis, cum pro vobis ea, qua; mihi essent yilia, reliquissem. — Pro Sext. 22. ' Accepi magnum atque incredibilemdolorem: nnnnego: neque istam mihi aseisco sapientiam, quam nonnulli in me requlrebant, qui me animo nimis fracto et afflieto esse loquebantur— eamque anlmi duritiem, sicut corporis, quod cum uritur non sentit, stuporeni potius, quam virtutem putarem— non tarn sapiens quam ii, qui nihil curant, ssd tarn amans tuorum ac tui, quam communis humanitas postulat — qui autem ea relinquit reipublicrecausa, a qui- bus summo cum dolore divellitur ei patria cara est.— Pro Bomo, 36, 37. ■" Etsi ineredibili calamitate afflietus sum, tanicn non tarn est ex miseria, quam ex culpie nostrae recqrdatinne — quare cum me afflictum et confeotum luctu audies, exis- timato me stultitiie mea; poenam ferre gravius, quam event! ; quod ei crediderim, quern nefarium esse non piita- rim.— Ad Att. iii. 8 ; vide 0, 14, 15, 19, &.O. " Nam quod purgas eos, quos ego mihi scrips! invidisse, et ineisCatonem: ego vero tantum ilhnu puto a scelere isto af uisse, utmaxime dolcam plus apud me simulationeni aliorum, quam istius fidemvaluisse. Cieteri, quos purgas, debent mihi purgati esse, tibi si sunt.— tbid. 15. H 2 100 THE HISTORY OF THK LIFE OF to excuse the excess of his grief; and the only ex- cuse indeed which can be made tor him ; that lie did not pretend to be a stoic, nor asjjire to tlie character of a liero : yet we see some writers la- bouring to defend him even against himself ; and endeavouring to persuade us, that all this air of dejection and desjiair was wholly feigned and as- sumed, for the sake of moving compassion, and engaging liis friends to exert themselves the more warmly in soliciting his restoration ; lest his afflic- tion should destroy him before they could effect it". When he had been gone a little more than two months, his friend Ninnius, the tribune, made a motion in the senate to recal him, and repeal the law of Clodius ; to which the whole house readily agreed, with eight of the tribunes, till one of the other two, /Elius Ligus, interposed his negative : they proceeded however to a resolution, that no other business should be transacted, till the consuls had actually prepared a new law for that purpose''. About the same time, Quintus Cicero, who left Asia on the first of May, arrived at Rome ; and was received with great demonstrations of respect, by persons of all ranks, who flocked out to meet himi. Cicero suffered an additional anxiety on his account, lest the Clodian cabal, by means of the impeachment, which they threatened, should be able to expel him too : especially since Clodius's brother Appius was the praetor whose lot it was to sit on those trials ^ But Clodius was now losing ground apace ; being grown so insolent on his late success, that even his friends could not bear him any longer : for having banished Cicero, and sent Cato out of his way, he began to fancy himself a match for Pompey ; by whose help, or connivance at least, he had acquired all his power ; and, in open defiance of him, seized by stratagem into his hands the son of king Tigranes, whom Pompey had brought with him from the East, and kept a prisoner at Rome, in the custody of Flavius the praetor ; and instead of delivering him up, when Pompey demanded him, undertook, for a large sum of money, to give him his liberty and send him home. This however did not pass with- out 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 Pa- pirius, a Roman knight of Pompey's intimate acquaintance, while Flavius also himself had some difficulty to escape with life^" Absens potius se dolere simulavit, ut suos, quod dixi- mus, magis commoveret : et praesens item se doluisse simulavit, ut vir prudentissimus, scenae, quod aiunt, ser- viret. — Corradi Questura, p. 291. V Decrovit sonatus frequens de meo reditu Kal. Jun. dissentiente nullo, referento L. Ninnio — intercessit Ligus istenescioqui, additamentum inimicorum meorum. — Om- nia senatus rejiciebat, nisi de me piimum consules retu- lissent. — Pro Sext. 31. Non multo post discessuni meuni me universi revoea- vistis referente L. Ninnio. — Post Red. in Sen. 2. 1 Huic ad urbem venienti tota obviani civitas cum lacrymis, gemituque processcrat. — Pro Sext. 31. r Mihi etiam unum de malis in metu est, fratris miseri negotium.' — Ad Att. iii. 8. De Quinto fratre nuntii nobis tristes— sane sum in meo infinito moerore soUicitus, et eo magis, quod Appii quaestio sst Ibid. 17. » Me expulso, Catone amandato, in eum ipsum se eon- vertit, quo auctore, quo adjutore, in concionibus ea, quae This affront roused Pompey to think of recalling^ Cicero ; as well to correct the arrogance of Clodius, as to retrieve his credit, and ingratiate himself with 1 the senate and people : he dropped some hints of • his inclination to Cicero's friends, and particularly to Atticus, who presently gave him part of the agreeable news : upon which, Cicero, though he- had no ojjinion of Pompey's sincerity, was encou- raged to write to him ; and sent a copy of his letter to Atticus, telling him at the same time, that if Pomjjey could digest the affront, which he had received in the case of Tigranes, he should despair of his being moved by anything'. Varro likewise, who had a particular intimacy with Pompey, desired Atticus to let Cicero know, that Pom])cy would certainly enter into his cause as soon as he heard from Caesar, which he expected to do every day. This intelligence, from so good an author, raised Cicero's hopes, till finding no effects of it for a considerable time, he began to apprehend, that there was either nothing at all in^ it, or that Caesar's answer was averse, and had put an end to it". The fact however shows what aa extraordinary deference Pompey paid to Caesar, that he would not take a step in this affair at Rome, without sending first to Gaul, to consult him about it. The city was alarmed at the same time by the rumour of a second plot against Pompey's life, said to be contrived by Clodius ; one of whose slaves was seized at the door of the senate with a dagger, which his master had given him, as he confessed, to stab Pompey : which, being accompanied with many daring attacks on Pompey's person by Clo- dius's mob, made him resolve to retire from the senate and the forum, till Clodius was out of his tribunate, and shut himself up in his own house, whither he was still pursued, and actually besieged by one of Clodius's freedmen, Damio. An outrage so audacious could not be overlooked by the ma- gistrates, who came out with all their forces to seize or drive away Damio ; upon which a general en- gagement ensued, where Gabinius (as Cicero says) " was forced to break his league with Clodius, and gerebat, omnia, qiiacque gesserat, se fecisse et facere dicebat; Cn. Pompelum — diutius furori suo veniam daturum non arbitrabatur. Qui ex ejus custodia per insidias regia amici fillum, hostem captivum surripuisset ; et ea injuria virum fortissimum laccssisset. Spcravit iisdem se copiia cum illo posse confligere, quibuscuni ego noluissem bono- rum periculo dimicare.' — Pro Domo, 25. Ad quartum ab urbo lapidem pugna facta est : in qua multi ex utraque parte ceciderunt ; plures tamen ex Flavii, inter quos M. Papirius, eques Romanus, publi- canus, familiaris Pompeio. Flavius sine comite.Romam- vix perfugit. — Ascon. in Milon. 14. ' Sermoneni tuum et Pompeii cognovi ex tuis Uteris. Motum in republica non tantum impendore video, quan- tum tu aut vides, aut ad me consolandum affers. — Tigrane enini neglecto sublata sunt omnia. — Literarum esemplum,. quas ad Pompeium scripsi, misi tibi. — Ad Att. iii. 8. Pompeium etiam simulatorem puto. — Ad Quint. Frat. i. 3. Ex Uteris tuis plenus sum expectatione de Pompeio, quidnam de nobis velit, aut ostendat. — Si tibi stultus esse videor, qui sperem, facio tuo jussu. — Ad Att. iii. 14. " Expectationem nobis non parvam attuleras, cum scripseras Varronem tibi pro amicitia confirmasse, causam nostram Pompeium certe suscepturum ; et simul a Caesare literae, quas expcctaret, remissa; essent, auctorem etiam daturum. ITtrum id nihil fuit, an advcrsatae sunt CaesariS' ■ liters; ?— Ibid. 18. MARCUS TULLIUS CICERO. 101 fight for Pompey ; at first faintly and unwillingly, but at last heartily ; while Piso, more religious, stood firm to his contract, and fought on Clodius' side, till his fasces were broken, and he himself •wounded, and forced to run away^." Whetlier any design was really formed against Pompey's life, or the story was contrived to serve his present views, it seems probable at least that his fears were feigned, and the danger too con- temptible to give him any just apprehension ; but the shutting himself up at home made an impres- sion upon the vulgar, and furnished a better pre- tence for turning so quick upon Clodius, and quelling that insolence which he himself had raised : for this was the constant tenor of his politics, to give a free course to the public dis- orders, for the sake of displaying his own import- ance to more advantage ; thatwhen the storm was at the height, he might appear at last in the scene, like a deity of the theatre, and reduce all again to order ; expecting still, that the people, tired and harassed by these perpetual tumults, would be forced to create him dictator, for settling the quiet of the city. The consuls elect were, P. Cornelius Lentulus, and Q. Metellus Nepos : the first was Cicero's warm friend, the second his old enemy ; the same who put that affront upon him on laying down his consulship : his promotion therefore was a great discouragement to Cicero, who took it for granted that he would employ all his power to obstruct his return ; and reflected, as he tells us, " that, though it was a great thing to drive him out, yet, as there were many who hated, and more who envied him, it would not be difficult to keep him out^." But Metellus, perceiving which way Pompey's inclina- tion and Caesar's also was turning, found reason to change his mind, or at least to dissemble it ; and promised, not only to give his consent, but his assistance, to Cicero's restoration. His col- league, Lentulus, in the mean while, was no sooner elected, than he revived the late motion of NinniuSi and proposed a vote to recal Cicero ; and when Clodius interrupted him and recited that part of his law which made it criminal to move anjthing about it, Lentulus declared it to be no law, but a mere proscription, and act of violence ^ This alarmed Clodius, and obliged him to exert all his arts to support the validity of the law ; he threat- ened ruin and destruction to all who should dare to oppose it ; and to imprint the greater terror, fixed up on the doors of the senate-house, that clause which prohibited all men to speak or act in ^ Ciun hasc non possent diutius jam sustincre, initur consilium de interitu Cn. Pompeii : quo patefacto, ferroque deprehenso, ille inclusus domi tamdiu fuit, quamdiu inimicus meus in tribunatu. — Pro Sext. 32. Dcpieliensus denique cuni fcrro ad sonatuiii is, quern ad Cn. Ponipeium interimendum eollocatum fuisse constabat. •—In Pison. 12. Cum tamen' — Gabinius collegit ipse se vix : et contra Buum Clodium, primum simulate; deindc non libenter; ad oxtremum tamen pro Cn. Pompeio vere, vehementerque pugnavit. — Tu tamen homo religiosus et sanctus, foedus frangere noluisti — itaqiie in illo tuniultu fracti fasces, ictus ipso, quotidie tela, lapides, fuga;.— Ibid. y Iniinici sunt multi, invidi paene omnes. Ejicere nos magnum fuit, excludere facile est.' — Ep. Fam. xiv. 3. ^ Cum a tribune plebis vetaretur, cum pra?clarum caput rccitarotur, ne quis ad vos refcrret — totam illam, lit ante dixi, proscriptionem, non legem putavit. — Post Red. in Ben. 4. any manner for Cicero's return, on pain of being treated as enemies. This gave a farther disquiet to Cicero, lest it should dishearten his active friends, and furnish an excuse to the indolent for doing nothing : he insinuates therefore to Atticus what might be said to obviate it ; " that all such clauses were only bugbears, without any real force ; or otherwise no law could ever be abrogated ; and whatever effect this was intended to have, that it must needs fall of course with the law itself'." In this anxious state of his mind, jealous of everything that could hurt, and catching at every- thing that could help him, another little incident happened, which gave him a fresh cause of unea- ness : for some of his enemies had published an invective oration, drawn up by him for the enter- tainment only of his intimate friends, against some eminent senator, not named, but generally sup- posed to be Curio, the father, who was now dis- posed and engaged to serve him : he was surprised and concerned, that the oration was made public ; and his instructions upon it to Atticus are some- what curious ; and show how much he was struck with the apprehension of losing so powerful a friend. " You have stunned me," says he, " with the news of the oration's being published : heal the wound, as you promise, if you possibly can : I wrote it lonfj ago in anger, after he had first written against me ; but had suppressed it so carefully that I never dreamed of its getting abroad, nor can imagine how it slipped out : but since, as fortune would have it, I never had a word with him in person, and it is wu-itten more negligently than my other orations usually are ; I cannot but think tluit you may disown it, and prove it not to be mine : pray take care of this, if you see any hopes for me ; if not, there is the less reason to trouble myself about it**." His principal agents and solicitors at Rome were, his brother Quintus, his wife Terentia, his son-in- law Piso, Atticus, and Sextius. But the brother and the wife, being both of them naturally peevish, seem to have given him some additional disquiet, by their mutual complaints against each other ; which obliged him to admonish them gently in his letters, that since their friends were so few, they ought to live more amicably among themselves '^. Terentia however bore a very considerable part of the whole affair ; and instead of being daunted by the depression of the family, and the ruin of their fortunes, seems to have been animated rather the more to withstand the violences of their enemies, and procure her husband's restoration. But one a Tute seripsisti, quoddam caput legis Clodium in curiae poste fixisse, ne referri, neve dici liceret — Ad Att. iii. 15. Sed vides nunquam esse observatas sanetiones earum legum, qua; abrogarentur. Nam si id esset, nulla fere abro- gari posset : — sed cum lex abrogatur, illud ipsum abrogatur, quo non earn abrogari oporteat.--Ibid. 23. b Percussisti autem me deorationeprolata: cuivulneri, ut scribis, medere, si quid potes. Seripsi equidcm olim iratus, quod ille prior scripserat : seditacompresseram, ut nunquam manaturam putarem. Quo modo exciderit ne- scio. Sed quia nunquam accidit, ut cum eo verbo imo concertarem ; et quia scripta mihi videtur negligcntius, quam ca;terae, puto posse probari non esse meam. Id, si putas me posse sanari, cures volim : sin plane perii, minus laboro. — Ad Att. iii. 12. c Dc Quinto fratre nihil ego te accusavi, sed vos, cum pra-sertini tani pauci estis, volui esse quam conjuuctissi- mos. — Ep. Fam. xiv. 1. 102 THK IIISTOKY OF THE L1FI-: OF of Cicero's letters to her in these unhappy circiim- stiiuces will t;ive the clearest view of her character, ami the spirit with which she acted. " Cicero to Tercntia. " Do not imagine that I write longer letters to any one than to you, unless it be when I receive a long one from somebody else, whicli I find myself obliged to answer. For I have nothing either to write, nor in my present situation employ myself on anything that is more troublesome to me ; and wlien it is to you and our dear Tulliola, I cannot write without a flood of tears. For I see you the most wretched of women, whom I wished always to see the happiest, and ought to have made so ; as I should have done, if I had not been so gre.at a coward. I am extremely sensible of Piso's services to us ; have exhorted him, as well as I could, and thanked him as I ought. Your hopes, I perceive, are in the new tribunes : that ■will be effectual, if Pompey concur with them : but I am afraid still of Crassus. You do every- thing for me, I see, with the utmost courage and affection : nor do I wonder at it ; but lament our unhappy fate, that my miseries can only be relieved by your suflTeiing still greater : for our good friend P. Valerius wrote me word, what I could not read without bursting into tears, how you were dragged from the temple of Vesta to the Valerian Bank. Alas, my light, my darling, to whom all the world used to sue for help ! that you, my dear Terentia, should be thus insulted ; thus oppressed with grief and distress ! and that ' I should be the cause of it ; I, who have preserved so many others, that we ourselves should be undone ! As to wliat you write about the house, that is, about the area ; I shall then take myself to be restored, when that shall be restored to us. But those things are not in our power. What affects me more nearly is, that when so great an expense is necessary, it should all lie upon you, who are so miserably stripped and plundered already. If we live to see an end of these troubles, we shall repair all the rest. But if the same fortune must ever depress us, will you throw away the poor remains that are left for your subsistence .' For God's sake, my dear life, let others supply the money, who are .able, if they are willing : and if you love me, do nothing that can hurt your health, which is already SD impaired. For j-ou are perpetually in my thoughts both day and night. I see that you decline no sort of trouble ; but am afraid, how you will sustain it. Yet the whole affair depends on you. Pay the first regard therefore to your health, that we may attain the end of all your wishes, and your labours. I know not whom to write to, except to those who write to me, or of whom you send me some good account. I will not remove to a greater distance, since you are against it ; but would have you write to me as often as possible, especially if you have any hopes that are well grounded. Adieu, my dear love, adieu. The 5th of October from Thessalonica. " Terentia had a particular estate of her own, not obnoxious to Clodius's law, which she was now offering to sale, for a supply of their present neces- sities : this is what Cicero refers to, where he entreats her, not to throw away the small remains of her fortunes ; which he presses still more warmly in another letter, putting her in mind, " that if their friends did not fail in their duty, she coulif not want money; and if they did, that her own would do l)ut little towards making them easy : he imj)lores her therefore not to ruin the boy; who, if there was anything left to keep him froin want, would, with a moderate share of virtue and good fortune, easily recover the rest''." The son- in-law, Piso, was extremely afli'ctionate and dutiful in ])erforming all good offices both to his banished father and the family ; and resigned the quaestor- .>-hip of Pontus and Bithynia, on purpose to serve them the more effectually by his presence ; Rome : Cicero makes frecpient acknowledgment of his kindness and generosity ; " Piso's humanity, virtue and love for us ail is so great," says he, " that nothing c;«i exceed it ; the gods grant that it may one day be a pleasure, I am sure it will always be an honour, to him"^." Atticus likewise supplied them liberally with money : he had already furnished Cicero, for the exigences of his flight, with above 2000 pounds; and upon succeeding to the great estate of his uncle Csecilius, whose name he now assumed, made him a fresh offer of his purse' : yet his conduct did not wholly satisfy Cicero ; who thought him too cold and remiss in his service ; and fancied, that it flowed from some secret resentment, for having never received from him, in his flourishing con- dition, any beneficial proofs of his friendship : in order therefore to rouse his zeal, he took occasioa to promise him, in one of his letters, that whatever reason he had to compbiin on that score, it should all be made up to him, if he lived to return : " If fortune," says he, " ever restore me to my country, it shall be my special care, that you, above all my friends, have cause to rejoice at it : and though hitherto, I confess, you have reaped but little d Tantum scribo, si erunt in officio amici, pecunia non deerit, si non erunt, tu cfficere tua pecunia non potcris. Per fortunas miseras nostras, vide ne puerum perditum pcrdamus : cui si aliquid erit, ne egeat, mediocri virtut© opus est, et mediocri fortuna, ut castera coesequatur.^ Ibid. <= Qui Pontmn ot Bithyniam quaestor pro mea salute neglexit. — Post Red. in Sen. 15. Pisonis humanitas, virtus, amor in nos omnes tantus est, ut nihil supra esse possit. Utinam ea res el voluptati sit, gloriae quidem video fore. — ^Ep. Fam. xiv. 1. f Ciceroni, ex patria fugienti II S. ducenta et quinqua- ginta millia donavit. — Corn. Nep. Vit. Att. 4. Quod te in tanta hereditate ab omni occupatione expe^ disti, valde mihi gratum est. Quod facultates tuas ad nieam salutem poUiceris, ut omnibus rebus a te pra;ter cEteros juver id quantum sit praesidium video. — Ad Att. iii. 2(1. This Caecilius, Atticus's uncle, was a famous churl and usurer, sometimes mentioned in Cicero's letters, who- .idopted Atticus by his will, and left him three-fourths of his estate, which amounted to above 80,0110/. sterling. He had raised this great fortune by the favour chieiiy of Lucul- lus, whom he flattered to the last with a promise of making him his heir, yet left the bulk of his estate to Atticus, who- had been very observant of his humour : for which fraud, added to his notorious avarice and extortion, the mob- seized his dead body, and dragged it infamously about the streets. [Val. Ma.\. vii. 8.] Cicero, congratulating Atticus upon his adoption, addresses his letter to Q. Caecilius, Q. F. Pomponianus, Atticus. For in assuming the name of the Adopter, it was usual to add also their own family name, though changed in its termination from Pomponius to Pomponianus, to preserve the memory of their real extraction : to which some added also the surname, aa- Cicero does in the present ease. — Ad Att. iii. iO. MARCUS TULLIUS CICERO. 103 benefit from my kindness ; I will manage so for the future, that wlienever I am restored, you shall find yourself as dear to me as my brother and my children : if I have been wanting therefore in my duty to you, or rather, since I have been wanting, pray pardon me ; for I have been much more wanting to myself?." But Atticus begged of him to lay aside all such fancies, and assured him, that there was not the least ground for them ; and that he had never been disgusted by anything, which he had either done, or neglected to do for him ; entreating him to be perfectly easy on that head, and to depend always on his best services, without giving himself the trouble, even of reminding him''. Yet after all, the suspicion itself, as it comes from one who knew Atticus so perfectly, seems to leave some little blot upon his character : but whatever cause there might be for it, it is cer- tain, that Cicero at least was as good as his word, and by the care which he took after his return to celebrate Atticus's name in aU his writings, has left the most illustrious testimony to posterity of his sincere esteem and affection for him. Sextius was one of the tribunes elect ; and being entirely devoted to Cicero, took the trouble of a journey into Gaul, to solicit Caesar's consent to his restoration ; which though he obtained, as well by his own intercession as by Pompey's letters, yet it seems to have been with certain limitations not agreeable to Cicero : for on Sextius's return to Rome, when he drew up the copy of a Jaw which he intended to propose upon his entrance into office ; conformable, as we may imagine, to the conditions stipulated with Csesar ; Cicero greatly disliked it ; as being too general, and without the mention even of his name, nor pro- viding sufficiently either for his dignity, or the restitution of his estate ; so that he desires Atticus to take care to get it amended by Sextius'. The old tribunes, in the mean while, eight of whom were Cicero's friends, resolved to make one effort more to obtain a law in his favour, which they jointly offered to the people on the twenty- eighth of October : but Cicero was much more displeased with this than with Sextius's : it con- sisted of three articles ; the first of which restored him only to his former rank, but not to his estate: the second was only matter of form, to indemnify the proposers of it : the third enacted, " that if there was anything in it which was prohibited to be promulgated by any former law, particularly by that of Clodius, or which involved the author of such promulgation in any fine or penalty, that in S Ego, si me aliquando vestri et patriae compotem for- tuna fecerit, certe efficiam, ut maxime laetere unus es onmibus amicis : nieaque officia ac studia, quae parum antea luserunt (fatendum est enim) sic exequar, ut me aque tibi ac fratri et liberis nostris restitutum putes. Si quid in te peccavi, ac potius quoniam peccavi, ignosce : in me enim ipsum peccavi vehementiiis. — Ad Att. iii. 15. '' Quod me vetas quicquam suspicari accidisse ad animuru tuum, quod secus a me erga te commissum, aut prajtemiissuni videretur, geram tibi morem et liberabor ista cura. Tibi tamen eo plus debeo, quo tua in me humanitas fuerit excelsior, quam in te mea. — Ibid. 20. ' Hoc interim tempore, P. Sextius, designatus iter ad C. Ca;sarem pro mea salute suscepit. Quid egerit, quantum profecerit, nihil ad causam.— Pro Sext. 32. Rogatio Sextii neque dignitatis satis habet nee cautionis. Nam et nominatina ferre oportet, et de bonis diligcntius •cribi : et id animadvertas velim.— Ad Att. iii. 20. such case it should have no effect." Cicero was surprised, that his friends could be induced to pro- pose such an act, "which seemed to be against him, and to confirm that clause of the Clodian law which made it penal to move anything for him ; whereas no clauses of that kind had ever been regarded, or thought to have any special force, but fell of course when the laws themselves were repealed : he observes, " that it was an ugly pre- cedent for the succeeding tribunes, if they should happen to have any scruples ; and that Clodius had already taken the advantage of it, when in a speech to the people, on the third of November, he declared, that this act of the tribunes was a proper lesson to their successors, to let them see how far their power extended." He desires Atticus therefore " to find out who was the contriver of it, and how Ninnius and the rest came to be so much overseen as not to be aware of the consequences of it"*." The most probable solution of it is, that these tribunes hoped to carry their point with less diffi- culty, by paying this deference to Clodius's law, the validity of which was acknowledged by Cato, and several others of the principal citizens' ; and they were induced to make this push for it before they quitted their office, from a persuasion, that if Cicero was once restored, on any terms, or with what restrictions soever, the rest would follow of course ; and that the recovery of his dignity would necessarily draw after it everything else that was wanted. Cicero seems to have been sensible of it himself on second thoughts, as he intimates, in the conclusion of his letter : " I should be sorry," says he, " to have the new tribunes insert such a clause in their law ; yet let them insert what they please : if it will but i)ass and call me home, I shall be content with if"." But the only project of a law which he approved, was drawn by his cousin C. Visellius Aculeo, an eminent lawyer of that age, for another of the new tribunes, T. Fadius, vyho had been his qurestor when he was consul : he advised his friends therefore, if there was any prospect of success, to push forward that law, which entirely pleased him ". In this suspense of his affairs at Rome, the troops, which Piso had provided for his govern- ment of Macedonia, began to arrive in great num- bers at Thessalonica" : this greatly alarmed him, and made him resolve to quit the place without delay : and as it was not advisable to move farther from Italy, he ventured to come still nearer, and turned back again to Dyrrhachium : for though this was within the distance forbidden to him by ^ Quo major est suspicio malitis alicujus, cum id, qnod ad ipsos nihil pertinebat, erat auteni contra me, scrip- serunt. Ut noyi tribuni plebis si esscnt timidiores, multo niagis sibi eo capite utcndum putarent. Neque id a Ciodio pra?termissum est, dixit enim in cnncione ad diem III. Non. Novemb.hoc capite designatistribunis plebis prae- scriptimi essequid liceret. Ut Ninnium et caeteros fugerit investiges velim, et quis attulerit, &c. — Ad Att. iii. 23. 1 Video enim quosdam clarissimos vu'os, aliquot locis judicasse, te cum plebe jurcagerepotuisse. — Pro Dome, 16. »> Id caput sane nolim novos tribunos plebis ferre : sed perferant modo quidlibet: uno capite quo revocabor, mode res conficiatur, ero contentus. — Ibid. 23. n Sed si est aliquid in spe, vide legem, quam T. Fadio scripsit Visellius : ea niihi perplacet. — ibid. o Me adhuc Plancius retinet.— Sed jam cum adventare milites dicerentur, faciendum nobis erit, ut ab eo disce- damus. — Ibid. 22 104 THE IlISTORV OF THE LIFE OF law, yet he had no renson to apprehend any dancer, in n town p.irtieuhirly devoted to him, and which liad always been under his sjieeial patronage and protection. He came thither on the tweuty-iifth of November, and gave notice of his removal to his friends at Rome, by letters of the same date, begun at Thessaloniea and linished at Dyrrhu- chiumi": whicli shows the great haste which he thought necessary in making this sudden eiiaiige of his quarters. Here he received another piece of news which displeased him ; " that with tiie consent and assistance of his managers at Home, the provinces of the consuls elect had been fur- nished with money and troo])s by a decree of the senate :" but in what manner it affected him, and what reason he had to be uneasy at it, will be explained by his own letter u))on it to Atticus. " When you first sent me word," says he, " that the consular provinces had been settled and i)ro- vided for by your consent ; though I was afraid lest it might be attended with some ill conse- quence, yet I hoped that you had some special reason for it whicli 1 could not penetrate : but having since been informed, both by friends and letters, that your conduct is universally con- demned, I am extremely disturbed at it ; because the little hopes, that were left, seem now to be destroyed : for should the new tribunes quarrel with us upon it, what farther hopes can there be ? and they have reason to do so ; since they were not consulted in it, though they had undertaken my cause, and have lost by our concession all that intiuence which they would otherwise have had over it ; especially when they declare, that it was for my sake only that they desired the power of furnishing out the consuls ; not with design to hinder them, but to secure them to my interest ; whereas if the consuls have a mind to be perverse, they may now be so without any risk ; yet let them be never so well disposed, can do nothing without the consent of the tribunes. As to what you say, that, if you had not agreed to it, the consuls would have carried their point with the people ; that could never have been done against the will of the tribunes : I am afraid, therefore, that we have lost by it the affection of the tribunes ; or if that still remains, have lost at least our hold on the consuls. There is another inconvenience still, not less considerable ; for that important declaration, as it was represented to me, that the senate would enter into nothing till my affair was settled, is now at an end ; and in a case not only unnecessary, but new and unprecedented ; for I do not believe, that the provinces of the consuls had ever before been provided for until their entrance into office : but having now broken through that resolution which they had taken in my cause, they are at liberty to proceed to any other business, as they please. It is not however to be wondered at, that my friends, who were applied to, should consent to it ; for it was hard for any one, to declare openly against a motion so beneficial to P Dyrrhacbium veni quod et libera civitas est, et in me officiosa. — Ep. Fani. xiv. 1. Nam ego eo nomino sum Dyrxhachii, ut quam celerrime quid agatur, audiam, et sum tuto. Civitas enim h as usual, to religion, cic. 50. entered directly into Cicero's affair, coss. and moved the senate for his restora- p. CORNELIUS tionS"; while his colleague Metellus LENTULUS declared, with much seeming candour, spiNTHER, " that though Cicero and he had been Q. c.EciLius enemies, on account of tiieir different sentiments in politics, yet he would give up his resentments to the autho- rity of the fathers, and the interests of the repub- lic^." Upon which L. Cotta, a person of consular and censorian rank, being asked his opinion the first, said, " that nothing had been done against Cicero agreeably to right or law, or the custom of their ancestors : that no citizen could be driven out of the city without a trial ; and that the people could not condemn, nor even try a man capitally, but in an assembly of their centuries : that the whole was the effect of violence, turbulent times, and an oppressed republic : that in so strange a revolution and confusion of all things, Cicero had only stepped aside, to provide for his future tranquil- lity, by declining the impending storm ; and since he had freed the republic from no less danger by his absence, than he had dune before by his pre- sence, that he ought not only to be restored, but to be adorned -with new honours : that what his mad enemy had published against him, was drawn so absurdly both in words and sentiments, that, if ^ Qui accepta pecunia Pessinuntem ipsum, sedem domi- ciliumque INIatris Deorum vastaris, et Brogitaro, Gallo- grxco, impuro Iioniini ac ncfario, totum ilium locum fanunique vendideiis. Sacerdotem ab ipsis aris, pulvina- ribusquo dctraxeris. — Qua; reges omnes, qui Asiam Euro- pamque tenuerunt, semper summa religione coluerunt — Qua; majores nostri tam sancta duxerunt, ut— nostri imperatores maximis et pericnlosissimis bellis huic deae vota facerent, eaque in ipso Pessinunte ad illam ipsam prLncipem aram et in illo loco fanoque persolverent. — Putabo regeni, si habuerit undo tibi solvat. — Nam cum niulta regia sunt in Deiotaro, turn ilia niaxime, quod tibi nummum nullum dedit. — Quod Pessinuntem per scelus a te violatum, et sacerdote, sacrisque spoliatum recupe- ravit. — Quod ca;renaonias ab omni vetustate acceptas a Brogitaro poUui non sinit, mavultque generum suum niuncrc tuo, quam illud fanum antiquitate religionis carero.— Ibid. 13 ; Pro Sext. 26. y Kalendis .Januariis. — P. Lentulus consul — simul ac de sulemui religione retulit, nihil humanarum rerum sibi i)rius, quam de me agendum judicavit. — Post Red. ad Quir. 5. ^ Qua; etiam eollega; ejus moderatio de me ? Qui ciun jnimititias silji niecum ex reipublica; dissensione suscep- tas esse dixisset, eas se Patribus conscriptis dixit et tem- I^oribus reipublicae permissm'um. — Pro Sext. 32. 106 TllK IIISTOIIV OF TlIK LIFE OF jt had been enacted in proper form, it could ncvir obtain the force of a law : that since Cicero there- fore was expelled by no law, he covdd not want a law to restore him, but ought to be recalled by a vote of the senate." — I'nmpey, who spoke nc.vt, having highly applauded what Cotta said, adiled, " that for the sake of Cicero's future quiet, and to prevent all farther trouble from tiie same quarter, it was his oinuion, that the peoi)le should have a share in conferring that grace, and their consent be joined also to the authority of the senate." After many others had spoken likewise with great warmth in the defence and praise of Cicero, they all came unanimously into Ponii)ey's opinion, and were pro- ceeding to make a decree upon it, when Serranus the tribune rose up and put a stop to it, not flatly interposing his negative, for he had not the assur- ance to do that, against such a spirit and unani- mity of the senate, but desiring only a night's time to consider of it. This unexpected interruption incensed the whole assembly ; some reproached, others entreated him ; and his father-in-law, Op- pius, threw himself at his feet, to move him to desist : but all that they could get from him was a promise to give way to the decree the next morn- ing; upon which they broke up. "But the tribune (says Cicero) employed the night, not as people fancied he would, in giving back the money which he had taken, but in making a better bargain, and doubling his price ; for the next morning, being grown more hardy, he absolutely prohibited the senate from proceeding to any act"." This conduct of Serranus surprised Cicero's friends, being not only perfidious and contrary to his engagements, but highly ungrateful to Cicero ; who, in his con- sulship, had been his special encourager and benefactor''. The senate, however, though hindered at present from passing their decree, were too well united, and too strongly supported, to be baffled much longer by the artifices of a faction : they resolved, therefore, without farther delay, to propound a law to the people for Cicero's restoration ; and the twenty-second of the month was appointed for the promulgation of it. When the day came, Fabri- cius, one of Cicero's tribunes, marched out with a strong guard, before it was light, to get possession of the rostra : but Clodius was too early for him : and having seized all the posts and avenues of the forum, was prepared to give him a warm reception: a Turn princeps rogatus sententiam L. Cotta, dixit. — Kihil de me actum esse jure, nihil more majorum, nihil leglbus, &c. Quare me, qui nulla lege abesseui, non restitui lege, sed senatus auctoritate oportere. — Post eum rogatus sententiam Cn. Pompeius, approbata, laudataque CottiE sententia, dixit, sese otii mei causa, ut omni populari concertatione defungerer, censere ; ut ad senatus auctoritatem populi quoque Roman! beneficium adjungeretur. Cum omnes certatim, aliusque alio gravius de mea salute dixisset, fieretque sine ulla varietate dis- cessio : surrexit Atilius ; nee ausus est, eum esset emptus, intercedere ; noctcm sibi ad deliberandum postulavit. Clamor senatus, querela;, preoes, socer ad pedes abjectus. Ille, se affirmare postero die moram nuUam esse factu- rmn. Creditum est ; discessum est : illi interea delibe- ratori merces, interposita nocte, duplicata est.'— Pro Sext. 34. Deliberatio non in reddenda, quemadmodam nonnuUi arbitrabantur, sed, ut patefactum est, in augenda mercede consumtaest. — Post Red.adQuir. 5. •> Is tribunus plebls quem ego maximis beneficiis qua;s- torem consul omaveram. — Ibid. he had ])urchased some gladiators, for the shows of his ludileship, to which he was now pretending, and borrowed another band of his brother .\ppius; and with these well armed, at the head (jf his slaves and depen