Indeed, the wonderful power which both brothers exercised over the people is a sufficient proof of their eloquence. Tiberius Gracchus was the first who made rhetoric a serious study and art. In his boyhood, he was carefully instructed in elocution by his mother Cornelia: he also constantly attended the ablest and most eloquent masters from Greece, and, as he grew up, he bestowed much time on the exercise of private declamation. It is not likely, that, gifted as he was by nature, and thus instructed, the powers of eloquence should long have remained dormant in his bosom. At the time when he first appeared on the turbulent stage of Roman life, the acc.u.mulation of landed property among a few individuals, and the consequent abuse of exorbitant wealth, had filled Italy with slaves instead of citizens-had destroyed the habits of rural industry among the people at large, and leaving only rich masters at the head of numerous and profligate servants, gradually rooted out those middle cla.s.ses of society which const.i.tute the strength, the worth, and the best hopes of every well-regulated commonwealth. It is said, that while pa.s.sing through Etruria on his way to Numantia, Tiberius Gracchus found the country almost depopulated of freemen, and thence first formed the project of his Agrarian law, which was originally intended to correct the evils arising from the immense landed possessions of the rich, by limiting them to the number of acres specified in the ancient enactments(232), and dividing the conquered territories among the poorer citizens. Preparatory to its promulgation, he was wont to a.s.semble the people round the rostrum, where he pleaded for the poor, in language of which we have a specimen in Plutarch: "The wild beasts of Italy have their dens to retire to-their places of refuge and repose; while the brave men who shed their blood in the cause of their country, have nothing left but fresh air and sunshine.

Without houses, without settled habitations, they wander from place to place with their wives and children; and their commanders do but mock them, when, at the head of their armies, they exhort their soldiers to fight for their sepulchres and altars. For, among such numbers, there is not one Roman who has an altar which belonged to his ancestors, or a tomb in which their ashes repose. The private soldiers fight and die to increase the wealth and luxury of the great; and they are styled sovereigns of the world, while they have not a foot of ground they can call their own(233)." By such speeches as these, the people were exasperated to fury, and the Senate was obliged to have recourse to Octavius, who, as one of the tribunes, was the colleague of Gracchus, to counteract the effects of his animated eloquence. Irritated by this opposition, Gracchus abandoned the first plan of his law, which was to give indemnification from the public treasury to those who should be deprived of their estates, and proposed a new bill, by which they were enjoined forthwith to quit those lands which they held contrary to previous enactments. On this subject there were daily disputes between him and Octavius on the rostrum. Finding that his plans could not otherwise be accomplished he resolved on the expedient of deposing his colleague; and thenceforth, to the period of his death, his speeches (one of which is preserved by Plutarch) were chiefly delivered in persuasion or justification of that violent measure.

Caius Gracchus was endued with higher talents than Tiberius, but the resentment he felt on account of his brother's death, and eager desire for vengeance, led him into measures which have darkened his character with the shades of the demagogue. At the time of his brother's death he had only reached the age of twenty. In early youth, he distinguished himself by the defence of one of his friends named Vettius, and charmed the people by the eloquence which he exerted. He appears soon afterwards to have been impelled, as it were, by a sort of destiny, to the same political course which had proved fatal to his brother, and which terminated in his own destruction. His speeches were all addressed to the people, and were delivered in proposing laws, calculated to increase their authority, and lessen that of the Senate,-as those for colonizing the public lands, and dividing them among the poor; for regulating the markets, so as to diminish the price of bread, and for vesting the judicial power in the knights. A fragment of his speech, _De Legibus Promulgatis_, is said to have been recently discovered, with other cla.s.sical remains, in the Ambrosian Library. Aulus Gellius also quotes from this harangue, a pa.s.sage, in which the orator complained that some respectable citizens of a munic.i.p.al town in Italy had been scourged with rods by a Roman magistrate. Gellius praises the conciseness, neatness, and graceful ease of the narrative, resembling dramatic dialogue, in which this incident was related. Similar, but only similar qualities, appear in his accusation of the Roman legate, who, while travelling to Asia in a litter, caused a peasant to be scourged to death, for having asked his slaves if it was a corpse they were carrying. "The relation of these events," says Gellius, "does not rise above the level of ordinary conversation. It is not a person complaining or imploring, but merely relating what had occurred;"

and he contrasts this tameness with the energy and ardour with which Cicero has painted the commission of a like enormity by Verres(234).

Though similar in many points of character and also in their political conduct, there was a marked difference in the style of eloquence, and forensic demeanour, of the two brothers. Tiberius, in his looks and gestures, was mild and composed-Caius, earnest and vehement; so that when they spoke in public, Tiberius had the utmost moderation in his action, and moved not from his place: whereas Caius was the first of the Romans, who, in addressing the people, walked to and fro in the rostrum, threw his gown off his shoulder, smote his thigh, and exposed his arm bare(235). The language of Tiberius was laboured and accurate, that of Caius bold and figurative. The oratory of the former was of a gentle kind, and pity was the emotion it chiefly raised-that of the latter was strongly impa.s.sioned, and calculated to excite terror. In speaking, indeed, Caius was often so hurried away by the violence of his pa.s.sion, that he exalted his voice above the regular pitch, indulged in abusive expressions, and disordered the whole tenor of his oration. In order to guard against such excesses, he stationed a slave behind him with an ivory flute, which was modulated so as to lead him to lower or heighten the tone of his voice, according as the subject required a higher or a softer key. "The flute," says Cicero, "you may as well leave at home, but the meaning of the practice you must remember at the bar(236)."

In the time of the Gracchi, oratory became an object of a.s.siduous and systematic study, and of careful education. A youth, intended for the profession of eloquence, was usually introduced to one of the most distinguished orators of the city, whom he attended when he had occasion to speak in any public or private cause, or in the a.s.semblies of the people, by which means he heard not only him, but every other famous speaker. He thus became practically acquainted with business and the courts of justice, and learned the arts of oratoric conflict, as it were, in the field of battle. "It animated," says the author of the dialogue _De Causis Corruptae Eloquentiae_,-"it animated the courage, and quickened the judgment of youth, thus to receive their instructions in the eye of the world, and in the midst of affairs, where no one could advance an absurd or weak argument, without being exposed by his adversary, and despised by the audience. Hence, they had also an opportunity of acquainting themselves with the various sentiments of the people, and observing what pleased or disgusted them in the several orators of the Forum. By these means they were furnished with an instructor of the best and most improving kind, exhibiting not the feigned resemblance of eloquence, but her real and lively manifestation-not a pretended but genuine adversary, armed in earnest for the combat-an audience ever full and ever new, composed of foes as well as of friends, and amongst whom not a single expression could fall but was either censured or applauded."

The minute attention paid by the younger orators to all the proceedings of the courts of justice, is evinced by the fragment of a Diary, which was kept by one of them in the time of Cicero, and in which we have a record, during two days, of the various harangues that were delivered, and the judgments that were p.r.o.nounced(237).

Nor were the advantages to be derived from fict.i.tious oratorical contests long denied to the Roman youth. The practice of declaiming on feigned subjects, was introduced at Rome about the middle of its seventh century.

The Greek rhetoricians, indeed, had been expelled, as well as the philosophers, towards the close of the preceding century; but, in the year 661, Plotius Gallus, a Latin rhetorician, opened a declaiming school at Rome. At this period, however, the declamations generally turned on questions of real business, and it was not till the time of Augustus, that the rhetoricians so far prevailed, as to introduce common-place arguments on fict.i.tious subjects.

The eloquence which had originally been cultivated for seditious purposes, and for political advancement, began now to be considered by the Roman youth as an elegant accomplishment. It was probably viewed in the same light that we regard horsemanship or dancing, and continued to be so in the age of Horace-

"Namque, et n.o.bilis, et decens, Et pro sollicitis non tacitus reis, Et centum puer artium, Late signa feret militiae suae(238)."

Under all these circ.u.mstances it is evident, that in the middle of the seventh century oratory would be neglected by none; and in an art so sedulously studied, and universally practised, many must have been proficients. It would be endless to enumerate all the public speakers mentioned by Cicero, whose catalogue is rather extensive and dry. We may therefore proceed to those two orators, whom he commemorates as having first raised the glory of Roman eloquence to an equality with that of Greece-Marcus Antonius, and Lucius Cra.s.sus.

The former, sirnamed _Orator_, and grandfather of the celebrated triumvir, was the most employed patron of his time; and, of all his contemporaries, was chiefly courted by clients, as he was ever willing to undertake any cause which was proposed to him. He possessed a ready memory, and remarkable talent of introducing everything where it could be placed with most effect. He had a frankness of manner which precluded any suspicion of artifice, and gave to all his orations an appearance of being the unpremeditated effusions of an honest heart. But though there was no apparent preparation in his speeches, he always spoke so well, that the judges were never sufficiently prepared against the effects of his eloquence. His language was not perfectly pure, or of a constantly sustained elegance, but it was of a solid and judicious character, well adapted to his purpose-his gesture, too, was appropriate, and suited to the sentiments and language-his voice was strong and durable, though naturally hoa.r.s.e-but even this defect he turned to advantage, by frequently and easily adopting a mournful and querulous tone, which, in criminal questions, excited compa.s.sion, and more readily gained the belief of the judges. He left, however, as we are informed by Cicero, hardly any orations behind him(239), having resolved never to publish any of his pleadings, lest he should be convicted of maintaining in one cause something which was inconsistent with what he had alleged in another(240).

The first oration by which Antony distinguished himself, was in his own defence. He had obtained the quaestorship of a province of Asia, and had arrived at Brundusium to embank there, when his friends informed him that he had been summoned before the Praetor Ca.s.sius, the most rigid judge in Rome, whose tribunal was termed the rock of the accused. Though he might have pleaded a privilege, which forbade the admission of charges against those who were absent on the service of the republic, he chose to justify himself in due form. Accordingly, he returned to Rome, stood his trial, and was acquitted with honour(241).

One of the most celebrated orations which Antony p.r.o.nounced, was that in defence of Norba.n.u.s, who was accused of sedition, and a violent a.s.sault on the magistrate, aemilius Caepio. He began by attempting to show from history, that seditions may sometimes be justifiable from necessity; that without them the kings would not have been expelled, or the tribunes of the people created. The orator then proceeded to insinuate, that his client had not been seditious, but that all had happened through the just indignation of the people; and he concluded with artfully attempting to renew the popular odium against Caepio, who had been an unsuccessful commander(242).

What Cicero relates concerning Antony's defence of Aquilius, is an example of his power in moving the pa.s.sions, and is, at the same time, extremely characteristic of the manner of Roman pleading. Antony, who is one of the speakers in the dialogue _De Oratore_, is introduced relating it himself.

Seeing his client, who had once been Consul and a leader of armies, reduced to a state of the utmost dejection and peril, he had no sooner begun to speak, with a view towards melting the compa.s.sion of others, than he was melted himself. Perceiving the emotion of the judges when he raised his client from the earth, on which he had thrown himself, he instantly took advantage of this favourable feeling. He tore open the garments of Aquilius, and showed the scars of those wounds which he had received in the service of his country. Even the stern Marius wept. Him the orator then apostrophized; imploring his protection, and invoking with many tears the G.o.ds, the citizens, and the allies of Rome. "But whatever I could have said," remarks he in the dialogue, "had I delivered it without being myself moved, it would have excited the derision, instead of the sympathy, of those who heard me(243)."

Antony, in the course of his life, had pa.s.sed through all the highest offices of the state. The circ.u.mstances of his death, which happened in 666, during the civil wars of Marius and Sylla, were characteristic of his predominant talent. During the last proscription by Marius, he sought refuge in the house of a poor person, whom he had laid under obligations to him in the days of his better fortune. But his retreat being discovered, from the circ.u.mstance of his host procuring for him some wine nicer than ordinary, the intelligence was carried to Marius, who received it with a savage shout of exultation, and, clapping his hands for joy, he would have risen from table, and instantly repaired to the place where his enemy was concealed; but, being detained by his friends, he immediately despatched a party of soldiers, under a tribune, to slay him. The soldiers having entered his chamber for this purpose, and Antony suspecting their errand, addressed them in terms of such moving and insinuating eloquence, that his a.s.sa.s.sins burst into tears, and had not sufficient resolution to execute their mission. The officer who commanded them then went in, and cut off his head(244), which he carried to Marius, who affixed it to that rostrum, whence, as Cicero remarks, he had ably defended the lives of so many of his fellow-citizens(245); little aware that he would soon himself experience, from another Antony, a fate similar to that which he deplores as having befallen the grandsire of the triumvir.

Cra.s.sus, the forensic rival of Antony, had prepared himself in his youth, for public speaking, by digesting in his memory a chosen number of polished and dignified verses, or a certain portion of some oration which he had read over, and then delivering the same matter in the best words he could select(246). Afterwards, when he grew a little older, he translated into Latin some of the finest Greek orations, and, at the same time, used every mental and bodily exertion to improve his voice, his action, and memory. He commenced his oratorical career at the early age of nineteen, when he acquired much reputation by his accusation of C. Carbo; and he, not long afterwards, greatly heightened his fame, by his defence of the virgin Licinia. Another of the best speeches of Cra.s.sus, was that addressed to the people in favour of the law of Servilius Caepio, restoring in part the judicial power to the Senate, of which they had been recently deprived, in order to vest it solely in the body of knights. But the most, splendid of all the appearances of Cra.s.sus, was one that proved the immediate cause of his death, which happened in 662, a short while before the commencement of the civil wars of Marius and Sylla; and a few days after the time in which he is supposed to have borne his part in the dialogue _De Oratore_. The Consul Philippus had declared, in one of the a.s.semblies of the people, that some other advice must be resorted to, since, with such a Senate as then existed, he could no longer direct the affairs of the government. A full Senate being immediately summoned, Cra.s.sus arraigned, in terms of the most glowing eloquence, the conduct of this Consul, who, instead of acting as the political parent and guardian of the Senate, sought to deprive its members of their ancient inheritance of respect and dignity. Being farther irritated by an attempt on the part of Philippus, to force him into compliance with his designs, he exerted, on this occasion, the utmost efforts of his genius and strength; but he returned home with a pleuritic fever, of which he died in the course of seven days. This oration of Cra.s.sus, followed as it was by his almost immediate death, made a deep impression on his countrymen; who, long afterwards, were wont to repair to the senate-house, for the purpose of viewing the spot where he had last stood, and fallen, as it may be said, in defence of the privileges of his order.

Cra.s.sus left hardly any orations behind him, and he died while Cicero was still in his boyhood; yet that author, having collected the opinions of those who had heard him, speaks with a minute and apparently perfect intelligence of his mode of oratory. He was what may be called the most ornamental speaker that had hitherto appeared in the Forum. Though not without force, gravity, and dignity, these were happily blended with the most insinuating politeness, urbanity, ease, and gaiety. He was master of the most pure and accurate language, and of perfect elegance of expression, without any affectation, or unpleasant appearance of previous study. Great clearness of exposition distinguished all his harangues, and, while descanting on topics of law or equity, he possessed an inexhaustible fund of argument and ill.u.s.tration. In speaking, he showed an uncommon modesty, which went even the length of bashfulness. When a young man, he was so intimidated at the opening of a speech, that Q. Maximus, perceiving him overwhelmed and disabled by confusion, adjourned the court, which the orator always remembered with the highest sense of grat.i.tude. This diffidence never entirely forsook him; and, after the practice of a long life at the bar, he was frequently so much agitated in the exordium of his discourse, that he was observed to grow pale, and to tremble in every part of his frame(247). Some persons considered Cra.s.sus as only equal to Antony; others preferred him as the more perfect and accomplished orator: Antony chiefly trusted to his intimate acquaintance with affairs and ordinary life: He was not, however, so dest.i.tute of knowledge as he seemed; but he thought the best way to recommend his eloquence to the people, was to appear as if he had never learned anything(248). Cra.s.sus, on the other hand, was well instructed in literature, and showed off his information to the best advantage. Antony possessed the greater power of promoting conjecture, and of allaying or exciting suspicion, by opposite and well-timed insinuations; but no one could have more copiousness or facility than Cra.s.sus, in defining, interpreting, and discussing, the principles of equity. The language of Cra.s.sus was indisputably preferable to that of Antony; but the action and gesture of Antony were as incontestably superior to those of Cra.s.sus.

Sulpicius and Cotta, who were both born about 630, were younger orators than Antony or Cra.s.sus, but were for some time their contemporaries, and had risen to considerable reputation before the death of the latter and a.s.sa.s.sination of the former. Sulpicius lived for some years respected and admired; but, about the year 665, at the first breaking out of the dissensions between Sylla and Marius, being then a tribune of the people, he espoused the part of Marius. Plutarch gives a memorable account of his character and behaviour at this conjuncture, declaring that he was second to none in the most atrocious villainies. Alike unrestrained in avarice and cruelty, he committed the most criminal and enormous actions without hesitation or reluctance. He sold by public auction the freedom of Rome to foreigners-telling out the purchase-money on counters erected for that purpose in the Forum! He kept 3000 swordsmen in constant pay, and had always about him a company of young men of the equestrian order, ready on every occasion to execute his commands; and these he styled his anti-senatorian band(249). Cicero touches on his crimes with more tenderness; but says, that when he came to be tribune, he stript of all their dignities those with whom, as a private individual, he had lived in the strictest friendship(250). Whilst Marius kept his ground against his rival, Sulpicius transacted all public affairs, in his capacity of tribune, by violence and force of arms. He decreed to Marius the command in the Mithridatic war: He attacked the Consuls with his band while they were holding an a.s.sembly of the people in the Temple of Castor and Pollux, and deposed one of them(251). Marius, however, having been at length expelled by the ascendancy of Sylla, Sulpicius was betrayed by one of his slaves, and immediately seized and executed. "Thus," says Cicero, "the chastis.e.m.e.nt of his rashness went hand in hand with the misfortunes of his country; and the sword cut off the thread of that life, which was then blooming to all the honours that eloquence can bestow(252)."

Cicero had reached the age of nineteen, at the period of the death of Sulpicius. He had heard him daily speak in the Forum, and highly estimates his oratoric powers(253). He was the most lofty, and what Cicero calls the most tragic, orator of Rome. His att.i.tudes, deportment, and figure, were of supreme dignity-his voice was powerful and sonorous-his elocution rapid; his action variable and animated.

The const.i.tutional weakness of Cotta prevented all such oratorical vehemence. In his manner he was soft and relaxed; but every thing he said was sober and in good taste, and he often led the judges to the same conclusion to which Sulpicius impelled them. "No two things," says Cicero, "were ever more unlike than they are to each other. The one, in a polite, delicate manner, sets forth his subject in well-chosen expressions. He still keeps to his point; and, as he sees with the greatest penetration what he has to prove to the court, he directs to that the whole strength of his reasoning and eloquence, without regarding other arguments. But Sulpicius, endued with irresistible energy, with a full strong voice, with the greatest vehemence, and dignity of action, accompanied with so much weight and variety of expression, seemed, of all mankind, the best fitted by nature for eloquence."

It was supposed that Cotta wished to resemble Antony, as Sulpicius obviously imitated Cra.s.sus; but the latter wanted the agreeable pleasantry of Cra.s.sus, and the former the force of Antony. None of the orations of Sulpicius remained in the time of Cicero-those circulated under his name having been written by Canutius after his death. The oration of Cotta for himself, when accused on the Varian law, was composed, it is said, at his request by Lucius aelius; and, if this be true, nothing can appear to us more extraordinary, than that so accomplished a speaker as Cotta should have wished any of the trivial harangues of aelius to pa.s.s for his own.

The renown, however, of all preceding orators, was now about to be eclipsed at Rome; and Hortensius burst forth in eloquence at once calculated to delight and astonish his fellow-citizens. This celebrated orator was born in the year 640, being thus ten years younger than Cotta and Sulpicius. His first appearance in the Forum was at the early age of nineteen-that is, in 659; and his excellence, says Cicero, was immediately acknowledged, like that of a statue by Phidias, which only requires to be seen in order to be admired(254). The case in which he first appeared was of considerable responsibility for one so young and inexperienced, being an accusation, at the instance of the Roman province of Africa, against its governors for rapacity. It was heard before Scaevola and Cra.s.sus, as judges-the one the ablest lawyer, the other the most accomplished speaker, of his age; and the young orator had the good fortune to obtain their approbation, as well as that of all who were present at the trial(255).

His next pleading of importance was in behalf of Nicomedes, King of Bithynia, in which he even surpa.s.sed his former speech for the Africans(256). After this we hear little of him for several years. The imminent perils of the Social War, which broke out in 663, interrupted, in a great measure, the business of the Forum. Hortensius served in this alarming contest for one year as a volunteer, and in the following season as a military tribune(257). When, on the re-establishment of peace in Italy in 666, he returned to Rome, and resumed the more peaceful avocations to which he had been destined from his youth, he found himself without a rival(258). Cra.s.sus, as we have seen, died in 662, before the troubles of Marius and Sylla. Antony, with other orators of inferior note, perished in 666, during the temporary and last ascendancy of Marius, in the absence of Sylla. Sulpicius was put to death in the same year, and Cotta driven into banishment, from which he was not recalled until the return of Sylla to Rome, and his election to the dictatorship in 670.

Hortensius was thus left for some years without a compet.i.tor; and, after 670, with none of eminence but Cotta, whom also he soon outshone. His splendid, warm, and animated manner, was preferred to the calm and easy elegance of his rival. Accordingly, when engaged in a cause on the same side, Cotta, though ten years senior, was employed to open the case, while the more important parts were left to the management of Hortensius(259).

He continued the undisputed sovereign of the Forum, till Cicero returned from his quaestorship in Sicily, in 679, when the talents of that orator first displayed themselves in full perfection and maturity. Hortensius was thus, from 666 till 679, a s.p.a.ce of thirteen years, at the head of the Roman bar; and being, in consequence, engaged during that long period, on one side or other, in every cause of importance, he soon ama.s.sed a prodigious fortune. He lived, too, with a magnificence corresponding to his wealth. An example of splendour and luxury had been set to him by the orator Cra.s.sus, who inhabited a sumptuous palace in Rome, the hall of which was adorned with four pillars of Hymettian marble, twelve feet high, which he brought to Rome in his aedileship, at a time when there were no pillars of foreign marble even in public buildings(260). The court of this mansion was ornamented by six lotus trees, which Pliny saw in full luxuriance in his youth, but which were afterwards burned in the conflagration in the time of Nero. He had also a number of vases, and two drinking-cups, engraved by the artist Mentor, but which were of such immense value that he was ashamed to use them(261). Hortensius had the same tastes as Cra.s.sus, but surpa.s.sed him and all his contemporaries in magnificence. His mansion stood on the Palatine Hill, which appears to have been the most fashionable situation in Rome, being at that time covered with the houses of Lutatius Catulus, aemilius Scaurus, Clodius, Catiline, Cicero, and Caesar(262). The residence of Hortensius was adjacent to that of Catiline; and though of no great extent, it was splendidly furnished. After the death of the orator, it was inhabited by Octavius Caesar(263), and formed the centre of the chief imperial palace, which increased from the time of Augustus to that of Nero, till it covered a great part of the Palatine Mount, and branched over other hills. Besides his mansion in the capital, he possessed sumptuous villas at Tusculum, Bauli, and Laurentum, where he was accustomed to give the most elegant and expensive entertainments. He had frequently peac.o.c.ks at his banquets, which he first served up at a grand augural feast, and which, says Varro, were more commended by the luxurious, than by men of probity and austerity(264). His olive plantations he is said to have regularly moistened and bedewed with wine; and, on one occasion, during the hearing of an important case, in which he was engaged along with Cicero, begged that he would change with him the previously arranged order of pleading, as he was obliged to go to the country to pour wine on a favourite _plata.n.u.s_, which grew near his Tusculan villa(265). Notwithstanding this profusion, his heir found not less than 10,000 casks of wine in his cellar after his death(266). Besides his taste for wine, and fondness for plantations, he indulged a pa.s.sion for pictures and fish-ponds. At his Tusculan villa, he built a hall for the reception of a painting of the expedition of the Argonauts, by the painter Cydias, which cost the enormous sum of a hundred and forty-four thousand sesterces(267). At his country-seat, near Bauli, on the sea sh.o.r.e, he vied with Lucullus and Philippus in the extent of his fish-ponds, which were constructed at immense cost, and so formed that the tide flowed into them(268). Under the promontory of Bauli, travellers are yet shown the _Piscina Mirabilis_, a subterraneous edifice, vaulted and divided by four rows of arcades, and which is supposed by some antiquarians to have been a fish-pond of Hortensius. Yet such was his luxury, and his reluctance to diminish his supply, that when he gave entertainments at Bauli, he generally sent to the neighbouring town of Puteoli to buy fish for supper(269). He had a vast number of fishermen in his service, and paid so much attention to the feeding of his fish, that he had always ready a large stock of small fish to be devoured by the great ones. It was with the utmost difficulty he could be prevailed on to part with any of them; and Varro declares, that a friend could more easily get his chariot mules out of his stable, than a mullet from his ponds. He was more anxious about the welfare of his fish than the health of his slaves, and less solicitous that a sick servant might not take what was unfit for him, than that his fish might not drink water which was unwholesome(270). It is even said, that he was so pa.s.sionately fond of a particular lamprey, that he shed tears for her untimely death(271).

The gallery at the villa, which was situated on the little promontory of Bauli, and looking towards Puteoli, commanded one of the most delightful views in Italy. The inland prospect towards c.u.mae was extensive and magnificent. Puteoli was seen along the sh.o.r.e at the distance of 30 _stadia_, in the direction of Pompeii; and Pompeii itself was invisible only from its distance. The sea view was unbounded; but it was enlivened by the numerous vessels sailing across the bay, and the ever changeful hue of its waters, now saffron, azure, or purple, according as the breeze blew, or as the sun ascended or declined(272).

Hortensius possessed another villa in Italy, which rivalled in its sylvan pomp the marine luxuries of Bauli. This mansion lay between Ostia and Lavinium, (now Pratica,) near to the town of Laurentum, so well remembered from ancient fable and poetry, as having been the residence of King Latinus, at the time of the arrival of aeneas in Italy, and at present known by the name of Torre di Paterno. The town of Laurentum was on the sh.o.r.e, but the villa of Hortensius stood to the north-east at some distance from the coast,-the grounds subsequently occupied by the villa of the younger Pliny intervening between it and Laurentum, and also between it and the Tuscan sea. Around were the walks and gardens of patrician villas; on one side was seen the town of Laurentum, with its public baths; on the other, but at a greater distance, the harbour of Ostia. Near the house were groves, and fields covered with herds-beyond were hills clothed with woods. The horizon to the north-east was bounded by magnificent mountains, and beyond the low maritime grounds, which lay between the port of Ostia and Laurentum, there was a distant prospect of the Tuscan sea(273).

Hortensius had here a wooded park of fifty acres, encompa.s.sed with a wall.

This enclosure he called a nursery of wild beasts, all which came for their provender at a certain hour, on the blowing of a horn-an exhibition with which he was accustomed to amuse the guests who visited him at his Laurentian villa. Varro mentions an entertainment, where those invited supped on an eminence, called a _Triclinium_, in this sylvan park. During the repast, Hortensius summoned his Orpheus, who, having come with his musical instruments, and being ordered to display his talents, blew a trumpet, when such a mult.i.tude of deer, boars, and other quadrupeds, rushed to the spot from all quarters, that the sight appeared to the delighted spectators as beautiful as the courses with wild animals in the great Circus of the aediles(274)!

The eloquence of Hortensius procured him not only all this wealth and luxury, but the highest official honours of the state. He was aedile in 679, Praetor in 682, and Consul two years afterwards. The wealth and dignities he had obtained, and the want of compet.i.tion, made him gradually relax from that a.s.siduity by which they had been acquired, till the increasing fame of Cicero, and particularly the glory of his consulship, stimulated him to renew his exertions. But his habit of labour had been in some degree lost, and he never again recovered his former reputation.

Cicero partly accounts for this decline, from the peculiar nature and genius of his eloquence(275). It was of that showy species called Asiatic, which flourished in the Greek colonies of Asia Minor, and was infinitely more florid and ornamental than the oratory of Athens, or even Rhodes, being full of brilliant thoughts and of sparkling expressions. This glowing style of rhetoric, though deficient in solidity and weight, was not unsuitable in a young man; and being farther recommended by a beautiful cadence of periods, met with the utmost applause. But Hortensius, as he advanced in life, did not prune his exuberance, or adopt a chaster eloquence; and this luxury, and glitter of phraseology, which, even in his earliest years, had occasionally excited ridicule or disgust among the graver fathers of the senatorial order, being totally inconsistent with his advanced age and consular dignity, which required something more serious and composed, his reputation diminished with increase of years; and though the bloom of his eloquence might be in fact the same, it appeared to be somewhat withered(276). Besides, from his declining health and strength, which greatly failed in his latter years, he may not have been able to give full effect to that showy species of rhetoric in which he indulged. A constant toothache, and swelling in the jaws, greatly impaired his power of elocution and utterance, and became at length so severe as to accelerate his end-

"aegresc.u.n.t tenerae fauces, quum frigoris atri Vis subiit, vel quum ventis agitabilis aer Vert.i.tur, atque ipsas flatus gravis inficit auras, Vel rabidus clamor fracto quum forte sonore Planum radit iter. Sic est Hortensius olim Absumptus: caussis etenim confectus agendis Obticuit, quum vox, domino vivente, periret, Et nondum exstincti moreretur lingua diserti(277)."

A few months, however, before his death, which happened in 703, he pleaded for his nephew, Messala, who was accused of illegal canva.s.sing, and who was acquitted, more in consequence of the astonishing exertions of his advocate, than the justice of his cause. So unfavourable, indeed, was his case esteemed, that however much the speech of Hortensius had been admired, he was received on entering the theatre of Curio on the following day, with loud clamour and hisses, which were the more remarked, as he had never met with similar treatment in the whole course of his forensic career(278). The speech, however, revived all the ancient admiration of the public for his oratorical talents, and convinced them, that had he always possessed the same perseverance as Cicero, he would not have ranked second to that orator. Another of his most celebrated harangues was that against the Manilian law, which vested Pompey with such extraordinary powers, and was so warmly supported by Cicero. That against the sumptuary law proposed by Cra.s.sus and Pompey, in the year 683, which tended to restrain the indulgence of his own taste, was well adapted to Hortensius'

style of eloquence; and his speech was highly characteristic of his disposition and habits of life. He declaimed, at great length, on the glory of Rome, which required splendour in the mode of living followed by its citizens(279). He frequently glanced at the luxury of the Consuls themselves, and forced them at length, by his eloquence and sarcastic declamation, to relinquish their scheme of domestic retrenchment.

The speeches of Hortensius, it has been already mentioned, lost part of their effect by the orator's advance in years, but they suffered still more by being transferred to paper. As his chief excellence consisted in action and delivery, his writings were much inferior to what was expected from the high fame he had enjoyed; and, accordingly, after death, he retained little of that esteem, which he had so abundantly possessed during his life(280). Although, therefore, his orations had been preserved, they would have given us but an imperfect idea of the eloquence of Hortensius; but even this aid has been denied us, and we must, therefore, now chiefly trust for his oratorical character to the opinion of his great but unprejudiced rival. The friendship and honourable compet.i.tion of Hortensius and Cicero, present an agreeable contrast to the animosities of aeschines and Demosthenes, the two great orators of Greece.

It was by means of Hortensius that Cicero was chosen one of the college of Augurs-a service of which his gratified vanity ever appears to have retained an agreeable recollection. In a few of his letters, indeed, written during the despondency of his exile, he hints a suspicion that Hortensius had been instrumental in his banishment, with a view of engrossing to himself the whole glory of the bar(281); but this mistrust ended with his recall, which Hortensius, though originally he had advised him to yield to the storm, urged on with all the influence of which he was possessed. Hortensius also appears to have been free from every feeling of jealousy or envy, which in him was still more creditable, as his rival was younger than himself, and yet ultimately forced him from the supremacy.

Such having been their sentiments of mutual esteem, Cicero has done his oratoric talents ample justice-representing him as endued with almost all the qualities necessary to form a distinguished speaker. His imagination was fertile-his voice was sweet and harmonious-his demeanour dignified-his language rich and elegant-his acquaintance with literature extensive. So prodigious was his memory, that, without the aid of writing, he recollected every word he had meditated, and every sentence of his adversary's oration, even to the t.i.tles and doc.u.ments brought forward to support the case against him-a faculty which greatly aided his peculiarly happy art of recapitulating the substance of what had been said by his antagonists or by himself(282). He also originally possessed an indefatigable application; and scarcely a day pa.s.sed in which he did not speak in the Forum, or exercise himself in forensic studies or preparation. But, of all the various arts of oratory, he most remarkably excelled in a happy and perspicuous arrangement of his subject. Cicero only reproaches him, and that but slightly, with showing more study and art in his gestures than was suitable for an orator. It appears, however, from Macrobius, that he was much ridiculed by his contemporaries, on account of his affected gestures. In pleading, his hands were constantly in motion, whence he was often attacked by his adversaries in the Forum for resembling an actor; and, on one occasion, he received from his opponent the appellation of _Dionysia_, which was the name of a celebrated dancing girl(283). aesop and Roscius frequently attended his pleadings, to catch his gestures, and imitate them on the stage(284). Such, indeed, was his exertion in action, that it was commonly said that it could not be determined whether people went to hear or to see him(285). Like Demosthenes, he chose and put on his dress with the most studied care and neatness. He is said, not only to have prepared his att.i.tudes, but also to have adjusted the plaits of his gown before a mirror, when about to issue forth to the Forum; and to have taken no less care in arranging them, than in moulding the periods of his discourse. He so tucked up his gown, that the folds did not fall by chance, but were formed with great care, by means of a knot artfully tied, and concealed in the plies of his robe, which apparently flowed carelessly around him(286). Macrobius also records a story of his inst.i.tuting an action of damages against a person who had jostled him, while walking in this elaborate dress, and had ruffled his toga, when he was about to appear in public with his drapery adjusted according to the happiest arrangement(287)-an anecdote, which, whether true or false, shows, by its currency, the opinion entertained of his finical attention to everything that concerned the elegance of his attire, or the gracefulness of his figure and att.i.tudes. He also bathed himself in odoriferous waters, and daily perfumed himself with the most precious essences(288). This too minute attention to his person, and to gesticulation, appears to have been the sole blemish in his oratorical character; and the only stain on his moral conduct, was his practice of corrupting the judges of the causes in which he was employed-a practice which must be, in a great measure, imputed to the defects of the judicial system at Rome; for, whatever might be the excellence of the Roman laws, nothing could be worse than the procedure under which they were administered(289).

Hortensius has received more justice from Cicero than another orator, Licinius Calvus, who, for a few years, was also considered as his rival in eloquence. Calvus has already been mentioned as an elegant poet; but Seneca calls his compet.i.tion with Cicero in oratory, _iniquissimam litem_.

His style of speaking was directly the reverse of that of Hortensius: he affected the Attic taste in eloquence, such as it appeared in what he conceived to be its purest form-the orations of Lysias. Hence that correct and slender delicacy at which he so studiously aimed, and which he conducted with great skill and elegance; but, from being too much afraid of the faults of redundance and unsuitable ornament, he refined and attenuated his discourse till it lost its raciness and spirit. He compensated, however, for his sterility of language, and diminutive figure, by his force of elocution, and vivacity of action. "I have met with persons," says Quintilian, "who preferred Calvus to all our orators; and others who were of opinion, that the too great rigour which he exercised on himself, in point of precision, had debilitated his oratorical talents. Nevertheless, his speeches, though chaste, grave, and correct, are frequently also vehement. His taste of writing was Attic; and his untimely death was an injury to his reputation, if he designed to add to his compositions, and not to retrench them." His most celebrated oration, which was against the unpopular Vatinius, was delivered at the age of twenty. The person whom he accused, overpowered and alarmed, interrupted him, by exclaiming to the judges, "Must I be condemned because he is eloquent?" The applause he obtained in this case may be judged of from what is mentioned by Catullus, of some one in the crowd clapping his hands in the middle of his speech, and exclaiming, "O what an eloquent little darling(290)!" Calvus survived only ten years after this period, having died at the early age of thirty. He left behind him twenty-one books of orations, which are said to have been much studied by the younger Pliny, and were the models he first imitated(291).

Calvus, though a much younger man than Cicero, died many years before him, and previous to the composition of the dialogue _Brutus_. Most of the other contemporaries, whom Cicero records in that treatise on celebrated orators, were dead also. Among an infinite variety of others, he particularly mentions Marcus Cra.s.sus, the wealthy triumvir, who perished in the ill-fated expedition against the Parthians; and who, though possessed but of moderate learning and capacity, was accounted, in consequence of his industry and popular arts, among the chief forensic patrons. His language was pure, and his subject well arranged; but in his harangues there were none of the lights and flowers of eloquence,-all things were expressed in the same manner, and the same tone.

Towards the conclusion of the dialogue, Cicero mentions so many of his predeceased contemporaries, that Atticus remarks, that he is drawing up the dregs of oratory. Calidius, indeed, seems the only other speaker who merits distinguished notice. He is characterized as different from all other orators,-such was the soft and polished language in which he arrayed his exquisitely delicate sentiments. Nothing could be more easy, pliable, and ductile, than the turn of his periods; his words flowed like a pure and limpid stream, without anything hard or muddy to impede or pollute their course; his action was genteel, his mode of address sober and calm, his arrangement the perfection of art. "The three great objects of an orator," says Cicero, while discussing the merits of Calidius, "are to instruct, delight, and move. Two of these he admirably accomplished. He rendered the most abstruse subject clear by ill.u.s.tration, and enchained the minds of his hearers with delight. But the third praise of moving and exciting the soul must be denied him; he had no force, pathos, or animation(292)." Such, indeed, was his want of emotion, where it was most appropriate, and most to be expected, that, while pleading his own cause against Q. Gallius for an attempt to poison him, though he stated his case with elegance and perspicuity, yet it was so smoothly and listlessly detailed, that Cicero, who spoke for the person accused, argued, that the charge must be false and an invention of his own, as no one could talk so calmly, and with such indifference, of a recent attempt which threatened his own existence(293).

These were the most renowned orators who preceded the age of Cicero, or were contemporaries with him; and before proceeding to consider the oratorical merits of him by whom they have been all eclipsed, at least in the eye of posterity, it may be proper, for a single moment, to remind the reader of the state of the Roman law,-of the judicial procedure, and of the ordinary practice of the Forum, at the time when he commenced and pursued his brilliant career of eloquence.

The laws of the first six kings of Rome, called the _Leges Regiae_, chiefly related to sacred subjects,-regulations of police,-divisions of the different orders in the state,-and privileges of the people. Tarquinius Superbus having laid a plan for the establishment of despotism at Rome, attempted to abolish every law of his predecessors which imposed control on the royal prerogative. About the time of his expulsion(294), the Senate and people, believing that the disregard of the laws was occasioned by their never having been reduced in writing, determined to have them a.s.sembled and recorded in one volume; and this task was intrusted by them to s.e.xtus Papyrius, a patrician. Papyrius accordingly collected, with great a.s.siduity, all the laws of the monarchs who had governed Rome previously to the time of Tarquin. This collection, which is sometimes called the _Leges Regiae_, and sometimes the Papyrian Code, did not obtain that confirmation and permanence which might have been expected. Many of the _Leges Regiae_ were the result of momentary emergencies, and inapplicable to future circ.u.mstances. Being the ordinances, too, of a detested race, and being in some respects but ill adapted to the genius and temper of a republican government, a great number of them soon fell into desuetude(295). The new laws promulgated immediately after the expulsion of the kings, related more to those const.i.tutional modifications which were rendered necessary by so important a revolution, than to the civil rights of the citizen. In consequence of the dissensions of the patricians and plebeians, every _Senatusconsultum_ proceeding from the deliberations of the Senate was negatived by the _veto_ of the Tribunes, while the Senate, in return, disowned the authority of the _Plebiscita_, and denied the right of the Tribunes to propose laws. There was thus a sort of legal interregnum at Rome; at least, there were no fixed rules to which all cla.s.ses were equally subjected: and the great body of the people were too often the victims of the pride of the patricians and tyranny of the consular government. In this situation, C. Terentius Arsa brought forward the law known by the name of _Terentilla_, of which the object was the election by the people of ten persons, who should compose and arrange a body of laws for the administration of public affairs, as well as decision of the civil rights of individuals according to established rules. The Senate, who maintained that the dispensation of justice was solely vested in the supreme magistrates, contrived, for five years, to postpone execution of this salutary measure; but it was at length agreed, that, as a preparatory step, and before the creation of the Decemvirs, who were to form this code, three deputies should be sent to Greece, and the Greek towns of Italy, to select such enactments as they might consider best adapted to the manners and customs of the Roman people.

The delegates, who departed on this emba.s.sy towards the close of the year 300, were occupied two years in their important mission. From what cities of Greece, or Magna Graecia, they chiefly borrowed their laws, has been a topic of much discussion, and seems to be still involved in much uncertainty(296); though Athens is most usually considered as having been the great fountain of their legislation.

On the return of the deputies to Rome, the office of Consul was suppressed, and ten magistrates, called Decemvirs, among whom these deputies were included, were immediately created. To them was confided the care of digesting the prodigious ma.s.s of laws which had been brought from Greece. This task they accomplished with the aid of Hermodorus, an exile of Ephesus, who then happened to be at Rome, and acted as their interpreter. But although the importation from Greece formed the chief part of the twelve tables, it cannot be supposed that the ancient laws of Rome were entirely superseded. Some of the _Leges Regiae_, which had no reference to monarchical government, as the laws of Romulus, concerning the _Patria potestas_, those concerning parricides, the removal of landmarks, and insolvent debtors, had, by tacit consent, pa.s.sed into consuetudinary law; and all those which were still in observance were incorporated in the Decemviral Code; in the same manner as the inst.i.tutions of the heroic ages of Greece formed a part of the laws of Solon and Lycurgus.

Before a year had elapsed from the date of their creation, the Decemvirs had prepared ten books of laws; which, being engraved on wooden or ivory tables, were presented to the people, and received the sanction of the Senate, and ratification of the Comitia Centuriata. Two supplementary tables were soon afterwards added, in consequence of some omissions which were observed and pointed out to the Decemvirs. In all these tables the laws were briefly expressed. The first eight related to matters of private right, the ninth to those of public, and the tenth to those of religious concern. These ten tables established very equitable rules for all different ranks, without distinction; but in the two supplemental tables some invidious distinctions were introduced, and many exclusive privileges conferred on the patricians.

On the whole, the Decemvirs appear to have been very well versed in the science of legislation. Those who, like Cicero(297) and Tacitus, possessed the Twelve Tables complete, and who were the most competent judges of how far they were adapted to the circ.u.mstances and manners of the people, have highly commended the wisdom of these laws. Modern detractors have chiefly objected to the sanguinary punishments they inflicted, the principles of the law of retaliation which they recognized, and the barbarous privileges permitted to creditors on the persons of their debtors. The severer enactments, however, of the Twelve Tables, were evidently never put in force, or so soon became obsolete, that the Roman laws were at length esteemed remarkable for the mildness of their punishments-the penalties of scourging, or death, being scarcely in any case inflicted on a Roman citizen.

The tables on which the Decemviral Code had been inscribed, were destroyed by the Gauls at the sack of the city; but such pains were taken in recovering copies, or making them out from recollection, that the laws themselves were almost completely re-established.

It might reasonably have been expected that a system of jurisprudence, carefully extracted from the whole legislative wisdom of Italy and Greece, should have restored in the commonwealth that good order and security which had been overthrown by the uncertainty of the laws, and the disputes of the patricians and plebeians. But the event did not justify the well-founded expectation. The ambition and lawless pa.s.sions of the chief Decemvir had rendered it necessary for him and his colleagues to abdicate their authority before they had settled with sufficient precision how their enactments were to be put in practice or enforced. It thus became essential to introduce certain _formulae_, called _Legis Actiones_, in order that the mode of procedure might not remain arbitrary and uncertain.

These, consisting chiefly of certain symbolical gestures, adapted to a legal claim or defence, were prepared by Claudius Ccus about the middle of the fifth century of Rome, but were intended to be kept private among the pontiffs and patrician Jurisconsults, that the people might not have the benefit of the law without their a.s.sistance. Cl. Flavius, however, a secretary of Claudius, having access to these formularies, transcribed and communicated them to the people about the middle of the fifth century of Rome. From this circ.u.mstance they were called the _Jus civile Flavianum_.

This discovery was so disagreeable to the patricians, that they devised new legal forms, which they kept secret with still more care than the others. But in 553, s.e.xtus aelius Catus divulged them again, and in consequence, these last prescripts obtained the name of _Jus aelium_, which may be regarded as the last part and completion of the Decemviral laws; and it continued to be employed as the form of process during the whole remaining period of the existence of the commonwealth.

As long as the republic survived, the Twelve Tables formed the foundation of the Roman law, though they were interpreted and enlarged by such new enactments as the circ.u.mstances of the state demanded(298). Thus the _Lex Aquilia_ and _Alinia_ were mere modifications of different heads of the twelve tables. Most of the new laws were introduced in consequence of the increase of empire and luxury, and the conflicting interests of the various orders in the state. Laws, properly so called, were proposed by a superior magistrate, as the Consul, Dictator, or Praetor, with consent of the Senate; they were pa.s.sed by the whole body of the people, patricians and plebeians, a.s.sembled in the Comitia Centuriata, and bore ever after the name of the proposer.

The _Plebiscita_ were enacted by the plebeians in the Comitia Tributa, apart from the patricians, and independently of the sanction of the Senate, at the _rogation_ of their own Tribunes, instead of one of the superior magistrates. The patricians generally resisted these decrees, as they were chiefly directed against the authority of the Senate, and the privileges of the higher orders of the state. But, by the _Lex Horatia_, the same weight and authority were given to them as to laws properly so termed, and thenceforth they differed only in name, and the manner in which they were enacted.

A _Senatusconsultum_ was an ordinance of the Senate on those points concerning which it possessed exclusive authority; but rather referred to matters of state, as the distribution of provinces, the application of public money, and the like, than to the ordinary administration of justice.

The patricians, being deprived by the Twelve Tables of the privilege of arbitrarily p.r.o.nouncing decisions, as best suited their interests; and being frustrated in their miserable attempts to maintain an undue advantage in matters of form, by secreting the rules of procedure held in courts of justice, they had now reserved to them only the power of interpreting to others the scope and spirit of the laws. Till the age, at least, of Augustus, the civil law was completely unconnected and dissipated; and no systematic, accessible, or authoritative treatise on the subject, appeared during the existence of the republic(299). The laws of the Twelve Tables were extremely concise and elliptical; and it seems highly probable that they were written in this style, not for the sake of perspicuity, but to leave all that required to be supplied or interpreted in the power of the Patricians(300). The changes, too, in the customs and language of the Romans, rendered the style of the Twelve Tables less familiar to each succeeding generation; and the ambiguous pa.s.sages were but imperfectly explained by the study of legal antiquarians. It was the custom, likewise, for each successive Praetor to publish an edict, announcing the manner in which justice was to be distributed by him-the rules which he proposed to follow in the decision of doubtful cases; and the degree of relief which his equity would afford from the precise rigour of ancient statutes. This annual alteration in forms, and sometimes even in the principles of law, introduced a confusion, which persons engrossed with other occupations could not unravel. The obscurity of old laws, and fluctuating jurisdiction of the Praetors, gave rise to that cla.s.s of men called Jurisconsults, whose business it was to explain legal difficulties, and reconcile statutory contradictions. It was the relation of patron and client, which was coeval almost with the city itself, and was invested with a sacred, inviolable character, that gave weight to the _dicta_ of those who, in some measure, came in place of the ancient patrons, and usually belonged to the patrician order.-"On the public days of market or a.s.sembly," says Gibbon, "the masters of the art were seen walking in the Forum, ready to impart the needful advice to the meanest of their fellow-citizens, from whose votes, on a future occasion, they might solicit a grateful return. As their years and honours increased, they seated themselves at home on a chair or throne, to expect with patient gravity the visits of their clients, who, at the dawn of day, from the town and country, began to thunder at their door. The duties of social life, and incidents of judicial proceedings, were the ordinary subject of these consultations; and the verbal or written opinions of the jurisconsults were framed according to the rules of prudence and law. The youths of their own order and family were permitted to listen; their children enjoyed the benefit of more private lessons; and the Mucian race was long renowned for the hereditary knowledge of the civil law(301)."