The Life of Cicero, Volume One. Anthony Trollope
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was carried on with a semblance of liberty, and was compatible with a belief in the majesty of the Roman citizen. When Cicero began his work, Consuls, Prætors, Ædiles, and Quæstors were still chosen by the votes of the citizens. There was bribery, no doubt, and intimidation, and a resort to those dirty arts of canvassing with which we English have been so familiar; but in Cicero's time the male free inhabitants of Rome did generally carry the candidates to whom they attached themselves. The salt of their republican theory was not as yet altogether washed out from their practice.
The love of absolute liberty as it has been cultivated among modern races did not exist in the time of Cicero. The idea never seems to have reached even his bosom, human and humanitarian as were his sympathies, that a man, as man, should be free. Half the inhabitants of Rome were slaves, and the institution was so grafted in the life of the time that it never occurred to a Roman that slaves, as a body, should be manumitted. The slaves themselves, though they were not, as have been the slaves whom we have seen, of a different color and presumed inferior race, do not themselves seem to have entertained any such idea. They were instigated now and again to servile wars, but there was no rising in quest of freedom generally. Nor was it repugnant to the Roman theory of liberty that the people whom they dominated, though not subjected to slavery, should still be outside the pale of civil freedom. That boon was to be reserved for the Roman citizen, and for him only. It had become common to admit to citizenship the inhabitants of other towns and further territories. The glory was kept not altogether for Rome, but for Romans.
Thus, though the government was oligarchical, and the very essence of freedom ignored, there was a something which stood in the name of liberty, and could endear itself to a real patriot. With genuine patriotism Cicero loved his country, and beginning his public life as he did at the close of Sylla's tyranny, he was able to entertain a dream that the old state of things might be restored and the republican form of government maintained. There should still be two Consuls in Rome, whose annual election would guard the State against regal dominion. And there should, at the same time, be such a continuance of power in the hands of the better class—the "optimates," as he called them—as would preserve the city from democracy and revolution. No man ever trusted more entirely to popular opinion than Cicero, or was more anxious for aristocratic authority. But neither in one direction nor the other did he look for personal aggrandizement, beyond that which might come to him in accordance with the law and in subjection to the old form of government.
It is because he was in truth patriotic, because his dreams of a Republic were noble dreams, because he was intent on doing good in public affairs, because he was anxious for the honor of Rome and of Romans, not because he was or was not a "real power in the State" that his memory is still worth recording. Added to this was the intellect and the wit and erudition of the man, which were at any rate supreme. And then, though we can now see that his efforts were doomed to failure by the nature of the circumstances surrounding him, he was so nearly successful, so often on the verge of success, that we are exalted by the romance of his story into the region of personal sympathy. As we are moved by the aspirations and sufferings of a hero in a tragedy, so are we stirred by the efforts, the fortune, and at last the fall of this man. There is a picturesqueness about the life of Cicero which is wanting in the stories of Marius or Sylla, of Pompey, or even of Cæsar—a picturesqueness which is produced in great part by these very doubtings which have been counted against him as insincerity.
His hands were clean when the hands of all around him were defiled by greed. How infinitely Cicero must have risen above his time when he could have clean hands! A man in our days will keep himself clean from leprosy because to be a leper is to be despised by those around him. Advancing wisdom has taught us that such leprosy is bad, and public opinion coerces us. There is something too, we must suppose, in the lessons of Christianity. Or it may be that the man of our day, with all these advantages, does not keep himself clean—that so many go astray that public opinion shall almost seem to tremble in the balance. Even with us this and that abomination becomes allowable because so many do it. With the Romans, in the time of Cicero, greed, feeding itself on usury, rapine, and dishonesty, was so fully the recognized condition of life that its indulgence entailed no disgrace. But Cicero, with eyes within him which saw farther than the eyes of other men, perceived the baseness of the stain. It has been said also of him that he was not altogether free from reproach. It has been suggested that he accepted payment for his services as an advocate, any such payment being illegal. The accusation is founded on the knowledge that other advocates allowed themselves to be paid, and on the belief that Cicero could not have lived as he did without an income from that source. And then there is a story told of him that, though he did much at a certain period of his life to repress the usury, and to excite at the same time the enmity of a powerful friend, he might have done more. As we go on, the stories of these things will be told; but the very nature of the allegations against him prove how high he soared in honesty above the manners of his day. In discussing the character of the men, little is thought of the robberies of Sylla, the borrowings of Cæsar, the money-lending of Brutus, or the accumulated wealth of Crassus. To plunder a province, to drive usury to the verge of personal slavery, to accept bribes for perjured judgment, to take illegal fees for services supposed to be gratuitous, was so much the custom of the noble Romans that we hardly hate his dishonest greed when displayed in its ordinary course. But because Cicero's honesty was abnormal, we are first surprised, and then, suspecting little deviations, rise up in wrath against him, because in the midst of Roman profligacy he was not altogether a Puritan in his money matters.
Cicero is known to us in three great capacities: as a statesman, an advocate, and a man of letters. As the combination of such pursuits is common in our own days, so also was it in his. Cæsar added them all to the great work of his life as a soldier. But it was given to Cicero to take a part in all those political struggles, from the resignation of Sylla to the first rising of the young Octavius, which were made on behalf of the Republic, and were ended by its downfall. His political life contains the story of the conversion of Rome from republican to imperial rule; and Rome was then the world. Could there have been no Augustus, no Nero, and then no Trajan, all Europe would have been different. Cicero's efforts were put forth to prevent the coming of an Augustus or a Nero, or the need of a Trajan; and as we read of them we feel that, had success been possible, he would have succeeded.
As an advocate he was unsurpassed. From him came the feeling—whether it be right or wrong—that a lawyer, in pleading for his client, should give to that client's cause not only all his learning and all his wit, but also all his sympathy. To me it is marvellous, and interesting rather than beautiful, to see how completely Cicero can put off his own identity and assume another's in any cause, whatever it be, of which he has taken the charge. It must, however, be borne in mind that in old Rome the distinction between speeches made in political and in civil or criminal cases was not equally well marked as with us, and also that the reader having the speeches which have come down to us, whether of one nature or the other, presented to him in the same volume, is apt to confuse the public and that which may, perhaps, be called the private work of the man. In the speeches best known to us Cicero was working as a public man for public objects, and the ardor, I may say the fury, of his energy in the cause which he was advocating was due to his public aspirations. The orations which have come to us in three sets, some of them published only but never spoken—those against Verres, against Catiline, and the Philippics against Antony—were all of this nature, though the first concerned the conduct of a criminal charge against one individual. Of these I will speak in their turn; but I mention them here in order that I may, if possible, induce the reader to begin his inquiry into Cicero's character as an advocate with a just conception of the objects of the man. He wished, no doubt, to shine, as does the barrister of to-day: he wished to rise; he wished, if you will, to make his fortune, not by the taking of fees, but by extending himself into higher influence by the authority of his name. No doubt he undertook this and the other case without reference to the truth or honesty of the cause, and, when he did so, used all his energy for the bad, as he did for the good cause. There seems to be special accusation made against him on this head, as though, the very fact that he undertook his work without pay threw upon him the additional obligation of undertaking no cause that was not in itself upright. With us the advocate does this notoriously for his fee. Cicero did it as notoriously in furtherance of some political object of the moment, or in maintenance of a friendship which was politically important. I say