“Cedant arma togæ—concedat laurea linguæ.”
Cicero replied in a bitter invective, in which he exposed the whole life and conduct of his enemy to public contempt and detestation. The most singular feature of this harangue is the personal abuse and coarseness of expression it contains, which appear the more extraordinary when we consider that it was delivered in the Senate-house, and directed against an individual of such distinction and consequence as Piso. Cicero applies to him the opprobrious epithets of bellua, furia, carnifex, furcifer, &c.; he banters him on his personal deformities, and upbraids him with his ignominious descent on one side of the family, while, on the other, he had no resemblance to his ancestors, except to the sooty complexion of their images.
Pro Milone.—When Milo was candidate for the Consulship, the notorious demagogue Clodius supported his competitors, and during the canvass, party spirit grew so violent, that the [pg 174]two factions often came to blows within the walls of the city. While these dissensions were at their height, Clodius and Milo met on the Appian Way—the former returning from the country towards Rome, and the latter setting out for Lanuvium, both attended by a great retinue. A quarrel arose among their followers, in which Clodius was wounded and carried into a house in the vicinity. By order of Milo, the doors were broken open, his enemy dragged out, and assassinated on the highway. The death of Clodius excited much confusion and tumult at Rome, in the course of which the courts of justice were burned by a mob. Milo having returned from the banishment into which he had at first withdrawn, was impeached for the crime by the Tribunes of the people; and Pompey, in virtue of the authority conferred on him by a decree of the Senate, nominated a special commission to inquire into the murder committed on the Appian Way. In order to preserve the tranquillity of the city, he placed guards in the Forum, and occupied all its avenues with troops. This unusual appearance, and the shouts of the Clodian faction, which the military could not restrain, so discomposed the orator, that he fell short of his usual excellence. The speech which he actually delivered, was taken down in writing, and is mentioned by Asconius Pedianus as still extant in his time. But that beautiful harangue which we now possess, is one which was retouched and polished, as a gift for Milo, after he had retired in exile to Marseilles.
In the oration, as we now have it, Cicero takes his exordium from the circumstances by which he was so much, though, as he admits, so causelessly disconcerted; since he knew that the troops were not placed in the Forum to overawe, but to protect. In entering on the defence, he grants that Clodius was killed, and by Milo; but he maintains that homicide is, on many occasions, justifiable, and on none more so than when force can only be repelled by force, and when the slaughter of the aggressor is necessary for self-preservation. These principles are beautifully illustrated, and having been, as the orator conceives, sufficiently established, are applied to the case under consideration. He shows, from the circumstantial evidence of time and place—the character of the deceased—the retinue by which he was accompanied—his hatred to Milo—the advantages which would have resulted to him from the death of his enemy, and the expressions proved to have been used by him, that Clodius had laid an ambush for Milo. Cicero, it is evident, had here the worst of the cause. The encounter appears, in fact, to have been accidental; and though the servants of Clodius may, perhaps, have been the assailants, [pg 175]Milo had obviously exceeded the legitimate bounds of self defence. The orator accordingly enforces the argument, that the assassination of Clodius was an act of public benefit, which, in a consultation of Milo’s friends, was the only one intended to have been advanced, and was the sole defence adopted in the oration which Brutus is said to have prepared for the occasion. Cicero, while he does not forego the advantage of this plea, maintains it hypothetically, contending that even if Milo had openly pursued and slain Clodius as a common enemy, he might well boast of having freed the state from so pernicious and desperate a citizen. To add force to this argument, he takes a rapid view of the various acts of atrocity committed by Clodius, and the probable situation of the Republic, were he to revive. When the minds of the judges were thus sufficiently prepared, he ascribes his tragical end to the immediate interposition of the providential powers, specially manifested by his fall near the temple of Bona Dea, whose mysteries he had formerly profaned. Having excited sufficient indignation against Clodius, he concludes with moving commiseration for Milo, representing his love for his country and fellow-citizens,—the sad calamity of exile from Rome,—and his manly resignation to whatever punishment might be inflicted on him.
The argument in this oration was perhaps as good as the circumstances admitted; but we miss through the whole that reference to documents and laws, which gives the stamp of truth to the orations of Demosthenes. Each ground of defence, taken by itself, is deficient in argumentative force. Thus, in maintaining that the death of Clodius was of no benefit to Milo, he has taken too little into consideration the hatred and rancour mutually felt by the heads of political factions: but he supplies his weakness of argument by illustrative digressions, flashes of wit, bursts of eloquence, and appeals to the compassion of the judges, on which he appears to have placed much reliance[328]. On the whole, this oration was accounted, both by Cicero himself and by his contemporaries, as the finest effort of his genius; which confirms what indeed is evinced by the whole history of Roman eloquence, that the judges were easily satisfied on the score of reasoning, and attached more importance to pathos, and wit, and sonorous periods, than to fact or law.
Pro Rabirio Postumo.—This is the defence of Rabirius, who was prosecuted for repayment of a sum which he was [pg 176]supposed to have received, in conjunction with the Proconsul Gabinius, from King Ptolemy, for having placed him on the throne of Egypt, contrary to the injunctions of the Senate.
Pro Ligario.—This oration was pronounced after Cæsar, having vanquished Pompey in Thessaly, and destroyed the remains of the Republican party in Africa, assumed the supreme administration of affairs at Rome. Merciful as the conqueror appeared, he was understood to be much exasperated against those who, after the rout at Pharsalia, had renewed the war in Africa. Ligarius, when on the point of obtaining a pardon, was formally accused by his old enemy Tubero, of having borne arms in that contest. The Dictator himself presided at the trial of the case, much prejudiced against Ligarius, as was known from his having previously declared, that his resolution was fixed, and was not to be altered by the charms of eloquence. Cicero, however, overcame his prepossessions, and extorted from him a pardon. The countenance of Cæsar, it is said, changed, as the orator proceeded in his speech; but when he touched on the battle of Pharsalia, and described Tubero as seeking his life, amid the ranks of the army, the Dictator became so agitated, that his body trembled, and the papers which he held dropped from his hand[329].
This oration is remarkable for the free spirit which it breathes, even in the face of that power to which it was addressed for mercy. But Cicero, at the same time, shows much art in not overstepping those limits, within which he knew he might speak without offence, and in seasoning his freedom with appropriate compliments to Cæsar, of which, perhaps, the most elegant is, that he forgot nothing but the injuries done to himself. This was the person whom, in the time of Pompey, he characterized as monstrum et portentum tyrannum, and whose death he soon afterwards celebrated as divinum in rempublicam beneficium!
The oration of Tubero against Ligarius, was extant in Quintilian’s time, and probably explained the circumstances which induced a man, who had fought so keenly against Cæsar at Pharsalia, to undertake the prosecution of Ligarius.
Pro Rege Dejotaro.—Dejotarus was a Tetrarch of Galatia, who obtained from Pompey the realm of Armenia, and from the Senate the title of King. In the civil war he had espoused the cause of his benefactors. Cæsar, in consequence, deprived him of Armenia, but was subsequently reconciled to him, and, while prosecuting the war against Pharnaces, visited him in his original states of Galatia. Some time after[pg 177]wards, Phidippus, the physician of the king, and his grandson Castor, accused him of an attempt to poison Cæsar, during the stay which the Dictator had made at his court. Cicero defended him in the private apartments of Cæsar, and adopted the same happy union of freedom and flattery, which he had so successfully employed in the case of Ligarius. Cæsar, however, pronounced no decision on the one side or other.