3. Finally, the deliberations of the Senate, which was the great council of the state, afforded, at least to its members, [pg 148]the noblest opportunities for the exertions of eloquence. This august and numerous body consisted of individuals who had reached a certain age, and who were possessed of a certain extent of property, who were supposed to be of unblemished reputation, and most of whom had passed through the annual magistracies of the state. They were consulted upon almost everything that regarded the administration or safety of the commonwealth. The power of making war and peace, though it ultimately lay with the people assembled in the Comitia Centuriata, was generally left by them entirely to the Senate, who passed a decree of peace or war previous to the suffrages of the Comitia. The Senate, too, had always reserved to itself the supreme direction and superintendance of the religion of the country, and the distribution of the public revenue—the levying or disbanding troops, and fixing the service on which they should be employed—the nomination of governors for the provinces—the rewards assigned to successful generals for their victories, and the guardianship of the state in times of civil dissension. These were the great subjects of debate in the Senate, and they were discussed on certain fixed days of the year, when its members assembled of course, or when they were summoned together for any emergency. They invariably met in a temple, or other consecrated place, in order to give solemnity to their proceedings, as being conducted under the immediate eye of Heaven. The Consul, who presided, opened the business of the day, by a brief exposition of the question which was to be considered by the assembly. He then asked the opinions of the members in the order of rank and seniority. Freedom of debate was exercised in its greatest latitude; for, though no senator was permitted to deliver his sentiments till it came to his turn, he had then a right to speak as long as he thought proper, without being in the smallest degree confined to the point in question. Sometimes, indeed, the Conscript Fathers consulted on the state of the commonwealth in general; but even when summoned to deliberate on a particular subject, they seem to have enjoyed the privilege of talking about anything else which happened to be uppermost in their minds. Thus we find that Cicero took the opportunity of delivering his seventh Philippic when the Senate was consulted concerning the Appian Way, the coinage, and Luperci—subjects which had no relation to Antony, against whom he inveighed from one end of his oration to the other, without taking the least notice of the only points which were referred to the consideration of the senators[312]. The resolution of the major[pg 149]ity was expressed in the shape of a decree, which, though not properly a law, was entitled to the same reverence on the point to which it related; and, except in matters where the interests of the state required concealment, all pains were taken to give the utmost publicity to the whole proceedings of the Senate.
The number of the Senate varied, but in the time of Cicero, it was nearly the same as the British House of Commons; but it required a larger number to make a quorum. Sometimes there were between 400 and 500 members present; but 200, at least during certain seasons of the year, formed what was accounted a full house. This gave to senatorial eloquence something of the spirit and animation created by the presence of a popular assembly, while at the same time the deliberative majesty of the proceedings required a weight of argument and dignity of demeanour, unlooked for in the Comitia, or Forum. Accordingly, the levity, ingenuity, and wit, which were there so often crowned with success and applause, were considered as misplaced in the Senate, where the consular, or prætorian orator, had to prevail by depth of reasoning, purity of expression, and an apparent zeal for the public good.
It was the authority of the Senate, with the calm and imposing aspect of its deliberations, that gave to Latin oratory a somewhat different character from the eloquence of Greece, to which, in consequence of the Roman spirit of imitation, it bore, in many respects, so close a resemblance. The power of the Areopagus, which was originally the most dignified assembly at Athens, had been retrenched amid the democratic innovations of Pericles. From that period, everything, even the most important affairs of state, depended entirely, in the pure democracy of Athens, on the opinion, or rather the momentary caprice of an inconstant people, who were fond of pleasure and repose, who were easily swayed by novelty, and were confident in their power. As their precipitate decisions thus often hung on an instant of enthusiasm, the orator required to dart into their bosoms those electric sparks of eloquence which inflamed their passions, and left no corner of the mind fitted for cool consideration. It was the business of the speaker to allow them no time to recover from the shock, for its force would have been spent had they been permitted to occupy themselves with the beauties of style and diction. “Applaud not the orator,” says Demos[pg 150]thenes, at the end of one of his Philippics, “but do what I have recommended. I cannot save you by my words, you must save yourselves by your actions.” When the people were persuaded, every thing was accomplished, and their decision was embodied in a sort of decree by the orator. The people of Rome, on the other hand, were more reflective and moderate, and less vain than the Athenians; nor was the whole authority of the state vested in them. There was, on the contrary, an accumulation of powers, and a complication of different interests to be managed. Theoretically, indeed, the sovereignty was in the people, but the practical government was intrusted to the Senate. As we see from Cicero’s third oration, De Lege Agraria, the same affairs were often treated at the same time in the Senate and on the Rostrum. Hence, in the judicial and legislative proceedings, in which, as we have seen, the feelings of the judges and prejudices of the vulgar were so frequently appealed to, some portion of the senatorial spirit pervaded and controlled the popular assemblies, restrained the impetuosity of decision, and gave to those orators of the Forum, or Comitia, who had just spoken, or were to speak next day in the Senate, a more grave and temperate tone, than if their tongues had never been employed but for the purpose of impelling a headlong multitude.
But if the Greeks were a more impetuous and inconstant, they were also a more intellectual people than the Romans. Literature and refinement were more advanced in the age of Pericles than of Pompey. Now, in oratory, a popular audience must be moved by what corresponds to the feelings and taste of the age. With such an intelligent race as the Greeks, the orator was obliged to employ the most accurate reasoning, and most methodical arrangement of his arguments. The flowers of rhetoric, unless they grew directly from the stem of his discourse, were little admired. The Romans, on the other hand, required the excitation of fancy, of comparisons, and metaphors, and rhetorical decoration. Hence, the Roman orator was more anxious to seduce the imagination than convince the understanding; his discourse was adorned with frequent digressions into the field of morals and philosophy, and he was less studious of precision than of ornament.
On the whole, the circumstances in the Roman constitution and judicial procedure, appear to have wonderfully conspired to render
CICERO
an accomplished orator. He was born and educated at a period when he must have formed the most exalted idea of his country. She had reached the height of power, and had not yet sunk into submission or servility. The subjects to be discussed, and characters to be canvassed, were thus of the most imposing magnitude, and could still be treated with freedom and independence. The education, too, which Cicero had received, was highly favourable to his improvement. He had the first philosophers of the age for his teachers, and he studied the civil law under Scævola, the most learned jurisconsult who had hitherto appeared in Rome. When he came to attend the Forum, he enjoyed the advantage of daily hearing Hortensius, unquestionably the most eloquent speaker who had yet shone in the Forum or Senate. The harangues of this great pleader formed his taste, and raised his emulation, and, till near the conclusion of his oratorical career, acted as an incentive to exertions, which might have abated, had he been left without a competitor in the Forum. The blaze of Hortensius’s rhetoric would communicate to his rival a brighter flame of eloquence than if he had been called on to refute a cold and inanimate adversary. Still, however, the great secret of his distinguished oratorical eminence was, that notwithstanding his vanity, he never fell into the apathy with regard to farther improvement, by which self-complacency is so often attended. On the contrary, Cicero, after he had delivered two celebrated orations, which filled the Forum with his renown, so far from resting satisfied with the acclamations of the capital, abandoned, for a time, the brilliant career on which he had entered, and travelled, during two years, through the cities of Greece, in quest of philosophical improvement and rhetorical instruction.
With powers of speaking beyond what had yet been known in his own country, and perhaps not inferior to those which had ever adorned any other, he possessed, in a degree superior to all orators, of whatever age or nation, a general and discursive acquaintance with philosophy and literature, together with an admirable facility of communicating the fruits of his labours, in a manner the most copious, perspicuous, and attractive. To this extensive knowledge, by which his mind was enriched and supplied with endless topics of illustration—to the lofty ideas of eloquence, which perpetually revolved in his thoughts—to that image which ever haunted his breast, of [pg 152]such infinite and superhuman perfection in oratory, that even the periods of Demosthenes did not fill up the measure of his conceptions[313], we are chiefly indebted for those emanations of genius, which have given, as it were, an immortal tongue to the now desolate Forum and ruined Senate of Rome.
The first oration which Cicero pronounced, at least of those which are extant, was delivered in presence of four judges appointed by the Prætor, and with Hortensius for his opponent. It was in the case of Quintius, which was pleaded in the year 672, when Cicero was 26 years of age, at which time he came to the bar much later than was usual, after having studied civil law under Mucius Scævola, and having further qualified himself for the exercise of his profession by the study of polite literature under the poet Archias, as also of philosophy under the principal teachers of each sect who had resorted to Rome. This case was undertaken by Cicero, at the request of the celebrated comedian Roscius, the brother-in-law of Quintius; but it was not of a nature well adapted to call forth or display any of the higher powers of eloquence. It was a pure question of civil right, and, in a great measure, a matter of form; the dispute being whether his client had forfeited his recognisances, and whether his opponent Nævius had got legal possession of his effects by an edict which the Prætor had pronounced, in consequence of the supposed forfeiture. But even here, where the point was more one of dry legal discussion than in any other oration of Cicero, we meet with much invective, calculated to excite the indignation of the judges against the adverse party, and many pathetic supplications, interspersed with high-wrought pictures of the distresses of his client, in order to raise their sympathy in his favour.