Part 14

The renown, however, of all preceding orators, was now about to be eclipsed at Rome; and Hortensius burst forth in eloquence at once calculated to delight and astonish his fellow-citizens. This celebrated orator was born in the year 640, being thus ten years younger than Cotta and Sulpicius. His first appearance in the Forum was at the early age of nineteen—that is, in 659; and his excellence, says Cicero, was immediately acknowledged, like that of a statue by Phidias, which only requires to be seen in order to be admired(254). The case in which he first appeared was of considerable responsibility for one so young and inexperienced, being an accusation, at the instance of the Roman province of Africa, against its governors for rapacity. It was heard before Scævola and Crassus, as judges—the one the ablest lawyer, the other the most accomplished speaker, of his age; and the young orator had the good fortune to obtain their approbation, as well as that of all who were present at the trial(255). His next pleading of importance was in behalf of Nicomedes, King of Bithynia, in which he even surpassed his former speech for the Africans(256). After this we hear little of him for several years. The imminent perils of the Social War, which broke out in 663, interrupted, in a great measure, the business of the Forum. Hortensius served in this alarming contest for one year as a volunteer, and in the following season as a military tribune(257). When, on the re-establishment of peace in Italy in 666, he returned to Rome, and resumed the more peaceful avocations to which he had been destined from his youth, he found himself without a rival(258). Crassus, as we have seen, died in 662, before the troubles of Marius and Sylla. Antony, with other orators of inferior note, perished in 666, during the temporary and last ascendancy of Marius, in the absence of Sylla. Sulpicius was put to death in the same year, and Cotta driven into banishment, from which he was not recalled until the return of Sylla to Rome, and his election to the dictatorship in 670. Hortensius was thus left for some years without a competitor; and, after 670, with none of eminence but Cotta, whom also he soon outshone. His splendid, warm, and animated manner, was preferred to the calm and easy elegance of his rival. Accordingly, when engaged in a cause on the same side, Cotta, though ten years senior, was employed to open the case, while the more important parts were left to the management of Hortensius(259). He continued the undisputed sovereign of the Forum, till Cicero returned from his quæstorship in Sicily, in 679, when the talents of that orator first displayed themselves in full perfection and maturity. Hortensius was thus, from 666 till 679, a space of thirteen years, at the head of the Roman bar; and being, in consequence, engaged during that long period, on one side or other, in every cause of importance, he soon amassed a prodigious fortune. He lived, too, with a magnificence corresponding to his wealth. An example of splendour and luxury had been set to him by the orator Crassus, who inhabited a sumptuous palace in Rome, the hall of which was adorned with four pillars of Hymettian marble, twelve feet high, which he brought to Rome in his ædileship, at a time when there were no pillars of foreign marble even in public buildings(260). The court of this mansion was ornamented by six lotus trees, which Pliny saw in full luxuriance in his youth, but which were afterwards burned in the conflagration in the time of Nero. He had also a number of vases, and two drinking-cups, engraved by the artist Mentor, but which were of such immense value that he was ashamed to use them(261). Hortensius had the same tastes as Crassus, but surpassed him and all his contemporaries in magnificence. His mansion stood on the Palatine Hill, which appears to have been the most fashionable situation in Rome, being at that time covered with the houses of Lutatius Catulus, Æmilius Scaurus, Clodius, Catiline, Cicero, and Cæsar(262). The residence of Hortensius was adjacent to that of Catiline; and though of no great extent, it was splendidly furnished. After the death of the orator, it was inhabited by Octavius Cæsar(263), and formed the centre of the chief imperial palace, which increased from the time of Augustus to that of Nero, till it covered a great part of the Palatine Mount, and branched over other hills. Besides his mansion in the capital, he possessed sumptuous villas at Tusculum, Bauli, and Laurentum, where he was accustomed to give the most elegant and expensive entertainments. He had frequently peacocks at his banquets, which he first served up at a grand augural feast, and which, says Varro, were more commended by the luxurious, than by men of probity and austerity(264). His olive plantations he is said to have regularly moistened and bedewed with wine; and, on one occasion, during the hearing of an important case, in which he was engaged along with Cicero, begged that he would change with him the previously arranged order of pleading, as he was obliged to go to the country to pour wine on a favourite _platanus_, which grew near his Tusculan villa(265). Notwithstanding this profusion, his heir found not less than 10,000 casks of wine in his cellar after his death(266). Besides his taste for wine, and fondness for plantations, he indulged a passion for pictures and fish-ponds. At his Tusculan villa, he built a hall for the reception of a painting of the expedition of the Argonauts, by the painter Cydias, which cost the enormous sum of a hundred and forty-four thousand sesterces(267). At his country-seat, near Bauli, on the sea shore, he vied with Lucullus and Philippus in the extent of his fish-ponds, which were constructed at immense cost, and so formed that the tide flowed into them(268). Under the promontory of Bauli, travellers are yet shown the _Piscina Mirabilis_, a subterraneous edifice, vaulted and divided by four rows of arcades, and which is supposed by some antiquarians to have been a fish-pond of Hortensius. Yet such was his luxury, and his reluctance to diminish his supply, that when he gave entertainments at Bauli, he generally sent to the neighbouring town of Puteoli to buy fish for supper(269). He had a vast number of fishermen in his service, and paid so much attention to the feeding of his fish, that he had always ready a large stock of small fish to be devoured by the great ones. It was with the utmost difficulty he could be prevailed on to part with any of them; and Varro declares, that a friend could more easily get his chariot mules out of his stable, than a mullet from his ponds. He was more anxious about the welfare of his fish than the health of his slaves, and less solicitous that a sick servant might not take what was unfit for him, than that his fish might not drink water which was unwholesome(270). It is even said, that he was so passionately fond of a particular lamprey, that he shed tears for her untimely death(271).

The gallery at the villa, which was situated on the little promontory of Bauli, and looking towards Puteoli, commanded one of the most delightful views in Italy. The inland prospect towards Cumæ was extensive and magnificent. Puteoli was seen along the shore at the distance of 30 _stadia_, in the direction of Pompeii; and Pompeii itself was invisible only from its distance. The sea view was unbounded; but it was enlivened by the numerous vessels sailing across the bay, and the ever changeful hue of its waters, now saffron, azure, or purple, according as the breeze blew, or as the sun ascended or declined(272).

Hortensius possessed another villa in Italy, which rivalled in its sylvan pomp the marine luxuries of Bauli. This mansion lay between Ostia and Lavinium, (now Pratica,) near to the town of Laurentum, so well remembered from ancient fable and poetry, as having been the residence of King Latinus, at the time of the arrival of Æneas in Italy, and at present known by the name of Torre di Paterno. The town of Laurentum was on the shore, but the villa of Hortensius stood to the north-east at some distance from the coast,—the grounds subsequently occupied by the villa of the younger Pliny intervening between it and Laurentum, and also between it and the Tuscan sea. Around were the walks and gardens of patrician villas; on one side was seen the town of Laurentum, with its public baths; on the other, but at a greater distance, the harbour of Ostia. Near the house were groves, and fields covered with herds—beyond were hills clothed with woods. The horizon to the north-east was bounded by magnificent mountains, and beyond the low maritime grounds, which lay between the port of Ostia and Laurentum, there was a distant prospect of the Tuscan sea(273).

Hortensius had here a wooded park of fifty acres, encompassed with a wall. This enclosure he called a nursery of wild beasts, all which came for their provender at a certain hour, on the blowing of a horn—an exhibition with which he was accustomed to amuse the guests who visited him at his Laurentian villa. Varro mentions an entertainment, where those invited supped on an eminence, called a _Triclinium_, in this sylvan park. During the repast, Hortensius summoned his Orpheus, who, having come with his musical instruments, and being ordered to display his talents, blew a trumpet, when such a multitude of deer, boars, and other quadrupeds, rushed to the spot from all quarters, that the sight appeared to the delighted spectators as beautiful as the courses with wild animals in the great Circus of the Ædiles(274)!

The eloquence of Hortensius procured him not only all this wealth and luxury, but the highest official honours of the state. He was Ædile in 679, Prætor in 682, and Consul two years afterwards. The wealth and dignities he had obtained, and the want of competition, made him gradually relax from that assiduity by which they had been acquired, till the increasing fame of Cicero, and particularly the glory of his consulship, stimulated him to renew his exertions. But his habit of labour had been in some degree lost, and he never again recovered his former reputation. Cicero partly accounts for this decline, from the peculiar nature and genius of his eloquence(275). It was of that showy species called Asiatic, which flourished in the Greek colonies of Asia Minor, and was infinitely more florid and ornamental than the oratory of Athens, or even Rhodes, being full of brilliant thoughts and of sparkling expressions. This glowing style of rhetoric, though deficient in solidity and weight, was not unsuitable in a young man; and being farther recommended by a beautiful cadence of periods, met with the utmost applause. But Hortensius, as he advanced in life, did not prune his exuberance, or adopt a chaster eloquence; and this luxury, and glitter of phraseology, which, even in his earliest years, had occasionally excited ridicule or disgust among the graver fathers of the senatorial order, being totally inconsistent with his advanced age and consular dignity, which required something more serious and composed, his reputation diminished with increase of years; and though the bloom of his eloquence might be in fact the same, it appeared to be somewhat withered(276). Besides, from his declining health and strength, which greatly failed in his latter years, he may not have been able to give full effect to that showy species of rhetoric in which he indulged. A constant toothache, and swelling in the jaws, greatly impaired his power of elocution and utterance, and became at length so severe as to accelerate his end—

“Ægrescunt teneræ fauces, quum frigoris atri Vis subiit, vel quum ventis agitabilis aër Vertitur, atque ipsas flatus gravis inficit auras, Vel rabidus clamor fracto quum forte sonore Planum radit iter. Sic est Hortensius olim Absumptus: caussis etenim confectus agendis Obticuit, quum vox, domino vivente, periret, Et nondum exstincti moreretur lingua diserti(277).”

A few months, however, before his death, which happened in 703, he pleaded for his nephew, Messala, who was accused of illegal canvassing, and who was acquitted, more in consequence of the astonishing exertions of his advocate, than the justice of his cause. So unfavourable, indeed, was his case esteemed, that however much the speech of Hortensius had been admired, he was received on entering the theatre of Curio on the following day, with loud clamour and hisses, which were the more remarked, as he had never met with similar treatment in the whole course of his forensic career(278). The speech, however, revived all the ancient admiration of the public for his oratorical talents, and convinced them, that had he always possessed the same perseverance as Cicero, he would not have ranked second to that orator. Another of his most celebrated harangues was that against the Manilian law, which vested Pompey with such extraordinary powers, and was so warmly supported by Cicero. That against the sumptuary law proposed by Crassus and Pompey, in the year 683, which tended to restrain the indulgence of his own taste, was well adapted to Hortensius’ style of eloquence; and his speech was highly characteristic of his disposition and habits of life. He declaimed, at great length, on the glory of Rome, which required splendour in the mode of living followed by its citizens(279). He frequently glanced at the luxury of the Consuls themselves, and forced them at length, by his eloquence and sarcastic declamation, to relinquish their scheme of domestic retrenchment.

The speeches of Hortensius, it has been already mentioned, lost part of their effect by the orator’s advance in years, but they suffered still more by being transferred to paper. As his chief excellence consisted in action and delivery, his writings were much inferior to what was expected from the high fame he had enjoyed; and, accordingly, after death, he retained little of that esteem, which he had so abundantly possessed during his life(280). Although, therefore, his orations had been preserved, they would have given us but an imperfect idea of the eloquence of Hortensius; but even this aid has been denied us, and we must, therefore, now chiefly trust for his oratorical character to the opinion of his great but unprejudiced rival. The friendship and honourable competition of Hortensius and Cicero, present an agreeable contrast to the animosities of Æschines and Demosthenes, the two great orators of Greece. It was by means of Hortensius that Cicero was chosen one of the college of Augurs—a service of which his gratified vanity ever appears to have retained an agreeable recollection. In a few of his letters, indeed, written during the despondency of his exile, he hints a suspicion that Hortensius had been instrumental in his banishment, with a view of engrossing to himself the whole glory of the bar(281); but this mistrust ended with his recall, which Hortensius, though originally he had advised him to yield to the storm, urged on with all the influence of which he was possessed. Hortensius also appears to have been free from every feeling of jealousy or envy, which in him was still more creditable, as his rival was younger than himself, and yet ultimately forced him from the supremacy. Such having been their sentiments of mutual esteem, Cicero has done his oratoric talents ample justice—representing him as endued with almost all the qualities necessary to form a distinguished speaker. His imagination was fertile—his voice was sweet and harmonious—his demeanour dignified—his language rich and elegant—his acquaintance with literature extensive. So prodigious was his memory, that, without the aid of writing, he recollected every word he had meditated, and every sentence of his adversary’s oration, even to the titles and documents brought forward to support the case against him—a faculty which greatly aided his peculiarly happy art of recapitulating the substance of what had been said by his antagonists or by himself(282). He also originally possessed an indefatigable application; and scarcely a day passed in which he did not speak in the Forum, or exercise himself in forensic studies or preparation. But, of all the various arts of oratory, he most remarkably excelled in a happy and perspicuous arrangement of his subject. Cicero only reproaches him, and that but slightly, with showing more study and art in his gestures than was suitable for an orator. It appears, however, from Macrobius, that he was much ridiculed by his contemporaries, on account of his affected gestures. In pleading, his hands were constantly in motion, whence he was often attacked by his adversaries in the Forum for resembling an actor; and, on one occasion, he received from his opponent the appellation of _Dionysia_, which was the name of a celebrated dancing girl(283). Æsop and Roscius frequently attended his pleadings, to catch his gestures, and imitate them on the stage(284). Such, indeed, was his exertion in action, that it was commonly said that it could not be determined whether people went to hear or to see him(285). Like Demosthenes, he chose and put on his dress with the most studied care and neatness. He is said, not only to have prepared his attitudes, but also to have adjusted the plaits of his gown before a mirror, when about to issue forth to the Forum; and to have taken no less care in arranging them, than in moulding the periods of his discourse. He so tucked up his gown, that the folds did not fall by chance, but were formed with great care, by means of a knot artfully tied, and concealed in the plies of his robe, which apparently flowed carelessly around him(286). Macrobius also records a story of his instituting an action of damages against a person who had jostled him, while walking in this elaborate dress, and had ruffled his toga, when he was about to appear in public with his drapery adjusted according to the happiest arrangement(287)—an anecdote, which, whether true or false, shows, by its currency, the opinion entertained of his finical attention to everything that concerned the elegance of his attire, or the gracefulness of his figure and attitudes. He also bathed himself in odoriferous waters, and daily perfumed himself with the most precious essences(288). This too minute attention to his person, and to gesticulation, appears to have been the sole blemish in his oratorical character; and the only stain on his moral conduct, was his practice of corrupting the judges of the causes in which he was employed—a practice which must be, in a great measure, imputed to the defects of the judicial system at Rome; for, whatever might be the excellence of the Roman laws, nothing could be worse than the procedure under which they were administered(289).

Hortensius has received more justice from Cicero than another orator, Licinius Calvus, who, for a few years, was also considered as his rival in eloquence. Calvus has already been mentioned as an elegant poet; but Seneca calls his competition with Cicero in oratory, _iniquissimam litem_. His style of speaking was directly the reverse of that of Hortensius: he affected the Attic taste in eloquence, such as it appeared in what he conceived to be its purest form—the orations of Lysias. Hence that correct and slender delicacy at which he so studiously aimed, and which he conducted with great skill and elegance; but, from being too much afraid of the faults of redundance and unsuitable ornament, he refined and attenuated his discourse till it lost its raciness and spirit. He compensated, however, for his sterility of language, and diminutive figure, by his force of elocution, and vivacity of action. “I have met with persons,” says Quintilian, “who preferred Calvus to all our orators; and others who were of opinion, that the too great rigour which he exercised on himself, in point of precision, had debilitated his oratorical talents. Nevertheless, his speeches, though chaste, grave, and correct, are frequently also vehement. His taste of writing was Attic; and his untimely death was an injury to his reputation, if he designed to add to his compositions, and not to retrench them.” His most celebrated oration, which was against the unpopular Vatinius, was delivered at the age of twenty. The person whom he accused, overpowered and alarmed, interrupted him, by exclaiming to the judges, “Must I be condemned because he is eloquent?” The applause he obtained in this case may be judged of from what is mentioned by Catullus, of some one in the crowd clapping his hands in the middle of his speech, and exclaiming, “O what an eloquent little darling(290)!” Calvus survived only ten years after this period, having died at the early age of thirty. He left behind him twenty-one books of orations, which are said to have been much studied by the younger Pliny, and were the models he first imitated(291).

Calvus, though a much younger man than Cicero, died many years before him, and previous to the composition of the dialogue _Brutus_. Most of the other contemporaries, whom Cicero records in that treatise on celebrated orators, were dead also. Among an infinite variety of others, he particularly mentions Marcus Crassus, the wealthy triumvir, who perished in the ill-fated expedition against the Parthians; and who, though possessed but of moderate learning and capacity, was accounted, in consequence of his industry and popular arts, among the chief forensic patrons. His language was pure, and his subject well arranged; but in his harangues there were none of the lights and flowers of eloquence,—all things were expressed in the same manner, and the same tone.

Towards the conclusion of the dialogue, Cicero mentions so many of his predeceased contemporaries, that Atticus remarks, that he is drawing up the dregs of oratory. Calidius, indeed, seems the only other speaker who merits distinguished notice. He is characterized as different from all other orators,—such was the soft and polished language in which he arrayed his exquisitely delicate sentiments. Nothing could be more easy, pliable, and ductile, than the turn of his periods; his words flowed like a pure and limpid stream, without anything hard or muddy to impede or pollute their course; his action was genteel, his mode of address sober and calm, his arrangement the perfection of art. “The three great objects of an orator,” says Cicero, while discussing the merits of Calidius, “are to instruct, delight, and move. Two of these he admirably accomplished. He rendered the most abstruse subject clear by illustration, and enchained the minds of his hearers with delight. But the third praise of moving and exciting the soul must be denied him; he had no force, pathos, or animation(292).” Such, indeed, was his want of emotion, where it was most appropriate, and most to be expected, that, while pleading his own cause against Q. Gallius for an attempt to poison him, though he stated his case with elegance and perspicuity, yet it was so smoothly and listlessly detailed, that Cicero, who spoke for the person accused, argued, that the charge must be false and an invention of his own, as no one could talk so calmly, and with such indifference, of a recent attempt which threatened his own existence(293).

These were the most renowned orators who preceded the age of Cicero, or were contemporaries with him; and before proceeding to consider the oratorical merits of him by whom they have been all eclipsed, at least in the eye of posterity, it may be proper, for a single moment, to remind the reader of the state of the Roman law,—of the judicial procedure, and of the ordinary practice of the Forum, at the time when he commenced and pursued his brilliant career of eloquence.