Anthony Trollope - The Life of Cicero. Volume II.

Cicero had not been long back from his exile when the gods began to show their anger. A statue of Juno twisted itself half round; a wolf had been seen in the city; three citizens were struck with lightning; arms were heard to clang, and then wide subterranean noises. Nothing was easier than the preparation and continuing of such portents. For many years past the heavens above and the earth beneath had been put into requisition for prodigies. 15 15 See the Preface by M. Guerault to his translation of this oration, De Aruspium Responsis. The soothsayers were always well pleased to declare that there had been some neglect of the gods. It is in the nature of things that the superstitious tendencies of mankind shall fall a prey to priestcraft. The quarrels between Cicero and Clodius were as full of life as ever. In this year, Clodius being Ædile, there had come on debates as to a law passed by Cæsar as Consul, in opposition to Bibulus, for the distribution of lands among the citizens. There was a question as to a certain tax which was to be levied on these lands. The tax-gatherers were supported by Cicero, and denounced by Clodius. Then Clodius and his friends found out that the gods were showering their anger down upon the city because the ground on which Cicero's house had once stood was being desecrated by its re-erection. An appeal was made to the soothsayers. They reported, and Cicero rejoined. The soothsayers had of course been mysterious and doubtful. Cicero first shows that the devotion of his ground to sacred purposes had been an absurdity, and then he declares that the gods are angry, not with him but with Clodius. To say that the gods were not angry at all was more than Cicero dared. The piece, taken as a morsel of declamatory art, is full of vigor, is powerful in invective, and carries us along in full agreement with the orator; but at the conclusion we are led to wish that Cicero could have employed his intellect on higher matters.

There are, however, one or two passages which draw the reader into deep mental inquiry as to the religious feelings of the time. In one, which might have been written by Paley, Cicero declares his belief in the creative power of some god – or gods, as he calls them. 16 16 Ca. ix.: "Who is there so mad that when he looks up to the heavens he does not acknowledge that there are gods, or dares to think that the things which he sees have sprung from chance – things so wonderful that the most intelligent among us do not understand their motions?" And we see also the perverse dealings of the Romans with these gods, dealings which were very troublesome – not to be got over except by stratagem. The gods were made use of by one party and the other for dishonest state purposes. When Cicero tells his hearers what the gods intended to signify by making noises in the sky, and other divine voices, 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:

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 17 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. 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 18 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.

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.