The Orations of Marcus Tullius Cicero Part 8

Pansa summoned the senate to receive the report of the amba.s.sador, when Cicero made a severe speech, proposing very vigorous measures against Antonius, which, however, Galenus and his party were still numerous enough to mitigate very greatly; and even Pansa voted against him and in favour of the milder measures though they could not prevail against Cicero to have a second emba.s.sy sent to Antonius, and though Cicero carried his point of ordering the citizens to a.s.sume the _sagum_, or robe of war which he also (waving his privilege as a man of consular rank) wore himself. The next day the senate met again, to draw upon form the decrees on which they had resolved the day before, when Cicero addressed the following speech to them, expostulating with them for their wavering the day before.

I. Matters were carried on yesterday, O Caius Pansa, in a more irregular manner than the beginning of your consulship required. You did not appear to me to make sufficient resistance to those men, to whom you are not in the habit of yielding. For while the virtue of the senate was such as it usually is, and while all men saw that there was war in reality, and some thought that the name ought to be kept back, on the division, your inclination inclined to lenity. The course which we proposed therefore was defeated, at your instigation, on account of the harshness of the word war. That urged by Lucius Caesar, a most honourable man, prevailed, which, taking away that one harsh expression, was gentler in its language than in its real intention.

Although he, indeed, before he delivered his opinion at all, pleaded his relationship to Antonius in excuse for it. He had done the same in my consulship, in respect of his sister's husband, as he did now in respect of his sister's son, so that he was moved by the grief of his sister, and at the same time he wished to provide for the safety of the republic.

And yet Caesar himself in some degree recommended you, O conscript fathers, not to agree with him, when he said that he should have expressed quite different sentiments, worthy both of himself and of the republic, if he had not been hampered by his relationship to Antonius. He, then, is his uncle, are you his uncles too, you who voted with him?

But on what did the dispute turn? Some men, in delivering their opinion, did not choose to insert the word "war". They preferred calling it "tumult," being ignorant not only of the state of affairs, but also of the meaning of words. For there can be a "war" without a "tumult," but there cannot be a "tumult" without a "war." For what is a "tumult," but such a violent disturbance that an unusual alarm is engendered by it? from which indeed the name "tumult"[39] is derived.

Therefore, our ancestors spoke of the Italian "tumult," which was a domestic one, of the Gallic "tumult," which was on the frontier of Italy, but they never spoke of any other. And that a "tumult" is a more serious thing than a "war" may be seen from this, that during a war exemptions from military service are valid, but in a tumult they are not. So that it is the fact, as I have said, that war can exist without a tumult, but a tumult cannot exist without a war. In truth, as there is no medium between war and peace, it is quite plain that a tumult, if it be not a sort of war, must be a sort of peace; and what more absurd can be said or imagined? However, we have said too much about a word; let us rather look to the facts, O conscript fathers, the appreciation of which, I know, is at times injured by too much attention being paid to words.

II. We are unwilling that this should appear to be a war. What is the object, then, of our giving authority to the munic.i.p.al towns and colonies to exclude Antonius? of our authorizing soldiers to be enlisted without any force, without the terror of any fine, of their own inclination and eagerness? of permitting them to promise money for the a.s.sistance of the republic? For if the name of war be taken away, the zeal of the munic.i.p.al towns will be taken away too. And the unanimous feeling of the Roman people which at present pours itself into our cause, if we cool upon it, must inevitably be damped.

But why need I say more? Decimus Brutus is attacked. Is not that war?

Mutina is besieged. Is not even that war? Gaul is laid waste. What peace can be more a.s.sured than this? Who can think of calling that war? We have sent forth a consul, a most gallant man, with an army, who, though he was in a weak state from a long and serious illness, still thought he ought not to make any excuse when he was summoned to the protection of the republic. Caius Caesar, indeed, did not wait for our decrees; especially as that conduct of his was not unsuited to his age. He undertook war against Antonius of his own accord; for there was not yet time to pa.s.s a decree; and he saw that, if he let slip the opportunity of waging war, when the republic was crushed it would be impossible to pa.s.s any decrees at all. They and their arms, then, are now at peace. He is not an enemy whose garrison Hirtius has driven from Claterna; he is not an enemy who is in arms resisting a consul, and attacking a consul elect; and those are not the words of an enemy, nor is that warlike language, which Pansa read just now out of his colleague's letters: "I drove out the garrison." "I got possession of Claterna." "The cavalry were routed." "A battle was fought." "A good many men were slain." What peace can be greater than this? Levies of troops are ordered throughout all Italy; all exemptions from service are suspended; the robe of war is to be a.s.sumed to-morrow, the consul has said that he shall come down to the senate house with an armed guard.

Is not this war? Ay, it is such a war as has never been. For in all other wars, and most especially in civil wars, it was a difference as to the political state of the republic which gave rise to the contest.

Sylla contended against Sulpicius about the force of laws which Sylla said had been pa.s.sed by violence. Cinna warred against Octavius because of the votes of the new citizens. Again, Sylla was at variance with Cinna and Marius, in order to prevent unworthy men from attaining power, and to avenge the cruel death of most ill.u.s.trious men. The causes of all these wars arose from the zeal of different parties, for what they considered the interest of the republic. Of the last civil war I cannot bear to speak. I do not understand the cause of it, I detest the result.

III. This is the fifth civil war, (and all of them have fallen upon our times,) the first which has not only not brought dissensions and discord among the citizens, but which has been signalised by extraordinary unanimity and incredible concord. All of them have the same wish, all defend the same objects, all are inspired with the same sentiments. When I say all, I except those whom no one thinks worthy of being citizens at all. What, then, is the cause of war, and what is the object aimed at? We are defending the temples of the immortal G.o.ds, we are defending the walls of the city, we are defending the homes and habitations of the Roman people, the household G.o.ds, the altars, the hearths and the sepulchres of our forefathers, we are defending our laws, our courts of justice, our freedom, our wives, our children, and our country. On the other hand, Marcus Antonius labours and fights in order to throw into confusion and overturn all these things, and hopes to have reason to think the plunder of the republic sufficient cause for the war, while he squanders part of our fortunes, and distributes the rest among his parricidal followers.

While, then, the motives for war are so different, a most miserable circ.u.mstance is what that fellow promises to his band of robbers. In the first place our houses, for he declares that he will divide the city among them, and after that he will lead them out at whatever gate and settle them on whatever lands they please. All the Caphons,[40]

all the Saxas, and the other plagues which attend Antonius, are marking out for themselves in their own minds most beautiful houses, and gardens, and villas, at Tusculum and Alba; and those clownish men--if indeed they are men, and not rather brute beasts--are borne on in their empty hopes as far as the waters and Puteoli. So Antonius has something to promise to his followers. What can we do? Have we anything of the sort? May the G.o.ds grant us a better fate! for our express object is to prevent any one at all from hereafter making similar promises. I say this against my will, still I must say it;--the auction sanctioned by Caesar, O conscript fathers, gives many wicked men both hope and audacity. For they saw some men become suddenly rich from having been beggars. Therefore, those men who are hanging over our property, and to whom Antonius promises everything, are always longing to see an auction. What can we do? What do we promise our soldiers? Things much better and more honourable. For promises to be earned by wicked actions are pernicious both to those who expect them, and to those who promise them. We promise to our soldiers freedom, rights, laws, justice, the empire of the world, dignity, peace, tranquillity. The promises then of Antonius are b.l.o.o.d.y, polluted, wicked, odious to G.o.ds and men, neither lasting nor salutary; ours, on the other hand, are honourable, upright, glorious, full of happiness, and full of piety.

IV. Here also Quintus Fufius, a brave and energetic man, and a friend of mine, reminds me of the advantages of peace. As if, if it were necessary to praise peace, I could not do it myself quite as well as he. For is it once only that I have defended peace? Have I not at all times laboured for tranquillity? which is desirable for all good men, but especially for me. For what course could my industry pursue without forensic causes, without laws, without courts of justice? and these things can have no existence when civil peace is taken away. But I want to know what you mean, O Calenus? Do you call slavery peace?

Our ancestors used to take up arms not merely to secure their freedom, but also to acquire empire; you think that we ought to throw away our arms, in order to become slaves. What juster cause is there for waging war than the wish to repel slavery? in which, even if one's master be not tyrannical, yet it is a most miserable thing that he should be able to be so if he chooses. In truth, other causes are just, this is a necessary one. Unless, perhaps, you think that this does not apply to you, because you expect that you will be a partner in the dominion of Antonius. And there you make a two-fold mistake: first of all, in preferring your own to the general interest; and in the next place, in thinking that there is anything either stable or pleasant in kingly power. Even if it has before now been advantageous to you, it will not always be so. Moreover, you used to complain of that former master, who was a man; what do you think you will do when your master is a beast? And you say that you are a man who have always been desirous of peace, and have always wished for the preservation of all the citizens. Very honest language; that is, if you mean all citizens who are virtuous, and useful, and serviceable to the republic; but if you wish those who are by nature citizens, but by inclination enemies, to be saved, what difference is there between you and them? Your father, indeed, with whom I as a youth was acquainted, when he was an old man, --a man of rigid virtue and wisdom,--used to give the greatest praise of all citizens who had ever lived to Publius Nasica, who slew Tiberius Gracchus. By his valour, and wisdom, and magnanimity he thought that the republic had been saved. What am I to say? Have we received any other doctrine from our fathers? Therefore, that citizen--if you had lived in those times--would not have been approved of by you, because he did not wish all the citizens to be safe.

"Because Lucius Opimius the consul has made a speech concerning the republic, the senators have thus decided on that matter, that Opimius the consul shall defend the republic." The senate adopted these measures in words, Opimius followed them up by his arms. Should you then, if you had lived in those times, have thought him a hasty or a cruel citizen? or should you have thought Quintus Metellus one, whose four sons were all men of consular rank? or Publius Lentulus the chief of the senate, and many other admirable men, who, with Lucius Opimius the consul, took arms, and pursued Gracchus to the Aventine? and in the battle which ensued, Lentulus received a severe wound, Gracchus was plain, and so was Marcus Fulvius, a man of consular rank, and his two youthful sons. Those men, therefore, are to be blamed; for they did not wish all the citizens to be safe.

V. Let us come to instances nearer our own time. The senate entrusted the defence of the republic to Caius Marius and Lucius Valerius, the consuls; Lucius Saturninus, a tribune of the people, and Caius Glaucia the praetor, were slain. On that day, all the Scauri, and Metelli, and Claudii, and Catuli, and Scaevolae, and Cra.s.si took arms. Do you think either those consuls or those other most ill.u.s.trious men deserving of blame? I myself wished Catiline to perish. Did you who wish every one to be safe, wish Catiline to be safe? There is this difference, O Calenus, between my opinion and yours. I wish no citizen to commit such crimes as deserve to be punished with death. You think that, even if he has committed them, still he ought to be saved. If there is anything in our own body which is injurious to the rest of the body, we allow that to be burnt and cut out, in order that a limb may be lost in preference to the whole body. And so in the body of the republic, whatever is rotten must be cut off in order that the whole may be saved. Harsh language! This is much more harsh, "Let the worthless, and wicked and impious be saved, let the innocent, the honourable, the virtuous, the whole republic be destroyed." In the case of one individual, O Quintus Fufius, I confess that you saw more than I did. I thought Publius Clodius a mischievous, wicked, l.u.s.tful, impious, audacious, criminal citizen. You, on the other hand, called him religious, temperate, innocent, modest; a citizen to be preserved and desired. In this one particular I admit that you had great discernment, and that I made a great mistake. For as for your saying that I am in the habit of arguing against you with ill-temper, that is not the case. I confess that I argue with vehemence, but not with ill-temper. I am not in the habit of getting angry with my friends every now and then, not even if they deserve it. Therefore, I can differ from you without using any insulting language, though not without feeling the greatest grief of mind. For is the dissension between you and me a trifling one, or on a trifling subject? Is it merely a case of my favouring this man, and you that man? Yes; I indeed favour Decimus Brutus, you favour Marcus Antonius; I wish a colony of the Roman people to be preserved, you are anxious that it should be stormed and destroyed.

VI. Can you deny this, when you interpose every sort of delay calculated to weaken Brutus, and to improve the position of Antonius?

For how long will you keep on saying that you are desirous of peace?

Matters are progressing rapidly; the works have been carried on; severe battles are taking place. We sent three chief men of the city to interpose. Antonius has despised, rejected, and repudiated them.

And still you continue a persevering defender of Antonius. And Calenus, indeed, in order that he may appear a more conscientious senator, says that he ought not to be a friend to him; since, though Antonius was under great obligations to him, he still had acted against him. See how great is his affection for his country. Though he is angry with the individual, still he defends Antonius for the sake of his country.

When you are so bitter, O Quintus Fufius, against the people of Ma.r.s.eilles, I cannot listen to you with calmness. For how long are you going to attack Ma.r.s.eilles? Does not even a triumph put an end to the war? in which was carried an image of that city, without whose a.s.sistance our forefathers never triumphed over the Transalpine nations. Then, indeed, did the Roman people groan. Although they had their own private griefs because of their own affairs, still there was no citizen who thought the miseries of this most loyal city unconnected with himself. Caesar himself, who had been the most angry of all men with them, still, on account of the unusually high character and loyalty of that city, was every day relaxing something of his displeasure. And is there no extent of calamity by which so faithful a city can satiate you? Again, perhaps, you will say that I am losing my temper. But I am speaking without pa.s.sion, as I always do, though not without great indignation. I think that no man can be an enemy to that city, who is a friend to this one. What your object is, O Calenus, I cannot imagine. Formerly we were unable to deter you from devoting yourself to the gratification of the people; now we are unable to prevail on you to show any regard for their interests. I have argued long enough with Fufius, saying everything without hatred, but nothing without indignation. But I suppose that a man who can bear the complaint of his son in law with indifference, will bear that of his friend with great equanimity.

VII. I come now to the rest of the men of consular rank of whom there is no one, (I say this on my own responsibility,) who is not connected with me in some way or other by kindnesses conferred or received, some in a great, some in a moderate degree, but everyone to some extent or other. What a disgraceful day was yesterday to us! to us consulars, I mean. Are we to send amba.s.sadors again? What? would he make a truce?

Before the very face and eyes of the amba.s.sadors he battered Mutina with his engines. He displayed his works and his defences to the amba.s.sadors. The siege was not allowed one moment's breathing time, not even while the amba.s.sadors should be present. Send amba.s.sadors to this man! What for? in order to have great fears for their return?

In truth, though on the previous occasion I had voted against the amba.s.sadors being decreed, still I consoled myself with this reflection, that, when they had returned from Antonius despised and rejected, and had reported to the senate not merely that he had not withdrawn from Gaul, as we had voted that he should, but that he had not even retired from before Mutma, and that they had not been allowed to proceed on to Decimus Brutus, all men would be inflamed with hatred and stimulated by indignation, so that we should reinforce Decimus Brutus with arms, and horses, and men. But we have become even more languid since we have become acquainted with, not only the audacity and wickedness of Antonius, but also with his indolence and pride.

Would that Lucius Caesar were in health, that Servius Sulpicius were alive. This cause would be pleaded much better by these men, than it is now by me single handed. What I am going to say I say with grief, rather than by way of insult. We have been deserted--we have, I say, been deserted, O conscript fathers, by our chiefs. But, as I have often said before, all those who in a time of such danger have proper and courageous sentiments shall be men of consular rank. The amba.s.sadors ought to have brought us back courage, they have brought us back fear. Not, indeed, that they have caused me any fear--let them have as high an opinion as they please of the man to whom they were sent; from whom they have even brought back commands to us.

VIII. O ye immortal G.o.ds! where are the habits and virtues of our forefathers? Caius Popillius, in the time of our ancestors, when he had been sent as amba.s.sador to Antiochus the king, and had given him notice, in the words of the senate, to depart from Alexandria, which he was besieging, on the kings seeking to delay giving his answer, drew a line round him where he was standing with his rod, and stated that he should report him to the senate if he did not answer him as to what he intended to do before he moved out of that line which surrounded him. He did well for he had brought with him the countenance of the senate and the authority of the Roman people, and if a man does not obey that, we are not to receive commands from him in return, but he is to be utterly rejected. Am I to receive commands from a man who despises the commands of the senate? Or am I to think that he has anything in common with the senate, who besieges a general of the Roman people in spite of the prohibition of the senate? But what commands they are! With what arrogance, with what stupidity, with what insolence are they conceived! But what made him charge our amba.s.sadors with them when he was sending Cotyla to us, the ornament and bulwark of his friends, a man of aedilitian rank? if, indeed, he really was an aedile at the time when the public slaves flogged him with thongs at a banquet by command of Antonius.

But what modest commands they are! We must be non-hearted men, O conscript fathers, to deny anything to this man! "I give up both provinces," says he, "I disband my army, I am willing to become a private individual." For these are his very words. He seems to be coming to himself. "I am willing to forget everything, to be reconciled to everybody." But what does he add? "If you give booty and land to my six legions, to my cavalry, and to my praetorian cohort."

He even demands rewards for those men for whom, if he were to demand pardon, he would be thought the most impudent of men. He adds further, "Those men to whom the lands have been given which he himself and Dolabella distributed, are to retain them." This is the Campanian and Leontine district, both which our ancestors considered a certain resource in times of scarcity.

IX. He is protecting the interests of his buffoons and gamesters and pimps. He is protecting Capho's and Sasu's interests too, pugnacious and muscular centurions, whom he placed among his troops of male and female buffoons. Besides all this, he demands "that the decrees of himself and his colleague concerning Caesar's writings and memoranda are to stand." Why is he so anxious that every one should have what he has bought, if he who sold it all has the price which he received for it? "And that his accounts of the money in the temple of Ops are not to be meddled with." That is to say, that those seven hundred millions of sesterces are not to be recovered from him. "That the septemviri are to be exempt from blame or from prosecution for what they have done." It was Nucula, I imagine, who put him in mind of that, he was afraid, perhaps, of losing so many clients. He also wishes to make stipulations in favour of "those men who are with him who may have done anything against the laws." He is here taking care of Mustela and Tiro, he is not anxious about himself. For what has he done? has he ever touched the public money, or murdered a man, or had armed men about him? But what reason has he for taking so much trouble about them? For he demands, "that his own judiciary law be not abrogated."

And if he obtains that, what is there that he can fear? can he be afraid that any one of his friends may be convicted by Cydas, or Lysiades, or Curius? However, he does not press us with many more demands. "I give up," says he, "Gallia Togata; I demand Gallia Comata"[41]--he evidently wishes to be quite at his ease--'with six legions, and those made up to their full complement out of the army of Decimus Brutus,--not only out of the troops whom he has enlisted himself; "and he is to keep possession of it as long as Marcus Brutus and Carus Ca.s.sius, as consuls, or as proconsuls, keep possession of their provinces." In the comitia held by him, his brother Carus (for it is his year) has already been repulsed. "And I myself," says he, "am to retain possession of my province five years." But that is expressly forbidden by the law of Caesar, and you defend the acts of Caesar.

X. Were you, O Lucius Piso, and you, O Lucius Philippus, you chiefs of the city, able, I will not say to endure in your minds but even to listen with your ears to these commands of his? But, I suspect there was some alarm at work, nor, while in his power, could you feel as amba.s.sadors, or as men of consular rank, nor could you maintain our own dignity, or that of the republic. And nevertheless, somehow or other, owing to some philosophy, I suppose, you did what I could not have done,--you returned without any very angry feelings. Marcus Antonius paid you no respect, though you were most ill.u.s.trious men, amba.s.sadors of the Roman people. As for us, what concessions did not we make to Cotyla the amba.s.sador of Marcus Antonius? though it was against the law for even the gates of the city to be opened to him, yet even this temple was opened to him. He was allowed to enter the senate, here yesterday he was taking down our opinions and every word we said in his note books, and men who had been preferred to the highest honours sold themselves to him in utter disregard of their own dignity.

O ye immortal G.o.ds! how great an enterprise is it to uphold the character of a leader in the republic, for it requires one to be influenced not merely by the thoughts but also by the eyes of the citizens. To take to one's house the amba.s.sador of an enemy, to admit him to one's chamber, even to confer apart with him, is the act of a man who thinks nothing of his dignity, and too much of his danger. But what is danger? For if one is engaged in a contest where everything is at stake, either liberty is a.s.sured to one if victorious, or death if defeated, the former of which alternatives is desirable, and the latter some time or other inevitable. But a base flight from death is worse than any imaginable death. For I will never be induced to believe that there are men who envy the consistency or diligence of others, and who are indignant at the unceasing desire to a.s.sist the republic being approved by the senate and people of Rome. That is what we were all bound to do, and that was not only in the time of our ancestors, but even lately, the highest praise of men of consular rank, to be vigilant, to be anxious, to be always either thinking, or doing, or saying something to promote the interests of the republic.

I, O conscript fathers, recollect that Quintus Scaevola the augur, in the Marsic war, when he was a man of extreme old age, and quite broken down in const.i.tution, every day, as soon as it was daylight, used to give every one an opportunity of consulting him, nor, throughout all that war, did any one ever see him in bed, and, though old and weak, he was the first man to come into the senate house. I wish, above all things, that those who ought to do so would imitate his industry, and, next to that, I wish that they would not envy the exertions of another.

XI. In truth, O conscript fathers, now we have begun to entertain hopes of liberty again, after a period of six years, during which we have been deprived of it, having endured slavery longer than prudent and industrious prisoners usually do, what watchfulness, what anxiety, what exertions ought we to shrink from, for the sake of delivering the Roman people? In truth, O conscript fathers, though men who have had the honours conferred on them that we have, usually wear their gowns, while the rest of the city is in the robe of war, still I decided that at such a momentous crisis, and when the whole republic was in so disturbed a state, we would not differ in our dress from you and the rest of the citizens. For we men of consular rank are not in this war conducting ourselves in such a manner that the Roman people will be likely to look with equanimity on the ensigns of our honour, when some of us are so cowardly as to have cast away all recollection of the kindnesses which they have received from the Roman people, some are so disaffected to the republic that they openly allege that they favour this enemy, and easily bear having our amba.s.sadors despised and insulted by Antonius, while they wish to support the amba.s.sador sent by Antonius. For they said that he ought not to be prevented from returning to Antonius, and they proposed an amendment to my proposition of not receiving him. Well, I will submit to them. Let Varius return to his general, but on condition that he never returns to Rome. And as to the others, if they abandon their errors and return to their duty to the republic, I think they may be pardoned and left unpunished.

Therefore, I give my vote, "That of those men who are with Marcus Antonius, those who abandon his army, and come over either to Caius Pansa or Aulus Hirtius the consuls; or to Decimus Brutus, imperator and consul elect, or to Caius Caesar, propraetor, before the first of March next, shall not be liable to prosecution for having been with Antonius. That, if any one of those men who are now with Antonius shall do anything which appears ent.i.tled to honour or to reward, Caius Pansa and Aulus Hirtius the consuls, one or both of them, shall, if they think fit, make a motion to the senate respecting that man's honour or reward, at the earliest opportunity. That, if, after this resolution of the senate, any one shall go to Antonius except Lucius Varius, the senate will consider that that man has acted as an enemy to the republic."

THE NINTH ORATION OF M.T. CICERO AGAINST MARCUS ANTONIUS. CALLED ALSO THE NINTH PHILIPPIO.

THE ARGUMENT.

Servius Sulpicius, as has been already said, had died on his emba.s.sy to Marcus Antonius, before Mutina; and the day after the delivery of the preceding speech, Pansa again called the senate together to deliberate on the honours to be paid to his memory. He himself proposed a public funeral, a sepulchre, and a statue. Servilius opposed the statue, as due only to those who had been slain by violence while in discharge of their duties as amba.s.sadors. Cicero delivered the following oration in support of Pansa's proposition, which was carried.[42]

I. I wish, O conscript fathers, that the immortal G.o.ds had granted to us to return thanks to Servius Sulpicius while alive, rather than thus to devise honours for him now that he is dead. Nor have I any doubt, but that if that man had been able himself to give us his report of the proceedings of his emba.s.sy, his return would have been acceptable to you and salutary to the republic. Not that either Lucius Piso or Lucius Philippus have been deficient in either zeal or care in the performance of so important a duty and so grave a commission; but, as Servius Sulpicius was superior in age to them, and in wisdom to every one, he, being suddenly taken from the business, left the whole emba.s.sy crippled and enfeebled.

But if deserved honours have been paid to any amba.s.sador after death, there is no one by whom they can be found to have been ever more fully deserved than by Servius Sulpicius. The rest of those men who have died while engaged on an emba.s.sy, have gone forth, subject indeed to the usual uncertainties of life, but without any especial danger or fear of death. Servius Sulpicius set out with some hope indeed of reaching Antonius, but with none of returning. But though he was so very ill that if any exertion were added to his bad state of health, he would have no hope of himself, still he did not refuse to try, even while at his last gasp, to be of some service to the republic.

Therefore neither the severity of the winter, nor the snow, nor the length of the journey, nor the badness of the roads, nor his daily increasing illness, delayed him. And when he had arrived where he might meet and confer with the man to whom he had been sent, he departed this life in the midst of his care and consideration as to how he might best discharge the duty which he had undertaken.

As therefore, O Caius Pansa, you have done well in other respects, so you have acted admirably in exhorting us this day to pay honour to Servius Sulpicius, and in yourself making an eloquent oration in his praise. And after the speech which we have heard from you, I should have been content to say nothing beyond barely giving my vote, if I did not think it necessary to reply to Publius Servilius, who has declared his opinion that this honour of a statue ought to be granted to no one who has not been actually slain with a sword while performing the duties of his emba.s.sy. But I, O conscript fathers, consider that this was the feeling of our ancestors, that they considered that it was the cause of death, and not the manner of it, which was a proper subject for inquiry. In fact, they thought fit that a monument should be erected to any man whose death was caused by an emba.s.sy, in order to tempt men in perilous wars to be the more bold in undertaking the office of an amba.s.sador. What we ought to do, therefore, is, not to scrutinise the precedents afforded by our ancestors, but to explain their intentions from which the precedents themselves arose.

II. Lar Tolumnius, the king of Veii, slew four amba.s.sadors of the Roman people, at Fidenae, whose statues were standing in the rostra till within my recollection. The honour was well deserved. For our ancestors gave those men who had encountered death in the cause of the republic an imperishable memory in exchange for this transitory life.

We see in the rostra the statue of Cnaeus Octavius, an ill.u.s.trious and great man, the first man who brought the consulship into that family, which afterwards abounded in ill.u.s.trious men. There was no one then who envied him, because he was a new man; there was no one who did not honour his virtue. But yet the emba.s.sy of Octavius was one in which there was no suspicion of danger. For having been sent by the senate to investigate the dispositions of kings and of free nations, and especially to forbid the grandson of king Antiochus, the one who had carried on war against our forefathers, to maintain fleets and to keep elephants, he was slain at Laodicea, in the gymnasium, by a man of the name of Leptines. On this a statue was given to him by our ancestors as a recompense for his life, which might enn.o.ble his progeny for many years, and which is now the only memorial left of so ill.u.s.trious a family. But in his case, and in that of Tullus Cluvius,[43] and Lucius Roseius, and Spurius Antius, and Caius Fulcinius, who were slain by the king of Veii, it was not the blood that was shed at their death, but the death itself which was encountered in the service of the republic, which was the cause of their being thus honoured.

III. Therefore, O conscript fathers, if it had been chance which had caused the death of Servius Sulpicius, I should sorrow indeed over such a loss to the republic, but I should consider him deserving of the honour, not of a monument, but of a public mourning. But, as it is, who is there who doubts that it was the emba.s.sy itself which caused his death? For he took death away with him; though, if he had remained among us, his own care, and the attention of his most excellent son and his most faithful wife, might have warded it off.

But he, as he saw that, if he did not obey your authority, he should not be acting like himself; but that if he did obey, then that duty, undertaken, for the welfare of the republic, would be the end of his life; preferred dying at a most critical period of the republic, to appearing to have done less service to the republic than he might have done.

He had an opportunity of recruiting his strength and taking care of himself in many cities through which his journey lay. He was met by the liberal invitation of many entertainers as his dignity deserved, and the men too who were sent with him exhorted him to take rest, and to think of his own health. But he, refusing all delay, hastening on eager to perform your commands, persevered in this his constant purpose, in spite of the hindrances of his illness And as Antonius was above all things disturbed by his arrival, because the commands which were laid upon him by your orders had been drawn up by the authority and wisdom of Servius Sulpicius, he showed plainly how he hated the senate by the evident joy which he displaced at the death of the adviser of the senate.

Leptines then did not kill Octavius, nor did the king of Veii slay those whom I have just named, more clearly than Antonius killed Servius Sulpicius. Surely he brought the man death, who was the cause of his death. Wherefore, I think it of consequence, in order that posterity may recollect it, that there should be a record of what the judgment of the senate was concerning this war. For the statue itself will be a witness that the war was so serious an one, that the death of an amba.s.sador in it gained the honour of an imperishable memorial.

IV. But if, O conscript fathers, you would only recollect the excuses alleged by Servius Sulpicius why he should not be appointed to this emba.s.sy, then no doubt will be left on your minds that we ought to repair by the honour paid to the dead the injury which we did to him while living. For it is you, O conscript fathers (it is a grave charge to make, but it must be uttered,) it is you, I say, who have deprived Servius Sulpicius of life. For when you saw him pleading his illness as an excuse more by the truth of the fact than by any laboured plea of words, you were not indeed cruel, (for what can be more impossible for this order to be guilty of than that,) but as you hoped that there was nothing that could not be accomplished by his authority and wisdom, you opposed his excuse with great earnestness, and compelled the man, who had always thought your decisions of the greatest weight, to abandon his own opinion. But when there was added the exhortation of Pansa, the consul, delivered with more weight than the ears of Servius Sulpicius had learnt to resist, then at last he led me and his own son aside, and said that he was bound to prefer your authority to his own life. And we, admiring his virtue, did not dare to oppose his determination. His son was moved with extraordinary piety and affection, and my own grief did not fall far short of his agitation, but each of us was compelled to yield to his greatness of mind, and to the dignity of his language, when he, indeed, amid the loud praises and congratulations of you all, promised to do whatever you wished, and not to avoid the danger which might be inclined by the adoption of the opinion of which he himself had been the author. And we the next day escorted him early in the morning as he hastened forth to execute your commands. And he, in truth, when departing, spoke with me in such a manner that his language seemed like an omen of his fate.

V. Restore then, O conscript fathers, life to him from whom you have taken it. For the life of the dead consists in the recollection cherished of them by the living. Take ye care that he, whom you without intending it sent to his death, shall from you receive immortality. And if you by your decree erect a statue to him in the rostia, no forgetfulness of posterity will ever obscure the memory of his emba.s.sy. For the remainder of the life of Servius Sulpicius will be recommended to the eternal recollection of all men by many and splendid memorials. The praise of all mortals will for ever celebrate his wisdom, his firmness, his loyalty, his admirable vigilance and prudence in upholding the interests of the public. Nor will that admirable, and incredible, and almost G.o.dlike skill of his in interpreting the laws and explaining the principles of equity be buried in silence. If all the men of all ages, who have ever had any acquaintance with the law in this city, were got together into one place, they would not deserve to be compared to Servius Sulpicius.

Nor was he more skilful in explaining the law than in laying down the principles of justice. Those maxims which were derived from laws and from the common law, he constantly referred to the original principles of kindness and equity. Nor was he more fond of arranging the conduct of law-suits than of preventing disputes altogether. Therefore he is not in want of this memorial which a statue will provide; he has other and better ones. For this statue will be only a witness of his honourable death; those actions will be the memorial of his glorious life. So that this will be rather a monument of the grat.i.tude of the senate, than of the glory of the man.

The affection of the son, too, will appear to have great influence in moving us to honour the father; for although, being overwhelmed with grief, he is not present, still you ought to be animated with the same feelings as if he were present. But he is in such distress, that no father ever sorrowed more over the loss of an only son than he grieves for the death of his father. Indeed, I think that it concerns also the fame of Servius Sulpicius the son, that he should appear to have paid all due respect to his father. Although Servius Sulpicius could leave no n.o.bler monument behind him than his son, the image of his own manners, and virtues, and wisdom, and piety, and genius; whose grief can either be alleviated by this honour paid to his father by you, or by no consolation at all.

VI. But when I recollect the many conversations which in the days of our intimacy on earth I have had with Servius Sulpicius, it appears to me, that if there be any feeling in the dead, a brazen statue, and that too a pedestrian one, will be more acceptable to him than a gilt equestrian one, such as was first erected to Lucius Sylla. For Servius was wonderfully attached to the moderation of our forefathers, and was accustomed to reprove the insolence of this age. As if, therefore, I were able to consult himself as to what he would wish, so I give my vote for a pedestrian statue of bra.s.s, as if I were speaking by his authority and inclination; which by the honour of the memorial will diminish and mitigate the great grief and regret of his fellow-citizens. And it is certain that this my opinion, O conscript fathers, will be approved of by the opinion of Publius Servilius, who has given his vote that a sepulchre be publicly decreed to Servius Sulpicius, but has voted against the statue. For if the death of an amba.s.sador happening without bloodshed and violence requires no honour, why does he vote for the honour of a public funeral, which is the greatest honour that can be paid to a dead man! If he grants that to Servius Sulpicius which was not given to Cnaeus Octavius, why does he think that we ought not to give to the former what was given to the latter? Our ancestors, indeed, decreed statues to many men; public sepulchres to few. But statues perish by weather, by violence, by lapse of time; but the sanct.i.ty of the sepulchres is in the soil itself, which can neither be moved nor destroyed by any violence; and while other things are extinguished, so sepulchres become holier by age.

Let, then, that man be distinguished by that honour also, a man to whom no honour can be given which is not deserved. Let us be grateful in paying respect in death to him to whom we can now show no other grat.i.tude. And by that same step let the audacity of Marcus Antonius, waging a nefarious war, be branded with infamy. For when these honours have been paid to Servius Sulpicius, the evidence of his emba.s.sy having been insulted and rejected by Antonius will remain for everlasting.