BOOK III.

I. * * *[331] Cicero, in the third book of his treatise On a

Commonwealth, says that nature has treated man less like a mother than

a step-dame, for she has cast him into mortal life with a body naked,

fragile, and infirm, and with a mind agitated by troubles, depressed by

fears, broken by labors, and exposed to passions. In this mind,

however, there lies hidden, and, as it were, buried, a certain divine

spark of genius and intellect.

Though man is born a frail and powerless being, nevertheless he is safe

from all animals destitute of voice; and at the same time those other

animals of greater strength, although they bravely endure the violence

of weather, cannot be safe from man. And the result is, that reason

does more for man than nature does for brutes; since, in the latter,

neither the greatness of their strength nor the firmness of their

bodies can save them from being oppressed by us, and made subject to

our power. * * *

Plato returned thanks to nature that he had been born a man.

II. * * * aiding our slowness by carriages, and when it had taught men

to utter the elementary and confused sounds of unpolished expression,

articulated and distinguished them into their proper classes, and, as

their appropriate signs, attached certain words to certain things, and

thus associated, by the most delightful bond of speech, the once

divided races of men.

And by a similar intelligence, the inflections of the voice, which

appeared infinite, are, by the discovery of a few alphabetic

characters, all designated and expressed; by which we maintain converse

with our absent friends, by which also indications of our wishes and

monuments of past events are preserved. Then came the use of numbers--a

thing necessary to human life, and at the same time immutable and

eternal; a science which first urged us to raise our views to heaven,

and not gaze without an object on the motions of the stars, and the

distribution of days and nights.

III. * * *[332] [Then appeared the sages of philosophy], whose minds

took a higher flight, and who were able to conceive and to execute

designs worthy of the gifts of the Gods. Wherefore let those men who

have left us sublime essays on the principles of living be regarded as

great men--which indeed they are--as learned men, as masters of truth

and virtue; provided that these principles of civil government, this

system of governing people, whether it be a thing discovered by men who

have lived amidst a variety of political events, or one discussed

amidst their opportunities of literary tranquillity, is remembered to

be, as indeed it is, a thing by no means to be despised, being one

which causes in first-rate minds, as we not unfrequently see, an

incredible and almost divine virtue. And when to these high faculties

of soul, received from nature and expanded by social institutions, a

politician adds learning and extensive information concerning things in

general, like those illustrious personages who conduct the dialogue in

the present treatise, none will refuse to confess the superiority of

such persons to all others; for, in fact, what can be more admirable

than the study and practice of the grand affairs of state, united to a

literary taste and a familiarity with the liberal arts? or what can we

imagine more perfect than a Scipio, a Lælius, or a Philus, who, not to

omit anything which belonged to the most perfect excellence of the

greatest men, joined to the examples of our ancestors and the

traditions of our countrymen the foreign philosophy of Socrates?

Wherefore he who had both the desire and the power to acquaint himself

thoroughly both with the customs and the learning of his ancestors

appears to me to have attained to the very highest glory and honor. But

if we cannot combine both, and are compelled to select one of these two

paths to wisdom--though to some people the tranquil life spent in the

research of literature and arts may appear to be the most happy and

delectable--yet, doubtless, the science of politics is more laudable

and illustrious, for in this political field of exertion our greatest

men have reaped their honors, like the invincible Curius,

Whom neither gold nor iron could subdue.

IV. * * *[333] that wisdom existed still. There existed this general

difference between these two classes, that among the one the

development of the principles of nature is the subject of their study

and eloquence, and among the other national laws and institutions form

the principal topics of investigation.

In honor of our country, we may assert that she has produced within

herself a great number, I will not say of sages (since philosophy is so

jealous of this name), but of men worthy of the highest celebrity,

because by them the precepts and discoveries of the sages have been

carried out into actual practice. And, moreover, though there have

existed, and still do exist, many great and glorious empires, yet since

the noblest masterpiece of genius in the world is the establishment of

a state and commonwealth which shall be a lasting one, even if we

reckon but a single legislator for each empire, the number of these

excellent men will appear very numerous. To be convinced of this, we

have only to turn our eyes on any nation of Italy, Latium, the Sabines,

the Volscians, the Samnites, or the Etrurians, and then direct our

attention to that mighty nation of the Greeks, and then to the

Assyrians, Persians, and Carthaginians, and[334] * * *

V. * * * [Scipio and his friends having again assembled, Scipio spoke

as follows: In our last conversation, I promised to prove that honesty

is the best policy in all states and commonwealths whatsoever. But if I

am to plead in favor of strict honesty and justice in all public

affairs, no less than in private, I must request Philus, or some one

else, to take up the advocacy of the other side; the truth will then

become more manifest, from the collision of opposite arguments, as we

see every day exemplified at the Bar.]

And Philus replied: In good truth, you have allotted me a very

creditable cause when you wish me to undertake the defence of vice.

Perhaps, said Lælius, you are afraid, lest, in reproducing the ordinary

objections made to justice in politics, you should seem to express your

own sentiments; though you are universally respected as an almost

unique example of the ancient probity and good faith; nor is it unknown

how familiar you are with the lawyer-like habit of disputing on both

sides of a question, because you think that this is the best way of

getting at the truth.

And Philus said: Very well; I obey you, and wilfully, with my eyes

open, I will undertake this dirty business; because, since those who

seek for gold do not flinch at the sight of the mud, so we who are

searching for justice, which is far more precious than gold, are bound

to shrink from no annoyance. And I wish, as I am about to make use of

the antagonist arguments of a foreigner, I might also employ a foreign

language. The pleas, therefore, now to be urged by Lucius Furius Philus

are those [once employed by] the Greek Carneades, a man who was

accustomed to express whatever [served his turn].[335] * * *[336]Let it

be understood, therefore, that I by no means express my own sentiments,

but those of Carneades, in order that you may refute this philosopher,

who was wont to turn the best causes into joke, through the mere

wantonness of wit.

VI. He was a philosopher of the Academic School; and if any

one is ignorant of his great power, and eloquence, and

acuteness in arguing, he may learn it from the mention made

of him by Cicero or by Lucilius, when Neptune, discoursing on

a very difficult subject, declares that it cannot be

explained, not even if hell were to restore Carneades himself

for the purpose. This philosopher, having been sent by the

Athenians to Rome as an ambassador, discussed the subject of

justice very amply in the hearing of Galba and Cato the

Censor, who were the greatest orators of the day. And the

next day he overturned all his arguments by others of a

contrary tendency, and disparaged justice, which the day

before he had extolled; speaking not indeed with the gravity

of a philosopher whose wisdom ought to be steady, and whose

opinions unchangeable, but in a kind of rhetorical exercise

of arguing on each side--a practice which he was accustomed

to adopt, in order to be able to refute others who were

asserting anything. The arguments by which he disparaged

justice are mentioned by Lucius Furius in Cicero; I suppose,

since he was discussing the Commonwealth, in order to

introduce a defence and panegyric of that quality without

which he did not think a commonwealth could be administered.

But Carneades, in order to refute Aristotle and Plato, the

advocates of justice, collected in his first argument

everything that was in the habit of being advanced on behalf

of justice, in order afterward to be able to overturn it, as

he did.

VII. Many philosophers indeed, and especially Plato and

Aristotle, have spoken a great deal of justice, inculcating

that virtue, and extolling it with the highest praise, as

giving to every one what belongs to him, as preserving equity

in all things, and urging that while the other virtues are,

as it were, silent and shut up, justice is the only one which

is not absorbed in considerations of self-interest, and which

is not secret, but finds its whole field for exercise

out-of-doors, and is desirous of doing good and serving as

many people as possible; as if, forsooth, justice ought to

exist in judges only, and in men invested with a certain

authority, and not in every one! But there is no one, not

even a man of the lowest class, or a beggar, who is destitute

of opportunities of displaying justice. But because these

philosophers knew not what its essence was, or whence it

proceeded, or what its employment was, they attributed that

first of all virtues, which is the common good of all men, to

a few only, and asserted that it aimed at no advantage of its

own, but was anxious only for that of others. So it was well

that Carneades, a man of the greatest genius and acuteness,

refuted their assertions, and overthrew that justice which

had no firm foundation; not because he thought justice itself

deserving of blame, but in order to show that those its

defenders had brought forward no trustworthy or strong

arguments in its behalf.

Justice looks out-of-doors, and is prominent and conspicuous

in its whole essence.

Which virtue, beyond all others, wholly devotes and dedicates

itself to the advantage of others.

VIII. * * * Both to discover and maintain. While the other, Aristotle,

has filled four large volumes with a discussion on abstract justice.

For I did not expect anything grand or magnificent from Chrysippus,

who, after his usual fashion, examines everything rather by the

signification of words than the reality of things. But it was surely

worthy of those heroes of philosophy to ennoble by their genius a

virtue so eminently beneficent and liberal, which everywhere exalts the

social interests above the selfish, and teaches us to love others

rather than ourselves. It was worthy of their genius, we say, to

elevate this virtue to a divine throne, not far from that of Wisdom.

And certainly they neither wanted the will to accomplish this (for what

else could be the cause of their writing on the subject, or what could

have been their design?) nor the genius, in which they excelled all

men. But the weakness of their cause was too great for either their

intention or their eloquence to make it popular. In fact, this justice

on which we reason is a civil right, but no natural one; for if it were

natural and universal, then justice and injustice would be recognized

similarly by all men, just as the heat and cold, sweetness and

bitterness.

IX. Now, if any one, carried in that chariot of winged serpents of

which the poet Pacuvius makes mention, could take his flight over all

nations and cities, and accurately observe their proceedings, he would

see that the sense of justice and right varies in different regions. In

the first place, he would behold among the unchangeable people of

Egypt, which preserves in its archives the memory of so many ages and

events, a bull adored as a Deity, under the name of Apis, and a

multitude of other monsters, and all kinds of animals admitted by the

same nation into the number of the Gods.

In the next place, he would see in Greece, as among ourselves,

magnificent temples consecrated by images in human form, which the

Persians regarded as impious; and it is affirmed that the sole motive

of Xerxes for commanding the conflagration of the Athenian temples was

the belief that it was a superstitious sacrilege to keep confined

within narrow walls the Gods, whose proper home was the entire

universe. But afterward Philip, in his hostile projects against the

Persians, and Alexander, who carried them into execution, alleged this

plea for war, that they were desirous to avenge the temples of Greece,

which the Greeks had thought proper never to rebuild, that this

monument of the impiety of the Persians might always remain before the

eyes of their posterity.

How many--such as the inhabitants of Taurica along the Euxine Sea; as

the King of Egypt, Busiris; as the Gauls and the Carthaginians--have

thought it exceedingly pious and agreeable to the Gods to sacrifice

men! And, besides, the customs of life are so various that the Cretans

and Ætolians regard robbery as honorable. And the Lacedæmonians say

that their territory extends to all places which they can touch with a

lance. The Athenians had a custom of swearing, by a public

proclamation, that all the lands which produced olives and corn were

their own. The Gauls consider it a base employment to raise corn by

agricultural labor, and go with arms in their hands, and mow down the

harvests of neighboring peoples. But we ourselves, the most equitable

of all nations, who, in order to raise the value of our vines and

olives, do not permit the races beyond the Alps to cultivate either

vineyards or oliveyards, are said in this matter to act with prudence,

but not with justice. You see, then, that wisdom and policy are not

always the same as equity. And Lycurgus, that famous inventor of a most

admirable jurisprudence and most wholesome laws, gave the lands of the

rich to be cultivated by the common people, who were reduced to

slavery.

X. If I were to describe the diverse kinds of laws, institutions,

manners, and customs, not only as they vary in the numerous nations,

but as they vary likewise in single cities--in this one of ours, for

example--I could prove that they have had a thousand revolutions. For

instance, that eminent expositor of our laws who sits in the present

company--I mean Manilius--if you were to consult him relative to the

legacies and inheritances of women, he would tell you that the present

law is quite different from that he was accustomed to plead in his

youth, before the Voconian enactment came into force--an edict which

was passed in favor of the interests of the men, but which is evidently

full of injustice with regard to women. For why should a woman be

disabled from inheriting property? Why can a vestal virgin become an

heir, while her mother cannot? And why, admitting that it is necessary

to set some limit to the wealth of women, should Crassus's daughter, if

she be his only child, inherit thousands without offending the law,

while my daughter can only receive a small share in a bequest.[337]

* * *

XI. * * * [If this justice were natural, innate, and universal, all men

would admit the same] law and right, and the same men would not enact

different laws at different times. If a just man and a virtuous man is

bound to obey the laws, I ask, what laws do you mean? Do you intend all

the laws indifferently? But neither does virtue permit this inconstancy

in moral obligation, nor is such a variation compatible with natural

conscience. The laws are, therefore, based not on our sense of justice,

but on our fear of punishment. There is, therefore, no natural justice;

and hence it follows that men cannot be just by nature.

Are men, then, to say that variations indeed do exist in the laws, but

that men who are virtuous through natural conscience follow that which

is really justice, and not a mere semblance and disguise, and that it

is the distinguishing characteristic of the truly just and virtuous man

to render every one his due rights? Are we, then, to attribute the

first of these characteristics to animals? For not only men of moderate

abilities, but even first-rate sages and philosophers, as Pythagoras

and Empedocles, declare that all kinds of living creatures have a right

to the same justice. They declare that inexpiable penalties impend over

those who have done violence to any animal whatsoever. It is,

therefore, a crime to injure an animal, and the perpetrator of such

crime[338] * * *

XII. For when he[339] inquired of a pirate by what right he

dared to infest the sea with his little brigantine: "By the

same right," he replied, "which is your warrant for

conquering the world." * * *

Wisdom and prudence instruct us by all means to increase our power,

riches, and estates. For by what means could this same Alexander, that

illustrious general, who extended his empire over all Asia, without

violating the property of other men, have acquired such universal

dominion, enjoyed so many pleasures, such great power, and reigned

without bound or limit?

But justice commands us to have mercy upon all men, to consult the

interests of the whole human race, to give to every one his due, and

injure no sacred, public, or foreign rights, and to forbear touching

what does not belong to us. What is the result, then? If you obey the

dictates of wisdom, then wealth, power, riches, honors, provinces, and

kingdoms, from all classes, peoples, and nations, are to be aimed at.

However, as we are discussing public matters, those examples are more

illustrious which refer to what is done publicly. And since the

question between justice and policy applies equally to private and

public affairs, I think it well to speak of the wisdom of the people. I

will not, however, mention other nations, but come at once to our own

Roman people, whom Africanus, in his discourse yesterday, traced from

the cradle, and whose empire now embraces the whole world. Justice

is[340] * * *

XIII. How far utility is at variance with justice we may

learn from the Roman people itself, which, declaring war by

means of the fecials, and committing injustice with all legal

formality, always coveting and laying violent hands on the

property of others, acquired the possession of the whole

world.

What is the advantage of one's own country but the

disadvantage of another state or nation, by extending one's

dominions by territories evidently wrested from others,

increasing one's power, improving one's revenues, etc.?

Therefore, whoever has obtained these advantages for his

country--that is to say, whoever has overthrown cities,

subdued nations, and by these means filled the treasury with

money, taken lands, and enriched his fellow-citizens--such a

man is extolled to the skies; is believed to be endowed with

consummate and perfect virtue; and this mistake is fallen

into not only by the populace and the ignorant, but by

philosophers, who even give rules for injustice.

XIV. * * * For all those who have the right of life and death over the

people are in fact tyrants; but they prefer being called by the title

of king, which belongs to the all-good Jupiter. But when certain men,

by favor of wealth, birth, or any other means, get possession of the

entire government, it is a faction; but they choose to denominate

themselves an aristocracy. If the people gets the upper hand, and rules

everything after its capricious will, they call it liberty, but it is

in fact license. And when every man is a guard upon his neighbor, and

every class is a guard upon every other class, then because no one

trusts in his own strength, a kind of compact is formed between the

great and the little, from whence arises that mixed kind of government

which Scipio has been commending. Thus justice, according to these

facts, is not the daughter of nature or conscience, but of human

imbecility. For when it becomes necessary to choose between these three

predicaments, either to do wrong without retribution, or to do wrong

with retribution, or to do no wrong at all, it is best to do wrong with

impunity; next, neither to do wrong nor to suffer for it; but nothing

is more wretched than to struggle incessantly between the wrong we

inflict and that we receive. Therefore, he who attains to that first

end[341] * * *

XV. This was the sum of the argument of Carneades: that men

had established laws among themselves from considerations of

advantage, varying them according to their different customs,

and altering them often so as to adapt them to the times; but

that there was no such thing as natural law; that all men and

all other animals are led to their own advantage by the

guidance of nature; that there is no such thing as justice,

or, if there be, that it is extreme folly, since a man would

injure himself while consulting the interests of others. And

he added these arguments, that all nations who were

flourishing and dominant, and even the Romans themselves, who

were the masters of the whole world, if they wished to be

just--that is to say, if they restored all that belonged to

others--would have to return to their cottages, and to lie

down in want and misery.

Except, perhaps, of the Arcadians and Athenians, who, I presume,

dreading that this great act of retribution might one day arrive,

pretend that they were sprung from the earth, like so many field-mice.

XVI. In reply to these statements, the following arguments are often

adduced by those who are not unskilful in discussions, and who, in this

question, have all the greater weight of authority, because, when we

inquire, Who is a good man?--understanding by that term a frank and

single-minded man--we have little need of captious casuists, quibblers,

and slanderers. For those men assert that the wise man does not seek

virtue because of the personal gratification which the practice of

justice and beneficence procures him, but rather because the life of

the good man is free from fear, care, solicitude, and peril; while, on

the other hand, the wicked always feel in their souls a certain

suspicion, and always behold before their eyes images of judgment and

punishment. Do not you think, therefore, that there is any benefit, or

that there is any advantage which can be procured by injustice,

precious enough to counterbalance the constant pressure of remorse, and

the haunting consciousness that retribution awaits the sinner, and

hangs over his devoted head.[342] * * *

XVII. [Our philosophers, therefore, put a case. Suppose, say they, two

men, one of whom is an excellent and admirable person, of high honor

and remarkable integrity; the latter is distinguished by nothing but

his vice and audacity. And suppose that their city has so mistaken

their characters as to imagine the good man to be a scandalous,

impious, and audacious criminal, and to esteem the wicked man, on the

contrary, as a pattern of probity and fidelity. On account of this

error of their fellow-citizens, the good man is arrested and tormented,

his hands are cut off, his eyes are plucked out, he is condemned,

bound, burned, exterminated, reduced to want, and to the last appears

to all men to be most deservedly the most miserable of men. On the

other hand, the flagitious wretch is exalted, worshipped, loved by all,

and honors, offices, riches, and emoluments are all conferred on him,

and he shall be reckoned by his fellow-citizens the best and worthiest

of mortals, and in the highest degree deserving of all manner of

prosperity. Yet, for all this, who is so mad as to doubt which of these

two men he would rather be?

XVIII. What happens among individuals happens also among nations. There

is no state so absurd and ridiculous as not to prefer unjust dominion

to just subordination. I need not go far for examples. During my own

consulship, when you were my fellow-counsellors, we consulted

respecting the treaty of Numantia. No one was ignorant that Quintus

Pompey had signed a treaty, and that Mancinus had done the same. The

latter, being a virtuous man, supported the proposition which I laid

before the people, after the decree of the senate. The former, on the

other side, opposed it vehemently. If modesty, probity, or faith had

been regarded, Mancinus would have carried his point; but in reason,

counsel, and prudence, Pompey surpassed him. Whether[343] * * *

XIX. If a man should have a faithless slave, or an unwholesome house,

with whose defect he alone was acquainted, and he advertised them for

sale, would he state the fact that his servant was infected with

knavery, and his house with malaria, or would he conceal these

objections from the buyer? If he stated those facts, he would be

honest, no doubt, because he would deceive nobody; but still he would

be thought a fool, because he would either get very little for his

property, or else fail to sell it at all. By concealing these defects,

on the other hand, he will be called a shrewd man--as one who has taken

care of his own interest; but he will be a rogue, notwithstanding,

because he will be deceiving his neighbors. Again, let us suppose that

one man meets another, who sells gold and silver, conceiving them to be

copper or lead; shall he hold his peace that he may make a capital

bargain, or correct the mistake, and purchase at a fair rate? He would

evidently be a fool in the world's opinion if he preferred the latter.

XX. It is justice, beyond all question, neither to commit murder nor

robbery. What, then, would your just man do, if, in a case of

shipwreck, he saw a weaker man than himself get possession of a plank?

Would he not thrust him off, get hold of the timber himself, and escape

by his exertions, especially as no human witness could be present in

the mid-sea? If he acted like a wise man of the world, he would

certainly do so, for to act in any other way would cost him his life.

If, on the other hand, he prefers death to inflicting unjustifiable

injury on his neighbor, he will be an eminently honorable and just man,

but not the less a fool, because he saved another's life at the expense

of his own. Again, if in case of a defeat and rout, when the enemy were

pressing in the rear, this just man should find a wounded comrade

mounted on a horse, shall he respect his right at the risk of being

killed himself, or shall he fling him from the horse in order to

preserve his own life from the pursuers? If he does so, he is a wise

man, but at the same time a wicked one; if he does not, he is admirably

just, but at the same time stupid.

XXI. _Scipio._ I might reply at great length to these sophistical

objections of Philus, if it were not, my Lælius, that all our friends

are no less anxious than myself to hear you take a leading part in the

present debate, especially as you promised yesterday that you would

plead at large on my side of the argument. If you cannot spare time for

this, at any rate do not desert us; we all ask it of you.

_Lælius._ This Carneades ought not to be even listened to by our young

men. I think all the while that I am hearing him that he must be a very

impure person; if he be not, as I would fain believe, his discourse is

not less pernicious.

XXII.[344] True law is right reason conformable to nature, universal,

unchangeable, eternal, whose commands urge us to duty, and whose

prohibitions restrain us from evil. Whether it enjoins or forbids, the

good respect its injunctions, and the wicked treat them with

indifference. This law cannot be contradicted by any other law, and is

not liable either to derogation or abrogation. Neither the senate nor

the people can give us any dispensation for not obeying this universal

law of justice. It needs no other expositor and interpreter than our

own conscience. It is not one thing at Rome, and another at Athens; one

thing to-day, and another to-morrow; but in all times and nations this

universal law must forever reign, eternal and imperishable. It is the

sovereign master and emperor of all beings. God himself is its author,

its promulgator, its enforcer. And he who does not obey it flies from

himself, and does violence to the very nature of man. And by so doing

he will endure the severest penalties even if he avoid the other evils

which are usually accounted punishments.

XXIII. I am aware that in the third book of Cicero's treatise

on the Commonwealth (unless I am mistaken) it is argued that

no war is ever undertaken by a well-regulated commonwealth

unless it be one either for the sake of keeping faith, or for

safety; and what he means by a war for safety, and what

safety he wishes us to understand, he points out in another

passage, where he says, "But private men often escape from

these penalties, which even the most stupid persons

feel--want, exile, imprisonment, and stripes--by embracing

the opportunity of a speedy death; but to states death itself

is a penalty, though it appears to deliver individuals from

punishment. For a state ought to be established so as to be

eternal: therefore, there is no natural decease for a state,

as there is for a man, in whose case death is not only

inevitable, but often even desirable; but when a state is put

an end to, it is destroyed, extinguished. It is in some

degree, to compare small things with great, as if this whole

world were to perish and fall to pieces."

In his treatise on the Commonwealth, Cicero says those wars

are unjust which are undertaken without reason. Again, after

a few sentences, he adds, No war is considered just unless it

be formally announced and declared, and unless it be to

obtain restitution of what has been taken away.

But our nation, by defending its allies, has now become the

master of all the whole world.

XXIV. Also, in that same treatise on the Commonwealth, he

argues most strenuously and vigorously in the cause of

justice against injustice. And since, when a little time

before the part of injustice was upheld against justice, and

the doctrine was urged that a republic could not prosper and

flourish except by injustice, this was put forward as the

strongest argument, that it was unjust for men to serve other

men as their masters; but that unless a dominant state, such

as a great republic, acted on this injustice, it could not

govern its provinces; answer was made on behalf of justice,

that it was just that it should be so, because slavery is

advantageous to such men, and their interests are consulted

by a right course of conduct--that is, by the license of

doing injury being taken from the wicked--and they will fare

better when subjugated, because when not subjugated they

fared worse: and to confirm this reasoning, a noble instance,

taken, as it were, from nature, was added, and it was said,

Why, then, does God govern man, and why does the mind govern

the body, and reason govern lust, and the other vicious parts

of the mind?

XXV. Hear what Tully says more plainly still in the third

book of his treatise on the Commonwealth, when discussing the

reasons for government. Do we not, says he, see that nature

herself has given the power of dominion to everything that is

best, to the extreme advantage of what is subjected to it?

Why, then, does God govern man, and why does the mind govern

the body, and reason govern lust and passion and the other

vicious parts of the same mind? Listen thus far; for

presently he adds, But still there are dissimilarities to be

recognized in governing and in obeying. For as the mind is

said to govern the body, and also to govern lust, still it

governs the body as a king governs his subjects, or a parent

his children; but it governs lust as a master governs his

slaves, because it restrains and breaks it. The authority of

kings, of generals, of magistrates, of fathers, and of

nations, rules their subjects and allies as the mind rules

bodies; but masters control their slaves, as the best part of

the mind--that is to say, wisdom--controls the vicious and

weak parts of itself, such as lust, passion, and the other

perturbations.

For there is a kind of unjust slavery when those belong to

some one else who might be their own masters; but when those

are slaves who cannot govern themselves, there is no injury

done.

XXVI. If, says Carneades, you were to know that an asp was

lying hidden anywhere, and that some one who did not know it

was going to sit upon it, whose death would be a gain to you,

you would act wickedly if you did not warn him not to sit

down. Still, you would not be liable to punishment; for who

could prove that you had known? But we are bringing forward

too many instances; for it is plain that unless equity, good

faith, and justice proceed from nature, and if all these

things are referred to interest, a good man cannot be found.

And on these topics a great deal is said by Lælius in our

treatise on the Republic.

If, as we are reminded by you, we have spoken well in that

treatise, when we said that nothing is good excepting what is

honorable, and nothing bad excepting what is disgraceful.

* * *

XXVII. I am glad that you approve of the doctrine that the

affection borne to our children is implanted by nature;

indeed, if it be not, there can be no conection between man

and man which has its origin in nature. And if there be not,

then there is an end of all society in life. May it turn out

well, says Carneades, speaking shamelessly, but still more

sensibly than my friend Lucius or Patro: for, as they refer

everything to themselves, do they think that anything is ever

done for the sake of another? And when they say that a man

ought to be good, in order to avoid misfortune, not because

it is right by nature, they do not perceive that they are

speaking of a cunning man, not of a good one. But these

arguments are argued, I think, in those books by praising

which you have given me spirits.

In which I agree that an anxious and hazardous justice is not

that of a wise man.

XXVIII. And again, in Cicero, that same advocate of justice,

Lælius, says, Virtue is clearly eager for honor, nor has she

any other reward; which, however, she accepts easily, and

exacts without bitterness. And in another place the same

Lælius says:

When a man is inspired by virtue such as this, what bribes can you

offer him, what treasures, what thrones, what empires? He considers

these but mortal goods, and esteems his own divine. And if the

ingratitude of the people, and the envy of his competitors, or the

violence of powerful enemies, despoil his virtue of its earthly

recompense, he still enjoys a thousand consolations in the approbation

of conscience, and sustains himself by contemplating the beauty of

moral rectitude.

XXIX. * * * This virtue, in order to be true, must be universal.

Tiberius Gracchus continued faithful to his fellow-citizens, but he

violated the rights and treaties guaranteed to our allies and the Latin

peoples. But if this habit of arbitrary violence begins to extend

itself further, and perverts our authority, leading it from right to

violence, so that those who had voluntarily obeyed us are only

restrained by fear, then, although we, during our days, may escape the

peril, yet am I solicitous respecting the safety of our posterity and

the immortality of the Commonwealth itself, which, doubtless, might

become perpetual and invincible if our people would maintain their

ancient institutions and manners.

XXX. When Lælius had ceased to speak, all those that were present

expressed the extreme pleasure they found in his discourse. But Scipio,

more affected than the rest, and ravished with the delight of sympathy,

exclaimed: You have pleaded, my Lælius, many causes with an eloquence

superior to that of Servius Galba, our colleague, whom you used during

his life to prefer to all others, even to the Attic orators [and never

did I hear you speak with more energy than to-day, while pleading the

cause of justice][345] * * *

* * * That two things were wanting to enable him to speak in

public and in the forum, confidence and voice.

XXXI. * * * This justice, continued Scipio, is the very foundation of

lawful government in political constitutions. Can we call the State of

Agrigentum a commonwealth, where all men are oppressed by the cruelty

of a single tyrant--where there is no universal bond of right, nor

social consent and fellowship, which should belong to every people,

properly so named? It is the same in Syracuse--that illustrious city

which Timæus calls the greatest of the Grecian towns. It was indeed a

most beautiful city; and its admirable citadel, its canals distributed

through all its districts, its broad streets, its porticoes, its

temples, and its walls, gave Syracuse the appearance of a most

flourishing state. But while Dionysius its tyrant reigned there,

nothing of all its wealth belonged to the people, and the people were

nothing better than the slaves of one master. Thus, wherever I behold a

tyrant, I know that the social constitution must be not merely vicious

and corrupt, as I stated yesterday, but in strict truth no social

constitution at all.

XXXII. _Lælius._ You have spoken admirably, my Scipio, and I see the

point of your observations.

_Scipio._ You grant, then, that a state which is entirely in the power

of a faction cannot justly be entitled a political community?

_Lælius._ That is evident.

_Scipio._ You judge most correctly. For what was the State of Athens

when, during the great Peloponnesian war, she fell under the unjust

domination of the thirty tyrants? The antique glory of that city, the

imposing aspect of its edifices, its theatre, its gymnasium, its

porticoes, its temples, its citadel, the admirable sculptures of

Phidias, and the magnificent harbor of Piræus--did they constitute it a

commonwealth?

_Lælius._ Certainly not, because these did not constitute the real

welfare of the community.

_Scipio._ And at Rome, when the decemvirs ruled without appeal from

their decisions, in the third year of their power, had not liberty lost

all its securities and all its blessings?

_Lælius._ Yes; the welfare of the community was no longer consulted,

and the people soon roused themselves, and recovered their appropriate

rights.

XXXIII. _Scipio._ I now come to the third, or democratical, form of

government, in which a considerable difficulty presents itself, because

all things are there said to lie at the disposition of the people, and

are carried into execution just as they please. Here the populace

inflict punishments at their pleasure, and act, and seize, and keep

possession, and distribute property, without let or hinderance. Can you

deny, my Lælius, that this is a fair definition of a democracy, where

the people are all in all, and where the people constitute the State?

_Lælius._ There is no political constitution to which I more absolutely

deny the name of a _commonwealth_ than that in which all things lie in

the power of the multitude. If a commonwealth, which implies the

welfare of the entire community, could not exist in Agrigentum,

Syracuse, or Athens when tyrants reigned over them--if it could not

exist in Rome when under the oligarchy of the decemvirs--neither do I

see how this sacred name of commonwealth can be applied to a democracy

and the sway of the mob; because, in the first place, my Scipio, I

build on your own admirable definition, that there can be no community,

properly so called, unless it be regulated by a combination of rights.

And, by this definition, it appears that a multitude of men may be just

as tyrannical as a single despot; and it is so much the worse, since no

monster can be more barbarous than the mob, which assumes the name and

appearance of the people. Nor is it at all reasonable, since the laws

place the property of madmen in the hands of their sane relations, that

we should do the [very reverse in politics, and throw the property of

the sane into the hands of the mad multitude][346] * * *

XXXIV. * * * [It is far more rational] to assert that a wise and

virtuous aristocratical government deserves the title of a

commonwealth, as it approaches to the nature of a kingdom.

And much more so in my opinion, said Mummius. For the unity of power

often exposes a king to become a despot; but when an aristocracy,

consisting of many virtuous men, exercise power, that is the most

fortunate circumstance possible for any state. However this be, I much

prefer royalty to democracy; for that is the third kind of government

which you have remaining, and a most vicious one it is.

XXXV. Scipio replied: I am well acquainted, my Mummius, with your

decided antipathy to the democratical system. And, although, we may

speak of it with rather more indulgence than you are accustomed to

accord it, I must certainly agree with you, that of all the three

particular forms of government, none is less commendable than

democracy.

I do not agree with you, however, when you would imply that aristocracy

is preferable to royalty. If you suppose that wisdom governs the State,

is it not as well that this wisdom should reside in one monarch as in

many nobles?

But we are led away by a certain incorrectness of terms in a discussion

like the present. When we pronounce the word "aristocracy," which, in

Greek, signifies the government of the best men, what can be conceived

more excellent? For what can be thought better than the best? But when,

on the other hand, the title "king" is mentioned, we begin to imagine a

tyrant; as if a king must be necessarily unjust. But we are not

speaking of an unjust king when we are examining the true nature of

royal authority. To this name of king, therefore, do but attach the

idea of a Romulus, a Numa, a Tullus, and perhaps you will be less

severe to the monarchical form of constitution.

_Mummius_. Have you, then, no commendation at all for any kind of

democratical government?

_Scipio._ Why, I think some democratical forms less objectionable than

others; and, by way of illustration, I will ask you what you thought of

the government in the isle of Rhodes, where we were lately together;

did it appear to you a legitimate and rational constitution?

_Mummius_. It did, and not much liable to abuse.

_Scipio._ You say truly. But, if you recollect, it was a very

extraordinary experiment. All the inhabitants were alternately senators

and citizens. Some months they spent in their senatorial functions, and

some months they spent in their civil employments. In both they

exercised judicial powers; and in the theatre and the court, the same

men judged all causes, capital and not capital. And they had as much

influence, and were of as much importance as * * *

FRAGMENTS.

XXXVI. There is therefore some unquiet feeling in

individuals, which either exults in pleasure or is crushed by

annoyance.

[_The next is an incomplete sentence, and, as such,

unintelligible_.]

The Phoenicians were the first who by their commerce, and by

the merchandise which they carried, brought avarice and

magnificence and insatiable degrees of everything into

Greece.

Sardanapalus, the luxurious king of Assyria, of whom Tully,

in the third book of his treatise on the Republic, says, "The

notorious Sardanapalus, far more deformed by his vices than

even by his name."

What is the meaning, then, of this absurd acceptation, unless

some one wishes to make the whole of Athos a monument? For

what is Athos or the vast Olympus? * * *

XXXVII. I will endeavor in the proper place to show it,

according to the definitions of Cicero himself, in which,

putting forth Scipio as the speaker, he has briefly explained

what a commonwealth and what a republic is; adducing also

many assertions of his own, and of those whom he has

represented as taking part in that discussion, to the effect

that the State of Rome was not such a commonwealth, because

there has never been genuine justice in it. However,

according to definitions which are more reasonable, it was a

commonwealth in some degree, and it was better regulated by

the more ancient than by the later Romans.

It is now fitting that I should explain, as briefly and as

clearly as I can, what, in the second book of this work, I

promised to prove, according to the definitions which Cicero,

in his books on the Commonwealth, puts into the mouth of

Scipio, arguing that the Roman State was never a

commonwealth; for he briefly defines a commonwealth as a

state of the people; the people as an assembly of the

multitude, united by a common feeling of right, and a

community of interests. What he calls a common feeling of

right he explains by discussion, showing in this way that a

commonwealth cannot proceed without justice. Where,

therefore, there is no genuine justice, there can be no

right, for that which is done according to right is done

justly; and what is done unjustly cannot be done according to

right, for the unjust regulations of men are not to be called

or thought rights; since they themselves call that right

(_jus_) which flows from the source of justice: and they say

that that assertion which is often made by some persons of

erroneous sentiments, namely, that that is right which is

advantageous to the most powerful, is false. Wherefore, where

there is no true justice there can be no company of men

united by a common feeling of right; therefore there can be

no people (_populus_), according to that definition of Scipio

or Cicero: and if there be no people, there can be no state

of the people, but only of a mob such as it may be, which is

not worthy of the name of a people. And thus, if a

commonwealth is a state of a people, and if that is not a

people which is not united by a common feeling of right, and

if there is no right where there is no justice, then the

undoubted inference is, that where there is no justice there

is no commonwealth. Moreover, justice is that virtue which

gives every one his own.

No war can be undertaken by a just and wise state unless for faith or

self-defence. This self-defence of the State is enough to insure its

perpetuity, and this perpetuity is what all patriots desire. Those

afflictions which even the hardiest spirits smart under--poverty,

exile, prison, and torment--private individuals seek to escape from by

an instantaneous death. But for states, the greatest calamity of all is

that of death, which to individuals appears a refuge. A state should be

so constituted as to live forever. For a commonwealth there is no

natural dissolution as there is for a man, to whom death not only

becomes necessary, but often desirable. And when a state once decays

and falls, it is so utterly revolutionized, that, if we may compare

great things with small, it resembles the final wreck of the universe.

All wars undertaken without a proper motive are unjust. And no war can

be reputed just unless it be duly announced and proclaimed, and if it

be not preceded by a rational demand for restitution.

Our Roman Commonwealth, by defending its allies, has got possession of

the world.

* * * * *

INTRODUCTION TO THE FOURTH BOOK,

BY THE ORIGINAL TRANSLATOR.

In this fourth book Cicero treats of morals and education, and

the use and abuse of stage entertainments. We retain nothing

of this important book save a few scattered fragments, the

beauty of which fills us with the greater regret for the

passages we have lost.

Cicero's Tusculan Disputations Also, Treatises On The Nature Of The Gods, And On The Commonwealth · 第 3 / 6 章