It was the authority of the Senate, with the calm and imposing aspect of

its deliberations, that gave to Latin oratory a somewhat different

character from the eloquence of Greece, to which, in consequence of the

Roman spirit of imitation, it bore, in many respects, so close a

resemblance. The power of the Areopagus, which was originally the most

dignified assembly at Athens, had been retrenched amid the democratic

innovations of Pericles. From that period, everything, even the most

important affairs of state, depended entirely, in the pure democracy of

Athens, on the opinion, or rather the momentary caprice of an inconstant

people, who were fond of pleasure and repose, who were easily swayed by

novelty, and were confident in their power. As their precipitate decisions

thus often hung on an instant of enthusiasm, the orator required to dart

into their bosoms those electric sparks of eloquence which inflamed their

passions, and left no corner of the mind fitted for cool consideration. It

was the business of the speaker to allow them no time to recover from the

shock, for its force would have been spent had they been permitted to

occupy themselves with the beauties of style and diction. “Applaud not the

orator,” says Demosthenes, at the end of one of his Philippics, “but do

what I have recommended. I cannot save you by my words, you must save

yourselves by your actions.” When the people were persuaded, every thing

was accomplished, and their decision was embodied in a sort of decree by

the orator. The people of Rome, on the other hand, were more reflective

and moderate, and less vain than the Athenians; nor was the whole

authority of the state vested in them. There was, on the contrary, an

accumulation of powers, and a complication of different interests to be

managed. Theoretically, indeed, the sovereignty was in the people, but the

practical government was intrusted to the Senate. As we see from Cicero’s

third oration, _De Lege Agraria_, the same affairs were often treated at

the same time in the Senate and on the Rostrum. Hence, in the judicial and

legislative proceedings, in which, as we have seen, the feelings of the

judges and prejudices of the vulgar were so frequently appealed to, some

portion of the senatorial spirit pervaded and controlled the popular

assemblies, restrained the impetuosity of decision, and gave to those

orators of the Forum, or Comitia, who had just spoken, or were to speak

next day in the Senate, a more grave and temperate tone, than if their

tongues had never been employed but for the purpose of impelling a

headlong multitude.

But if the Greeks were a more impetuous and inconstant, they were also a

more intellectual people than the Romans. Literature and refinement were

more advanced in the age of Pericles than of Pompey. Now, in oratory, a

popular audience must be moved by what corresponds to the feelings and

taste of the age. With such an intelligent race as the Greeks, the orator

was obliged to employ the most accurate reasoning, and most methodical

arrangement of his arguments. The flowers of rhetoric, unless they grew

directly from the stem of his discourse, were little admired. The Romans,

on the other hand, required the excitation of fancy, of comparisons, and

metaphors, and rhetorical decoration. Hence, the Roman orator was more

anxious to seduce the imagination than convince the understanding; his

discourse was adorned with frequent digressions into the field of morals

and philosophy, and he was less studious of precision than of ornament.

On the whole, the circumstances in the Roman constitution and judicial

procedure, appear to have wonderfully conspired to render

CICERO

an accomplished orator. He was born and educated at a period when he must

have formed the most exalted idea of his country. She had reached the

height of power, and had not yet sunk into submission or servility. The

subjects to be discussed, and characters to be canvassed, were thus of the

most imposing magnitude, and could still be treated with freedom and

independence. The education, too, which Cicero had received, was highly

favourable to his improvement. He had the first philosophers of the age

for his teachers, and he studied the civil law under Scævola, the most

learned jurisconsult who had hitherto appeared in Rome. When he came to

attend the Forum, he enjoyed the advantage of daily hearing Hortensius,

unquestionably the most eloquent speaker who had yet shone in the Forum or

Senate. The harangues of this great pleader formed his taste, and raised

his emulation, and, till near the conclusion of his oratorical career,

acted as an incentive to exertions, which might have abated, had he been

left without a competitor in the Forum. The blaze of Hortensius’s rhetoric

would communicate to his rival a brighter flame of eloquence than if he

had been called on to refute a cold and inanimate adversary. Still,

however, the great secret of his distinguished oratorical eminence was,

that notwithstanding his vanity, he never fell into the apathy with regard

to farther improvement, by which self-complacency is so often attended. On

the contrary, Cicero, after he had delivered two celebrated orations,

which filled the Forum with his renown, so far from resting satisfied with

the acclamations of the capital, abandoned, for a time, the brilliant

career on which he had entered, and travelled, during two years, through

the cities of Greece, in quest of philosophical improvement and rhetorical

instruction.

With powers of speaking beyond what had yet been known in his own country,

and perhaps not inferior to those which had ever adorned any other, he

possessed, in a degree superior to all orators, of whatever age or nation,

a general and discursive acquaintance with philosophy and literature,

together with an admirable facility of communicating the fruits of his

labours, in a manner the most copious, perspicuous, and attractive. To

this extensive knowledge, by which his mind was enriched and supplied with

endless topics of illustration—to the lofty ideas of eloquence, which

perpetually revolved in his thoughts—to that image which ever haunted his

breast, of such infinite and superhuman perfection in oratory, that even

the periods of Demosthenes did not fill up the measure of his

conceptions(313), we are chiefly indebted for those emanations of genius,

which have given, as it were, an immortal tongue to the now desolate Forum

and ruined Senate of Rome.

The first oration which Cicero pronounced, at least of those which are

extant, was delivered in presence of four judges appointed by the Prætor,

and with Hortensius for his opponent. It was in the case of Quintius,

which was pleaded in the year 672, when Cicero was 26 years of age, at

which time he came to the bar much later than was usual, after having

studied civil law under Mucius Scævola, and having further qualified

himself for the exercise of his profession by the study of polite

literature under the poet Archias, as also of philosophy under the

principal teachers of each sect who had resorted to Rome. This case was

undertaken by Cicero, at the request of the celebrated comedian Roscius,

the brother-in-law of Quintius; but it was not of a nature well adapted to

call forth or display any of the higher powers of eloquence. It was a pure

question of civil right, and, in a great measure, a matter of form; the

dispute being whether his client had forfeited his recognisances, and

whether his opponent Nævius had got legal possession of his effects by an

edict which the Prætor had pronounced, in consequence of the supposed

forfeiture. But even here, where the point was more one of dry legal

discussion than in any other oration of Cicero, we meet with much

invective, calculated to excite the indignation of the judges against the

adverse party, and many pathetic supplications, interspersed with

high-wrought pictures of the distresses of his client, in order to raise

their sympathy in his favour.

_Pro Sext. Roscio_. In the year following that in which he pleaded the

case of Quintius, Cicero undertook the defence of Roscius of Ameria, which

was the first public or criminal trial in which he spoke. The father of

Roscius had two mortal enemies, of his own name and district. During the

proscriptions of Sylla, he was assassinated one evening at Rome, while

returning home from supper; and, on pretext that he was in the list

proscribed, his estate was purchased for a mere nominal price by

Chrysogonus, a favourite slave, to whom Sylla had given freedom, and whom

he had permitted to buy the property of Roscius as a forfeiture. Part of

the valuable lands thus acquired, were made over by Chrysogonus to the

Roscii. These new proprietors, in order to secure themselves in the

possession, hired Erucius, an informer and prosecutor by profession, to

charge the son with the murder of his father, and they, at the same time,

suborned witnesses, in order to convict him of the parricide. From dread

of the power of Sylla, the accused had difficulty in prevailing on any

patron to undertake his cause; but Cicero eagerly embraced this

opportunity to give a public testimony of his detestation of oppression

and tyranny. He exculpates his client, by enlarging on the improbability

of the accusation, whether with respect to the enormity of the crime

charged, or the blameless character and innocent life of young Roscius. He

shows, too, that his enemies had completely failed in proving that he

laboured under the displeasure of his father, or had been disinherited by

him; and, in particular, that his constant residence in the country was no

evidence of this displeasure—a topic which leads him to indulge in a

beautiful commendation of a rural life, and the ancient rustic simplicity

of the Romans. But while he thus vindicates the innocence of Roscius, the

orator has so managed his pleading, that it appears rather an artful

accusation of the two Roscii, than a defence of his own client. He tries

to fix on them the guilt of the murder, by showing that they, and not the

son, had reaped all the advantages of the death of old Roscius, and that,

availing themselves of the strict law, which forbade slaves to be examined

in evidence against their masters, they would not allow those who were

with Roscius at the time of his assassination, but had subsequently fallen

into their own possession, to be put to the torture. The whole case seems

to have been pleaded with much animation and spirit, but the oration was

rather too much in that florid Asiatic taste, which Cicero at this time

had probably adopted from imitation of Hortensius, who was considered as

the most perfect model of eloquence in the Forum; and hence the celebrated

passage on the punishment of parricide, (which consisted in throwing the

criminal, tied up in a sack, into a river,) was condemned by the severer

taste of his more advanced years. “Its intention,” he declares, “was to

strike the parricide at once out of the system of nature, by depriving him

of air, light, water, and earth, so that he who had destroyed the author

of his existence might be excluded from those elements whence all things

derived their being. He was not thrown to wild beasts, lest their ferocity

should be augmented by the contagion of such guilt—he was not committed

naked to the stream, lest he should contaminate that sea which washed away

all other pollutions. Everything in nature, however common, was accounted

too good for him to share in; for what is so common as air to the living,

earth to the dead, the sea to those who float, the shore to those who are

cast up. But the parricide lives so as not to breathe the air of heaven,

dies so that the earth cannot receive his bones, is tossed by the waves so

as not to be washed by them, so cast on the shore as to find no rest on

its rocks.” This declamation was received with shouts of applause by the

audience; yet Cicero, referring to it in subsequent works, calls it the

exuberance of a youthful fancy, which wanted the control of his sounder

judgment, and, like all the compositions of young men, was not applauded

so much on its own account, as for the promise it gave of more improved

and ripened talents(314). This pleading is also replete with severe and

sarcastic declamation on the audacity of the Roscii, as well as the

overgrown power and luxury of Chrysogonus; the orator has even hazarded an

insinuation against Sylla himself, which, however, he was careful to

palliate, by remarking, that through the multiplicity of affairs, he was

obliged to connive at many things which his favourites did against his

inclination.

Cicero’s courage in defending and obtaining the acquittal of Roscius,

under the circumstances in which the case was undertaken, was applauded by

the whole city. By this public opposition to the avarice of an agent of

Sylla, who was then in the plenitude of his power, and by the energy with

which he resisted an oppressive proceeding, he fixed his character for a

fearless and zealous patron of the injured, as much as for an accomplished

orator. The defence of Roscius, which acquired him so much reputation in

his youth, was remembered by him with such delight in his old age, that he

recommends to his son, as the surest path to true honour, to defend those

who are unjustly oppressed, as he himself had done in many causes, but

particularly in that of Roscius of Ameria, whom he had protected against

Sylla himself, in the height of his authority(315).

Immediately after the decision of this cause, Cicero, partly on account of

his health, and partly for improvement, travelled into Greece and Asia,

where he spent two years in the assiduous study of philosophy and

eloquence, under the ablest teachers of Athens and Asia Minor. Nor was his

style alone formed and improved by imitation of the Greek rhetoricians:

his pronunciation also was corrected, by practising under Greek masters,

from whom he learned the art of commanding his voice, and of giving it

greater compass and variety than it had hitherto attained(316). The first

cause which he pleaded after his return to Rome, was that of Roscius, the

celebrated comedian, in a dispute, which involved a mere matter of civil

right, and was of no peculiar interest or importance. All the orations

which he delivered during the five following years, are lost, of which

number were those for Marcus Tullius, and L. Varenus, mentioned by

Priscian as extant in his time. At the end of that period, however, and

when Cicero was now in the thirty-seventh year of his age, a glorious

opportunity was afforded for the display of his eloquence, in the

prosecution instituted against Verres, the Prætor of Sicily, a criminal

infinitely more hateful than Catiline or Clodius, and to whom the Roman

_republic_, at least, never produced an equal in turpitude and crime. He

was now accused by the Sicilians of many flagrant acts of injustice,

rapine, and cruelty, committed by him during his triennial government of

their island, which he had done more to ruin than all the arbitrary acts

of their native tyrants, or the devastating wars between the Carthaginians

and Romans.

In the advanced ages of the republic, extortion and violence almost

universally prevailed among those magistrates who were exalted abroad to

the temptations of regal power, and whose predecessors, by their

moderation, had called forth in earlier times the applause of the world.

Exhausted in fortune by excess of luxury, they now entered on their

governments only to enrich themselves with the spoils of the provinces

intrusted to their administration, and to plunder the inhabitants by every

species of exaction. The first laws against extortion were promulgated in

the beginning of the seventh century. But they afforded little relief to

the oppressed nations, who in vain sought redress at Rome; for the

decisions there depending on judges generally implicated in similar

crimes, were more calculated to afford impunity to the guilty, than

redress to the aggrieved. This undue influence received additional weight

in the case of Verres, from the high quality and connections of the

culprit.

Such were the difficulties with which Cicero had to struggle, in entering

on the accusation of this great public delinquent. This arduous task he

was earnestly solicited to undertake, by a petition from all the towns of

Sicily, except Syracuse and Messina, both which cities had been

occasionally allowed by the plunderer to share the spoils of the province.

Having accepted this trust, so important in his eyes to the honour of the

republic, neither the far distant evidence, nor irritating delays of all

those guards of guilt with which Verres was environed, could deter or

slacken his exertions. The first device on the part of the criminal, or

rather of his counsel, Hortensius, to defeat the ends of justice, was an

attempt to wrest the conduct of the trial from the hands of Cicero, by

placing it in those of Cæcilius(317), who was a creature of Verres, and

who now claimed a preference to Cicero, on the ground of personal injuries

received from the accused, and a particular knowledge of the crimes of his

pretended enemy. The judicial claims of these competitors had therefore to

be first decided in that kind of process called _Divinatio_, in which

Cicero delivered his oration, entitled _Contra Cæcilium_, and shewed, with

much power of argument and sarcasm, that he himself was in every way best

fitted to act as the impeacher of Verres.

Having succeeded in convincing the judges that Cæcilius only wished to get

the cause into his own hands, in order to betray it, Cicero was appointed

to conduct the prosecution, and was allowed 110 days to make a voyage to

Sicily, in order to collect information for supporting his charge. He

finished his progress through the island in less than half the time which

had been granted him. On his return he found that a plan had been laid by

the friends of Verres, to procrastinate the trial, at least till the

following season, when they expected to have magistrates and judges who

would prove favourable to his interests. In this design they so far

succeeded, that time was not left to go through the cause according to the

ordinary forms and practice of oratorical discussion in the course of the

year: Cicero, therefore, resolved to lose no time by enforcing or

aggravating the several articles of charge, but to produce at once all his

documents and witnesses, leaving the rhetorical part of the performance

till the whole evidence was concluded. The first oration, therefore,

against Verres, which is extremely short, was merely intended to explain

the motives which had induced him to adopt this unusual mode of procedure.

He accordingly exposes the devices by which the culprit and his cabal were

attempting to pervert the course of justice, and unfolds the eternal

disgrace that would attach to the Roman law, should their stratagems prove

successful. This oration was followed by the deposition of the witnesses,

and recital of the documents, which so clearly established the guilt of

Verres, that, driven to despair, he submitted, without awaiting his

sentence, to a voluntary exile(318). It therefore appears, that of the six

orations against Verres, only one was pronounced. The other five, forming

the series of harangues which he intended to deliver after the proof had

been completed, were subsequently published in the same shape as if the

delinquent had actually stood his trial, and was to have made a regular

defence.

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