CHAPTER IV

THE GOVERNING ARISTOCRACY

Above the men of business of equestrian rank, in social standing

though not necessarily in wealth, there was in Cicero's time an

aristocracy which a Roman of that day would perhaps have found it a

little difficult to explain or define to a foreigner. Fortunately all

foreigners coming to Rome would know what was meant by the senate,

the great council which received envoys from all nations outside the

Empire; and the stranger might be told in the first place that all

members of that august assembly, with their families, were considered

as elevated above the equestrian order, and as forming the main body

of the aristocracy proper. But if the informant were by chance a

conservative Roman of old family, he might proceed to qualify this

definition. "There are now in the senate," he might say, "plenty of

men who are only there because they have held the quaestorship, which

Sulla made the qualification for a seat, and there are many equites

whom Sulla made into senators by the form of a vote of the people;

such men, even the great orator Cicero himself, I do not reckon as

really members of the nobility, because they do not belong to old

families who have done the State good service in past time. They have

no images of their ancestors in their houses; they come from municipal

towns, or spring from some low family in the city; they may have

raised themselves by their talents, perhaps only by their money,

but they have no guarantee of antiquity, their names are not in our

annals. All we true conservative Romans (and a, Roman is hardly a

Roman if not conservative) profoundly believe that a man whose family

has once attained to high public honour and done good public service,

will be a safer person to elect as a magistrate than one whose family

is unknown and untried--a belief which is surely based on a truth of

human nature. I should count a man who happens not to be in the senate

himself, for want of wealth or inclination, but whose family has its

images and its traditions of great ancestors, as far more truly an

"optimate" than most of these new men. Fortunately our most famous

families, whose names are known all over the Empire, are still to be

found in the senate, and indeed form a powerful body there, capable of

resisting to the last the revolutionary dangers that threaten us. The

people still elect to magistracies the Aemilii, Lutatii, Claudii,

Cornelii, Julii, and many more families that have been famous in our

history, and will, I trust, continue to elect them so long as our

Republic lasts."[149]

There was indeed a glamour about these splendid names, as there is

about the titles of our ancient noble families; their holders may

almost be said to have claimed high office as a right, like the Whig

families Of the Revolution for a century after their triumph. Though

we may use the word in a wider sense in this chapter, these grand old

families were the true aristocracy, and inspired just that respect in

the minds of men outside their circle which is still so familiar to us

in England. Cicero was to such men an "outsider," a _novus homo_; and

the close reader of Cicero's letters, if he is looking out (as he

should be) for Cicero's constantly changing attitude of mind as he

addresses himself to various correspondents, cannot fail to see how

comparatively awkward and stilted he often is when writing to one of

these great nobles, with whom he has never been really intimate; and

how easily his pen glides along when he is letting himself talk to

Atticus, or Poetus, or M. Marius, men who were outside the pale of

nobility. It is true that he is sometimes embarrassed in other ways

when writing to great personages, as, for example, Lentulus Spinther,

consul in 57, or to Appius Claudius, consul in 53; but had they been

men of his own kind he never would have felt that embarrassment in the

same degree. When writing to such men he rarely or never indulges

in those little sportive jokes or allusions which enliven his more

intimate correspondence, nor does he tell the truth so strictly, for

they might not always care to hear it.

Here is a specimen which will give some idea of his manner in writing

to an aristocrat: he is congratulating L. Aemilius Paullus, who

secured his election to the consulship in the summer of 51 B.C.:

"Though I never doubted that the Roman people, considering your

eminent services to the Republic and _the splendid position of your

family_, would enthusiastically elect you consul by a unanimous vote,

yet I felt extreme delight when the news reached me; and I pray

the gods to render your official career fortunate, and to make the

administration of your office worthy of your own position and _that

of your ancestors_.... And would that it had been in my power to have

been at home to see that wished-for day, and to have given you the

support which your noble services and kindness to me deserved! But

since the unexpected and unlooked-for accident of my having to take

a province has deprived me of that opportunity, yet, that I may be

enabled to see you as consul actually administering the state in a

manner worthy of your position, I earnestly beg you to take care to

prevent my being treated unfairly, or having additional time added

to my year of office. If you do that, you will abundantly crown your

former acts of kindness to me."[150]

This Aemilius Paullus, like Spinther and many others, belonged to

a respectable but somewhat characterless type of aristocrat; these

formed a considerable and a powerful section of the senate, where they

were an obstacle to reform and administrative efficiency. They were

really a survival from the old type of Roman noble, which had done

excellent work in its day; men in whom the individual had been kept in

strict subordination to the State, and whose personal idiosyncrasies

and ambitions only excited suspicion. But towards the end of the

Republican period the individual had free play; at no time in ancient

history do we meet with so many various and interesting kinds of

individuality, even among the nobilitas itself. This is not merely the

result of the abundant literature in which their traits have come down

to us; it was a fact of the age, in which the idea of the State had

fallen into the background, and the individual found no restraint

on his thoughts and little on his actions, no hindrance to the

development of his capacity either for good or evil. Sulla,

Catiline, Pompeius, Cato, Clodius, Caesar, all have their marked

characteristics, familiar to all who read the history of the Roman

revolution. Caesar is the most remarkable example of strong character

among the men of high aristocratic descent, and it is interesting to

notice how entirely he was without the exclusive tendency which we

associate with aristocrats. He was intimate with men of all ranks; his

closest friends seem to have been men who were noble. While the high

aristocrats looked down as a rule on Cicero the novus homo, and for

some years positively hated him[151], Caesar, though differing from

him _toto coelo_ in politics, was always on pleasant terms of personal

intercourse with him; he had a charm of manner, a literary taste, and

a genuine admiration for genius, which was invariably irresistible

to the sensitive "novus homo." With Pompey, though he trusted him

politically as he never trusted Caesar, Cicero was never so intimate.

They had not the same common interests; Cicero could laugh at Pompey

behind his back, but hardly once in his correspondence does he attempt

to raise a jest about Caesar.

Thus in the governing or senatorial aristocracy we find men of a great

variety of character, from the old-fashioned nobilis, exclusive in

society and obstructive in politics, to the man of individual genius

and literary ability, whether of blue blood like Caesar, or like

Cicero the scion of a municipal family which has never gained or

sought political distinction. But for the purposes of this chapter

we may discern and discuss two main types of character in this

aristocracy: first, that on which the new Greek culture had worked to

advantage, not destroying the best Roman qualities, but drawing them

into usefulness in new ways; secondly, that on which the same culture

had worked to its harm by taking advantage of weak points in the Roman

armour, sapping the true Roman quality without substituting any other

excellence. We will briefly trace the growth of these two types, and

take an example of each among Cicero's intimate friends, not from

the famous personages familiar to every one, but from eminent and

interesting men of whom the ordinary student knows comparatively

little.

Ever since the Hannibalic war, and probably even before it, Roman

nobles had felt the power of Greek culture; they had begun to think,

to learn about peoples who were different from themselves in habits

and manners, and to advance, the best of them at least, in wisdom and

knowledge; and this is true in spite of the unquestioned fact that it

was in this same era that the seeds were sown of moral and political

degeneracy. We shall have abundant opportunity of noting the effects

of this degeneracy in the last age of the Republic, but it is pleasant

to dwell for a moment on that more wholesome Greek influence which

enticed the finer minds among the Roman nobility into a new region of

culture, stimulating thought and strengthening the springs of conduct.

Even the old Cato himself, most rigid of Roman conservatives, was not

unmoved by this influence,[152] and it was to him that Rome owed the

introduction of Ennius, the greatest literary figure of that age, into

Roman society[153]. But the first genuine example of the new culture,

of the Hellenic enthusiasm of the age, is to be found in Aemilius

Paullus, the conqueror of Macedonia, a true Roman aristocrat who was

delighted to learn from Greeks. Plutarch's _Life_ of this man is a

valuable record of the tendencies of the time. After his failure to

obtain a second consulship, Plutarch tells us[154] that he retired

into private life, devoting himself to religious duties and to the

education of his children, training these in the old Roman habits in

which he had himself been trained, but also in Greek culture, and that

with even greater enthusiasm. He had about them Greek teachers, not

only of grammar, rhetoric, and philosophy, but of the fine arts, and

even of out-door pursuits, such as hunting (to which the Romans were

not greatly addicted), and of the care of horses and dogs; and he made

a point of being present himself at all their exercises, bodily and

mental. The result of this wholesome Xenophontic education is seen in

his son, the great Scipio Aemilianus, who was adopted into the family

of the Scipios in the lifetime of his father. Whatever view we may

take of this great man's conduct in war and politics, there can hardly

be a doubt that the Romans themselves were right in treasuring his

memory as one of the best of their race. When we put all the facts of

his life together, from his early youth, of which his friend Polybius

has left us a most beautiful picture,[155] to his sudden and probably

violent death in the maturity of his powers, we are compelled to

believe that he was really a man of wide sympathies, a strong sense of

justice which guided him steadily through good report and ill, perfect

purity of life, and hatred of all that was low and bad, whether

in rich or poor. He was not, like his father, a Roman aristocrat

patronising Greek culture;[156] in him we see a perfectly natural

and mature combination of the noblest qualities of the Roman and the

wholesomest qualities of the Greek. "It was an awakening truth,"

says a great authority, "in the minds of Romans like Scipio, that

intellectual culture must be built upon a foundation of moral

rectitude: and such a foundation they could find in the storehouse of

their own domestic traditions."[157] When Cicero, who held him to

be the greatest of Romans, wrote his dialogue on the State (_de

Republica_), with the new idea pervading it of the moral and political

ascendancy of a single man, he made Scipio the hero and the one

ascendant figure in his work, and ended it with an imitation of the

Platonic "myth," in the form of a "dream of Scipio."

Scipio gathered round him a circle of able and cultured men, both

Roman and Greek, including almost every living Roman of ability, and

among the Greeks the historian Polybius and the philosopher Panaetius,

of whom we shall have more to learn in the course of this volume. Of

this circle the best and ablest men of Cicero's earlier days were

mentally the children, and his own views both of literature and

politics were largely formed upon the Scipionic tradition. Indeed to

understand the mental and moral furniture of the Roman mind in the

Ciceronian age, it is absolutely necessary to study that of the

generation which made that mind what it was; but here space can only

be found to point out how the enlightenment of the Scipionic circle

opened out new ways in manners, in literature, in philosophical

receptivity, and lastly in the study of the law, which was destined to

be Rome's greatest contribution to civilisation.

Manners, the demeanour of the individual in social intercourse, are a

valuable index, if not an entirely conclusive one, of the mental and

moral tone of society in any age. Ease and courteousness of bearing

mean, as a rule, that the sense of another's claims as a human being

are always present to the mind. Whatever be the shortcomings of the

last age of the Republic, we must give due credit to the fact that in

their outward demeanour towards each other the educated men of that

age almost invariably show good breeding. It is true enough that

public vituperation, in senate or law-courts, was a fact of every day,

and the wealth of violent personal abuse which a gentleman like Cicero

could expend on one whom for the time he hated, or who had done

him some wrong, passes all belief.[158] But the history of this

vituperation is a curious one; it was a traditional method of hostile

oratory, and sprang from an old Roman root, the tendency to defamation

and satire, which may itself be attributed in part to the Italian

custom of levelling abuse at a public man (e.g. at his triumph) in

order to avert evil from him.[159] To single out a man's personal

ugliness, to calumniate his ancestry in the vilest terms,--these were

little more than traditional practices, oratorical devices, which the

rhetorical education of the day encouraged, and which no one took

very seriously.[160] But we are concerned in this chapter mainly with

private life; and there we find almost universal consideration and

courtesy. In the whole of the Ciceronian correspondence there is

hardly a letter that does not show good breeding, and there are many

that are the natural result of real kindly feeling and true sympathy.

A good example of the best type of Roman manners is to be found in

Plutarch's _Life_ of Gaius Gracchus, the younger contemporary of

Scipio, who had married his sister. Plutarch draws a picture of him so

vivid that by common consent it is ascribed to the memoirs of some one

who knew him. "In all his dealings with men," says the biographer, "he

was always dignified yet always courteous"; that is, while he inspired

respect, men felt also that he would do anything in his power for

them. That this was said of him by a Roman, and not invented for him

by Plutarch, seems probable because the combination is one peculiarly

Roman; so Livy, when he wishes to describe the finest type of Roman

character, says that a certain man was "haud minus libertatis alienae

quam suae dignitatis memor."[161] This same combination meets us also

in the little pictures of the social life of cultivated men which

Cicero has left us in some of his dialogues. There the speakers are

usually of the nobility, often distinguished members of senatorial

families, as in the _de Oratore_, where the chief _personae_ are

Crassus, Antonius, and Scaevola, the conservative triumvirate of the

day. They all seem grave, or but seldom gently jocular, respectful to

each other, and perhaps a trifle tedious; they never quarrel, however

deeply they may differ, and we may guess that they did not hold their

opinions strongly enough to urge them to open rupture. We seem to see

the same grave faces, with rather noses and large mouths, which meet

us in the sculptures of Augustus' Ara Pacis,[162]--full of dignity,

but a little wanting in animation.

There is one singular exception to the good manners of the period; but

as the result rather of affectation than of nature, it may help to

prove our rule. Again and again in Plutarch's _Life_ of Cato the

younger the mention of his rudeness proves the strength of the

tradition about him. It was said that this lost him the consulship,

as he declined to make himself agreeable in the style expected from

candidates[163]. Even in a letter to Cicero, an old friend, though not

actually rude, he is absurdly patronising and impertinent to a man

many years his senior, and writes in very bad taste. Probably the

enmity between him and Caesar arose or was confirmed in this way,

as Cato always made a point of being rudest to those whom he most

disliked. He fancied that he was imitating his great ancestor, and

asserting the virtue of good old Roman bluntness against modern Greek

affectation; he did not in the least see that he was himself a curious

example of Roman affectation, shown up by the real amenities of

intercourse, for which Romans had largely to thank Greece[164].

In literature too the average capacity of this aristocracy was high,

though the greatest literary figures of the age, if we except Caesar,

do not, strictly speaking, belong to it; Cicero was a novus homo, and

Lucretius and Catullus were not of the senatorial order. But the new

education, as we shall see later on, was admirably calculated to

train men in the art of speaking and writing, if not in the habit of

independent thinking; and among the nobles who reaped the full fruits

of this education every one could write in Latin and probably also

in Greek, and if he aimed at public distinction, could speak without

disgracing himself in the senate and the courts. Oratory was, in fact,

the staple product of the age, and the chief _raison d'être_ of its

literary activity. Long ago the practice had begun of writing out

successful speeches delivered in the senate, in the courts, or at

funerals; the means of publication were easy, as a consequence of the

number of Greek slaves who could act as copyists, and thus oratory

formed the basis of a prose literature which is essentially

Roman,[165] rooted in the practical necessities of the life of the

Roman noble, though deeply tinged with the Greek ideas and forms of

expression acquired in the process of education in vogue. Treatises on

rhetoric, the art of effective expression in prose, form an important

part of it; two of them still survive from the time of Sulla,--the

_Rhetorica ad Herennium_ of an unknown author, and Cicero's early

treatise _de Inventione_. Later on Cicero wrote his admirable dialogue

_de Oratore_ and other works on the same subject, ending with his

_Brutus_, a catalogue raisonnée, invaluable to us, of all the great

Roman orators down to his own time.

In history writing the standard was not so high. The rhetorical

education made men good professional orators, but indifferent and

dilettante historians, and the example of more accurate historical

investigation and reflection set by Polybius was not followed, except

perhaps by Caelius Antipater in the Gracchan age.[166] History was

affected for the worse by the rhetorical art, as indeed poetry was

destined also to be; Sallust, though we owe much to him, was in fact

an amateur, who thought more of style and expression than of truth

and fact. Caesar, who did not profess to be a historian, but only to

provide the materials for history,[167] stands alone in making facts

more important than words, and rarely troubles his reader with

speeches or other rhetorical superfluities.[168] Biographies and

autobiographies were fashionable; of the former only those of

Cornelius Nepos, one of Cicero's many friends, have come down to us,

and none of the latter, but we know a long list of eminent men who

wrote their own memoirs, including Catulus the elder, Rutilius the

famous victim of equestrian judges, Sulla, and Lucullus. But far above

all other prose writers of the age stand two men, neither of them

Roman by birth, but yet members of the senatorial order; the one a man

of encyclopaedic learning, with what we may almost call a scientific

interest in the subjects which he treated in awkward and homely Latin,

the other a man of comparatively little learning, but gifted with so

exquisite a sense of the beautiful in expression, and at the same

time with a humanity so real and in that day so rare, that it is not

without good cause that he has recently been called the most highly

cultured man of all antiquity.[169] Of Varro's numerous works we have

unluckily but few survivals; of Cicero's we have still such a mass

as will for ever provide ample material for studying the life, the

manners, the thought of his day.

A large part of this mass consists of the correspondence of which we

are making such frequent use in these chapters. Letter-writing is

perhaps the most pleasing and genuine of all the literary activities

of the time; men took pains to write well, yet not with any definite

prospect of publication, such as was the motive a century later in

the days of Seneca and Pliny. The nine hundred and odd letters of the

Ciceronian collection are most of them neither mere communications

nor yet rhetorical exercises, but real letters, the intercourse of

intimate friends at a distance, in which their inmost thoughts can

often be seen. Cicero is indeed apt to become rhetorical even in his

letters, when writing under excitement about politics; but the most

delightful letters in the collection are those in which he writes

to his friends in happy and natural language of his daily life and

occupations, his books, his villas, his children, his joys and

sorrows. It is strange that the great historian of Rome in our time

entirely failed to see the charm and the value of these letters, as of

all Cicero's writings; his countrymen have now agreed to differ from

him, and to restore a great writer to his true position.

In philosophical receptivity too the brightest and finest minds among

this aristocracy show an ability which is almost astonishing, when we

consider that there had been no education in Rome worth the name until

the second century B.C.[170] I use the word receptivity, because the

Romans of our period never really learnt to think for themselves; they

never grappled with a problem, or struck out a new line of thought.

But so far as we can judge by Cicero's philosophical works, the only

ones of his age which have come down to us, the power to read with

understanding and to reproduce with skill was unquestionably of a high

order. The opportunities for study were not wanting; private libraries

were numerous, and all Cicero's friends who had collected books were

glad to let him have the use of them.[171] Greek philosophers were

often domesticated in wealthy families, and could discourse with the

statesman when he had leisure from public business. Much of this was

no more than fashion, and real endeavour and earnestness were rare;

but the fact remains that one philosophical system, more especially on

its ethical side, took real possession of the best type of Roman mind,

and had permanent and saving influence on it.

Stoicism was brought to Rome by Panaetius of Rhodes, the intimate

friend of Scipio, a mild and tactful Greek whose Rhodian birth gave

him perhaps some advantage in associating with the old allies of his

state. He came to Rome at a critical moment, when even the best men

were drifting into pure material self-seeking; and the results of his

teaching were during two centuries so wholesome and inspiring that we

may almost think of him as a missionary. The ground had been prepared

for him in some sense by Polybius, who introduced him to Scipio and

his circle, and who was then engaged in writing his history. From

Polybius the Romans, the best of them at least, first learnt to

realise their own empire and the great change it had wrought in the

world; to think about what they had done and the qualities that

enabled them to do it. From Panaetius they were to learn a

philosophical creed which might direct and save them in the future,

which might serve as ballast in public and private life, just when the

ship was beginning to drift in moral helplessness. He was the founder

of a school of practical wisdom, singularly well adapted to the Roman

character and intellect, which were always practical rather than

speculative; and far better suited to ordinary human life than the old

rigid and austere Stoic ethics, of which the younger Cato was the

only eminent Roman disciple. From what we know of Panaetius' ethical

teaching,--and in the first two books of Cicero's work, _de Officiis_,

we have a fairly complete view of it,--we do not find the old doctrine

that absolute wisdom and justice are the only ends to pursue, and

everything else indifferent; a doctrine which put the old-fashioned

Stoic out of court in public life. The relative element, the useful,

played a great part in the teaching of Panaetius. Though his system

is based on the highest principles to which moral teaching could then

appeal, it did not exclude the give and take, the compromise without

which no practical man of affairs can make way, nor yet the wealth and

bodily comforts that secure leisure for thought.[172]

Panaetius' mission was carried on by another Rhodian philosopher, the

famous Posidonius, who lived long enough to know Cicero himself

and many of his contemporaries; a man less inspiring perhaps than

Panaetius, but of greater knowledge and attainment; a traveller,

geographer, and a man of the world, whose writings on many subjects,

though lost to us, really lie at the back of a great part of the Roman

literary output of his time.[173] He was the disciple of Panaetius;

envoy from Rhodes to Rome in the terrible year 86; and later on the

inmate of Roman families, and the admired friend of Cicero Pompeius,

and Varro. Philosophy was only one of the many pursuits of this

extraordinary man, whose literary and historical influence can be

traced in almost every leading Roman author for a century at least;

but his philosophical importance was during his lifetime perhaps

predominant. The generation that knew him was rich in Stoics; for

example, Aelius Stilo, the master of Varro, "doctissimus eorum

temporum," as Gellius calls him;[2] Rutilius, who was mentioned just

now as having written memoirs; and among others probably the great

lawyer Mucius Scaevola. Cato, as we have seen, was not a follower of

the Roman school of Stoicism, but of the older and uncompromising

doctrine; but Cicero, though never a professed Stoic, was really

deeply influenced, and towards the end of his life almost fascinated,

by a creed which suited his humanity while it stimulated his instinct

for righteousness.[174] And, like Cicero, many other men of serious

character felt the power of Stoicism almost unconsciously, without

openly professing it.

Stoicism then was in several ways congenial to the Roman spirit, but

in one direction it had an inspiring influence which has been of

lasting moment to the world. Up to the time of Panaetius and the

Scipionic circle the Roman idea and study of law had been of a crabbed

practical character, wanting in breadth of treatment, destitute of any

philosophical conception of the moral principles which lie behind all

law and government. The Stoic doctrine of universal law ruling the

world--a divine law, emanating from the universal Reason--seems to

have called up life in these dry bones. It might be held by a Roman

Stoic that human law comes into existence when man becomes aware of

the divine law, and recognises its claim upon him. Morality is thus

identical with law in the widest sense of the word, for both are

equally called into being by the Right Reason, which is the universal

primary force.[175] It is not possible here to show how this grand and

elevating idea of law may have affected Roman jurisprudence, but we

will just notice that the first quasi-philosophical treatment of law

is found following the age of Panaetius and the Scipionic circle; that

the phrase _ius gentium_ then begins to take the meaning of general

principles or rules common to all peoples, and founded on "natural

reason";[176] and that this led by degrees to the later idea of the

Law of Nature, and to the cosmopolitanism of the Roman legal system,

which came to embrace all peoples and degrees in its rational and

beneficent influence. If the Greek had a genius for beauty, and the

Jew for righteousness, the Roman had a genius for law; and the power

of Stoicism in ennobling and enriching his native conception of it is

probably not to be easily over-estimated.

Thus behind the stormy scenes of public life in this period there is a

process going on which will be of value not only to the Roman Empire

but to modern civilisation. It was carried on more especially by two

men of the highest character, Q. Mucius Scaevola, Cicero's adviser

in his early days, and often his model in later life; and Servius

Sulpicius Rufus, his exact contemporary and lifelong friend. Neither

Scaevola nor Sulpicius were, so far as we know, professed disciples

of Stoicism; but that they applied perhaps half unconsciously the

principles of Stoicism to their own legal studies is almost certain.

The combination of legal training and Stoic influence (whether direct

or unconscious) seems to have been capable of bringing the Roman

aristocratic character to a high pitch of perfection; and it will be

pleasant to take this friend of Cicero, whose public career we can

clearly trace, and one or two of whose letters we still possess, as

our example of a really well spent life in an age when time and talent

were constantly abused and wasted.

Sulpicius and Cicero were born in the same year, 106; they went hand

in hand in early life, and remained friends till their deaths in 43,

Sulpicius dying a few months before Cicero. They were both attached

in early youth to the Scaevola just mentioned, the first of the great

series of scientific Roman lawyers. But the consulship of Cicero

made a wide divergence in their lives. In that year Sulpicius was a

candidate for the consulship and failed; and then, resigning further

attempts to obtain the highest honour, he retired for the next twelve

years into private life, devoting himself to the work which has made

his name immortal. His writings are lost; nothing remains of them but

a few chance fragments and allusions; but he was reckoned the second

of the great writers on legal subjects, and it is probable that he

contributed as much as any of them to the work of making Roman

law what it has been as a power in the world, a factor in modern

civilisation. For he treated it, as his friend said of him,[177] with

the hand and mind of an artist, laying out his whole subject and

distributing it into its constituent parts, by definition and

interpretation making clear what seemed obscure, and distinguishing

the false from the true in legal principle. In the splendid panegyric

pronounced on him in the senate after his death,[178] Cicero again

emphatically declared him to be unrivalled in jurisprudence. In

beautiful but untranslatable language he claims that he was "non magis

iuris consultus, quam iustitiae,"--an encomium which all great

lawyers might well envy; he aimed rather at enabling men to be rid of

litigation than at encouraging them to engage in it.

From such passages we might conjecture, even if we knew nothing

more about him, that Sulpicius was a man of very fine clay, of real

_humanitas_ in the widest sense of that expressive word; and this

is entirely borne out in other ways.[179] Emerging at last from

retirement, he stood again for the consulship in 52 B.C., and was

elected. The year of his office, 51, was the first in which the

enemies of Caesar, with Cato at their head, began to attack his

position and clamour for his recall from his command; this violent

hostility Sulpicius tried, not without temporary success, to restrain,

and the fact that a man of so just a mind should have taken this

line is one of the best arguments for the reasonableness of Caesar's

cause.[180] When war broke out he was greatly perplexed how to act;

his breadth of view made decision difficult, and he seems to have

been at all times more a student than a man of action. With some

heart-burnings he joined Caesar in the struggle, and accepted from him

the government of Achaia; it was at this time that he wrote the famous

letter of consolation to Cicero on the death of his beloved daughter

Tullia, which is full of true feeling and kindliness, though evidently

composed with effort, if not with difficulty. After Caesar's death he

of course acted with Cicero against Antony, and in the spring of

43, making always for peace and good-will, he gave his life for his

country in a way that claims our admiration more really than the

suicide of Cato the professional Stoic; he headed an embassy to

Antony, though dangerously ill at the time, and died in this last

effort to obtain a hearing for the voice of justice. He has a

_monumentum aere perennius_ in the speech of his old friend urging the

senate to vote him a public funeral and a statue, as one who had laid

down his life for his country.

We must now turn to consider how the mischievous side of the new Greek

culture, in combination with other tendencies of the time, found its

way into weak points in the armour of the Roman aristocracy.

The pursuit of ease and pleasure, to which the attainment of wealth

and political power were too often merely subordinated, is a leading

characteristic of the time. It is seen in many different forms, in

many different types of character; but at the root of the whole

corruption is the spirit of the coarser side of Epicureanism. As with

Roman Stoicism, so too with Roman Epicureanism, it is not so much the

professed holding of philosophical tenets that affected life; in the

case of the latter system, it was the coincidence of its popularity

with the decay of the old Roman faith and morality, and with the

abnormal opportunities of self-indulgence. Cato as a professed Stoic,

Lucretius as an enthusiastic Epicurean, stand quite apart from

the mass of men who were actuated one way or the other by these

philosophical creeds. The majority simply played with the philosophy,

while following the natural bent of their individual character; but

such dilettanteism was often quite enough to affect that character

permanently for good or evil.

"Epicureanism popularised inevitably turns to vice." Was it really

popular at Rome? Cicero tells us in a valuable passage[181] that one

Amafinius had written on it, and that a great number of copies of his

book were sold, partly because the arguments were easy to follow,

partly because the doctrine was pleasant, and partly too because men

failed to get hold of anything better. The date of this Amafinius is

uncertain, but it is probable that Cicero is here speaking of the

latter part of the second century B.C.; and he goes on to say that

other writers took up the same line of teaching, and established it

over the whole of Italy (Italiam totam occupaverunt). If this was

in the time of the Social and Civil Wars, of the proscriptions, of

increasing crime and self-seeking, we can well understand that the

doctrine was popular. We have a remarkable example of it in the life

of a public man of Cicero's own time, the object of the most envenomed

invective that he ever uttered.[182] We cannot believe a tithe of what

he says about this man, Calpurnius Piso, consul in 58; but in this

particular matter of the damage done him by Epicurean teaching we have

independent evidence which confirms it. Piso, then a young man, made

acquaintance with a Greek of this school of thought, learnt from him

that pleasure was the sole end of life, and failing to appreciate the

true meaning and bearing of the doctrine, fell into the trap. It was

a dangerous doctrine, Cicero says, for a youth of no remarkable

intelligence; and the tutor, instead of being the young man's guide to

virtue, was used by him as an authority for vice.[183] This Greek was

a certain Philodemus, a few of whose poems are preserved in the _Greek

Anthology_; and a glance at them will show at once how dangerous such

a man would be as the companion of a Roman youth. He may not himself

have been a bad man--Cicero indeed rather suggests the contrary,

calling him _vere humanus_--but the air about him was poisonous. In

his pupil, if we can trust in the smallest degree the picture drawn of

him by Cicero, we may see a specimen of the young men of the age whose

talents might have made them useful in the world, but for the strength

of the current that drew them into self-indulgence.

Not only the pursuit of pleasure, but its correlative, the avoidance

of work and duty, can be abundantly illustrated in this age; and this

too may have had a subtle connexion with Epicurean teaching, which had

always discouraged the individual from distraction in the service of

the State, as disturbing to the free development of his own virtue.

Sulla did much hard work, but made the serious blunder of retiring to

enjoy himself just when his new constitutional machinery needed the

most careful watching and tending. Lucullus, after showing a wonderful

capacity for work and a greater genius for war than perhaps any man of

his time, retired from public life as a millionaire and a quietist,

to enjoy the wealth that has become proverbial, and a luxury that is

astonishing, even if we make due allowance for the exaggeration of our

accounts of it. To his library we have already been introduced; those

who would see him in his banqueting-hall, or rather one of the many

in his palace, may turn to the fortieth chapter of Plutarch's most

interesting _Life_ of him, and read the story there told of the dinner

he gave to Cicero and Pompeius in the "Apollo" dining-room.[184]

The same cynical carelessness about public affairs and neglect of

duty, as compared with private ease or advantage, seems to have been

characteristic of the ordinary senator. Active and busy in his own

interest, he was indifferent to that of the State. There are distinct

signs that the attendance in the senate was not good. When Cicero was

away in Cilicia his correspondent writes of difficulties in getting

together a sufficient number even for such important business as the

settlement of provincial governments.[185] On the other hand, much

private business was done, and many jobs perpetrated, in a thin

senate; in 66 a tribune proposed that no senator should be dispensed

from the action of a law unless two hundred were present.[186] It was

in such a thin senate, we may be sure, that the virtuous Brutus was

dispensed from the law which forbade lending to foreign borrowers in

Rome, and thus was enabled to lend to the miserable Salaminians of

Cyprus at 48 per cent, and to recover his money under the bond.[187]

Writing to his brother in December 57, Cicero speaks of business done

in a senate full for the time of year, which was midwinter, just

before the Saturnalia, when only two hundred were present out of about

six hundred. In February 54, a month when the senate had always much

business to get through, it was so cold one day that the few members

present clamoured for dismissal and obtained it.[188] And when the

senate did meet there was a constant tendency to let things go. No

reform of procedure is mentioned as even thought of, at a time when

it was far more necessary than in our Parliament; business was talked

about, postponed obstructed, and personal animosities and private

interests seem, so far as we can judge from the correspondence of the

time, to have been predominant. With wearisome iteration the letters

speak of nothing done, of business postponed, or of the passing of

some senatus consultum, the utter futility of which is obvious even

now.[189] Even the magistrates seem to have been growing careless; we

hear of a praetor presiding in the court de repetundis who had not

taken the trouble to acquaint himself with the text of the law which

governed its procedure;[190] and that praetors were worse than

careless about their action in civil cases is proved by another law of

the same tribune Cornelius mentioned just now, "that praetors should

abide by the rules laid down in their edicts."[191]

But all these futilities, and much of the same kind outside of the

senate, together with the quarrels of individuals, the chances and

incidents of elections, and all such gossip as forms the staple

commodity of the society papers of to-day, were a source of infinite

delight to another type of pleasure-loving public man, the last to be

illustrated here.

If the older noble families were apathetic and idle, there were plenty

of young men, rising most often from the class below, whose minds were

intensely active--active in the pursuit of pleasure, but pleasure in

the comparatively harmless form of amusement and excitement. One of

these, the son of a banker at Puteoli, Marcus Caelius Rufus, stands

out as a living portrait in his own letters to Cicero, of which no

fewer than seventeen are preserved.[192] Of his early years too we

know a good deal, told us in the speech in defence of him spoken by

Cicero in the year 56; and these combined sources of information make

him the most interesting figure in the life of his age. M. Boissier

has written a delightful essay on him in his _Cicéron et ses amis_,

and Professor Tyrrell has done the like in the introduction to the

fourth volume of his edition of Cicero's letters; but they have

treated him less as a type of the youth of his day than as the friend

and pupil of Cicero. Caelius will always repay fresh study; he was

amusing and interesting to his contemporaries, and so he will be for

ever to us. He is a veritable Proteus--you never know what shape he

will take next;

Omnia transformat sese in miracula rerum----

we can trace no less than six such transformations in the story of

his life. And this instability, let us note at once, was not the

restlessness of a jaded _roué_, but the coruscation of a clever mind

wholly without principle, intensely interested in his _monde_, in the

life in which he moved, with all its enjoyment and excitement.

Caelius' father brought his son to Cicero, as soon as he had taken

his toga virilis, to study law and oratory, and Cicero was evidently

attracted by the bright and lively boy; he never deserted him, and

the last letter of Caelius to his old preceptor was written only just

before his own sad end. But Cicero was not the man to keep an unstable

character out of mischief; he loved young men, especially clever ones,

and was apt to take an optimistic view of them, as he did of his own

son and nephew. Caelius, always attracted by novelty, left Cicero and

attached himself to Catiline; and for this vagary, as well as for his

own want of success in controlling his pupil, Cicero rather awkwardly

and amusingly apologises in the early chapters of his speech in his

defence. Wild oats must be sown, he says; when a youth has given full

fling to his propensities to vice, they will leave him, and he may

become a useful citizen,--a dangerous view of a preceptor's duty,

which reminds us of the treatment, of the boy Nero by his philosopher

guardian long afterwards.[193]

Caelius escaped the fate of Catiline and his crew only to fall into

the hands of another clique not less dangerous for his moral welfare.

He became one of a group of brilliant young men, among whom were

probably Catullus and Calvus the poets, who were lovers, and

passionate lovers, of the infamous Clodia; they were needy, she found

them money, and they hovered about her like moths about a candle. In

such a life of passion and pleasure quarrels were inevitable. If the

Lesbia of Catullus be Clodia, as we may believe, she had thrown the

poet over with a light heart. It was apparently of his own free will

that Caelius deserted her: in revenge she turned upon him with an

accusation of theft and attempt to poison. What truth there was in the

charges we do not really know, but Cicero defended him successfully,

and in this way we come to know the details of this unsteady life.

In gratitude, and possibly in shame, Caelius now returned to his old

friend, and abandoned the whole ring of his vicious companions for

diligent practice in the courts, where he obtained considerable fame

as an orator. A fragment of a speech of his preserved by Quintilian

shows, as Professor Tyrrell observes, wonderful power of graphic

and picturesque utterance.[194] Cicero, writing of him after his

death,[195] says that he was at this time on the right side in

politics, and that as tribune of the plebs in 56 he successfully

supported the good cause, and checked revolutionary and seditious

movements. All was going well with him until Cicero went as governor

to Cilicia in 51. Cicero seems to have felt complete confidence

in him, and invited him to become his confidential political

correspondent; fifteen out of his seventeen letters were written in

this capacity. These letters show us the man as clearly as if we had

his diary before us. Caelius is no idle scamp or lazy Epicurean; his

mind is constantly active: nothing escapes his notice: the minutest

and most sordid things delight him. He is bright, happy, witty,

frivolous, and doubtless lovable. It is amusing to see how Cicero

himself now and again catches the infection, and tries (in vain) to

write in the same frivolous manner.[196] Caelius has some political

insight; he sees civil war approaching, but he takes it all as a game,

and on the eve of events which were to shake the world he trifles

with the symptoms as though they were the silliest gossip of the

capital.[197] In none of these letters is there the smallest vestige

of principle to be found. On the very eve of civil war he tells

Cicero[198] that as soon as war breaks out the right thing to do is to

join the stronger side. Judging Caesar's side to be the stronger, he

joined it accordingly, and did his best to induce Cicero to do the

same. As M. Boissier happily says, he never cared to "ménager ses

transitions."

He had, however, to discover that if to change over to Caesar was the

safer course, to turn a political somersault once more, to try and

undermine the work of the master, meant simply ruin. We have the story

of his sixth and last transformation from Caesar himself, who was not,

however, in Italy at the time.[199] Credit in Italy had been seriously

upset by the outbreak of Civil War, and Caesar had been at much pains

to steady it by an ordinance which has been alluded to in the last

chapter.[200] In 48 Caelius was praetor; in the master's absence he

suddenly took up the cause of the debtors, and tried to evoke appeals

against the decisions of his colleague Trebonius,--a great lawyer and

a just man. Failing in this, he started as a downright revolutionary,

proposing first the abolition of house-rent, and finally the abolition

of all debts; and Milo, in exile at Massilia, was summoned to help

him to raise Italy against Caesar. This was too much, and both were

quickly caught and killed as they were stirring up gladiators and

other slave-bands among the latifundia of South Italy.

Caelius' letters give us a chance of seeing what that life of the

Forum really was which so fascinated the young men of the day, and

some of the old, such as Cicero himself. We can see these children

playing on the very edge of the crater, like the French noblesse

before the Revolution. In both cases there was a semi-consciousness

that the eruption was not far off,--but they went on playing. What was

it that so greatly amused and pleased them?

What Caelius is always writing of is mainly elections and canvassing,

accusations and trials, games and shows. Elections he treats as pure

sport, as a kind of enjoyable gambling, or as a means of spiting some

one whom you want to annoy. With elections accusations were often

connected: if a man were accused before his election he could not

continue to stand; if condemned after it he was disqualified; here

were ways in which personal spite might deprive him of success at the

last moment.[201] Accusations, too were of course the best means by

which an ambitious young man could come to the front. The whole number

of trials mentioned by Caelius is astonishing; sometimes there is such

a complication of them as is difficult to follow. Every one is ready

to lay an accusation, without the smallest regard for truth. Young

Appius Claudius accuses Servilius, and makes a mess of the attack,

while the praetor mismanages the conduct of the trial, so that nothing

comes of it; but finally Appius is himself accused by the Servilii

_de vi_, in order to keep him from further attacks on Servilius![202]

Appius the father quarrelled with Caelius and egged on others to

accuse him, though he was curule aedile at the time. "Their impudence

was so boundless that they secured that an information should be

laid against me for a very serious crime (under the Scantinian law).

Scarcely had Pola got the words out of his mouth, when I laid an

information under the same law against the censor, Appius. I never saw

a more successful stroke!"[203]

Of the games, and the panthers to be exhibited at them, about which

Caelius is for ever worrying his friend in Cilicia, we shall see

something in another chapter. There is plenty of other gossip in these

letters, and gossip often about unsavoury matters which need not be

noticed here. It lets in a flood of light upon the causes of the

general incompetence and inefficiency; the life of the Forum was a

demoralising one:

Uni se atque eidem studio omnes dedere et arti

uerba dare ut caute possint, pugnare dolose:

blanditia certare, bonum simulare uirum se:

insidias facere, ut si hostes sint omnibus omnes.[204]

From what has been said in this sketch it should be clear that we have

in the aristocracy of this period a complicated society, the various

aspects of which can hardly be united in a single picture. It is

partly a hereditary aristocracy, with all the pride and exclusiveness

of a group of old families accustomed to power and consequence. It is

in the main a society of gentlemen, dignified in manner, and kindly

towards each other, and it is also a society of high culture and

literary ability, though poor in creative genius, and unimaginative.

On the other hand, it is a class which has lost its interest in

the State, and is energetic only when pursuing its own interests:

pleasure-loving, luxurious, gossiping, trifling with serious matters,

short-sighted in politics because anxious only for personal advance.

"Rari nantes in gurgite vasto" are the men who are really in earnest,

but they are there; we must not forget that in Lucretius and Cicero

this society produced one of the greatest poets and one of the most

perfect prose writers that the world treasures; in Sulpicius a lawyer

of permanent value to humanity, and in Caesar not only an author and a

scholar but a man of action unrivalled in capacity and industry.

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