Servius Sulpicius, as has been already said, had died on his embassy to Marcus Antonius, before Mutina; and the day after the delivery of the preceding speech, Pansa again called the senate together to deliberate on the honours to be paid to his memory. He himself proposed a public funeral, a sepulchre, and a statue. Servilius opposed the statue, as due only to those who had been slain by violence while in discharge of their duties as ambassadors. Cicero delivered the following oration in support of Pansa's proposition, which was carried.[42]
I. I wish, O conscript fathers, that the immortal gods had granted to us to return thanks to Servius Sulpicius while alive, rather than thus to devise honours for him now that he is dead. Nor have I any doubt, but that if that man had been able himself to give us his report of the proceedings of his embassy, his return would have been acceptable to you and salutary to the republic. Not that either Lucius Piso or Lucius Philippus have been deficient in either zeal or care in the performance of so important a duty and so grave a commission; but, as Servius Sulpicius was superior in age to them, and in wisdom to every one, he, being suddenly taken from the business, left the whole embassy crippled and enfeebled.
But if deserved honours have been paid to any ambassador after death, there is no one by whom they can be found to have been ever more fully deserved than by Servius Sulpicius. The rest of those men who have died while engaged on an embassy, have gone forth, subject indeed to the usual uncertainties of life, but without any especial danger or fear of death. Servius Sulpicius set out with some hope indeed of reaching Antonius, but with none of returning. But though he was so very ill that if any exertion were added to his bad state of health, he would have no hope of himself, still he did not refuse to try, even while at his last gasp, to be of some service to the republic. Therefore neither the severity of the winter, nor the snow, nor the length of the journey, nor the badness of the roads, nor his daily increasing illness, delayed him. And when he had arrived where he might meet and confer with the man to whom he had been sent, he departed this life in the midst of his care and consideration as to how he might best discharge the duty which he had undertaken.
As therefore, O Caius Pansa, you have done well in other respects, so you have acted admirably in exhorting us this day to pay honour to Servius Sulpicius, and in yourself making an eloquent oration in his praise. And after the speech which we have heard from you, I should have been content to say nothing beyond barely giving my vote, if I did not think it necessary to reply to Publius Servilius, who has declared his opinion that this honour of a statue ought to be granted to no one who has not been actually slain with a sword while performing the duties of his embassy. But I, O conscript fathers, consider that this was the feeling of our ancestors, that they considered that it was the cause of death, and not the manner of it, which was a proper subject for inquiry. In fact, they thought fit that a monument should be erected to any man whose death was caused by an embassy, in order to tempt men in perilous wars to be the more bold in undertaking the office of an ambassador. What we ought to do, therefore, is, not to scrutinise the precedents afforded by our ancestors, but to explain their intentions from which the precedents themselves arose.
II. Lar Tolumnius, the king of Veii, slew four ambassadors of the Roman people, at Fidenae, whose statues were standing in the rostra till within my recollection. The honour was well deserved. For our ancestors gave those men who had encountered death in the cause of the republic an imperishable memory in exchange for this transitory life. We see in the rostra the statue of Cnaeus Octavius, an illustrious and great man, the first man who brought the consulship into that family, which afterwards abounded in illustrious men. There was no one then who envied him, because he was a new man; there was no one who did not honour his virtue. But yet the embassy of Octavius was one in which there was no suspicion of danger. For having been sent by the senate to investigate the dispositions of kings and of free nations, and especially to forbid the grandson of king Antiochus, the one who had carried on war against our forefathers, to maintain fleets and to keep elephants, he was slain at Laodicea, in the gymnasium, by a man of the name of Leptines. On this a statue was given to him by our ancestors as a recompense for his life, which might ennoble his progeny for many years, and which is now the only memorial left of so illustrious a family. But in his case, and in that of Tullus Cluvius,[43] and Lucius Roseius, and Spurius Antius, and Caius Fulcinius, who were slain by the king of Veii, it was not the blood that was shed at their death, but the death itself which was encountered in the service of the republic, which was the cause of their being thus honoured.
III. Therefore, O conscript fathers, if it had been chance which had caused the death of Servius Sulpicius, I should sorrow indeed over such a loss to the republic, but I should consider him deserving of the honour, not of a monument, but of a public mourning. But, as it is, who is there who doubts that it was the embassy itself which caused his death? For he took death away with him; though, if he had remained among us, his own care, and the attention of his most excellent son and his most faithful wife, might have warded it off. But he, as he saw that, if he did not obey your authority, he should not be acting like himself; but that if he did obey, then that duty, undertaken, for the welfare of the republic, would be the end of his life; preferred dying at a most critical period of the republic, to appearing to have done less service to the republic than he might have done.
He had an opportunity of recruiting his strength and taking care of himself in many cities through which his journey lay. He was met by the liberal invitation of many entertainers as his dignity deserved, and the men too who were sent with him exhorted him to take rest, and to think of his own health. But he, refusing all delay, hastening on eager to perform your commands, persevered in this his constant purpose, in spite of the hindrances of his illness And as Antonius was above all things disturbed by his arrival, because the commands which were laid upon him by your orders had been drawn up by the authority and wisdom of Servius Sulpicius, he showed plainly how he hated the senate by the evident joy which he displaced at the death of the adviser of the senate.
Leptines then did not kill Octavius, nor did the king of Veii slay those whom I have just named, more clearly than Antonius killed Servius Sulpicius. Surely he brought the man death, who was the cause of his death. Wherefore, I think it of consequence, in order that posterity may recollect it, that there should be a record of what the judgment of the senate was concerning this war. For the statue itself will be a witness that the war was so serious an one, that the death of an ambassador in it gained the honour of an imperishable memorial.
IV. But if, O conscript fathers, you would only recollect the excuses alleged by Servius Sulpicius why he should not be appointed to this embassy, then no doubt will be left on your minds that we ought to repair by the honour paid to the dead the injury which we did to him while living. For it is you, O conscript fathers (it is a grave charge to make, but it must be uttered,) it is you, I say, who have deprived Servius Sulpicius of life. For when you saw him pleading his illness as an excuse more by the truth of the fact than by any laboured plea of words, you were not indeed cruel, (for what can be more impossible for this order to be guilty of than that,) but as you hoped that there was nothing that could not be accomplished by his authority and wisdom, you opposed his excuse with great earnestness, and compelled the man, who had always thought your decisions of the greatest weight, to abandon his own opinion. But when there was added the exhortation of Pansa, the consul, delivered with more weight than the ears of Servius Sulpicius had learnt to resist, then at last he led me and his own son aside, and said that he was bound to prefer your authority to his own life. And we, admiring his virtue, did not dare to oppose his determination. His son was moved with extraordinary piety and affection, and my own grief did not fall far short of his agitation, but each of us was compelled to yield to his greatness of mind, and to the dignity of his language, when he, indeed, amid the loud praises and congratulations of you all, promised to do whatever you wished, and not to avoid the danger which might be inclined by the adoption of the opinion of which he himself had been the author. And we the next day escorted him early in the morning as he hastened forth to execute your commands. And he, in truth, when departing, spoke with me in such a manner that his language seemed like an omen of his fate.
V. Restore then, O conscript fathers, life to him from whom you have taken it. For the life of the dead consists in the recollection cherished of them by the living. Take ye care that he, whom you without intending it sent to his death, shall from you receive immortality. And if you by your decree erect a statue to him in the rostia, no forgetfulness of posterity will ever obscure the memory of his embassy. For the remainder of the life of Servius Sulpicius will be recommended to the eternal recollection of all men by many and splendid memorials. The praise of all mortals will for ever celebrate his wisdom, his firmness, his loyalty, his admirable vigilance and prudence in upholding the interests of the public. Nor will that admirable, and incredible, and almost godlike skill of his in interpreting the laws and explaining the principles of equity be buried in silence. If all the men of all ages, who have ever had any acquaintance with the law in this city, were got together into one place, they would not deserve to be compared to Servius Sulpicius. Nor was he more skilful in explaining the law than in laying down the principles of justice. Those maxims which were derived from laws and from the common law, he constantly referred to the original principles of kindness and equity. Nor was he more fond of arranging the conduct of law-suits than of preventing disputes altogether. Therefore he is not in want of this memorial which a statue will provide; he has other and better ones. For this statue will be only a witness of his honourable death; those actions will be the memorial of his glorious life. So that this will be rather a monument of the gratitude of the senate, than of the glory of the man.