The orations of Cato the Censor have been already mentioned as remarkable

for their rude but masculine eloquence. When Cato was in the decline of

life, a more rich and copious mode of speaking at length began to prevail.

Ser. Galba, by the warmth and animation of his delivery, eclipsed Cato and

all his contemporaries. He was the first among the Romans who displayed

the distinguishing talents of an orator, by embellishing his subject,—by

digressing, amplifying, entreating, and employing what are called topics,

or common-places of discourse. On one occasion, while defending himself

against a grave accusation, he melted his judges to compassion, by

producing an orphan relative, whose father had been a favourite of the

people. When his orations, however, were afterwards reduced to writing,

their fire appeared extinguished, and they preserved none of that lustre

with which his discourses are said to have shone when given forth by the

living orator. Cicero accounts for this from his want of sufficient study

and art in composition. While his mind was occupied and warmed by the

subject, his language was bold and rapid; but when he took up the pen, his

emotion ceased, and the periods fell languid from its point; “which,”

continues he, “never happened to those who, having cultivated a more

studied and polished style of oratory, wrote as they spoke. Hence the mind

of Lælius yet breathes in his writings, though the force of Galba has

failed.” It appears, however, from an anecdote recorded by Cicero, that

Galba was esteemed the first orator of his age by the judges, the people,

and Lælius himself.—Lælius, being intrusted with the defence of certain

persons suspected of having committed a murder in the Silian forest, spoke

for two days, correctly, elegantly, and with the approbation of all, after

which the Consuls deferred judgment. He then recommended the accused to

carry their cause to Galba, as it would be defended by him with more heat

and vehemence. Galba, in consequence, delivered a most forcible and

pathetic harangue, and after it was finished, his clients were absolved as

if by acclamation(229). Hence Cicero surmises, that though Lælius might be

the more learned and acute disputant, Galba possessed more power over the

passions; he also conjectures, that the former had more elegance, but the

latter more force; and he concludes, that the orator who can move or

agitate his judges, farther advances his cause than he who can instruct

them.

Lælius is also compared by Cicero with his friend, the younger Scipio

Africanus, in whose presence, this question concerning the Silian murder

was debated. They were almost equally distinguished for their eloquence;

and they resembled each other in this respect, that they both invariably

delivered themselves in a smooth manner, and never, like Galba, exerted

themselves with loudness of speech or violence of gesture(230); but their

style of oratory was different,—Lælius affecting a much more ancient

phraseology than that adopted by his friend. Cicero himself seems inclined

most to admire the rhetoric of Scipio; but he says, that, being so

renowned a captain, and mankind being unwilling to allow supremacy to one

individual, in what are considered as the two greatest of arts, his

contemporaries for the most part awarded to Lælius the palm of eloquence.

The intercourse which was by this time opening up with Greece, and the

encouragement now afforded to Greek teachers, who always possessed the

undisputed privilege of dictating the precepts of the arts, produced the

same improvement m oratory that it had effected in every branch of

literature. Marcus Emilius Lepidus was a little younger than Galba or

Scipio, and was Consul in 617. From his orations, which were extant in the

time of Cicero, it appeared that he was the first who, in imitation of the

Greeks, gave harmony and sweetness to his periods, or the graces of a

style regularly polished and improved by art.

Cicero mentions a number of other orators of the same age with Lepidus,

and minutely paints their peculiar styles of rhetoric. We find among them

the names of almost all the eminent men of the period, as Emilius Paulus,

Scipio Nasica, and Mucius Scævola. The importance of eloquence for the

purposes of political aggrandizement, is sufficiently evinced, from this

work of Cicero, _De Claris Oratoribus_, since there is scarcely an orator

mentioned, even of inferior note, who did not at this time rise to the

highest offices in the state.

The political situation of Rome, and the internal inquietude which now

succeeded its foreign wars, were the great promoters of eloquence. We hear

of no orators in Sparta or Crete, where the severest discipline was

exercised, and where the people were governed by the strictest laws. But

Rhodes and Athens, places of popular rule, where all things were open to

all men, swarmed with orators. In like manner, Rome, when most torn with

civil dissensions, produced the brightest examples of eloquence. Cicero

declares, that wisdom without eloquence was of little service to the

state(231); and from the political circumstances of the times, that sort

of oratory was most esteemed which had most sway over a restless and

ungovernable multitude. The situation of public affairs occasioned those

continual debates concerning the Agrarian Laws, and the consequent

popularity acquired by the most factious demagogues. Hence, too, those

frequent impeachments of the great—those ambitious designs of the

patricians—those hereditary enmities in particular families—in fine, those

incessant struggles between the Senate and plebeians, which, though all

prejudicial to the commonwealth, contributed to swell and ramify that rich

vein of eloquence, which now flowed so profusely through the agitated

frame of the state. During the whole period previous to the actual

breaking out of the civil wars, when the Romans turned the sword against

each other, and the mastery of the world depended on its edge, oratory

continued to open the most direct path to dignities. The farther a Roman

citizen advanced in this career, so much nearer was he to preferment, so

much the greater his reputation with the people; and when elevated to the

dignified offices of the state, so much the higher his ascendancy over his

colleagues.

The Gracchi were the genuine offspring, and their eloquence the natural

fruits of these turbulent times. Till their age, oratory had been a sort

of _Arcanum imperii_,—an instrument of government in the power of the

Senate, who used every precaution to retain its exclusive exercise. It was

the great bulwark that withstood the tide of popular passion, and weakened

it so as not to beat too high or strongly on their own order and

authority. The Gracchi not only broke down the embankment, but turned the

flood against the walls of the Senate itself. The interests of the people

had never yet been espoused by men endued with eloquence equal to theirs.

Cicero, while blaming their political conduct, admits that both were

consummate orators; and this he testifies from the recollection of persons

still surviving in his day, and who remembered their mode of speaking.

Indeed, the wonderful power which both brothers exercised over the people

is a sufficient proof of their eloquence. Tiberius Gracchus was the first

who made rhetoric a serious study and art. In his boyhood, he was

carefully instructed in elocution by his mother Cornelia: he also

constantly attended the ablest and most eloquent masters from Greece, and,

as he grew up, he bestowed much time on the exercise of private

declamation. It is not likely, that, gifted as he was by nature, and thus

instructed, the powers of eloquence should long have remained dormant in

his bosom. At the time when he first appeared on the turbulent stage of

Roman life, the accumulation of landed property among a few individuals,

and the consequent abuse of exorbitant wealth, had filled Italy with

slaves instead of citizens—had destroyed the habits of rural industry

among the people at large, and leaving only rich masters at the head of

numerous and profligate servants, gradually rooted out those middle

classes of society which constitute the strength, the worth, and the best

hopes of every well-regulated commonwealth. It is said, that while passing

through Etruria on his way to Numantia, Tiberius Gracchus found the

country almost depopulated of freemen, and thence first formed the project

of his Agrarian law, which was originally intended to correct the evils

arising from the immense landed possessions of the rich, by limiting them

to the number of acres specified in the ancient enactments(232), and

dividing the conquered territories among the poorer citizens. Preparatory

to its promulgation, he was wont to assemble the people round the rostrum,

where he pleaded for the poor, in language of which we have a specimen in

Plutarch: “The wild beasts of Italy have their dens to retire to—their

places of refuge and repose; while the brave men who shed their blood in

the cause of their country, have nothing left but fresh air and sunshine.

Without houses, without settled habitations, they wander from place to

place with their wives and children; and their commanders do but mock

them, when, at the head of their armies, they exhort their soldiers to

fight for their sepulchres and altars. For, among such numbers, there is

not one Roman who has an altar which belonged to his ancestors, or a tomb

in which their ashes repose. The private soldiers fight and die to

increase the wealth and luxury of the great; and they are styled

sovereigns of the world, while they have not a foot of ground they can

call their own(233).” By such speeches as these, the people were

exasperated to fury, and the Senate was obliged to have recourse to

Octavius, who, as one of the tribunes, was the colleague of Gracchus, to

counteract the effects of his animated eloquence. Irritated by this

opposition, Gracchus abandoned the first plan of his law, which was to

give indemnification from the public treasury to those who should be

deprived of their estates, and proposed a new bill, by which they were

enjoined forthwith to quit those lands which they held contrary to

previous enactments. On this subject there were daily disputes between him

and Octavius on the rostrum. Finding that his plans could not otherwise be

accomplished he resolved on the expedient of deposing his colleague; and

thenceforth, to the period of his death, his speeches (one of which is

preserved by Plutarch) were chiefly delivered in persuasion or

justification of that violent measure.

Caius Gracchus was endued with higher talents than Tiberius, but the

resentment he felt on account of his brother’s death, and eager desire for

vengeance, led him into measures which have darkened his character with

the shades of the demagogue. At the time of his brother’s death he had

only reached the age of twenty. In early youth, he distinguished himself

by the defence of one of his friends named Vettius, and charmed the people

by the eloquence which he exerted. He appears soon afterwards to have been

impelled, as it were, by a sort of destiny, to the same political course

which had proved fatal to his brother, and which terminated in his own

destruction. His speeches were all addressed to the people, and were

delivered in proposing laws, calculated to increase their authority, and

lessen that of the Senate,—as those for colonizing the public lands, and

dividing them among the poor; for regulating the markets, so as to

diminish the price of bread, and for vesting the judicial power in the

knights. A fragment of his speech, _De Legibus Promulgatis_, is said to

have been recently discovered, with other classical remains, in the

Ambrosian Library. Aulus Gellius also quotes from this harangue, a

passage, in which the orator complained that some respectable citizens of

a municipal town in Italy had been scourged with rods by a Roman

magistrate. Gellius praises the conciseness, neatness, and graceful ease

of the narrative, resembling dramatic dialogue, in which this incident was

related. Similar, but only similar qualities, appear in his accusation of

the Roman legate, who, while travelling to Asia in a litter, caused a

peasant to be scourged to death, for having asked his slaves if it was a

corpse they were carrying. “The relation of these events,” says Gellius,

“does not rise above the level of ordinary conversation. It is not a

person complaining or imploring, but merely relating what had occurred;”

and he contrasts this tameness with the energy and ardour with which

Cicero has painted the commission of a like enormity by Verres(234).

Though similar in many points of character and also in their political

conduct, there was a marked difference in the style of eloquence, and

forensic demeanour, of the two brothers. Tiberius, in his looks and

gestures, was mild and composed—Caius, earnest and vehement; so that when

they spoke in public, Tiberius had the utmost moderation in his action,

and moved not from his place: whereas Caius was the first of the Romans,

who, in addressing the people, walked to and fro in the rostrum, threw his

gown off his shoulder, smote his thigh, and exposed his arm bare(235). The

language of Tiberius was laboured and accurate, that of Caius bold and

figurative. The oratory of the former was of a gentle kind, and pity was

the emotion it chiefly raised—that of the latter was strongly impassioned,

and calculated to excite terror. In speaking, indeed, Caius was often so

hurried away by the violence of his passion, that he exalted his voice

above the regular pitch, indulged in abusive expressions, and disordered

the whole tenor of his oration. In order to guard against such excesses,

he stationed a slave behind him with an ivory flute, which was modulated

so as to lead him to lower or heighten the tone of his voice, according as

the subject required a higher or a softer key. “The flute,” says Cicero,

“you may as well leave at home, but the meaning of the practice you must

remember at the bar(236).”

In the time of the Gracchi, oratory became an object of assiduous and

systematic study, and of careful education. A youth, intended for the

profession of eloquence, was usually introduced to one of the most

distinguished orators of the city, whom he attended when he had occasion

to speak in any public or private cause, or in the assemblies of the

people, by which means he heard not only him, but every other famous

speaker. He thus became practically acquainted with business and the

courts of justice, and learned the arts of oratoric conflict, as it were,

in the field of battle. “It animated,” says the author of the dialogue _De

Causis Corruptæ Eloquentiæ_,—“it animated the courage, and quickened the

judgment of youth, thus to receive their instructions in the eye of the

world, and in the midst of affairs, where no one could advance an absurd

or weak argument, without being exposed by his adversary, and despised by

the audience. Hence, they had also an opportunity of acquainting

themselves with the various sentiments of the people, and observing what

pleased or disgusted them in the several orators of the Forum. By these

means they were furnished with an instructor of the best and most

improving kind, exhibiting not the feigned resemblance of eloquence, but

her real and lively manifestation—not a pretended but genuine adversary,

armed in earnest for the combat—an audience ever full and ever new,

composed of foes as well as of friends, and amongst whom not a single

expression could fall but was either censured or applauded.”

The minute attention paid by the younger orators to all the proceedings of

the courts of justice, is evinced by the fragment of a Diary, which was

kept by one of them in the time of Cicero, and in which we have a record,

during two days, of the various harangues that were delivered, and the

judgments that were pronounced(237).

Nor were the advantages to be derived from fictitious oratorical contests

long denied to the Roman youth. The practice of declaiming on feigned

subjects, was introduced at Rome about the middle of its seventh century.

The Greek rhetoricians, indeed, had been expelled, as well as the

philosophers, towards the close of the preceding century; but, in the year

661, Plotius Gallus, a Latin rhetorician, opened a declaiming school at

Rome. At this period, however, the declamations generally turned on

questions of real business, and it was not till the time of Augustus, that

the rhetoricians so far prevailed, as to introduce common-place arguments

on fictitious subjects.

The eloquence which had originally been cultivated for seditious purposes,

and for political advancement, began now to be considered by the Roman

youth as an elegant accomplishment. It was probably viewed in the same

light that we regard horsemanship or dancing, and continued to be so in

the age of Horace—

“Namque, et nobilis, et decens,

Et pro sollicitis non tacitus reis,

Et centum puer artium,

Latè signa feret militiæ suæ(238).”

Under all these circumstances it is evident, that in the middle of the

seventh century oratory would be neglected by none; and in an art so

sedulously studied, and universally practised, many must have been

proficients. It would be endless to enumerate all the public speakers

mentioned by Cicero, whose catalogue is rather extensive and dry. We may

therefore proceed to those two orators, whom he commemorates as having

first raised the glory of Roman eloquence to an equality with that of

Greece—Marcus Antonius, and Lucius Crassus.

The former, sirnamed _Orator_, and grandfather of the celebrated triumvir,

was the most employed patron of his time; and, of all his contemporaries,

was chiefly courted by clients, as he was ever willing to undertake any

cause which was proposed to him. He possessed a ready memory, and

remarkable talent of introducing everything where it could be placed with

most effect. He had a frankness of manner which precluded any suspicion of

artifice, and gave to all his orations an appearance of being the

unpremeditated effusions of an honest heart. But though there was no

apparent preparation in his speeches, he always spoke so well, that the

judges were never sufficiently prepared against the effects of his

eloquence. His language was not perfectly pure, or of a constantly

sustained elegance, but it was of a solid and judicious character, well

adapted to his purpose—his gesture, too, was appropriate, and suited to

the sentiments and language—his voice was strong and durable, though

naturally hoarse—but even this defect he turned to advantage, by

frequently and easily adopting a mournful and querulous tone, which, in

criminal questions, excited compassion, and more readily gained the belief

of the judges. He left, however, as we are informed by Cicero, hardly any

orations behind him(239), having resolved never to publish any of his

pleadings, lest he should be convicted of maintaining in one cause

something which was inconsistent with what he had alleged in another(240).

The first oration by which Antony distinguished himself, was in his own

defence. He had obtained the quæstorship of a province of Asia, and had

arrived at Brundusium to embank there, when his friends informed him that

he had been summoned before the Prætor Cassius, the most rigid judge in

Rome, whose tribunal was termed the rock of the accused. Though he might

have pleaded a privilege, which forbade the admission of charges against

those who were absent on the service of the republic, he chose to justify

himself in due form. Accordingly, he returned to Rome, stood his trial,

and was acquitted with honour(241).

One of the most celebrated orations which Antony pronounced, was that in

defence of Norbanus, who was accused of sedition, and a violent assault on

the magistrate, Æmilius Cæpio. He began by attempting to show from

history, that seditions may sometimes be justifiable from necessity; that

without them the kings would not have been expelled, or the tribunes of

the people created. The orator then proceeded to insinuate, that his

client had not been seditious, but that all had happened through the just

indignation of the people; and he concluded with artfully attempting to

renew the popular odium against Cæpio, who had been an unsuccessful

commander(242).

What Cicero relates concerning Antony’s defence of Aquilius, is an example

of his power in moving the passions, and is, at the same time, extremely

characteristic of the manner of Roman pleading. Antony, who is one of the

speakers in the dialogue _De Oratore_, is introduced relating it himself.

Seeing his client, who had once been Consul and a leader of armies,

reduced to a state of the utmost dejection and peril, he had no sooner

begun to speak, with a view towards melting the compassion of others, than

he was melted himself. Perceiving the emotion of the judges when he raised

his client from the earth, on which he had thrown himself, he instantly

took advantage of this favourable feeling. He tore open the garments of

Aquilius, and showed the scars of those wounds which he had received in

the service of his country. Even the stern Marius wept. Him the orator

then apostrophized; imploring his protection, and invoking with many tears

the gods, the citizens, and the allies of Rome. “But whatever I could have

said,” remarks he in the dialogue, “had I delivered it without being

myself moved, it would have excited the derision, instead of the sympathy,

of those who heard me(243).”

Antony, in the course of his life, had passed through all the highest

offices of the state. The circumstances of his death, which happened in

666, during the civil wars of Marius and Sylla, were characteristic of his

predominant talent. During the last proscription by Marius, he sought

refuge in the house of a poor person, whom he had laid under obligations

to him in the days of his better fortune. But his retreat being

discovered, from the circumstance of his host procuring for him some wine

nicer than ordinary, the intelligence was carried to Marius, who received

it with a savage shout of exultation, and, clapping his hands for joy, he

would have risen from table, and instantly repaired to the place where his

enemy was concealed; but, being detained by his friends, he immediately

despatched a party of soldiers, under a tribune, to slay him. The soldiers

having entered his chamber for this purpose, and Antony suspecting their

errand, addressed them in terms of such moving and insinuating eloquence,

that his assassins burst into tears, and had not sufficient resolution to

execute their mission. The officer who commanded them then went in, and

cut off his head(244), which he carried to Marius, who affixed it to that

rostrum, whence, as Cicero remarks, he had ably defended the lives of so

many of his fellow-citizens(245); little aware that he would soon himself

experience, from another Antony, a fate similar to that which he deplores

as having befallen the grandsire of the triumvir.

Crassus, the forensic rival of Antony, had prepared himself in his youth,

for public speaking, by digesting in his memory a chosen number of

polished and dignified verses, or a certain portion of some oration which

he had read over, and then delivering the same matter in the best words he

could select(246). Afterwards, when he grew a little older, he translated

into Latin some of the finest Greek orations, and, at the same time, used

every mental and bodily exertion to improve his voice, his action, and

memory. He commenced his oratorical career at the early age of nineteen,

when he acquired much reputation by his accusation of C. Carbo; and he,

not long afterwards, greatly heightened his fame, by his defence of the

virgin Licinia. Another of the best speeches of Crassus, was that

addressed to the people in favour of the law of Servilius Cæpio, restoring

in part the judicial power to the Senate, of which they had been recently

deprived, in order to vest it solely in the body of knights. But the most,

splendid of all the appearances of Crassus, was one that proved the

immediate cause of his death, which happened in 662, a short while before

the commencement of the civil wars of Marius and Sylla; and a few days

after the time in which he is supposed to have borne his part in the

dialogue _De Oratore_. The Consul Philippus had declared, in one of the

assemblies of the people, that some other advice must be resorted to,

since, with such a Senate as then existed, he could no longer direct the

affairs of the government. A full Senate being immediately summoned,

Crassus arraigned, in terms of the most glowing eloquence, the conduct of

this Consul, who, instead of acting as the political parent and guardian

of the Senate, sought to deprive its members of their ancient inheritance

of respect and dignity. Being farther irritated by an attempt on the part

of Philippus, to force him into compliance with his designs, he exerted,

on this occasion, the utmost efforts of his genius and strength; but he

returned home with a pleuritic fever, of which he died in the course of

seven days. This oration of Crassus, followed as it was by his almost

immediate death, made a deep impression on his countrymen; who, long

afterwards, were wont to repair to the senate-house, for the purpose of

viewing the spot where he had last stood, and fallen, as it may be said,

in defence of the privileges of his order.

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