Part 14

XXVI. When Crassus[207] was about to set out for Syria, he wished Cicero to be his friend rather than his enemy, and he said in a friendly manner that he wished to sup with him, and Cicero received him readily. A few days after when some of his friends spoke with him about Vatinius, and said that Vatinius sought a recollection and to be on good terms with him, for he was then at enmity with Cicero. "Surely," said Cicero, "Vatinius too does not want to sup with me." Such was his behaviour to Crassus. As to Vatinius, who had tumours in his neck, and was on one occasion pleading a cause, Cicero called him a tumid orator. Hearing that Vatinius was dead, and being shortly after certainly informed that he was still living, "Ill betide the man," said he, "who lied so ill." Many of the senators were dissatisfied with Cæsar's carrying a measure for the distribution of the land in Campania among the soldiers, and Lucius Gellius,[208] who was also one of the oldest of them, said, that it should never take place while he lived. "Let us wait," said Cicero, "for Gellius asks for no long delay." There was a certain Octavius[209] who had the ill-repute of being a native of Libya, and on the occasion of a certain trial he said that he could not hear Cicero. "And yet," said Cicero, "your ear is not without a hole in it." Metellus Nepos observing that Cicero by giving testimony against persons had caused more to be condemned than he had caused to be acquitted by undertaking their cause, "Well," said he, "I admit that I have more credit than eloquence." A certain youth who was charged with giving poison to his father in a cake, spoke with great confidence, and said that he would abuse Cicero; "I would rather have this from you," said Cicero, "than a cake." Publius Sextius[210] had Cicero with others as his advocate in a cause, but he chose to say everything himself and would let nobody else speak, and when it was plain that he would be acquitted and the judices were giving their votes, Cicero said, "Make the most of your opportunity to-day, for to-morrow you will be a mere nobody." One Publius Consta,[211] who set up for a lawyer, but was an ignorant and stupid fellow, was called as a witness by Cicero on a trial. On Consta saying that he knew nothing, "Perhaps," said Cicero, "you suppose that you are asked about legal matters." Metellus Nepos during a dispute with Cicero often repeated, "Who is your father?" on which Cicero said, "As for yourself, your mother has made this answer rather difficult for you." Now the mother of Nepos was considered to be an unchaste woman, and himself a fickle kind of man. On one occasion he suddenly deserted his office of tribune and sailed off to join Pompeius[212] in Syria, whence he returned with just as little reason. Nepos had buried his teacher Philagrus with more than usual respect, and set upon his tomb a raven of stone: "In this," said Cicero, "you have acted wiser than your wont, for he taught you to fly rather than to speak." Marcus Appius in a certain trial prefaced his speech with saying that his friend had prayed him to exhibit vigilance and judgment and fidelity: "Are you then," said Cicero, "so iron-hearted as to exhibit not one of such great qualities as your friend prayed you to do?"

XXVII. Now the use of bitterish taunts against enemies or opposing advocates may be considered as belonging to the orator's business; but the attacking of any persons whom he fell in with, for the purpose of making them ridiculous, brought great odium upon him. I will record a few instances of this also. He called Marcus Aquinius,[213] Adrastus,[214] because he had two sons-in-law who were in exile. Lucius Cotta,[215] who held the office of censor, was very fond of wine, and it happened that Cicero during his canvass for the consulship was athirst, and as his friends stood around him while he was drinking, "You have good reason to be afraid," said he, "lest the censor should deal harshly with me for drinking water." Meeting Voconius,[216] who was conducting three very ugly daughters, he said aloud:

"'Gainst Phoebus' will his children he begat."

Marcus Gellius,[217] who was supposed not to be the son of free parents, was once reading some letters to the Senate with a clear and loud voice, when Cicero said, "Don't be surprised; he too is one of those who have practised their voices." When Faustus,[218] the son of Sulla who had been dictator in Rome and proscribed many to the death, having got into debt and squandered most of his substance, advertised his household stuff for sale, Cicero said that he liked this proscription better than his father's.

XXVIII.[219] He thus became odious to many, and the partizans of Clodius combined against him on the following occasion. Clodius was a man of noble birth, young in years, but bold and impudent in his designs. Being in love with Pompeia, Cæsar's wife, he got into his house secretly by assuming the dress and the guise of a lute-player; for the women were celebrating in Cæsar's house those mysterious rites which the men were not allowed to see; and as there was no man there, Clodius being still a youth and not yet bearded hoped to slip through to Pompeia with the women. But as it was night when he got into a large house, he was perplexed by the passages; and as he was rambling about a female slave of Aurelia, Cæsar's mother, saw him and asked him his name. Being compelled to speak, he said that he was looking for a servant of Pompeia, named Abra, but the woman perceiving that it was not a female voice cried out and called the women together. They shut the doors and searching every place found Clodius, who had hid himself in the chamber of the girl with whom he came into the house. The affair being noised abroad Cæsar put away Pompeia, and a prosecution[220] for an offence against religion was instituted against Clodius.

XXIX. Now Cicero was a friend of Clodius, and in the affair of Catilina found him a most zealous assistant and guardian of his person; but as Clodius in answer to the charge relied on not having been in Rome at the time, and maintained that he was staying in places at a very great distance, Cicero bore testimony that Clodius had come to his house[221] and spoken with him on certain matters; which was true. However people did not suppose that Cicero gave his testimony from regard to truth, but by way of justifying himself to his wife Terentia.[222] For Terentia had a grudge against Clodius on account of his sister Clodia, who was supposed to wish to marry Cicero, and to be contriving this by the aid of one Tullus, who was one of the nearest companions and intimates of Cicero, and as Tullus was going to Clodia, who lived near, and paying attention to her, he excited suspicion in Terentia. Now as Terentia was of a sour temper and governed Cicero, she urged him to join in the attack on Clodius and to give testimony against him. Many men also of the highest character charged Clodius by their testimony with perjury, disorderly conduct, bribing of the masses, and debauching of women. Lucullus also produced female slaves to testify that Clodius had sexual commerce with his youngest sister when she was the wife of Lucullus. There was also a general opinion that Clodius debauched his other two sisters, of whom Marcius Rex had Terentia and Metellus Celer had Clodia to wife, who was called Quadrantaria, because one of her lovers put copper coins for her in a purse pretending they were silver and sent them to her; now the smallest copper coin the Romans called Quadrans. It was with regard to this sister that Clodius was most suspected. However as the people on that occasion set themselves against those who bore testimony and combined against Clodius, the judices being afraid procured a guard for their protection, and most of them gave in their tablets with the writing on them confused.[223] It turned out that those who were for acquitting him were the majority, and some bribery was also said to have been used. This led Catulus to say when he met the judices, "Indeed you did ask for a guard to protect you, for you were afraid that some one should take your money from you." Upon Clodius saying to Cicero that his evidence had no credit with the judices, Cicero replied, "However, five-and-twenty[224] of the judices gave me credit, for so many of them voted against you; but thirty of them gave you no credit, for they did not vote for your acquittal till they had received their money." Cæsar, however, when called, gave no evidence against Clodius, and he denied that he had convicted his wife of adultery, but that he had put her away, because Cæsar's wife ought not only to be free from a shameful act, but even the report of it.

XXX. Clodius,[225] having escaped the danger, as soon as he was elected tribune commenced his attack on Cicero, drawing together and agitating against him every thing and all persons. For he gained the favour of the people by popular laws, and caused great provinces to be assigned to each of the consuls, Macedonia to Piso and Syria to Gabinius, and he contrived to associate many of the poor citizens in his designs and kept armed slaves about him. Of the three men who then had the chief power, Crassus was openly at enmity with Cicero, and Pompeius was playing an affected part towards both; and as Cæsar was about to march into Gaul[226] with his army, Cicero paying court to him, though he was not his friend, but an object of suspicion owing to the affair of Catilina, asked to accompany him as a legatus. Cæsar accepted the proposal, but Clodius, seeing that Cicero was escaping from his tribunitian power, pretended to be disposed to come to terms with him, and by laying most blame on Terentia, and always speaking of Cicero in moderate terms and using words which imported a favourable disposition, as a man who had no hatred or ill feeling towards him, but had certain reasonable grounds of complaint to be urged in a friendly way, he completely stopped Cicero's fears, so that he declined a legation under Cæsar and again applied himself to public affairs. At which Cæsar, being irritated, encouraged Clodius against Cicero, and completely alienated Pompeius from him, and he himself declared before the people that he did not consider it right or lawful for men to be put to death without trial, like Lentulus and Cethegus. For this was the charge, and to this Cicero was called to answer. Being therefore in danger and under prosecution he changed his dress and with his hair unshorn went about supplicating the people. But Clodius met him everywhere in the streets with violent and audacious men about him, who, with many insolent jeers at Cicero's reverse and attire, and after pelting him with mud and stones, hindered his suppliant applications.

XXXI. However at first nearly all the body of equites changed their dress when Cicero did, and not less than twenty thousand young men accompanied him with their hair uncut and joined in his suppliant entreaties. When the Senate had met in order to pass a vote that the people should change their dress as a public calamity,[227] and the consuls opposed it, and Clodius was in arms about the Senate-house, no small number of the senators ran out tearing their clothes and calling aloud. But as this sight neither procured respect nor pity, and Cicero must either go into exile or try force and the sword against Clodius, he entreated Pompeius to aid him, who had purposely gone out of the way and was staying on his estate at the Alban hills. And first he sent his son-in-law Piso[228] to entreat for him, and then he went himself. Pompeius hearing of his coming did not wait to see him, for he had a strong feeling of shame towards a man who had made great efforts on his behalf, and had carried many public measures to please him, but as he was Cæsar's son-in-law, he gave up old obligations at his request, and slipping out by a different door evaded meeting with Cicero. Cicero being thus betrayed by him and left deserted, fled for refuge to the consuls. Gabinius still maintained his hostility, but Piso spoke[229] more kindly, and advised him to go out of the way and to yield to the impetuosity of Clodius and to submit to the change in circumstances, and again to be the saviour of his country, which was involved in civil commotion and misfortune through Clodius. Having got this answer Cicero consulted with his friends, of whom Lucullus advised him to stay and said that he would gain the superiority; but others advised him to fly, inasmuch as the people would soon long for him when they were satiated with the madness and desperation of Clodius. This was Cicero's own judgment; and he carried to the Capitol the statue of Athene,[230] which for a long time had stood in his house, and to which he paid especial honour, and dedicated it with the inscription, "To Athene the guardian of Rome;" and receiving from his friends persons to conduct him safely, he left the city about midnight and went by land through Lucania, designing to stay in Sicily.

XXXII. When it was known that he had fled, Clodius put to the vote the question of his banishment, and issued an edict to exclude him from fire and water, and that no one should furnish him with a shelter within five hundred miles[231] of Italy. Now others paid not the slightest regard to the edict, for they respected Cicero, and showed him all manner of kindness and set him on his way: but in Hipponium, a city of Lucania, which the Romans call Vibo,[232] Vibius, a Sicilian, who had derived many advantages from Cicero's friendship and had been præfect of the Fabri during his consulship, would not receive Cicero in his house, but sent him word that he would assign him a spot of ground; and Caius Vergilius,[233] the prætor of Sicily, who had been most intimate with Cicero, wrote to tell him to keep away from Sicily. Whereat desponding he set out for Brundusium, and thence attempted to pass over to Dyrrachium[234] with a fair wind; but as it began to blow against him when he was out at sea, he came back the day after, and again set sail. It is said that when he had reached Dyrrachium and was going to land, there was a shaking of the earth and a violent motion in the sea at the same time; from which the diviners prognosticated that his flight would not be lasting, for these were signs of change. And though many men visited him from good will and the Greek cities vied in sending deputations to him, yet he passed his time in despondency[235] and exceeding grief, for the most part looking to Italy, like those who are desperately in love, and in his bearing became very mean and humbled by reason of his calamity, and so downcast as no one would have expected from a man who had spent his life in such philosophical pursuits. And yet he often asked his friends to call him not an orator, but a philosopher,[236] for he said that he had chosen philosophy as his occupation, but that he employed oratory as an instrument for his purposes in his public life. But opinion is powerful to wash out reason from the mind as if it were dye, and to imprint the affects of the many[237] by the force of intercourse and familiarity on those who engage in public life, unless a man be strictly on his guard and come in contact with things external in such wise as to have communion with the things themselves, not with the affects towards the things.

XXXIII. Clodius, after driving out Cicero, burnt his villas, and burnt his house, and built on the ground a temple to Liberty: the rest of Cicero's property[238] he offered for sale, and announced it daily, but nobody would buy. In consequence of these measures being formidable to the aristocratical party, and dragging along with him the people, who were let loose to great violence and daring, he made an attack on Pompeius, ripping up some of the things that were settled by him in his military command. By which Pompeius losing some of his reputation blamed himself for giving up Cicero; and changing again he used every effort in conjunction with Cicero's friends to effect his return. As Clodius resisted this, the Senate resolved to ratify nothing in the mean time and to do no public business, unless Cicero was restored. When Lentulus[239] was consul, and the disorder went on increasing so that tribunes were wounded in the Forum, and Quintus the brother of Cicero only escaped by lying among the bodies as if he were dead, the people began to undergo a change of opinion, and one of the tribunes, Annius Milo, was the first to venture to bring Clodius to trial for violence, and many sided with Pompeius both from among the people and the neighbouring cities. Coming forward with them and driving Clodius from the Forum, he called the citizens to the vote: and it is said that the people never confirmed any measure with so much unanimity. The Senate vying with the people passed a decree in honour of those cities which had served Cicero in his exile, and for the restoration[240] at the public expense of his house and villas, which Clodius had destroyed. Cicero was restored in the sixteenth month[241] after his exile, and so great was the joy of the cities and the zeal of all men to meet him, that what was afterwards said by Cicero fell short of the truth: for he said that Italy bore him on her shoulders and carried him into Rome. On which occasion Crassus also, who was his enemy before his exile, readily met him, and was reconciled to him, to please his son Publius, as he said, who was an admirer of Cicero.

XXXIV. After the lapse of no long time, watching the opportunity when Clodius was away, Cicero went with a number of persons to the Capitol and pulled down and broke the tribunitian tablets[242] which contained the records of the administration. When Clodius made this a charge against him, Cicero said that Clodius had illegally passed from the patrician body to the tribunate, and that none of his acts were valid, at which Cato took offence and spoke against him, not indeed in commendation of Clodius, but expressing his mortification at his measures; however he showed that it was an unusual and violent measure for the Senate to vote for the rescinding of so many decrees and acts, among which was his own administration at Cyprus and Byzantium. This led to a collision between him and Cicero, which did not proceed to anything open, but the consequence was that their friendly disposition to one another was weakened.

XXXV. After this Clodius[243] was killed by Milo, who being prosecuted for murder got Cicero for his advocate. But the Senate, being afraid lest there should be some disturbance in the city on the trial of Milo, who was a man of high repute and bold spirit, intrusted to Pompeius the superintendence of this and other trials, and commissioned him to provide for the security of the city and of the courts of justice. Pompeius in the night surrounded the Forum with soldiers on the heights, and Milo, fearing that Cicero might be disturbed at the unusual sight and manage his case worse, persuaded him to be carried in a litter to the Forum and to rest there till the judices met and the court was formed. But Cicero, as it appears, was not only without courage in arms, but was timid even when he commenced speaking, and hardly ceased shaking and trembling in many trials till his eloquence had reached its height and attained steadiness. When he was the advocate of Murena, on his prosecution by Cato, he was ambitious to surpass Hortensius, who spoke with great applause, and he took no rest the night before, in consequence of which exceeding anxiety and wakefulness, his powers were impaired and he was considered to have fallen short of his fame. On this occasion when he came out of the litter to the trial of Milo and saw Pompeius seated on an elevated place as in a camp and arms flashing all around the Forum, he was confounded and scarcely commenced his speech for trembling and hesitation, though Milo himself bravely and courageously assisted at the trial and would not deign to let his hair grow or to change his dress for a dark one, which seems in no small degree to have contributed to his condemnation. But Cicero in all this was considered rather to have shown his attachment to his friend than any cowardice.

XXXVI. Cicero became also one of the priests, whom the Romans called Augurs,[244] in place of the younger Crassus after his death among the Parthians. The province of Cilicia[245] being allotted to him and an army of twelve thousand legionary soldiers and two thousand six hundred horse, he set sail with instructions to keep Cappadocia friendly and obedient to Ariobarzanes.[246] He accomplished this, and arranged it without any blame and without war; and as he observed that the Cilicians were inclined to a rising on occasion of the defeat of the Romans by the Parthians and the movements in Syria, he pacified them by a mild administration. Nor would he receive any presents when the kings offered them, and he relieved the provincials from giving entertainments: and he himself daily received those who were agreeable to him at banquets, not in a costly way, but liberally. And there was no doorkeeper to his house, nor was he ever seen by any one lying down, but in the morning he would be standing or walking about in front of his chamber, where he received those who paid their respects[247] to him. It is said that he neither punished any one with rods nor allowed any man's garment to be rent, nor vented abuse in passion, nor inflicted any penalty accompanied with contumelious treatment. By discovering that much of the public property was embezzled he enriched the cities, and he maintained in their civil rights those who made restoration, without letting them suffer anything further. He engaged also in a war in which he defeated the robbers of Mount Amanus, for which he was saluted by his soldiers with the title of Imperator.[248] When Cæcilius[249] the orator requested Cicero to send him panthers from Cilicia to Rome for a certain spectacle, Cicero, who was proud of his exploits, wrote in reply that there were no panthers in Cilicia, for they had fled into Caria, indignant that they were the only things warred upon, while all others were enjoying peace. On his voyage back from his province he first put in at Rhodes, and next tarried at Athens with gladness out of the pleasant recollection of his former residence. After associating with men the first for wisdom, and visiting his old friends and intimates and receiving due honours from Greece, he returned to Rome at a time when affairs, as if from violent inflammation, were bursting out into the Civil War.