424. Of the first group of Roman Stoics the most notable was C. Laelius, the intimate friend of Scipio, who became consul in 140 B.C. In his youth he had listened to the teaching of Diogenes of Babylon, in later life he was the friend of Panaetius[4]. He was in his time a notable orator with a quiet flowing style[5]; his manners were cheerful[6], his temper was calm[7]; and, as we have seen[8], he seemed to many the nearest of all the Romans to the ideal of the Stoic sage. He is brought on as the chief speaker in Cicero’s de Amicitia. Another close friend of Africanus was Sp. Mummius, the brother of the conqueror of Achaia; his oratory was marked by the ruggedness characteristic of the Stoic school[9]. Passing mention may be made of L. Furius Philus, consul in 136 B.C., and a member of the same group, though his philosophical views are not known to us[10].
The Gracchan period.
425. From the ‘humane’ movement sprang the Gracchan reforms, which all alike aimed at deposing from power the class to which the reformers by birth belonged. To the temper of mind which made such a desire possible Stoic doctrine had largely contributed. The Greeks had taught their Roman pupils to see in the nascent Roman empire, bearing the watchword of the ‘majesty of the Roman name’ (maiestas nominis Romani), at least an approximation to the ideal Cosmopolis: and many Romans so far responded to this suggestion as to be not unfriendly towards plans for extending their citizenship and equalizing the privileges of those who enjoyed it. C. Blossius of Cumae, a pupil of Antipater of Tarsus, went so far as to instigate Tiberius Gracchus to the schemes which proved his destruction[11]; whilst other Stoics, equally sincere in their aims, disagreed with the violence shown by Tiberius in his choice of method. Amongst the latter was Q. Aelius Tubero, a nephew of Africanus[12], who became consul in 118 B.C. He devoted himself day and night to the study of philosophy[13], and though of no mark as an orator, won himself respect by the strictness and consistency of his life[14]. Panaetius, Posidonius, and Hecato all addressed treatises to him[15]; and he is a leading speaker in Cicero’s Republic.
Laelius to Lucilius.
426. After the fall of the Gracchi the Stoic nobles continued to play distinguished and honourable parts in public life. A family succession was maintained through two daughters of Laelius, so that here we may perhaps recognise the beginning of the deservedly famous ‘Stoic marriages.’ Of the two ladies the elder was married to Q. Mucius Scaevola, known as ‘the augur,’ who was consul in 117 B.C. He was a devoted friend of Panaetius, and famous for his knowledge of civil law[16]. The younger daughter was married to C. Fannius, who obtained some distinction as a historian[17]. In C. Lucilius we find the Latin poet of Stoicism; the views which he expresses in his satires on religion and ethics are in the closest agreement with the teaching of Panaetius[18], and the large circulation of his poems must have diffused them through wide circles[19]. At the same time his attacks on the religious institutions of Numa and his ridicule of his own childish beliefs may well have brought philosophy into ill odour as atheistic and unpatriotic: and we find the statesmen of the next generation specially anxious to avoid any such imputations.
Scaevola ‘the pontifex.’
427. A dominating figure is that of Q. Mucius Scaevola, commonly called ‘the pontifex,’ who was a nephew of his namesake mentioned above, and derived from him his interest in civil law; he was consul in 95 B.C. He overcame the difficulty about the popular religion by distinguishing on Stoic lines three classes of deities, (i) mythical deities, celebrated by the poets with incredible and unworthy narrations[20]; (ii) philosophical deities, better suited for the schools than for the market-place; (iii) civic deities, whose ceremonies it is the duty of state officials to maintain[21], interpreting them so as to agree with the philosophers rather than with the poets[22]. In this spirit he filled the position of chief officer of the state religion. He was however no time-server; for being appointed after his consulship to be governor of Asia, he joined with his former quaestor P. Rutilius Rufus in the design of repressing the extortion of the publicani. A decisive step taken by him was to declare all dishonourable contracts invalid[23]; and more than a generation later his just and sparing administration was gratefully remembered both at Rome and in the provinces[24]. The equites took their revenge not on Scaevola but on Rutilius[25], whom they brought to trial in 92 B.C., when Scaevola pleaded his cause in a simple and dignified way that became a Stoic, but did not exclude some traces of elegance[26]. He is regarded as the father of Roman law, for he was the first to codify it, which he did in eighteen volumes[27]. He also wrote a special work on definitions, which no doubt reflected the interest which the Stoics took in this part of logic.
The Stoic lawyers.
428. It seems beyond dispute that the systematic study of law, which developed in later centuries into the science of Roman jurisprudence, and as such has exercised a weighty influence on the development of Western civilisation, had its beginnings amongst a group of men profoundly influenced by Stoic teaching. It does not therefore follow that the fundamental ideas expressed by such terms as ius gentium, lex naturae, are exclusively Stoic in origin. The former phrase appears to have been in common use at this time to indicate the laws generally in force amongst the peoples that surrounded Rome; the latter is a philosophical term derived from the Greek, denoting an ideal law which ought to exist amongst men everywhere[28]. The principle of obedience to nature is not peculiar to the Stoic philosophy, but belongs to the common substratum of all philosophical thought. It does however seem to be the case that the Stoic theory of the ‘common law’ (κοινὸς νόμος) was in fact the stimulus which enabled the Romans to transform their system of ‘rights,’ gradually throwing over all that was of the nature of mechanical routine or caste privilege, and harmonizing contradictions by the principle of fairness. The successor of Scaevola was C. Aquilius Gallus, praetor in 66 B.C. with Cicero, of whom it is specially noted that he guided his exposition of law by the principle of equity[29]; and after him S. Sulpicius Rufus, the contemporary and intimate friend of Cicero. We do not know that he was a Stoic, but he was a student of dialectic under L. Lucilius Balbus, who as well as his brother belonged to this school[30]; and he followed Stoic principles in studying oratory just enough to make his exposition clear[31]. He was the acknowledged head of his profession, and compiled 180 books on law[32]. In the civil war he took sides with Caesar[33].
Stoics of the Sullan period.