sit, in altera contentio, non est id quidem dubium, quin contentio
[orationis][211] maiorem vim habeat ad gloriam (ea est enim, quam
eloquentiam dicimus); sed tamen difficile dictu est, quantopere
conciliet animos comitas affabilitasque sermonis. Exstant epistulae et
Philippi ad Alexandrum et Antipatri ad Cassandrum et Antigoni ad
Philippum filium, trium prudentissimorum (sic enim accepimus); quibus
praecipiunt, ut oratione benigna multitudinis animos ad benivolentiam
alliciant militesque blande appellando [sermone][212] deliniant. Quae
autem in multitudine cum contentione habetur oratio, ea saepe universam
excitat [gloriam][213]; magna est enim admiratio copiose sapienterque
dicentis; quem qui audiunt, intellegere etiam et sapere plus quam
ceteros arbitrantur. Si vero inest in oratione mixta modestia gravitas,
nihil admirabilius fieri potest, eoque magis, si ea sunt in adulescente.
*49* Sed cum sint plura causarum genera, quae eloquentiam desiderent,
multique in nostra re publica adulescentes et apud iudices et apud
populum[214] et apud senatum dicendo laudem assecuti sint, maxima est
admiratio in iudiciis.
Quorum ratio duplex est. Nam ex accusatione et ex defensione constat;
quarum etsi laudabilior est defensio, tamen etiam accusatio probata
persaepe est. Dixi paulo ante de Crasso; idem fecit adulescens M.
Antonius. Etiam P. Sulpici eloquentiam accusatio illustravit, cum
seditiosum et inutilem civem, C. Norbanum, in iudicium vocavit. *50* Sed
hoc quidem non est saepe faciendum nec umquam nisi aut rei publicae
causa, ut ii, quos ante dixi, aut ulciscendi, ut duo Luculli, aut
patrocinii, ut nos pro Siculis, pro Sardis in Albucio Iulius. In
accusando etiam M'. Aquilio L. Fufi cognita industria est. Semel igitur
aut non saepe certe. Sin erit, cui faciendum sit saepius, rei publicae
tribuat hoc muneris, cuius inimicos ulcisci saepius non est
reprehendendum; modus tamen adsit. Duri enim hominis vel potius vix
hominis videtur periculum capitis inferre multis. Id cum periculosum
ipsi est, tum etiam sordidum ad famam, committere, ut accusator
nominere; quod contigit M. Bruto summo genere nato, illius filio, qui
iuris civilis in primis peritus fuit.
*51* Atque etiam hoc praeceptum officii diligenter tenendum est, ne quem
umquam innocentem iudicio capitis arcessas; id enim sine scelere fieri
nullo pacto potest. Nam quid est tam inhumanum quam eloquentiam a natura
ad salutem hominum et ad conservationem datam ad bonorum pestem
perniciemque convertere? Nec tamen, ut hoc fugiendum est, item est
habendum religioni nocentem aliquando, modo ne nefarium[215] impiumque,
defendere; vult hoc multitudo, patitur consuetudo, fert etiam humanitas.
Iudicis est semper in causis verum sequi, patroni non numquam veri
simile, etiamsi minus sit verum, defendere; quod scribere, praesertim
cum de philosophia scriberem, non auderem, nisi idem placeret gravissimo
Stoicorum, Panaetio. Maxime autem et gloria paritur et gratia
defensionibus, eoque maior, si quando accidit, ut ei subveniatur, qui
potentis alicuius opibus circumveniri urguerique videatur, ut nos et
saepe alias et adulescentes contra L. Sullae dominantis opes pro Sex.
Roscio Amerino fecimus quae, ut scis, exstat oratio.
[211] _orationis_ MSS., Ed.; bracketed by Fleckeisen, Bt.^2,
Müller, Heine.
[212] _blande appellando sermone_ a c, Edd.; _blando
appellando sermone_ B H b; _blande appellando_ Gulielmus
(with three inferior MSS.), Bt., Heine; [_sermone_] Ed.
[213] _excitat gloriam_ MSS.; _excitat_ [_gloriam_] Ed.;
_excitat_ Lange.
[214] _et apud populum_ c, Edd.; not in B H a b.
[215] _modo ne nefarium_ L c, Edd.; _modo nefarium_ Nonius;
_et nefarium_ B H a b.
#(4) by eloquence.#
*48* XIV. But as the classification of discourse is a twofold
one--conversation, on the one side; oratory, on the other--there can be
no doubt that of the two this debating-power (for that is what we mean
by eloquence) counts for more toward the attainment of glory; and yet,
it is not easy to say how far an affable and courteous manner in
conversation may go toward winning the affections. We have, for
instance, the letters of Philip to Alexander, of Antipater to Cassander,
and of Antigonus to Philip the Younger. The authors of these letters
were, as we are informed, three of the wisest men in history; and in
them they instruct their sons to woo the hearts of the populace to
affection by words of kindness and to keep their soldiers loyal by a
winning address. But the speech that is delivered in a debate before an
assembly often stirs the hearts of thousands at once; for the eloquent
and judicious speaker is received with high admiration, and his hearers
think him understanding and wise beyond all others. And if his speech
have also dignity combined with moderation, he will be admired beyond
all measure, especially if these qualities are found in a young man.
*49* But while there are occasions of many kinds that call for
eloquence, and while many young men in our republic have obtained
distinction by their speeches in the courts, in the popular assemblies,
and in the senate, yet it is the speeches before our courts that excite
the highest admiration.
#Prosecution _vs._ defence.#
The classification of forensic speeches also is a twofold one: they are
divided into arguments for the prosecution and arguments for the
defence. And while the side of the defence is more honourable, still
that of the prosecution also has very often established a reputation. I
spoke of Crassus a moment ago; Marcus Antonius, when a youth, had the
same success. A prosecution brought the eloquence of Publius Sulpicius
into favourable notice, when he brought an action against Gaius
Norbanus, a seditious and dangerous citizen. *50* But this should not be
done often--never, in fact, except in the interest of the state (as in
the cases of those above mentioned) or to avenge wrongs (as the two
Luculli, for example, did) or for the protection of our provincials (as
I did in the defence of the Sicilians, or Julius in the prosecution of
Albucius in behalf of the Sardinians). The activity of Lucius Fufius in
the impeachment of Manius Aquilius is likewise famous. This sort of
work, then, may be done once in a lifetime, or at all events not often.
But if it shall be required of anyone to conduct more frequent
prosecutions, let him do it as a service to his country; for it is no
disgrace to be often employed in the prosecution of her enemies. And
yet a limit should be set even to that. For it requires a heartless man,
it seems, or rather one who is well-nigh inhuman, to be arraigning one
person after another on capital charges.[AP] It is not only fraught with
danger to the prosecutor himself, but is damaging to his reputation, to
allow himself to be called a prosecutor. Such was the effect of this
epithet upon Marcus Brutus, the scion of a very noble family and the son
of that Brutus who was an eminent authority in the civil law.
#Spare the innocent; defend the guilty.#
*51* Again, the following rule of duty is to be carefully observed:
never prefer a capital charge against any person who may be innocent.
For that cannot possibly be done without making oneself a criminal. For
what is so unnatural as to turn to the ruin and destruction of good men
the eloquence bestowed by nature for the safety and protection of our
fellow-men? And yet, while we should never prosecute the innocent, we
need not have scruples against undertaking on occasion the defence of a
guilty person, provided he be not infamously depraved and wicked. For
people expect it; custom sanctions it; humanity also accepts it. It is
always the business of the judge in a trial to find out the truth; it is
sometimes the business of the advocate to maintain what is plausible,
even if it be not strictly true, though I should not venture to say
this, especially in an ethical treatise, if it were not also the
position of Panaetius, that strictest of Stoics. Then, too, briefs for
the defence are most likely to bring glory and popularity to the
pleader, and all the more so, if ever it falls to him to lend his aid to
one who seems to be oppressed and persecuted by the influence of some
one in power. This I have done on many other occasions; and once in
particular, in my younger days, I defended Sextus Roscius of Ameria
against the power of Lucius Sulla when he was acting the tyrant. The
speech is published, as you know.
[AP] A "capital charge" meant to the Roman a charge
endangering a person's _caput_, or civil status. A conviction
on such a charge resulted in his civil degradation and the
loss of his privileges as a Roman citizen.
*52* XV. Sed expositis adulescentium officiis, quae valeant ad gloriam
adipiscendam, deinceps de beneficentia[216] ac de liberalitate dicendum
est; cuius est ratio duplex; nam aut opera benigne fit indigentibus aut
pecunia. Facilior est haec posterior, locupleti praesertim, sed illa
lautior ac splendidior et viro forti claroque dignior. Quamquam enim in
utroque inest gratificandi liberalis voluntas, tamen altera ex arca,
altera ex virtute depromitur, largitioque, quae fit ex re familiari,
fontem ipsum benignitatis exhaurit. Ita benignitate benignitas tollitur;
qua quo in plures usus sis, eo minus in multos uti possis. *53* At qui
opera, id est virtute et industria, benefici et liberales erunt, primum,
quo pluribus profuerint, eo plures ad benigne faciendum adiutores
habebunt, dein consuetudine beneficentiae paratiores erunt et tamquam
exercitatiores ad bene de multis promerendum.
Praeclare in[217] epistula[218] quadam Alexandrum filium Philippus
accusat, quod largitione benivolentiam Macedonum consectetur: "Quae te,
malum!" inquit, "ratio in istam spem induxit, ut eos tibi fideles
putares fore, quos pecunia corrupisses? An tu id agis, ut Macedones non
te regem suum, sed ministrum et praebitorem[219] sperent fore?"
Bene "ministrum et praebitorem,"[220] quia sordidum regi, melius etiam,
quod largitionem "corruptelam" dixit esse; fit enim deterior, qui
accipit, atque ad idem semper exspectandum paratior.
*54* Hoc ille filio, sed praeceptum putemus omnibus.
Quam ob rem id quidem non dubium est, quin illa benignitas, quae constet
ex opera et industria, et honestior sit et latius pateat et possit
prodesse pluribus; non numquam tamen est largiendum, nec hoc
benignitatis genus omnino repudiandum est et saepe idoneis hominibus
indigentibus de re familiari impertiendum, sed diligenter atque
moderate; multi enim patrimonia effuderunt inconsulte largiendo. Quid
autem est stultius quam, quod libenter facias, curare, ut id diutius
facere non possis? Atque etiam sequuntur largitionem rapinae; cum enim
dando egere coeperunt, alienis bonis manus afferre coguntur. Ita, cum
benivolentiae comparandae causa benefici esse velint, non tanta studia
assequuntur eorum, quibus dederunt, quanta odia eorum, quibus ademerunt.
*55* Quam ob rem nec ita claudenda res est familiaris, ut eam benignitas
aperire non possit, nec ita reseranda, ut pateat omnibus; modus
adhibeatur, isque referatur ad facultates. Omnino meminisse debemus, id
quod a nostris hominibus saepissime usurpatum iam in proverbii
consuetudinem venit, "largitionem fundum non habere"; etenim quis potest
modus esse, cum et idem, qui consuerunt, et idem illud alii desiderent?
[216] _beneficentia_ Edd.; _beneficientia_ MSS. (ubique).
[217] _in_ B H a b; not in L c p.
[218] _epistula_ H, Heine; _epistola_ B L a b c.
[219] _praebitorem_ B H L b c p; _praebitorem putant_ a.
[220] _sperent ... praebitorem_ L c p, Edd.; not in B H a b.
#Generosity of two kinds:#
*52* XV. Now that I have set forth the moral duties of a young man, in
so far as they may be exerted for the attainment of glory, I must next
in order discuss kindness and generosity. The manner of showing it is
twofold: kindness is shown to the needy either by personal service, or
by gifts of money. The latter way is the easier, especially for a rich
man; but the former is nobler and more dignified and more becoming to a
strong and eminent man. For although both ways alike betray a generous
wish to oblige, still in the one case the favour makes a draft upon
one's bank account, in the other upon one's personal energy; and the
bounty which is drawn from one's material substance tends to exhaust the
very fountain of liberality. Liberality is thus forestalled by
liberality: for the more people one has helped with gifts of money, the
fewer one can help. *53* But if people are generous and kind in the way
of personal service--that is, with their ability and personal
effort--various advantages arise: first, the more people they assist,
the more helpers they will have in works of kindness; and second, by
acquiring the habit of kindness they are better prepared and in better
training, as it were, for bestowing favours upon many.
In one of his letters Philip takes his son Alexander sharply to task for
trying by gifts of money to secure the good-will of the Macedonians:
"What in the mischief induced you to entertain such a hope," he says,
"as that those men would be loyal subjects to you whom you had
corrupted with money? Or are you trying to do what you can to lead the
Macedonians to expect that you will be not their king but their steward
and purveyor?"
"Steward and purveyor" was well said, because it was degrading for a
prince; better still, when he called the gift of money "corruption." For
the recipient goes from bad to worse and is made all the more ready to
be constantly looking for one bribe after another.
*54* It was to his son that Philip gave this lesson; but let us all take
it diligently to heart.
That liberality, therefore, which consists in personal service and
effort is more honourable, has wider application, and can benefit more
people. There can be no doubt about that. #(1) gifts of money,#
Nevertheless, we should sometimes make gifts of money; and this kind of
liberality is not to be discouraged altogether. We must often distribute
from our purse to the worthy poor, but we must do so with discretion and
moderation. For many[AQ] have squandered their patrimony by
indiscriminate giving. But what is worse folly than to do the thing you
like in such a way that you can no longer do it at all? Then, too,
lavish giving leads to robbery[AR]; for when through over-giving men
begin to be impoverished, they are constrained to lay their hands on the
property of others. And so, when men aim to be kind for the sake of
winning good-will, the affection they gain from the objects of their
gifts is not so great as the hatred they incur from those whom they
despoil.
*55* One's purse, then, should not be closed so tightly that a generous
impulse cannot open it, nor yet so loosely held as to be open to
everybody. A limit should be observed and that limit should be
determined by our means. We ought, in a word, to remember the phrase,
which, through being repeated so very often by our countrymen, has come
to be a common proverb: "Bounty has no bottom." For indeed what limit
can there be, when those who have been accustomed to receive gifts claim
what they have been in the habit of getting, and those who have not wish
for the same bounty?
[AQ] Julius Caesar was a striking example of this.
[AR] Cicero evidently had in mind such instances as Sulla,
Caesar, Antony, and Catiline--_alieni appetens, sui profusus_
(Sall., Cat. V).
XVI. Omnino duo sunt genera largorum, quorum alteri prodigi, alteri
liberales: prodigi, qui epulis et viscerationibus et gladiatorum
muneribus, ludorum venationumque apparatu pecunias profundunt in eas
res, quarum memoriam aut brevem aut nullam omnino sint relicturi, *56*
liberales autem, qui suis facultatibus aut captos a praedonibus redimunt
aut aes alienum suscipiunt amicorum aut in filiarum collocatione
adiuvant aut opitulantur in re vel quaerenda vel augenda. *(56)* Itaque
miror, quid in mentem venerit Theophrasto in eo libro, quem de divitiis
scripsit; in quo multa praeclare, illud absurde: est enim multus in
laudanda magnificentia et apparatione popularium munerum taliumque
sumptuum facultatem fructum divitiarum putat. Mihi autem ille fructus
liberalitatis, cuius pauca exempla posui, multo et maior videtur et
certior.
#Not found in our Aristotle.#
Quanto Aristoteles gravius et verius nos reprehendit! qui has pecuniarum
effusiones non admiremur, quae fiunt ad multitudinem deliniendam. _Ait
enim_,[221] "qui ab hoste obsidentur, si emere aquae sextarium
cogerentur[222] mina, hoc primo incredibile nobis videri, omnesque
mirari, sed cum attenderint, veniam necessitati dare, in his immanibus
iacturis infinitisque sumptibus nihil nos magnopere mirari, cum
praesertim neque necessitati subveniatur nec dignitas augeatur ipsaque
illa delectatio multitudinis ad breve exiguumque tempus _capiatur_,[223]
eaque a levissimo quoque, in quo tamen ipso una cum satietate memoria
quoque moriatur voluptatis." *57* Bene etiam colligit "haec pueris et
mulierculis et servis et servorum simillimis liberis esse grata, gravi
vero homini et ea, quae fiunt, iudicio certo ponderanti probari posse
nullo modo."
Quamquam intellego in nostra civitate inveterasse iam bonis temporibus,
ut splendor aedilitatum ab optimis viris postuletur.[224] Itaque et P.
Crassus cum cognomine dives, tum copiis functus est aedilicio maximo
munere, et paulo post L. Crassus cum omnium hominum moderatissimo Q.
Mucio magnificentissima aedilitate functus est, deinde C. Claudius App.
f., multi post, Luculli, Hortensius, Silanus; omnes autem P. Lentulus me
consule vicit superiores; hunc est Scaurus imitatus; magnificentissima
vero nostri Pompei munera secundo consulatu; in quibus omnibus quid mihi
placeat, vides.
[221] _Ait enim_ Ed.; _at hi_ a; _at hii_ H; _at ii_ B b; _at
hij_ c.
[222] _cogerentur_ B H a b; _cogantur_ L c p.
[223] _capiatur_ Beier; not in MSS.
[224] _postuletur_ B H a b, Heine; _postularetur_ L c p, Bt.
#Extravagant waste of the public games.#
XVI. There are, in general, two classes of those who give largely: the
one class is the lavish, the other the generous. The lavish are those
who squander their money on public banquets, doles of meat among the
people, gladiatorial shows, magnificent games, and wild-beast
fights--vanities of which but a brief recollection will remain, or none
at all. *56* The generous, on the other hand, are those who employ their
own means to ransom captives from brigands, or who assume their friends'
debts or help in providing dowries for their daughters, or assist them
in acquiring property or increasing what they have. *(56)* And so I
wonder what Theophrastus could have been thinking about when he wrote
his book on "Wealth." It contains much that is fine: but his position is
absurd, when he praises at great length the magnificent appointments of
the popular games, and it is in the means for indulging in such
expenditures that he finds the highest privilege of wealth. But to me
the privilege it gives for the exercise of generosity, of which I have
given a few illustrations, seems far higher and far more certain.
How much more true and pertinent are Aristotle's words, as he rebukes us
for not being amazed at this extravagant waste of money, all to win the
favour of the populace. "If people in time of siege," he says, "are
required to pay a mina for a pint of water, this seems to us at first
beyond belief, and all are amazed; but when they think about it, they
make allowances for it on the plea of necessity. But in the matter of
this enormous waste and unlimited expenditure we are not very greatly
astonished, and that, too, though by it no extreme need is relieved, no
dignity is enhanced, and the very gratification of the populace is but
for a brief, passing moment; such pleasure as it is, too, is confined to
the most frivolous, and even in these the very memory of their enjoyment
dies as soon as the moment of gratification is past." *57* His
conclusion, too, is excellent: "This sort of amusement pleases children,
silly women, slaves, and the servile free; but a serious-minded man who
weighs such matters with sound judgment cannot possibly approve of
them."
#Magnificent entertainments expected of an aedile.#
And yet I realize that in our country, even in the good old times, it
had become a settled custom to expect magnificent entertainments from
the very best men in their year of aedileship. So both Publius Crassus,
who was not merely surnamed "The Rich" but was rich in fact, gave
splendid games in his aedileship; and a little later Lucius Crassus
(with Quintus Mucius, the most unpretentious man in the world, as his
colleague) gave most magnificent entertainments in his aedileship. Then
came Gaius Claudius, the son of Appius, and, after him, many others--the
Luculli, Hortensius, and Silanus. Publius Lentulus, however, in the year
of my consulship, eclipsed all that had gone before him, and Scaurus
emulated him. And my friend Pompey's exhibitions in his second
consulship were the most magnificent of all. And so you see what I
think about all this sort of thing.
*58* XVII. Vitanda tamen suspicio est avaritiae. Mamerco, homini
divitissimo, praetermissio aedilitatis consulatus repulsam attulit.
Quare et, si postulatur a populo, bonis viris si non desiderantibus, at
tamen approbantibus faciundum est, modo pro facultatibus, nos ipsi ut
fecimus, et, si quando aliqua res maior atque utilior populari
largitione acquiritur, ut Oresti nuper prandia in semitis decumae nomine
magno honori fuerunt. Ne M.[225] quidem Seio vitio datum est, quod in
caritate asse modium populo dedit; magna enim se et inveterata invidia
nec turpi iactura, quando erat aedilis, nec maxima liberavit. Sed honori
summo nuper nostro Miloni fuit, qui gladiatoribus emptis rei publicae
causa, quae salute nostra continebatur, omnes P. Clodi conatus
furoresque compressit.
Causa igitur largitionis est, si aut necesse est aut utile. *59* In
his[226] autem ipsis mediocritatis regula optima est. L. quidem
Philippus Q. f., magno vir ingenio in primisque clarus, gloriari solebat
se sine ullo munere adeptum esse omnia, quae haberentur amplissima.
Dicebat idem Cotta, Curio. Nobis quoque licet in hoc quodam modo
gloriari; nam pro amplitudine honorum, quos cunctis suffragiis adepti
sumus nostro quidem anno, quod contigit eorum nemini, quos modo
nominavi, sane exiguus sumptus aedilitatis fuit.
*60* Atque etiam illae impensae meliores, muri, navalia, portus, aquarum
ductus omniaque, quae ad usum rei publicae pertinent. Quamquam, quod
praesens tamquam in manum datur, iucundius est; tamen haec in posterum
gratiora. Theatra, porticus, nova templa verecundius reprehendo propter
Pompeium, sed doctissimi non probant, ut et his ipse Panaetius, quem
multum in his libris secutus sum, non interpretatus, et Phalereus
Demetrius, qui Periclem, principem Graeciae, vituperat, quod tantam
pecuniam in praeclara illa propylaea coniecerit. #The portion here
referred to is lost.# Sed de hoc genere toto in iis libris, quos de re
publica scripsi, diligenter disputatum.
Tota igitur ratio talium largitionum genere vitiosa est, temporibus
necessaria, et tum ipsum et ad facultates accommodanda et mediocritate
moderanda est.
[225] _M._ Orelli, Ed.; _Marco_ MSS.
[226] _his_ H, Edd.; _hijs_ c; _iis_ B b; _is_ L.
*58* XVII. Still we should avoid any suspicion of penuriousness.
Mamercus was a very wealthy man, and his refusal of the aedileship was
the cause of his defeat for the consulship. #Justification of such
extravagance.# If, therefore, such entertainment is demanded by the
people, men of right judgment must at least consent to furnish it, even
if they do not like the idea. But in so doing they should keep within
their means, as I myself did. They should likewise afford such
entertainment, if gifts of money to the people are to be the means of
securing on some occasion some more important or more useful object.
Thus Orestes recently won great honour by his public dinners given in
the streets, on the pretext of their being a tithe-offering. Neither did
anybody find fault with Marcus Seius for supplying grain to the people
at an _as_[AS] the peck at a time when the market-price was prohibitive;
for he thus succeeded in disarming the bitter and deep-seated prejudice
of the people against him at an outlay neither very great nor
discreditable to him in view of the fact that he was aedile at the time.
But the highest honour recently fell to my friend Milo, who bought a
band of gladiators for the sake of the country, whose preservation then
depended upon my recall from exile, and with them put down the desperate
schemes, the reign of terror, of Publius Clodius.
The justification for gifts of money, therefore, is either necessity or
expediency. *59* #The golden mean is best.# And in making them even in
such cases, the rule of the golden mean is best. To be sure, Lucius
Philippus, the son of Quintus, a man of great ability and unusual
renown, used to make it his boast that without giving any
entertainments he had risen to all the positions looked upon as the
highest within the gift of the state. Cotta could say the same, and
Curio. I, too, may make this boast my own--to a certain extent[AT]; for
in comparison with the eminence of the offices to which I was
unanimously elected at the earliest legal age--and this was not the good
fortune of any one of those just mentioned--the outlay in my aedileship
was very inconsiderable.
#Lavish expenditure on public works.#
*60* Again, the expenditure of money is better justified when it is made
for walls, docks, harbours, aqueducts, and all those works which are of
service to the community. There is, to be sure, more of present
satisfaction in what is handed out, like cash down; nevertheless public
improvements win us greater gratitude with posterity. Out of respect for
Pompey's memory I am rather diffident about expressing any criticism of
theatres, colonnades, and new temples; and yet the greatest philosophers
do not approve of them--our Panaetius himself, for example, whom I am
following, not slavishly translating, in these books; so, too, Demetrius
of Phalerum, who denounces Pericles, the foremost man of Greece, for
throwing away so much money on the magnificent, far-famed Propylaea. But
this whole theme is discussed at length in my books on "The Republic."
To conclude, the whole system of public bounties in such extravagant
amount is intrinsically wrong; but it may under certain circumstances be
necessary to make them; even then they must be proportioned to our
ability and regulated by the golden mean.
[AS] The _as_ was a copper coin worth somewhat less than a
penny. Selling grain to the people at such a price was
practically giving it away to purchase their good-will.
[AT] The saving clause is added, because Cicero never filled
the office of Censor.
*61* XVIII. In illo autem altero genere largiendi, quod a liberalitate
proficiscitur, non uno modo in disparibus causis affecti esse debemus.
Alia causa est eius, qui calamitate premitur, et eius, qui res meliores
quaerit nullis suis rebus adversis. *62* Propensior benignitas esse
debebit in calamitosos, nisi forte erunt digni calamitate. In iis tamen,
qui se adiuvari volent, non ne affligantur, sed ut altiorem gradum
ascendant, restricti omnino esse nullo modo debemus, sed in deligendis
idoneis iudicium et diligentiam adhibere. Nam praeclare Ennius:
#Fab. inc. Vahlen^2, 409#
Bene fácta male locáta male facta árbitror.
*63* Quod autem tributum est bono viro et grato, in eo cum ex ipso
fructus est, tum etiam ex ceteris. Temeritate enim remota gratissima est
liberalitas, eoque eam studiosius plerique laudant, quod summi cuiusque
bonitas commune perfugium est omnium. Danda igitur opera est, ut iis
beneficiis quam plurimos afficiamus, quorum memoria liberis posterisque
prodatur, ut iis ingratis esse non liceat. Omnes enim immemorem
beneficii oderunt eamque iniuriam in deterrenda liberalitate sibi etiam
fieri eumque, qui faciat, communem hostem tenuiorum putant.
Atque haec benignitas etiam rei publicae est utilis, redimi e servitute
captos, locupletari tenuiores; quod quidem volgo solitum fieri ab ordine
nostro in oratione Crassi scriptum copiose videmus. Hanc ergo[227]
consuetudinem benignitatis largitioni munerum longe[228] antepono; haec
est gravium hominum atque magnorum, illa quasi assentatorum populi
multitudinis levitatem voluptate quasi titillantium.
*64* Conveniet autem cum in dando munificum esse, tum in exigendo non
acerbum in omnique re contrahenda, vendundo emendo, conducendo locando,
vicinitatibus et confiniis, aequum, facilem, multa multis de suo iure
cedentem, a litibus vero, quantum liceat et nescio an paulo plus etiam,
quam liceat, abhorrentem. Est enim non modo liberale paulum non numquam
de suo iure decedere, sed interdum etiam fructuosum. Habenda autem ratio
est rei familiaris, quam quidem dilabi[229] sinere flagitiosum est, sed
ita, ut illiberalitatis avaritiaeque absit suspicio; posse enim
liberalitate uti non spoliantem se patrimonio nimirum est pecuniae
fructus maximus.
Recte etiam a Theophrasto est laudata hospitalitas; est enim, ut mihi
quidem videtur, valde decorum patere domus hominum illustrium hospitibus
illustribus, idque etiam rei publicae est ornamento, homines externos
hoc liberalitatis genere in urbe nostra non egere. Est autem etiam
vehementer utile iis, qui honeste posse multum volunt, per hospites apud
externos populos valere opibus et gratia. Theophrastus quidem scribit
Cimonem Athenis etiam in suos curiales Laciadas hospitalem fuisse; ita
enim instituisse et vilicis imperavisse, ut omnia praeberentur,
quicumque Laciades in villam suam devertisset.
[227] _ergo_ B H a b, Müller; _ego_ L c p, Lactantius, Bt.,
Heine.
[228] _longe_ L c p, Lactantius, Edd.; not in B H a b.
[229] _dilabi_ L c, Ed., Heine; _delabi_ B H a b, Bt.
#General rules for beneficence.#
*61* XVIII. Now, as touching that second division of gifts of money,
those which are prompted by a spirit of generosity, we ought to look at
different cases differently. The case of the man who is overwhelmed by
misfortune is different from that of the one who is seeking to better
his condition, though he suffers from no actual distress. *62* It will
be the duty of charity to incline more to the unfortunate, unless,
perchance, they deserve their misfortune. But of course we ought by no
means to withhold our assistance altogether from those who wish for aid,
not to save them from utter ruin but to enable them to reach a higher
degree of fortune. But in selecting worthy cases, we ought to use
judgment and discretion. For, as Ennius says so admirably,
"Good deeds misplaced, methinks, are evil deeds."
*63* Furthermore, the favour conferred upon a man who is good and
grateful finds its reward, in such a case, not only in his own good-will
but in that of others. For when generosity is not indiscriminate giving,
it wins most gratitude and people praise it with more enthusiasm,
because goodness of heart in a man of high station becomes the common
refuge of everybody. Pains must, therefore, be taken to benefit as many
as possible with such kindnesses that the memory of them shall be handed
down to children and to children's children, so that they too may not be
ungrateful. For all men detest ingratitude and look upon the sin of it
as a wrong committed against themselves also, because it discourages
generosity; and they regard the ingrate as the common foe of all the
poor.
Ransoming prisoners from servitude and relieving the poor is a form of
charity that is a service to the state as well as to the individual.
And we find in one of Crassus's orations the full proof given that such
beneficence used to be the common practice of our order. This form of
charity, then, I much prefer to the lavish expenditure of money for
public exhibitions. The former is suited to men of worth and dignity,
the latter to those shallow flatterers, if I may call them so, who
tickle with idle pleasure, so to speak, the fickle fancy of the rabble.
*64* It will, moreover, befit a gentleman to be at the same time liberal
in giving and not inconsiderate in exacting his dues, but in every
business relation--in buying or selling, in hiring or letting, in
relations arising out of adjoining houses and lands--to be fair,
reasonable, often freely yielding much of his own right, and keeping out
of litigation as far as his interests will permit and perhaps even a
little farther. For it is not only generous occasionally to abate a
little of one's rightful claims, but it is sometimes even advantageous.
We should, however, have a care for our personal property, for it is
discreditable to let it run through our fingers; but we must guard it in
such a way that there shall be no suspicion of meanness or avarice. For
the greatest privilege of wealth is, beyond all peradventure, the
opportunity it affords for doing good, without sacrificing one's
fortune.
#Another expression of beneficence is hospitality.#
Hospitality also is a theme of Theophrastus's praise, and rightly so.
For, as it seems to me at least, it is most proper that the homes of
distinguished men should be open to distinguished guests. And it is to
the credit of our country also that men from abroad do not fail to find
hospitable entertainment of this kind in our city. It is, moreover, a
very great advantage, too, for those who wish to obtain a powerful
political influence by honourable means to be able through their social
relations with their guests to enjoy popularity and to exert influence
abroad. For an instance of extraordinary hospitality, Theophrastus
writes that at Athens Cimon was hospitable even to the Laciads, the
people of his own deme; for he instructed his bailiffs to that end and
gave them orders that every attention should be shown to any Laciad who
should ever call at his country home.
*65* XIX. Quae autem opera, non largitione beneficia dantur, haec tum in
universam rem publicam, tum in singulos cives conferuntur. Nam in iure
cavere [,consilio iuvare,][230] atque hoc scientiae genere prodesse quam
plurimis vehementer et ad opes augendas pertinet et ad gratiam.
Itaque cum multa praeclara maiorum, tum quod optime constituti iuris
civilis summo semper in honore fuit cognitio atque interpretatio; quam
quidem ante hanc confusionem temporum in possessione sua principes
retinuerunt, nunc, ut honores, ut omnes dignitatis gradus, sic huius
scientiae splendor deletus est, idque eo indignius, quod eo tempore hoc
contigit, cum is esset, qui omnes superiores, quibus honore par esset,
scientia facile vicisset. Haec igitur opera grata multis et ad
beneficiis obstringendos homines accommodata.
*66* Atque huic arti finitima est dicendi [gravior] facultas[231] et
gratior et ornatior. Quid enim eloquentia praestabilius vel admiratione
audientium vel spe indigentium vel eorum, qui defensi sunt, gratia? Huic
[quoque] ergo[232] a maioribus nostris est in toga dignitatis[233]
principatus datus. Diserti igitur hominis et facile laborantis, quodque
in patriis est moribus, multorum causas et non gravate et gratuito
defendentis beneficia et patrocinia late patent.
*67* Admonebat me res, ut hoc quoque loco intermissionem eloquentiae, ne
dicam interitum, deplorarem, ni vererer, ne de me ipso aliquid viderer
queri. Sed tamen videmus, quibus exstinctis oratoribus quam in paucis
spes, quanto in paucioribus facultas, quam in multis sit audacia. Cum
autem omnes non possint, ne multi quidem, aut iuris periti esse aut
diserti, licet tamen opera prodesse multis beneficia petentem,
commendantem iudicibus, magistratibus, vigilantem pro re alterius, eos
ipsos, qui aut consuluntur aut defendunt, rogantem; quod qui faciunt,
plurimum gratiae consequuntur, latissimeque eorum manat industria.
*68* Iam illud non sunt admonendi (est enim in promptu), ut
animadvertant, cum iuvare alios velint, ne quos offendant. Saepe enim
aut eos laedunt, quos non debent, aut eos, quos non expedit; si
imprudentes, neglegentiae est, si scientes, temeritatis. Utendum etiam
est excusatione adversus eos, quos invitus offendas, quacumque possis,
quare id, quod feceris, necesse fuerit nec aliter facere potueris,
ceterisque operis et officiis erit id, quod violatum videbitur,[234]
compensandum.
[230] _consilio iuvare_ MSS., Ed.; bracketed by Muther,
Müller, Heine.
[231] _dicendi gravior facultas_ B H b; _gravior facultas_ L
c p; _dicendi_ [_gravior_] _facultas_ Ed.; _dicendi facultas_
Lambinus.
[232] _huic quoque ergo_ B H L b c, Bt.; _huic ergo_
Facciolati; _huic_ [_quoque_] _ergo_ Ed.
[233] _in toga dignitatis_ L c p, Edd.; _in tota dignitatis_
B H b; _in tota dignitate_ a.
[234] _videbitur_ L c p, Edd.; not in B H b; _est_ a.
#(2) personal service.#
*65* XIX. Again, the kindnesses shown not by gifts of money but by
personal service[AU] are bestowed sometimes upon the community at large,
sometimes upon individual citizens. To protect a man in his legal rights
[,to assist him with counsel,] and to serve as many as possible with
that sort of knowledge tends greatly to increase one's influence and
popularity.
#The profession of the law.#
Thus, among the many admirable ideas of our ancestors was the high
respect they always accorded to the study and interpretation of the
excellent body of our civil law. And down to the present unsettled times
the foremost men of the state have kept this profession exclusively in
their own hands; but now the prestige of legal learning has departed
along with offices of honour and positions of dignity; and this is the
more deplorable, because it has come to pass in the lifetime of a
man[AV] who in knowledge of the law would easily have surpassed all his
predecessors, while in honour he is their peer. Service such as this,
then, finds many to appreciate it and is calculated to bind people
closely to us by our good services.
#Eloquence at the bar.#
*66* Closely connected with this profession, furthermore, is the gift of
eloquence; it is at once more popular and more distinguished. For what
is better than eloquence to awaken the admiration of one's hearers or
the hopes of the distressed or the gratitude of those whom it has
protected? It was to eloquence, therefore, that our fathers assigned the
foremost rank among the civil professions. The door of opportunity for
generous patronage to others, then, is wide open to the orator whose
heart is in his work and who follows the custom of our forefathers in
undertaking the defence of many clients without reluctance and without
compensation.
#The decline of eloquence.#
*67* My subject suggests that at this point I express once more my
regret at the decadence, not to say the utter extinction, of eloquence;
and I should do so, did I not fear that people would think that I were
complaining on my own account. We see, nevertheless, what orators have
lost their lives and how few of any promise are left, how far fewer
there are who have ability, and how many there are who have nothing but
presumption. But though not all--no, not even many--can be learned in
the law or eloquent as pleaders, still anybody may be of service to many
by canvassing in their support for appointments, by witnessing to their
character before juries and magistrates, by looking out for the
interests of one and another, and by soliciting for them the aid of
jurisconsults or of advocates. Those who perform such services win the
most gratitude and find a most extensive sphere for their activities.
#A warning to eloquence.#
*68* Of course, those who pursue such a course do not need to be warned
(for the point is self-evident) to be careful when they seek to oblige
some, not to offend others. For oftentimes they hurt those whom they
ought not or those whom it is inexpedient to offend. If they do it
inadvertently, it is carelessness; if designedly, inconsiderateness. A
man must apologize also, to the best of his ability, if he has
involuntarily hurt anyone's feelings, and explain why what he has done
was unavoidable and why he could not have done otherwise; and he must by
future services and kind offices atone for the apparent offence.
[AU] Acts of kindness and personal service mean to Cicero
throughout this discussion the services of the lawyer, which
were voluntary and gratis.
[AV] This eminent jurist was Servius Sulpicius Lemonia Rufus,
a close friend of Cicero, author of the well-known letter of
condolence to Cicero on the death of his daughter Tullia.
*69* XX. Sed cum in hominibus iuvandis aut mores spectari aut fortuna
soleat, dictu quidem est proclive, itaque volgo loquuntur, se in
beneficiis collocandis mores hominum, non fortunam sequi. Honesta oratio
est; sed quis est tandem, qui inopis et optimi viri causae non anteponat
in opera danda gratiam fortunati et potentis? a quo enim expeditior et
celerior remuneratio fore videtur, in eum fere est voluntas nostra
propensior. Sed animadvertendum est diligentius, quae natura rerum sit.
Nimirum enim inops ille, si bonus est vir, etiamsi referre gratiam non
potest, habere certe potest. Commode autem, quicumque dixit, "pecuniam
qui habeat, non reddidisse, qui reddiderit, non habere, gratiam autem
et, qui rettulerit, habere[235] et, qui habeat, rettulisse."
At qui se locupletes, honoratos, beatos putant, ii ne obligari quidem
beneficio volunt; quin etiam beneficium se dedisse arbitrantur, cum ipsi
quamvis magnum aliquod acceperint, atque etiam a se aut postulari aut
exspectari aliquid suspicantur, patrocinio vero se[236] usos aut
clientes appellari mortis instar putant. *70* At vero ille tenuis, cum,
quicquid factum sit, se spectatum, non fortunam putet,[237] non modo
illi, qui est meritus, sed etiam illis, a quibus exspectat (eget enim
multis), gratum se videri studet neque vero verbis auget suum munus, si
quo forte fungitur, sed etiam extenuat. Videndumque illud est, quod, si
opulentum fortunatumque defenderis, in uno illo aut, si[238] forte, in
liberis eius manet gratia; sin autem inopem, probum tamen et modestum,
omnes non improbi humiles, quae magna in populo multitudo est,
praesidium sibi paratum vident. *71* Quam ob rem melius apud bonos quam
apud fortunatos beneficium collocari puto.
Danda omnino opera est, ut omni generi satis facere possimus; sed si res
in contentionem veniet, nimirum Themistocles est auctor adhibendus; qui
cum consuleretur, utrum bono viro pauperi an minus probato diviti filiam
collocaret: "Ego vero," inquit, "malo virum, qui pecunia egeat, quam
pecuniam, quae viro." Sed corrupti mores depravatique sunt admiratione
divitiarum; quarum magnitudo quid ad unum quemque nostrum pertinet?
Illum fortasse adiuvat, qui habet. Ne id quidem semper; sed fac iuvare;
utentior[239] sane sit, honestior vero quo modo? Quodsi etiam bonus erit
vir, ne impediant divitiae, quo minus iuvetur, modo ne adiuvent, sitque
omne iudicium, non quam locuples, sed qualis quisque sit!
Extremum autem praeceptum in beneficiis operaque danda, ne quid contra
aequitatem contendas, ne quid pro iniuria; fundamentum enim est
perpetuae commendationis et famae iustitia, sine qua nihil potest esse
laudabile.
[235] _gratiam ... habere_ L c p, Edd.; not in B H a b.
[236] _vero se_ B H a b; _vero tuo se_ L c p.
[237] _putet_ Ed.; _putat_ MSS.
[238] _si_ L c p, Edd.; not in B H a b.
[239] _utentior_ MSS., Bt.^1, Heine; _potentior_ later MSS.;
_opulentior_ one MS. (C. Lange), Lambinus, Bt.^2, Müller.
#The basis for personal service is character not fortune.#
*69* XX. Now in rendering helpful service to people, we usually consider
either their character or their circumstances. And so it is an easy
remark, and one commonly made, to say that in investing kindnesses we
look not to people's outward circumstances, but to their character. The
phrase is admirable! But who is there, pray, that does not in performing
a service set the favour of a rich and influential man above the cause
of a poor, though most worthy, person? For, as a rule, our will is more
inclined to the one from whom we expect a prompter and speedier return.
But we should observe more carefully how the matter really stands: the
poor man of whom we spoke cannot return a favour in kind, of course, but
if he is a good man he can do it at least in thankfulness of heart. As
some one has happily said, "A man has not repaid money, if he still has
it; if he has repaid it, he has ceased to have it. But a man still has
the sense of favour, if he has returned the favour; and if he has the
sense of the favour, he has repaid it."
On the other hand, they who consider themselves wealthy, honoured, the
favourites of fortune, do not wish even to be put under obligations by
our kind services. Why, they actually think that they have conferred a
favour by accepting one, however great; and they even suspect that a
claim is thereby set up against them or that something is expected in
return. Nay more, it is bitter as death to them to have accepted a
patron or to be called clients. *70* Your man of slender means, on the
other hand, feels that whatever is done for him is done out of regard
for himself and not for his outward circumstances. #The poor man's
gratitude.# Hence he strives to show himself grateful not only to the
one who has obliged him in the past but also to those from whom he
expects similar favours in the future--and he needs the help of many;
and his own service, if he happens to render any in return, he does not
exaggerate, but he actually depreciates it. This fact, furthermore,
should not be overlooked--that if one defends a wealthy favourite of
fortune, the favour does not extend further than to the man himself or,
possibly, to his children. But if one defends a man who is poor but
honest and upright, all the lowly who are not dishonest--and there is a
large proportion of that sort among the people--look upon such an
advocate as a tower of defence raised up for them. *71* I think,
therefore, that kindness to the good is a better investment than
kindness to the favourites of fortune.
We must, of course, put forth every effort to oblige all sorts and
conditions of men, if we can. But if it comes to a conflict of duty on
this point, we must, I should say, follow the advice of Themistocles:
when some one asked his advice whether he should give his daughter in
marriage to a man who was poor but honest or to one who was rich but
less esteemed, he said: #Wealth no inducement nor a bar to personal
service# "For my part, I prefer a man without money to money without a
man." But the moral sense of to-day is demoralized and depraved by our
worship of wealth. Of what concern to any one of us is the size of
another man's fortune? It is, perhaps, an advantage to its possessor;
but not always even that. But suppose it is; he may, to be sure, have
more money to spend: but how is he any the better man for that? Still,
if he is a good man, as well as a rich one, let not his riches be a
hindrance to his being aided, if only they are not the motive to it; but
in conferring favours our decision should depend entirely upon a man's
character, not on his wealth.
The supreme rule, then, in the matter of kindnesses to be rendered by
personal service is never to take up a case in opposition to the right
nor in defence of the wrong. For the foundation of enduring reputation
and fame is justice, and without justice there can be nothing worthy of
praise.
*72* XXI. Sed, quoniam de eo genere beneficiorum dictum est, quae ad
singulos spectant, deinceps de iis, quae ad universos quaeque ad rem
publicam pertinent, disputandum est. Eorum autem ipsorum partim[240]
eius modi sunt, ut ad universos cives pertineant, partim, singulos ut
attingant; quae sunt etiam gratiora. Danda opera est omnino, si possit,
utrisque, nec minus, ut etiam singulis consulatur, sed ita, ut ea res
aut prosit aut certe ne obsit rei publicae. C. Gracchi frumentaria magna
largitio; exhauriebat igitur aerarium; modica M. Octavi et rei publicae
tolerabilis et plebi necessaria; ergo et civibus et rei publicae
salutaris.
*73* In primis autem videndum erit ei, qui rem publicam administrabit,
ut suum quisque teneat neque de bonis privatorum publice deminutio fiat.
Perniciose enim Philippus, in tribunatu cum legem agrariam ferret, quam
tamen antiquari facile passus est et in eo vehementer se moderatum
praebuit--sed cum in agendo multa populariter, tum illud male, "non esse
in civitate duo milia hominum, qui rem haberent." Capitalis oratio est,
ad aequationem bonorum pertinens; qua peste quae potest esse maior? Hanc
enim ob causam maxime, ut sua tenerentur, res publicae civitatesque
constitutae sunt. Nam, etsi duce natura congregabantur homines, tamen
spe custodiae rerum suarum urbium praesidia quaerebant.
*74* Danda etiam opera est, ne, quod apud maiores nostros saepe fiebat
propter aerarii tenuitatem assiduitatemque bellorum, tributum sit
conferendum, idque ne eveniat, multo ante erit providendum. Sin quae
necessitas huius muneris alicui rei publicae obvenerit (malo enim[241]
quam nostrae ominari; neque tamen de nostra, sed de omni re publica
disputo), danda erit opera, ut omnes intellegant, si salvi esse velint,
necessitati esse parendum. Atque etiam omnes, qui rem publicam
gubernabunt, consulere debebunt, ut earum rerum copia sit, quae
sunt[242] necessariae. Quarum qualis comparatio fieri soleat et debeat,
non est necesse disputare; est enim in promptu; tantum locus attingendus
fuit.
*75* Caput autem est in omni procuratione negotii et muneris publici, ut
avaritiae pellatur etiam minima suspicio. "Utinam," inquit C. Pontius
Samnis, "ad illa tempora me fortuna reservavisset et tum essem natus,
quando Romani dona accipere[243] coepissent! non essem passus diutius
eos imperare." Ne illi multa saecula exspectanda fuerunt; modo enim hoc
malum in hanc rem publicam invasit. Itaque facile patior tum potius
Pontium fuisse, siquidem in illo tantum fuit roboris. Nondum centum et
decem anni sunt, cum de pecuniis repetundis a L. Pisone lata lex est,
nulla antea cum fuisset. At vero postea tot leges et proximae quaeque
duriores, tot rei, tot damnati, tantum [Italicum][244] bellum propter
iudiciorum metum excitatum, tanta sublatis legibus et iudiciis expilatio
direptioque sociorum, ut imbecillitate aliorum, non nostra virtute
valeamus.
[240] _partim_ L c p, Edd.; _quae_ (_que_ = _quae_ H)
_partim_ B H a b.
[241] _malo enim_ B H L b p; _malo enim alii_ a; _malo enim
aliene_ (_alienae_) c.
[242] _sunt_ B H b, Bt.^2; _sunt ad victum_ L c p, Bt.^1,
Heine.
[243] _dona accipere_ B H L a p c; _accipere dona_ b, Ed.
[244] _tantum [Italicum]_ Bake, Edd.; _tantum Italicum_ L c
p; _tantum Iliacum_ B H; _tanti militari cum_ b.
#Service to the state through personal service to individuals.#
*72* XXI. Now, since we have finished the discussion of that kind of
helpful services which concern individuals, we must next take up those
which touch the whole body politic and the state. Of these public
services, some are of such a nature that they concern the whole body of
citizens; others, that they affect individuals only. And these latter
are the more productive of gratitude. If possible, we should by all
means attend to both kinds of service; but we must take care in
protecting the interests of individuals that what we do for them shall
be beneficial, or at least not prejudicial to the state. Gaius Gracchus
inaugurated largesses of grain on an extensive scale; this had a
tendency to exhaust the exchequer. Marcus Octavius inaugurated a
moderate dole; this was both practicable for the state and necessary for
the commons; it was, therefore, a blessing both to the citizens and to
the state.
#The statesman's duty toward#
#(1) property rights,#
*73* The man in an administrative office, however, must make it his
first care that every one shall have what belongs to him and that
private citizens suffer no invasion of their property rights by act of
the state. It was a ruinous policy that Philippus proposed when in his
tribuneship he introduced his agrarian bill. However, when his law was
rejected, he took his defeat with good grace and displayed extraordinary
moderation. But in his public speeches on the measure he often played
the demagogue, and that time viciously, when he said that "there were
not in the state two thousand people who owned any property." That
speech deserves unqualified condemnation, for it favoured an equal
distribution of property; and what more ruinous policy than that could
be conceived? For the chief purpose in the establishment of
constitutional state and municipal governments was that individual
property rights might be secured. For although it was by Nature's
guidance that men were drawn together into communities, it was in the
hope of safeguarding their possessions that they sought the protection
of cities.
#(2) taxation,#
*74* The administration should also put forth every effort to prevent
the levying of a property tax, and to this end precautions should be
taken long in advance. Such a tax was often levied in the times of our
forefathers on account of the depleted state of their treasury and their
incessant wars. But if any state (I say "any," for I would rather speak
in general terms than forebode evils to our own; however, I am not
discussing our own state but states in general)--if any state ever has
to face a crisis requiring the imposition of such a burden, every
effort must be made to let all the people realize that they must bow to
the inevitable, if they wish to be saved. #(3) necessities of life,# And
it will also be the duty of those who direct the affairs of the state to
take measures that there shall be an abundance of the necessities of
life. It is needless to discuss the ordinary ways and means; for the
duty is self-evident; it is necessary only to mention the matter.
#(4) official integrity.#
*75* But the chief thing in all public administration and public service
is to avoid even the slightest suspicion of self-seeking. "I would,"
says Gaius Pontius, the Samnite, "that fortune had withheld my
appearance until a time when the Romans began to accept bribes, and that
I had been born in those days! I should then have suffered them to hold
their supremacy no longer." Aye, but he would have had many generations
to wait; for this plague has only recently infected our nation. And so I
rejoice that Pontius lived then instead of now, seeing that he was so
mighty a man! It is not yet a hundred and ten years since the enactment
of Lucius Piso's bill to punish extortion; there had been no such law
before. But afterward came so many laws, each more stringent than the
other, so many men were accused and so many convicted, so horrible a
war[AW] was stirred up on account of the fear of what our courts would
do to still others, so frightful was the pillaging and plundering of the
allies when the laws and courts were suppressed,[AX] that now we find
ourselves strong not in our own strength but in the weakness of others.
[AW] The Italian or Social War, B.C. 100-88.
[AX] During the dictatorships of Sulla and Caesar.
*76* XXII. Laudat Africanum Panaetius, quod fuerit abstinens. Quidni
laudet? Sed in illo alia maiora; laus abstinentiae[245] non hominis est
solum, sed etiam temporum illorum. Omni Macedonum gaza, quae fuit
maxima, potitus [est][246] Paulus tantum in aerarium pecuniae invexit,
ut unius imperatoris praeda finem attulerit tributorum. At hic nihil
domum suam intulit[247] praeter memoriam nominis sempiternam. Imitatus
patrem Africanus nihilo locupletior Carthagine eversa. Quid? qui eius
collega fuit in censura, L. Mummius, numquid copiosior, cum
copiosissimam urbem funditus sustulisset? Italiam ornare quam domum suam
maluit; quamquam Italia ornata domus ipsa mihi videtur ornatior.
*77* Nullum igitur vitium taetrius est, ut eo, unde egressa est, referat
se oratio, quam avaritia, praesertim in principibus et rem publicam
gubernantibus. Habere enim quaestui rem publicam non modo turpe est, sed
sceleratum etiam et nefarium. #Plut. Inst. Lacon. 239 F# Itaque, quod
Apollo Pythius oraclum edidit, Spartam nulla re alia nisi avaritia esse
perituram, id videtur non solum Lacedaemoniis, sed etiam omnibus
opulentis populis praedixisse. Nulla autem re conciliare facilius
benivolentiam multitudinis possunt ii, qui rei publicae praesunt, quam
abstinentia et continentia.
*78* Qui vero se populares volunt ob eamque causam aut agrariam rem
temptant, ut possessores pellantur suis sedibus, aut pecunias creditas
debitoribus condonandas putant, labefactant fundamenta rei publicae,
concordiam primum, quae esse non potest, cum aliis adimuntur, aliis
condonantur pecuniae, deinde aequitatem, quae tollitur omnis, si habere
suum cuique non licet. #§ 73# Id enim est proprium, ut supra dixi,
civitatis atque urbis, ut sit libera et non sollicita suae rei cuiusque
custodia. *79* Atque in hac pernicie rei publicae ne illam quidem
consequuntur, quam putant, gratiam; nam cui res erepta est, est
inimicus, cui data est, etiam dissimulat se accipere voluisse et maxime
in pecuniis creditis occultat suum gaudium, ne videatur non fuisse
solvendo; at vero ille, qui accepit[248] iniuriam, et meminit et prae se
fert dolorem suum, nec, si plures sunt ii, quibus inprobe datum est,
quam illi, quibus iniuste ademptum est, idcirco plus etiam valent; non
enim numero haec iudicantur, sed pondere. Quam autem habet aequitatem,
ut agrum multis annis aut etiam saeculis ante possessum, qui nullum
habuit, habeat, qui autem habuit, amittat?
[245] _abstinentiae_ L c p, Edd.; _sapientiae_ B H a b.
[246] _potitus_ J. F. Heusinger; _potitus [est]_ Edd.;
_potitus est_ MSS.
[247] _intulit_ B H b, Edd.; _detulit_ L c p.
[248] _accepit_ L c, Edd.; _accipit_ B H a b p.
*76* XXII. Panaetius praises Africanus for his integrity in public life.
Why should he not? But Africanus had other and greater virtues. The
boast of official integrity belongs not to that man alone but also to
his times. When Paulus got possession of all the wealth of Macedon--and
it was enormous--he brought into our treasury so much money[AY] that the
spoils of a single general did away with the need for a tax on property
in Rome for all time to come. But to his own house he brought nothing
save the glory of an immortal name. Africanus emulated his father's
example and was none the richer for his overthrow of Carthage. And what
shall we say of Lucius Mummius, his colleague in the censorship? Was he
one penny the richer when he had destroyed to its foundations the
richest of cities? He preferred to adorn Italy rather than his own
house. And yet by the adornment of Italy his own house was, as it seems
to me, still more splendidly adorned.
#Integrity _vs._ avarice.#
*77* There is, then, to bring the discussion back to the point from
which it digressed, no vice more offensive than avarice, especially in
men who stand foremost and hold the helm of state. For to exploit the
state for selfish profit is not only immoral; it is criminal, infamous.
And so the oracle, which the Pythian Apollo uttered, that "Sparta should
not fall from any other cause than avarice," seems to be a prophecy not
to the Lacedaemonians alone, but to all wealthy nations as well. They
who direct the affairs of state, then, can win the good-will of the
masses by no other means more easily than by self-restraint and
self-denial.
#The menace of agrarian laws.#
*78* But they who pose as friends of the people, and who for that reason
either attempt to have agrarian laws passed, in order that the occupants
may be driven out of their homes, or propose that money loaned should
be remitted to the borrowers, are undermining the foundations of the
commonwealth: first of all, they are destroying harmony, which cannot
exist when money is taken away from one party and bestowed upon another;
and second, they do away with equity, which is utterly subverted, if the
rights of property are not respected. For, as I said above, it is the
peculiar function of the state and the city to guarantee to every man
the free and undisturbed control of his own particular property. *79*
And yet, when it comes to measures so ruinous to public welfare, they do
not gain even that popularity which they anticipate. For he who has been
robbed of his property is their enemy; he to whom it has been turned
over actually pretends that he had no wish to take it; and most of all,
when his debts are cancelled, the debtor conceals his joy, for fear that
he may be thought to have been insolvent; whereas the victim of the
wrong both remembers it and shows his resentment openly. Thus even
though they to whom property has been wrongfully awarded be more in
number than they from whom it has been unjustly taken, they do not for
that reason have more influence; for in such matters influence is
measured not by numbers but by weight. And how is it fair that a man who
never had any property should take possession of lands that had been
occupied for many years or even generations, and that he who had them
before should lose possession of them?
[AY] Nearly two million pounds sterling.
*80* XXIII. Ac[249] propter hoc iniuriae genus Lacedaemonii Lysandrum
ephorum expulerunt, Agim regem, quod numquam antea apud eos acciderat,
necaverunt, exque eo tempore tantae discordiae secutae sunt, ut et
tyranni exsisterent et optimates exterminarentur et praeclarissime
constituta res publica dilaberetur; nec vero solum ipsa cecidit, sed
etiam reliquam Graeciam evertit contagionibus malorum,[250] quae a
Lacedaemoniis profectae manarunt latius. Quid? nostros Gracchos, Ti.
Gracchi summi viri filios, Africani nepotes, nonne agrariae contentiones
perdiderunt?
*81* At vero Aratus Sicyonius iure laudatur, qui, cum eius civitas
quinquaginta annos a tyrannis teneretur, profectus Argis Sicyonem
clandestino introitu urbe est potitus, cumque tyrannum Nicoclem
improviso oppressisset,[251] sescentos exsules, qui locupletissimi
fuerant eius civitatis, restituit remque publicam adventu suo liberavit.
Sed cum magnam animadverteret in bonis et possessionibus difficultatem,
quod et eos, quos ipse restituerat, quorum bona alii possederant, egere
iniquissimum esse arbitrabatur et quinquaginta annorum possessiones
moveri[252] non nimis aequum putabat, propterea quod tam longo spatio
multa hereditatibus, multa emptionibus, multa dotibus tenebantur sine
iniuria, iudicavit neque illis adimi nec iis non satis fieri, quorum
illa fuerant, oportere. *82* Cum igitur statuisset opus esse ad eam rem
constituendam pecunia, Alexandream se proficisci velle dixit remque
integram ad reditum suum iussit esse, isque celeriter ad Ptolomaeum,
suum hospitem, venit, qui tum regnabat alter post Alexandream conditam.
Cui[253] cum exposuisset patriam se liberare velle causamque docuisset,
a rege opulento vir summus facile impetravit, ut grandi pecunia
adiuvaretur. Quam cum Sicyonem attulisset, adhibuit sibi in consilium
quindecim principes, cum quibus causas cognovit et eorum, qui aliena
tenebant, et eorum, qui sua amiserant, perfecitque aestimandis
possessionibus, ut persuaderet aliis, ut pecuniam accipere mallent,
possessionibus cederent, aliis, ut commodius putarent numerari sibi,
quod tanti esset, quam suum recuperare. Ita perfectum est, ut omnes
concordia constituta sine querella discederent.
*83* O virum magnum dignumque, qui in re publica nostra natus esset! Sic
par est agere cum civibus, non, ut bis iam vidimus, hastam in foro
ponere et bona civium voci subicere[254] praeconis. At ille Graecus, id
quod fuit sapientis et praestantis viri, omnibus consulendum putavit,
eaque est summa ratio et sapientia boni civis, commoda civium non
divellere atque omnis aequitate eadem continere. Habitent gratis in
alieno. Quid ita? ut, cum ego emerim, aedificarim, tuear, impendam, tu
me invito fruare meo? Quid est aliud aliis sua eripere, aliis dare
aliena? *84* Tabulae vero novae quid habent argumenti, nisi ut emas mea
pecunia fundum, eum tu habeas, ego non habeam pecuniam?
[249] _Ac_ Edd.; _at_ MSS.
[250] _malorum_ L c p, Edd.; _maiorum_ B H a b.
[251] _oppressisset_ L c p, Edd.; _pressisset_ B H a b.
[252] _moveri_ L c p, Edd.; _movere_ B H a b.
[253] _cui_ Edd.; _qui_ MSS.
[254] _subicere_ L c p, Edd.; _subiacere_ B H a b.
#Instances of agrarian legislation.#
*80* XXIII. Now, it was on account of just this sort of wrong-doing that
the Spartans banished their ephor Lysander, and put their king Agis to
death--an act without precedent in the history of Sparta. From that time
on--and for the same reason--dissensions so serious ensued that tyrants
arose, the nobles were sent into exile, and the state, though most
admirably constituted, crumbled to pieces. Nor did it fall alone, but by
the contagion of the ills that, starting in Lacedaemon, spread widely
and more widely, it dragged the rest of Greece down to ruin. What shall
we say of our own Gracchi, the sons of that famous Tiberius Gracchus and
grandsons of Africanus? Was it not strife over the agrarian issue that
caused their downfall and death?
#Aratus of Sicyon.#
*81* Aratus of Sicyon, on the other hand, is justly praised. When his
city had been kept for fifty years in the power of its tyrants, he came
over from Argos to Sicyon, secretly entered the city and took it by
surprise; he fell suddenly upon the tyrant Nicocles, recalled from
banishment six hundred exiles who had been the wealthiest men of the
city, and by his coming made his country free. But he found great
difficulty in the matter of property and its occupancy; for he
considered it most unjust, on the one hand, that those men should be
left in want whom he had restored and of whose property others had taken
possession; and he thought it hardly fair, on the other hand, that
tenure of fifty years' standing should be disturbed. For in the course
of that long period many of those estates had passed into innocent hands
by right of inheritance, many by purchase, many by dower. He therefore
decided that it would be wrong either to take the property away from the
present incumbents or to let them keep it without compensation to its
former possessors. *82* So, when he had come to the conclusion that he
must have money to meet the situation, he announced that he meant to
make a trip to Alexandria and gave orders that matters should remain
as they were until his return. And so he went in haste to his friend
Ptolemy, then upon the throne, the second king after the founding of
Alexandria. To him he explained that he wished to restore constitutional
liberty to his country and presented his case to him. And, being a man
of the highest standing, he easily secured from that wealthy king
assistance in the form of a large sum of money. And when he had returned
with this to Sicyon, he called into counsel with him fifteen of the
foremost men of the city. With them he investigated the cases both of
those who were holding possession of other people's property and of
those who had lost theirs. And he managed by a valuation of the
properties to persuade some that it was more desirable to accept money
and surrender their present holdings; others he convinced that it was
more to their interest to take a fair price in cash for their lost
estates than to try to recover possession of what had been their own. As
a result, harmony was preserved, and all parties went their way without
a word of complaint.
#Justice the corner-stone of statecraft.#
*83* A great statesman, and worthy to have been born in our
commonwealth! That is the right way to deal with one's fellow-citizens,
and not, as we have already witnessed on two occasions, to plant the
spear in the forum and knock down the property of citizens under the
auctioneer's hammer. But yon Greek, like a wise and excellent man,
thought that he must look out for the welfare of all. And this is the
highest statesmanship and the soundest wisdom on the part of a good
citizen, not to divide the interests of the citizens but to unite all on
the basis of impartial justice. "Let them live in their neighbour's
house rent-free."[AZ] Why so? In order that, when I have bought, built,
kept up, and spent my money upon a place, you may without my consent
enjoy what belongs to me? What else is that but to rob one man of what
belongs to him and to give to another what does not belong to him? *84*
And what is the meaning of an abolition of debts, except that you buy a
farm with my money; that you have the farm, and I have not my money?
[AZ] An assumed appeal to one of Caesar's edicts.
XXIV. Quam ob rem ne sit aes alienum, quod rei publicae noceat,
providendum est, quod multis rationibus caveri potest, non, si fuerit,
ut locupletes suum perdant, debitores lucrentur alienum; nec enim ulla
res vehementius rem publicam continet quam fides, quae esse nulla
potest, nisi erit necessaria solutio rerum creditarum. Numquam
vehementius actum est quam me consule, ne solveretur; armis et castris
temptata res est ab omni genere hominum et ordine; quibus ita restiti,
ut hoc totum malum de re publica tolleretur. Numquam nec maius aes
alienum fuit nec melius nec facilius dissolutum est; fraudandi enim spe
sublata solvendi necessitas consecuta est. At vero hic nunc victor, tum
quidem victus, quae cogitarat, ea[255] perfecit, cum eius iam nihil
interesset. Tanta in eo peccandi libido fuit, ut hoc ipsum eum
delectaret, peccare, etiamsi causa non esset.
*85* Ab hoc igitur genere largitionis, ut aliis detur, aliis auferatur,
aberunt ii, qui rem publicam tuebuntur, in primisque operam dabunt, ut
iuris et iudiciorum aequitate suum quisque teneat et neque tenuiores
propter humilitatem circumveniantur neque locupletibus ad sua vel
tenenda vel recuperanda obsit invidia, praeterea, quibuscumque rebus vel
belli vel domi poterunt, rem publicam augeant imperio, agris,
vectigalibus.
Haec magnorum hominum sunt, haec apud maiores nostros factitata, haec
genera officiorum qui persequentur,[256] cum summa utilitate rei
publicae magnam ipsi adipiscentur et gratiam et gloriam.
*86* In his autem utilitatum praeceptis Antipater Tyrius Stoicus, qui
Athenis nuper est mortuus, duo praeterita censet esse a Panaetio,
valetudinis curationem et pecuniae; quas res a summo philosopho
praeteritas arbitror, quod essent faciles; sunt certe utiles. Sed
valetudo sustentatur notitia sui corporis et observatione, quae res aut
prodesse soleant aut obesse, et continentia in victu omni atque cultu
corporis tuendi causa [praetermittendis voluptatibus],[257] postremo
arte eorum, quorum ad scientiam haec pertinent.
*87* Res autem familiaris quaeri debet iis rebus, a quibus abest
turpitudo, conservari autem diligentia et parsimonia, eisdem etiam rebus
augeri. Has res commodissime Xenophon Socraticus persecutus est in eo
libro, qui Oeconomicus inscribitur, quem nos, ista fere aetate cum
essemus, qua es tu nunc, e Graeco in Latinum convertimus. [258]Sed toto
hoc de genere, de quaerenda, de collocanda pecunia, (vellem[259] etiam
de utenda) commodius a quibusdam optimis viris ad Ianum[260] medium
sedentibus quam ab ullis philosophis ulla in schola disputatur. Sunt
tamen ea cognoscenda; pertinent enim ad utilitatem, de qua hoc libro
disputatum est.[258]
[255] _cogitarat, ea_ B H a b, Bt.^2, Müller; _cogitarat, cum
ipsius intererat, tum ea_ c p, Bt.^1, Heine.
[256] _persequentur_ c; _persequuntur_ b, Bt.^2;
_persecuntur_ B H p, Bt.^1, Heine.
[257] _praetermittendis voluptatibus_ MSS.; del. Heine, Edd.
[258] _Sed ... disputatum est_ transposed from § 90 by Unger,
Edd.
[259] _vellem_ c p, Bt.^1, Ed.; not in B H a b, Bt.^2
[260] _Ianum_ c, Edd.; _ianuae_ B H a b p.
#Economics of debts.#
XXIV. We must, therefore, take measures that there shall be no
indebtedness of a nature to endanger the public safety. It is a menace
that can be averted in many ways; but should a serious debt be incurred,
we are not to allow the rich to lose their property, while the debtors
profit by what is their neighbour's. For there is nothing that upholds a
government more powerfully than its credit; and it can have no credit,
unless the payment of debts is enforced by law. Never were measures for
the repudiation of debts more strenuously agitated than in my
consulship. Men of every sort and rank attempted with arms and armies to
force the project through. But I opposed them with such energy that this
plague was wholly eradicated from the body politic. Indebtedness was
never greater; debts were never liquidated more easily or more fully;
for the hope of defrauding the creditor was cut off and payment was
enforced by law. But the present victor, though vanquished then, still
carried out his old design, when it was no longer of any personal
advantage to him.[BA] So great was his passion for wrong-doing that the
very doing of wrong was a joy to him for its own sake, even when there
was no motive for it.
*85* Those, then, whose office it is to look after the interests of the
state will refrain from that form of liberality which robs one man to
enrich another. #Administration of the courts in equity.# Above all,
they will use their best endeavours that every one shall be protected in
the possession of his own property by the fair administration of the law
and the courts, that the poorer classes shall not be oppressed because
of their helplessness, and that envy shall not stand in the way of the
rich, to prevent them from keeping or recovering possession of what
justly belongs to them; they must strive, too, by whatever means they
can, in peace or in war, to advance the state in power, in territory,
and in revenues.
Such service calls for great men; it was commonly rendered in the days
of our ancestors; if men will perform duties such as these, they will
win popularity and glory for themselves and at the same time render
eminent service to the state.
#Sanitation.#
*86* Now, in this list of rules touching expediency, Antipater of Tyre,
a Stoic philosopher who recently died at Athens, claims that two points
were overlooked by Panaetius--the care of health and of property. I
presume that the eminent philosopher overlooked these two items because
they present no difficulty. At all events they are expedient. Although
they are a matter of course, I will still say a few words on the
subject. Individual health is preserved by studying one's own
constitution, by observing what is good or bad for one, by constant
self-control in supplying physical wants and comforts (but only to the
extent necessary to self-preservation), by foregoing sensual pleasures,
and finally, by the professional skill of those to whose science these
matters belong.
#Finance.#
*87* As for property, it is a duty to make money, but only by honourable
means; it is a duty also to save it and increase it by care and thrift.
These principles Xenophon, a pupil of Socrates, has set forth most
happily in his book entitled "Oeconomicus." When I was about your
present age, I translated it from the Greek into Latin.
But this whole subject of acquiring money, investing money (I wish I
could include also spending money) is more profitably discussed by
certain worthy gentlemen on "Change" than could be done by any
philosophers of any school. For all that, we must take cognizance of
them; for they come fitly under the head of expediency, and that is the
subject of the present book.
[BA] Caesar, it seems, had had some part in the schemes of
Catiline in B.C. 63 and possibly in the plot of B.C. 66-65.
When his conquests in Gaul had freed him from his debts and
made him rich, his party, with his consent, passed (B.C. 49)
the obnoxious legislation here referred to--that all interest
in arrears should be remitted, and that that which had been
paid should be deducted from the principal.
*88* XXV. Sed utilitatum comparatio, quoniam hic locus erat quartus, a
Panaetio praetermissus, saepe est necessaria. Nam et corporis commoda
cum externis [et externa cum corporis][261] et ipsa inter se corporis et
externa cum externis comparari solent. Cum externis corporis hoc modo
comparantur, valere ut malis quam dives esse, [cum corporis externa hoc
modo, dives esse potius quam maximis corporis viribus,][262] ipsa inter
se corporis sic, ut bona valetudo voluptati anteponatur, vires
celeritati, externorum autem, ut gloria divitiis, vectigalia urbana
rusticis. *89* Ex quo genere comparationis illud est Catonis senis: a
quo cum quaereretur, quid maxime in re familiari expediret, respondit:
"Bene pascere"; quid secundum: "Satis bene pascere"; quid tertium:[263]
"Male pascere"; quid quartum: "Arare"; et cum ille, qui quaesierat,
dixisset: "Quid faenerari?", tum Cato: "Quid hominem," inquit,
"occidere?"
Ex quo et multis aliis intellegi debet utilitatum comparationes fieri
solere, recteque hoc adiunctum esse quartum exquirendorum officiorum
genus.[264]
Reliqua deinceps persequemur.
[261] [_et ... corporis_] bracketed by Unger, Edd.
[262] [_cum corporis ... corporis viribus_] bracketed by
Unger, Edd.
[263] _quid tertium: "Male pascere"_ c p, Edd.; not in B H a
b.
[264] _officiorum genus._ Here follows in MSS. _Sed toto ...
disputatum est_ transposed to § 87.
#Comparison of expediencies.#
*88* XXV. But it is often necessary to weigh one expediency against
another;--for this, as I stated, is a fourth point overlooked by
Panaetius. For not only are physical advantages regularly compared with
outward advantages [and outward, with physical], but physical advantages
are compared with one another, and outward with outward. Physical
advantages are compared with outward advantages in some such way as
this: one may ask whether it is more desirable to have health than
wealth; [external advantages with physical, thus: whether it is better
to have wealth than extraordinary bodily strength;] while the physical
advantages may be weighed against one another, so that good health is
preferred to sensual pleasure, strength to agility. Outward advantages
also may be weighed against one another: glory, for example, may be
preferred to riches, an income derived from city property to one derived
from the farm. *89* To this class of comparisons belongs that famous
saying of old Cato's: when he was asked what was the most profitable
feature of an estate, he replied: "Raising cattle successfully." What
next to that? "Raising cattle with fair success." And next? "Raising
cattle with but slight success." And fourth? "Raising crops." And when
his questioner said, "How about money-lending?" Cato replied: "How about
murder?"
From this as well as from many other incidents we ought to realize that
expediencies have often to be weighed against one another and that it is
proper for us to add this fourth division in the discussion of moral
duty.
Let us now pass on to the remaining problems.
CICERO DE OFFICIIS