CHAPTER VIII

THE LATIN ORATORS

their style and means

The Latin temperament being practical, whereas the Grecian was highly imaginative, it was a long time before Roman oratory escaped from the hardness of competition and delivery that pervaded it for many centuries, and it was not until the conquest of Greece that the classic style of oratory made its deep impress upon the work of the Roman orators.

The elder Cato was austere in matter and manner, and the younger Cato, dying 103 years after the death of his great-grandfather, inherited many of his characteristics, and although his oratory displayed candor, truth, and courage, it lacked the finish, smoothness, and grace of the Grecian school, which qualities were, to a great extent, possessed by Cicero, Caesar, Crassus, and Marc Antony. Caius Gracchus and his brother Tiberius had a marked influence upon the Roman style of oratory by softening and smoothing it, but this influence was not strongly felt until the coming of Cicero, and that marvellous group of statesmen, politicians, and orators which embraced Pompey, Crassus, Caesar, Cato, Antonius (Marc Antony), and Hortensius. The Latin oratory had been candid but hard, and lacked all the grace that made the Grecian oratory so bewitching; but Cicero, by combining the candor of the Roman style with the beauty of the Grecian, produced a form of oratory that has not been surpassed by any other orator.

Crassus was undoubtedly an orator of the first rank. Plutarch said of him: “As for learning, he chiefly cared for rhetoric, and what would be serviceable with large numbers; he became one of the best speakers at Rome, and by his pains and industry outdid the best natural orators.” Little of his matter has come down to us.

Julius Caesar, among his other powers, possessed that of oratory, and were it not for his transcendent abilities as a solider, which overshadowed his other talents, his oratorical ability would have insured him a place in history.

Marc Antony was another great orator of the Ciceronian period, but nothing very authentic of his has come down to us. Shakespeare was indebted to Plutarch for his idea of the oration over the body of Caesar, and this matchless oration no doubt gives us a just conception of Antony’s style. History tells us that Antony possessed almost unnatural influence over his soldiers through his eloquence, and that when they were discouraged over long marches, hardships, and privations, he would go the rounds of his encampment, addressing his troops; that he would so enthuse them that they would forget their fears and miseries, and rush with him to victory. The speech delivered over the body of Caesar by Marc Antony is reported by Dion Cassius in his History of Rome, but how much of it was spoken by Antony is problematical.

The selections here given will convey a clear and comprehensive idea of the scope and style of Roman oratory in its palmiest days.

cato the censor

Marcus Porcius Cato, surnamed Censorius, or Major, Roman statesman, general, and orator, bas born at Tusculum, 234 b. c., and died in 149 b. c. He was scrupulously honest himself, and demanded honesty in all who would serve the state. He opposed the influence of Greek civilization over the Romans, and conceived it to be his duty to prevent new ideas being taught to the younger men of his generation. He was a maintainer of primitive discipline, and it was for this reason he gained the title of the Censor. The speech here given displays his character and style to perfection. It was delivered in the Roman Forum in 215 b. c.

Speech in Support of the Oppian Law. If, Romans, every individual among us had made it a rule to maintain the prerogative and authority of a hundred with respect to his own wife, we should have less trouble with the whole sex. But now our privileges, overpowered at home by female contumacy, are, even here in the Forum, spurned and trodden under foot; and because we are unable to withstand each separately, we now dread their collective body. I was accustomed to think it a fabulous and fictitious tale that in a certain island the whole race of males was utterly extirpated by a conspiracy of the women.

But the utmost danger may be apprehended equally from either sex if you suffer cabals and secret consultations to be held: scarcely indeed can I determine, in my own mind, whether the act itself, or the precedent that it affords, is of more pernicious tendency. The latter of these more particularly concerns us consuls and the other magistrates; the former, you, my fellow-citizens: for, whether the measure proposed to your consideration be profitable to the state or not, is to be determined by you, who are to vote on the occasion.

As to the outrageous behavior of these women, whether it be merely an act of their own, or owing to your instigations, Marcus Fundanius and Lucius Valerius, it unquestionably implies culpable conduct in magistrates. I know not whether it reflects greater disgrace on you, tribunes, or on the consul: on you certainly, if you have brought these women hither for the purpose of raising tribunician seditions; on us, if we suffer laws to be imposed on us by a secession of women, as was done formerly by that of the common people. It was not without painful emotions of shame that I, just now, made my way into the Forum through the midst of a band of women.

Had I not been restrained by respect for the modesty and dignity of some individuals among them, rather than of the whole number, and been unwilling that they should be seen rebuked by a consul, I should not have refrained from saying to them, “What sort of practice is this, of running out into the public, besetting the streets, and addressing other women’s husbands? Could not each have made the same request to her husband at home? Are your blandishments more seducing in public than in private, and with other women’s husbands than with your own? Although if females would let their modesty confine them within the limits of their own right, it did not become you, even at home, to concern yourselves about any laws that might be passed or repealed here.” Our ancestors thought it not proper that women should perform any, even private, business, without a director, but that they should be ever under the control of parents, brothers, or husbands. We, it seems, suffer them, now, to interfere in the management of state affairs, and to thrust themselves into the Forum, into general assemblies, and into assemblies of election: for what are they doing at this moment in your streets and lanes? What, but arguing, some in support of the motion of tribunes; others contending for the repeal of the law?

Will you give the reins to their intractable nature, and then expect that themselves should set bounds to their licentiousness, and without your interference? This is the smallest of the injunctions laid on them by usage or the laws, all of which women bear with impatience: they long for entire liberty; nay, to speak the truth, not for liberty, but for unbounded freedom in every particular: for what will they not attempt if they now come off victorious? Recollect all the institutions respecting the sex, by which our forefathers restrained their profligacy and subjected them to their husbands; and yet, even with the help of all these restrictions, they can scarcely be kept within bounds. If, then, you suffer them to throw these off one by one, to tear them all asunder, and, at last, to be set on an equal footing with yourselves, can you imagine that they will be any longer tolerable? Suffer them once to arrive at an equality with you, and they will from that moment become your superiors.

But, indeed, they only object to any new law being made against them; they mean to deprecate, not justice, but severity. Nay, their wish is that a law which you have admitted, established by your suffrages, and found in the practice and experience of so many years to be beneficial, should now be repealed; and that by abolishing one law you should weaken all the rest. No law perfectly suits the convenience of every member of the community; the only consideration is, whether, on the whole, it is profitable to the greater part. If, because a law proves obnoxious to a private individual, it must therefore be cancelled and annulled, to what purpose is it for the community to enact laws, which those, whom they were particularly intended to comprehend, could presently repeal? Let us, however, inquire what this important affair is which has induced the matrons thus to run out into public in this indecorous manner, scarcely restraining from pushing into the Forum and the assembly of the people.

Is it to solicit that their parents, their husbands, children, and brothers may be ransomed from captivity under Hannibal?

By no means: and far be ever from the commonwealth so unfortunate a situation. Yet, when such was the case, you refused this to the prayers which, on that occasion, their duty dictated. But it is not duty, nor solicitude for their friends; it is religion that has collected them together. They are about to receive the Idaean Mother, coming out of Phrygia from Pessinus.

What motive, that even common decency will not allow to be mentioned, is pretended for this female insurrection? Hear the answer:

That we may shine in gold and purple; that both on festival and common days, we may ride through the city in our chariots, triumphing over vanquished and abrogated law, after having captured and wrested from your suffrages; and that there may be no bounds to our expenses and our luxury.

Often have you heard me complain of the profuse expenses of the women—often of these of the man; and that not only of men in private stations, but of the magistrates; and that the state was endangered by two opposite vices, luxury and avarice; these pests which have ever been the ruin of every great state. These I dread the more, as the circumstances of the commonwealth grow daily more prosperous and happy; as the empire increases; as we have passed over into Greece and Asia, places abounding with every kind of temptation that can inflame the passions; and as we have begun to handle even royal treasures; for I greatly fear that these matters will rather bring us into captivity than we them.

Believe me, those statues from Syracuse made their way into this city with hostile effect. I already hear too many commending and admiring the decorations of Athens and Corinth, and ridiculing the earthen images of our Roman gods that stand on the fronts of their temples. For my part, I prefer these gods—propitious as they are, and I hope will continue, if we allow them to remain in their own mansions.

In the memory of our fathers, Pyrrhus, by his ambassador Cineas, made trial of the dispositions, not only of our men, but of our women also, by offers of presents: at that time the Oppian law, for restraining female luxury, had not been made; and yet not one woman accepted a present. What, think you, was the reason? That for which our ancestors made no provision by law on this subject: there was no luxury existing which might be restrained.

As diseases must necessarily be known before their remedies, so passions come into being before the laws which prescribe limits to them. What called forth the Licinian law, restricting estates to five hundred acres, but the unbounded desire of enlarging estates? What the Cineian law, concerning gifts and presents, but that the plebeians had become vassals and tributaries to the senate? It is not, therefore, in any degree surprising that no want of the Oppian Law, or of any other, to limit the expenses of the women, was felt at that time, when they refused to receive gold and purple that was thrown in their way and offered to their acceptance. If Cineas were now to go round the city with his presents, he would find numbers of women standing in the public streets ready to receive them.

There are some passions the causes or motives of which I can no way account for. To be debarred of a liberty in which another is indulged may perhaps naturally excite some degree of shame or indignation; yet, when the dress of all is alike, what inferiority in appearance can any one be ashamed of? Of all kinds of shame, the worst, surely, is the being ashamed of frugality or of poverty; but the law relieves you with regard to both; you want only that which it is unlawful for you to have.

This equalization, says the rich matron, is the very thing that I cannot endure. Why do I not make a figure, distinguished with gold and purple? Why is the poverty of others concealed under this cover of law, so that it should be thought that, if the law permitted, they would have such things as they are not now able to procure? Romans, do you wish to excite among your wives an emulation of this sort, that the rich should wish to have what no other can have; and that the poor, lest they should be despised as such, should extend their expenses beyond their abilities? Be assured that when a woman once begins to be ashamed of what she ought not to be ashamed of, she will not be ashamed of what she ought. She who can, will purchase out of her own purse; she who cannot, will ask her husband.

Unhappy is the husband, both he who complies with the request and he who does not; for what he will not give himself, another will. Now they openly solicit favors from other women’s husbands: and, what is more, solicit a law and votes. From some they obtain them; although, with regard to you, your property, or your children, you would find it hard to obtain anything from them. If the law ceases to limit the expenses of your wife, you yourself will never be able to limit them. Do not suppose that the matter will hereafter be in the same state in which it was before the law was made on the subject. It is safer that a wicked man should never be accused than he should be acquitted; and luxury, if it had never been meddled with, would be more tolerable than it will be, now, like a wild beast, irritated by having been chained and then let loose. My opinion is that the Oppian law ought on no account to be repealed. Whatever determination you may come to, I pray all the gods to prosper it.

cato the younger

Marcus Porcius Cato, great-grandson of Cato the Censor, and distinguished from him by being called Uticensis, from the city of Utica, where he met his death, was born 95 b. c., and died by his own hand in 46 b. c. He resembled his great ancestor in the severity of his opposition to views entertained by others that differed from his own, yet this was somewhat softened by his Greek training, which modified greatly the hard and stubborn spirit of the old Latin race. He was a brave man, a lover of his country, and a great orator.

On the Punishment of the Catiline Conspirators (63 b. c.). My feelings, Conscript Fathers, are extremely different when I contemplate our circumstances and dangers, and when I revolve in my mind the sentiments of some who have spoken before me. Those speakers, as it seems to me, have considered only how to punish the traitors who have raised war against their country, their parents, their altars, and their homes; but the state of affairs warns us rather to secure ourselves against them, than to take counsel as to what sentence we should pass upon them. Other crimes you may punish after they have been committed; but as to this, unless you prevent its commission, you will, when it has once taken effect, in vain appeal to justice. When the city is taken, no power is left to the vanquished.

But, in the name of the immortal gods, I call upon you who have always valued your mansions and villas, your statues and pictures, at a higher price than the welfare of your country, if you wish to preserve those possessions, of whatever kind they are, to which you are attached; if you wish to secure quiet for the enjoyment of your pleasures, arouse yourselves and act in defense of your country. We are not now debating on the revenues, or on injuries done to our allies, but our liberty and our life are at stake.

Often, Conscript Fathers, have I spoken at great length in this assembly; often have I complained of the luxury and avarice of our citizens, and, by that very means, have incurred the displeasure of many. I, who never excused to myself, or to my own conscience, the commission of any fault, could not easily pardon the misconduct, or indulge the licentiousness, of others. But though you little regarded my remonstrances, yet the republic remained secure; its own strength was proof against your remissness. The question, however, at present under discussion, is not whether we live in a good or bad state of morals; nor how great, nor how splendid, the empire of the Roman people is; but whether these things around us, of whatever value they are, are to continue our own, or to fall, with ourselves, into the hands of the enemy.

In such a case, does any one talk to me of gentleness and compassion? For some time past, it is true, we have lost the real names of things; for to lavish the property of others is called generosity, and audacity in wickedness is called heroism, and hence the state is reduced to the brink of ruin. But let those who thus misname things be liberal, since such is the practice, out of the property of our allies; let them be merciful to the robbers of the treasury; but let them not lavish our blood, and, while they spare a few criminals, bring destruction on all the guiltless.

Caius Caesar, a short time ago, spoke in fair and elegant language, before this assembly, on the subject of life and death; considering as false, I suppose, what is told of the dead—that the bad, going a different way from the good, inhabit places gloomy, desolate, dreary, and full of horror. He accordingly proposes that the property of the conspirators should be confiscated, and themselves kept in custody in the municipal towns; fearing, it seems, that, if they remained at Rome, they might be rescued either by their accomplices in the conspiracy, or by a hired mob; as if, forsooth, the mischievous and profligate were to be found only in the city, and not through the whole of Italy, or as if desperate attempts would not be more likely to succeed where there is less power to resist them. His proposal, therefore, if he fears any danger from them, is absurd; but if, amid such universal terror, he alone is free from alarm, it the more concerns me to fear for you and myself.[1]

Be assured, then, that when you decide on the fate of Lentulus and the other prisoners, you at the same time determine that of the army of Catiline, and of all the conspirators. The more spirit you display in your decision, the more will their confidence be diminished; but if they shall perceive you in the smallest degree irresolute, they will advance upon you with fury.

Do not suppose that our ancestors, from so small a commencement, raised the republic to greatness merely by force of arms. If such had been the case, we should enjoy it in a most excellent condition; for of allies and citizens, as well as arms and horses, we have a much greater abundance than they had. But there were other things which made them great, but which among us have no existence—such as industry at home, equitable government abroad, and minds impartial in council, uninfluenced by any immoral or improper feeling. Instead of such virtues, we have luxury and avarice, public distress and private superfluity; we extol wealth, and yield to indolence; no distinction is made between good men and bad; and ambition usurps the honors due to virtue. Nor is this wonderful; since you study each his individual interest, and since at home you are slaves to pleasure, and here to money or favor; and hence it happens that an attack is made on the defenseless state.

But on these subjects I shall say no more. Certain citizens of the highest rank, have conspired to ruin their country; they are engaging the Gauls, the bitterest foes of the Roman name, to join in a war against us; the leader of the enemy is ready to make a descent upon us; and do you hesitate, even in such circumstances, how to treat armed incendiaries arrested within your walls? I advise you to have mercy upon them; they are young men who have been led astray by ambition; send them away, even with arms in their hands. But such mercy, and such clemency, if they turn those arms against you, will end in misery to yourselves. The case is, assuredly, dangerous, but you do not fear it; yes, you fear it greatly, but you hesitate now to act, through weakness and want of spirit, waiting one for another, and trusting to the immortal gods, who have so often preserved your country in the greatest dangers. But the protection of the gods is not obtained by vows and effeminate supplications; it is by vigilance, activity, and prudent measures, that general welfare is secured. When you are once resigned to sloth and indolence, it is in vain that you implore the gods; for they are then indignant and threaten vengeance.

In the days of our forefathers, Titus Manlius Torquatus, during a war with the Gauls, ordered his own son to be put to death because he had fought with an enemy contrary to orders. That noble youth suffered for excess of bravery; and do you hesitate what sentence to pass on the most inhuman of traitors? Perhaps their former life is at variance with their present crime. Spare, then, the dignity of Lentulus, if he has ever spared his own honor or character, or had any regard for the gods or for men. Pardon the youth of Cethegus, unless this be the second time that he has made war upon his country. As to Gabinius, Statilius, Coeparius, why should I make any remark upon them? Had they ever possessed the smallest share of discretion they would never have engaged in such a plot against their country.

In conclusion, Conscript Fathers, if there were time to amend an error, I might easily suffer you, since you disregard words, to be corrected by experience of consequences. But we are beset by dangers on all sides; Catiline, with his army, is ready to devour us; while there are other enemies within the walls, and in the heart of the city; nor can any measures be taken, or any plans arranged, without their knowledge. The more necessary is it, therefore, to act with promptitude. What I advise, then, is this: That, since the state, by a treasonable combination of abandoned citizens, has been brought into the greatest peril; and since the conspirators have been convicted on the evidence of Titus Volturcius, and the deputies of the Allobroges, and on their own confession, of having concerted massacres, conflagrations, and other horrible and cruel outrages, against their fellow citizen and their country, punishment be inflicted, according to the usage of our ancestors, on the prisoners who have confessed their guilt, as on the men convicted of capital crimes.[2]

julius caesar

Caius Julius Caesar was born about 100 b. c., and died at the hands of Brutus, Cassius, and their fellow-conspirators in 44 b. c. He was a marvellous man in every respect, achieving almost equal eminence as a solider, a statesman, a man of letters and an orator. He advised against putting to death those who were engaged with Catiline in his conspiracy, and had Cicero listened to his advice, and refrained from executing Lentulus, Cethegus, Statilius, Gabinius, and others, he would have escaped the humiliation of banishment on the charge of unlawfully putting to death a Roman citizen.

Speech Delivered in the Roman Senate on the Treatment of the Catiline Conspirators. It becomes all men, Conscript Fathers, who deliberate on dubious matters, to be influenced neither by hatred, affection, anger, nor pity. The mind, when such feelings obstruct its view, cannot easily see what is right; nor has any human being consulted, at the same moment, his passions and his interest. When the mind is freely exerted, its reasoning is sound; but passion, if it gain possession of it, becomes its tyrant, and reason is powerless.

I could easily mention, Conscript Fathers, numerous examples of kings and nations, who, swayed by resentment or compassion, have adopted injudicious courses of conduct; but I had rather speak of those instances in which our ancestors, in opposition to the impulse of passion, acted with wisdom and sound policy.

In the Macedonian war, which we carried on against King Perses, the great and powerful state of Rhodes, which had risen by the aid of the Roman people, was faithless and hostile to us; yet, when the war was ended, and the conduct of the Rhodians was taken into consideration, our forefathers left them unmolested, lest any should say that war was made upon them for the sake of seizing their wealth, rather than of punishing their faithlessness. Throughout the Punic wars, too, through the Carthaginians, both during peace and in suspension of arms, were guilty of many acts of injustice, yet our ancestors never took occasion to retaliate, but considered rather what was worthy of themselves than what might justly be inflicted on their enemies.

Similar caution, Conscript Fathers, is to be observed by yourselves, that the guilt of Lentulus, and the other conspirators, may not have greater weight with you than your own dignity, and that you may not regard your indignation more than your character. If indeed, a punishment adequate to their crimes be discovered, I consent to extraordinary measures; but if the enormity of their crime exceeds whatever can be devised, I think that we should inflict only such penalties as the laws have provided.

Most of those who have given their opinions before me have deplored, in studied and impressive language, the sad fate that threatens the republic; they have recounted the barbarities of war, and the afflictions that would fall on the vanquished; they have told us that maidens would be dishonored, and youths abused; that children would be torn from the embraces of their parents; that matrons would be subjected to the pleasure of the conquerors; that temples and dwelling-houses would be plundered; that massacres and fires would follow; and that every place would be filled with arms, corpses, blood, and lamentations. But to what end, in the name of the eternal gods! was such eloquence directed? Was it intended to render you indignant at the conspiracy? A speech, no doubt, will inflame him whom so frightful and monstrous a reality has not provoked! Far from it: for to no man does evil, directly against himself, appear a light matter; many, on the contrary, have felt it more seriously than was right.

But to different persons, Conscript Fathers, different degrees of license are allowed. If those who pass a life sunk in obscurity commit any error, through excessive anger, few become aware of it, for their fame is as limited as their fortune; but of those who live invested with extensive power, and in an exalted station, the whole world knows the proceedings. Thus in the highest position there is the least liberty of action; and it becomes us to indulge neither partiality nor aversion, but least of all animosity; for what in others is called resentment is in the powerful termed violence and cruelty.

I am, indeed, of opinion, Conscript Fathers, that the utmost degree of torture is inadequate to punish their crime; but the generality of mankind dwell on that which happens last, and, in the case of malefactors, forget their guilt, and talk of their punishment, should that punishment have been inordinately severe. I feel assured, too, that Decimus Silanus, a man of spirit and resolution, made the suggestions which he offered, from zeal for the state, and that he had no view, in so important a matter, to favor or to enmity; such I know to be his character, and such his discretion. Yet his proposal appears to me, I will not say cruel (for what can be cruel that is directed against such characters?), but foreign to our policy. For, assuredly, Silanus, either your fears, or their treason, must have induced you, a consul-elect, to propose this new kind of punishment. Of fear it is unnecessary to speak, when, by the prompt activity of that distinguished man our consul, such numerous forces are under arms; and as to the punishment, we may say, what is, indeed, the truth, that in trouble and distress death is a relief from suffering, and not a torment; that it puts an end to all human woes; and that, beyond it, there is no place either for sorrow or joy.

But why, in the name of the immortal gods, did you not add to your proposal, Silanus, that, before they were put to death they should be punished with the scourge? Was it because the Porcian law forbids it? But other laws forbid condemned citizens to be deprived of life, and allow them to go into exile. Or was it because scourging is a severer penalty than death? Yet what can be too severe, or too harsh, toward men convicted of such an offence? But if scourging be a milder punishment than death, how is it consistent to observe the law as to the smaller point, when you disregard it as to the greater?

But who, it may be asked, will blame any severity that shall be decreed against these parricides of their country? I answer that time, the course of events, and fortune, whose caprice governs nations, may blame it. Whatever shall fall on the traitors, will fall on them justly; but it is for you, Conscript Fathers, to consider well what you resolve to inflict on others. All precedents productive of evil effects had their origin from what was good; but when a government passes into the hands of the ignorant and unprincipled, any new example of severity, inflicted on deserving and suitable objects, is extended to those that are improper and undeserving of it. The Lacedaemonians, when they had conquered the Athenians, appointed thirty men to govern their state. These thirty began their administration by putting to death, even without a trial, all who were notoriously wicked, or publicly detestable; acts at which the people rejoiced, and extolled their justice. But afterward, when their lawless power gradually increased, they proceeded, at their pleasure, to kill the good and bad indiscriminately, and to strike terror into all; and thus the state, overpowered and enslaved, paid a heavy penalty for its imprudent exultation.

Within our own memory, too, when the victorious Sylla ordered Damasippus, and others of similar character, who had risen by distressing their country, to be put to death, who did not commend the proceeding? All exclaimed that wicked and factious men, who had troubled the state with their seditious practices, had justly forfeited their lives. Yet this proceeding was the commencement of great bloodshed. For whenever any one coveted the mansion or villa, or even the plate or apparel of another, he exerted his influence to have him numbered among the proscribed. Thus they, to whom the death of Damasippus had been a subject of joy, were soon after dragged to death themselves; nor was there any cessation of slaughter, until Sylla had glutted all his partisans with riches.

Such excesses, indeed, I do not fear from Marcus Tullius, or in these times. But in a large state there arise many men of various dispositions. At some other period, and under another consul, who, like the present, may have an army at his command, some false accusation may be credited as true; and when, with our example for a precedent, the consul shall have drawn the sword on the authority of the senate, who shall stay its progress, or moderate its fury?

Our ancestors, Conscript Fathers, were never deficient in conduct or courage; nor did pride prevent them from imitating the customs of other nations, if they appeared deserving of regard. Their armor, and weapons of war, they borrowed from the Samnites; their ensigns of authority, for the most part, from the Etrurians; and, in short, whatever appeared eligible to them, whether among allies or among enemies, they adopted at home with the greatest readiness, being more inclined to emulate merit than to be jealous of it. But at the same time, adopting a practice from Greece, they punished their citizens with the scourge, and inflicted capital punishment on such as were condemned. When the republic, however, became powerful, and faction grew strong from the vast number of citizens, men began to involve the innocent in condemnation, and other like abuses were practiced; and it was then that the Porcian and other laws were provided, by which condemned citizens were allowed to go into exile. This lenity of our ancestors, Conscript Fathers, I regard as a very strong reason why we should not adopt any new measures of severity. For assuredly there was greater merit and wisdom in those, who raised so mighty an empire from humble means than in us, who can scarcely preserve what they so honorably acquired. Am I of opinion, then, you will ask, that the conspirators should be set free, and that the army of Catiline should thus be increased? Far from it; my recommendation is, that their property be confiscated, and that they themselves be kept in custody in such of the municipal towns as are best able to bear the expense; that no one hereafter bring their case before the senate, or speak on it to the people; and that the senate now give their opinion that he who shall act contrary to this, will act against the republic and general safety.

catiline

Lucius Sergius Catilina (Catiline), who is best known for his conspiracy against the government of Rome, was born about the year 108 b. c., and was killed in the battle of Faesulae, Italy, in 62 b. c. He was a man of dissolute habits, devoid of any moral sense, a murderer, and a traitor, yet he was a brave soldier and an able orator. In Catiline’s time the lower classes were in a wretched state of poverty and had strong reasons for discontent with the government. This fact Catiline seized upon with masterly effect, for through it a free pardon and large rewards were offered to all who would desert his cause and testify regarding the conspiracy, not one of Catiline’s followers betrayed him. Catiline failed, not through the weakness of his cause, nor for his lack of ability, but because of the utter worthlessness of his character.

Speech to the Conspirators. If your courage and fidelity has not been sufficiently proved by me, this favorable opportunity would have occurred to no purpose; mighty hopes, absolute power, would in vain be within our grasp; nor should I, depending on irresolution or fickle-mindedness, pursue contingencies instead of certainties. But as I have, on so many remarkable occasions, experienced your bravery and attachment to me, I have ventured to engage in a most important and glorious enterprise. I am aware, too, that whatever advantages or evils affect you, the same affect me; and to have the same desires and the same aversions is assuredly a firm bond of friendship.

What I have been meditating you have already heard separately. But my ardor for action is daily more and more excited when I consider what our future condition of life must be unless we ourselves assert our claims to liberty. For, since the government has fallen under the power and jurisdiction of a few, kings and princes have constantly been their tributaries; nations and states have paid them taxes; but all the rest of us, however brave and worthy, whether noble or plebeian, have been regarded as a mere mob, without interest or authority, and subject to those to whom, if the state were in a sound condition, we should be a terror. Hence all influence, power, honor, and wealth, are in their hands, or where they dispose of them; to us, they have left only insults, dangers, persecutions, and poverty. To such indignities, O bravest of men, how long will you submit? Is it not better to die in a glorious attempt, than, after having been the derision of other men’s insolence, to resign a wretched and degraded existence with ignominy?

But success (I call gods and men to witness) is in our own hands. Our years are fresh, our spirit is unbroken; among our oppressors, on the contrary, through age and wealth a general debility has been produced. We have, therefore, only to make a beginning; the course of events will accomplish the rest.

Who in the world, indeed, that has the feelings of a man, can endure that they should have a superfluity of riches, to squander in building over seas and levelling mountains, and that means should be wanting to us even for the necessaries of life; that they should join together two houses or more, and that we should not have a hearth to call our own? They, though they purchase pictures, statues, and embossed plate; though they pull down new buildings and erect others, and lavish and abuse their wealth in every possible method, yet cannot, with the utmost efforts of caprice, exhaust it. But for us there is poverty at home, debts abroad; our present circumstances are bad, our prospects much worse; and what, in a word, have we left, but a miserable existence?

Will you not, then, awake to action? Behold that liberty, that liberty for which you have so often wished, with wealth, honor, and glory, are set before your eyes. All these prizes fortune offers to the victorious. Let the enterprise itself, then, let the opportunity, let your property, your dangers, and the glorious spoils of war, animate you far more than my words. Use me either as your leader or your fellow solider; neither my heart nor my hand shall be wanting to you. These objects I hope to effect, in concert with you, in the character of consul; unless, indeed, my expectation deceives me, and you prefer to be slaves rather than masters.

Speech to His Troops. I am well aware, soldiers, that words cannot inspire courage, and that a spiritless army cannot be rendered active, or a timid army valiant, by the speech of its commander. Whatever courage is in the heart of a man, whether from nature or from habit, so much will be shown by him in the field; and on him whom neither glory nor danger can move, exhortation is bestowed in vain; for the terror in his breast stops his ears.

I have called you together, however, to give you a few instructions, and to explain to you, at the same time, my reasons for the course which I have adopted. You all know, soldiers, how severe a penalty the inactivity and cowardice of Lentulus has brought upon himself and us; and how, while awaiting reinforcements from the city, I was unable to march into Gaul. In what situation our affairs now are, you will understand as well as myself. Two armies of the enemy, one on the side of Rome and the other on that of Gaul, oppose our progress; while the want of corn and of other necessaries prevents us from remaining, however strongly we may desire to remain, in our present position. Whithersoever we would go, we must open a passage with our swords. I conjure you, therefore, to maintain a brave and resolute spirit; and to remember, when you advance to battle, that on your own right hands depend riches, honor, and glory, with the enjoyment of your liberty and of your country. If we conquer, all will be safe, we shall have possessions in abundance; and the colonies and corporate towns will open their gates to us. But if we lose the victory through want of courage, those same places will turn against us, for neither place nor friend will protect him whom his arms have not protected. Besides, soldiers, the same exigency does not press upon our adversaries as presses upon us; we fight for our country, for our liberty, for our life; they contend for what but little concerns them, the power of a small party. Attack them, therefore, with so much the greater confidence, and call to mind your achievements of old.

We might, with the utmost ignominy, have passed the rest of our days in exile. Some of you, after losing your property, might have waited at Rome for assistance from others. But because such a life, to men of spirit, was disgusting and unendurable, you resolved upon your present course. If you wish to quit it, you must exert all your resolution, for none but conquerors have exchanged war for peace. To hope for safety in flight when you have turned away from the enemy the arms by which the body is defended is indeed madness. In battle those who are most afraid are always in most danger; but courage is equivalent to a rampart.

When I contemplate you, soldiers, and when I consider your past exploits, a strong hope of victory animates me. Your spirit, your age, your valor, give me confidence; to say nothing of necessity, which makes even cowards brave. To prevent the numbers of the enemy from surrounding us, our confined situation is sufficient. But should Fortune be unjust to your valor, take care not to lose your lives unavenged; take care not to be taken and butchered like cattle, rather than, fighting like men, to leave to your enemies a bloody and mournful victory.

cicero

Marcus Tullius Cicero, the greatest of the Roman orators, and one of the foremost orators of all times, was born at Arpinum, on the northern border of the Volscian territory, 106 b. c., and was killed by order of Marc Antony at the close of the year 43 b. c. Thus passed away, at the age of sixty-three, one of the most illustrious statesmen and the most eloquent orator that the vast empire of Rome produced.

Cicero lived in a venal age, yet he escaped contamination. He was a politician, yet he rarely stooped to the trickery of the ancient politicians. Only in two instances did he fall below the high standard of manliness up to which all must measure who would be esteemed patriots: once, when he combined with Catiline, a notoriously corrupt and ruined character, for the consulship; and again, in turning from Pompey and crooking “the pregnant hinges of the knee” to Caesar when that warrior’s star commenced to climb toward the zenith of his fame. A weak trait in Cicero’s character was shown in his behavior during banishment. Instead of bearing up bravely against the injustice of his enemies, strong in the consciousness of his own rectitude, he cringingly besought clemency and begged to be permitted to return to Rome, thus tacitly admitting that there had been just grounds for his banishment. Despite these failings, he was a truly great man who did much for his country and the world. Much of his spoken and written matter has come down to us and authentic information concerning his education, his style of oratory, the manner of his life, and his views of men and questions are to be had at first hand. He is not shrouded in mystery, as are many great men of a much nearer period, but he can be as clearly perceived by the student of today as he was by his contemporaries—in fact, clearer, because the picture is not now, as it was then, blurred by the excessive praise of friends nor the calumnies of enemies.

All through his life Cicero worked to fit himself for adequately filling such positions of honor and renown as he sought, and he finally became the most perfect specimen of the Roman of the governing class. As a youth he was under the instruction of the famous orator Crassus, and he read the poets and orators of Greece under the guidance of the Greek poet Archias, then a teacher at Rome, during the early period of his schooling. He studied the Roman national law and ritual under the two Scaevolas, as he desired a thorough knowledge of these things in order that he might become a successful advocate. He also studied under Philo, the chief of the Academics, Diodotus the Stoic, and Milo the philosopher. He commenced his career as an advocate when twenty-six years of age by a civil cause in the speech Pro Quinctio, and in the following year he undertook a criminal cause in the action brought against Roscius Amerinus. Soon after this he went to Athens and diligently studied the art of declamation under the best masters. Some claim that Cicero was not original in his matter nor his manner; that he spent too much time studying the works and methods of others; but be this as it may, he certainly became wonderfully proficient in gathering the matter and presenting it in a manner that was marvelously impressive and successful. He was undoubtedly the best prepared orator that the world has ever known; and as a speaker he was always master of himself, his subject, and his audience.

The First Oration Against Verres (70 b. c.). That which was above all things to be desired, O judges, and which above all things was calculated to have the greatest influence toward allaying the unpopularity of your order, and putting an end to the discredit into which your judicial decisions have fallen, appears to have been thrown in your way, and given to you not by any human contrivance, but almost by the interposition of the gods, at a most important crisis of the republic. For an opinion has now become established, pernicious to us and pernicious to the public, which has been the common talk of every one, not only at Rome, but among foreign nations also—that in the courts of law as they exist at present, no wealthy man, however guilty he may be, can possibly be convicted.

Now at this time of peril to your order and to your tribunal, when men are ready to attempt by harangues, and by the proposal of new laws, to increase the existing unpopularity of the senate, Caius Verres is brought to trial as a criminal—a man condemned in the opinion of every one by his life and actions, but acquitted by the enormousness of his wealth according to his own hope and boast. I, O judges, have undertaken this cause as prosecutor with the greatest good wishes and expectation on the part of the Roman people, not in order to increase the unpopularity of the senate, but to relieve it from the discredit which I share with it. For I have brought before you a man, by acting justly in whose case you have an opportunity of retrieving the lost credit of your judicial proceedings, of regaining your credit with the Roman people, and of giving satisfaction to foreign nations; a man, the embezzler of public funds, the petty tyrant of Asia and Pamphylia, the robber who deprived the city of its rights, the disgrace and ruin of the province of Sicily. And if you come to a decision about this man with severity and a due regard to your oaths, that authority which ought to remain in you will cling to you still; but if that man’s vast riches shall break down the sanctity and honesty of the courts of justice, at least I shall achieve this, that it shall be plain that it was rather honest judgment that was wanting to the republic, than a criminal to the judges or an accuser to the criminal.

I, indeed, that I may confess to you the truth about myself, O judges, though many snares were laid for me by Caius Verres, both by land and sea, which I partly avoided by my own vigilance, and partly warded off by the zeal and kindness of my friends, yet I never seemed to be incurring so much danger, and I never was in such a state of great apprehension as I am now in this very court of law. Nor does the expectation which people have formed of my conduct of this prosecution, nor this concourse of so vast a magnitude as is here assembled, influence me (though indeed I am greatly agitated by these circumstances) so much as his nefarious plots which he is endeavoring to lay at one and the same time against me, against you, against Marcus Glabrio, the praetor, and against the allies, against foreign nations, against the senate, and even against the very name of senator; whose favorite saying it is that they have got to fear who have stolen only as much as is enough for themselves, but that he has stolen so much that it may easily be plenty for many; that nothing is so holy that it can not be corrupted, or so strongly fortified that it can not be stormed by money. But if he were as secret in acting as he is audacious in attempting; perhaps in some particular he might some time or other have escaped our notice.

But it happens very fortunately that to his incredible audacity there is joined a most unexampled folly. For as he was unconcealed in committing his robberies of money, so in his hope of corrupting the judges he has made his intentions and endeavors visible to every one. He says that only once in his life has he felt fear at the time when he was first impeached as a criminal by me; because he was only lately arrived from his province, and was branded with unpopularity and infamy, not modern but ancient and of long standing; and, besides that, the time was unlucky, being very ill suited for corrupting the judges. Therefore, when I had demanded a very short time to prosecute my inquiries in Sicily, he found a man to ask for two days less to make investigations in Achaia; not with any real intention of doing the same with his diligence and industry, that I have accomplished by my labor, and daily and nightly investigations. For the Achaean inquisitor never even arrived at Brundusium. I in fifty days so traveled over the whole of Sicily that I examined into the records and injuries of all the tribes and of all private individuals, so that it was easily visible to every one that he had been seeking out a man not really for the purpose of bringing the defendant whom he accused to trial, but merely to occupy the time which ought to belong to me.

Now that most audacious and most senseless man thinks this. He is aware that I am come into court so thoroughly prepared and armed that I shall fix all his thefts and crimes not only in your ears, but in the very eyes of all men. He sees that many senators are witnesses of his audacity; he sees that many Roman knights are so, too, and many citizens, and many of the allies besides to whom he has done unmistakable injuries. He sees also that very numerous and very important deputations have come here at the same time from friendly cities, armed with the public authority and evidence collected by their states.

In truth, what genius is there so powerful, what faculty of speaking, what eloquence so mighty, as to be in any particular able to defend the life of that man convicted as it is of so many vices and crimes, and long since condemned by the inclinations and private sentiments of every one. And, to say nothing of the stains and disgraces of his youth, what other remarkable event is there in his questorship, that first step to honor, except that Cnaeus Carbo was robbed by his questor of the public money? that the consul was plundered and betrayed? his army deserted? his province abandoned? the holy nature and obligations imposed on him by lot violated? whose lieutenancy was the ruin of all Asia and Pamphylia, in which provinces he plundered many houses, very many cities, all the shrines and temples; when he renewed and repeated against Cnaeus Dolabella his ancient wicked tricks when he had been questor, and did not only in his danger desert, but even attack and betray the man to whom he had been lieutenant, and proquaestor, and whom he had brought into odium by his crimes; whose city praetorship was the destruction of the sacred temples and the public works, and, as to his legal decisions, was the adjudging and awarding of property contrary to all established rules and precedents. But now he has established great and numerous monuments and proofs of all his vices in the province of Sicily, which he for three years so harassed and ruined that it can by no possibility be restored to its former condition, and appears scarcely able to be at all recovered after a long series of years, and a long succession of virtuous praetors. While this man was praetor the Sicilians enjoyed neither their own laws nor the decrees of our senate, nor the common rights of every nation. Every one in Sicily has only so much left as either escaped the notice or was disregarded by the satiety of that most avaricious and licentious man.

No legal decision for three years was given on any other ground but his will; no property was so secure to any man, even if it had descended to him from his father and grandfather, but he was deprived of it at his command; enormous sums of money were exacted from the property of the cultivators of the soil by a new and nefarious system. The most faithful of the allies were classed in the number of enemies. Roman citizens were tortured and put to death like slaves; the greatest criminals were acquitted in the courts of justice through bribery; the most upright and honorable men, being prosecuted while absent, were condemned and banished without being heard in their own defense; the most fortified harbors, the greatest and strongest cities, were laid open to pirates and robbers; the sailors and soldiers of the Sicilians, our own allies and friends, died of hunger; the best built fleets on the most important stations were lost and destroyed, to the great disgrace of the Roman people. This same man while praetor plundered and stripped those most ancient monuments, some erected by wealthy monarchs and intended by them as ornaments for their cities; some, too, the work of our own generals, which they either gave or restored as conquerors to the different states in Sicily. And he did this not only in the case of public statues and ornaments, but he also plundered all the temples consecrated in the deepest religious feelings of the people. He did not leave, in short, one god to the Sicilians which appeared to him to be made in a tolerable workmanlike manner, and with any of the skill of the ancients.

I am prevented by actual shame from speaking of his nefarious licentiousness as shown in rapes and other such enormities; and I am unwilling also to increase the distress of those men who have been unable to preserve their children and their wives unpolluted by his wanton lust. But, you will say, these things were done by him in such a manner as not to be notorious to all men. I think there is no man who has heard his name who cannot also relate wicked actions of his; so that I ought rather to be afraid of being thought to omit many of his crimes, than to invent any charges against him. And, indeed, I do not think that this multitude which has collected to listen to me wishes so much to learn of me what the facts of the case are, as to go over it with me, refreshing its recollection of what it knows already.

And as this is the case, that senseless and profligate man attempts to combat me in another manner. He does not seek to oppose the eloquence of any one else to me; he does not rely on the popularity, or influence, or authority, of any one. He pretends that he trusts to those things; but I see what he is really aiming at (and indeed he is not acting with any concealment). He sets before me empty titles of nobility—that is to say, the names of arrogant men, who do not hinder me so much by being noble, as assist me by being notorious; he pretends to rely on their protection, when he has in reality been contriving something else this long time. What hope he now has, and what he is endeavoring to do, I will now briefly explain to you, O judges.

But first of all, remark, I beg you, how the matter has been arranged by him from the beginning. When he first returned from the province he endeavored to get rid of his prosecution by corrupting the judges at a great expense; and this object he continued to keep in view till the conclusion of the appointment of the judges. After the judges were appointed, because in drawing lots for them the fortune of the Roman people had defeated his hopes, and in the rejecting some my diligence had defeated his impudence, the whole attempt at bribery was abandoned. The affair was now going on admirably; lists of your names and of the whole tribunal were in every one’s hands. It did not seem possible to mark the votes of these men with any distinguishing mark or color or spot of dirt; and that fellow, from having been brisk and in high spirits, became on a sudden so downcast and humbled that he seemed to be condemned not only by the Roman people but even by himself. But lo! all of a sudden, within these few days, since the consular comitia have taken place, he has gone back to his original plan with more money, and the same plots are now laid against your reputation and against the fortunes of every one, by the instrumentality of the same people; which fact at first, O judges, was pointed out by me by a very slight hint and indication; but afterward, when my suspicions were once aroused, I arrived at the knowledge of all the most secret counsels of that party without any mistake.

For as Hortensius, the consul-elect, was being attended home again from the Campus by a great concourse and multitude of people, Caius Curio fell in with that multitude by chance—a man whom I wish to name by way of honor rather than disparagement. I will tell you what if he had been unwilling to have it mentioned, he would not have spoken of in so large an assembly so openly and undisguisedly; which, however, shall be mentioned by me deliberately and cautiously, that it may be seen that I pay due regard to our friendship and to his dignity. He sees Verres in the crowd by the arch of Fabius,[3] he speaks to the man, and with a loud voice congratulates him on his victory. He does not say a word to Hortensius himself, who had been made consul, or to his friends and relations who were present attending on him; but he stops to speak to this man, embraces him, and bids him cast off all anxiety. “I give you notice,” said he, “that you have been acquitted by this day’s comitia.” And as many most honorable men heard this, it is immediately reported to me the first thing. To some it appeared scandalous, to others, again, ridiculous—ridiculous to those who thought that this case depended on the credibility of the witnesses, on the importance of the charges, and on the power of the judges, and not on the consular comitia; scandalous to those who looked deeper, and who thought and this congratulation had reference to the corruption of the judges.

In truth, they argued in this manner—the most honorable men spoke to one another and to me in this manner—that there were now manifestly and undeniably no courts of justice at all. The very criminal who the day before thought that he was already condemned, is acquitted, now that his defender has been made consul. What are we to think then? Will it avail nothing at all Sicily, all the Sicilians, that all the merchants who have business in that country, that if the consul-elect wills it otherwise. What! will not the judges be influenced by the accusation, by the evidence, by the universal opinion of the Roman people? No. Everything will be governed by the power and authority of one man.

In the meantime my comitia began to be held; of which that fellow thought himself the master, as he had been of all the other comitia this year. He began to run about, that influential man, with his son, a youth of engaging and popular manners, among the tribes. The son began to address and to call on all the friends of his father—that is to say, all his agents—for bribery; and when this was noticed and perceived, the Roman people took care with the most earnest good will that I should not be deprived of my honor through the money of that man, whose riches had not been able to make me violate my good faith. After that I was released from the great anxiety about my canvass, I began, with a mind much more unoccupied and much more at ease, to think of nothing and to do nothing except what related to this trial. I find, O judges, these plans formed and begun to be put in execution by them to protract the matter, whatever steps it might be necessary to take in order to do so, so that the cause might be pleaded before Marcus Metellus as praetor. That by doing so they would have these advantages: firstly, that Marcus Metellus was most friendly to them; secondly, that not only would Hortensius be consul, but Quintus Metellus also; and listen while I show you how a great a friend he is to them. For he gave him a token of his good will of such a sort that he seemed to be giving it as a return for the suffrages of the tribes which he had secured to him. Did you think that I would say nothing of such serious matters as these? and that, at a crisis of such danger to the republic and my own character, I would consult anything rather than my duty and my dignity? The other consul-elect sent for the Sicilians; some came, because Lucius Metellus was praetor in Sicily. To them he speaks in this manner: that he is the consul; that one of his brothers has Sicily for a province; that the other is to be judge in all prosecutions for extortion; and that care had been taken in many ways that there should be no possibility of Verres being injured.

I ask you, Metellus, what is corrupting the course of justice, if this is not—to seek to frighten witnesses, and especially Sicilians, timid and oppressed men, not only by your own private influence, but by their fear of the consul, and by the power of two praetors? What could you do for an innocent man or for a relation, when for the sake of a most guilty one, entirely unconnected with you, you depart from your duty and your dignity, and allow what he is constantly saying to appear true to any one who is not acquainted with you? For they said that Verres said that you had not been made consul by destiny, as the rest of your family had been, but by his assistance. Two consuls, therefore, and the judge are to be such because of his will. We shall not only, says he, avoid having a man too scrupulous in investigating, too subservient to the opinion of the people, Marcus Glabrio, but we shall have this advantage also: Marcus Caesonius is the judge, the colleague of your accuser, a man of tried and proved experience in the decision of actions. It will never do for us to have such a man as that on the bench, which we are endeavoring to corrupt by some means or other; for before, when he was one of the judges on the tribunal of which Junius was president, he was not only very indignant at the shameful transaction, but he even betrayed and denounced it.

But as for what I had begun to say—namely, that the contest is between you and me, this is it—I, when I had undertaken this cause at the request of the Sicilians, and had thought it a very honorable and glorious thing for me that they were willing to make experiment of my integrity and diligence, who already knew by experience my innocence and temperance: then, when I had undertaken this business, I proposed to myself some greater action also by which the Roman people should be able to see my good will toward the republic. For that seemed to me to be by no means worthy of my industry and efforts, for that man to be brought to trial by me who had already condemned by the judgment of all men, unless that intolerable influence of yours, and that grasping nature which you have displayed for some years in many trials, were interposed also in the case of that desperate man. But now, since all this dominion and sovereignty of yours over the courts of justice delights you so much, and since there are some men who are neither ashamed of their licentiousness and their infamy, nor weary of it, and who, as if on purpose, seem to wish to encounter hatred and unpopularity from the Roman people, I profess that I have undertaken this, a great burden perhaps, and one dangerous to myself, but still worthy of my applying myself to it with all the vigor of my age, and all diligence.

And since the whole order of the senate is weighed down by the discredit brought on it by the wickedness and audacity of a few, and is overwhelmed by the infamy of the tribunals, I profess myself an enemy to this race of men, an accuser worthy of their hatred, a persevering, a bitter adversary. I arrogate this to myself, I claim this for myself, and I will carry out this enmity in my magistracy, and from that post in which the Roman people have willed that from the next first of January I shall act in concert with it in matters concerning the republic, and concerning wicked men. I promise the Roman people that this shall be the most honorable and the fairest employment of my aedileship. I warn, I forewarn, I give notice beforehand to those men who are wont either to put money down, to undertake for others, to receive money, or to promise money, or to act as agents in bribery, or as go-betweens in corrupting the seat of judgment, and who have promised their influence or their impudence in aid of such a business, in this trial to keep their hands and inclination from this nefarious wickedness.

And what do you suppose will be my thoughts, if I find in this very trial any violation of the laws committed in any similar manner? especially when I can prove by many witnesses that Caius Verres often said in Sicily, in the hearing of many persons, “that he had a powerful friend, in confidence with whom he was plundering the province; and that he had so distributed the three years of his Sicilian praetorship that should say he did exceedingly well, if he appropriated the gains of one year to the augmentation of his own property, those of the second year to his patrons and defenders, and reserved the whole of the third year, the most productive and gainful of all, for the judges.”

From which it came into my mind to say that which, when I had said lately before Marcus Glabrio at the time of striking the list of judges, I perceived the Roman people greatly moved by: that I thought that foreign nations would send ambassadors to the Roman people to procure the abrogation of the law, and of all trials, about extortion; for if there were no trials, they think that each man would only plunder them of as much as he would think sufficient for himself and his children; but now, because there are trials of that sort, every one carries off as much as it will take to satisfy himself, his patrons, his advocates, the praetor, and the judges; and that this is an enormous sum; that they may be able to satisfy the cupidity of one most avaricious man, but are quite unable to incur the expense of his most guilty victory over the laws. O trials worthy of being recorded! O splendid reputation of our order! when the allies of the Roman people are unwilling that trials for extortion should take place, which were instituted by our ancestors for the sake of all allies. Would that man ever have had a favorable hope of his own safety, if he had not conceived in his mind a bad opinion of you? on which account, he ought, if possible, to be still more hated by you than he is by the Roman people, because he considers you like himself in avarice and wickedness and perjury.

And I beg you, in the name of the immortal gods, O judges, think of and guard against this; I warn you, I give notice to you of what I am well assured, that this most seasonable opportunity has been given to you by the favor of the gods, for the purpose of delivering your whole order from hatred, from unpopularity, from infamy, and from disgrace. There is no severity believed to exist in the tribunals, nor any scruples with regard to religion; in short, there are not believed to be any tribunals at all. Therefore we are despised and scorned by the Roman people; we are branded with a heavy and now long standing infamy. Nor, in fact, is there any other reason for which the Roman people has with so much earnestness sought the restoration of the tribunician power: but when it was demanding that in words, it seemed to be asking for that, but in reality it was asking for tribunals which it could trust.

But now men on the watch-towers; they observe how every one of you behaves himself in respecting religion and observing the laws. They see that, ever since the passing of the law for restoring the power of the tribunes, only one senator, and he, too, a very insignificant one, has been condemned. And though they do not blame this, yet they have nothing which they can very much command. For there is no credit in being upright in a case where there is no one who is either able or who endeavors to corrupt one. This is a trial in which you will be deciding about the defendant, the Roman people about you; by the example of what happens to this man it will be determined whether, when senators are the judges, a very guilty and a very rich man can be condemned.

On which account, in the first place, I beg this of the immortal gods, which I seem to myself to have hopes of, too—that in this trial no one may be found to be wicked except he who has long since been found to be such; secondly, if there are many wicked men, I promise this to you, O judges, I promise this to the Roman people, that my life shall fail rather than my vigor and perseverance in prosecuting their iniquity. But that iniquity, which if it should be committed, I promise to prosecute severely, with however much trouble and danger to myself, and whatever enmities I may bring on myself by doing so, you, O Marcus Glabrio, can guard against ever taking place by your wisdom, and authority, and diligence. Do you undertake the cause of the tribunals? Do you undertake the cause of impartiality, of integrity, of good faith and religion? Do you undertake the cause of the senate, that, being proved worthy by its conduct in this trial, it may come into favor and popularity with the Roman people? Think who you are and in what a situation you are placed; what you ought to give to the Roman people and what you ought to repay to your ancestors. Let the recollection of the Acilian Law passed by your father occur to your mind, owing to which law the Roman people has had this advantage of most admirable decisions and very strict judges in cases of extortion.

I am resolved not to permit the praetor or the judges to be changed in this cause. I will not permit the matter to be delayed till the lictors of the consuls can go and summon the Sicilians, whom the servants of the consuls-elect did not influence before, when by an unprecedented course of proceeding they sent for them all; I will not permit these miserable men, formerly the allies and friends of the Roman people, now their slaves and supplicants, to lose not only their rights and fortunes by their tyranny, but to be deprived of even the power of bewailing their condition; I will not, I say, when the cause has been summed up by me, permit them after a delay of forty days has intervened, then at last to reply to me when my accusation has already fallen into oblivion through lapse of time; I will not permit the decision to be given when this crowd collected from all Italy has departed from Rome, which has assembled from all quarters at the same time on account of the comitia, of the games, and of the census.

The reward of the credit gained by your decision, or the danger arising from the unpopularity which will accrue to you if you decide unjustly, I think ought to belong to you; the labor and anxiety to me; the knowledge of what is done and the recollection of what has been said by every one, to all. I will adopt this course, not an unprecedented one, but one that has been adopted before, by this who are now the chief men of our state—the course, I mean, of at once producing the witnesses.

What you will find novel, O judges, is this, that I will so marshal my witnesses as to unfold the whole of my accusation; that when I have established it by examining my witnesses, by arguments, and by my speech, then I shall show the agreement of the evidence with my accusation: so that there shall be no difference between the established mode of prosecuting, and this new one, except that, according to the established mode, when everything has been said which is to be said, then the witnesses are produced; here they shall be produced as each count is brought forward, so that the other side shall have the same opportunity of examining them, of arguing and making speeches on their evidence. If there be any one who prefers an uninterrupted speech and the old mode of conducting a prosecution without any break, he shall have it in some other trial. But for this time let him understand that what we do is done by us on compulsion (for we only do it with the design of opposing the artifice of the opposite party by our prudence). This will be the first part of the prosecution. We say that Caius Verres has not only done many licentious acts, many cruel ones, toward Roman citizens, and toward some of the allies, many wicked acts against both gods and man; but especially that he has taken away four hundred thousand sesterces out of Sicily contrary to the laws. We will make this so plain to you by witnesses, by private documents, and by public records, that you shall decide that, even if we had abundant space and leisure days for making a long speech without any inconvenience, still there was no need at all of a long speech in this matter.

FOOTNOTES:

[1]This is the famous passage in which Cato intimated that Caesar was in some manner allied with the conspirators.

[2]A decree of the Senate was made in accordance with this advice.

[3]This arch, as explained in a note to Mr. Yonge’s translation, had been erected to commemorate the victory obtained by Fabius over the Allobroges; and it was erected in the Via Sacra, as Cicero mentions in his speech Pro Plancio.