The Life of Cicero. Volume II.

The De Oratore is a work in three divisions, addressed to his brother Quintus, in which it has undoubtedly been Cicero's object to convince the world that an orator's employment is the highest of all those given to a man to follow; and this he does by showing that, in all the matters which an orator is called upon to touch, there is nothing which he cannot adorn by the possession of some virtue or some knowledge. To us, in these days, he seems to put the cart before the horse, and to fail from the very beginning, by reason of the fact that the orator, in his eloquence, need never tell the truth. It is in the power of man so to praise – constancy, let us say – as to make it appear of all things the best. But he who sings the praise of it may be the most inconstant of mankind, and may know that he is deceiving his hearers as to his own opinions – at any rate, as to his own practice. The virtue should come first, and then the speech respecting it. Cicero seems to imply that, if the speech be there, the virtue may be assumed.

But it has to be acknowledged, in this and in all his discourses as to the perfect orator, that it is here as it has been in all the inquirers after the τὸ καλόν.242 We must recognize the fact that the Romans have adopted a form of inquiry from the Greeks, and, having described a more than human perfection, have instigated men to work up toward it by letting it be known how high will be the excellence, should it ever be attained. It is so in the De Oratore, as to which we must begin by believing that the speech-maker wanted is a man not to be found in any House of Commons. No Conservative and no Liberal need fear that he will be put out of court by the coming of this perfectly eloquent man. But this Cicero of whom we are speaking has been he who has been most often quoted for his perfections.243 The running after an impossible hero throws a damp over the whole search. When no one can expect to find the thing sought for, who can seek diligently? By degrees the ambitious student becomes aware that it is impossible, and is then carried on by a desire to see how he is to win a second or a third place, if so much may be accorded to him. In his inquiries he will find that the Cicero, if he look to Quintilian or Tacitus – or the Crassus, if he look to Cicero – is so set before him as the true model; and with that he may be content.

The De Oratore is by far the longest of his works on rhetoric, and, as I think, the pleasantest to read. It was followed, after ten years, by the Brutus, or De Claris Oratoribus, and then by the Orator. But in all of them he charms us rather by his example than instructs us by his precepts. He will never make us believe, for instance, that a man who talks well will on that account be better than a man who thinks well; but he does make us believe that a man who talks as Cicero knew how to do must have been well worth hearing, and also that to read his words, when listening to them is no longer possible, is a great delight. Having done that, he has no doubt carried his object. He was too much a man of the world to have an impracticable theory on which to expend himself. Oratory had come uppermost with him, and had indeed made itself, with the Romans, the only pursuit to be held in rivalry with that of fighting. Literature had not as yet assumed its place. It needed Cicero himself to do that for her. It required the writing of such an essay as this to show, by the fact of its existence, that Cicero the writer stood quite as high as Cicero the orator. And then the written words remain when the sounds have died away. We believe that Cicero spoke divinely. We can form for ourselves some idea of the rhythm of his periods. Of the words in which Cicero spoke of himself as a speaker we have the entire charm.

Boccaccio, when he takes his queen into a grassy meadow and seats her in the midst of her ladies, and makes her and them and their admirers tell their stories, seems to have given rise to the ideas which Cicero has used when introducing his Roman orators lying under a plane-tree in the garden of Tusculum, and there discussing rhetoric; so much nearer to us appear the times of Cicero, with all the light that has been thrown upon them by their own importance, than does the middle of the fourteenth century in the same country. But the practice in this as in all matters of social life was borrowed from the Greeks, or perhaps rather the pretence of the practice. We can hardly believe that Romans of an advanced age would so have arranged themselves for the sake of conversation. It was a manner of bringing men together which had its attraction for the mind's eye; and Cicero, whose keen imagination represented to him the pleasantness of the picture, has used the form of narrative with great effect. He causes Crassus and Antony to meet in the garden of Crassus at Tusculum, and thither he brings, on the first day, old Mucius Scævola the augur, and Sulpicius and Cotta, two rising orators of the period. On the second day Scævola is supposed to be too fatigued to renew the intellectual contest, and he retires; but one Cæsar comes in with Quintus Lutatius Catulus, and the conversation is renewed. Crassus and Antony carry it on in chief, but Crassus has the leading voice. Cæsar, who must have been the wag among barristers of his day, undertakes to give examples of that Attic salt by which the profundity of the law courts is supposed to have been relieved. The third conversation takes place on the afternoon of the second day, when they had refreshed themselves with sleep; though Crassus, we are specially told, had given himself up to the charms of no mid-day siesta. His mind had been full of the greatness of the task before him, but he will show neither fatigue nor anxiety. The art, the apparent ease with which it is all done, the grace without languor, the energy without exertion, are admirable. It is as though, they were sitting by running water, or listening to the music of some grand organ. They remove themselves to a wood a little farther from the house, and there they listen to the eloquence of Crassus. Cotta and Sulpicius only hear and assent, or imply a modified dissent in doubting words.

It is Crassus who insists that the orator shall be omniscient, and Antony who is supposed to contest the point with him. But they differ in the sweetest language; and each, though he holds his own, does it with a deference that is more convincing than any assertion. It may be as well, perhaps, to let it be understood that Crassus and Cæsar are only related by distant family ties – or perhaps only by ties of adoption – to the two of the First Triumvirate whose names they bear; whereas Antony was the grandfather of that Cleopatra's lover against whom the Philippics were hurled.

No one, as I have said before, will read these conversations for the sake of the argument they contain; but they are, and will be, studied as containing, in the most appropriate language, a thousand sayings respecting the art of speech. "No power of speaking well can belong to any but to him who knows the subjects on which he has to speak;"244 a fact which seems so clear that no one need be troubled with stating it, were it not that men sin against it every day. "How great the undertaking to put yourself forward among a crowd of men as being the fittest of all there to be heard on some great subject!"245 "Though all men shall gnash their teeth, I will declare that the little book of the twelve tables surpasses in authority and usefulness all the treatises of all the philosophers."246 Here speaks the Cicero of the Forum, and not that Cicero who amused himself among the philosophers. "Let him keep his books of philosophy for some Tusculum idleness such as is this of ours, lest, when he shall have to speak of justice, he must go to Plato and borrow from him, who, when he had to express him in these things, created in his books some new Utopia."247 For in truth, though Cicero deals much, as we shall see by-and-by, with the philosophers, and has written whole treatises for the sake of bringing Greek modes of thought among the Romans, he loved the affairs of the world too well to trust them to philosophy. There has been some talk of old age, and Antony, before the evening has come, declares his view. "So far do I differ from you," he says, "that not only do I not think that any relief in age is to be found in the crowd of them who may come to me for advice, but I look to its solitude as a harbor. You indeed may fear it, but to me it will be most welcome."248

Then Cicero begins the second book with a renewal of the assertion as to oratory generally, not putting the words into the mouth of any of his party, but declaring it as his own belief: "This is the purpose of this present treatise, and of the present time, to declare that no one has been able to excel in eloquence, not merely without capacity for speaking, but also without acquired knowledge of all kinds."249 But Antony professes himself of another opinion: "How can that be when Crassus and I often plead opposite causes, and when one of us can only say the truth? Or how can it be possible, when each of us must take the cause as it comes to him?"250 Then, again, he bursts into praise of the historian, as though in opposition to Crassus: "How worthy of an orator's eulogy is the writing of history, whether greatest in the flood of its narrative or in its variety! I do not know that we have ever treated it separately, but it is there always before our eyes. For who does not know that the first law of the historian is that he must not dare to say what is false: the next, that he must not dare to suppress what is true."251 We wonder, when Cicero was writing this, whether he remembered his request to Lucceius, made now two years ago. He gives a piece of advice to young advocates, apologizing, indeed, for thinking it necessary; but he has found it to be necessary, and he gives it: "Let me teach this to them all; when they intend to plead, let them first study their causes."252 It is not only here that we find that the advice which is useful now was wanted then. "Read your cases!" The admonition was wanted in Rome as it has been since in London.

But the great mistake of the whole doctrine creeps out at every page as we go on, and disproves the idea on which the De Oratore is founded. All Cicero's treatises on the subject, and Quintilian's, and those of the pseudo-Tacitus, and of the first Greek from which they have come, fall to the ground as soon as we are told that it must be the purport of the orator to turn the mind of those who hear him either to the right or to the left, in accordance with the drift of the cause.253 The mind rejects the idea that it can be the part of a perfect man to make another believe that which he believes to be false. If it be necessary that an orator should do so, then must the orator be imperfect. We have the same lesson taught throughout. It is the great gift of the orator, says Antony, to turn the judge's mind so that he shall hate or love, shall fear or hope, shall rejoice or grieve, or desire to pity or desire to punish.254 No doubt it is a great power. All that is said as to eloquence is true. It may be necessary that to obtain the use of it you shall educate yourself with more precision than for any other purpose. But there will be the danger that they who have fitted the dagger to the hand will use it. It cannot be right to make another man believe that which you think to be false.

In the use of raillery in eloquence the Roman seems to have been very backward; so much so that it is only by the examples given of it by themselves as examples that we learn that it existed. They can appall us by the cruelty which they denounce. They can melt us by their appeals to our pity. They can terrify; they can horrify; they can fill us with fear or hope, with anger, with despair, or with rage; but they cannot cause us to laugh. Their attempts at a joke amuse us because we recognize the attempt. Here Cæsar is put forward to give us the benefit of his wit. We are lost in surprise when we find how miserable are his jokes, and take a pride in finding that in one line we are the masters of the Romans. I will give an instance, and I pick it out as the best among those selected by Cicero. Nasica goes to call upon Ennius, and is informed by the maid-servant that her master is not at home. Ennius returns the visit, and Nasica halloos out from the window that he is not within. "Not within!" says Ennius; "don't I know your voice?" Upon which Nasica replies, "You are an impudent fellow! I had the grace to believe your maid, and now you will not believe me myself."255 How this got into a law-case we do not know; it is told, however, just as I have told it. But there are enough of them here to make a small Joe Miller; and yet, in the midst of language that is almost divine in its expressions, they are given as having been worthy of all attention.

The third book is commenced by the finest passage in the whole treatise. Cicero remembers that Crassus is dead, and then tells the story of his death. And Antony is dead, and the Cæsars. The last three had fallen in the Marian massacres. There is but little now in the circumstances of their death to excite our tears. Who knows aught of that Crassus, or of that Antony, or of those Cæsars? But Cicero so tells it in his pretended narrative as almost to make us weep. The day was coming when a greater than either of them was to die the same death as Antony, by the order of another Antony – to have his tongue pierced, and his bloody head thrust aloft upon the rostra. But no Roman has dared to tell us of it as Cicero has told the story of those others. Augustus had done his work too well, and it was much during his reign that Romans who could make themselves heard should dare to hold their tongues.

It would be useless in me here to attempt to give any notion of the laws as to speech which Cicero lays down. For myself I do not take them as laws, feeling that the interval of time has been too great to permit laws to remain as such. No orator could, I feel sure, form himself on Cicero's ideas. But the sweetness of the language is so great as to convince us that he, at any rate, knew how to use language as no one has done since: "But there is a building up of words, and a turning of them round, and a nice rendering. There is the opposing and the loosening. There is the avoiding, the holding back, the sudden exclamation, and the dropping of the voice; and the taking an argument from the case at large and bringing it to bear on a single point; and the proof and the propositions together. And there is the leave given; and then a doubting, and an expression of surprise. There is the counting up, the setting right; the utter destruction, the continuation, the breaking off, the pretence, the answer made to one's self, the change of names, the disjoining and rejoining of things – the relation, the retreat, and the curtailing."256 Who can translate all these things when Quintilian himself has been fain to acknowledge that he has attempted and has failed to handle them in fitting language?

And then at last there comes that most lovely end to these most charming discourses: "His autem de rebus sol me ille admonuit, ut brevior essem, qui ipse jam præcipitans, me quoque hac præcipitem pæne evolvere coegit."257 These words are so charming in their rhythm that I will not rob them of their beauty by a translation. The setting sun requires me also to go to rest: that is their simple meaning. At the end of the book he introduces a compliment to Hortensius, who during his life had been his great rival, and who was still living when the De Oratore was written.

b. c. 52, ætat. 55.

The next on the list is the De Optimo Genere Oratorum – a preliminary treatise written as a preface to a translation made by himself on the speeches of Æschines and Demosthenes against Ctesiphon in the matter of the Golden Crown. We have not the translations; but we have his reasons for translating them – namely, that he might enable readers only of Latin to judge how far Æschines and Demosthenes had deserved, either of them, the title of "Optimus orator." For they had spoken against each other with the most bitter abuse, and each spokesman was struggling for the suppression of the other. Each was speaking with the knowledge that, if vanquished, he would have to pay heavily in his person and his pocket. He gives the palm to neither; but he tells his readers that the Attic mode of speaking is gone – of which, indeed, the glory is known, but the nature unknown. But he explains that he has not translated the two pieces verbatim, as an interpreter, but in the spirit, as an orator, using the same figures, the same forms, the same strength of ideas. We have to acknowledge that we do not see how in this way he can have done aught toward answering the question De Optimo Genere Oratorum; but he may perhaps have done something to prove that he himself, in his oratory, had preserved the best known Grecian forms.

The De Partitione Oratoria Dialogus follows, of which we have already spoken, written when he was an old man, and was in the sixty-first year of his life. It was the year in which he had divorced Terentia, and had been made thoroughly wretched in private and in public affairs. But he was not on that account disabled from preparing for his son these instructions, in the form of questions and answers, on the art of speaking.

We next come to the Brutus; or, De Claris Oratoribus, a dialogue supposed to have been held between Brutus, Atticus, and Cicero himself. It is a continuation of the three books De Oratore. He there describes what is essential to the character of the optimus orator. He here looks after the special man, going back over the results of past ages, and bringing before the reader's eyes all Greek and Roman orators, till he comes down to Cicero. I cannot but say that the feeling is left with the reader that the orator optimus has been reached at last in Cicero's mind.

We must remark, in the first place, that he has chosen for his friend, to whom to address his piece, one whom he has only known late in life. It was when he went to Cilicia as governor, when he was fifty-six years old, that he was thrown by Atticus into close relations with Brutus. Now he has, next to Atticus, become his most chosen friend. His three next treatises, the Orator, the Tusculan Disquisitions, and the De Natura Deorum, have all been graced, or intended to be graced, by the name of Brutus. And yet, from what we know, we can hardly imagine two men less likely to be brought together by their political ambition. The one compromising, putting up with the bad rather than with a worse, knowing that things were evil, and contented to accept those that were the least so; the other strict, uncompromising, and one who had learned lessons which had taught him that there was no choice among things that were bad! And Brutus, too, had told Cicero that his lessons in oratory were not to his taste. There was a something about Cicero which enabled him to endure such rebukes while there was aught worthy of praise in the man who rebuked him; and it was to this something that his devotion was paid. We know that Brutus was rapacious after money with all the greed of a Roman nobleman, and we know also that Cicero was not. Cicero could keep his hands clean with thousands around him, and with thousands going into the pockets of other men. He could see the vice of Brutus, but he did not hate it. He must have borne, too, with something from Atticus of the same kind. The truth seems to me that to Cicero there was no horror as to greediness, except to greed in himself. He could hate it for himself and yet tolerate it in others, as a man may card-playing, or rackets, or the turf. But he must have known that Brutus had made himself the owner of all good gifts in learning, and took him to his heart in consequence. In no other way can I explain to myself the feeling of subservience to Brutus which Cicero so generally expresses: it exists in none other of his relations of life. Political subservience there is to Pompey; but he can laugh at Pompey, and did not dedicate to him his treatises De Republica, or De Legibus. To Appius Claudius he was very courteous. He thought badly of Appius, but hardly worse than he ought to have done of Brutus. Of Cælius he was fond, of Curio, of Trebatius. To Pætus he was attached, to Sulpicius and Marcellus. But to none of them did he ever show that deference which he did to Brutus. I could have understood this feeling as evinced in the political letters at the end of his life, and have explained it to myself by saying that the "ipsissima verba" have not probably come to us. But I cannot say that the name of Brutus does not stand there, written in imperishable letters on the title-pages of his most chosen pieces. If this be so, Brutus has owed more to his learning than the respect of Cicero. All ages since have felt it, and Shakespeare has told us that "Brutus is an honorable man."

There is a dispute as to the period of the authorship of this treatise. Cicero in it tells us of Cato and of Marcellus, and therefore we must suppose that it was written when they were alive. Indeed, he so compares Cæsar and Marcellus as he could not have done had they not both been alive. But Cato and Marcellus died b. c. 46, and how then could the treatise have been written in b. c. 45? It should, however, be remembered that a written paper may be altered and rewritten, and that the date of authorship and that of publication cannot be exactly the same. But the time is of but little matter to those who can take delight in the discourse. He begins by telling us how he had grieved when, on his return from Cilicia, he had heard that Hortensius was dead. Hortensius had brought him into the College of Augurs, and had there stood to him in the place of a parent. And he had lamented Hortensius also on behalf of Rome. Hortensius had gone. Then he goes on to say that, as he was thinking of these things while walking in his portico, Brutus had come to him and Pomponius Atticus. He says how pleasantly they greeted each other; and then gradually they go on, till Atticus asks him to renew the story he had before been telling. "In truth, Pomponius," he says, "I remember it right well, for then it was that I heard Deiotarus, that truest and best of kings, defended by our Brutus here," Deiotarus was that Eastern king whose defence by Cicero himself I have mentioned when speaking of his pleadings before Cæsar. Then he rushes off into his subject, and discusses at length his favorite idea. It must still be remembered that neither here are to be traced any positive line of lessons in oratory. There is no beginning, no middle, and no end to this treatise. Cicero runs on, charming us rather by his language than by his lessons. He says of Eloquence that "she is the companion of peace, and the associate of ease."258 He tells us of Cato, that he had read a hundred and fifty of his speeches, and had "found them all replete with bright words and with great matter; * * * and yet no one in his days read Cato's speeches!"259 This, of course, was Cato the elder. Then we hear how Demosthenes said that in oratory action was everything: it was the first thing, the second, and the third. "For there is nothing like it to penetrate into the minds of the audience – to teach them, to turn them, and to form them, till the orator shall be made to appear exactly that which he wishes to be thought.260 * * * The man who listens to one who is an orator believes what he hears; he thinks everything to be true, he approves of all."261 No doubt! In his power of describing the orator and his work Cicero is perfect; but he does not describe the man doing that which he is bound to do by his duty.

He tells us that nothing is worse than half a dozen advocates – which certainly is true.262 Further on he comes to Cæsar, and praises him very highly. But here Brutus is made to speak, and tells us how he has read the Commentaries, and found them to be "bare in their beauty, perfect in symmetry, but unadorned, and deprived of all outside garniture."263 They are all that he has told us, nor could they have been described in truer words. Then he names Hortensius, and speaks of him in language which is graceful and graphic; but he reserves his greatest strength for himself, and at last, declaring that he will say nothing in his own praise, bursts out into a string of eulogy, which he is able to conceal beneath dubious phrases, so as to show that he himself has acquired such a mastery over his art as to have made himself, in truth, the best orator of them all.264

Perhaps the chief charm of this essay is to be found in the lightness of the touch. It is never heavy, never severe, rarely melancholic. If read without reference to other works, it would leave on the reader's mind the impression that though now and again there had come upon him the memory of a friend who had gone, and some remembrance of changes in the State to which, as an old man, he could not give his assent; nevertheless, it was written by a happy man, by one who was contented among his books, and was pleased to be reminded that things had gone well with him. He writes throughout as one who had no great sorrow at his heart. No one would have thought that in this very year he was perplexed in his private affairs, even to the putting away of his wife; that Cæsar had made good his ground, and, having been Dictator last year, had for the third time become Consul; that he knew himself to be living, as a favor, by Cæsar's pleasure. Cicero seems to have written his Brutus as one might write who was well at ease. Let a man have taught himself aught, and have acquired the love of letters, it is easy for him then, we might say, to carry on his work. What is it to him that politicians are cutting each other's throats around him? He has not gone into that arena and fought and bled there, nor need he do so. Though things may have gone contrary to his views, he has no cause for anger, none for personal disappointment, none for personal shame; but with Cicero, on every morning as he rose he must have remembered Pompey and have thought of Cæsar. And though Cæsar was courteous to him, the courtesy of a ruler is hard to be borne by him who himself has ruled. Cæsar was Consul; and Cicero, who remembered how majestically he had walked when a few years since he was Consul by the real votes of the people, how he had been applauded for doing his duty to the people, how he had been punished for stretching the laws on the people's behalf, how he had refused everything for the people, must have had bitter feelings in his heart when he sat down to write this conversation with Brutus and with Atticus. Yet it has all the cheerfulness which might have been expected from a happy mind. But we must remark that at its close – in its very final words – he does allude with sad melancholy to the state of affairs, and that then it breaks off abruptly. Even in the middle of a sentence it is brought to a close, and the reader is left to imagine that something has been lost, or that more might have been added.