*48* XIV. Sed cum duplex ratio sit orationis, quarum in altera sermo

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

De Officiis · 第 5 / 8 章