The Life of Cicero. Volume II.

But his heart is truly in other matters, and he bursts out, in the same letter, with enthusiastic praise of the line of conduct which Atticus has laid down for him: "But that which is more to me than anything is that I should live so that even that fellow Cato cannot find fault with me. May I die, if it could be done better. Nor do I take praise for it as though I was doing something distasteful; I never was so happy as in practising this moderation. The thing itself is better to me even than the reputation of it. What would you have me say? It was worth my while to be enabled thus to try myself, so that I might know myself as to what I could do."

Then there is a long letter to Cato in which he repeats the story of his grand doings at Pindenissum. The reader will be sure that a letter to Cato cannot be sincere and pleasant as are those to Atticus and Cælius. "If there be one man far removed from the vulgar love of praise, it is I," he says to Cato.96 He tells Cato that they two are alike in all things. They two only have succeeded in carrying the true ancient philosophy into the practice of the Forum. Never surely were two men more unlike than the stiff-necked Cato and the versatile Cicero.

b. c. 50, ætat. 57.

Lucius Æmilius Paullus and C. Clodius Marcellus were Consuls for the next year. Cicero writes to both of them with tenders of friendship; but from both of them he asks that they should take care to have a decree of the Senate passed praising his doings in Cilicia.97 With us, too, a returning governor is anxious enough for a good word from the Prime-minister; but he does not ask for it so openly. The next letter from Cælius tells him that Appius has been accused as to malpractices in his government, and that Pompey is in favor of Appius. Curio has gone over to Cæsar. But the important subject is the last handled: "It will be mean in you if I should have no Greek panthers."98 The next refers to the marriages and divorces of certain ladies, and ends with an anecdote told as to a gentleman with just such ill-natured wit as is common in London. No one could have suspected Ocella of looking after his neighbor's wife unless he had been detected thrice in the fact.99

From Laodicea he answers a querulous letter which his predecessor had written, complaining, among other things, that Cicero had failed to show him personal respect. He proves that he had not done so, and then rises to a strain of indignation. "Do you think that your grand old names will affect me who, even before I had become great in the service of my country, knew how to distinguish between titles and the men who bore them?"100

The next letter to Appius is full of flattery, and asking for favors, but it begins with a sharp reproof. "Now at last I have received an epistle worthy of Appius Claudius. The sight of Rome has restored you to your good-humor. Those I got from you in your journey were such that I could not read them without displeasure."101

In February Cicero wrote a letter to Atticus which is, I think, more expressive in describing the mind of the man than any other which we have from him. In it is commenced the telling of a story respecting Brutus – the Brutus we all know so well – and one Scaptius, of whom no one would have heard but for this story, which, as it deeply affects the character of Cicero, must occupy a page or two in our narrative; but I must first refer to his own account of his own government as again given here. Nothing was ever so wonderful to the inhabitants of a province as that they should not have been put to a shilling of expense since he had entered it. Not a penny had been taken on his own behalf or on that of the Republic by any belonging to him, except on one day by one Tullius, and by him indeed under cover of the law. This dirty fellow was a follower with whom Titinius had furnished him. When he was passing from Tarsus back into the centre of his province wondering crowds came out to him, the people not understanding how it had been that no letters had been sent to them exacting money, and that none of his staff had been quartered on them. In former years during the winter months they had groaned under exactions. Municipalities with money at their command had paid large sums to save themselves from the quartering of soldiers on them. The island of Cyprus, which on a former occasion had been made to pay nearly £50,000 on this head,102 had been asked for nothing by him. He had refused to have any honors paid to him in return for this conduct. He had prohibited the erection of statues, shrines, and bronze chariots in his name – compliments to Roman generals which had become common. The harvest that year was bad; but so fully convinced were the people of his honest dealing, that they who had saved up corn – the regraters – brought it freely into market at his coming. As some scourge from hell must have been the presence of such governors as Appius and his predecessors among a people timid but industrious like these Asiatic Greeks. Like an unknown, unexpected blessing, direct from heaven, must have been the coming of a Cicero.

Now I will tell the story of Brutus and Scaptius and their money – premising that it has been told by Mr. Forsyth with great accuracy and studied fairness. Indeed, there is not a line in Mr. Forsyth's volume which is not governed by a spirit of justice. He, having thought that Cicero had been too highly praised by Middleton, and too harshly handled by subsequent critics, has apparently written his book with the object of setting right these exaggerations. But in his comments on this matter of Brutus and Scaptius he seems to me not to have considered the difference in that standard of honor and honesty which governs himself, and that which prevailed in the time of Cicero. Not seeing, as I think, how impossible it was for a Roman governor to have achieved that impartiality of justice with which a long course of fortunate training has imbued an English judge, he accuses Cicero of "trifling with equity." The marvel to me is that one man such as Cicero – a man single in his purpose – should have been able to raise his own ideas of justice so high above the level prevailing with the best of those around him. It had become the nature of a Roman aristocrat to pillage an ally till hardly the skin should be left to cover the man's bones. Out of this nature Cicero elevated himself completely. In his own conduct he was free altogether from stain. The question here arose how far he could dare to go on offending the instincts, the habits, the nature, of other noble Romans, in protecting from their rapacity the poor subjects who were temporarily beneath his charge. It is easy for a judge to stand indifferent between a great man and a little when the feelings of the world around him are in favor of such impartiality; but it must have been hard enough to do so when such conduct seemed to the noblest Romans of the day to be monstrous, fanatical, and pretentious.

In this case Brutus, our old friend whom all English readers have so much admired because he dared to tell his brother-in-law Cassius that he was appears before us in the guise of an usurious money-lender. It would be hard in the history of usury to come across the well-ascertained details of a more grasping, griping usurer. His practice had been of the kind which we may have been accustomed to hear rebuked with the scathing indignation of our just judges. But yet Brutus was accounted one of the noblest Romans of the day, only second, if second, to Cato in general virtue and philosophy. In this trade of money-lending the Roman nobleman had found no more lucrative business than that of dealing with the municipalities of the allies. The cities were peopled by a money-making, commercial race, but they were subjected to the grinding impositions of their governors. Under this affliction they were constantly driven to borrow money, and found the capitalists who supplied it among the class by whom they were persecuted and pillaged. A Brutus lent the money which an Appius exacted – and did not scruple to do so at forty-eight per cent., although twelve per cent. per annum, or one per cent. per month, was the rate of interest permitted by law.

"Much condemned to have an itching palm,"

But a noble Roman such as Brutus did not carry on his business of this nature altogether in his own name. Brutus dealt with the municipality of Salamis in the island of Cyprus, and there had two agents, named Scaptius and Matinius, whom he specially recommended to Cicero as creditors of the city of Salamis, praying Cicero, as governor of the province, to assist these men in obtaining the payment of their debts.103 This was quite usual, but it was only late in the transaction that Cicero became aware that the man really looking for his money was the noble Roman who gave the recommendation. Cicero's letter tells us that Scaptius came to him, and that he promised that for Brutus's sake he would take care that the people of Salamis should pay their debt.104 Scaptius thanked him, and asked for an official position in Salamis which would have given him the power of compelling the payment by force. Cicero refused, explaining that he had determined to give no such offices in his province to persons engaged in trade. He had refused such requests already – even to Pompey and to Torquatus. Appius had given the same man a military command in Salamis – no doubt also at the instance of Brutus – and the people of Salamis had been grievously harassed. Cicero had heard of this, and had recalled the man from Cyprus. Of this Scaptius had complained bitterly, and at last he and delegates from Salamis who were willing to pay their debt, if they could only do it without too great extortion, went together to Cicero who was then at Tarsus, in the most remote part of his province. Here he was called upon to adjudicate in the matter, Scaptius trusting to the influence which Brutus would naturally have with his friend the governor, and the men of Salamis to the reputation for justice which Cicero had already created for himself in Cilicia. The reader must also be made to understand that Cicero had been entreated by Atticus to oblige Brutus, who was specially the friend of Atticus. He must remember also that this narrative is sent by Cicero to Atticus, who exhorted his correspondent, even with tears in his eyes, to be true to his honor in the government of his province.105 He is appealing from Atticus to Atticus. I am bound to oblige you – but how can I do so in opposition to your own lessons? That is his argument to Atticus.

Then there arises a question as to the amount of money due. The principal is not in dispute, but the interest. The money has been manifestly lent on an understanding that four per cent. per month, or forty-eight per cent. per annum, should be charged on it. But there has been a law passed that higher interest than one per cent. per month, or twelve per cent. per annum, shall not be legal. There has, however, been a counter decree made in regard to these very Salaminians, and made apparently at the instigation of Brutus, saying that any contract with them shall be held in force, notwithstanding the law. But Cicero again has made a decree that he will authorize no exaction above twelve per cent. in his province. The exact condition of the legal claim is less clear to me than to Mr. Forsyth, who has the advantage of being a lawyer. Be that as it may, Cicero decides that twelve per cent. shall be exacted, and orders the Salaminians to pay the amount. To his request they demur, but at last agree to obey, alleging that they are enabled to do so by Cicero's own forbearance to them, Cicero having declined to accept the presents which had been offered to him from the island.106 They will therefore pay this money in some sort, as they say, out of the governor's own pocket.

But when the sum is fixed, Scaptius, finding that he cannot get it over-reckoned after some fraudulent scheme of his own, declines to receive it. If with the assistance of a friendly governor he cannot do better than that for himself and his employer, things must be going badly with Roman noblemen. But the delegates are now very anxious to pay this money, and offer to deposit it. Scaptius begs that the affair shall go no farther at present, no doubt thinking that he may drive a better bargain with some less rigid future governor. The delegates request to be allowed to place their money as paid in some temple, by doing which they would acquit themselves of all responsibility; but Cicero begs them to abstain. "Impetravi ab Salaminiis ut silerent," he says. "I shall be grieved, indeed, that Brutus should be angry with me," he writes; "but much more grieved that Brutus should have proved himself to be such as I shall have found him."

Then comes the passage in his letter on the strength of which Mr. Forsyth has condemned Cicero, not without abstract truth in his condemnation: "They, indeed, have consented" – that is the Salaminians – "but what will befall them if some such governor as Paulus should come here? And all this I have done for the sake of Brutus!" Æmilius Paulus was the Consul, and might probably have Cilicia as a province, and would no doubt give over the Salaminians to Brutus and his myrmidons without any compunction. In strictness – with that assurance in the power of law by means of which our judges are enabled to see that their righteous decisions shall be carried out without detriment to themselves – Cicero should have caused the delegates from Salamis instantly to have deposited their money in the temple. Instead of doing so, he had only declared the amount due according to his idea of justice – in opposition to all Romans, even to Atticus – and had then consented to leave the matter, as for some further appeal. Do we not know how impossible it is for a man to abide strictly by the right, when the strict right is so much in advance of all around him as to appear to other eyes than his own as straitlaced, unpractical, fantastic, and almost inhuman? Brutus wanted his money sorely, and Brutus was becoming a great political power on the same side with Pompey, and Cato, and the other "optimates." Even Atticus was interfering for Brutus. What other Roman governor of whom we have heard would have made a question on the subject? Appius had lent a guard of horse-soldiers to this Scaptius with which he had outraged all humanity in Cyprus – had caused the councillors of the city to be shut up till they would come to obedience, in doing which he had starved five of them to death! Nothing had come of this, such being the way with the Romans in their provinces. Yet Cicero, who had come among these poor wretches as an unheard-of blessing from heaven, is held up to scorn because he "trifled with equity!" Equity with us runs glibly on all fours. With Appius in Cilicia it was utterly unknown. What are we to say of the man who, by the strength of his own conscience and by the splendor of his own intellect, could advance so far out of the darkness of his own age, and bring himself so near to the light of ours!

Let us think for a moment of our own Francis Bacon, a man more like to Cicero than any other that I can remember in history. They were both great lawyers, both statesmen, both men affecting the omne scibile, and coming nearer to it than perhaps any other whom we can name; both patriots, true to their conceived idea of government, each having risen from obscure position to great power, to wealth, and to rank; each from his own education and his nature prone to compromise, intimate with human nature, not over-scrupulous either as to others or as to himself. They were men intellectually above those around them, to a height of which neither of them was himself aware. To flattery, to admiration, to friendship, and to love each of them was peculiarly susceptible. But one failed to see that it behooved him, because of his greatness, to abstain from taking what smaller men were grasping; while the other swore to himself from his very outset that he would abstain – and kept the oath which he had sworn. I am one who would fain forgive Bacon for doing what I believe that others did around him; but if I can find a man who never robbed, though all others around him did – in whose heart the "auri sacra fames" had been absolutely quenched, while the men with whom he had to live were sickening and dying with an unnatural craving – then I seem to have recognized a hero.

Another complaint is made against Cicero as to Ariobarzanes, the King of Cappadocia, and is founded, as are all complaints against Cicero, on Cicero's own telling of the story in question. Why there should have been complaint in this matter I have not been able to discover. Ariobarzanes was one of those Eastern kings who became milch cows to the Roman nobles, and who, in their efforts to satisfy the Roman nobles, could only fleece then own subjects. The power of this king to raise money seems to have been limited to about £8000 a month.107 Out of this he offered a part to Cicero as the Proconsul who was immediately over him. This Cicero declined, but pressed the king to pay the money to the extortionate Brutus, who was a creditor, and who endeavored to get this money through Cicero. But Pompey also was a creditor, and Pompey's name was more dreadful to the king than that of Brutus. Pompey, therefore, got it all, though we are told that it was not enough to pay him his interest; but Pompey, getting it all, was graciously pleased to be satisfied "Cnæus noster clementer id fert." "Our Cicero puts up with that, and asks no questions about the capital," says Cicero, ironically. Pompey was too wise to kill the goose that laid such golden eggs. Nevertheless, we are told that Cicero, in this case, abused his proconsular authority in favor of Brutus. Cicero effected nothing for Brutus; but, when there was a certain amount of plunder to be divided among the Romans, refused any share for himself. Pompey got it all, but not by Cicero's aid.

There is another long letter, in which Cicero again, for the third time, tells the story of Brutus and Scaptius.108 I mention it, as he continues to describe his own mode of doing his work. He has been at Laodicea from February to May, deciding questions that had been there brought before him from all parts of his province except Cilicia proper. The cities which had been ground down by debt have been enabled to free themselves, and then to live under their own laws. This he has done by taking nothing from them for his own expenses – not a farthing. It is marvellous to see how the municipalities have sprung again into life under this treatment. "He has been enabled by this to carry on justice without obstruction and without severity. Everybody has been allowed approach to him – a custom which has been unknown in the provinces. There has been no back-stairs influence. He has walked openly in his own courts, as he used to do when a candidate at home. All this has been grateful to the people, and much esteemed; nor has it been too laborious to himself, as he had learned the way of it in his former life." It was thus that Cicero governed Cilicia.

There are further letters to Appius and Cælius, written from various parts of the province, which cannot fail to displease us because we feel that Cicero is endeavoring to curry favor. He wishes to stand well with those who might otherwise turn against him on his reappearance in Rome. He is afraid lest Appius should be his enemy and lest Pompey should not be his friend. The practice of justice and of virtue would, he knew, have much less effect in Rome than the friendship and enmity of such men. But to Atticus he bursts out into honest passion against Brutus. Brutus had recommended to him one Gavius, whom, to oblige Brutus, he appointed to some office. Gavius was greedy, and insolent when his greed was not satisfied. "You have made me a prefect," said Gavius; "where am I to go for my rations?" Cicero tells him that as he has done no work he will get no pay; whereupon Gavius, quite unaccustomed to such treatment, goes off in a huff. "If Brutus can be stirred by the anger of such a knave as this," he says to Atticus, "you may love him, if you will, yourself; you will not find me a rival for his friendship."109 Brutus, however, became a favorite with Cicero, because he had devoted himself to literature. In judging these two men we should not lean too heavily on Brutus, because he did no worse than his neighbors. But then, how are we to judge of Cicero?

In the latter months of his government there began a new trouble, in which it is difficult to sympathize with him, because we are unable to produce in our own minds a Roman's estimation of Roman things. With true spirit he had laughed at his own military doings at Pindenissum; but not the less on that account was he anxious to enjoy the glories of a triumph, and to be dragged through the city on a chariot, with military trophies around him, as from time immemorial the Roman conquerors had been dragged when they returned from their victories.

For the old barbaric conquerors this had been fine enough. A display of armor – of helmets, of shields, and of swords – a concourse of chariots, of trumpets, and of slaves, of victims kept for the Tarpeian rock, the spoils and rapine of battle, the self-asserting glory of the big fighting hero, the pride of bloodshed, and the boasting over fallen cities, had been fit for men who had in their hearts conceived nothing greater than military renown. Our sympathies go along with a Camillus or a Scipio steeped in the blood of Rome's enemies. A Marius, a Pompey, and again a few years afterward a Cæsar, were in their places as they were dragged along the Via Sacra up to the Capitol amid the plaudits of the city, in commemoration of their achievements in arms; but it could not be so with Cicero. "Concedat laurea linguæ" had been the watchword of his life. "Let the ready tongue and the fertile brain be held in higher honor than the strong right arm." That had been the doctrine which he had practised successfully. To him it had been given to know that the lawyer's gown was raiment worthier of a man than the soldier's breastplate. How, then, could it be that he should ask for so small a thing as a triumph in reward for so small a deed as that done at Pindenissum? But it had become the way with all Proconsuls who of late years had been sent forth from Rome into the provinces. Men to whose provincial government a few cohorts were attached aspired to be called "Imperator" by their soldiers after mock battles, and thought that, as others had followed up their sham victories with sham triumphs, it should be given to them to do the same. If Bibulus triumphed it would be a disgrace to Cicero not to triumph. We measure our expected rewards not by our own merits but by the good things which have been conceded to others. To have returned from Pindenissum and not to be allowed the glory of trumpets would be a disgrace, in accordance with the theory then prevailing in Rome on such matters; therefore Cicero demanded a triumph.

In such a matter it was in accordance with custom that the General should send an immediate account of his victorious doings, demand a "supplication," and have the triumph to be decreed to him or not after his return home. A supplication was in form a thanksgiving to the gods for the great favor shown by them to the State, but in fact took the guise of public praise bestowed upon the man by whose hands the good had been done. It was usually a reward for military success, but in the affair of Catiline a supplication had been decreed to Cicero for saving the city, though the service rendered had been of a civil nature. Cicero now applied for a supplication, and obtained it. Cato opposed it, and wrote a letter to Cicero explaining his motives – upon high republican principles. Cicero might have endured this more easily had not Cato voted for a supplication in honor of Bibulus, whose military achievements had, as Cicero thought, been less than his own. One Hirrus opposed it also, but in silence, having intended to allege that the numbers slain by Cicero in his battles were not sufficient to justify a supplication. We learn that, according to strict rule, two thousand dead men should have been left on the field. Cicero's victims had probably been much fewer; nevertheless the supplication was granted, and Cicero presumed that the triumph would follow as a matter of course. Alas, there came grievous causes to interfere with the triumph!

Of all that went on at Rome Cælius continued to send Cicero accounts. The Triumvirate was now over. Cælius says that Pompey will not attack Cæsar openly, but that he does all he can to prevent Cæsar from being elected Consul before he shall have given up his province and his army.110 For details Cælius refers him to a Commentarium – a word which has been translated as meaning "newspaper" in this passage – by Melmoth. I think that there is no authority for this idea, and that the commentary was simply the compilation of Cælius, as were the commentaries we so well know the compilation of Cæsar. The Acta Diurna were published by authority, and formed an official gazette. These no doubt reached Cicero, but were very different in their nature from the private record of things which he obtained from his friend.