Part 18

In the renowned cause against Verres, there can be no doubt that the orator displayed the whole resources of his vast talents. Every circumstance concurred to stimulate his exertions and excite his eloquence. It was the first time he had appeared as an accuser in a public trial—his clients were the injured people of a mighty province, rivalling in importance the imperial state—the inhabitants of Sicily surrounded the Forum, and an audience was expected from every quarter of Italy, of all that was exalted, intelligent, and refined. But, chiefly, he had a subject, which, from the glaring guilt of the accused, and the nature of his crimes, was so copious, interesting, and various, so abundant in those topics which an orator would select to afford full scope for the exercise of his powers, that it was hardly possible to labour tamely or listlessly in so rich a mine of eloquence. Such a wonderful assemblage of circumstances never yet prepared the course for the triumphs of oratory; so great an opportunity for the exhibition of forensic art will, in all probability, never again occur. Suffice it to say, that the orator surpassed by his workmanship the singular beauty of his materials; and instead of being overpowered by their magnitude, derived from the vast resources which they supplied the merit of an additional excellence, in the skill and discernment of his choice.

The infinite variety of entertaining anecdotes with which the series of pleadings against Verres abounds—the works of art which are commemorated—the interesting topographical descriptions—the insight afforded into the laws and manners of the ancient Sicilians—the astonishing profusion of ironical sallies, all conspire to dazzle the imagination and rivet the attention of the reader; yet there is something in the idea that they were not actually delivered, which detracts from the effect of circumstances which would otherwise heighten our feelings. It appears to us even preposterous to read, in the commencement of the second oration, of a report having been spread that Verres was to abandon his defence, but that there he sat braving his accusers and judges with his characteristic impudence. The exclamations on his effrontery, and the adjurations of the judges, lose their force, when we cannot help recollecting that before one word of all this could be pronounced, the person against whom they were directed as present had sneaked off into voluntary exile. Whatever effect this recollection may have had on the ancients, who regarded oratory as an art, and an oration as an elaborate composition, nothing can be more grating or offensive to the taste and feelings of a modern reader, whose idea of eloquence is that of something natural, heart-felt, inartificial, and extemporaneous.

The Sicilians, though they could scarcely have been satisfied with the issue of the trial, appear to have been sufficiently sensible of Cicero’s great exertions in their behalf. Blainville, in his Travels, mentions, that while at Grotta Ferrata, a convent built on the ruins of Cicero’s Tusculan Villa, he had been shown a silver medal, unquestionably antique, struck by the Sicilians in gratitude for his impeachment of Verres. One side exhibits a head of Cicero, crowned with laurel, with the legend _M. T. Ciceroni_—on the reverse, there is the representation of three legs extended in a triangular position, in the form of the three great capes or promontories of Sicily, with the motto,—“_Prostrato Verre Trinacria_.”

_Pro Fonteio_. It is much to be regretted, that the oration for Fonteius, the next which Cicero delivered, has descended to us incomplete. It was the defence of an unpopular governor, accused of oppression by the province intrusted to his administration; and, as such, would have formed an interesting contrast to the accusation of Verres.

_Pro Cæcina_. This was a mere question of civil right, turning on the effect of a Prætorian edict.

_Pro Lege Manilia_. Hitherto Cicero had only addressed the judges in the Forum in civil suits or criminal prosecutions. The oration for the Manilian law, which is accounted one of the most splendid of his productions, was the first in which he spoke to the whole people from the rostrum. It was pronounced in favour of a law proposed by Manilius, a tribune of the people, for constituting Pompey sole general, with extraordinary powers, in the war against Mithridates and Tigranes, in which Lucullus at that time commanded. The chiefs of the Senate regarded this law as a dangerous precedent in the republic; and all the authority of Catulus, and eloquence of Hortensius, were directed against it. It has been conjectured, that in supporting pretensions which endangered the public liberty, Cicero was guided merely by interest, since an opposition to Pompey might have prevented his own election to the consulship, which was now the great object of his ambition. His life, however, and writings, will warrant us in ascribing to him a different, though perhaps less obvious motive. With the love of virtue and the republic, which glowed so intensely in the breast of this illustrious Roman, that less noble passion, the immoderate desire of popular fame, was unfortunately mingled. “Fame,” says a modern historian, “was the prize at which he aimed; his weakness of bodily constitution sought it through the most strenuous labours—his natural timidity of mind pursued it through the greatest dangers. Pompey, who had fortunately attained it, he contemplated as the happiest of men, and was led, from this illusion of fancy, not only to speak of him, but really to think of him,” (till he became unfortunate,) “with a fondness of respect bordering on enthusiasm. The glare of glory that surrounded Pompey, concealed from Cicero his many and great imperfections, and seduced an honest citizen, and finest genius in Rome, a man of unparalleled industry, and that generally applied to the noblest purposes, into the prostitution of his abilities and virtues, for exalting an ambitious chief, and investing him with such exorbitant and unconstitutional powers, as virtually subverted the commonwealth(320).”

In defending this pernicious measure, Cicero divided his discourse into two parts—showing, first, that the importance and imminent dangers of the contest in which the state was engaged, required the unusual remedy proposed—and, secondly, that Pompey was the fittest person to be intrusted with the conduct of the war. This leads to a splendid panegyric on that renowned commander, in which, while he does justice to the merits of his predecessor, Lucullus, he enlarges on the military skill, valour, authority, and good fortune of this present idol of his luxuriant imagination, with all the force and beauty which language can afford. He fills the imagination with the immensity of the object, kindles in the breast an ardour of affection and gratitude, and, by an accumulation of circumstances and proofs, so aggrandizes his hero, that he exalts him to something more than mortal in the minds of his auditory; while, at the same time, every word inspires the most perfect veneration for his character, and the most unbounded confidence in his integrity and judgment. The whole world is exhibited as an inadequate theatre for the actions of such a superior genius; while all the nations, and potentates of the earth, are in a manner called as witnesses of his valour and his truth. By enlarging on these topics, by the most solemn protestations of his own sincerity, and by adducing examples from antiquity, of the state having been benefited or saved, by intrusting unlimited power to a single person, he allayed all fears of the dangers which it was apprehended might result to the constitution, from such extensive authority being vested in one individual—and thus struck the first blow towards the subversion of the republic!

_Pro Cluentio_. This is a pleading for Cluentius, who, at his mother’s instigation, was accused of having poisoned his stepfather, Oppianicus. Great part of the harangue appears to be but collaterally connected with the direct subject of the prosecution. Oppianicus, it seems, had been formerly accused by Cluentius, and found guilty of a similar attempt against his life; but after his condemnation, a report became current that Cluentius had prevailed in the cause by corrupting the judges, and, to remove the unfavourable impression thus created against his client, Cicero recurs to the circumstances of that case. In the second part of the oration, which refers to the accusation of poisoning Oppianicus, he finds it necessary to clear his client from two previous charges of attempts to poison. In treating of the proper subject of the criminal proceedings, which does not occupy above a sixth part of the whole oration, he shows that Cluentius could have had no access or opportunity to administer poison to his father, who was in exile; that there was nothing unusual or suspicious in the circumstances of his death; and that the charge originated in the machinations of Cluentius’ unnatural mother, against whom he inveighs with much force, as one hurried along blindfold by guilt—who acts with such folly that no one can account her a rational creature—with such violence that none can imagine her to be a woman—with such cruelty, that none can call her a mother. The whole oration discloses such a scene of enormous villainy—of murders, by poison and assassination—of incest, and subornation of witnesses, that the family history of Cluentius may be regarded as the counterpart in domestic society, of what the government of Verres was in public life. Though very long, and complicated too, in the subject, it is one of the most correct and forcible of all Cicero’s judicial orations; and, under the impression that it comes nearer to the strain of a modern pleading than any of the others, it has been selected by Dr Blair as the subject of a minute analysis and criticism(321).

_De Lege Agraria contra Rullum_. In his discourse _Pro Lege Manilia_, the first of the deliberative kind addressed to the assembly of the people, Cicero had the advantage of speaking for a favourite of the multitude, and against the chiefs of the Senate; but he was placed in a very different situation when he came to oppose the Agrarian law. This had been for 300 years the darling object of the Roman tribes—the daily attraction and rallying word of the populace—the signal of discord, and most powerful engine of the seditious tribunate. The first of the series of orations against the Agrarian law, now proposed by Rullus, was delivered by Cicero in the Senate-house, shortly after his election to the consulship: The second and third were addressed to the people from the rostrum. The scope of the present Agrarian law was, to appoint Decemvirs for the purpose of selling the public domains in the provinces, and to recover from the generals the spoils acquired in foreign wars, by which a fund might be formed for the purchase of lands in Italy, particularly Campania—to be equally divided among the people. Cicero, in his first oration, of which the commencement is now wanting, quieted the alarms of the Senate, by assuring them of his resolution to oppose the law with his utmost power. When the question came before the people, he did not fear to encounter the Tribunes on their own territory, and most popular subject; he did not hesitate to make the rabble judges in their own cause, though one in which their passions, interests, and prejudices, and those of their fathers, had been engaged for so many centuries. Conscious of his superiority, he invited the Tribunes to ascend the rostrum, and argue the point with him before the assembled multitude; but the field was left clear to his argument and eloquence, and by alternately flattering the people, and ridiculing the proposer of the law, he gave such a turn to their inclinations, that they rejected the proposition as eagerly as they had before received it.

But although the Tribunes were unable to cope with Cicero in the Forum, they subsequently contrived to instil suspicions into the minds of the populace, with regard to his motives in opposing the Agrarian law. These imputations made such an impression on the city, that he found it necessary to defend himself against them, in a short speech to the people. It has been disputed, whether this third oration was the last which Cicero pronounced on occasion of this Agrarian law. In the letters to Atticus, while speaking of his consular orations, he says, “that among those sent, was that pronounced in the Senate, and that addressed to the people, on the Agrarian law(322).” These are the first and second of the speeches, which we now have against Rullus; but he also mentions, that there were two _apospasmatia_, as he calls them, concerning the Agrarian law. Now, what is at present called the third, was probably the first of these two, and the last must have perished.

_Pro Rabirio_. About the year 654, Saturninus, a seditious Tribune, had been slain by a party attached to the interests of the Senate. Thirty-six years afterwards, Rabirius was accused of accession to this murder, by Labienus, subsequently well known as Cæsar’s lieutenant in Gaul. Hortensius had pleaded the cause before the Duumvirs, Caius and Lucius Cæsar, by whom Rabirius being condemned, appealed to the people, and was defended by Cicero in the Comitia. The Tribune, it seems, had been slain in a tumult during a season of such danger, that a decree had been passed by the Senate, requiring the Consuls to be careful that the republic received no detriment. This was supposed to sanction every proceeding which followed in consequence; and the design of the popular party, in the impeachment of Rabirius, was to attack this prerogative of the Senate. Cicero’s oration on this contention between the Senatorial and Tribunitial power, gives us more the impression of prompt and unstudied eloquence than most of his other harangues. It is, however, a little obscure, partly from the circumstance that the accuser would not permit him to exceed half an hour in the defence. The argument seems to have been, that Rabirius did not kill Saturninus; but that even if he had slain him, the action was not merely legal, but praiseworthy, since all citizens had been required to arm in aid of the Consuls.

It was believed, that in spite of the exertions of Cicero, Rabirius would have been condemned, had not the Prætor Metellus devised an expedient for dissolving the Comitia, before sentence could be passed. The cause was neither farther prosecuted at this time, nor subsequently revived; the public attention being now completely engrossed by the imminent dangers of the Catilinarian Conspiracy, which was discovered during the Consulship of Cicero.

_Contra Catilinam_. The detection and suppression of that nefarious plot, form the most glorious part of the political life of Cicero; and the orations he pronounced against the chief conspirator, are still regarded as the most splendid monuments of his eloquence. It was no longer to defend the rights and prerogatives of a municipal town or province, nor to move and persuade a judge in favour of an unfortunate client, but to save his country and the republic, that Cicero ascended the Rostrum. The conspiracy of Catiline tended to the utter extinction of the city and government. Cicero, having discovered his design, (which was to leave Rome and join his army, assembled in different parts of Italy, while the other conspirators remained within the walls, to butcher the Senators and fire the capital,) summoned the Senate to meet in the Temple of Jupiter Stator, with the intention of laying before it the whole circumstances of the plot. But Catiline having unexpectedly appeared in the midst of the assembly, his audacity impelled the consular orator into an abrupt invective, which is directly addressed to the traitor, and commences without the preamble by which most of his other harangues are introduced. In point of effect, this oration must have been perfectly electric. The disclosure to the criminal himself of his most secret purposes—their flagitious nature, threatening the life of every one present—the whole course of his villainies and treasons, blazoned forth with the fire of incensed eloquence—and the adjuration to him, by flying from Rome, to free his country from such a pestilence, were all wonderfully calculated to excite astonishment, admiration, and horror. The great object of the whole oration, was to drive Catiline into banishment; and it appears somewhat singular, that so dangerous a personage, and who might have been so easily convicted, should thus have been forced, or even allowed, to withdraw to his army, instead of being seized and punished. Catiline having escaped unmolested to his camp, the conduct of the Consul in not apprehending, but sending away this formidable enemy, had probably excited some censure and discontent; and the second Catilinarian oration was in consequence delivered by Cicero, in an assembly of the people, in order to justify his driving the chief conspirator from Rome. A capital punishment, he admits, ought long since to have overtaken Catiline, but such was the spirit of the times, that the existence of the conspiracy would not have been believed, and he had therefore resolved to place his guilt in a point of view so conspicuous, that vigorous measures might without hesitation be adopted, both against Catiline and his accomplices. He also takes this opportunity to warn his audience against those bands of conspirators who still lurked within the city, and whom he divides into various classes, describing, in the strongest language, the different degrees of guilt and profligacy by which they were severally characterized.

Manifest proofs of the whole plot having been at length obtained, by the arrest of the ambassadors from the Allobroges, with whom the conspirators had tampered, and who were bearing written credentials from them to their own country, Cicero, in his third oration, laid before the people all the particulars of the discovery, and invited them to join in celebrating a thanksgiving, which had been decreed by the Senate to his honour, for the preservation of his country.

The last Catilinarian oration was pronounced in the Senate, on the debate concerning the punishment to be inflicted on the conspirators. Silanus had proposed the infliction of instant death, while Cæsar had spoken in favour of the more lenient sentence of perpetual imprisonment. Cicero does not precisely declare for any particular punishment; but he shows that his mind evidently inclined to the severest, by dwelling on the enormity of the conspirators’ guilt, and aggravating all their crimes with much acrimony and art. His sentiments finally prevailed; and those conspirators, who had remained in Rome, were strangled under his immediate superintendence.

In these four orations, the tone and style of each of them, particularly of the first and last, is very different, and accommodated with a great deal of judgment to the occasion, and to the circumstances under which they were delivered. Through the whole series of the Catilinarian orations, the language of Cicero is well calculated to overawe the wicked, to confirm the good, and encourage the timid. It is of that description which renders the mind of one man the mind of a whole assembly, or a whole people(323).

_Pro Muræna_.—The Comitia being now held in order to choose Consuls for the ensuing year, Junius Silanus and Muræna were elected. The latter candidate had for his competitor the celebrated jurisconsult Sulpicius Rufus; who, being assisted by Cato, charged Muræna with having prevailed by bribery and corruption. This impeachment was founded on the Calpurnian law, which had lately been rendered more strict, on the suggestion of Sulpicius, by a _Senatusconsultum_. Along with this accusation, the profligacy of Muræna’s character was objected to, and also the meanness of his rank, as he was but a knight and soldier, whereas Sulpicius was a patrician and lawyer. Cicero therefore shows, in the first place, that he amply merited the consulship, from his services in the war with Mithridates, which introduces a comparison between a military and forensic life. While he pays his usual tribute of applause to cultivated eloquence, he derides the forms and phraseology of the jurisconsults, by whom the civil law was studied and practised. As to the proper subject of the accusation, bribery in his election, it seems probable that Muræna had been guilty of some practices which, strictly speaking, were illegal, yet were warranted by custom. They seem to have consisted in encouraging a crowd to attend him on the streets, and in providing shows for the entertainment of the multitude; which, though expected by the people, and usually overlooked by the magistrates, appeared heinous offences in the eye of the rigid and stoical Cato. Aware of the weight added to the accusation by his authority, Cicero, in order to obviate this influence, treats his stoical principles in the same tone which he had already used concerning the profession of Sulpicius. In concluding, he avails himself of the difficulties of the times, and the yet unsuppressed conspiracy of Catiline, which rendered it unwise to deprive the city of a Consul well qualified to defend it in so dangerous a crisis.

This case was one of great expectation, from the dignity of the prosecutors, and eloquence of the advocates for the accused. Before Cicero spoke, it had been pleaded by Hortensius, and Crassus the triumvir; and Cicero, in engaging in the cause, felt the utmost desire to surpass these rivals of his eloquence. Such was his anxiety, that he slept none during the whole night which preceded the hearing of the cause; and being thus exhausted with care, his eloquence on this occasion fell short of that of Hortensius(324). He shows, however, much delicacy and art in the manner in which he manages the attack on the philosophy of Cato, and profession of Sulpicius, both of whom were his particular friends, and high in the estimation of the judges he addressed(325).

_Pro Valerio Flacco_.—Flaccus had aided Cicero in his discovery of the conspiracy of Catiline, and, in return, was defended by him against a charge of extortion and peculation, brought by various states of Asia Minor, which he had governed as Pro-prætor.

_Pro Cornelio Sylla_.—Sylla, who was afterwards a great partizan of Cæsar’s, was prosecuted for having been engaged in Catiline’s conspiracy; but his accuser, Torquatus, digressing from the charge against Sylla, turned his raillery on Cicero; alleging, that he had usurped the authority of a king; and asserting, that he was the third foreign sovereign who had reigned at Rome after Numa and Tarquin. Cicero, therefore, in his reply, had not only to defend his client, but to answer the petulant raillery by which his antagonist attempted to excite envy and odium against himself. He admits that he was a foreigner in one sense of the word, having been born in a municipal town of Italy, in common with many others who had rendered the highest services to the city; but he repels the insinuation that he usurped any kingly authority; and being instigated by this unmerited attack, he is led on to the eulogy of his own conduct and consulship,—a favourite subject, from which he cannot altogether depart, even when he enters more closely into the grounds of the prosecution.

For this defence of Cornelius Sylla, Cicero privately received from his client the sum of 20,000 sesterces, which chiefly enabled him to purchase his magnificent house on the Palatine Hill.

_Pro Archia_.—This is one of the orations of Cicero on which he has succeeded in bestowing the finest polish, and it is perhaps the most _pleasing_ of all his harangues. Archias had been his preceptor, and, after having obtained much reputation by his Greek poems, on the triumphs of Lucullus over Mithridates, and of Marius over the Cimbri, was now attempting to celebrate the consulship of Cicero; so that the orator, in pleading his cause, expected to be requited by the praises of his muse.