I do not wish it to be supposed that Cicero received the overtures made to him with horror. Conspiracies were too common for horror; and these conspirators were all our Cicero's friends in one sense, though in another they might be his opponents. We may imagine that at first Crassus had nothing to do with the matter, and that Pompey would fain have stood aloof in his jealousy. But Cæsar knew that it was well to have Cicero, if Cicero was to be had. It was not only his eloquence which was marvellously powerful, or his energy which had been shown to be indomitable: there was his character, surpassed by that of no Roman living; if only, in giving them the use of his character, he could be got to disregard the honor and the justice and the patriotism on which his character had been founded. How valuable may character be made, if it can be employed under such conditions! To be believed because of your truth, and yet to lie; to be trusted for your honesty, and yet to cheat; to have credit for patriotism, and yet to sell your country! The temptations to do this are rarely put before a man plainly, in all their naked ugliness. They certainly were not so presented to Cicero by Cæsar and his associates. The bait was held out to him, as it is daily to others, in a form not repellent, with words fitted to deceive and powerful almost to persuade. Give us the advantage of your character, and then by your means we shall be able to save our country. Though our line of action may not be strictly constitutional, if you will look into it you will see that it is expedient. What other course is there? How else shall any wreck of the Republic be preserved? Would you be another Cato, useless and impractical? Join us, and save Rome to some purpose. We can understand that in such way was the lure held out to Cicero, as it has been to many a politician since. But when the politician takes the office offered to him—and the pay, though it be but that of a Lord of the Treasury—he must vote with his party.
That Cicero doubted much whether he would or would not at this time throw in his lot with Cæsar and Pompey is certain. To be of real use—not to be impractical, as was Cato—to save his country and rise honestly in power and glory—not to be too straitlaced, not over-scrupulous—giving and taking a little, so that he might work to good purpose with others in harness—that was his idea of duty as a Roman. To serve in accord with Pompey was the first dream of his political life, and now Pompey was in accord with Cæsar. It was natural that he should doubt—natural that he should express his doubts. Who should receive them but Atticus, that "alter ego?" Cicero doubted whether he should cling to Pompey—as he did in every phase of his political life, till Pompey had perished at the mouth of the Nile. But at last he saw his way clear to honesty, as I think he always did. He tells his friend that Cæsar had sent his confidential messenger, Balbus, to sound him. The present question is whether he shall resist a certain agrarian law of which he does not approve, but which is supported by both Pompey and Cæsar, or retire from the contest and enjoy himself at his country villas, or boldly stay at Rome and oppose the law. Cæsar assures him that if he will come over to them, Cæsar will be always true to him and Pompey, and will do his best to bring Crassus into the same frame of mind. Then he reckons up all the good things which would accrue to him: "Closest friendship with Pompey—with Cæsar also, should he wish it; the making up of all quarrels with his enemies; popularity with the people; ease for his old age, which was coming on him. But that conclusion moves me to which I came in my third book."[238] Then he repeats the lines given in the note below, which he had written, probably this very year, in a poem composed in honor of his own Consulship. The lines are not in themselves grand, but the spirit of them is magnificent: "Stick to the good cause which in your early youth you chose for yourself, and be true to the party you have made your own." "Should I doubt when the muse herself has so written," he says, alluding to the name of Calliope, given to this third book of his. Then he adds a line of Homer, very excellent for the occasion:[239] "No augury for the future can be better for you than that which bids you serve your country." "But," he says, "we will talk of all that when you come to me for the holidays. Your bath shall be ready for you: your sister and mother shall be of the party." And so the doubts are settled.
Now came on the question of the Tribuneship of Clodius, in reference to which I will quote a passage out of Middleton, because the phrase which he uses exactly explains the purposes of Cæsar and Pompey.
b.c. 60, ætat 47.
"Clodius, who had been contriving all this while how to revenge himself on Cicero, began now to give an opening to the scheme which he had formed for that purpose. His project was to get himself chosen Tribune, and in that office to drive him out of the city, by the publication of a law which, by some stratagem or other, he hoped to obtrude on the people. But as all Patricians were incapable of the Tribunate, by its original institution so his first step was to make himself a Plebeian by the pretence of an adoption into a Plebeian house, which could not yet be done without the suffrage of the people. This case was wholly new, and contrary to all the forms—wanting every condition, and serving none of the ends which were required in regular adoptions—so that, on the first proposal, it seemed too extravagant to be treated seriously, and would soon have been hissed off with scorn, had it not been concerted and privately supported by persons of much more weight than Clodius. Cæsar was at the bottom of it, and Pompey secretly favored it—not that they intended to ruin Cicero, but to keep him only under the lash—and if they could not draw him into their measures, to make him at least sit quiet, and let Clodius loose upon him."[240]
This, no doubt, was the intention of the political leaders in Rome at this conjunction of affairs. It had been found impossible to draw Cicero gently into the net, so that he should become one of them. If he would live quietly at his Antian or Tusculan villa, amid his books and writings, he should be treated with all respect; he should be borne with, even though he talked so much of his own Consulate. But if he would interfere with the politics of the day, and would not come into the net, then he must be dealt with. Cæsar seems to have respected Cicero always, and even to have liked him; but he was not minded to put up with a "friend" in Rome who from day to day abused all his projects. In defending Antony, the Macedonian Proconsul who was condemned, Cicero made some unpleasant remarks on the then condition of things. Cæsar, we are told, when he heard of this, on the very spur of the moment, caused Clodius to be accepted as a Plebeian.
In all this we are reminded of the absolute truth of Mommsen's verdict on Rome, which I have already quoted more than once: "On the Roman oligarchy of this period no judgment can be passed, save one of inexorable and remorseless condemnation." How had it come to pass that Cæsar had the power of suddenly causing an edict to become law, whether for good or for evil? Cicero's description of what took place is as follows:[241] "About the sixth hour of the day, when I was defending my colleague Antony in court, I took occasion to complain of certain things which were being done in the Republic, and which I thought to be injurious to my poor client. Some dishonest persons carried my words to men in power"—meaning Cæsar and Pompey—"not, indeed, my own words, but words very different from mine. At the ninth hour on that very same day, you, Clodius, were accepted as a Plebeian." Cæsar, having been given to understand that Cicero had been making himself disagreeable, was determined not to put up with it. Suetonius tells the same story with admirable simplicity. Of Suetonius it must be said that, if he had no sympathy for a patriot such as Cicero, neither had he any desire to represent in rosy colors the despotism of a Cæsar. He tells his stories simply as he has heard them. "Cicero," says Suetonius,[242] "having at some trial complained of the state of the times, Cæsar, on the very same day, at the ninth hour, passed Clodius over from the Patrician to the Plebeian rank, in accordance with his own desire." How did it come to pass that Cæsar, who, though Consul at the time, had no recognized power of that nature, was efficacious for any such work as this? Because the Republic had come to the condition which the German historian has described. The conspiracy between Cæsar and his subordinates had not been made for nothing. The reader will require to know why Clodius should have desired degradation, and how it came to pass that this degradation should have been fatal to Cicero. The story has been partly told in the passage from Middleton. A Patrician, in accordance with the constitution, could not be a Tribune of the people. From the commencement of the Tribunate, that office had been reserved for the Plebeians. But a Tribune had a power of introducing laws which exceeded that of any Senator or any other official. "They had acquired the right," we are told in Smith's Dictionary of Greek and Roman Antiquities, "of proposing to the comitia tributa, or to the Senate, measures on nearly all the important affairs of the State;" and as matters stood at this time, no one Tribune could "veto" or put an arbitrary stop to a proposition from another. When such proposition was made, it was simply for the people to decide by their votes whether it should or should not be law. The present object was to have a proposition made and carried suddenly, in reference to Cicero, which should have, at any rate, the effect of stopping his mouth. This could be best done by a Tribune of the people. No other adequate Tribune could be found—no Plebeian so incensed against Cicero as to be willing to do this, possessing at the same time power enough to be elected. Therefore it was that Clodius was so anxious to be degraded.
No Patrician could become a Tribune of the people; but a Patrician might be adopted by a Plebeian, and the adopted child would take the rank of his father—would, in fact, for all legal purposes, be the same as a son. For doing this in any case a law had to be passed—or, in other words, the assent of the people must be obtained and registered. But many conditions were necessary. The father intending to adopt must have no living son of his own, and must be past the time of life at which he might naturally hope to have one; and the adopted son must be of a fitting age to personate a son—at any rate, must be younger than the father; nothing must be done injurious to either family; there must be no trick in it, no looking after other result than that plainly intended. All these conditions were broken. The pretended father, Fonteius, had a family of his own, and was younger than Clodius. The great Claudian family was desecrated, and there was no one so ignorant as not to know that the purpose intended was that of entering the Tribunate by a fraud. It was required by the general law that the Sacred College should report as to the proper observances of the prescribed regulations, but no priest was ever consulted. Yet Clodius was adopted, made a Plebeian, and in the course of the year elected as Tribune.
In reading all this, the reader is mainly struck by the wonderful admixture of lawlessness and law-abiding steadfastness. If Cæsar, who was already becoming a tyrant in his Consulship, chose to make use of this means of silencing Cicero, why not force Clodius into the Tribunate without so false and degrading a ceremony? But if, as was no doubt the case, he was not yet strong enough to ignore the old popular feelings on the subject, how was it that he was able to laugh in his sleeve at the laws, and to come forth at a moment's notice and cause the people to vote, legally or illegally, just as he pleased? It requires no conjurer to tell us the reason. The outside hulls and husks remain when the rich fruit has gone. It was in seeing this, and yet not quite believing that it must be so, that the agony of Cicero's life consisted. There could have been no hope for freedom, no hope for the Republic, when Rome had been governed as it was during the Consulship of Cæsar; but Cicero could still hope, though faintly, and still buoy himself up with remembrances of his own year of office.
In carrying on the story of the newly-adopted child to his election as Tribune, I have gone beyond the time of my narration, so that the reader may understand the cause and nature and effect of the anger which Clodius entertained for Cicero. This originated in the bitter words spoken as to the profanation of the Bona Dea, and led to the means for achieving Cicero's exile and other untoward passages of his life. In the year 60 b.c., when Metellus Celer and Afranius were Consuls, Clodius was tried for insulting the Bona Dea, and the since so-called Triumvirate was instituted. It has already been shown that Cicero, not without many doubts, rejected the first offers which were made to him to join the forces that were so united. He seems to have passed the greater portion of this year in Rome. One letter only was written from the country, to Atticus, from his Tusculan villa, and that is of no special moment. He spent his time in the city, still engaged in the politics of the day; as to which, though he dreaded the coming together of Cæsar and Pompey and Crassus—those "graves principum amicitias" which were to become so detrimental to all who were concerned in them—he foresaw as yet but little of the evil which was to fall upon his own head. He was by no means idle as to literature, though we have but little of what he wrote, and do not regret what we have lost. He composed a memoir of his Consulate in Greek, which he sent to Atticus with an allusion to his own use of the foreign language intended to show that he is quite at ease in that matter. Atticus had sent him a memoir, also written in Greek, on the same subject, and the two packets had crossed each other on the road. He candidly tells Atticus that his attempt seems to be "horridula atque incompta," rough and unpolished; whereas Posidonius, the great Greek critic of Rhodes who had been invited by him, Cicero, to read the memoir, and then himself to treat the same subject, had replied that he was altogether debarred from such an attempt by the excellence of his correspondent's performance.[243] He also wrote three books of a poem on his Consulate, and sent them to Atticus; of which we have a fragment of seventy-five lines quoted by himself,[244] and four or five other lines including that unfortunate verse handed down by Quintilian, "O fortunatum natam me consule Romam"—unless, indeed, it be spurious, as is suggested by that excellent critic and whole-hearted friend of the orator's, M. Gueroult. Previous to these he had produced in hexameters, also, a translation of the Prognostics of Aratus. This is the second part of a poem on the heavenly bodies, the first part, the Phænomena, having been turned into Latin verse by him when he was eighteen. Of the Prognostics we have only a few lines preserved by Priscian, and a passage repeated by the author, also in his De Divinatione. I think that Cicero was capable of producing a poem quite worthy of preservation; but in the work of this year the subjects chosen were not alluring.