Lucius Æmilius Paullus and C. Clodius Marcellus were Consuls for the next year. Cicero writes to both of them with tenders of friendship; but from both of them he asks that they should take care to have a decree of the Senate passed praising his doings in Cilicia.97 With us, too, a returning governor is anxious enough for a good word from the Prime-minister; but he does not ask for it so openly. The next letter from Cælius tells him that Appius has been accused as to malpractices in his government, and that Pompey is in favor of Appius. Curio has gone over to Cæsar. But the important subject is the last handled: "It will be mean in you if I should have no Greek panthers."98 The next refers to the marriages and divorces of certain ladies, and ends with an anecdote told as to a gentleman with just such ill-natured wit as is common in London. No one could have suspected Ocella of looking after his neighbor's wife unless he had been detected thrice in the fact.99

From Laodicea he answers a querulous letter which his predecessor had written, complaining, among other things, that Cicero had failed to show him personal respect. He proves that he had not done so, and then rises to a strain of indignation. "Do you think that your grand old names will affect me who, even before I had become great in the service of my country, knew how to distinguish between titles and the men who bore them?"100

The next letter to Appius is full of flattery, and asking for favors, but it begins with a sharp reproof. "Now at last I have received an epistle worthy of Appius Claudius. The sight of Rome has restored you to your good-humor. Those I got from you in your journey were such that I could not read them without displeasure."101

In February Cicero wrote a letter to Atticus which is, I think, more expressive in describing the mind of the man than any other which we have from him. In it is commenced the telling of a story respecting Brutus—the Brutus we all know so well—and one Scaptius, of whom no one would have heard but for this story, which, as it deeply affects the character of Cicero, must occupy a page or two in our narrative; but I must first refer to his own account of his own government as again given here. Nothing was ever so wonderful to the inhabitants of a province as that they should not have been put to a shilling of expense since he had entered it. Not a penny had been taken on his own behalf or on that of the Republic by any belonging to him, except on one day by one Tullius, and by him indeed under cover of the law. This dirty fellow was a follower with whom Titinius had furnished him. When he was passing from Tarsus back into the centre of his province wondering crowds came out to him, the people not understanding how it had been that no letters had been sent to them exacting money, and that none of his staff had been quartered on them. In former years during the winter months they had groaned under exactions. Municipalities with money at their command had paid large sums to save themselves from the quartering of soldiers on them. The island of Cyprus, which on a former occasion had been made to pay nearly £50,000 on this head,102 had been asked for nothing by him. He had refused to have any honors paid to him in return for this conduct. He had prohibited the erection of statues, shrines, and bronze chariots in his name—compliments to Roman generals which had become common. The harvest that year was bad; but so fully convinced were the people of his honest dealing, that they who had saved up corn—the regraters—brought it freely into market at his coming. As some scourge from hell must have been the presence of such governors as Appius and his predecessors among a people timid but industrious like these Asiatic Greeks. Like an unknown, unexpected blessing, direct from heaven, must have been the coming of a Cicero.

Now I will tell the story of Brutus and Scaptius and their money—premising that it has been told by Mr. Forsyth with great accuracy and studied fairness. Indeed, there is not a line in Mr. Forsyth's volume which is not governed by a spirit of justice. He, having thought that Cicero had been too highly praised by Middleton, and too harshly handled by subsequent critics, has apparently written his book with the object of setting right these exaggerations. But in his comments on this matter of Brutus and Scaptius he seems to me not to have considered the difference in that standard of honor and honesty which governs himself, and that which prevailed in the time of Cicero. Not seeing, as I think, how impossible it was for a Roman governor to have achieved that impartiality of justice with which a long course of fortunate training has imbued an English judge, he accuses Cicero of "trifling with equity." The marvel to me is that one man such as Cicero—a man single in his purpose—should have been able to raise his own ideas of justice so high above the level prevailing with the best of those around him. It had become the nature of a Roman aristocrat to pillage an ally till hardly the skin should be left to cover the man's bones. Out of this nature Cicero elevated himself completely. In his own conduct he was free altogether from stain. The question here arose how far he could dare to go on offending the instincts, the habits, the nature, of other noble Romans, in protecting from their rapacity the poor subjects who were temporarily beneath his charge. It is easy for a judge to stand indifferent between a great man and a little when the feelings of the world around him are in favor of such impartiality; but it must have been hard enough to do so when such conduct seemed to the noblest Romans of the day to be monstrous, fanatical, and pretentious.

In this case Brutus, our old friend whom all English readers have so much admired because he dared to tell his brother-in-law Cassius that he was

appears before us in the guise of an usurious money-lender. It would be hard in the history of usury to come across the well-ascertained details of a more grasping, griping usurer. His practice had been of the kind which we may have been accustomed to hear rebuked with the scathing indignation of our just judges. But yet Brutus was accounted one of the noblest Romans of the day, only second, if second, to Cato in general virtue and philosophy. In this trade of money-lending the Roman nobleman had found no more lucrative business than that of dealing with the municipalities of the allies. The cities were peopled by a money-making, commercial race, but they were subjected to the grinding impositions of their governors. Under this affliction they were constantly driven to borrow money, and found the capitalists who supplied it among the class by whom they were persecuted and pillaged. A Brutus lent the money which an Appius exacted—and did not scruple to do so at forty-eight per cent., although twelve per cent. per annum, or one per cent. per month, was the rate of interest permitted by law.

But a noble Roman such as Brutus did not carry on his business of this nature altogether in his own name. Brutus dealt with the municipality of Salamis in the island of Cyprus, and there had two agents, named Scaptius and Matinius, whom he specially recommended to Cicero as creditors of the city of Salamis, praying Cicero, as governor of the province, to assist these men in obtaining the payment of their debts.103 This was quite usual, but it was only late in the transaction that Cicero became aware that the man really looking for his money was the noble Roman who gave the recommendation. Cicero's letter tells us that Scaptius came to him, and that he promised that for Brutus's sake he would take care that the people of Salamis should pay their debt.104 Scaptius thanked him, and asked for an official position in Salamis which would have given him the power of compelling the payment by force. Cicero refused, explaining that he had determined to give no such offices in his province to persons engaged in trade. He had refused such requests already—even to Pompey and to Torquatus. Appius had given the same man a military command in Salamis—no doubt also at the instance of Brutus—and the people of Salamis had been grievously harassed. Cicero had heard of this, and had recalled the man from Cyprus. Of this Scaptius had complained bitterly, and at last he and delegates from Salamis who were willing to pay their debt, if they could only do it without too great extortion, went together to Cicero who was then at Tarsus, in the most remote part of his province. Here he was called upon to adjudicate in the matter, Scaptius trusting to the influence which Brutus would naturally have with his friend the governor, and the men of Salamis to the reputation for justice which Cicero had already created for himself in Cilicia. The reader must also be made to understand that Cicero had been entreated by Atticus to oblige Brutus, who was specially the friend of Atticus. He must remember also that this narrative is sent by Cicero to Atticus, who exhorted his correspondent, even with tears in his eyes, to be true to his honor in the government of his province.105 He is appealing from Atticus to Atticus. I am bound to oblige you—but how can I do so in opposition to your own lessons? That is his argument to Atticus.

Then there arises a question as to the amount of money due. The principal is not in dispute, but the interest. The money has been manifestly lent on an understanding that four per cent. per month, or forty-eight per cent. per annum, should be charged on it. But there has been a law passed that higher interest than one per cent. per month, or twelve per cent. per annum, shall not be legal. There has, however, been a counter decree made in regard to these very Salaminians, and made apparently at the instigation of Brutus, saying that any contract with them shall be held in force, notwithstanding the law. But Cicero again has made a decree that he will authorize no exaction above twelve per cent. in his province. The exact condition of the legal claim is less clear to me than to Mr. Forsyth, who has the advantage of being a lawyer. Be that as it may, Cicero decides that twelve per cent. shall be exacted, and orders the Salaminians to pay the amount. To his request they demur, but at last agree to obey, alleging that they are enabled to do so by Cicero's own forbearance to them, Cicero having declined to accept the presents which had been offered to him from the island.106 They will therefore pay this money in some sort, as they say, out of the governor's own pocket.

But when the sum is fixed, Scaptius, finding that he cannot get it over-reckoned after some fraudulent scheme of his own, declines to receive it. If with the assistance of a friendly governor he cannot do better than that for himself and his employer, things must be going badly with Roman noblemen. But the delegates are now very anxious to pay this money, and offer to deposit it. Scaptius begs that the affair shall go no farther at present, no doubt thinking that he may drive a better bargain with some less rigid future governor. The delegates request to be allowed to place their money as paid in some temple, by doing which they would acquit themselves of all responsibility; but Cicero begs them to abstain. "Impetravi ab Salaminiis ut silerent," he says. "I shall be grieved, indeed, that Brutus should be angry with me," he writes; "but much more grieved that Brutus should have proved himself to be such as I shall have found him."

Then comes the passage in his letter on the strength of which Mr. Forsyth has condemned Cicero, not without abstract truth in his condemnation: "They, indeed, have consented"—that is the Salaminians—"but what will befall them if some such governor as Paulus should come here? And all this I have done for the sake of Brutus!" Æmilius Paulus was the Consul, and might probably have Cilicia as a province, and would no doubt give over the Salaminians to Brutus and his myrmidons without any compunction. In strictness—with that assurance in the power of law by means of which our judges are enabled to see that their righteous decisions shall be carried out without detriment to themselves—Cicero should have caused the delegates from Salamis instantly to have deposited their money in the temple. Instead of doing so, he had only declared the amount due according to his idea of justice—in opposition to all Romans, even to Atticus—and had then consented to leave the matter, as for some further appeal. Do we not know how impossible it is for a man to abide strictly by the right, when the strict right is so much in advance of all around him as to appear to other eyes than his own as straitlaced, unpractical, fantastic, and almost inhuman? Brutus wanted his money sorely, and Brutus was becoming a great political power on the same side with Pompey, and Cato, and the other "optimates." Even Atticus was interfering for Brutus. What other Roman governor of whom we have heard would have made a question on the subject? Appius had lent a guard of horse-soldiers to this Scaptius with which he had outraged all humanity in Cyprus—had caused the councillors of the city to be shut up till they would come to obedience, in doing which he had starved five of them to death! Nothing had come of this, such being the way with the Romans in their provinces. Yet Cicero, who had come among these poor wretches as an unheard-of blessing from heaven, is held up to scorn because he "trifled with equity!" Equity with us runs glibly on all fours. With Appius in Cilicia it was utterly unknown. What are we to say of the man who, by the strength of his own conscience and by the splendor of his own intellect, could advance so far out of the darkness of his own age, and bring himself so near to the light of ours!

Let us think for a moment of our own Francis Bacon, a man more like to Cicero than any other that I can remember in history. They were both great lawyers, both statesmen, both men affecting the omne scibile, and coming nearer to it than perhaps any other whom we can name; both patriots, true to their conceived idea of government, each having risen from obscure position to great power, to wealth, and to rank; each from his own education and his nature prone to compromise, intimate with human nature, not over-scrupulous either as to others or as to himself. They were men intellectually above those around them, to a height of which neither of them was himself aware. To flattery, to admiration, to friendship, and to love each of them was peculiarly susceptible. But one failed to see that it behooved him, because of his greatness, to abstain from taking what smaller men were grasping; while the other swore to himself from his very outset that he would abstain—and kept the oath which he had sworn. I am one who would fain forgive Bacon for doing what I believe that others did around him; but if I can find a man who never robbed, though all others around him did—in whose heart the "auri sacra fames" had been absolutely quenched, while the men with whom he had to live were sickening and dying with an unnatural craving—then I seem to have recognized a hero.

Another complaint is made against Cicero as to Ariobarzanes, the King of Cappadocia, and is founded, as are all complaints against Cicero, on Cicero's own telling of the story in question. Why there should have been complaint in this matter I have not been able to discover. Ariobarzanes was one of those Eastern kings who became milch cows to the Roman nobles, and who, in their efforts to satisfy the Roman nobles, could only fleece then own subjects. The power of this king to raise money seems to have been limited to about £8000 a month.107 Out of this he offered a part to Cicero as the Proconsul who was immediately over him. This Cicero declined, but pressed the king to pay the money to the extortionate Brutus, who was a creditor, and who endeavored to get this money through Cicero. But Pompey also was a creditor, and Pompey's name was more dreadful to the king than that of Brutus. Pompey, therefore, got it all, though we are told that it was not enough to pay him his interest; but Pompey, getting it all, was graciously pleased to be satisfied "Cnæus noster clementer id fert." "Our Cicero puts up with that, and asks no questions about the capital," says Cicero, ironically. Pompey was too wise to kill the goose that laid such golden eggs. Nevertheless, we are told that Cicero, in this case, abused his proconsular authority in favor of Brutus. Cicero effected nothing for Brutus; but, when there was a certain amount of plunder to be divided among the Romans, refused any share for himself. Pompey got it all, but not by Cicero's aid.

There is another long letter, in which Cicero again, for the third time, tells the story of Brutus and Scaptius.108 I mention it, as he continues to describe his own mode of doing his work. He has been at Laodicea from February to May, deciding questions that had been there brought before him from all parts of his province except Cilicia proper. The cities which had been ground down by debt have been enabled to free themselves, and then to live under their own laws. This he has done by taking nothing from them for his own expenses—not a farthing. It is marvellous to see how the municipalities have sprung again into life under this treatment. "He has been enabled by this to carry on justice without obstruction and without severity. Everybody has been allowed approach to him—a custom which has been unknown in the provinces. There has been no back-stairs influence. He has walked openly in his own courts, as he used to do when a candidate at home. All this has been grateful to the people, and much esteemed; nor has it been too laborious to himself, as he had learned the way of it in his former life." It was thus that Cicero governed Cilicia.

There are further letters to Appius and Cælius, written from various parts of the province, which cannot fail to displease us because we feel that Cicero is endeavoring to curry favor. He wishes to stand well with those who might otherwise turn against him on his reappearance in Rome. He is afraid lest Appius should be his enemy and lest Pompey should not be his friend. The practice of justice and of virtue would, he knew, have much less effect in Rome than the friendship and enmity of such men. But to Atticus he bursts out into honest passion against Brutus. Brutus had recommended to him one Gavius, whom, to oblige Brutus, he appointed to some office. Gavius was greedy, and insolent when his greed was not satisfied. "You have made me a prefect," said Gavius; "where am I to go for my rations?" Cicero tells him that as he has done no work he will get no pay; whereupon Gavius, quite unaccustomed to such treatment, goes off in a huff. "If Brutus can be stirred by the anger of such a knave as this," he says to Atticus, "you may love him, if you will, yourself; you will not find me a rival for his friendship."109 Brutus, however, became a favorite with Cicero, because he had devoted himself to literature. In judging these two men we should not lean too heavily on Brutus, because he did no worse than his neighbors. But then, how are we to judge of Cicero?

In the latter months of his government there began a new trouble, in which it is difficult to sympathize with him, because we are unable to produce in our own minds a Roman's estimation of Roman things. With true spirit he had laughed at his own military doings at Pindenissum; but not the less on that account was he anxious to enjoy the glories of a triumph, and to be dragged through the city on a chariot, with military trophies around him, as from time immemorial the Roman conquerors had been dragged when they returned from their victories.

For the old barbaric conquerors this had been fine enough. A display of armor—of helmets, of shields, and of swords—a concourse of chariots, of trumpets, and of slaves, of victims kept for the Tarpeian rock, the spoils and rapine of battle, the self-asserting glory of the big fighting hero, the pride of bloodshed, and the boasting over fallen cities, had been fit for men who had in their hearts conceived nothing greater than military renown. Our sympathies go along with a Camillus or a Scipio steeped in the blood of Rome's enemies. A Marius, a Pompey, and again a few years afterward a Cæsar, were in their places as they were dragged along the Via Sacra up to the Capitol amid the plaudits of the city, in commemoration of their achievements in arms; but it could not be so with Cicero. "Concedat laurea linguæ" had been the watchword of his life. "Let the ready tongue and the fertile brain be held in higher honor than the strong right arm." That had been the doctrine which he had practised successfully. To him it had been given to know that the lawyer's gown was raiment worthier of a man than the soldier's breastplate. How, then, could it be that he should ask for so small a thing as a triumph in reward for so small a deed as that done at Pindenissum? But it had become the way with all Proconsuls who of late years had been sent forth from Rome into the provinces. Men to whose provincial government a few cohorts were attached aspired to be called "Imperator" by their soldiers after mock battles, and thought that, as others had followed up their sham victories with sham triumphs, it should be given to them to do the same. If Bibulus triumphed it would be a disgrace to Cicero not to triumph. We measure our expected rewards not by our own merits but by the good things which have been conceded to others. To have returned from Pindenissum and not to be allowed the glory of trumpets would be a disgrace, in accordance with the theory then prevailing in Rome on such matters; therefore Cicero demanded a triumph.

In such a matter it was in accordance with custom that the General should send an immediate account of his victorious doings, demand a "supplication," and have the triumph to be decreed to him or not after his return home. A supplication was in form a thanksgiving to the gods for the great favor shown by them to the State, but in fact took the guise of public praise bestowed upon the man by whose hands the good had been done. It was usually a reward for military success, but in the affair of Catiline a supplication had been decreed to Cicero for saving the city, though the service rendered had been of a civil nature. Cicero now applied for a supplication, and obtained it. Cato opposed it, and wrote a letter to Cicero explaining his motives—upon high republican principles. Cicero might have endured this more easily had not Cato voted for a supplication in honor of Bibulus, whose military achievements had, as Cicero thought, been less than his own. One Hirrus opposed it also, but in silence, having intended to allege that the numbers slain by Cicero in his battles were not sufficient to justify a supplication. We learn that, according to strict rule, two thousand dead men should have been left on the field. Cicero's victims had probably been much fewer; nevertheless the supplication was granted, and Cicero presumed that the triumph would follow as a matter of course. Alas, there came grievous causes to interfere with the triumph!

Of all that went on at Rome Cælius continued to send Cicero accounts. The Triumvirate was now over. Cælius says that Pompey will not attack Cæsar openly, but that he does all he can to prevent Cæsar from being elected Consul before he shall have given up his province and his army.110 For details Cælius refers him to a Commentarium—a word which has been translated as meaning "newspaper" in this passage—by Melmoth. I think that there is no authority for this idea, and that the commentary was simply the compilation of Cælius, as were the commentaries we so well know the compilation of Cæsar. The Acta Diurna were published by authority, and formed an official gazette. These no doubt reached Cicero, but were very different in their nature from the private record of things which he obtained from his friend.

There are passages in Greek, in two letters111 written about this time to Atticus, which refer to the matter from which probably arose his quarrel with his wife, and her divorce. He makes no direct allusion to his wife, but only to a freedman of hers, Philotomus. When Milo was convicted, his goods were confiscated and sold as a part of his punishment. Philotomus is supposed to have been a purchaser, and to have made money out of the transaction—taking advantage of his position to acquire cheap bargains—as should not have been done by any one connected with Cicero, who had been Milo's friend. The cause of Cicero's quarrel with his wife has never been absolutely known, but it is supposed to have arisen from her want of loyalty to him in regard to money. She probably employed this freedman in filling her pockets at the expense of her husband's character.

In his own letters he tells of preparations made for his return, and allusions are made as to his expected triumph. He is grateful to Cælius as to what has been done as to the supplication, and expresses his confidence that all the rest will follow.112 He is so determined to hurry away that he will not wait for the nomination of a successor, and resolves to put the government into the hands of any one of his officers who may be least unfit to hold it. His brother Quintus was his lieutenant, but if he left Quintus people would say of him that in doing so he was still keeping the emoluments in his own hands. At last he determines to intrust it to a young Quæstor named C. Cælius—no close connection of his friend Cælius, as Cicero finds himself obliged to apologize for the selection to his friend. "Young, you will say. No doubt; but he had been elected Quæstor, and is of noble birth."113 So he gives over the province to the young man, having no one else fitter.

Cicero tells us afterward, when at Athens on his way home, that he had considerable trouble with his own people on withholding certain plunder which was regarded by them as their perquisite. He had boasted much of their conduct—having taken exception to one Tullius, who had demanded only a little hay and a little wood. But now there came to be pickings—savings out of his own proconsular expenses—to part with which at the last moment was too hard upon them. "How difficult is virtue," he exclaims; "how doubly difficult to pretend to act up to it when it is not felt!"114 There had been a certain sum saved which he had been proud to think that he would return to the treasury. But the satellites were all in arms: "Ingemuit nostra cohors." Nevertheless, he disregarded the "cohort," and paid the money into the treasury.

As to the sum thus saved, there has been a dispute which has given rise to some most amusing literary vituperation. The care with which MSS. have been read now enables us to suppose that it was ten hundred thousand sesterces—thus expressed, "H.S.X."—amounting to something over £8000. We hear elsewhere, as will be mentioned again, that Cicero realized out of his own legitimate allowance in Cilicia a profit of about £18,000; and we may imagine that the "cohort" should think itself aggrieved in losing £8000 which they expected to have divided among them. Middleton has made a mistake, having supposed the X to be CIɔ or M—a thousand instead of ten—and quotes the sum saved as having amounted to eight hundred thousand instead of eight thousand pounds. We who have had so much done for us by intervening research, and are but ill entitled to those excuses for error which may fairly be put forward on Middleton's behalf, should be slow indeed in blaming him for an occasional mistake, seeing how he has relieved our labors by infinite toil on his part; but De Quincey, who has been very rancorous against Cicero, has risen to a fury of wrath in his denunciation of Cicero's great biographer. "Conyers Middleton," he says, "is a name that cannot be mentioned without an expression of disgust." The cause of this was that Middleton, a beneficed clergyman of the Church of England, and a Cambridge man, differed from other Cambridge clergymen on controversial points and church questions. Bentley was his great opponent—and as Bentley was a stout fighter, so was Middleton. Middleton, on the whole, got the worst of it, because Bentley was the stronger combatant; but he seems to have stood in good repute all his life, and when advanced in years was appointed Professor of Natural History. He is known to us, however, only as the biographer of Cicero. Of this book, Monk, the biographer of Middleton's great opponent, Bentley, declares that, "for elegance, purity, and ease, Middleton's style yields to none in the English language." De Quincey says of it that, by "weeding away from it whatever is colloquial, you would strip it of all that is characteristic"—meaning, I suppose, that the work altogether wants dignity of composition. This charge is, to my thinking, so absolutely contrary to the fact, that it needs only to be named to be confuted by the opinion of all who have read the work. De Quincey pounces upon the above-named error with profoundest satisfaction, and tells us a pleasant little story about an old woman who thought that four million people had been once collected at Caernarvon. Middleton had found the figure wrongly deciphered and wrongly copied for him, and had translated it as he found it, without much thought. De Quincey thinks that the error is sufficient to throw over all faith in the book: "It is in the light of an evidence against Middleton's good-sense and thoughtfulness that I regard it as capital." That is De Quincey's estimate of Middleton as a biographer. I regard him as a laborer who spared himself no trouble, who was enabled by his nature to throw himself with enthusiasm into his subject, who knew his work as a writer of English, and who, by a combination of erudition, intelligence, and industry, has left us one of those books of which it may truly be said that no English library should be without it.

The last letter written by Cicero in Asia was sent to Atticus from Ephesus the day before he started—on the last day, namely, of September. He had been delayed by winds and by want of vessels large enough to carry him and his suite. News here reached him from Rome—news which was not true in its details, but true enough in its spirit. In a letter to Atticus he speaks of "miros terrores Cæsarianos"115—"dreadful reports as to outrages by Cæsar;" that he would by no means dismiss his army; that he had with him the Prætors elect, one of the Tribunes, and even one of the Consuls; and that Pompey had resolved to leave the city. Such were the first tidings presaging Pharsalia. Then he adds a word about his triumph. "Tell me what you think about this triumph, which my friends desire me to seek. I should not care about it if Bibulus were not also asking for a triumph—Bibulus, who never put a foot outside his own doors as long as there was an enemy in Syria!" Thus Cicero had to suffer untold misery because Bibulus was asking for a triumph!

Chapter V.

What official arrangements were made for Proconsuls in regard to money, when in command of a province, we do not know. The amounts allowed were no doubt splendid, but it was not to them that the Roman governor looked as the source of that fortune which he expected to amass. The means of plunder were infinite, but of plunder always subject to the danger of an accusation. We remember how Verres calculated that he could divide his spoil into three sufficient parts—one for the lawyers, one for the judges, so as to insure his acquittal, and then one for himself. This plundering was common—so common as to have become almost a matter of course; but it was illegal, and subjected some unfortunate culprits to exile, and to the disgorging of a part of what they had taken. No accusation was made against Cicero. As to others there were constantly threats, if no more than threats. Cicero was not even threatened. But he had saved out of his legitimate expenses a sum equal to £18,000 of our money—from which we may learn how noble were the appanages of a Roman governor. The expenses of all his staff passed through his own hands, and many of those of his army. Any saving effected would therefore be to his own personal advantage. On this money he counted much when his affairs were in trouble, as he was going to join Pompey at Pharsalia in the following year. He then begged Atticus to arrange his matters for him, telling him that the sum was at his call in Asia,116 but he never saw it again: Pompey borrowed it—or took it; and when Pompey had been killed the money was of course gone.

His brother Quintus was with him in Cilicia, but of his brother's doings there he says little or nothing. We have no letters from him during the period to his wife or daughter. The latter was married to her third husband, Dolabella, during his absence, with no opposition from Cicero, but not in accordance with his advice. He had purposed to accept a proposition for her hand made to him by Tiberius Nero, the young Roman nobleman who afterward married that Livia whom Augustus took away from him even when she was pregnant, in order that he might marry her himself, and who thus became the father of the Emperor Tiberius. It is worthy of remark at the same time that the Emperor Tiberius married the granddaughter of Atticus. Cicero when in Cilicia had wished that Nero should be chosen; but the family at home was taken by the fashion and manners of Dolabella, and gave the young widow to him as her third husband when she was yet only twenty-five. This marriage, like the others, was unfortunate. Dolabella, though fashionable, nobly born, agreeable, and probably handsome, was thoroughly worthless. He was a Roman nobleman of the type then common—heartless, extravagant, and greedy. His country, his party, his politics were subservient, not to ambition or love of power, but simply to a desire for plunder. Cicero tried hard to love him, partly for his daughter's sake, more perhaps from the necessity which he felt for supporting himself by the power and strength of the aristocratic party to which Dolabella belonged.

I cannot bring him back to Rome, and all that he suffered there, without declaring that much of his correspondence during his government, especially during the latter months of it, and the period of his journey home, is very distressing. I have told the story of his own doings, I think, honestly, and how he himself abstained, and compelled those belonging to him to do so; how he strove to ameliorate the condition of those under his rule; how he fully appreciated the duty of doing well by others, so soon to be recognized by all Christians. Such humanity on the part of a Roman at such a period is to me marvellous, beautiful, almost divine; but, in eschewing Roman greed and Roman cruelty, he was unable to eschew Roman insincerity. I have sometimes thought that to have done so it must have been necessary for him altogether to leave public life. Why not? my readers will say. But in our days, when a man has mixed himself for many years with all that is doing in public, how hard it is for him to withdraw, even though, in withdrawing he fears no violence, no punishment, no exile, no confiscation. The arguments, the prayers, the reproaches of those around him draw him back; and the arguments, the reproaches from within are more powerful even than those from his friends. To be added to these is the scorn, perhaps the ridicule, of his opponents. Such are the difficulties in the way of the modern politician who thinks that he has resolved to retire; but the Roman ex-Consul, ex-Prætor, ex-Governor had entered upon a mode of warfare in which his all, his life, his property, his choice of country, his wife, his children, were open to the ready attacks of his eager enemies. To have deserved well would be nothing, unless he could keep a party round him bound by mutual interests to declare that he had deserved well. A rich man, who desired to live comfortably beyond the struggle of public life, had to abstain, as Atticus had done, from increasing the sores, from hurting the ambition, from crushing the hopes of aspirants. Such a man might be safe, but he could not be useful; such, at any rate, had not been Cicero's life. In his earlier days, till he was Consul, he had kept himself free from political interference in doing the work of his life; but since that time he had necessarily put himself into competition with many men, and had made many enemies by the courage of his opinions. He had found even those he had most trusted opposed to him. He had aroused the jealousy not only of the Cæsars and the Crassuses and the Pisos, but also of the Pompeys and Catos and Brutuses. Whom was he not compelled to fear? And yet he could not escape to his books; nor, in truth, did he wish it. He had made for himself a nature which he could not now control.

He had not been long in Cilicia before he knew well how cruel, how dishonest, how greedy, how thoroughly Roman had been the conduct of his predecessor Appius. His letters to Atticus are full of the truths which he had to tell on that matter. His conduct, too, with regard to Appius was mainly right. As far as in him lay he endeavored to remedy the evils which the unjust Proconsul had done, and to stop what further evil was still being done. He did not hesitate to offend Appius when it was necessary to do so by his interference. But Appius was a great nobleman, one of the "optimates," a man with a strong party at his back in Rome. Appius knew well that Cicero's good word was absolutely necessary to save him from the ruin of a successful accusation. Cicero knew also that the support of Appius would be of infinite service to him in his Roman politics. Knowing this, he wrote to Appius letters full of flattery—full of falsehood, if the plain word can serve our purpose better. Dolabella, the new son-in-law, had taken upon himself, for some reason as to which it can hardly be worth our while to inquire, to accuse Appius of malversation in his province. That Appius deserved condemnation there can be no doubt; but in these accusations the contests generally took place not as to the proof of the guilt, but as to the prestige and power of the accuser and the accused. Appius was tried twice on different charges, and was twice acquitted; but the fact that his son-in-law should be the accuser was fraught with danger to Cicero. He thought it necessary for the hopes which he then entertained to make Appius understand that his son-in-law was not acting in concert with him, and that he was desirous that Appius should receive all the praise which would have been due to a good governor. So great was the influence of Appius at Rome that he was not only acquitted, but shortly afterward elected Censor. The office of Censor was in some respects the highest in Rome. The Censors were elected only once in four years, remaining in office for eighteen months. The idea was that powers so arbitrary as these should be in existence only for a year and a half out of each four years. Questions of morals were considered by them. Should a Senator be held to have lived as did not befit a Senator, a Censor could depose him. As Appius was elected Censor immediately after his acquittal, together with that Piso whom Cicero had so hated, it may be understood that his influence was very great.117 It was great enough to produce from Cicero letters which were flattering and false. The man who had been able to live with a humanity, a moderation, and an honesty befitting a Christian, had not risen to that appreciation of the beauty of truth which an exercise of Christianity is supposed to exact.

"Sed quid agas? Sic vivitur!"118—"What would you have me do? It is thus we live now!" This he exclaims in a letter to Cælius, written a short time before he left the province. "What would you say if you read my last letter to Appius?" You would open your eyes if you knew how I have flattered Appius—that was his meaning. "Sic vivitur!"—"It is so we live now." When I read this I feel compelled to ask whether there was an opportunity for any other way of living. Had he seen the baseness of lying as an English Christian gentleman is expected to see it, and had adhered to truth at the cost of being a martyr, his conduct would have been high though we might have known less of it; but, looking at all the circumstances of the period, have we a right to think that he could have done so?

From Athens on his way home Cicero wrote to his wife, joining Tullia's name with hers. "Lux nostra," he calls his daughter; "the very apple of my eye!" He had already heard from various friends that civil war was expected. He will have to declare himself on his arrival—that is, to take one side or the other—and the sooner he does so the better. There is some money to be looked for—a legacy which had been left to him. He gives express directions as to the persons to be employed respecting this, omitting the name of that Philotomus as to whose honesty he is afraid. He calls his wife "suavissima et optatissima Terentia," but he does not write to her with the true love which was expressed by his letters when in exile. From Athens, also, where he seems to have stayed nearly two months, he wrote in December. He is easy, he says, about his triumph unless Cæsar should interfere—but he does not care much about his triumph now. He is beginning to feel the wearisomeness of the triumph; and indeed it was a time in which the utter hollowness of triumphal pretensions must have made the idea odious to him. But to have withdrawn would have been to have declared his own fears, his own doubts, his own inferiority to the two men who were becoming declared as the rival candidates for Roman power. We may imagine that at such a time he would gladly have gone in quiet to his Roman mansion or to one of his villas, ridding himself forever of the trouble of his lictors, his fasces, and all the paraphernalia of imperatorial dignity; but a man cannot rid himself of such appanages without showing that he has found it necessary to do so. It was the theory of a triumph that the victorious Imperator should come home hot (as it were) from the battle-field, with all his martial satellites around him, and have himself carried at once through Rome. It was barbaric and grand, as I have said before, but it required the martial satellites. Tradition had become law, and the Imperator intending to triumph could not dismiss his military followers till the ceremony was over. In this way Cicero was sadly hampered by his lictors when, on his landing at Brundisium, he found that Italy was already preparing for her great civil war.

Early in this year it had been again proposed in the Senate that Cæsar should give up his command. At this time the two Consuls, L. Æmilius Paulus and C. Claudius Marcellus, were opposed to Cæsar, as was also Curio, who had been one of Cicero's young friends, and was now Tribune. But two of these Cæsar managed to buy by the payment of enormous bribes. Curio was the more important of the two, and required the larger bribe. The story comes to us from Appian,119 but the modern reader will find it efficiently told by Mommsen.120 The Consul had fifteen hundred talents, or about £500,000! The sum named as that given by Cæsar to Curio was something greater, because he was so deeply in debt! Bribes to the amount of above a million of money, such as money is to us now, bestowed upon two men for their support in the Senate! It was worth a man's while to be a Consul or a Tribune in those days. But the money was well earned—plunder, no doubt, extracted from Gaul. The Senate decided that both Pompey and Cæsar should be required to abandon their commands—or rather they adopted a proposal to that effect without any absolute decree. But this sufficed for Cæsar, who was only anxious to be relieved from the necessity of obeying any order from the Senate by the knowledge that Pompey also was ordered, and also was disobedient. Then it was—in the summer of this year—that the two commanders were desired by the Senate to surrender each of them a legion, or about three thousand men, under the pretence that the forces were wanted for the Parthian war. The historians tell us that Pompey had lent a legion to Cæsar, thus giving us an indication of the singular terms on which legions were held by the proconsular officers who commanded them. Cæsar nobly sends up to Rome two legions, the one as having been ordered to be restored by himself, and the other as belonging to Pompey. He felt, no doubt, that a show of nobleness in this respect would do him better service than the withholding of the soldiers. The men were stationed at Capua, instead of being sent to the East, and no doubt drifted back into Cæsar's hands. The men who had served under Cæsar would not willingly find themselves transferred to Pompey.

Cæsar in the summer came across the Alps into Cisalpine Gaul, which as yet had not been legally taken from him, and in the autumn sat himself down at Ravenna, which was still within his province. It was there that he had to meditate the crossing of the Rubicon and the manifestation of absolute rebellion. Matters were in this condition when Cicero returned to Italy, and heard the corroboration of the news as to the civil war which had reached him at Athens.

In a letter written from Athens, earlier than the one last quoted, Cicero declared to Atticus that it would become him better to be conquered with Pompey than to conquer with Cæsar.121 The opinion here given may be taken as his guiding principle in politics till Pompey was no more. Through all the doubts and vacillations which encumbered him, this was the rule not only of his mind but of his heart. To him there was no Triumvirate: the word had never been mentioned to his ears. Had Pompey remained free from Cæsar it would have been better. The two men had come together, and Crassus had joined them. It was better for him to remain with them and keep them right, than to stand away, angry and astray, as Cato had done. The question how far Cæsar was justified in the position which he had taken up by certain alleged injuries, affected Cicero less than it has done subsequent inquirers. Had an attempt been made to recall Cæsar illegally? Was he subjected to wrong by having his command taken away from him before the period had passed for which the people had given it? Was he refused indulgences to which the greatness of his services entitled him—such as permission to sue for the Consulship while absent from Rome—while that, and more than that, had been granted to Pompey? All these questions were no doubt hot in debate at the time, but could hardly have affected much the judgment of Cicero, and did not at all affect his conduct. Nor, I think, should they influence the opinions of those who now attempt to judge the conduct of Cæsar. Things had gone beyond the domain of law, and had fallen altogether into that of potentialities. Decrees of the Senate or votes of the people were alike used as excuses. Cæsar, from the beginning of his career, had shown his determination to sweep away as cobwebs the obligations which the law imposed upon him. It is surely vain to look for excuses for a man's conduct to the practice of that injustice against him which he has long practised against others. Shall we forgive a house-breaker because the tools which he has himself invented are used at last upon his own door? The modern lovers of Cæsar and of Cæsarism generally do not seek to wash their hero white after that fashion. To them it is enough that the man has been able to trample upon the laws with impunity, and to be a law not only to himself but to all the world around him. There are some of us who think that such a man, let him be ever so great—let him be ever so just, if the infirmities of human nature permit justice to dwell in the breast of such a man—will in the end do more harm than good. But they who sit at the feet of the great commanders admire them as having been law-breaking, not law-abiding. To say that Cæsar was justified in the armed position which he took in Northern Italy in the autumn of this year, is to rob him of his praise. I do not suppose that he had meditated any special line of policy during the years of hard work in Gaul, but I think that he was determined not to relinquish his power, and that he was ready for any violence by which he might preserve it.

If such was Cicero's idea of this man—if such the troubled outlook which he took into the circumstances of the Empire—he thought probably but little of the legality of Cæsar's recall. What would the Consuls do, what would Curio do, what would Pompey do, and what Cæsar? It was of this that he thought. Had law-abiding then been possible, he would have been desirous to abide by the law. Some nearest approach to the law would be the best. Cæsar had ignored all laws, except so far as he could use them for his own purposes. Pompey, in conspiring with Cæsar, had followed Cæsar's lead; but was desirous of using the law against Cæsar when Cæsar outstripped him in lawlessness. But to Cicero there was still some hope of restraining Pompey. Pompey, too, had been a conspirator, but not so notorious a conspirator as Cæsar. With Pompey there would be some bond to the Republic; with Cæsar there could be none; therefore it was better for him to fall with Pompey than to rise with Cæsar. That was his conviction till Pompey had altogether fallen.

His journey homeward is made remarkable by letters to Tiro, his slave and secretary. Tiro was taken ill, and Cicero was obliged to leave him at Patræ, in Greece. Whence he had come to Cicero we do not know, or when; but he had not probably fallen under his master's peculiar notice before the days of the Cilician government, as we find that on his arrival at Brundisium he writes to Atticus respecting him as a person whom Atticus had not much known.122 But his affection for Tiro is very warm, and his little solicitudes for the man whom he leaves are charming. He is to be careful as to what boat he takes, and under what captain he sails. He is not to hurry. The doctor is to be consulted and well paid. Cicero himself writes various letters to various persons, in order to secure that attention which Tiro could not have insured unless so assisted.

Early in January Cicero reached the city, but could not enter it because of his still unsettled triumph, and Cæsar crossed the little river which divided his province from the Roman territory. The 4th of January is the date given for the former small event. For the latter I have seen no precise day named. I presume that it was after the 6th, as on that day the Senate appointed Domitian as his successor in his province. On this being done, the two Tribunes, Antony and Cassius, hurried off to Cæsar, and Cæsar then probably crossed the stream. Cicero was appointed to a command in Campania—that of raising levies, the duties of which were not officially repugnant to his triumph.

His doings during the whole of this time were but little to his credit; but who is there whose doings were to his credit at that period? The effect had been to take all power out of his hand. Cæsar had given him up. Pompey could not do so, but we can imagine how willing Pompey would have been that he should have remained in Cilicia. He had been sent there, out of the way, but had hurried home again. If he would only have remained and plundered! If he would only have remained there and have been honest—so that he would be out of the way! But here he was—back in Italy, an honest, upright man! No one so utterly unlike the usual Roman, so lost amid the self-seekers of Rome, so unnecessarily clean-handed, could be found! Cato was honest, foolishly honest for his time; but with Cato it was not so difficult to deal as with Cicero. We can imagine Cato wrapping himself up in his robe and being savagely unreasonable. Cicero was all alive to what was going on in the world, but still was honest! In the mean time he remained in the neighborhood of Naples, writing to his wife and daughter, writing to Tiro, writing to Atticus, and telling us all those details which we now seem to know so well—because he has told us. In one of his letters to Atticus at this time he is sadly in earnest. He will die with Pompey in Italy, but what can he do by leaving it? He has his "lictors" with him still. Oh, those dreadful lictors! His friendship for Cnæus! His fear of having to join himself with the coming tyrant! "Oh that you would assist me with your counsel!"123 He writes again, and describes the condition of Pompey—of Pompey who had been Magnus. "See how prostrate he is. He has neither courage, counsel, men, nor industry! Put aside those things; look at his flight from the city, his cowardly harangues in the towns, his ignorance of his own strength and that of his enemy! * * * Cæsar in pursuit of Pompey! Oh, sad! * * * Will he kill him?" he exclaims. Then, still to Atticus, he defends himself. He will die for Pompey, but he does not believe that he can do any good either to Pompey or to the Republic by a base flight. Then there is another cause for staying in Italy as to which he cannot write. This was Terentia's conduct. At the end of one of his letters he tells Atticus that with the same lamp by which he had written would he burn that which Atticus had sent to him. In another he speaks of a Greek tutor who has deserted him, a certain Dionysius, and he boils over with anger. His letters to Atticus about the Greek tutor are amusing at this distance of time, because they show his eagerness. "I never knew anything more ungrateful; and there is nothing worse than ingratitude."124

He heaps his scorn upon Pompey: "It is true, indeed, that I said that it was better to be conquered with him than to conquer with those others. I would indeed. But of what Pompey was it that I so spoke? Was it of this one who flies he knows not what, nor whom, nor whither he will fly?"125 He writes again the same day: "Pompey had fostered Cæsar, and then had feared him. He had left the city; he had lost Picenum by his own fault, he had betaken himself to Apulia! Then he went into Greece, leaving us in the dark as to his plans!" He excuses a letter of his own to Cæsar. He had written to Cæsar in terms which might be pleasing to the great man. He had told Cæsar of Cæsar's admirable wisdom. Was it not better so? He was willing that his letter should be read aloud to all the people, if only those of Pompey might also be read aloud. Then follow copies of a correspondence between him and Pompey. In the last he declares126 that "when he had written from Canusium he had not dreamed that Pompey was about to cross the sea. He had known that Pompey had intended to treat for peace—for peace even under unjust conditions—but he had never thought that Pompey was meditating a retreat out of Italy." He argues well and stoutly, and does take us along with him. Pompey had been beaten back from point to point, never once rallying himself against Cæsar. He had failed, and had slipped away, leaving a man here and there to stand up for the Republic. Pompey was willing to risk nothing for Rome. It had come to pass at last that he was being taught Cæsarism by Cæsar, and when he died was more imperial than his master.

At this time Cicero's eyes were bad. "Mihi molestior lippitudo erat etiam quam ante fuerat." And again, "Lippitudinis meæ signum tibi sit librarii manus." But we may doubt whether any great men have lived so long with so little to tease them as to their health. And yet the amount of work he got through was great. He must have so arranged his affairs as to have made the most he could of his hours, and have carried in his memory information on all subjects. When we remember the size of the books which he read, their unwieldy shapes, their unfitness for such work as that of ours, there seems to have been a continuation of study such as we cannot endure. Throughout his life his hours were early, but they must also have been late. Of his letters we have not a half, of his speeches not a half, of his treatises not more than a half. When he was abroad during his exile, or in Cilicia during his government, he could not have had his books with him. That Cæsar should have been Cæsar, or Pompey Pompey, does not seem to me a matter so difficult as that Cicero should have been Cicero. Then comes that letter of which I spoke in my first chapter, in which he recapitulates the Getæ, the Armenians, and the men of Colchis. "Shall I, the savior of the city, assist to bring down upon that city those hordes of foreign men? Shall I deliver it up to famine and to destruction for the sake of one man who is no more than mortal?"127 It was Pompey as to whom he then asked the question. For Pompey's sake am I to let in these crowds? We have been told, indeed, by Mr. Froude that the man was Cæsar, and that Cicero wrote thus anxiously with the special object of arranging his death!

"Now, if ever, think what we shall do," he says. "A Roman army sits round Pompey and makes him a prisoner within valley and rampart—and shall we live? The city stands; the Prætors give the law, the Ædiles keep up the games, good men look to their principal and their interest. Shall I remain sitting here? Shall I rush hither and thither madly, and implore the credit of the towns? Men of substance will not follow me. The revolutionists will arrest me. Is there any end to this misery? People will point at me and say, 'How wise he was not to go with him.' I was not wise. Of his victory I never wished to be the comrade—yet now I do of his sorrow."128