Part 4

"We may also reckon in the number of middling Orators, the two brothers L. and Sp. Mummius, both whose Orations are still in being:--the style of Lucius is plain and antiquated; but that of Spurius, though equally unembellished, is more close, and compact; for he was well versed in the doctrine of the Stoics. The Orations of Sp. Alpinus, their cotemporary, are very numerous: and we have several by L. and C. Aurelius Oresta, who were esteemed indifferent Speakers. P. Popilius also was a worthy citizen, and had a tolerable share of utterance: but his son Caius was really eloquent. To _these_ we may add C. Tuditanus, who was not only very polished, and genteel, in his manners and appearance, but had an elegant turn of expression; and of the same class was M. Octavius, a man of inflexible constancy in every just and laudable measure; and who, after being affronted and disgraced in the most public manner, defeated his rival Tiberius Gracchus by the mere dint of his perseverance. But M. Aemilius Lepidus, who was surnamed Porcina, and flourished at the same time as Galba, though he was indeed something younger, was esteemed an Orator of the first eminence; and really appears, from his Orations which are still extant, to have been a masterly writer. For he was the first Speaker, among the Romans, who gave us a specimen of the easy gracefulness of the Greeks; and who was distinguished by the measured flow of his language, and a style regularly polished and improved by art. His manner was carefully studied by C. Carbo and Tib. Gracchus, two accomplished youths who were nearly of an age: but we must defer their character as public Speakers, till we have finished our account of their elders. For Q. Pompeius, according to the style of the time, was no contemptible Orator; and actually raised himself to the highest honours of the State by his own personal merit, and without being recommended, as usual, by the quality of his ancestors. Lucius Cassius too derived his influence, which was very considerable, not indeed from his _Eloquence_, but from his manly way of speaking: for it is remarkable that he made himself popular, not, as others did, by his complaisance and liberality, but by the gloomy rigour and severity of his manners. His law for collecting the votes of the people by way of ballot, was strongly opposed by the Tribune M. Antius Briso, who was supported by M. Lepidus one of the Consuls: and it was afterwards objected to Africanus, that Briso dropped the opposition by his advice. At this time the two Scipios were very serviceable to a number of clients by their superior judgment, and Eloquence; but still more so by their extensive interest and popularity. But the written speeches of Pompeius (though it must be owned they have rather an antiquated air) discover an amazing sagacity, and are very far from being dry and spiritless. To these we must add P. Crassus, an orator of uncommon merit, who was qualified for the profession by the united efforts of art and nature, and enjoyed some other advantages which were almost peculiar to his family. For he had contracted an affinity with that accomplished Speaker Servius Galba above-mentioned, by giving his daughter in marriage to Galba's son; and being likewise himself the son of Mucius, and the brother of P. Scaevola, he had a fine opportunity at home (which he made the best use of) to gain a thorough knowledge of the Civil Law. He was a man of unusual application, and was much beloved by his fellow-citizens; being constantly employed either in giving his advice, or pleading causes in the Forum. Cotemporary with the Speakers I have mentioned were the two C. Fannii, the sons of C. and M. one of whom, (the son of C.) who was joint Consul with Domitius, has left us an excellent speech against Gracchus, who proposed the admission of the Latin and Italian allies to the freedom of Rome."--"Do you really think, then," said Atticus, "that Fannius was the author of that Oration? For when we were young, there were different opinions about it. Some asserted it was wrote by C. Persius, a man of letters, and the same who is so much extolled for his learning by Lucilius: and others believed it was the joint production of a number of noblemen, each of whom contributed his best to complete it."--"This I remember," said I; "but I could never persuade myself to coincide with either of them. Their suspicion, I believe, was entirely founded on the character of Fannius, who was only reckoned among the _middling_ Orators; whereas the speech in question is esteemed the best which the time afforded. But, on the other hand, it is too much of a piece to have been the mingled composition of many: for the flow of the periods, and the turn of the language, are perfectly similar, throughout the whole of it.--and as to _Persius_, if _he_ had composed it for Fannius to pronounce, Gracchus would certainly have taken some notice of it in his reply; because Fannius rallies Gracchus pretty severely, in one part of it, for employing Menelaus of Marathon, and several others, to manufacture his speeches. We may add that Fannius himself was no contemptible Orator: for he pleaded a number of causes, and his Tribuneship, which was chiefly conducted under the management and direction of P. Africanus, was very far from being an idle one. But the other C. Fannius, (the son of M.) and son- in-law of C. Laelius, was of a rougher cast, both in his temper, and manner of speaking. By the advice of his father-in-law, (of whom, by the bye, he was not remarkably fond, because he had not voted for his admission into the college of augurs, but gave the preference to his younger son-in-law Q. Scaevola; though Laelius genteely excused himself, by saying that the preference was not given to the youngest son, but to his wife the eldest daughter,) by his advice, I say, he attended the lectures of Panaetius. His abilities as a Speaker may be easily conjectured from his History, which is neither destitute of elegance, nor a perfect model of composition. As to his brother Mucius the augur, whenever he was called upon to defend himself, he always pleaded his own cause; as, for instance, in the action which was brought against him for bribery by T. Albucius. But he was never ranked among the Orators; his chief merit being a critical knowledge of the Civil Law, and an uncommon accuracy of judgment. L. Caelius Antipater likewise (as you may see by his works) was an elegant and a handsome writer for the time he lived in; he was also an excellent Lawyer, and taught the principles of jurisprudence to many others, particularly to L. Crassus. As to Caius Carbo and T. Gracchus, I wish they had been as well inclined to maintain peace and good order in the State, as they were qualified to support it by their Eloquence: their glory would then have been out-rivaled by no one. But the latter, for his turbulent Tribuneship, which he entered upon with a heart full of resentment against the great and good, on account of the odium he had brought upon himself by the treaty of Numantia, was slain by the hands of the Republic: and the other, being impeached of a seditious affectation of popularity, rescued himself from the severity of the judges by a voluntary death. That both of them were excellent Speakers, is very plain from the general testimony of their cotemporaries: for as to their Speeches now extant, though I allow them to be very artful and judicious, they are certainly defective in Elocution. Gracchus had the advantage of being carefully instructed by his mother Cornelia from his very childhood, and his mind was enriched with all the stores of Grecian literature: for he was constantly attended by the ablest masters from Greece, and particularly, in his youth, by Diophanes of Mitylene, who was the most eloquent Grecian of his age: but though he was a man of uncommon genius, he had but a short time to improve and display it. As to Carbo, his whole life was spent in trials, and forensic debates. He is said by very sensible men who heard him, and, among others, by our friend L. Gellius who lived in his family in the time of his Consulship, to have been a sonorous, a fluent, and a spirited Speaker, and likewise, upon occasion, very pathetic, very engaging, and excessively humorous: Gellius used to add, that he applied himself very closely to his studies, and bestowed much of his time in writing and private declamation. He was, therefore, esteemed the best pleader of his time; for no sooner had he began to distinguish himself in the Forum, but the depravity of the age gave birth to a number of law-suits; and it was first found necessary, in the time of his youth, to settle the form of public trials, which had never been done before. We accordingly find that L. Piso, then a Tribune of the people, was the first who proposed a law against bribery; which he did when Censorinus and Manilius were Consuls. This Piso too was a professed pleader, and the proposer and opposer of a great number of laws: he left some Orations behind him, which are now lost, and a Book of Annals very indifferently written. But in the public trials, in which Carbo was concerned, the assistance of an able advocate had become more necessary than ever, in consequence of the law for voting by ballots, which was proposed and carried by L. Cassius, in the Consulship of Lepidus and Mancinus.

"I have likewise been often assured by the poet Attius, (an intimate friend of his) that your ancestor D. Brutus, the son of M. was no inelegant Speaker; and that for the time he lived in, he was well versed both in the Greek and Roman literature. He ascribed the same accomplishments to Q. Maximus, the grandson of L. Paulus: and added that, a little prior to Maximus, the Scipio, by whose instigation (though only in a private capacity) T. Gracchus was assassinated, was not only a man of great ardour in all other respects, but very warm and spirited in his manner of speaking. P. Lentulus too, the Father of the Senate, had a sufficient share of eloquence for an honest and useful magistrate. About the same time L. Furius Philus was thought to speak our language as elegantly, and more correctly than any other man; P. Scaevola to be very artful and judicious, and rather more fluent than Philus; M. Manilius to possess almost an equal share of judgment with the latter; and Appius Claudius to be equally fluent, but more warm and pathetic. M. Fulvius Flaccus, and C. Cato the nephew of Africanus, were likewise tolerable Orators: some of the writings of Flaccus are still in being, in which nothing, however, is to be seen but the mere scholar. P. Decius was a professed rival of Flaccus; he too was not destitute of Eloquence; but his style, as well as his temper, was too violent. M. Drusus the son of C. who, in his Tribuneship, baffled [Footnote: _Laffiea_. In the original it runs, "_Caium Gracchum collegam, iterum Tribinum fecit_." but this was undoubtedly a mistake of the transcriber, as being contrary not only to the truth of History, but to Cicero's own account of the matter in lib. IV. _Di Finibus_. Pighius therefore has very properly recommended the word _fregit_ instead of _fecit_.] his colleague Gracchus (then raised to the same office a second time) was a nervous Speaker, and a man of great popularity: and next to him was his brother C. Drusus. Your kinsman also, my Brutus, (M. Pennus) successfully opposed the Tribune Gracchus, who was something younger than himself. For Gracchus was Quaestor, and Pennus (the son of that M. who was joint Consul with Q. Aelius) was Tribune, in the Consulship of M. Lepidus and L. Orestes: but after enjoying the Aedileship, and a prospect: of succeeding to the highest honours, he was snatched off by an untimely death. As to T. Flaminius, whom I myself have seen, I can learn nothing but that he spoke our language with great accuracy. To these we may join C. Curio, M. Scaurus, P. Rutilius, and C. Gracchus. It will not be amiss to give a short account of Scaurus and Rutilius; neither of whom, indeed, had the reputation of being a first- rate Orator, though each of them pleaded a number of causes. But some deserving men, who were not remarkable for their genius, may be justly commended for their industry; not that the persons I am speaking of were really destitute of genius, but only of that particular kind of it which distinguishes the Orator. For it is of little consequence to discover what is proper to be said, unless you are able to express it in a free and agreeable manner: and even that will be insufficient, if not recommended by the voice, the look, and the gesture. It is needless to add that much depends upon _Art_: for though, even without this, it is possible, by the mere force of nature, to say many striking things; yet, as they will after all be nothing more than so many lucky hits, we shall not be able to repeat them at our pleasure. The style of Scaurus, who was a very sensible and honest man, was remarkably serious, and commanded the respect of the hearer: so that when he was speaking for his client, you would rather have thought he was giving evidence in his favour, than pleading his cause. This manner of speaking, however, though but indifferently adapted to the bar, was very much so to a calm, debate in the Senate, of which Scaurus was then esteemed the Father: for it not only bespoke his prudence, but what was still a more important recommendation, his credibility. This advantage, which it is not easy to acquire by art, he derived entirely from nature: though you know that even _here_ we have some precepts to assist us. We have several of his Orations still extant, and three books inscribed to L. Fufidius containing the History of his own Life, which, though a very useful work, is scarcely read by any body. But the _Institution of Cyrus_, by Xenophon, is read by every one; which, though an excellent performance of the kind, is much less adapted to our manners and form of government, and not superior in merit to the honest simplicity of Scaurus. Fufidius himself was likewise a tolerable pleader. But Rutilius was distinguished by his solemn and austere way of speaking; and both of them were naturally warm, and spirited. Accordingly, after they had rivalled each other for the Consulship, he who had lost his election, immediately sued his competitor for bribery; and Scaurus, the defendant, being honourably acquitted of the charge, returned the compliment to Rutilius, by commencing a similar prosecution against _him_. Rutilius was a man of great industry and application; for which he was the more respected, because, besides his pleadings, he undertook the office (which was a very troublesome one) of giving advice to all who applied to him, in matters of law. His Orations are very dry, but his juridical remarks are excellent: for he was a learned man, and well versed in the Greek literature, and was likewise an attentive and constant hearer of Panaetius, and a thorough proficient in the doctrine of the Stoics; whose method of discoursing, though very close and artful, is too precise, and not at all adapted to engage the attention of common people. That self- confidence, therefore, which is so peculiar to the sect, was displayed by _him_ with amazing firmness and resolution; for though he was perfectly innocent of the charge, a prosecution was commenced against him for bribery (a trial which raised a violent commotion in the city)--and yet though L. Crassus and M. Antonius, both of Consular dignity, were, at that time, in very high repute for their Eloquence, he refused the assistance of either; being determined to plead his cause himself, which he accordingly did. C. Cotta, indeed, who was his nephew, made a short speech in his vindication, which he spoke in the true style of an Orator, though he was then but a youth. Q. Mucius too said much in his defence, with his usual accuracy and elegance; but not with that force, and extension, which the mode of trial, and the importance of the cause demanded. Rutilius, therefore, was an Orator of the _Stoical_, and Scaurus of the _Antique_ cast: but they are both entitled to our commendation; because, in _them_, even this formal and unpromising species of Elocution has appeared among us with some degree of merit. For as in the Theatre, so in the Forum, I would not have our applause confined to those alone who act the busy, and more important characters; but reserve a share of it for the quiet and unambitious performer who is distinguished by a simple truth of gesture, without any violence. As I have mentioned the Stoics, I must take some notice of Q. Aelius Tubero, the grandson of L. Paullus, who made his appearance at the time we are speaking of. He was never esteemed an Orator, but was a man of the most rigid virtue, and strictly conformable to the doctrine he professed: but, in truth, he was rather too crabbed. In his Triumvirate, he declared, contrary to the opinion of P. Africanus his uncle, that the Augurs had no right of exemption from sitting in the courts of justice: and as in his temper, so in his manner of speaking, he was harsh, unpolished, and austere; on which account, he could never raise himself to the honourable ports which were enjoyed by his ancestors. But he was a brave and steady citizen, and a warm opposer of Gracchus, as appears from an Oration of Gracchus against him: we have likewise some of Tubero's speeches against Gracchus. He was not indeed a shining Orator: but he was a learned, and a very skilfull disputant.