The Life of Cicero. Volume II.. Trollope Anthony
we feel sure that he was either hoaxing them who heard him or saying what he knew they would not believe.
b. c. 56, ætat. 51.
Previous to the speech as to the "aruspices," he had defended Sextius – or Sestius, as he is frequently called – on a charge brought against him by Clodius in respect of violence. We at once think of the commonplace from Juvenal:
"Quis tulerit Gracchos de seditione querentes."
But Rome, without remonstrating, put up with any absurdity of that kind. Sextius and Milo and others had been joined together in opposing the election of Clodius as Ædile, and had probably met violence with violence. As surely as an English master of hounds has grooms and whips ready at his command, Milo had a band of bullies prepared for violence. Clodius himself had brought an action against Milo, who was defended by Pompey in person. The case against Sextius was intrusted to Albinovanus, and Hortensius undertook the defence. Sextius before had been one of the most forward in obtaining the return of Cicero, and had travelled into Gaul to see Cæsar and to procure Cæsar's assent. Cæsar had not then assented; but not the less great had been the favor conferred by Sextius on Cicero. Cicero had been grateful, but it seems that Sextius had thought not sufficiently grateful; hence there had grown up something of a quarrel. But Cicero, when he heard of the proceeding against his old friend, at once offered his assistance. For a Roman to have more than one counsel to plead for him was as common as for an Englishman. Cicero was therefore added to Hortensius, and the two great advocates of the day spoke on the same side. We are told that Hortensius managed the evidence, showing, probably, that Clodius struck the first blow. Cicero then addressed the judges with the object of gaining their favor for the accused. In this he was successful, and Sextius was acquitted. As regards Sextius and his quarrel with Clodius, the oration has but little interest for us. There is not, indeed, much about Sextius in it. It is a continuation of the pæan which Cicero was still singing as to his own return, but it is distinguished from his former utterances by finer thought and finer language. The description of public virtue as displayed by Cato has perhaps, in regard to melody of words and grandeur of sentiment, never been beaten. I give the orator's words below in his own language, because in no other way can any idea of the sound be conveyed.17 There is, too, a definition made very cleverly to suit his own point of view between the conservatives and the liberals of the day. "Optimates" is the name by which the former are known; the latter are called "Populares."18
Attached to this speech for Sextius is a declamation against Vatinius, who was one of the witnesses employed by the prosecutor. Instead of examining this witness regularly, he talked him down by a separate oration. We have no other instance of such a forensic manœuvre either in Cicero's practice or in our accounts of the doings of other Roman advocates. This has reached us as a separate oration. It is a coarse tirade of abuse against a man whom we believe to have been bad, but as to whom we feel that we are not justified in supposing that we can get his true character here. He was a creature of Cæsar's, and Cicero was able to say words as to Vatinius which he was unwilling to speak as to Cæsar and his doings. It must be added here that two years later Cicero pleaded for this very Vatinius, at the joint request of Cæsar and Pompey, when Vatinius on leaving the Prætorship was accused of corruption.
b. c. 56, ætat. 51.
The nature of the reward to which the aspiring oligarch of Rome always turned his eyes has been sufficiently explained. He looked to be the governor of a province. At this period of which we are speaking there was no reticence in the matter. Syria, or Macedonia, or Hispania had been the prize, or Sicily, or Sardinia. It was quite understood that an aspiring oligarch went through the dust and danger and expense of political life in order that at last he might fill his coffers with provincial plunder. There were various laws as to which these governments were allotted to the plunderers. Of these we need only allude to the Leges Semproniæ, or laws proposed b. c. 123, by Caius Sempronius Gracchus, for the distribution of those provinces which were to be enjoyed by Proconsuls. There were prætorian provinces and consular provinces, though there was no law making it sure that any province should be either consular or prætorian. But the Senate, without the interference of the people and free from the Tribunes' veto, had the selection of provinces for the Consuls; whereas, for those intended for the Prætors, the people had the right of voting and the Tribunes of the people had a right of putting a veto on the propositions made. Now, in this year there came before the Senate a discussion as to the fate of three Proconsuls – not as to the primary allocation of provinces to them, but on the question whether they should be continued in the government which they held. Piso was in Macedonia, where he was supposed to have disgraced himself and the Empire which he served. Gabinius was in Syria, where it was acknowledged that he had done good service, though his own personal character stood very low. Cæsar was lord in the two Gauls – that is, on both sides of the Alps, in Northern Italy, and in that portion of modern France along the Mediterranean which had been already colonized – and was also governor of Illyricum. He had already made it manifest to all men that the subjugation of a new empire was his object rather than provincial plunder. Whether we love the memory of Cæsar as of a great man who showed himself fit to rule the world, or turn away from him as from one who set his iron heel on the necks of men, and by doing so retarded for centuries the liberties of mankind, we have to admit that he rose by the light of his own genius altogether above the ambition of his contemporaries. If we prefer, as I do, the humanity of Cicero, we must confess to ourselves the supremacy of Cæsar, and acknowledge ourselves to belong to the beaten cause. "Victrix causa Deis placuit; sed victa Catoni." In discussing the fate of these proconsular officials we feel now the absurdity of mixing together in the same debate the name of Piso and Gabinius with that of Cæsar. Yet such was the subject in dispute when Cicero made his speech, De Provinciis Consularibus, as to the adjudication of the consular provinces.
There was a strong opinion among many Senators that Cæsar should be stopped in his career. I need not here investigate the motives, either great or little, on which this opinion was founded. There was hardly a Senator among them who would not have wished Cæsar to be put down, though there were many who did not dare declare their wishes. There were reasons for peculiar jealousy on the part of the Senate. Cisalpine Gaul had been voted for him by the intervention of the people, and especially by that of the Tribune Vatinius – to Cæsar who was Consularis, whose reward should have been an affair solely for the Senate. Then there had arisen a demand, a most unusual demand, for the other Gaul also. The giving of two provinces to one governor was altogether contrary to the practice of the State; but so was the permanent and acknowledged continuance of a conspiracy such as the Triumvirate unusual. Cæsar himself was very unusual. Then the Senate, feeling that the second province would certainly be obtained, and anxious to preserve some shred of their prerogative, themselves voted the Farther Gaul. As it must be done, let it at any rate be said that they had done it. But as they had sent Cæsar over the Alps so they could recall him, or try to recall him. Therefore, with the question as to Piso and Gabinius, which really meant nothing, came up this also as to Cæsar, which meant a great deal.
But Cæsar had already done great things in Gaul. He had defeated the Helvetians and driven Ariovistus out of the country. He had carried eight legions among the distant Belgæ, and had conquered the Nervii. In this very year he had built a huge fleet, and had destroyed the Veneti, a seafaring people on the coast of the present Brittany. The more powerful he showed himself to be, the more difficult it was to recall him; but also the more desirable in the eyes of many. In the first portion of his speech Cicero handles Piso and Gabinius with his usual invective. There was no considerable party desirous of renewing to them their governments, but Cicero always revelled in the pleasure of abusing them. He devotes by far the longer part of his oration to the merit of Cæsar.19 As for recalling him, it would be irrational. Who had counted more enemies in Rome than Marius? but did they recall Marius when he was fighting for the Republic?20 Hitherto the Republic had been forced to fear the Gauls. Rome had always been on the defence against them. Now it had been brought about by Cæsar that the limits of the world were the limits of the Roman Empire.21 The conquest was not yet finished, but surely it should be left to him who had
Ca. xxviii.: "Quæ in tempestate sæva quieta est, et lucet in tenebris, et pulsa loco manet tamen, atque hæret in patria, splendetque per se semper, neque alienis unquam sordibus obsolescit." I regard this as a perfect allocution of words in regard to the arrangement both for the ear and for the intellect.
Ca. xliv.: "There have always been two kinds of men who have busied themselves in the State, and have struggled to be each the most prominent. Of these, one set have endeavored to be regarded as 'populares,' friends of the people; the other to be and to be considered as 'optimates,' the most trustworthy. They who did and said what could please the people were 'populares,' but they who so carried themselves as to satisfy every best citizen, they were 'optimates.'" Cicero, in his definition, no doubt begs the question; but to do so was his object.
Mommsen, lib. v., chap. viii., in one of his notes, says that this oration as to the provinces was the very "palinodia" respecting which Cicero wrote to Atticus. The subject discussed was no doubt the same. What authority the historian has found for his statement I do not know; but no writer is generally more correct.
De Prov. Cons., ca. viii.
Ca. xiii.