In history writing the standard was not so high. The rhetorical education made men good professional orators, but indifferent and dilettante historians, and the example of more accurate historical investigation and reflection set by Polybius was not followed, except perhaps by Caelius Antipater in the Gracchan age.[166] History was affected for the worse by the rhetorical art, as indeed poetry was destined also to be; Sallust, though we owe much to him, was in fact an amateur, who thought more of style and expression than of truth and fact. Caesar, who did not profess to be a historian, but only to provide the materials for history,[167] stands alone in making facts more important than words, and rarely troubles his reader with speeches or other rhetorical superfluities.[168] Biographies and autobiographies were fashionable; of the former only those of Cornelius Nepos, one of Cicero's many friends, have come down to us, and none of the latter, but we know a long list of eminent men who wrote their own memoirs, including Catulus the elder, Rutilius the famous victim of equestrian judges, Sulla, and Lucullus. But far above all other prose writers of the age stand two men, neither of them Roman by birth, but yet members of the senatorial order; the one a man of encyclopaedic learning, with what we may almost call a scientific interest in the subjects which he treated in awkward and homely Latin, the other a man of comparatively little learning, but gifted with so exquisite a sense of the beautiful in expression, and at the same time with a humanity so real and in that day so rare, that it is not without good cause that he has recently been called the most highly cultured man of all antiquity.[169] Of Varro's numerous works we have unluckily but few survivals; of Cicero's we have still such a mass as will for ever provide ample material for studying the life, the manners, the thought of his day.

A large part of this mass consists of the correspondence of which we are making such frequent use in these chapters. Letter-writing is perhaps the most pleasing and genuine of all the literary activities of the time; men took pains to write well, yet not with any definite prospect of publication, such as was the motive a century later in the days of Seneca and Pliny. The nine hundred and odd letters of the Ciceronian collection are most of them neither mere communications nor yet rhetorical exercises, but real letters, the intercourse of intimate friends at a distance, in which their inmost thoughts can often be seen. Cicero is indeed apt to become rhetorical even in his letters, when writing under excitement about politics; but the most delightful letters in the collection are those in which he writes to his friends in happy and natural language of his daily life and occupations, his books, his villas, his children, his joys and sorrows. It is strange that the great historian of Rome in our time entirely failed to see the charm and the value of these letters, as of all Cicero's writings; his countrymen have now agreed to differ from him, and to restore a great writer to his true position.

In philosophical receptivity too the brightest and finest minds among this aristocracy show an ability which is almost astonishing, when we consider that there had been no education in Rome worth the name until the second century B.C.[170] I use the word receptivity, because the Romans of our period never really learnt to think for themselves; they never grappled with a problem, or struck out a new line of thought. But so far as we can judge by Cicero's philosophical works, the only ones of his age which have come down to us, the power to read with understanding and to reproduce with skill was unquestionably of a high order. The opportunities for study were not wanting; private libraries were numerous, and all Cicero's friends who had collected books were glad to let him have the use of them.[171] Greek philosophers were often domesticated in wealthy families, and could discourse with the statesman when he had leisure from public business. Much of this was no more than fashion, and real endeavour and earnestness were rare; but the fact remains that one philosophical system, more especially on its ethical side, took real possession of the best type of Roman mind, and had permanent and saving influence on it.

Stoicism was brought to Rome by Panaetius of Rhodes, the intimate friend of Scipio, a mild and tactful Greek whose Rhodian birth gave him perhaps some advantage in associating with the old allies of his state. He came to Rome at a critical moment, when even the best men were drifting into pure material self-seeking; and the results of his teaching were during two centuries so wholesome and inspiring that we may almost think of him as a missionary. The ground had been prepared for him in some sense by Polybius, who introduced him to Scipio and his circle, and who was then engaged in writing his history. From Polybius the Romans, the best of them at least, first learnt to realise their own empire and the great change it had wrought in the world; to think about what they had done and the qualities that enabled them to do it. From Panaetius they were to learn a philosophical creed which might direct and save them in the future, which might serve as ballast in public and private life, just when the ship was beginning to drift in moral helplessness. He was the founder of a school of practical wisdom, singularly well adapted to the Roman character and intellect, which were always practical rather than speculative; and far better suited to ordinary human life than the old rigid and austere Stoic ethics, of which the younger Cato was the only eminent Roman disciple. From what we know of Panaetius' ethical teaching,—and in the first two books of Cicero's work, de Officiis, we have a fairly complete view of it,—we do not find the old doctrine that absolute wisdom and justice are the only ends to pursue, and everything else indifferent; a doctrine which put the old-fashioned Stoic out of court in public life. The relative element, the useful, played a great part in the teaching of Panaetius. Though his system is based on the highest principles to which moral teaching could then appeal, it did not exclude the give and take, the compromise without which no practical man of affairs can make way, nor yet the wealth and bodily comforts that secure leisure for thought.[172]

Panaetius' mission was carried on by another Rhodian philosopher, the famous Posidonius, who lived long enough to know Cicero himself and many of his contemporaries; a man less inspiring perhaps than Panaetius, but of greater knowledge and attainment; a traveller, geographer, and a man of the world, whose writings on many subjects, though lost to us, really lie at the back of a great part of the Roman literary output of his time.[173] He was the disciple of Panaetius; envoy from Rhodes to Rome in the terrible year 86; and later on the inmate of Roman families, and the admired friend of Cicero Pompeius, and Varro. Philosophy was only one of the many pursuits of this extraordinary man, whose literary and historical influence can be traced in almost every leading Roman author for a century at least; but his philosophical importance was during his lifetime perhaps predominant. The generation that knew him was rich in Stoics; for example, Aelius Stilo, the master of Varro, "doctissimus eorum temporum," as Gellius calls him;[2] Rutilius, who was mentioned just now as having written memoirs; and among others probably the great lawyer Mucius Scaevola. Cato, as we have seen, was not a follower of the Roman school of Stoicism, but of the older and uncompromising doctrine; but Cicero, though never a professed Stoic, was really deeply influenced, and towards the end of his life almost fascinated, by a creed which suited his humanity while it stimulated his instinct for righteousness.[174] And, like Cicero, many other men of serious character felt the power of Stoicism almost unconsciously, without openly professing it.

Stoicism then was in several ways congenial to the Roman spirit, but in one direction it had an inspiring influence which has been of lasting moment to the world. Up to the time of Panaetius and the Scipionic circle the Roman idea and study of law had been of a crabbed practical character, wanting in breadth of treatment, destitute of any philosophical conception of the moral principles which lie behind all law and government. The Stoic doctrine of universal law ruling the world—a divine law, emanating from the universal Reason—seems to have called up life in these dry bones. It might be held by a Roman Stoic that human law comes into existence when man becomes aware of the divine law, and recognises its claim upon him. Morality is thus identical with law in the widest sense of the word, for both are equally called into being by the Right Reason, which is the universal primary force.[175] It is not possible here to show how this grand and elevating idea of law may have affected Roman jurisprudence, but we will just notice that the first quasi-philosophical treatment of law is found following the age of Panaetius and the Scipionic circle; that the phrase ius gentium then begins to take the meaning of general principles or rules common to all peoples, and founded on "natural reason";[176] and that this led by degrees to the later idea of the Law of Nature, and to the cosmopolitanism of the Roman legal system, which came to embrace all peoples and degrees in its rational and beneficent influence. If the Greek had a genius for beauty, and the Jew for righteousness, the Roman had a genius for law; and the power of Stoicism in ennobling and enriching his native conception of it is probably not to be easily over-estimated.

Thus behind the stormy scenes of public life in this period there is a process going on which will be of value not only to the Roman Empire but to modern civilisation. It was carried on more especially by two men of the highest character, Q. Mucius Scaevola, Cicero's adviser in his early days, and often his model in later life; and Servius Sulpicius Rufus, his exact contemporary and lifelong friend. Neither Scaevola nor Sulpicius were, so far as we know, professed disciples of Stoicism; but that they applied perhaps half unconsciously the principles of Stoicism to their own legal studies is almost certain. The combination of legal training and Stoic influence (whether direct or unconscious) seems to have been capable of bringing the Roman aristocratic character to a high pitch of perfection; and it will be pleasant to take this friend of Cicero, whose public career we can clearly trace, and one or two of whose letters we still possess, as our example of a really well spent life in an age when time and talent were constantly abused and wasted.

Sulpicius and Cicero were born in the same year, 106; they went hand in hand in early life, and remained friends till their deaths in 43, Sulpicius dying a few months before Cicero. They were both attached in early youth to the Scaevola just mentioned, the first of the great series of scientific Roman lawyers. But the consulship of Cicero made a wide divergence in their lives. In that year Sulpicius was a candidate for the consulship and failed; and then, resigning further attempts to obtain the highest honour, he retired for the next twelve years into private life, devoting himself to the work which has made his name immortal. His writings are lost; nothing remains of them but a few chance fragments and allusions; but he was reckoned the second of the great writers on legal subjects, and it is probable that he contributed as much as any of them to the work of making Roman law what it has been as a power in the world, a factor in modern civilisation. For he treated it, as his friend said of him,[177] with the hand and mind of an artist, laying out his whole subject and distributing it into its constituent parts, by definition and interpretation making clear what seemed obscure, and distinguishing the false from the true in legal principle. In the splendid panegyric pronounced on him in the senate after his death,[178] Cicero again emphatically declared him to be unrivalled in jurisprudence. In beautiful but untranslatable language he claims that he was "non magis iuris consultus, quam iustitiae,"—an encomium which all great lawyers might well envy; he aimed rather at enabling men to be rid of litigation than at encouraging them to engage in it.

From such passages we might conjecture, even if we knew nothing more about him, that Sulpicius was a man of very fine clay, of real humanitas in the widest sense of that expressive word; and this is entirely borne out in other ways.[179] Emerging at last from retirement, he stood again for the consulship in 52 B.C., and was elected. The year of his office, 51, was the first in which the enemies of Caesar, with Cato at their head, began to attack his position and clamour for his recall from his command; this violent hostility Sulpicius tried, not without temporary success, to restrain, and the fact that a man of so just a mind should have taken this line is one of the best arguments for the reasonableness of Caesar's cause.[180] When war broke out he was greatly perplexed how to act; his breadth of view made decision difficult, and he seems to have been at all times more a student than a man of action. With some heart-burnings he joined Caesar in the struggle, and accepted from him the government of Achaia; it was at this time that he wrote the famous letter of consolation to Cicero on the death of his beloved daughter Tullia, which is full of true feeling and kindliness, though evidently composed with effort, if not with difficulty. After Caesar's death he of course acted with Cicero against Antony, and in the spring of 43, making always for peace and good-will, he gave his life for his country in a way that claims our admiration more really than the suicide of Cato the professional Stoic; he headed an embassy to Antony, though dangerously ill at the time, and died in this last effort to obtain a hearing for the voice of justice. He has a monumentum aere perennius in the speech of his old friend urging the senate to vote him a public funeral and a statue, as one who had laid down his life for his country.

We must now turn to consider how the mischievous side of the new Greek culture, in combination with other tendencies of the time, found its way into weak points in the armour of the Roman aristocracy.