[Footnote 1: "Interia dulces pendent circum oscula nati; Casta pudicitiam servat domus".—Georg. ii. 524.]
[Footnote 2: See 'Letters to Atticus', ii. 9, 12; Merivale's translation of Abeken's 'Cicero in Seinen Briefen', p. 114.]
All Cicero's biographers have found considerable difficulty in tracing, at all satisfactorily, the sources of the magnificent fortune which must have been required to keep up, and to embellish in accordance with so luxurious a taste, so many residences in all parts of the country. True, these expenses often led Cicero into debt and difficulties; but what he borrowed from his friends he seems always to have repaid, so that the money must have come in from some quarter or other. His patrimony at Arpinum would not appear to have been large; he got only some £3000 or £4000 dowry with Terentia; and we find no hint of his making money by any commercial speculations, as some Roman gentlemen did. On the other hand, it is the barest justice to him to say that his hands were clean from those ill-gotten gains which made the fortunes of many of the wealthiest public men at Rome, who were criminals in only a less degree than Verres—peculation, extortion, and downright robbery in the unfortunate provinces which they were sent out to govern. Such opportunities lay as ready to his grasp as to other men's, but he steadily eschewed them. His declining the tempting prize of a provincial government, which was his right on the expiration of his praetorship, may fairly be attributed to his having in view the higher object of the consulship, to secure which, by an early and persistent canvass, he felt it necessary to remain in Rome. But he again waived the right when his consulship was over; and when, some years afterwards, he went unwillingly as pro-consul to Cilicia, his administration there, as before in his lower office in Sicily, was marked by a probity and honesty quite exceptional in a Roman governor. His emoluments, confined strictly within the legal bounds, would be only moderate, and, whatever they were, came too late in his life to be any explanation of his earlier expenditure. He received many valuable legacies, at different times, from personal friends or grateful clients who died childless (be it remembered how the barrenness of the marriage union had become then, at Rome, as it is said to be in some countries now, the reproach of a sensual and effete aristocracy); he boasts himself, in one of his 'Philippics', that he had received from this source above £170,000. Mr. Forsyth also notices the large presents that were made by foreign kings and states to conciliate the support and advocacy of the leading men at Rome—"we can hardly call them bribes, for in many cases the relation of patron and client was avowedly established between a foreign state and some influential Roman: and it became his duty, as of course it was his interest, to defend it in the Senate and before the people". In this way, he thinks, Cicero held "retainers" from Dyrrachium; and, he might have added, from Sicily. The great orator's own boast was, that he never took anything for his services as an advocate; and, indeed, such payments were forbidden by law.[1] But with all respect for Cicero's material honesty, one learns from his letters, unfortunately, not to put implicit confidence in him when he is in a boasting vein; and he might not look upon voluntary gifts, after a cause was decided, in the light of payment. Paetus, one of his clients, gave him a valuable library of books; and one cannot believe that this was a solitary instance of the quiet evasion of the Cincian law, or that there were not other transactions of the same nature which never found their way into any letter of Cicero's that was likely to come down to us.
[Footnote 1: The principle passed, like so many others, from the old Roman law into our own, so that to this very day, a barrister's fees, being considered in the nature of an honorarium, or voluntary present made to him for his services, are not recoverable by law.]
CHAPTER IV.
HIS EXILE AND RETURN.
We must return to Rome. Cicero had never left it but for his short occasional holiday. Though no longer in office, the ex-consul was still one of the foremost public men, and his late dignity gave him important precedence in the Senate. He was soon to be brought into contact, and more or less into opposition, with the two great chiefs of parties in whose feuds he became at length so fatally involved. Pompey and Caesar were both gradually becoming formidable, and both had ambitious plans of their own, totally inconsistent with any remnant of republican liberty—plans which Cicero more or less suspected, and of that suspicion they were probably both aware. Both, by their successful campaigns, had not only acquired fame and honours, but a far more dangerous influence—an influence which was to overwhelm all others hereafter—in the affection of their legions. Pompey was still absent in Spain, but soon to return from his long war against Mithridates, to enjoy the most splendid triumph ever seen at Rome, and to take the lead of the oligarchical party just so long and so far as they would help him to the power he coveted. The enemies whom Cicero had made by his strong measures in the matter of the Catilinarian conspiracy now took advantage of Pompey's name and popularity to make an attack upon him. The tribune Metellus, constant to his old party watchword, moved in the Senate that the successful general, upon whom all expectations were centred, should be recalled to Rome with his army "to restore the violated constitution". All knew against whom the motion was aimed, and what the violation of the constitution meant; it was the putting citizens to death without a trial. The measure was not passed, though Caesar, jealous of Cicero even more than of Pompey, lent himself to the attempt.
But the blow fell on Cicero at last from a very different quarter, and from the mere private grudge of a determined and unprincipled man. Publius Clodius, a young man of noble family, once a friend and supporter of Cicero against Catiline, but who had already made himself notorious for the most abandoned profligacy, was detected, in a woman's dress, at the celebration of the rites of the Bona Dea—a kind of religious freemasonry amongst the Roman ladies, the mysteries of which are very little known, and probably would in any case be best left without explanation. But for a man to have been present at them was a sacrilege hitherto unheard of, and which was held to lay the whole city under the just wrath of the offended goddess. The celebration had been held in the house of Caesar, as praetor, under the presidency of his wife Pompeia; and it was said that the object of the young profligate was an intrigue with that lady. The circumstances are not favourable to the suspicion; but Caesar divorced her forthwith, with the often-quoted remark that "Caesar's wife must not be even suspected". For this crime—unpardonable even in that corrupt society, when crimes of far deeper dye passed almost unreproved—Clodius was, after some delay, brought to public trial. The defence set up was an alibi, and Cicero came forward as a witness to disprove it: he had met and spoken with Clodius in Rome that very evening. The evidence was clear enough, but the jury had been tampered with by Clodius and his friends; liberal bribery, and other corrupting influences of even a more disgraceful kind, had been successfully brought to bear upon the majority of them, and he escaped conviction by a few votes. But he never forgave the part which Cicero had taken against him; and from that time forth the latter found a new, unscrupulous, indefatigable enemy, of whose services his old opponents gladly availed themselves. Cicero himself for some time underrated this new danger. He lost no opportunity of taunting the unconvicted criminal in the bitterest terms in the Senate, and of exchanging with him—very much to the detriment of his own character and dignity, in our modern eyes—the coarsest jests when they met in the street. But the temptation to a jest, of whatever kind, was always irresistible to Cicero: it was a weakness for which he more than once paid dearly, for they were remembered against him when be had forgotten them. Meanwhile Clodius—a sort of milder Catiline, not without many popular qualities—had got himself elected tribune; degrading himself formally from his own order of nobles for that purpose, since the tribune must be a man of the commons. The powers of the office were formidable for all purposes of obstruction and attack; Clodius had taken pains to ingratiate himself with all classes; and the consuls of the year were men of infamous character, for whom he had, found a successful means of bribery by the promise of getting a special law passed to secure them the choice of the richest provincial governments—those coveted fields of plunder—of which they would otherwise have had to take their chance by lot. When all was ripe for his revenge, he brought before the people in full assembly the following bill of pains and penalties:—"Be it enacted, that whoever has put to death a Roman citizen uncondemned in due form of trial, shall be interdicted from fire and water". Such was the legal form of words which implied banishment from Rome, outlawry, and social excommunication. Every man knew against whom the motion was levelled. It was carried—carried in spite of the indignation of all honest men in Rome, in spite of all Cicero's humiliating efforts to obtain its rejection.
It was in vain that he put on mourning, as was the custom with those who were impeached of public crimes, and went about the streets thus silently imploring the pity of his fellow-citizens. In vain the whole of his own equestrian order, and in fact, as he declares, "all honest men" (it was his favourite term for men of his own party); adopted the same dress to show their sympathy, and twenty thousand youths of good family—all in mourning—accompanied him through the city. The Senate even met and passed a resolution that their whole house should put on mourning too. But Gabinius, one of the consuls, at once called a public meeting, and warned the people not to make the mistake of thinking that the Senate was Rome.
In vain, also, was any personal appeal which Cicero could make to the only two men who might have had influence enough to sway the popular vote. He was ostensibly on good terms both with Pompey and Caesar; in fact, he made it his policy so to be. He foresaw that on their future course would probably depend the fate of Rome, and he persuaded himself, perhaps honestly, that he could make them "better citizens". But he trusted neither; and both saw in him an obstacle to their own ambition. Caesar now looked on coldly, not altogether sorry at the turn which affairs had taken, and faintly suggested that perhaps some "milder measure" might serve to meet the case. From Pompey Cicero had a right to look for some active support; indeed, such had been promised in case of need. He threw himself at his feet with prayers and tears, but even this last humiliation was in vain; and he anticipated the execution of that disgraceful edict by a voluntary withdrawal into exile. Piso, one of the consuls, had satirically suggested that thus he might "save Rome" a second time. His property was at once confiscated; his villas at Tusculum and at Formiae were plundered and laid waste, the consuls claiming the lion's share of the spoil; and Clodius, with his armed mob, set fire to the noble house on the Palatine, razed it to the ground, and erected on the site a temple to—Liberty!
Cicero had friends who strongly urged him to defy the edict; to remain at Rome, and call on all good citizens to arm in his defence. Modern historians very generally have assumed that, if he could have made up his mind to such a course, it would probably have been successful. He was to rely, we suppose, upon those "twenty thousand Roman youths "—rather a broken reed to trust to (remembering what those young gallants were), with Caesar against him, now at the head of his legions just outside the gates of Rome. He himself seriously contemplated suicide, and consulted his friends as to the propriety of such a step in the gravest and most business-like manner; though, with our modern notions on the subject, such a consultation has more of the ludicrous than the sublime. The sensible and practical Atticus convinced him that such a solution of his difficulties would be the greatest possible mistake—a mistake, moreover, which could never be rectified.
But almost any course would have become him better than that which he chose. Had he remained and faced Clodius and his bravos manfully—or had he turned his back upon Rome for ever, and shaken the dust off his feet against the ungrateful city, and become a noble pensioner upon Atticus at Buthrotum—he would have died a greater man. He wandered from place to place sheltered by friends whose unselfish loyalty marks their names with honour in that false and evil generation—Sica, and Flaccus, and Plancius—bemoaning himself like a woman,—"too blinded with tears to write", "loathing the light of day". Atticus thought he was going mad. It is not pleasant to dwell upon this miserable weakness of a great mind, which Cicero's most eager eulogists admit, and which his detractors have not failed to make the most of. Nor is it easy to find excuse for him, but we will give him all the benefit of Mr. Forsyth's defence:
"Seldom has misfortune so crushed a noble spirit, and never, perhaps, has the 'bitter bread of banishment' seemed more bitter to any one than to him. We must remember that the love of country was a passion with the ancients to a degree which it is now difficult to realise, and exile from it even for a time was felt to be an intolerable evil. The nearest approach to such a feeling was perhaps that of some favourite under an European monarchy, when, frowned upon by his sovereign, he was hurled from place and power, and banished from the court. The change to Cicero was indeed tremendous. Not only was he an exile from Rome, the scene of all his hopes, his glories, his triumphs, but he was under the ban of an outlaw. If found within a certain distance from the capital, he must die, and it was death to any one to give him food or shelter. His property was destroyed, his family was penniless, and the people whom he had so faithfully served were the authors of his ruin. All this may be urged in his behalf, but still it would have been only consistent with Roman fortitude to have shown that he possessed something of the spirit of the fallen archangel".[1]
[Footnote 1: Forsyth's Life of Cicero, p. 190.]
His exile lasted nearly a year and a half. Long before that time there had come a reaction in his favour. The new consuls were well disposed towards him; Clodius's insolence had already disgusted Pompey; Caesar was absent with his legions in Gaul; his own friends, who had all along been active in his favour (though in his querulous mood he accused them of apathy) took advantage of the change, his generous rival Hortensius being amongst the most active; and all the frantic violence of Clodius and his party served only to delay for a while the return which they could not prevent. A motion for his recall was carried at last by an immense majority.
Cicero had one remarkable ally on that occasion. On one of the days when the Senate was known to be discussing his recall, the 'Andromache' of Ennius was being played in the theatre. The popular actor Esop, whose name has come down to us in conjunction with that of Roscius, was playing the principal character. The great orator had been his pupil, and was evidently regarded by him as a personal friend. With all the force of his consummate art, he threw into Andromache's lament for her absent father his own feelings for Cicero. The words in the part were strikingly appropriate, and he did not hesitate to insert a phrase or two of his own when he came to speak of the man
"Who with a constant mind upheld the state,
Stood on the people's side in perilous times,
Ne'er reeked of his own life, nor spared himself".
So significant and empathetic were his tone and gesture as he addressed himself pointedly to his Roman audience, that they recalled him, and, amid a storm of plaudits, made him repeat the passage. He added to it the words—which were not set down for him—
"Best of all friends in direst strait of war!"
and the applause was redoubled. The actor drew courage from his success. When, as the play went on, he came to speak the words—
"And you—you let him live a banished man—
See him driven forth and hunted from your gates!"
he pointed to the nobles, knights, and commons, as they sat in their respective seats in the crowded rows before him, his own voice broke with grief, and the tears even more than the applause of the whole audience bore witness alike to their feelings towards the exile, and the dramatic power of the actor. "He pleaded my cause before the Roman people", says Cicero (for it is he that tells the story), "with far more weight of eloquence than I could have pleaded for myself".[1]
[Footnote 1: Defence of Sestius, c. 56, &c.]
He had been visited with a remarkable dream, while staying with one of his friends in Italy, during the earlier days of his exile, which he now recalled with some interest. He tells us this story also himself, though he puts it into the mouth of another speaker, in his dialogue on "Divination". If few were so fond of introducing personal anecdotes into every place where he could find room for them, fewer still could tell them so well.
"I had lain awake a great part of the night, and at last towards dawn had begun to sleep soundly and heavily. I had given orders to my attendant that, in this case, though we had to start that very morning, strict silence should be kept, and that I was on no account to be disturbed; when about seven o'clock I awoke, and told him my dream. I thought I was wandering alone in some solitary place, when Caius Marius appeared to me, with his fasces bound with laurel, and asked why I was so sad? And when I answered that I had been driven from my country, he caught my hand, bade me be of good cheer, and put me under the guidance of his own lictor to lead me to his monument; there, he said, I should find my deliverance".
So indeed it had turned out. The temple dedicated to Honour and Virtue, in which the Senate sat when they passed the first resolution for Cicero's recall, was known as the "Monument of Marius". There is no need to doubt the perfect good faith of the story which he tells, and it may be set down as one of the earliest authenticated instances of a dream coming true. But if dreams are fashioned out of our waking imaginations, it is easy to believe that the fortunes of his great townsman Marius, and the scenes in the Senate at Rome, were continually present to the exile's thoughts.
His return was a triumphal progress. He landed at Brundusium on his daughter's birthday. She had only just lost her husband Piso, who had gallantly maintained her father's cause throughout, but she was the first to welcome him with tears of joy which overmastered her sorrow. He was careful to lose no chance of making his return impressive. He took his way to Rome with the slow march of a conqueror. The journey which Horace made easily in twelve days, occupied Cicero twenty-four. But he chose not the shortest but the most public route, through Naples, Capua, Minturnae, Terracina, and Aricia.
Let him tell the story of his own reception. If he tells it (as he does more than once) with an undisguised pride, it is a pride with which it is impossible not to sympathise. He boasted afterwards that he had been "carried back to Rome on the shoulders of Italy;" and Plutarch says it was a boast he had good right to make.
"Who does not know what my return home was like? How the people of Brundusium held out to me, as I might say, the right hand of welcome on behalf of all my native land? From thence to Rome my progress was like a march of all Italy. There was no district, no town, corporation, or colony, from which a public deputation was not sent to congratulate me. Why need I speak of my arrival at each place? how the people crowded the streets in the towns; how they flocked in from the country—fathers of families with wives and children? How can I describe those days, when all kept holiday, as though it were some high festival of the immortal gods, in joy for my safe return? That single day was to me like immortality; when I returned to my own city, when I saw the Senate and the population of all ranks come forth to greet me, when Rome herself looked as though she had wrenched herself from her foundations to rush to embrace her preserver. For she received me in such sort, that not only all sexes, ages, and callings, men and women, of every rank and degree, but even the very walls, the houses, the temples, seemed to share the universal joy".
The Senate in a body came out to receive him on the Appian road; a gilded chariot waited for him at the city gates; the lower class of citizens crowded the steps of the temples to see him as he passed; and so he rode, escorted by troops of friends, more than a conqueror, to the Capitol.
His exultation was naturally as intense as his despair had been. He made two of his most florid speeches (if indeed they be his, which is doubtful), one in the Senate and another to the people assembled in the Forum, in which he congratulated himself on his return, and Rome on having regained her most illustrious citizen. It is a curious note of the temper and logical capacities of the mob, in all ages of the world alike, that within a few hours of their applauding to the echo this speech of Cicero's, Clodius succeeded in exciting them to a serious riot by appealing to the ruinous price of corn as one of the results of the exile's return.
For nearly four years more, though unable to shake Cicero's recovered position in the state—for he was now supported by Pompey—Clodius and his partisans, backed by a strong force of trained gladiators in their pay, kept Rome in a state of anarchy which is almost inexplicable. It was more than suspected that Crassus, now utterly estranged from Pompey, supplied out of his enormous wealth the means of keeping on foot this lawless agitation. Elections were overawed, meetings of the Senate interrupted, assassinations threatened and attempted. Already men began to look to military rule, and to think a good cause none the worse for being backed by "strong battalions". Things were fast tending to the point where Pompey and Caesar, trusty allies as yet in profession and appearance, deadly rivals at heart, hoped to step in with their veteran legions. Even Cicero, the man of peace and constitutional statesman, felt comfort in the thought that this final argument could be resorted to by his own party. But Clodius's mob-government, at any rate, was to be put an end to somewhat suddenly. Milo, now one of the candidates for the consulship, a man of determined and unscrupulous character, had turned his own weapons against him, and maintained an opposition patrol of hired gladiators and wild-beast fighters. The Senate quite approved, if they did not openly sanction, this irregular championship of their order. The two parties walked the streets of Rome like the Capulets and Montagues at Verona; and it was said that Milo had been heard to swear that he would rid the city of Clodius if he ever got the chance. It came at last, in a casual meeting on the Appian road, near Bovillae. A scuffle began between their retainers, and Clodius was killed—his friends said, murdered. The excitement at Rome was intense: the dead body was carried and laid publicly on the Rostra. Riots ensued; Milo was obliged to fly, and renounce his hopes of power; and the Senate, intimidated, named Pompey—not indeed "Dictator", for the name had become almost as hateful as that of King—but sole consul, for the safety of the state.
Cicero had resumed his practice as an advocate, and was now called upon to defend Milo. But Pompey, either from some private grudge, or in order to win favour with the populace, determined that Milo should be convicted. The jury were overawed by his presence in person at the trial, and by the occupation by armed soldiers of all the avenues of the court under colour of keeping order. It was really as great an outrage upon the free administration of justice as the presence of a regiment of soldiers at the entrance to Westminster Hall would be at a modern trial for high treason or sedition. Cicero affected to see in Pompey's legionaries nothing more than the maintainers of the peace of the city. But he knew better; and the fine passage in the opening of his speech for the defence, as it has come down to us, is at once a magnificent piece of irony, and a vindication of the rights of counsel.
"Although I am conscious, gentlemen, that it is a disgrace to me to show fear when I stand here to plead in behalf of one of the bravest of men;—and especially does such weakness ill become me, that when Milo himself is far more anxious about the safety of the state than about his own, I should be unable to bring to his defence the like magnanimous spirit;—yet this strange scene and strangely constituted court does terrify my eyes, for, turn them where I will, I look in vain for the ancient customs of the Forum, and the old style of public trials. For your tribunal to-day is girt with no such audience as was wont; this is no ordinary crowd that hems us in. Yon guards whom you see on duty in front of all the temples, though set to prevent violence, yet still do a sort of violence to the pleader; since in the Forum and the count of justice, though the military force which surrounds us be wholesome and needful, yet we cannot even be thus freed from apprehension without looking with some apprehension on the means. And if I thought they were set there in hostile array against Milo, I would yield to circumstances, gentlemen, and feel there was no room for the pleader amidst such a display of weapons. But I am encouraged by the advice of a man of great wisdom and justice—of Pompey, who surely would not think it compatible with that justice, after committing a prisoner to the verdict of a jury, then to hand him over to the swords of his soldiers; nor consonant with his wisdom to arm the violent passions of a mob with the authority of the state. Therefore those weapons, those officers and men, proclaim to us not peril but protection; they encourage us to be not only undisturbed but confident; they promise me not only support in pleading for the defence, but silence for it to be listened to. As to the rest of the audience, so far as it is composed of peaceful citizens, all, I know, are on our side; nor is there any single man among all those crowds whom you see occupying every point from which a glimpse of this court can be gained, looking on in anxious expectation of the result of this trial, who, while he approves the boldness of the defendant, does not also feel that the fate of himself, his children, and his country, hangs upon the issue of to-day".
After an elaborate argument to prove that the slaying of Clodius by Milo was in self-defence, or, at the worst, that it was a fate which he well deserved as a public enemy, he closes his speech with a peroration, the pathos of which has always been admired:
"I would it had been the will of heaven—if I may say so with all reverence for my country, for I fear lest my duty to my client may make me say what is disloyal towards her—I would that Publius Clodius were not only alive, but that he were praetor, consul, dictator even, before my eyes had seen this sight! But what says Milo? He speaks like a brave man, and a man whom it is your duty to protect—'Not so—by no means', says he. 'Clodius has met the doom he well deserved: I am ready, if it must be so, to meet that which I do not deserve'. … But I must stop; I can no longer speak for tears; and tears are an argument which he would scorn for his defence. I entreat you, I adjure you, ye who sit here in judgment, that in your verdict you dare to give utterance to what I know you feel".
But the appeal was in vain, or rather, as far as we can ascertain, was never made,—at least in such powerful terms as those in which we read it. The great advocate was wholly unmanned by the scene before him, grew nervous, and broke down utterly in his speech for the defence. This presence of a military force under the orders of Pompey—the man in whom he saw, as he hoped, the good genius of Rome—overawed and disturbed him. The speech which we read is almost certainly not that which he delivered, but, as in the previous case of Verres, the finished and elaborate composition of his calmer hours. Milo was convicted by a large majority; in fact, there can be little doubt but that he was legally guilty, however political expediency might, in the eyes of Cicero and his party, have justified his deed. Cato sat on the jury, and did all he could to insure an acquittal, showing openly his voting-paper to his fellow jurors, with that scorn of the "liberty of silence" which he shared with Cicero.
Milo escaped any worse penalty by at once going into voluntary banishment at Marseilles. But he showed more practical philosophy than his advocate; for when he read the speech in his exile, he is said to have declared that "it was fortunate for him it was not spoken, or he should never have known the flavour of the red mullet of Marseilles".
The removal of Clodius was a deliverance upon which Cicero never ceased to congratulate himself. That "battle of Bovillae", as he terms it, became an era in his mental records of only less significance than his consulship. His own public life continued to be honourable and successful. He was elected into the College of Augurs, an honour which he had long coveted; and he was appointed to the government of Cilicia. This latter was a greatness literally "thrust upon him", and which he would gladly have declined, for it took him away in these eventful days from his beloved Rome; and to these grand opportunities for enriching himself he was, as has been said, honourably indifferent. The appointment to a distant province was, in fact, to a man like Cicero, little better than an honourable form of exile: it was like conferring on a man who had been, and might hope one day to be again, Prime Minister of England, the governor-generalship of Bombay.
One consolation he found on reaching his new government—that even in the farthest wilds of Cilicia there were people who had heard of "the consul who saved Rome". And again the astonished provincials marvelled at a governor who looked upon them as having rights of their own, and neither robbed nor ill-used them. He made a little war, too, upon some troublesome hill-tribes (intrusting the command chiefly to his brother Quintus, who had served with distinction under Caesar in Gaul), and gained a victory which his legions thought of sufficient importance to salute him with the honoured title of "imperator". Such military honours are especially flattering to men who, like Cicero, are naturally and essentially civilians; and to Cicero's vanity they were doubly delightful. Unluckily they led him to entertain hopes of the further glory of a triumph; and this, but for the revolution which followed, he might possibly have obtained. As it was, the only result was his parading about with him everywhere, from town to town, for months after his return, the lictors with laurelled fasces, which betokened that a triumph was claimed—a pompous incumbrance, which became, as he confessed, a grand subject for evil-disposed jesters, and a considerable inconvenience to himself.
CHAPTER V.
CICERO AND CAESAR.
The future master of Rome was now coming home, after nearly ten years' absence, at the head of the victorious legions with which he had struck terror into the Germans, overrun all Spain, left his mark upon Britain, and "pacified" Gaul. But Cicero, in common with most of the senatorial party, failed to see in Julius Caesar the great man that he was. He hesitated a little—Caesar would gladly have had his support, and made him fair offers; but when the Rubicon was crossed, he threw in his lot with Pompey. He was certainly influenced in part by personal attachment: Pompey seems to have exercised a degree of fascination over his weakness. He knew Pompey's indecision of character, and confessed that Caesar was "a prodigy of energy;" but though the former showed little liking for him, he clung to him nevertheless. He foreboded that, let the contest end which way it would, "the result would certainly be a despotism". He foresaw that Pompey's real designs were as dangerous to the liberties of Rome as any of which Caesar could be suspected. "Sullaturit animus", he says of him in one of his letters, coining a verb to put his idea strongly—"he wants to be like Sulla". And it was no more than the truth. He found out afterwards, as he tells Atticus, that proscription-lists of all Caesar's adherents had been prepared by Pompey and his partisans, and that his old friend's name figured as one of the victims. Only this makes it possible to forgive him for the little feeling that he showed when he heard of Pompey's own miserable end.
Cicero's conduct and motives at this eventful crisis have been discussed over and over again. It may be questioned whether at this date we are in any position to pass more than a very cautious and general judgment upon them. We want all the "state papers" and political correspondence of the day—not Cicero's letters only, but those of Caesar and Pompey and Lentulus, and much information besides that was never trusted to pen or paper—in order to lay down with any accuracy the course which a really unselfish patriot could have taken. But there seems little reason to accuse Cicero of double-dealing or trimming in the worst sense. His policy was unquestionably, from first to last, a policy of expedients. But expediency is, and must be more or less, the watchword of a statesman. If he would practically serve his country, he must do to some extent what Cicero professed to do—make friends with those in power. "Sic vivitur"—"So goes the world;" "Tempori serviendum est"—"We must bend to circumstances"—these are not the noblest mottoes, but they are acted upon continually by the most respectable men in public and private life, who do not open their hearts to their friends so unreservedly as Cicero does to his friend Atticus. It seemed to him a choice between Pompey and Caesar; and he probably hoped to be able so far to influence the former, as to preserve some shadow of a constitution for Rome. What he saw in those "dregs of a Republic",[1] as he himself calls it, that was worth preserving;—how any honest despotism could seem to him more to be dreaded than that prostituted liberty,—this is harder to comprehend. The remark of Abeken seems to go very near the truth—"His devotion to the commonwealth was grounded not so much upon his conviction of its actual merits, as of its fitness for the display of his own abilities".
[Footnote 1: "Faex Romuli".]
But that commonwealth was past saving even in name. Within two months of his having been declared a public enemy, all Italy was at Caesar's feet. Before another year was past, the battle of Pharsalia had been fought, and the great Pompey lay a headless corpse on the sea-shore in Egypt. It was suggested to Cicero, who had hitherto remained constant to the fortunes of his party, and was then in their camp at Dyrrachium, that he should take the chief command, but he had the sense to decline; and though men called him "traitor", and drew their swords upon him, he withdrew from a cause which he saw was lost, and returned to Italy, though not to Rome.
The meeting between him and Caesar, which came at last, set at rest any personal apprehensions from that quarter. Cicero does not appear to have made any dishonourable submission, and the conqueror's behaviour was nobly forgetful of the past. They gradually became on almost friendly terms. The orator paid the Dictator compliments in the Senate, and found that, in private society, his favourite jokes were repeated to the great man, and were highly appreciated. With such little successes he was obliged now to be content. He had again taken up his residence in Rome; but his political occupation was gone, and his active mind had leisure to employ itself in some of his literary works.
It was at this time that the blow fell upon him which prostrated him for the time, as his exile had done, and under which he claims our far more natural sympathy. His dear daughter Tullia—again married, but unhappily, and just divorced—died at his Tusculan villa. Their loving intercourse had undergone no change from her childhood, and his grief was for a while inconsolable. He shut himself up for thirty days. The letters of condolence from well-meaning friends were to him—as they so often are—as the speeches of the three comforters to Job. He turned in vain, as he pathetically says, to philosophy for consolation.
It was at this time that he wrote two of his philosophical treatises, known to us as 'The True Ends of Life',[1] and the 'Tusculan Disputations', of which more will be said hereafter. In this latter, which he named from his favourite country-house, he addressed himself to the subjects which suited best with his own sorrowful mood under his recent bereavement. How men might learn to shake off the terrors of death—nay, to look upon it rather as a release from pain and evil; how pain, mental and bodily, may best be borne; how we may moderate our passions; and, lastly, whether the practice of virtue be not all-sufficient for our happiness.
[Footnote 1: 'De Finibus Bonorum et Malorum'—a title hard to translate.]
A philosopher does not always find in himself a ready pupil. It was hardly so in Cicero's case. His arguments were incontrovertible; but he found them fail him sadly in their practical application to life. He never could shake off from himself that dread of death which he felt in a degree unusually vivid for a Roman. He sought his own happiness afterwards, as he had done before, rather in the exciting struggle of public life than in the special cultivation of any form of virtue; and he did not even find the remedy for his present domestic sorrow in any of those general moral reflections which philosophy, Christian as well as pagan, is so ready to produce upon such occasions; which are all so undeniable, and all so utterly unendurable to the mourner.
Cicero found his consolation, or that diversion of thought which so mercifully serves the purpose of consolation, where most men of active minds like his seek for it and find it—in hard work. The literary effort of writing and completing the works which have been just mentioned probably did more to soothe his mind than all the arguments which they contained. He resumed his practice as an advocate so far as to plead a cause before Caesar, now ruling as Dictator at Rome—the last cause, as events happened, that he was ever to plead. It was a cause of no great importance—a defence of Deiotarus, titulary king of Armenia, who was accused of having entertained designs against the life of Caesar while entertaining him as a guest in his palace. The Dictator reserved his judgment until he should have made his campaign against the Parthians. That more convenient season never came: for before the spring campaign could open, the fatal "Ides of March" cut short Caesar's triumphs and his life.
CHAPTER VI.
CICERO AND ANTONY.
It remained for Cicero yet to take a part in one more great national struggle—the last for Rome and for himself. No doubt there was some grandeur in the cause which he once more so vigorously espoused—the recovery of the liberties of Rome. But all the thunders of Cicero's eloquence, and all the admiration of modern historians and poets, fail to enlist our hearty sympathies with the assassins of Caesar. That "consecration of the dagger" to the cause of liberty has been the fruitful parent of too much evil ever since to make its use anything but hateful. That Cicero was among the actual conspirators is probably not true, though his enemies strongly asserted it. But at least he gloried in the deed when done, and was eager to claim all the honours of a tyrannicide. Nay, he went farther than the actual conspirators, in words at least; it is curious to find him so careful to disclaim complicity in the act. "Would that you had invited me to that banquet on the Ides of March! there would then have been no leavings from the feast",—he writes to Cassius. He would have had their daggers turned on Antony, at all events, as well as on Caesar. He wishes that "the gods may damn Caesar after he is dead;" professing on this occasion a belief in a future retribution, on which at other times he was sceptical. It is but right to remember all this, when the popular tide turned, and he himself came to be denounced to political vengeance. The levity with which he continually speaks of the assassination of Caesar—a man who had never treated him, at any rate, with anything but a noble forbearance—is a blot on Cicero's character which his warmest apologists admit.
The bloody deed in the Capitol was done—a deed which was to turn out almost what Goethe called it—"the most absurd that ever was committed". The great Dictator who lay there alone, a "bleeding piece of earth", deserted by the very men who had sought of late to crown him, was perhaps Rome's fittest master; certainly not the worst of the many with whom a personal ambition took the place of principle. Three slaves took up the dead body of their master, and carried it home to his house. Poor wretches! they knew nothing about liberty or the constitution; they had little to hope, and probably little to fear; they had only a humble duty to do, and did it. But when we read of them, and of that freedman who, not long before, sat by the dead body of Pompey till he could scrape together wreck from the shore to light some sort of poor funeral-pile, we return with a shudder of disgust to those "noble Romans" who occupy at this time the foreground of history.
Caesar had been removed, but it is plain that Brutus and Cassius and their party had neither the ability nor the energy to make any real use of their bloody triumph. Cicero soon lost all hope of seeing in them the liberators of his country, or of being able to guide himself the revolution which he hoped he had seen begun. "We have been freed", he writes to Atticus, "but we are not free". "We have struck down the tyrant, but the tyranny survives". Antony, in fact, had taken the place of Caesar as master of Rome—a change in all respects for the worse. He had surrounded himself with guards; had obtained authority from the Senate to carry out all decrees and orders left by the late Dictator; and when he could not find, amongst Caesar's memoranda, materials to serve his purpose, he did not hesitate to forge them. Cicero had no power, and might be in personal danger, for Antony knew his sentiments as to state matters generally, and more particularly towards himself. Rome was no longer any place for him, and he soon left it—this time a voluntary exile. He wandered from place to place, and tried as before to find interest and consolation in philosophy. It was now that he wrote his charming essays on 'Friendship' and on 'Old Age', and completed his work 'On the Nature of the Gods', and that on 'Divination'. His treatise 'De Officiis' (a kind of pagan 'Whole Duty of Man') is also of this date, as well as some smaller philosophical works which have been lost. He professed himself hopeless of his country's future, and disgusted with political life, and spoke of going to end his days at Athens.
But, as before and always, his heart was in the Forum at Rome. Political life was really the only atmosphere in which he felt himself breathe vigorously. Unquestionably he had also an earnest patriotism, which would have drawn him back to his country's side at any time when he believed that she had need of his help. He was told that he was needed there now; that there was a prospect of matters going better for the cause of liberty; that Antony was coming to terms of some kind with the party of Brutus,—and he returned.
For a short while these latter days brought with them a gleam of triumph almost as bright as that which had marked the overthrow of Catiline's conspiracy. Again, on his arrival at Rome, crowds rushed to meet him with compliments and congratulations, as they had done some thirteen years before. And in so far as his last days were spent in resisting to the utmost the basest of all Rome's bad men, they were to him greater than any triumph. Thenceforth it was a fight to the death between him and Antony; so long as Antony lived, there could be no liberty for Rome. Cicero left it to his enemy to make the first attack. It soon came. Two days after his return, Antony spoke vehemently in the Senate against him, on the occasion of moving a resolution to the effect that divine honours should be paid to Caesar. Cicero had purposely stayed away, pleading fatigue after his journey; really, because such a proposition was odious to him. Antony denounced him as a coward and a traitor, and threatened to send men to pull down his house about his head—that house which had once before been pulled down, and rebuilt for him by his remorseful fellow-citizens. Cicero went down to the Senate the following day, and there delivered a well-prepared speech, the first of those fourteen which are known to us as his 'Philippics'—a name which he seems first to have given to them in jest, in remembrance of those which his favourite model Demosthenes had delivered at Athens against Philip of Macedon. He defended his own conduct, reviewed in strong but moderate terms the whole policy of Antony, and warned him—still ostensibly as a friend—against the fate of Caesar. The speaker was not unconscious what his own might possibly be.
"I have already, senators, reaped fruit enough from my return home, in that I have had the opportunity to speak words which, whatever may betide, will remain in evidence of my constancy in my duty, and you have listened to me with much kindness and attention. And this privilege I will use so often as I may without peril to you and to myself; when I cannot, I will be careful of myself, not so much for my own sake as for the sake of my country. For me, the life that I have lived seems already well-nigh long enough, whether I look at my years or my honours; what little span may yet be added to it should be your gain and the state's far more than my own".
Antony was not in the house when Cicero spoke; he had gone down to his villa at Tibur. There he remained for a fortnight, brooding over his reply—taking lessons, it was said, from professors in the art of rhetorical self-defence. At last he came to Rome and answered his opponent. His speech has not reached us; but we know that it contained the old charges of having put Roman citizens to death without trial in the case of the abettors of Catiline, and of having instigated Milo to the assassination of Clodias. Antony added a new charge—that of complicity with the murderers of Caesar. Above all, he laughed at Cicero's old attempts as a poet; a mode of attack which, if not so alarming, was at least as irritating as the rest. Cicero was not present—he dreaded personal violence; for Antony, like Pompey at the trial of Milo, had planted an armed guard of his own men outside and inside the Senate-house. Before Cicero had nerved himself to reply, Antony had left Rome to put himself at the head of his legions, and the two never met again.
The reply, when it came, was the terrible second Philippic; never spoken, however, but only handed about in manuscript to admiring friends. There is little doubt, as Mr. Long observes, that Antony had also some friend kind enough to send him a copy; and if we may trust the Roman poet Juvenal, who is at least as likely to have been well informed upon the subject as any modern historian, this composition eventually cost the orator his life. It is not difficult to understand the bitter vindictiveness of Antony. Cicero had been not merely a political opponent; he had attacked his private character (which presented abundant grounds for such attack) with all the venom of his eloquence. He had said, indeed, in the first of these powerful orations, that he had never taken this line.
"If I have abused his private life and character, I have no right to complain if he is my enemy: but if I have only followed my usual custom, which I have ever maintained in public life,—I mean, if I have only spoken my opinion on public questions freely,—then, in the first place, I protest against his being angry with me at all: or, if this be too much to expect, I demand that he should be angry with me only as with a fellow-citizen".
If there had been any sort of reticence on this point hitherto on the part of Cicero, he made up for it in this second speech. Nothing can equal its bitter personality, except perhaps its rhetorical power. He begins the attack by declaring that he will not tell all he knows—"in order that, if we have to do battle again hereafter, I may come always fresh-armed to the attack; an advantage which the multiplicity of that man's crimes and vices gives me in large measure". Then he proceeds:
"Would you like us, then, to examine into your course of life from boyhood? I conclude you would. Do you remember that before you put on the robe of manhood, you were a bankrupt? That was my father's fault, you will say. I grant it—it is a defence that speaks volumes for your feelings as a son. It was your own shamelessness, however, that made you take your seat in the stalls of honourable knights, whereas by law there is a fixed place for bankrupts, even when they have become so by fortune's fault, and not their own. You put on the robe which was to mark your manhood,—on your person it became the flaunting gear of a harlot".
It is not desirable to follow the orator through some of his accusations; when he had to lash a man whom he held to be a criminal, he did not much care where or how he struck. He even breaks off himself—after saying a good deal.
"There are some things, which even a decent enemy hesitates to speak of…. Mark, then, his subsequent course of life, which I will trace as rapidly as I can. For though these things are better known to you than even to me, yet I ask you to hear me with attention—as indeed you do; for it is right that in such cases men's feelings should be roused not merely by the knowledge of the facts, but by calling them back to their remembrance; though we must dash at once, I believe, into the middle of his history, lest we should be too long in getting to the end".
The peroration is noble and dignified, in the orator's best style. He still supposes himself addressing his enemy. He has warned Antony that Caesar's fate may be his: and he is not unconscious of the peril in which his own life may stand.
"But do you look to yourself—I will tell you how it stands with me. I defended the Commonwealth when I was young—I will not desert it now I am old. I despised the swords of Catiline—I am not likely to tremble before yours. Nay, I shall lay my life down gladly, if the liberty of Rome can be secured by my death, so that this suffering nation may at last bring to the birth that which it his long been breeding.[1] If, twenty years ago, I declared in this house that death could never be said to have come before its time to a man who had been consul of Rome, with how much more truth, at my age, may I say it now! To me indeed, gentlemen of the Senate, death may well be a thing to be even desired, when I have done what I have done and reaped the honours I have reaped. Only two wishes I have,—the one, that at my death I may leave the Roman people free—the immortal gods can give me no greater boon than this; the other, that every citizen may meet with such reward as his conduct towards the state may have deserved".
[Footnote 1: I.e., the making away with Antony.]
The publication of this unspoken speech raised for the time an enthusiasm against Antony, whom Cicero now openly declared to be an enemy to the state. He hurled against him Philippic after Philippic. The appeal at the end of that which comes the sixth in order is eloquent enough.
"The time is come at last, fellow-citizens; somewhat too late, indeed, for the dignity of the people of Rome, but at least the crisis is so ripe, that it cannot now be deferred an instant longer. We have had one calamity sent upon us, as I may say, by fate, which we bore with—in such sort as it might be borne. If another befalls us now, it will be one of our own choosing. That this Roman people should serve any master, when the gods above have willed us to be the masters of the world, is a crime in the sight of heaven. The question hangs now on its last issue. The struggle is for our liberties. You must either conquer, Romans,—and this, assuredly, with such patriotism and such unanimity as I see here, you must do, or you must endure anything and everything rather than be slaves. Other nations may endure the yoke of slavery, but the birthright of the people of Rome is liberty".
Antony had left Rome, and thrown himself, like Catiline, into the arms of his soldiers, in his province of Cisalpine Gaul. There he maintained himself in defiance of the Senate, who at last, urged by Cicero, declared him a public enemy. Caesar Octavianus (great-nephew of Julius) offered his services to the state, and with some hesitation they were accepted. The last struggle was begun. Intelligence soon arrived that Antony had been defeated at Mutina by the two last consuls of the Republic, Hirtius and Pansa. The news was dashed, indeed, afterwards by the further announcement that both consuls had died of their wounds. But it was in the height of the first exultation that Cicero addressed to the Senate his fourteenth Philippic—the last oration which he was ever to make. For the moment, he found himself once more the foremost man at Rome. Crowds of roaring patriots had surrounded his house that morning, escorted him in triumph up to the Capitol, and back to his own house, as they had done in the days of his early glory. Young Caesar, who had paid him much personal deference, was professing himself a patriot; the Commonwealth was safe again—and Cicero almost thought that he again himself had saved it.
But Rome now belonged to those who had the legions. It had come to that: and when Antony succeeded in joining interests with Octavianus (afterwards miscalled Augustus)—"the boy", as both Cicero and Antony called him—a boy in years as yet, but premature in craft and falsehood—who had come "to claim his inheritance", and succeeded in rousing in the old veterans of his uncle the desire to take vengeance a on his murderers, the fate of the Republic and of Cicero was sealed.
It was on a little eyot formed by the river Reno, near Bologna, that Antony, young Caesar, and Lepidus (the nominal third in what is known as the Second Triumvirate) met to arrange among themselves the division of power, and what they held to be necessary, to the securing it for the future—the proscription of their several enemies. No private affections or interests were to be allowed to interfere with this merciless arrangement. If Lepidus would give up his brother, Antony would surrender an obnoxious uncle. Octavianus made a cheaper sacrifice in Cicero, whom Antony, we may be sure, with those terrible Philippics ringing in his ears, demanded with an eager vengeance. All was soon amicably settled; the proscription-lists were made out, and the Triumvirate occupied Rome.
Cicero and his brother—whose name was known to be also on the fatal roll—heard of it while they were together at the Tusculan villa. Both took immediate measures to escape. But Quintus had to return to Rome to get money for their flight, and, as it would appear, to fetch his son. The emissaries of the Triumvirate were sent to search the house: the father had hid himself, but the son was seized, and refusing to give any information, was put to the torture. His father heard his cries of agony, came forth from his hiding-place, and asked only to be put to death first. The son in his turn made the same request, and the assassins were so far merciful that they killed both at once.
Cicero himself might yet have escaped, but for some thing of his old indecision. He had gone on board a small vessel with the intention of joining Brutus in Macedonia, when he suddenly changed his mind, and insisted on being put on shore again. He wandered about, half-resolving (for the third) time on suicide. He would go to Rome, stab himself on the altar-hearth in young Caesar's house, and call down the vengeance of heaven upon the traitor. The accounts of these last hours of his life are, unfortunately, somewhat contradictory, and none of the authorities to be entirely depended on; Abeken has made a careful attempt to harmonise them, which it will be best here to follow.
Urged by the prayers of his slaves, the faithful adherents of a kind master, he once more embarked, and once more (Appian says, from sea-sickness, which he never could endure) landed near Caieta, where be had a seaside villa. Either there, or, as other accounts say, at his house at Formiae, he laid himself down to pass the night, and wait for death. "Let me die", said he, "in my own country, which I have so often saved". But again the faithful slaves aroused him, forced him into a litter, and hurried him down through the woods to the sea-shore—for the assassins were in hot pursuit of him. They found his house shut up; but some traitor showed them a short cut by which to overtake the fugitive. As he lay reading (it is said), even during these anxious moments, a play of his favourite Euripides, every line of whom he used to declare contained some maxim worth remembering, he heard their steps approaching, and ordered the litter to be set down. He looked out, and recognised at the head of the party an officer named Laenas, whom he had once successfully defended on a capital charge; but he saw no gratitude or mercy in the face, though there were others of the band who covered their eyes for pity, when they saw the dishevelled grey hair and pale worn features of the great Roman (he was within a month of sixty-four). He turned from Laenas to the centurion, one Herennius, and said, "Strike, old soldier, if you understand your trade!" At the third blow—by one or other of those officers, for both claimed the evil honour—his head was severed. They carried it straight to Antony, where he sat on the seat of justice in the Forum, and demanded the offered reward. The triumvir, in his joy, paid it some ten times over. He sent the bloody trophy to his wife; and the Roman Jezebel spat in the dead face, and ran her bodkin through the tongue which had spoken those bold and bitter truths against her false husband. The great orator fulfilled, almost in the very letter, the words which, treating of the liberty of the pleader, he had put into the mouth of Crassus—"You must cut out this tongue, if you would check my free speech: nay, even then, my very breathing should protest against your lust for power". The head, by Antony's order, was then nailed upon the Rostra, to speak there, more eloquently than ever the living lips had spoken, of the dead liberty of Rome.
CHAPTER VII.
CHARACTER AS A POLITICIAN AND AN ORATOR.
Cicero shared very largely in the feeling which is common to all men of ambition and energy,—a desire to stand well not only with their own generation, but with posterity. It is a feeling natural to every man who knows that his name and acts must necessarily become historical. If it is more than usually patent in Cicero's case, it is only because in his letters to Atticus we have more than usual access to the inmost heart of the writer; for surely such a thoroughly confidential correspondence has never been published before or since. "What will history say of me six hundred years hence?" he asks, unbosoming himself in this sort to his friend. More than thrice the six hundred years have passed, and, in Cicero's case, history has hardly yet made up its mind. He has been lauded and abused, from his own times down to the present, in terms as extravagant as are to be found in the most passionate of his own orations; both his accusers and his champions have caught the trick of his rhetorical exaggeration more easily than his eloquence. Modern German critics like Drumann and Mommsen have attacked him with hardly less bitterness, though with more decency, than the historian Dio Cassius, who lived so near his own times. Bishop Middleton, on the other hand, in those pleasant and comprehensive volumes which are still to this day the great storehouse of materials for Cicero's biography, is as blind to his faults as though he were himself delivering a panegyric in the Rostra at Rome. Perhaps it is the partiality of the learned bishop's view which has produced a reaction in the minds of sceptical German scholars, and of some modern writers of our own. It is impossible not to sympathise in some degree with that Athenian who was tired of always hearing Aristides extolled as "the Just;" and there was certainly a strong temptation to critics to pick holes in a man's character who was perpetually, during his lifetime and for eighteen centuries after his death, having a trumpet sounded before him to announce him as the prince of patriots as well as philosophers; worthy indeed, as Erasmus thought, to be canonised as a saint of the Catholic Church, but for the single drawback of his not having been a Christian.
On one point some of his eulogists seem manifestly unfair. They say that the circumstances under which we form our judgment of the man are exceptional in this—that we happen to possess in his case all this mass of private and confidential letters (there are nearly eight hundred of his own which have come down to us), giving us an insight into his private motives, his secret jealousies, and hopes, and fears, and ambitions, of which in the case of other men we have no such revelation. It is quite true; but his advocates forget that it is from the very same pages which reveal his weaknesses, that they draw their real knowledge of many of those characteristics which they most admire—his sincere love for his country, his kindness of heart, his amiability in all his domestic relations. It is true that we cannot look into the private letters of Caesar, or Pompey, or Brutus, as we can into Cicero's; but it is not so certain that if we could, our estimate of their characters would be lowered. We might discover, in their cases as in his, many traces of what seems insincerity, timidity, a desire to sail with the stream; we might find that the views which they expressed in public were not always those which they entertained in private; but we might also find an inner current of kindness, and benevolence, and tenderness of heart, for which the world gives them little credit. One enthusiastic advocate, Wieland, goes so far as to wish that this kind of evidence could, in the case of such a man as Cicero, have been "cooked", to use a modern phrase: that we could have had only a judicious selection from this too truthful mass, of correspondence; that his secretary, Tiro, or some judicious friend, had destroyed the whole packet of letters in which the great Roman bemoaned himself, during his exile from Rome, to his wife, to his brother, and to Atticus. The partisan method of writing history, though often practised, has seldom been so boldly professed.
But it cannot be denied, that if we know too much of Cicero to judge him merely by his public life, as we are obliged to do with so many heroes of history, we also know far too little of those stormy times in which he lived, to pronounce too strongly upon his behaviour in such difficult circumstances. The true relations between the various parties at Rome, as we have tried to sketch them, are confessedly puzzling even to the careful student. And without a thorough understanding of these, it is impossible to decide, with any hope of fairness, upon Cicero's conduct as a patriot and a politician. His character was full of conflicting elements, like the times in which he lived, and was necessarily in a great degree moulded by them. The egotism which shows itself so plainly alike in his public speeches and in his private writings, more than once made him personal enemies, and brought him into trouble, though it was combined with great kindness of heart and consideration for others. He saw the right clearly, and desired to follow it, but his good intentions were too often frustrated by a want of firmness and decision. His desire to keep well with men of all parties, so long as it seemed possible (and this not so much from the desire of self-aggrandisement, as from a hope through their aid to serve the commonwealth) laid him open on more than one occasion to the charge of insincerity.
There is one comprehensive quality which may be said to lave been wanting in his nature, which clouded his many excellences, led him continually into false positions, and even in his delightful letters excites in the reader, from time to time, an impatient feeling of contempt. He wanted manliness. It was a quality which was fast dying out, in his day, among even the best of the luxurious and corrupt aristocracy of Rome. It was perhaps but little missed in his character by those of his contemporaries who knew and loved him best. But without that quality, to an English mind, it is hard to recognise in any man, however brilliant and amiable, the true philosopher or hero.
The views which this great Roman politician held upon the vexed question of the ballot did not differ materially from those of his worthy grandfather before-mentioned.[1] The ballot was popular at Rome,—for many reasons, some of them not the most creditable to the characters of the voters; and because it was popular, Cicero speaks of it occasionally, in his forensic speeches, with a cautious praise; but of his real estimate of it there can be no kind of doubt. "I am of the same opinion now", he writes to his brother, "that ever I was; there is nothing like the open suffrage of the lips". So in one of his speeches, he uses even stronger language: "The ballot", he says, "enables men to open their faces, and to cover up their thoughts; it gives them licence to promise whatever they are asked, and at the same time to do whatever they please". Mr. Grote once quoted a phrase of Cicero's, applied to the voting-papers of his day, as a testimony in favour of this mode of secret suffrage—grand words, and wholly untranslatable into anything like corresponding English—"Tabella vindex tacitae libertatis"—"the tablet which secures the liberty of silence". But knowing so well as Cicero did what was the ordinary character of Roman jurors and Roman voters, and how often this "liberty of silence" was a liberty to take a bribe and to vote the other way, one can almost fancy that we see upon his lips, as he utters the sounding phrase, that playful curve of irony which is said to have been their characteristic expression.[2] Mr. Grote forgot, too, as was well pointed out by a writer in the 'Quarterly Review',[3] that in the very next sentence the orator is proud to boast that he himself was not so elected to office, but "by the living voices" of his fellow-citizens.
[Footnote 1: See p. 3.]
[Footnote 2: No bust, coin, or gem is known which bears any genuine likeness of Cicero. There are several existing which purport to be such, but all are more or less apocryphal.]
[Footnote 3: Quart. Rev., lxi. 522.]
The character of his eloquence may be understood in some degree by the few extracts which have been given from his public speeches; always remembering how many of its charms are necessarily lost by losing the actual language in which his thoughts were clothed. We have lost perhaps nearly as much in another way, in that we can only read the great orator instead of listening to him. Yet it is possible, after all, that this loss to us is not so great as it might seem. Some of his best speeches, as we know—those, for instance, against Verres and in defence of Milo—were written in the closet, and never spoken at all; and most of the others were reshaped and polished for publication. Nor is it certain that his declamation, which some of his Roman rivals found fault with as savouring too much of the florid Oriental type, would have been agreeable to our colder English taste. He looked upon gesture and action as essential elements of the orator's power, and had studied them carefully from the artists of the theatre. There can be no doubt that we have his own views on this point in the words which he has put into the mouth of his "Brutus", in the treatise on oratory which bears that name. He protests against the "Attic coldness" of style which, he says, would soon empty the benches of their occupants. He would have the action and bearing of the speaker to be such that even the distant spectator, too far off to hear, should "know that there was a Roscius on the stage". He would have found a French audience in this respect more sympathetic than an English one.[1] His own highly nervous temperament would certainly tend to excited action. The speaker, who, as we are told, "shuddered visibly over his whole body when he first began to speak", was almost sure, as he warmed to his work, to throw himself into it with a passionate energy.
[Footnote 1: Our speakers certainly fall into the other extreme. The British orator's style of gesticulation may still be recognised, mutatis mutandis, in Addison's humorous sketch of a century ago: "You may see many a smart rhetorician turning his hat in his hands, moulding it into several different cocks, examining sometimes the lining and sometimes the button, during the whole course of his harangue. A deaf man would think that he was cheapening a beaver, when he is talking perhaps of the fate of the British nation".]
He has put on record his own ideas of the qualifications and the duties of the public speaker, whether in the Senate or at the bar, in three continuous treatises on the subject, entitled respectively, 'On Oratory', 'Brutus', and 'The Orator', as well as in some other works of which we have only fragments remaining. With the first of these works, which he inscribed to his brother, he was himself exceedingly well satisfied, and it perhaps remains still the ablest, as it was the first, attempt to reduce eloquence to a science. The second is a critical sketch of the great orators of Rome: and in the third we have Cicero's view of what the perfect orator should be. His ideal is a high one, and a true one; that he should not be the mere rhetorician, any more than the mere technical lawyer or keen partisan, but the man of perfect education and perfect taste, who can speak on all subjects, out of the fulness of his mind, "with variety and copiousness".
Although, as has been already said, he appears to have attached but little value to a knowledge of the technicalities of law, in other respects his preparation for his work was of the most careful kind; if we may assume, as we probably may, that it is his own experience which, in his treatise on Oratory, he puts into the mouth of Marcus Antonius, one of his greatest predecessors at the Roman bar.
"It is my habit to have every client explain to me personally his own case; to allow no one else to be present, that so he may speak more freely. Then I take the opponent's side, while I make him plead his own cause, and bring forward whatever arguments he can think of. Then, when he is gone, I take upon myself, with as much impartiality as I can, three different characters—my own, my opponent's, and that of the jury. Whatever point seems likely to help the case rather than injure it, this I decide must be brought forward; when I see that anything is likely to do more harm than good, I reject and throw it aside altogether. So I gain this,—that I think over first what I mean to say, and speak afterwards; while a good many pleaders, relying on their abilities, try to do both at once".[1]
[Footnote 1: De Oratore, II. 24, 72.]
He reads a useful lesson to young and zealous advocates in the same treatise—that sometimes it may be wise not to touch at all in reply upon a point which makes against your client, and to which you have no real answer; and that it is even more important to say nothing which may injure your case, than to omit something which might possibly serve it. A maxim which some modern barristers (and some preachers also) might do well to bear in mind.
Yet he did not scorn to use what may almost be called the tricks of his art, if he thought they would help to secure him a verdict. The outward and visible appeal to the feelings seems to have been as effective in the Roman forum as with a British jury. Cicero would have his client stand by his side dressed in mourning, with hair dishevelled, and in tears, when he meant to make a pathetic appeal to the compassion of the jurors; or a family group would be arranged, as circumstances allowed,—the wife and children, the mother and sisters, or the aged father, if presentable, would be introduced in open court to create a sensation at the right moment. He had tears apparently as ready at his command as an eloquent and well-known English Attorney-General. Nay, the tears seem to have been marked down, as it were, upon his brief. "My feelings prevent my saying more", he declares in his defence of Publius Sylla. "I weep while I make the appeal"—"I cannot go on for tears"—he repeats towards the close of that fine oration in behalf of Milo—the speech that never was spoken. Such phrases remind us of the story told of a French preacher, whose manuscripts were found to have marginal stage directions: "Here take out your handkerchief;"—"here cry—if possible". But such were held to be the legitimate adjuncts of Roman oratory, and it is quite possible to conceive that the advocate, like more than one modern tragedian who could be named, entered so thoroughly into the spirit of the part that the tears flowed quite naturally.
A far less legitimate weapon of oratory—offensive and not defensive—was the bitter and coarse personality in which he so frequently indulged. Its use was held perfectly lawful in the Roman forum, whether in political debate or in judicial pleadings, and it was sure to be highly relished by a mixed audience. There is no reason to suppose that Cicero had recourse to it in any unusual degree; but employ it he did, and most unscrupulously. It was not only private character that he attacked, as in the case of Antony and Clodius, but even personal defects or peculiarities were made the subject of bitter ridicule. He did not hesitate to season his harangue by a sarcasm on the cast in the prosecutor's eye, or the wen on the defendant's neck, and to direct the attention of the court to these points, as though they were corroborative evidence of a moral deformity. The most conspicuous instance of this practice of his is in the invective which he launched in the Senate against Piso, who had made a speech reflecting upon him. Referring to Cicero's exile, he had made that sore subject doubly sore by declaring that it was not Cicero's unpopularity, so much as his unfortunate propensity to bad verse, which had been the cause of it. A jingling line of his to the effect that