The Life of Cicero, Volume One

by Anthony Trollope

To such a condition as this had Rome fallen when the deputies from Sicily came to complain of their late governor, and to obtain the services of Cicero in seeking for whatever reparation might be possible. Verres had carried on his plunder during the years 73, 72, 71 b.c. During this time Cicero had been engaged sedulously as an advocate in Rome. We know the names of some of the cases in which he was engaged—those, for instance, for Publius Oppius, who, having been Quæstor in Bithynia, was accused by his Proconsul of having endeavored to rob the soldiers of their dues. We are told that the poor province suffered greatly under these two officers, who were always quarrelling as to a division of their plunder. In this case the senior officer accused the younger, and the younger, by Cicero's aid, was acquitted. Quintilian more than once refers to the speech made for Oppius. Cicero also defended Varenus, who was charged with having murdered his brother, and one Caius Mustius, of whom we only know that he was a farmer of taxes. He was advocate also for Sthenius, a Sicilian, who was accused before the Tribunes by Verres. We shall hear of Sthenius again among the victims in Sicily. The special charge in this case was that, having been condemned by Verres as Prætor in Sicily, he had run away to Rome, which was illegal. He was, however, acquitted. Of these speeches we have only some short fragments, which have been quoted by authors whose works have come down to us, such as Quintilian; by which we know, at any rate, that Cicero's writings had been so far carefully preserved, and that they were commonly read in those days. I will translate here the concluding words of a short paper written by M. du Rozoir in reference to Cicero's life at this period: "The assiduity of our orator at the bar had obtained for him a high degree of favor among the people, because they had seen how strictly he had observed that Cincian law which forbade advocates to take either money or presents for then pleadings—which law, however, the advocates of the day generally did not scruple to neglect."[97] It is a good thing to be honest when honesty is in vogue; but to be honest when honesty is out of fashion is magnificent.

In the affair with Verres, there are two matters to interest the reader—indeed, to instruct the reader—if the story were sufficiently well told. The iniquity of Verres is the first—which is of so extravagant a nature as to become farcical by the absurdity of the extent to which he was not afraid to go in the furtherance of his avarice and lust. As the victims suffered two thousand years ago, we can allow ourselves to be amused by the inexhaustible fertility of the man's resources and the singular iniquity of his schemes. Then we are brought face to face with the barefaced corruption of the Roman judges—a corruption which, however, became a regular trade, if not ennobled, made, at any rate, aristocratic by the birth, wealth high names, and senatorial rank of the robbers. Sulla, for certain State purposes—which consisted in the maintenance of the oligarchy—had transferred the privileges of sitting on the judgment-seat from the Equites, or Knights, to the Senators. From among the latter a considerable number—thirty, perhaps, or forty, or even fifty—were appointed to sit with the Prætor to hear criminal cases of importance, and by their votes, which were recorded on tablets, the accused person was acquitted or condemned. To be acquitted by the most profuse corruption entailed no disgrace on him who was tried, and often but little on the judges who tried him. In Cicero's time the practice, with all its chances, had come to be well understood. The Provincial Governors, with their Quæstors and lieutenants, were chosen from the high aristocracy, which also supplied the judges. The judges themselves had been employed, or hoped to be employed, in similar lucrative service. The leading advocates belonged to the same class. If the proconsular thief, when he had made his bag, would divide the spoil with some semblance of equity among his brethren, nothing could be more convenient. The provinces were so large, and the Greek spirit of commercial enterprise which prevailed in them so lively, that there was room for plunder ample, at any rate, for a generation or two. The Republic boasted that, in its love of pure justice, it had provided by certain laws for the protection of its allied subjects against any possible faults of administration on the part of its own officers. If any injury were done to a province, or a city, or even to an individual, the province, or city, or individual could bring its grievance to the ivory chair of the Prætor in Rome and demand redress; and there had been cases not a few in which a delinquent officer had been condemned to banishment. Much, indeed, was necessary before the scheme as it was found to exist by Verres could work itself into perfection. Verres felt that in his time everything had been done for security as well as splendor. He would have all the great officers of State on his side. The Sicilians, if he could manage the case as he thought it might be managed, would not have a leg to stand upon. There was many a trick within his power before they could succeed in making good even their standing before the Prætor. It was in this condition of things that Cicero bethought himself that he might at one blow break through the corruption of the judgment-seat, and this he determined to do by subjecting the judges to the light of public opinion. If Verres could be tried under a bushel, as it were, in the dark, as many others had been tried, so that little or nothing should be said about the trial in the city at large, then there would be no danger for the judges. It could only be by shaming them, by making them understand that Rome would become too hot to hold them, that they could be brought to give a verdict against the accused. This it was that Cicero determined to effect, and did effect. And we see throughout the whole pleadings that he was concerned in the matter not only for the Sicilians, or against Verres. Could something be done for the sake of Rome, for the sake of the Republic, to redeem the courts of justice from the obloquy which was attached to them? Might it be possible for a man so to address himself not only to the judgment-seat, but to all Rome, as to do away with this iniquity once and forever? Could he so fill the minds of the citizens generally with horror at such proceedings as to make them earnest in demanding reform? Hortensius, the great advocate of the day, was not only engaged on behalf of Verres, but he was already chosen as Consul for the next year. Metellus, who was elected Prætor for the next year, was hot in defence of Verres. Indeed, there were three Metelluses among the friends of the accused, who had also on his side the Scipio of the day. The aristocracy of Rome was altogether on the side of Verres, as was natural. But if Cicero might succeed at all in this which he meditated, the very greatness of his opponents would help him. When it was known that he was to be pitted against Hortensius as an advocate, and that he intended to defy Hortensius as the coming Consul, then surely Rome would be awake to the occasion; and if Rome could be made to awake herself, then would this beautiful scheme of wealth from provincial plunder be brought to an end.

I will first speak of the work of the judges, and of the attempts made to hinder Cicero in the business he had undertaken. Then I will endeavor to tell something of the story of Verres and his doings. The subject divides itself naturally in this way. There are extant seven so-called orations about Verres, of which the two first apply to the manner in which the case should be brought before the courts. These two were really spoken, and were so effective that Verres—or probably Hortensius, on his behalf—was frightened into silence. Verres pleaded guilty, as we should say, which, in accordance with the usages of the court, he was enabled to do by retiring and going into voluntary banishment. This he did, sooner than stand his ground and listen to the narration of his iniquities as it would be given by Cicero in the full speech—the "perpetua oratio"—which would follow the examination of the witnesses. What the orator said before the examination of the witnesses was very short. He had to husband his time, as it was a part of the grand scheme of Hortensius to get adjournment after adjournment because of certain sacred rites and games, during the celebration of which the courts could not sit. All this was arranged for in the scheme; but Cicero, in order that he might baffle the schemers, got through his preliminary work as quickly as possible, saying all that he had to say about the manner of the trial, about the judges, about the scheme, but dilating very little on the iniquities of the criminal. But having thus succeeded, having gained his cause in a great measure by the unexpected quickness of his operations, then he told his story. Then was made that "perpetua oratio" by which we have learned the extent to which a Roman governor could go on desolating a people who were intrusted to his protection. This full narration is divided into five parts, each devoted to a separate class of iniquity. These were never spoken, though they appear in the form of speeches. They would have been spoken, if required, in answer to the defence made by Hortensius on behalf of Verres after the hearing of the evidence. But the defence broke down altogether, in the fashion thus described by Cicero himself. "In that one hour in which I spoke"—this was the speech which we designate as the Actio Prima contra Verrem, the first pleading made against Verres, to which we shall come just now—"I took away all hope of bribing the judges from the accused—from this brazen-faced, rich, dissolute, and abandoned man. On the first day of the trial, on the mere calling of the names of the witnesses, the people of Rome were able to perceive that if this criminal were absolved, then there could be no chance for the Republic. On the second day his friends and advocates had not only lost all hope of gaining their cause, but all relish for going on with it. The third day so paralyzed the man himself that he had to bethink himself not what sort of reply he could make, but how he could escape the necessity of replying by pretending to be ill."[98] It was in this way that the trial was brought to an end.

But we must go back to the beginning. When an accusation was to be made against some great Roman of the day on account of illegal public misdoings, as was to be made now against Verres, the conduct of the case, which would require probably great labor and expense, and would give scope for the display of oratorical excellence, was regarded as a task in which a young aspirant to public favor might obtain honor and by which he might make himself known to the people. It had, therefore, come to pass that there might be two or more accusers anxious to undertake the work, and to show themselves off as solicitous on behalf of injured innocence, or desirous of laboring in the service of the Republic. When this was the case, a court of judges was called upon to decide whether this man or that other was most fit to perform the work in hand. Such a trial was called "Divinatio," because the judges had to get their lights in the matter as best they could without the assistance of witnesses—by some process of divination—with the aid of the gods, as it might be. Cicero's first speech in the matter of Verres is called In Quintum Cæcilium Divinatio, because one Cæcilius came forward to take the case away from him. Here was a part of the scheme laid by Hortensius. To deal with Cicero in such a matter would no doubt be awkward. His purpose, his diligence, his skill, his eloquence, his honesty were known. There must be a trial. So much was acknowledged; but if the conduct of it could be relegated to a man who was dishonest, or who had no skill, no fitness, no special desire for success, then the little scheme could be carried through in that way. So Cæcilius was put forward as Cicero's competitor, and our first speech is that made by Cicero to prove his own superiority to that of his rival.

Whether Cæcilius was or was not hired to break down in his assumed duty as accuser, we do not know. The biographers have agreed to say that such was the case,[99] grounding their assertion, no doubt, on extreme probability. But I doubt whether there is any evidence as to this. Cicero himself brings this accusation, but not in that direct manner which he would have used had he been able to prove it. The Sicilians, at any rate, said that it was so. As to the incompetency of the man, there was probably no doubt, and it might be quite as serviceable to have an incompetent as a dishonest accuser. Cæcilius himself had declared that no one could be so fit as himself for the work. He knew Sicily well, having been born there. He had been Quæstor there with Verres, and had been able to watch the governor's doings. No doubt there was—or had been in more pious days—a feeling that a Quæstor should never turn against the Proconsul under whom he had served, and to whom he had held the position almost of a son.[100] But there was less of that feeling now than heretofore. Verres had quarrelled with his Quæstor. Oppius was called on to defend himself against the Proconsul with whom he had served. No one could know the doings of the governor of a province as well as his own Quæstor; and, therefore, so said Cæcilius, he would be the preferable accuser. As to his hatred of the man, there could be no doubt as to that. Everybody knew that they had quarrelled. The purpose, no doubt, was to give some colorable excuse to the judges for rescuing Verres, the great paymaster, from the fangs of Cicero.

Cicero's speech on the occasion—which, as speeches went in those days, was very short—is a model of sagacity and courage. He had to plead his own fitness, the unfitness of his adversary, and the wishes in the matter of the Sicilians. This had to be done with no halting phrases. It was not simply his object to convince a body of honest men that, with the view of getting at the truth, he would be the better advocate of the two. We may imagine that there was not a judge there, not a Roman present, who was not well aware of that before the orator began. It was needed that the absurdity of the comparison between them should be declared so loudly that the judges would not dare to betray the Sicilians, and to liberate the accused, by choosing the incompetent man. When Cicero rose to speak, there was probably not one of them of his own party, not a Consul, a Prætor, an Ædile, or a Quæstor, not a judge, not a Senator, not a hanger-on about the courts, but was anxious that Verres with his plunder should escape. Their hope of living upon the wealth of the provinces hung upon it. But if he could speak winged words—words that should fly all over Rome, that might fly also among subject nations—then would the judges not dare to carry out this portion of the scheme.

"When," he says, "I had served as Quæstor in Sicily, and had left the province after such a fashion that all the Sicilians had a grateful memory of my authority there, though they had older friends on whom they relied much, they felt that I might be a bulwark to them in their need. These Sicilians, harassed and robbed, have now come to me in public bodies, and have implored me to undertake their defence. 'The time has come,' they say, 'not that I should look after the interest of this or that man, but that I should protect the very life and well-being of the whole province.' I am inclined by my sense of duty, by the faith which I owe them, by my pity for them, by the example of all good Romans before me, by the custom of the Republic, by the old constitution, to undertake this task, not as pertaining to my own interests, but to those of my close friends."[101] That was his own reason for undertaking the case. Then he reminds the judges of what the Roman people wished—the people who had felt with dismay the injury inflicted upon them by Sulla's withdrawal of all power from the Tribunes, and by the putting the whole authority of the bench into the hands of the Senators. "The Roman people, much as they have been made to suffer, regret nothing of that they have lost so much as the strength and majesty of the old judges. It is with the desire of having them back that they demand for the Tribunes their former power. It is this misconduct of the present judges that has caused them to ask for another class of men for the judgment-seat. By the fault and to the shame of the judges of to-day, the Censor's authority, which has hitherto always been regarded as odious and stern, even that is now requested by the people."[102] Then he goes on to show that, if justice is intended, this case will be put into the hands of him whom the Sicilians have themselves chosen. Had the Sicilians said that they were unwilling to trust their affairs to Cæcilius because they had not known him, but were willing to trust him, Cicero, whom they did know, would not even that have been reasonable enough of itself? But the Sicilians had known both of them, had known Cæcilius almost as well as Cicero, and had expressed themselves clearly. Much as they desired to have Cicero, they were as anxious not to have Cæcilius. Even had they held their tongues about this, everybody would have known it; but they had been far from holding their tongues. "Yet you offer yourself to these most unwilling clients," he says, turning to Cæcilius. "Yet you are ready to plead in a cause that does not belong to you! Yet you would defend those who would rather have no defender than such a one as you!"[103] Then he attacks Hortensius, the advocate for Verres. "Let him not think that, if I am to be employed here, the judges can be bribed without infinite danger to all concerned. In undertaking this cause of the Sicilians, I undertake also the cause of the people of Rome at large. It is not only that one wretched sinner should be crushed, which is what the Sicilians want, but that this terrible injustice should be stopped altogether, in compliance with the wishes of the people."[104] When we remember how this was spoken, in the presence of those very judges, in the presence of Hortensius himself, in reliance only on the public opinion which he was to create by his own words, we cannot but acknowledge that it is very fine.

After that he again turns upon Cæcilius. "Learn from me," he says, "how many things are expected from him who undertakes the accusation of another. If there be one of those qualities in you, I will give up to you all that you ask."[105] Cæcilius was probably even now in alliance with Verres. He himself, when Quæstor, had robbed the people in the collection of the corn dues, and was unable therefore to include that matter in his accusation. "You can bring no charge against him on this head, lest it be seen that you were a partner with him in the business."[106] He ridicules him as to his personal insufficiency. "What, Cæcilius! as to those practices of the profession without which an action such as this cannot be carried on, do you think that there is nothing in them? Need there be no skill in the business, no habit of speaking, no familiarity with the Forum, with the judgment-seats, and the laws?"[107] "I know well how difficult the ground is. Let me advise you to look into yourself, and to see whether you are able to do that kind of thing. Have you got voice for it, prudence, memory, wit? Are you able to expose the life of Verres, as it must be done, to divide it into parts and make everything clear? In doing all this, though nature should have assisted you"—as it has not at all, is of course implied—"if from your earliest childhood you had been imbued with letters; if you had learned Greek at Athens instead of at Lilybæum—Latin in Rome instead of in Sicily—still would it not be a task beyond your strength to undertake such a case, so widely thought of, to complete it by your industry, and then to grasp it in your memory; to make it plain by your eloquence, and to support it with voice and strength sufficient? 'Have I these gifts,' you will ask. Would that I had! But from my childhood I have done all that I could to attain them."[108]

Cicero makes his points so well that I would fain go through the whole speech, were it not that a similar reason might induce me to give abridgments of all his speeches. It may not be that the readers of these orations will always sympathize with the orator in the matter which he has in hand—though his power over words is so great as to carry the reader with him very generally, even at this distance of time—but the neatness with which the weapon is used, the effectiveness of the thrust for the purpose intended, the certainty with which the nail is hit on the head—never with an expenditure of unnecessary force, but always with the exact strength wanted for the purpose—these are the characteristics of Cicero's speeches which carry the reader on with a delight which he will want to share with others, as a man when he has heard a good story instantly wishes to tell it again. And with Cicero we are charmed by the modernness, by the tone of to-day, which his language takes. The rapid way in which he runs from scorn to pity, from pity to anger, from anger to public zeal, and then instantly to irony and ridicule, implies a lightness of touch which, not unreasonably, surprises us as having endured for so many hundred years. That poetry should remain to us, even lines so vapid as some of those in which Ovid sung of love, seems to be more natural, because verses, though they be light, must have been labored. But these words spoken by Cicero seem almost to ring in our ears as having come to us direct from a man's lips. We see the anger gathering on the brow of Hortensius, followed by a look of acknowledged defeat. We see the startled attention of the judges as they began to feel that in this case they must depart from their intended purpose. We can understand how Cæcilius cowered, and found consolation in being relieved from his task. We can fancy how Verres suffered—Verres whom no shame could have touched—when all his bribes were becoming inefficient under the hands of the orator.

Cicero was chosen for the task, and then the real work began. The work as he did it was certainly beyond the strength of any ordinary advocate. It was necessary that he should proceed to Sicily to obtain the evidence which was to be collected over the whole island. He must rate up, too, all the previous details of the life of this robber. He must be thoroughly prepared to meet the schemers on every point. He asked for a hundred and ten days for the purpose of getting up his case, but he took only fifty. We must imagine that, as he became more thoroughly versed in the intrigues of his adversaries, new lights came upon him. Were he to use the whole time allotted to him, or even half the time, and then make such an exposition of the criminal as he would delight to do were he to indulge himself with that "perpetua oratio" of which we hear, then the trial would be protracted till the coming of certain public games, during which the courts would not sit. There seem to have been three sets of games in his way—a special set for this year, to be given by Pompey, which were to last fifteen days; then the Ludi Romani, which were continued for nine days. Soon after that would come the games in honor of Victory—so soon that an adjournment over them would be obtained as a matter of course. In this way the trial would be thrown over into the next year, when Hortensius and one Metellus would be Consuls, and another Metellus would be the Prætor, controlling the judgment-seats. Glabrio was the Prætor for this present year. In Glabrio Cicero could put some trust. With Hortensius and the two Metelluses in power, Verres would be as good as acquitted. Cicero, therefore, had to be on the alert, so that in this unexpected way, by sacrificing his own grand opportunity for a speech, he might conquer the schemers. We hear how he went to Sicily in a little boat from an unknown port, so as to escape the dangers contrived for him by the friends of Verres.[109] If it could be arranged that the clever advocate should be kidnapped by a pirate, what a pleasant way would that be of putting an end to these abominable reforms! Let them get rid of Cicero, if only for a time, and the plunder might still be divided. Against all this he had to provide. When in Sicily he travelled sometimes on foot, for the sake of caution—never with the retinue to which he was entitled as a Roman senator. As a Roman senator he might have demanded free entertainment at any town he entered, at great cost to the town. But from all this he abstained, and hurried back to Rome with his evidence so quickly that he was able to produce it before the judges, so as to save the adjournments which he feared.