XXXVI. The true spirit of genuine eloquence [a], like an intense fire, is kept alive by fresh materials: every new commotion gives it vigour, and in proportion as it burns, it expands and brightens to a purer flame. The same causes at Rome produced the same effect. Tempestuous times called forth the genius of our ancestors. The moderns, it is true, have taken fire, and rose above themselves, as often as a quiet, settled, and uniform government gave a fair opportunity; but eloquence, it is certain, flourishes most under a bold and turbulent democracy, where the ambitious citizen, who best can mould to his purposes a fierce and contentious multitude, is sure to be the idol of the people. In the conflict of parties, that kept our ancestors in agitation, laws were multiplied; the leading chiefs were the favourite demagogues; the magistrates were often engaged in midnight debate; eminent citizens were brought to a public trial; families were set at variance; the nobles were split into factions, and the senate waged incessant war against the people. Hence that flame of eloquence which blazed out under the republican government, and hence that constant fuel that kept the flame alive.
The state, it is true, was often thrown into convulsions: but talents were exercised, and genius opened the way to public honours. He who possessed the powers of persuasion, rose to eminence, and by the arts which gave him popularity, he was sure to eclipse his colleagues. He strengthened his interest with the leading men, and gained weight and influence not only in the senate, but in all assemblies of the people. Foreign nations [] courted his friendship. The magistrates, setting out for their provinces, made it their business to ingratiate themselves with the popular speaker, and, at their return, took care to renew their homage. The powerful orator had no occasion to solicit for preferment: the offices of prætor and consul stood open to receive him. He was invited to those exalted stations. Even in the rank of a private citizen he had a considerable share of power, since his authority swayed at once the senate and the people. It was in those days a settled maxim, that no man could either rise to dignities, or support himself in office, without possessing, in an eminent degree, a power of words, and dignity of language.
Nor can this be a matter of wonder, when we recollect, that persons of distinguished genius were, on various occasions, called forth by the voice of the people, and in their presence obliged to act an important part. Eloquence was the ruling passion of all. The reason is, it was not then sufficient merely to vote in the senate; it was necessary to support that vote with strength of reasoning, and a flow of language. Moreover, in all prosecutions, the party accused was expected to make his defence in person, and to examine the witnesses [c], who at that time were not allowed to speak in written depositions, but were obliged to give their testimony in open court. In this manner, necessity, no less than the temptation of bright rewards, conspired to make men cultivate the arts of oratory. He who was known to possess the powers of speech, was held in the highest veneration. The mute and silent character fell into contempt. The dread of shame was a motive not less powerful than the ambition that aimed at honours. To sink into the humiliating rank of a client, instead of maintaining the dignity of a patron, was a degrading thought. Men were unwilling to see the followers of their ancestors transferred to other families for protection. Above all, they dreaded the disgrace of being thought unworthy of civil honours; and, if by intrigue they attained their wishes, the fear of being despised for incapacity was a spur to quicken their ardour in the pursuit of literary fame and commanding eloquence.
XXXVII. I do not know whether you have as yet seen the historical memoirs which Mucianus [a] has collected, and lately published, containing, in eleven volumes, the transactions of the times, and, in three more, the letters of eminent men who figured on the stage of public business. This portion of history is well authenticated by the original papers, still extant in the libraries of the curious. From this valuable collection it appears, that Pompey and Crassus [] owed their elevation as much to their talents as to their fame in arms; and that Lentulus [c], Metellus, Lucullus, Curio, and others of that class, took care to enlarge their minds, and distinguish themselves by their powers of speech. To say all in one word, no man, in those times, rose to eminence in the state, who had not given proof of his genius in the forum and the tribunals of justice.
To this it may be added, that the importance, the splendour, and magnitude of the questions discussed in that period, served to animate the public orator. The subject, beyond all doubt, lifts the mind above itself: it gives vigour to sentiment, and energy to expression. Let the topic be a paltry theft, a dry form of pleading, or a petty misdemeanor; will not the orator feel himself cramped and chilled by the meanness of the question? Give him a cause of magnitude, such as bribery in the election of magistrates, a charge for plundering the allies of Rome, or the murder of Roman citizens, how different then his emotions! how sublime each sentiment! what dignity of language! The effect, it must be admitted, springs from the disasters of society. It is true, that form of government, in which no such evils occur, must, beyond all question, be allowed to be the best; but since, in the course of human affairs, sudden convulsions must happen, my position is, that they produced, at Rome, that flame of eloquence which at this hour is so much admired. The mind of the orator grows and expands with his subject. Without ample materials no splendid oration was ever yet produced. Demosthenes, I believe, did not owe his vast reputation to the speeches which he made against his guardians [d]; nor was it either the oration in defence of Quinctius, or that for Archias the poet, that established the character of Cicero. It was Catiline, it was Verres, it was Milo and Mark Antony, that spread so much glory round him.
Let me not be misunderstood: I do not say, that for the sake of hearing a bright display of eloquence, it is fit that the public peace should be disturbed by the machinations of turbulent and lawless men. But, not to lose sight of the question before us, let it be remembered, that we are enquiring about an art which thrives and flourishes most in tempestuous times. It were, no doubt, better that the public should enjoy the sweets of peace, than be harassed by the calamities of war: but still it is war that produces the soldier and great commander. It is the same with Eloquence. The oftener she is obliged, if I may so express it, to take the field, the more frequent the engagement, in which she gives and receives alternate wounds, and the more formidable her adversary; the more she rises in pomp and grandeur, and returns from the warfare of the forum crowned with unfading laurels. He, who encounters danger, is ever sure to win the suffrages of mankind. For such is the nature of the human mind, that, in general, we choose a state of security for ourselves, but never fail to gaze with admiration on the man, whom we see, in the conflict of parties, facing his adversaries, and surmounting difficulties.
XXXVIII. I proceed to another advantage of the ancient forum; I mean the form of proceeding and the rules of practice observed in those days. Our modern custom is, I grant, more conducive to truth and justice; but that of former times gave to eloquence a free career, and, by consequence, greater weight and splendour. The advocate was not, as now, confined to a few hours [a]; he might adjourn as often as it suited his convenience; he might expatiate, as his genius prompted him: and the number of days, like that of the several patrons, was unlimited. Pompey was the first who circumscribed the genius of men within narrower limits []. In his third consulship he gave a check to eloquence, and, as it were, bridled its spirit, but still left all causes to be tried according to law in the forum, and before the prætors. The importance of the business, which was decided in that court of justice, will be evident, if we compare it with the transactions before the centumvirs [c], who at present have cognizance of all matters whatever. We have not so much as one oration of Cicero or Cæsar, of Brutus, Cælius, or Calvus, or any other person famous for his eloquence, which was delivered before the last-mentioned jurisdiction, excepting only the speeches of Asinius Pollio [d] for the heirs of Urbinia. But those speeches were delivered about the middle of the reign of Augustus, when, after a long peace with foreign nations, and a profound tranquillity at home, that wise and politic prince had conquered all opposition, and not only triumphed over party and faction, but subdued eloquence itself.