The Life of Cicero. Volume II.

He argues the question as to his house very well, as he did all questions. He tells the priests that the whole joy of his restoration must depend on their decision. Citizens who had hitherto been made subject to such penalties had been malefactors; whereas, it was acknowledged of him that he had been a benefactor to the city. Clodius had set up on the spot, not a statue of Liberty, but, as was well known to all men, the figure of a Greek prostitute. The priests had not been consulted. The people had not ratified the proposed consecration. Of the necessity of such authority he gives various examples. "And this has been done," he says, "by an impure and impious enemy of all religions – by this man among women, and woman among men – who has gone through the ceremony so hurriedly, so violently, that his mind and his tongue and his voice have been equally inconsistent with each other." "My fortune," he says, as he ends his speech, "all moderate as it is, will suffice for me. The memory of my name will be a patrimony sufficient for my children;" but if his house be so taken from him, so stolen, so falsely dedicated to religion, he cannot live without disgrace. Of course he got back his house; and with his house about £16,000 for its re-erection, and £4000 for the damage done to the Tusculan villa with £2000 for the Formian villa. With these sums he was not contented; and indeed they could hardly have represented fairly the immense injury done to him.

b. c. 56, ætat. 51.

So ended the work of the year of his return. From the following year, besides the speeches, we have twenty-six letters of which nine were written to Lentulus, the late Consul, who had now gone to Cilicia as Proconsul. Lentulus had befriended him, and he found it necessary to show his gratitude by a continued correspondence, and by a close attendance to the interests of the absent officer. These letters are full of details of Roman politics, too intricate for such a work as this – perhaps I might almost say too uninteresting, as they refer specially to Lentulus himself. In one of them he tells his friend that he has at last been able to secure the friendship of Pompey for him. It was, after all, but a show of friendship. He has supped with Pompey, and says that when he talks to Pompey everything seems to go well: no one can be more gracious than Pompey. But when he sees the friends by whom Pompey is surrounded he knows, as all others know, that the affair is in truth going just as he would not have it.8 We feel as we read these letters, in which Pompey's name is continually before us, how much Pompey prevailed by his personal appearance, by his power of saying gracious things, and then again by his power of holding his tongue. "You know the slowness of the man," he says to Lentulus, "and his silence."9 A slow, cautious, hypocritical man, who knew well how to use the allurements of personal manners! These letters to Lentulus are full of flattery.

There are five letters to his brother Quintus, dealing with the politics of the time, especially with the then King of Egypt, who was to be, or was not to be, restored. From all these things, however, I endeavor to abstain as much as possible, as matters not peculiarly affecting the character of Cicero. He gives his brother an account of the doings in the Senate, which is interesting as showing us how that august assembly conducted itself. While Pompey was speaking with much dignity, Clodius and his supporters in vain struggled with shouts and cries to put him down. At noon Pompey sat down, and Clodius got possession of the rostra, and in the middle of a violent tumult remained on his feet for two hours. Then, on Pompey's side, the "optimates" sang indecent songs – "versus obscenissimi" – in reference to Clodius and his sister Clodia. Clodius, rising in his anger, demanded, "Who had brought the famine?" "Pompey," shouted the Clodians. "Who wanted to go to Egypt?" demanded Clodius. "Pompey," again shouted his followers. After that, at three o'clock, at a given signal, they began to spit upon their opponents. Then there was a fight, in which each party tried to drive the others out. The "optimates" were getting the best of it, when Cicero thought it as well to run off lest he should be hurt in the tumult.10 What hope could there be for an oligarchy when such things occurred in the Senate? Cicero in this letter speaks complacently of resisting force by force in the city. Even Cato, the law-abiding, precise Cato, thought it necessary to fall into the fashion and go about Rome with an armed following. He bought a company of gladiators and circus-men; but was obliged to sell them, as Cicero tells his brother with glee, because he could not afford to feed them.11

There are seven letters also to Atticus – always more interesting than any of the others. There is in these the most perfect good-feeling, so that we may know that the complaints made by him in his exile had had no effect of estranging his friend; and we learn from them his real, innermost thoughts, as they are not given even to his brother – as thoughts have surely seldom been confided by one man of action to another. Atticus had complained that he had not been allowed to see a certain letter which Cicero had written to Cæsar. This he had called a παλινωδία, or recantation, and it had been addressed to Cæsar with the view of professing a withdrawal to some extent of his opposition to the Triumvirate. It had been of sufficient moment to be talked about. Atticus had heard of it, and had complained that it had not been sent to him. Cicero puts forward his excuses, and then bursts out with the real truth:

"Why should I nibble round the unpalatable morsel which has to be swallowed?" The recantation had seemed to himself to be almost base, and he had been ashamed of it. "But," says he, "farewell to all true, upright, honest policy. You could hardly believe what treachery there is in those who ought to be our leading men, and who would be so if there was any truth in them."12 He does not rely upon those who, if they were true to their party, would enable the party to stand firmly even against Cæsar. Therefore it becomes necessary for him to truckle to Cæsar, not for himself but for his party. Unsupported he cannot stand in open hostility to Cæsar. He truckles. He writes to Cæsar, singing Cæsar's praises. It is for the party rather than for himself, but yet he is ashamed of it.

There is a letter to Lucceius, an historian of the day then much thought of, of whom however our later world has heard nothing. Lucceius is writing chronicles of the time, and Cicero boldly demands to be praised. "Ut ornes mea postulem"13– "I ask you to praise me." But he becomes much bolder than that. "Again and again I beseech you, without any beating about the bush, to speak more highly of me than you perhaps think that I deserve, even though in doing so you abandon all the laws of history." Then he uses beautiful flattery to his correspondent. Alexander had wished to be painted only by Apelles. He desires to be praised by none but Lucceius. Lucceius, we are told, did as he was asked.

b. c. 56, ætat. 51.

I will return to the speeches of the period to which this chapter is devoted, taking that first which he made to the Senate as to the report of the soothsayers respecting certain prodigies. Readers familiar with Livy will remember how frequently, in time of disaster, the anger of Heaven was supposed to have been shown by signs and miracles, indications that the gods were displeased, and that expiations were necessary.14 The superstition, as is the fate of all superstitions, had frequently been used for most ungodlike purposes. If a man had a political enemy, what could do him better service than to make the populace believe that a house had been crushed by a thunder-bolt, or that a woman had given birth to a pig instead of a child, because Jupiter had been offended by that enemy's devices? By using such a plea the Grecians got into Troy, together with the wooden horse, many years ago. The Scotch worshippers of the Sabbath declared the other day, when the bridge over the Tay was blown away, that the Lord had interposed to prevent travelling on Sunday!

Cicero had not been long back from his exile when the gods began to show their anger. A statue of Juno twisted itself half round; a wolf had been seen in the city; three citizens were struck with lightning; arms were heard to clang, and then wide subterranean noises. Nothing was easier than the preparation and continuing of such portents. For many years past the heavens above and the earth beneath had been put into requisition for prodigies.15 The soothsayers were always well pleased to declare that there had been some neglect of the gods. It is in the nature of things that the superstitious tendencies of mankind shall fall a prey to priestcraft. The quarrels between Cicero and Clodius were as full of life as ever. In this year, Clodius being Ædile, there had come on debates as to a law passed by Cæsar as Consul, in opposition to Bibulus, for the distribution of lands among the citizens. There was a question as to a certain tax which was to be levied on these lands. The tax-gatherers were supported by Cicero, and denounced by Clodius. Then Clodius and his friends found out that the gods were showering their anger down upon the city because the ground on which Cicero's house had once stood was being desecrated by its re-erection. An appeal was made to the soothsayers. They reported, and Cicero rejoined. The soothsayers had of course been mysterious and doubtful. Cicero first shows that the devotion of his ground to sacred purposes had been an absurdity, and then he declares that the gods are angry, not with him but with Clodius. To say that the gods were not angry at all was more than Cicero dared. The piece, taken as a morsel of declamatory art, is full of vigor, is powerful in invective, and carries us along in full agreement with the orator; but at the conclusion we are led to wish that Cicero could have employed his intellect on higher matters.

There are, however, one or two passages which draw the reader into deep mental inquiry as to the religious feelings of the time. In one, which might have been written by Paley, Cicero declares his belief in the creative power of some god – or gods, as he calls them.16 And we see also the perverse dealings of the Romans with these gods, dealings which were very troublesome – not to be got over except by stratagem. The gods were made use of by one party and the other for dishonest state purposes. When Cicero tells his hearers what the gods intended to signify by making noises in the sky, and other divine voices, we feel sure that he was either hoaxing them who heard him or saying what he knew they would not believe.

b. c. 56, ætat. 51.

Previous to the speech as to the "aruspices," he had defended Sextius – or Sestius, as he is frequently called – on a charge brought against him by Clodius in respect of violence. We at once think of the commonplace from Juvenal:

"Quis tulerit Gracchos de seditione querentes."

But Rome, without remonstrating, put up with any absurdity of that kind. Sextius and Milo and others had been joined together in opposing the election of Clodius as Ædile, and had probably met violence with violence. As surely as an English master of hounds has grooms and whips ready at his command, Milo had a band of bullies prepared for violence. Clodius himself had brought an action against Milo, who was defended by Pompey in person. The case against Sextius was intrusted to Albinovanus, and Hortensius undertook the defence. Sextius before had been one of the most forward in obtaining the return of Cicero, and had travelled into Gaul to see Cæsar and to procure Cæsar's assent. Cæsar had not then assented; but not the less great had been the favor conferred by Sextius on Cicero. Cicero had been grateful, but it seems that Sextius had thought not sufficiently grateful; hence there had grown up something of a quarrel. But Cicero, when he heard of the proceeding against his old friend, at once offered his assistance. For a Roman to have more than one counsel to plead for him was as common as for an Englishman. Cicero was therefore added to Hortensius, and the two great advocates of the day spoke on the same side. We are told that Hortensius managed the evidence, showing, probably, that Clodius struck the first blow. Cicero then addressed the judges with the object of gaining their favor for the accused. In this he was successful, and Sextius was acquitted. As regards Sextius and his quarrel with Clodius, the oration has but little interest for us. There is not, indeed, much about Sextius in it. It is a continuation of the pæan which Cicero was still singing as to his own return, but it is distinguished from his former utterances by finer thought and finer language. The description of public virtue as displayed by Cato has perhaps, in regard to melody of words and grandeur of sentiment, never been beaten. I give the orator's words below in his own language, because in no other way can any idea of the sound be conveyed.17 There is, too, a definition made very cleverly to suit his own point of view between the conservatives and the liberals of the day. "Optimates" is the name by which the former are known; the latter are called "Populares."18

Attached to this speech for Sextius is a declamation against Vatinius, who was one of the witnesses employed by the prosecutor. Instead of examining this witness regularly, he talked him down by a separate oration. We have no other instance of such a forensic manœuvre either in Cicero's practice or in our accounts of the doings of other Roman advocates. This has reached us as a separate oration. It is a coarse tirade of abuse against a man whom we believe to have been bad, but as to whom we feel that we are not justified in supposing that we can get his true character here. He was a creature of Cæsar's, and Cicero was able to say words as to Vatinius which he was unwilling to speak as to Cæsar and his doings. It must be added here that two years later Cicero pleaded for this very Vatinius, at the joint request of Cæsar and Pompey, when Vatinius on leaving the Prætorship was accused of corruption.

b. c. 56, ætat. 51.

The nature of the reward to which the aspiring oligarch of Rome always turned his eyes has been sufficiently explained. He looked to be the governor of a province. At this period of which we are speaking there was no reticence in the matter. Syria, or Macedonia, or Hispania had been the prize, or Sicily, or Sardinia. It was quite understood that an aspiring oligarch went through the dust and danger and expense of political life in order that at last he might fill his coffers with provincial plunder. There were various laws as to which these governments were allotted to the plunderers. Of these we need only allude to the Leges Semproniæ, or laws proposed b. c. 123, by Caius Sempronius Gracchus, for the distribution of those provinces which were to be enjoyed by Proconsuls. There were prætorian provinces and consular provinces, though there was no law making it sure that any province should be either consular or prætorian. But the Senate, without the interference of the people and free from the Tribunes' veto, had the selection of provinces for the Consuls; whereas, for those intended for the Prætors, the people had the right of voting and the Tribunes of the people had a right of putting a veto on the propositions made. Now, in this year there came before the Senate a discussion as to the fate of three Proconsuls – not as to the primary allocation of provinces to them, but on the question whether they should be continued in the government which they held. Piso was in Macedonia, where he was supposed to have disgraced himself and the Empire which he served. Gabinius was in Syria, where it was acknowledged that he had done good service, though his own personal character stood very low. Cæsar was lord in the two Gauls – that is, on both sides of the Alps, in Northern Italy, and in that portion of modern France along the Mediterranean which had been already colonized – and was also governor of Illyricum. He had already made it manifest to all men that the subjugation of a new empire was his object rather than provincial plunder. Whether we love the memory of Cæsar as of a great man who showed himself fit to rule the world, or turn away from him as from one who set his iron heel on the necks of men, and by doing so retarded for centuries the liberties of mankind, we have to admit that he rose by the light of his own genius altogether above the ambition of his contemporaries. If we prefer, as I do, the humanity of Cicero, we must confess to ourselves the supremacy of Cæsar, and acknowledge ourselves to belong to the beaten cause. "Victrix causa Deis placuit; sed victa Catoni." In discussing the fate of these proconsular officials we feel now the absurdity of mixing together in the same debate the name of Piso and Gabinius with that of Cæsar. Yet such was the subject in dispute when Cicero made his speech, De Provinciis Consularibus, as to the adjudication of the consular provinces.

There was a strong opinion among many Senators that Cæsar should be stopped in his career. I need not here investigate the motives, either great or little, on which this opinion was founded. There was hardly a Senator among them who would not have wished Cæsar to be put down, though there were many who did not dare declare their wishes. There were reasons for peculiar jealousy on the part of the Senate. Cisalpine Gaul had been voted for him by the intervention of the people, and especially by that of the Tribune Vatinius – to Cæsar who was Consularis, whose reward should have been an affair solely for the Senate. Then there had arisen a demand, a most unusual demand, for the other Gaul also. The giving of two provinces to one governor was altogether contrary to the practice of the State; but so was the permanent and acknowledged continuance of a conspiracy such as the Triumvirate unusual. Cæsar himself was very unusual. Then the Senate, feeling that the second province would certainly be obtained, and anxious to preserve some shred of their prerogative, themselves voted the Farther Gaul. As it must be done, let it at any rate be said that they had done it. But as they had sent Cæsar over the Alps so they could recall him, or try to recall him. Therefore, with the question as to Piso and Gabinius, which really meant nothing, came up this also as to Cæsar, which meant a great deal.

But Cæsar had already done great things in Gaul. He had defeated the Helvetians and driven Ariovistus out of the country. He had carried eight legions among the distant Belgæ, and had conquered the Nervii. In this very year he had built a huge fleet, and had destroyed the Veneti, a seafaring people on the coast of the present Brittany. The more powerful he showed himself to be, the more difficult it was to recall him; but also the more desirable in the eyes of many. In the first portion of his speech Cicero handles Piso and Gabinius with his usual invective. There was no considerable party desirous of renewing to them their governments, but Cicero always revelled in the pleasure of abusing them. He devotes by far the longer part of his oration to the merit of Cæsar.19 As for recalling him, it would be irrational. Who had counted more enemies in Rome than Marius? but did they recall Marius when he was fighting for the Republic?20 Hitherto the Republic had been forced to fear the Gauls. Rome had always been on the defence against them. Now it had been brought about by Cæsar that the limits of the world were the limits of the Roman Empire.21 The conquest was not yet finished, but surely it should be left to him who had begun it so well. Even though Cæsar were to demand to return himself, thinking that he had done enough for his own glory, it would be for the Senators to restrain him – for the Senate to bid him finish the work that he had in hand.22 As for himself, continued Cicero, if Cæsar had been his enemy, what of that? Cæsar was not his enemy now. He had told the Senate what offers of employment Cæsar had made him. If he could not forget, yet he would forgive, former injuries.23

It is important for the reading of Cicero's character that we should trace the meaning of his utterances about Cæsar from this time up to the day on which Cæsar was killed – his utterances in public, and those which are found in his letters to Atticus and his brother. That there was much of pretence – of falsehood, if a hard word be necessary to suit the severity of those who judge the man hardly – is admitted. How he praised Pompey in public, dispraising him in private, at one and the same moment, has been declared. How he applied for praise, whether deserved or not, has been shown. In excuse, not in defence, of this I allege that the Romans of the day were habitually false after this fashion. The application to Lucceius proves the habitual falseness not of Cicero only, but of Lucceius also; and the private words written to Atticus, in opposition to the public words with which Atticus was well acquainted, prove the falseness also of Atticus. It was Roman; it was Italian; it was cosmopolitan; it was human. I only wish that it were possible to declare that it is no longer Italian, no longer cosmopolitan, no longer human. To this day it is very difficult even for an honorable man to tell the whole truth in the varying circumstances of public life. The establishment of even a theory of truth, with all the advantages which have come to us from Christianity, has been so difficult, hitherto so imperfect, that we ought, I think, to consider well the circumstances before we stigmatize Cicero as specially false. To my reading he seems to have been specially true. When Cæsar won his way up to power, Cicero was courteous to him, flattered him, and, though, never subservient, yet was anxious to comply when compliance was possible. Nevertheless, we know well that the whole scheme of Cæsar's political life was opposed to the scheme entertained by Cicero. It was Cicero's desire to maintain as much as he could of the old form of oligarchical rule under which, as a constitution, the Roman Empire had been created. It was Cæsar's intention to sweep it all away. We can see that now; but Cicero could only see it in part. To his outlook the man had some sense of order, and had all the elements of greatness. He was better, at any rate, than a Verres, a Catiline, a Clodius, a Piso, or a Gabinius. If he thought that by flattery he could bring Cæsar somewhat round, there might be conceit in his so thinking, but there could be no treachery. In doing so he did not abandon his political beau ideal. If better times came, or a better man, he would use them. In the mean time he could do more by managing Cæsar than by opposing him. He was far enough from succeeding in the management of Cæsar, but he did do much in keeping his party together. It was in this spirit that he advocated before the Senate the maintenance of Cæsar's authority in the two Gauls. The Senate decreed the withdrawal of Piso and Gabinius, but decided to leave Cæsar where he was. Mommsen deals very hardly with Cicero as to this period of his life. "They used him accordingly as – what he was good for – an advocate." "Cicero himself had to thank his literary reputation for the respectful treatment which he experienced from Cæsar." The question we have to ask ourselves is whether he did his best to forward that scheme of politics which he thought to be good for the Republic. To me it seems that he did do so. He certainly did nothing with the object of filling his own pockets. I doubt whether as much can be said with perfect truth as to any other Roman of the period, unless it be Cato.

Balbus, for whom Cicero also spoke in this year, was a Spaniard of Cadiz, to whom Pompey had given the citizenship of Rome, who had become one of Cæsar's servants and friends, and whose citizenship was now disputed. Cicero pleaded in favor of the claim, and gained his cause. There were, no doubt, certain laws in accordance with which Balbus was or was not a citizen; but Cicero here says that because Balbus was a good man, therefore there should be no question as to his citizenship.24 This could hardly be a good legal argument. But we are glad to have the main principles of Roman citizenship laid down for us in this oration. A man cannot belong to more than one State at a time. A man cannot be turned out of his State against his will. A man cannot be forced to remain in his State against his will.25 This Balbus was acknowledged as a Roman, rose to be one of Cæsar's leading ministers, and was elected Consul of the Empire b. c. 40. Thirty-four years afterward his nephew became Consul. Nearly three centuries after that, a. d. 237, a descendant of Balbus was chosen as Emperor, under the name of Balbinus, and is spoken of by Gibbon with eulogy.26