Though the judges and praetors were not absolutely obliged, till the time of the emperors, to follow the recorded opinions of the Jurisconsults, they possessed during the existence of the republic a preponderating weight and authority. The province of legislation was thus gradually invaded by these expounders of ancient statutes, till at length their recorded opinions, the _Responsa Prudentum_, became so numerous, and of such authority, that they formed the greatest part of the system of Roman jurisprudence, whence they were styled by Cicero, in his oration for Caecina, _Jus Civile_.

It is perfectly evident, however, that the civil law was neither much studied nor known by the _orators_ of the Senate, and Forum. Cicero, in his treatise _De Oratore_, informs us, that Ser. Galba, the first speaker of his day, was ignorant of law, inexperienced in civil rights, and uncertain as to the inst.i.tutions of his ancestors. In his _Brutus_ he says nearly the same thing of Antony and Sulpicius, who were the two greatest orators of their age, and who, he declares, knew nothing of public, private, or civil law. Antony in particular, always expressed a contempt for the study of the civil law(302). Accordingly, in the dialogue _De Oratore_, he is made to say, "I never studied the civil law, nor have I been sensible of any loss from my ignorance of it in those causes which I was capable of managing in our courts(303)." In the same dialogue, Scaevola says, "The present age is totally ignorant of the laws of the Twelve Tables, except you, Cra.s.sus, who, led by curiosity, rather than from its being any province annexed to eloquence, studied civil law under me." In his oration for Muraena, Cicero talks lightly of the study of the civil law, and treats his opponent with scorn on account of his knowledge of its words of style and forms of procedure(304). With exception, then, of Cra.s.sus, and of Scaevola, who was rather a jurisconsult than a speaker, the orators of the age of Cicero, as well as those who preceded it, were uninstructed in law, and considered it as no part of their duty to render themselves masters, either of the general principles of jurisprudence, or the munic.i.p.al inst.i.tutions of the state. Cra.s.sus, indeed, expresses his opinion, that it is impossible for an orator to do justice to his client without some knowledge of law, particularly in questions tried before the Centumviri, who had cognizance of points with regard to egress and regress in property, the interests of minors, and alterations in the course of rivers; and he mentions several cases, some of a criminal nature, which had lately occurred at Rome, where the question hinged entirely on the civil law, and required constant reference to precedents and authorities.

Antony, however, explains how all this may be managed. A speaker, for example, ignorant of the mode of drawing up an agreement, and unacquainted with the forms of a contract, might defend the rights of a woman who has been contracted in marriage, because there were persons who brought everything to the orator or patron, ready prepared,-presenting him with a brief, or memorial, not only on matters of fact, but on the decrees of the Senate, the precedents and the opinions of the jurisconsults. It also appears that there were solicitors, or professors of civil law, whom the orators consulted on any point concerning which they wished to be instructed, and the knowledge of which might be necessary previous to their appearance in the Forum. In this situation, the harangue of the orator was more frequently an appeal to the equity, common sense, or feelings of the judge, than to the laws of his country. Now, where a pleader addresses himself to the equity of his judges, he has much more occasion, and also much more scope, to display his eloquence, than where he must draw his arguments from strict law, statutes, and precedents. In the former case, many circ.u.mstances must be taken into account; many personal considerations regarded; and even favour and inclination, which it belongs to the orator to conciliate, by his art and eloquence, may be disguised under the appearance of equity. Accordingly, Cicero, while speaking in his own person, only says, that the science of law and civil rights should not be neglected; but he does not seem to consider it as essential to the orator of the Forum, while he enlarges on the necessity of elegance of language, the erudition of the scholar, a ready and popular wit, and a power of moving the pa.s.sions(305).

That these were the arts to which the Roman orators chiefly trusted for success in the causes of their clients, is apparent from the remains of their discourses, and from what is said of the mode of pleading in the rhetorical treatises of Cicero. "Pontius," says Antony, in the dialogue so often quoted, "had a son, who served in the war with the Cimbri, and whom he had destined to be his heir; but his father, believing a false report which was spread of his death, made a will in favour of another child. The soldier returned after the decease of his parent; and, had you been employed to defend his cause, you would not have discussed the legal doctrine as to the priority or validity of testaments; you would have raised his father from the grave, made him embrace his child, and recommend him, with many tears, to the protection of the Centumviri."

Antony, speaking of one of his own most celebrated orations, says, that his whole address consisted, 1st, in moving the pa.s.sions; 2d, in recommending _himself_; and that it was thus, and not by convincing the understanding of the judges, that he baffled the impeachment against his clients(306). Valerius Maximus has supplied, in his eighth book, many examples of unexpected and unmerited acquittals, as well as condemnations, from bursts of compa.s.sion and theatrical incidents. The wonderful influence, too, of a ready and popular wit in the management of causes, is apparent from the instances given in the second book _De Oratore_ of the effects it had produced in the Forum. The jests which are there recorded, though not very excellent, may be regarded as the finest flowers of wit of the Roman bar. Sometimes they were directed against the opposite party, his patron, or witnesses; and, if sufficiently impudent, seldom failed of effect.

That the principles and precepts of the civil law were so little studied by the Roman orators, and hardly ever alluded to in their harangues, while, on the other hand, the arts of persuasion, and wit, and excitement of the pa.s.sions, were all-powerful, and were the great engines of legal discussion, must be attributed to the const.i.tution of the courts of law, and the nature of the judicial procedure, which, though very imperfect for the administration of justice, were well adapted to promote and exercise the highest powers of eloquence. It was the forms of procedure-the description of the courts before which questions were tried-and the nature of these questions themselves(307)-that gave to Roman oratory such dazzling splendour, and surrounded it with a glory, which can never shine on the efforts of rhetoric in a better-regulated community, and under a more sober dispensation of justice.

The great exhibitions of eloquence were, 1st, In the civil and criminal causes tried before the Praetor, or judges appointed under his eye. 2d, The discussions on laws proposed in the a.s.semblies of the people. 3d, The deliberations of the Senate.

The Praetor sat in the Forum, the name given to the great square situated between Mount Palatine and the Capitol, and there administered justice.

Sometimes he heard causes in the Basilicae, or halls which were built around the Forum; but at other times the court of the Praetor was held in the area of the Forum, on which a tribunal was hastily erected, and a certain s.p.a.ce for the patron, client, and witnesses, was railed off, and protected from the encroachment of surrounding spectators. This s.p.a.ce was slightly covered above for the occasion with canva.s.s, but being exposed to the air on all sides, the court was an open one, in the strictest sense of the term(308).

From the time of the first Punic war there were two Praetors, to whom the cognizance of _civil_ suits was committed,-the _Praetor urba.n.u.s_ and _Praetor peregrinus_. The former tried the causes of citizens according to the Roman laws; the latter judged the cases of allies and strangers by the principles of natural equity; but as judicial business multiplied, the number of Praetors was increased to six. The Praetor was the chief judge in all questions that did not fall under the immediate cognizance of the a.s.semblies of the people or the Senate. Every action, therefore, came, in the first instance, before the Praetor; but he decided only in civil suits of importance: and if the cause was not of sufficient magnitude for the immediate investigation of his tribunal, or hinged entirely on matters of fact, he appointed one or more persons to judge of it. These were chosen from a list of _judices selecti_, which was made up from the three orders of senators, knights, and people. If but one person was appointed, he was properly called a _judex_, or _arbiter_. The _judex_ determined only such cases as were easy, or of small importance; and he was bound to proceed according to an express law, or a certain form prescribed to him by the Praetor. The _arbiter_ decided in questions of equity which were not sufficiently defined by law, and his powers were not so restricted by the Praetor as those of the ordinary _judex_. When more persons than one were nominated by the Praetor, they were termed _Recuperatores_, and they settled points of law or equity requiring much deliberation. Certain cases, particularly those relating to testaments or successions, were usually remitted by the Praetor to the _Centumviri_, who were 105 persons, chosen equally from the thirty-five tribes. The Praetor, before sending a case to any of those, whom I may call by the general name of judges, though, in fact, they more nearly resembled our jury, made up a _formula_, as it was called, or issue on which they were to decide; as, for example, "If it be proved that the field is in possession of Servilius, give sentence against Catulus, unless he produce a testament, from which it shall appear to belong to him."

It was in presence of these judges that the patrons and orators, surrounded by a crowd of friends and retainers, pleaded the causes of their clients. They commenced with a brief exposition of the nature of the points in dispute. Witnesses were afterwards examined, and the arguments on the case were enforced in a formal harangue. A decision was then given, according to the opinion of a majority of the judges. The Centumviri continued to act as judges for a whole year; but the other _judices_ only sat till the particular cause was determined for which they had been appointed. They remained, however, on the numerous list of the _judices selecti_, and were liable to be again summoned till the end of the year, when a new set was chosen for the judicial business of the ensuing season.

The Praetor had the power of reversing the decisions of the judges, if it appeared that any fraud or gross error had been committed. If neither was alleged, he charged himself with the duty of seeing the sentence which the judges had p.r.o.nounced carried into execution. Along with his judicial and ministerial functions, the Praetor possessed a sort of legislative power, by which he supplied the deficiency of laws that were found inadequate for many civil emergencies. Accordingly, each new Praetor, as we have already seen, when he entered on his office, issued an edict, announcing the supplementary code which he intended to follow. Every Praetor had a totally different edict; and, what was worse, none thought of adhering to the rules which he had himself traced; till at length, in the year 686, the Cornelian law, which met with much opposition, prohibited the Praetor from departing in practice from those principles, or regulations, he had laid down in his edict.

Capital trials, that is, all those which regarded the life or liberty of a Roman citizen, had been held in the _Comitia Centuriata_, after the inst.i.tution of these a.s.semblies by Servius Tullius; but the authority of the people had been occasionally delegated to Inquisitors, (_Quaesitores_,) in points previously fixed by law. For some time, all criminal matters of consequence were determined in this manner: But from the multiplicity of trials, which increased with the extent and vices of the republic, other means of despatching them were necessarily resorted to. The Praetors, originally, judged only in civil suits; but in the time of Cicero, and indeed from the beginning of the seventh century, four of the six Praetors were nominated to preside at criminal trials-one taking cognizance of questions of extortion-a second of peculation-a third of illegal canva.s.s-and the last, of offences against the state, as the _Crimen majestatis_, or treason. To these, Sylla, in the middle of the seventh century, added four more, who inquired into acts of public or private violence. In trials of importance, the Praetor was a.s.sisted by the counsel of select judges or jurymen, who originally were all chosen from the Senate, and afterwards from the order of Knights; but in Cicero's time, in consequence of a law of Cotta, they were taken from the Senators, Knights, and Tribunes of the treasury. The number of these a.s.sessors, who were appointed for the year, and nominated by the Praetor, varied from 300 to 600; and from them a smaller number was chosen by lot for each individual case. Any Roman citizen might accuse another before the Praetor; and not unfrequently the young patricians undertook the prosecution of an obnoxious magistrate, merely to recommend themselves to the notice or favour of their countrymen. In such cases there was often a compet.i.tion between two persons for obtaining the management of the impeachment, and the preference was determined by a previous trial, called _Divinatio_.

This preliminary point being settled, and the day of the princ.i.p.al trial fixed, the accuser, in his first speech, explained the nature of the case,-fortifying his statements as he proceeded by proofs, which consisted in the voluntary testimony of free citizens, the declarations of slaves elicited by torture, and written doc.u.ments. Cicero made little account of the evidence of slaves; but the art of extracting truth from a free witness-of exalting or depreciating his character-and of placing his deposition in a favourable light, was considered among the most important qualifications of an orator. When the evidence was concluded, the prosecutor enforced the proofs by a set speech, after which the accused entered on his defence.

But though the cognizance of crimes was in ordinary cases delegated to the Praetors, still the Comitia reserved the power of judging; and they actually did judge in causes, in which the people, or tribunes, who dictated to them, took an interest, and these were chiefly impeachments of public magistrates, for bribery or peculation. It was not understood, in any case, whether tried before the whole people or the Praetor, that either party was to be very scrupulous in the observance of truth. The judges, too, were sometimes overawed by an array of troops, and by menaces.

Canva.s.sing for acquittal and condemnation, were alike avowed, and bribery, at least for the former purpose, was currently resorted to. Thus the very crimes of the wretch who had plundered the province intrusted to his care, afforded him the most obvious means of absolution; and, to the wealthy peculator, nothing could be more easy than an escape from justice, except the opportunity of accusing the innocent and unprotected. "Foreign nations," says Cicero, "will soon solicit the repeal of the law, which prohibits the extortions of provincial magistrates; for they will argue, that were all prosecutions on this law abolished, their governors would take no more than what satisfied their own rapacity, whereas now they exact over and above this, as much as will be sufficient to gratify their patrons, the _Praetor and the judges_; and that though they can furnish enough to glut the avarice of one man, they are utterly unable to pay for his impunity in guilt(309)."

The organization of the judicial tribunals was wretched, and their practice scandalous. The Senate, Praetors, and Comitia, all partook of the legislative and judicial power, and had a sort of reciprocal right of opposition and reversal, which they exercised to gratify their avarice or prejudices, and not with any view to the ends of justice. But however injurious this system might be to those who had claims to urge, or rights to defend, it afforded the most ample field for the excursions of eloquence. The Praetors, though the supreme judges, were not men bred to the law-advanced in years-familiarized with precedents-secure of independence-and fixed in their stations for life. They were young men of little experience, who held the office for a season, and proceeded through it, to what were considered as the most important situations of the republic. Though their procedure was strict in some trivial points of preliminary form, devised by the ancient Jurisconsults, they enjoyed, in more essential matters, a perilous lat.i.tude. On the dangerous pretext of equity, they eluded the law by various subtilties or fictions; and thus, without being endued with legislative authority, they abrogated ancient enactments according to caprice. It was worse when, in civil cases, the powers of the Praetor were intrusted to the judges; or when, in criminal trials, the jurisdiction was a.s.sumed by the whole people. The inexperience, ignorance, and popular prejudices of those who were to decide them, rendered litigations extremely uncertain, and dependent, not on any fixed law or principle, but on the opinions or pa.s.sions of tumultuary judges, which were to be influenced and moved by the arts of oratory. This furnished ample scope for displaying all that interesting and various eloquence, with which the pleadings of the ancient orators abounded. The means to be employed for success, were conciliating favour, rousing attention, removing or fomenting prejudice, but, above all, exciting compa.s.sion. Hence we find, that in the defence of a criminal, while a law or precedent was seldom mentioned, every thing was introduced which could serve to gain the favour of the judges, or move their pity.

The accused, as soon as the day of trial was fixed, a.s.sumed an apparently neglected garb; and although allowed, whatever was the crime, to go at large till sentence was p.r.o.nounced, he usually attended in court surrounded by his friends, and sometimes accompanied by his children, in order to give a more piteous effect to the lamentations and exclamations of his counsel, when he came to that part of the oration, in which the fallen and helpless state of his client was to be suitably bewailed. Piso, justly accused of oppression towards the allies, having prostrated himself on the earth in order to kiss the feet of his judges, and having risen with his face defiled with mud, obtained an immediate acquittal. Even where the cause was good, it was necessary to address the pa.s.sions, and to rely on the judge's feelings of compa.s.sion, rather than on his perceptions of right. Rutilius prohibited all exclamations and entreaties to be used in his defence: He even forbade the accustomed and expected excitement of invocations, and stamping with the feet; and "he was condemned," says Cicero, "though the most virtuous of the Romans, because his counsel was compelled to plead for him as he would have done in the republic of Plato." It thus appears, that it was dangerous to trust to innocence alone, and the judges were the capricious arbiters of the fate of their fellow-citizens, and not (as their situation so urgently required) the inflexible interpreters of the laws of their exalted country.

But if the manner of treating causes was favourable to the exertions of eloquence, much also must be allowed for the nature of the questions themselves, especially those of a criminal description, tried before the Praetor or people. One can scarcely figure more glorious opportunities for the display of oratory, than were afforded by those complaints of the oppressed and plundered provinces against their rapacious governors. From the extensive ramifications of the Roman power, there continually arose numerous cases of a description that can rarely occur in other countries, and which are unexampled in the history of Britain, except in a memorable impeachment, which not merely displayed, but created such eloquence as can be called forth only by splendid topics, without which rhetorical indignation would seem extravagant, and attempted pathos ridiculous.

The spot, too, on which the courts of justice a.s.sembled, was calculated to inspire and heighten eloquence. The Roman Forum presented one of the most splendid spectacles that eye could behold, or fancy conceive. This s.p.a.ce formed an oblong square between the Palatine and Capitoline hills, composed of a vast a.s.semblage of sumptuous though irregular edifices. On the side next the Palatine hill stood the ancient Senate-house, and Comitium, and Temple of Romulus the Founder. On the opposite quarter, it was bounded by the Capitol, with its ascending range of porticos, and the temple of the tutelar deity on the summit. The other sides of the square were adorned with basilicae, and piazzas terminated by triumphal arches; and were bordered with statues, erected to the memory of the ancient heroes or preservers of their country(310). Having been long the theatre of the factions, the politics, the intrigues, the crimes, and the revolutions of the capital, every spot of its surface was consecrated to the recollection of some great incident in the domestic history of the Romans; while their triumphs over foreign enemies were vividly called to remembrance by the Rostrum itself, which stood in the centre of the vacant area, and by other trophies gained from vanquished nations:-

"Et cristae capitum, et portarum ingentia claustra, Spiculaque, clipeique, ereptaque rostra carinis(311)."

A vast variety of shops, stored with a profusion of the most costly merchandize, likewise surrounded this heart and centre of the world, so that it was the mart for all important commercial transactions. Being thus the emporium of law, politics, and trade, it became the resort of men of business, as well as of those loiterers whom Horace calls _Forenses_. Each Roman citizen, regarding himself as a member of the same vast and ill.u.s.trious family, scrutinized with jealous watchfulness the conduct of his rulers, and looked with anxious solicitude to the issue of every important cause. In all trials of oppression or extortion, the Roman mult.i.tude took a particular interest,-repairing in such numbers to the Forum, that even its s.p.a.cious square was hardly sufficient to contain those who were attracted to it by curiosity; and who, in the course of the trial, were in the habit of expressing their feelings by shouts and acclamations, so that the orator was ever surrounded by a crowded and tumultuary audience. This numerous a.s.sembly, too, while it inspired the orator with confidence and animation, after he had commenced his harangue, created in prospect that anxiety which led to the most careful preparation previous to his appearance in public. The apprehension and even trepidation felt by the greatest speakers at Rome on the approach of the day fixed for the hearing of momentous causes, is evident from many pa.s.sages of the rhetorical works of Cicero. The Roman orator thus addressed his judges with all the advantages derived both from the earnest study of the closet, and the exhilaration imparted to him by unrestrained and promiscuous applause.

2. Next to the courts of justice, the great theatre for the display of eloquence, was the Comitia, or a.s.semblies of the people, met to deliberate on the proposal of pa.s.sing a new law, or abrogating an old one. A law was seldom offered for consideration but some orator was found to dissuade its adoption; and as in the courts of justice the pa.s.sions of the judges were addressed, so the favourers or opposers of a law did not confine themselves to the expediency of the measure, but availed themselves of the prejudices of the people, alternately confirming their errors, indulging their caprices, gratifying their predilections, exciting their jealousies, and fomenting their dislikes. Here, more than anywhere, the many were to be courted by the few-here, more than anywhere, was created that excitement which is most favourable to the influence of eloquence, and forms indeed the element in which alone it breathes with freedom.

3. Finally, the deliberations of the Senate, which was the great council of the state, afforded, at least to its members, the n.o.blest opportunities for the exertions of eloquence. This august and numerous body consisted of individuals who had reached a certain age, and who were possessed of a certain extent of property, who were supposed to be of unblemished reputation, and most of whom had pa.s.sed through the annual magistracies of the state. They were consulted upon almost everything that regarded the administration or safety of the commonwealth. The power of making war and peace, though it ultimately lay with the people a.s.sembled in the Comitia Centuriata, was generally left by them entirely to the Senate, who pa.s.sed a decree of peace or war previous to the suffrages of the Comitia. The Senate, too, had always reserved to itself the supreme direction and superintendance of the religion of the country, and the distribution of the public revenue-the levying or disbanding troops, and fixing the service on which they should be employed-the nomination of governors for the provinces-the rewards a.s.signed to successful generals for their victories, and the guardianship of the state in times of civil dissension.

These were the great subjects of debate in the Senate, and they were discussed on certain fixed days of the year, when its members a.s.sembled of course, or when they were summoned together for any emergency. They invariably met in a temple, or other consecrated place, in order to give solemnity to their proceedings, as being conducted under the immediate eye of Heaven. The Consul, who presided, opened the business of the day, by a brief exposition of the question which was to be considered by the a.s.sembly. He then asked the opinions of the members in the order of rank and seniority. Freedom of debate was exercised in its greatest lat.i.tude; for, though no senator was permitted to deliver his sentiments till it came to his turn, he had then a right to speak as long as he thought proper, without being in the smallest degree confined to the point in question. Sometimes, indeed, the Conscript Fathers consulted on the state of the commonwealth in general; but even when summoned to deliberate on a particular subject, they seem to have enjoyed the privilege of talking about anything else which happened to be uppermost in their minds. Thus we find that Cicero took the opportunity of delivering his seventh Philippic when the Senate was consulted concerning the Appian Way, the coinage, and Luperci-subjects which had no relation to Antony, against whom he inveighed from one end of his oration to the other, without taking the least notice of the only points which were referred to the consideration of the senators(312). The resolution of the majority was expressed in the shape of a decree, which, though not properly a law, was ent.i.tled to the same reverence on the point to which it related; and, except in matters where the interests of the state required concealment, all pains were taken to give the utmost publicity to the whole proceedings of the Senate.

The number of the Senate varied, but in the time of Cicero, it was nearly the same as the British House of Commons; but it required a larger number to make a quorum. Sometimes there were between 400 and 500 members present; but 200, at least during certain seasons of the year, formed what was accounted a full house. This gave to senatorial eloquence something of the spirit and animation created by the presence of a popular a.s.sembly, while at the same time the deliberative majesty of the proceedings required a weight of argument and dignity of demeanour, unlooked for in the Comitia, or Forum. Accordingly, the levity, ingenuity, and wit, which were there so often crowned with success and applause, were considered as misplaced in the Senate, where the consular, or praetorian orator, had to prevail by depth of reasoning, purity of expression, and an apparent zeal for the public good.

It was the authority of the Senate, with the calm and imposing aspect of its deliberations, that gave to Latin oratory a somewhat different character from the eloquence of Greece, to which, in consequence of the Roman spirit of imitation, it bore, in many respects, so close a resemblance. The power of the Areopagus, which was originally the most dignified a.s.sembly at Athens, had been retrenched amid the democratic innovations of Pericles. From that period, everything, even the most important affairs of state, depended entirely, in the pure democracy of Athens, on the opinion, or rather the momentary caprice of an inconstant people, who were fond of pleasure and repose, who were easily swayed by novelty, and were confident in their power. As their precipitate decisions thus often hung on an instant of enthusiasm, the orator required to dart into their bosoms those electric sparks of eloquence which inflamed their pa.s.sions, and left no corner of the mind fitted for cool consideration. It was the business of the speaker to allow them no time to recover from the shock, for its force would have been spent had they been permitted to occupy themselves with the beauties of style and diction. "Applaud not the orator," says Demosthenes, at the end of one of his Philippics, "but do what I have recommended. I cannot save you by my words, you must save yourselves by your actions." When the people were persuaded, every thing was accomplished, and their decision was embodied in a sort of decree by the orator. The people of Rome, on the other hand, were more reflective and moderate, and less vain than the Athenians; nor was the whole authority of the state vested in them. There was, on the contrary, an acc.u.mulation of powers, and a complication of different interests to be managed. Theoretically, indeed, the sovereignty was in the people, but the practical government was intrusted to the Senate. As we see from Cicero's third oration, _De Lege Agraria_, the same affairs were often treated at the same time in the Senate and on the Rostrum. Hence, in the judicial and legislative proceedings, in which, as we have seen, the feelings of the judges and prejudices of the vulgar were so frequently appealed to, some portion of the senatorial spirit pervaded and controlled the popular a.s.semblies, restrained the impetuosity of decision, and gave to those orators of the Forum, or Comitia, who had just spoken, or were to speak next day in the Senate, a more grave and temperate tone, than if their tongues had never been employed but for the purpose of impelling a headlong mult.i.tude.

But if the Greeks were a more impetuous and inconstant, they were also a more intellectual people than the Romans. Literature and refinement were more advanced in the age of Pericles than of Pompey. Now, in oratory, a popular audience must be moved by what corresponds to the feelings and taste of the age. With such an intelligent race as the Greeks, the orator was obliged to employ the most accurate reasoning, and most methodical arrangement of his arguments. The flowers of rhetoric, unless they grew directly from the stem of his discourse, were little admired. The Romans, on the other hand, required the excitation of fancy, of comparisons, and metaphors, and rhetorical decoration. Hence, the Roman orator was more anxious to seduce the imagination than convince the understanding; his discourse was adorned with frequent digressions into the field of morals and philosophy, and he was less studious of precision than of ornament.

On the whole, the circ.u.mstances in the Roman const.i.tution and judicial procedure, appear to have wonderfully conspired to render

CICERO

an accomplished orator. He was born and educated at a period when he must have formed the most exalted idea of his country. She had reached the height of power, and had not yet sunk into submission or servility. The subjects to be discussed, and characters to be canva.s.sed, were thus of the most imposing magnitude, and could still be treated with freedom and independence. The education, too, which Cicero had received, was highly favourable to his improvement. He had the first philosophers of the age for his teachers, and he studied the civil law under Scaevola, the most learned jurisconsult who had hitherto appeared in Rome. When he came to attend the Forum, he enjoyed the advantage of daily hearing Hortensius, unquestionably the most eloquent speaker who had yet shone in the Forum or Senate. The harangues of this great pleader formed his taste, and raised his emulation, and, till near the conclusion of his oratorical career, acted as an incentive to exertions, which might have abated, had he been left without a compet.i.tor in the Forum. The blaze of Hortensius's rhetoric would communicate to his rival a brighter flame of eloquence than if he had been called on to refute a cold and inanimate adversary. Still, however, the great secret of his distinguished oratorical eminence was, that notwithstanding his vanity, he never fell into the apathy with regard to farther improvement, by which self-complacency is so often attended. On the contrary, Cicero, after he had delivered two celebrated orations, which filled the Forum with his renown, so far from resting satisfied with the acclamations of the capital, abandoned, for a time, the brilliant career on which he had entered, and travelled, during two years, through the cities of Greece, in quest of philosophical improvement and rhetorical instruction.

With powers of speaking beyond what had yet been known in his own country, and perhaps not inferior to those which had ever adorned any other, he possessed, in a degree superior to all orators, of whatever age or nation, a general and discursive acquaintance with philosophy and literature, together with an admirable facility of communicating the fruits of his labours, in a manner the most copious, perspicuous, and attractive. To this extensive knowledge, by which his mind was enriched and supplied with endless topics of ill.u.s.tration-to the lofty ideas of eloquence, which perpetually revolved in his thoughts-to that image which ever haunted his breast, of such infinite and superhuman perfection in oratory, that even the periods of Demosthenes did not fill up the measure of his conceptions(313), we are chiefly indebted for those emanations of genius, which have given, as it were, an immortal tongue to the now desolate Forum and ruined Senate of Rome.

The first oration which Cicero p.r.o.nounced, at least of those which are extant, was delivered in presence of four judges appointed by the Praetor, and with Hortensius for his opponent. It was in the case of Quintius, which was pleaded in the year 672, when Cicero was 26 years of age, at which time he came to the bar much later than was usual, after having studied civil law under Mucius Scaevola, and having further qualified himself for the exercise of his profession by the study of polite literature under the poet Archias, as also of philosophy under the princ.i.p.al teachers of each sect who had resorted to Rome. This case was undertaken by Cicero, at the request of the celebrated comedian Roscius, the brother-in-law of Quintius; but it was not of a nature well adapted to call forth or display any of the higher powers of eloquence. It was a pure question of civil right, and, in a great measure, a matter of form; the dispute being whether his client had forfeited his recognisances, and whether his opponent Naevius had got legal possession of his effects by an edict which the Praetor had p.r.o.nounced, in consequence of the supposed forfeiture. But even here, where the point was more one of dry legal discussion than in any other oration of Cicero, we meet with much invective, calculated to excite the indignation of the judges against the adverse party, and many pathetic supplications, interspersed with high-wrought pictures of the distresses of his client, in order to raise their sympathy in his favour.

_Pro s.e.xt. Roscio_. In the year following that in which he pleaded the case of Quintius, Cicero undertook the defence of Roscius of Ameria, which was the first public or criminal trial in which he spoke. The father of Roscius had two mortal enemies, of his own name and district. During the proscriptions of Sylla, he was a.s.sa.s.sinated one evening at Rome, while returning home from supper; and, on pretext that he was in the list proscribed, his estate was purchased for a mere nominal price by Chrysogonus, a favourite slave, to whom Sylla had given freedom, and whom he had permitted to buy the property of Roscius as a forfeiture. Part of the valuable lands thus acquired, were made over by Chrysogonus to the Roscii. These new proprietors, in order to secure themselves in the possession, hired Erucius, an informer and prosecutor by profession, to charge the son with the murder of his father, and they, at the same time, suborned witnesses, in order to convict him of the parricide. From dread of the power of Sylla, the accused had difficulty in prevailing on any patron to undertake his cause; but Cicero eagerly embraced this opportunity to give a public testimony of his detestation of oppression and tyranny. He exculpates his client, by enlarging on the improbability of the accusation, whether with respect to the enormity of the crime charged, or the blameless character and innocent life of young Roscius. He shows, too, that his enemies had completely failed in proving that he laboured under the displeasure of his father, or had been disinherited by him; and, in particular, that his constant residence in the country was no evidence of this displeasure-a topic which leads him to indulge in a beautiful commendation of a rural life, and the ancient rustic simplicity of the Romans. But while he thus vindicates the innocence of Roscius, the orator has so managed his pleading, that it appears rather an artful accusation of the two Roscii, than a defence of his own client. He tries to fix on them the guilt of the murder, by showing that they, and not the son, had reaped all the advantages of the death of old Roscius, and that, availing themselves of the strict law, which forbade slaves to be examined in evidence against their masters, they would not allow those who were with Roscius at the time of his a.s.sa.s.sination, but had subsequently fallen into their own possession, to be put to the torture. The whole case seems to have been pleaded with much animation and spirit, but the oration was rather too much in that florid Asiatic taste, which Cicero at this time had probably adopted from imitation of Hortensius, who was considered as the most perfect model of eloquence in the Forum; and hence the celebrated pa.s.sage on the punishment of parricide, (which consisted in throwing the criminal, tied up in a sack, into a river,) was condemned by the severer taste of his more advanced years. "Its intention," he declares, "was to strike the parricide at once out of the system of nature, by depriving him of air, light, water, and earth, so that he who had destroyed the author of his existence might be excluded from those elements whence all things derived their being. He was not thrown to wild beasts, lest their ferocity should be augmented by the contagion of such guilt-he was not committed naked to the stream, lest he should contaminate that sea which washed away all other pollutions. Everything in nature, however common, was accounted too good for him to share in; for what is so common as air to the living, earth to the dead, the sea to those who float, the sh.o.r.e to those who are cast up. But the parricide lives so as not to breathe the air of heaven, dies so that the earth cannot receive his bones, is tossed by the waves so as not to be washed by them, so cast on the sh.o.r.e as to find no rest on its rocks." This declamation was received with shouts of applause by the audience; yet Cicero, referring to it in subsequent works, calls it the exuberance of a youthful fancy, which wanted the control of his sounder judgment, and, like all the compositions of young men, was not applauded so much on its own account, as for the promise it gave of more improved and ripened talents(314). This pleading is also replete with severe and sarcastic declamation on the audacity of the Roscii, as well as the overgrown power and luxury of Chrysogonus; the orator has even hazarded an insinuation against Sylla himself, which, however, he was careful to palliate, by remarking, that through the multiplicity of affairs, he was obliged to connive at many things which his favourites did against his inclination.

Cicero's courage in defending and obtaining the acquittal of Roscius, under the circ.u.mstances in which the case was undertaken, was applauded by the whole city. By this public opposition to the avarice of an agent of Sylla, who was then in the plenitude of his power, and by the energy with which he resisted an oppressive proceeding, he fixed his character for a fearless and zealous patron of the injured, as much as for an accomplished orator. The defence of Roscius, which acquired him so much reputation in his youth, was remembered by him with such delight in his old age, that he recommends to his son, as the surest path to true honour, to defend those who are unjustly oppressed, as he himself had done in many causes, but particularly in that of Roscius of Ameria, whom he had protected against Sylla himself, in the height of his authority(315).

Immediately after the decision of this cause, Cicero, partly on account of his health, and partly for improvement, travelled into Greece and Asia, where he spent two years in the a.s.siduous study of philosophy and eloquence, under the ablest teachers of Athens and Asia Minor. Nor was his style alone formed and improved by imitation of the Greek rhetoricians: his p.r.o.nunciation also was corrected, by practising under Greek masters, from whom he learned the art of commanding his voice, and of giving it greater compa.s.s and variety than it had hitherto attained(316). The first cause which he pleaded after his return to Rome, was that of Roscius, the celebrated comedian, in a dispute, which involved a mere matter of civil right, and was of no peculiar interest or importance. All the orations which he delivered during the five following years, are lost, of which number were those for Marcus Tullius, and L. Varenus, mentioned by Priscian as extant in his time. At the end of that period, however, and when Cicero was now in the thirty-seventh year of his age, a glorious opportunity was afforded for the display of his eloquence, in the prosecution inst.i.tuted against Verres, the Praetor of Sicily, a criminal infinitely more hateful than Catiline or Clodius, and to whom the Roman _republic_, at least, never produced an equal in turpitude and crime. He was now accused by the Sicilians of many flagrant acts of injustice, rapine, and cruelty, committed by him during his triennial government of their island, which he had done more to ruin than all the arbitrary acts of their native tyrants, or the devastating wars between the Carthaginians and Romans.

In the advanced ages of the republic, extortion and violence almost universally prevailed among those magistrates who were exalted abroad to the temptations of regal power, and whose predecessors, by their moderation, had called forth in earlier times the applause of the world.

Exhausted in fortune by excess of luxury, they now entered on their governments only to enrich themselves with the spoils of the provinces intrusted to their administration, and to plunder the inhabitants by every species of exaction. The first laws against extortion were promulgated in the beginning of the seventh century. But they afforded little relief to the oppressed nations, who in vain sought redress at Rome; for the decisions there depending on judges generally implicated in similar crimes, were more calculated to afford impunity to the guilty, than redress to the aggrieved. This undue influence received additional weight in the case of Verres, from the high quality and connections of the culprit.

Such were the difficulties with which Cicero had to struggle, in entering on the accusation of this great public delinquent. This arduous task he was earnestly solicited to undertake, by a pet.i.tion from all the towns of Sicily, except Syracuse and Messina, both which cities had been occasionally allowed by the plunderer to share the spoils of the province.

Having accepted this trust, so important in his eyes to the honour of the republic, neither the far distant evidence, nor irritating delays of all those guards of guilt with which Verres was environed, could deter or slacken his exertions. The first device on the part of the criminal, or rather of his counsel, Hortensius, to defeat the ends of justice, was an attempt to wrest the conduct of the trial from the hands of Cicero, by placing it in those of Caecilius(317), who was a creature of Verres, and who now claimed a preference to Cicero, on the ground of personal injuries received from the accused, and a particular knowledge of the crimes of his pretended enemy. The judicial claims of these compet.i.tors had therefore to be first decided in that kind of process called _Divinatio_, in which Cicero delivered his oration, ent.i.tled _Contra Caecilium_, and shewed, with much power of argument and sarcasm, that he himself was in every way best fitted to act as the impeacher of Verres.

Having succeeded in convincing the judges that Caecilius only wished to get the cause into his own hands, in order to betray it, Cicero was appointed to conduct the prosecution, and was allowed 110 days to make a voyage to Sicily, in order to collect information for supporting his charge. He finished his progress through the island in less than half the time which had been granted him. On his return he found that a plan had been laid by the friends of Verres, to procrastinate the trial, at least till the following season, when they expected to have magistrates and judges who would prove favourable to his interests. In this design they so far succeeded, that time was not left to go through the cause according to the ordinary forms and practice of oratorical discussion in the course of the year: Cicero, therefore, resolved to lose no time by enforcing or aggravating the several articles of charge, but to produce at once all his doc.u.ments and witnesses, leaving the rhetorical part of the performance till the whole evidence was concluded. The first oration, therefore, against Verres, which is extremely short, was merely intended to explain the motives which had induced him to adopt this unusual mode of procedure.

He accordingly exposes the devices by which the culprit and his cabal were attempting to pervert the course of justice, and unfolds the eternal disgrace that would attach to the Roman law, should their stratagems prove successful. This oration was followed by the deposition of the witnesses, and recital of the doc.u.ments, which so clearly established the guilt of Verres, that, driven to despair, he submitted, without awaiting his sentence, to a voluntary exile(318). It therefore appears, that of the six orations against Verres, only one was p.r.o.nounced. The other five, forming the series of harangues which he intended to deliver after the proof had been completed, were subsequently published in the same shape as if the delinquent had actually stood his trial, and was to have made a regular defence.

The first of these orations, which to us appears rather foreign to the charge, but was meant to render the proper part of the accusation more probable, exposes the excesses and malversations committed by Verres in early life, before his appointment to the Praetorship of Sicily-his embezzlement of public money while Quaestor of Gaul-his extortions under Dolabella in Asia, and, finally, his unjust, corrupt, and partial decisions while in the office of _Praetor Urba.n.u.s_ at Rome, which, forming a princ.i.p.al part of the oration, the whole has been ent.i.tled _De Praetura Urbana_. In the following harangue, ent.i.tled _De Jurisdictione Siciliensi_, the orator commences with an elegant eulogy on the dignity, antiquity, and usefulness of the province, which was not here a mere idle or rhetorical embellishment, but was most appropriately introduced, as nothing could be better calculated to excite indignation against the spoiler of Sicily, than the picture he draws of its beauty; after which, he proceeds to give innumerable instances of the flagrant sale of justice, offices, and honours, and, among the last, even of the priesthood of Jupiter. The next oration is occupied with the malversations of Verres concerning grain, and the new ordinances, by which he had contrived to put the whole corps of the island at the disposal of his officers. In this harangue the dry statements of the prices of corn are rather fatiguing; but the following oration, _De Signis_, is one of the most interesting of his productions, particularly as ill.u.s.trating the history of ancient art.

For nearly six centuries Rome had been filled only with the spoils of barbarous nations, and presented merely the martial spectacle of a warlike and conquering people. Subsequently, however, to the campaigns in _Magna Graecia_, Sicily, and Greece, the Roman commanders displayed at their triumphs costly ornaments of gold, pictures, statues, and vases, instead of flocks driven from the Sabines or Volsci, the broken arms of the Samnites, and empty chariots of the Gauls. The statues and paintings which Marcellus transported from Syracuse to Rome, first excited that cupidity which led the Roman provincial magistrates to pillage, without scruple or distinction, the houses of private individuals, and temples of the G.o.ds(319). Marcellus and Mummius, however, despoiled only hostile and conquered countries. They had made over their plunder to the public, and, after it was conveyed to Rome, devoted it to the embellishment of the capital; but subsequent governors of provinces having acquired a taste for works of art, began to appropriate to themselves those masterpieces of Greece, which they had formerly neither known nor esteemed. Some contrived plausible pretexts for borrowing valuable works of art from cities and private persons, without any intention of restoring them; while others, less cautious, or more shameless, seized whatever pleased them, whether public or private property, without excuse or remuneration. But though this pa.s.sion was common to most provincial governors, none of them ever came up to the full measure of the rapacity of Verres, who, allowing much for the high colouring of the counsel and orator, appears to have been infected with a sort of disease, or mania, which gave him an irresistible propensity to seize whatever he saw or heard of, which was precious either in materials or workmanship. For this purpose he retained in his service two brothers from Asia Minor, on whose judgment he relied for the choice of statues and pictures, and who were employed to search out everything of this sort which was valuable in the island. Aided by their suggestions, he seized tapestry, pictures, gold and silver plate, vases, gems, and Corinthian bronzes, till he literally did not leave a single article of value of these descriptions in the whole island. The chief objects of this pillage were the statues and pictures of the G.o.ds, which the Romans regarded with religious veneration; and they, accordingly, viewed such rapine as sacrilege. Hence the frequent adjurations and apostrophes to the deities who had been insulted, which are introduced in the oration. The circ.u.mstances of violence and circ.u.mvention, under which the depredations were committed, are detailed with much vehemence, and at considerable length. Some description is given of the works of sculpture; and the names of the statuaries by whom they were executed, are also frequently recorded. Thus, we are told that Verres took away from a private gentleman of Messina the marble Cupid, by Praxiteles: He sacrilegiously tore a figure of Victory from the temple of Ceres-he deprived the city Tyndaris of an image of Mercury, which had been restored to it from Carthage, by Scipio, and was worshipped by the people with singular devotion and an annual festival. Some of the works of art were openly carried off-some borrowed under plausible pretences, but never restored, and others forcibly purchased at an inadequate value. If the speech _De Signis_ be the most curious, that _De Suppliciis_ is incomparably the finest of the series of _Verrine_ orations. The subject afforded a wider field than the former for the display of eloquence, and it presents us with topics of more general and permanent interest. Such, indeed, is the vehement pathos, and such the resources employed to excite pity in favour of the oppressed, and indignation against the guilty, that the genius of the orator is nowhere more conspicuously displayed-not even in the Philippics or Catilinarian harangues. It was now proved that Verres had practiced every species of fraud and depredation, and on these heads no room was left for defence. But as the duties of provincial Praetors were twofold-the administration of the laws, and the direction of warlike operations-it was suspected that the counsel of Verres meant to divert the attention of the judges from his avarice to his military conduct and valour. This plea the orator completely antic.i.p.ates. His misconduct, indeed, in the course of the naval operations against the pirates, forms one of the chief topics of Cicero's bitter invective. He demonstrates that the fleet had been equipped rather for show than for service; that it was unprovided with sailors or stores, and altogether unfit to act against an enemy. The command was given to Cleomenes, a Syracusan, who was ignorant of naval affairs, merely that Verres might enjoy the company of his wife during his absence. The description of the sailing of the fleet from Syracuse is inimitable, and it is so managed that the whole seems to pa.s.s before the eyes. Verres, who had not been seen in public for many months, having retired to a splendid pavilion, pitched near the fountain of Arethusa, where he pa.s.sed his time in company of his favourites, amidst all the delights that arts and luxury could administer, at length appeared, in order to view the departure of the squadron; and a Roman Praetor exhibited himself, standing on the sh.o.r.e in sandals, with a purple cloak flowing to his heels, and leaning on the shoulder of a harlot! The fleet, as was to be expected, was driven on sh.o.r.e, and there burned by the pirates, who entered Syracuse in triumph, and retired from it unmolested. Verres, in order to divert public censure from himself, put the captains of the ships to death; and this naturally leads on to the subject which has given name to the oration,-the cruel and illegal executions, not merely of Sicilians, but Roman citizens. The punishments of death and torture usually reserved for slaves, but inflicted by Verres on freemen of Rome, formed the climax of his atrocities, which are detailed in oratorical progression. After the vivid description of his former crimes, one scarcely expects that new terms of indignation will be found; but the expressions of the orator become more glowing, in proportion as Verres grows more daring in his guilt. The sacred character borne over all the world by a Roman citizen, must be fully remembered, in order to read with due feeling the description of the punishment of Gavius, who was scourged, and then nailed to a cross, which, by a refinement in cruelty, was erected on the sh.o.r.e, and facing Italy, that he might suffer death with his view directed towards home and a land of liberty. The whole is poured forth in a torrent of the most rapid and fervid composition; and had it actually flowed from the lips of the speaker, we cannot doubt the prodigious effect it would have had on a Roman audience, and on Roman judges. In the oration _De Signis_, something, as we have seen, is lost to a modern reader, by the diminished reverence for the mythological deities; and, in like manner, _we_ cannot enter fully into the spirit of the harangue _De Suppliciis_, which is planned with a direct reference to national feeling, to that stern decorum which could not be overstepped without shame, and that adoration of the majesty of Rome, which invested its citizens with inexpressible dignity, and bestowed on them an almost inviolable nature.

Hence the appearance of Verres in public, in a long purple robe, is represented as the climax of his enormities, and the punishment of scourging inflicted on a Roman citizen is treated (without any discussion concerning the justice of the sentence) as an unheard-of and unutterable crime. Yet even those parts least attractive to modern readers, are perfect in their execution; and the whole series of orations will ever be regarded as among the most splendid monuments of Tully's transcendent genius.

In the renowned cause against Verres, there can be no doubt that the orator displayed the whole resources of his vast talents. Every circ.u.mstance concurred to stimulate his exertions and excite his eloquence. It was the first time he had appeared as an accuser in a public trial-his clients were the injured people of a mighty province, rivalling in importance the imperial state-the inhabitants of Sicily surrounded the Forum, and an audience was expected from every quarter of Italy, of all that was exalted, intelligent, and refined. But, chiefly, he had a subject, which, from the glaring guilt of the accused, and the nature of his crimes, was so copious, interesting, and various, so abundant in those topics which an orator would select to afford full scope for the exercise of his powers, that it was hardly possible to labour tamely or listlessly in so rich a mine of eloquence. Such a wonderful a.s.semblage of circ.u.mstances never yet prepared the course for the triumphs of oratory; so great an opportunity for the exhibition of forensic art will, in all probability, never again occur. Suffice it to say, that the orator surpa.s.sed by his workmanship the singular beauty of his materials; and instead of being overpowered by their magnitude, derived from the vast resources which they supplied the merit of an additional excellence, in the skill and discernment of his choice.

The infinite variety of entertaining anecdotes with which the series of pleadings against Verres abounds-the works of art which are commemorated-the interesting topographical descriptions-the insight afforded into the laws and manners of the ancient Sicilians-the astonishing profusion of ironical sallies, all conspire to dazzle the imagination and rivet the attention of the reader; yet there is something in the idea that they were not actually delivered, which detracts from the effect of circ.u.mstances which would otherwise heighten our feelings. It appears to us even preposterous to read, in the commencement of the second oration, of a report having been spread that Verres was to abandon his defence, but that there he sat braving his accusers and judges with his characteristic impudence. The exclamations on his effrontery, and the adjurations of the judges, lose their force, when we cannot help recollecting that before one word of all this could be p.r.o.nounced, the person against whom they were directed as present had sneaked off into voluntary exile. Whatever effect this recollection may have had on the ancients, who regarded oratory as an art, and an oration as an elaborate composition, nothing can be more grating or offensive to the taste and feelings of a modern reader, whose idea of eloquence is that of something natural, heart-felt, inartificial, and extemporaneous.

The Sicilians, though they could scarcely have been satisfied with the issue of the trial, appear to have been sufficiently sensible of Cicero's great exertions in their behalf. Blainville, in his Travels, mentions, that while at Grotta Ferrata, a convent built on the ruins of Cicero's Tusculan Villa, he had been shown a silver medal, unquestionably antique, struck by the Sicilians in grat.i.tude for his impeachment of Verres. One side exhibits a head of Cicero, crowned with laurel, with the legend _M.

T. Ciceroni_-on the reverse, there is the representation of three legs extended in a triangular position, in the form of the three great capes or promontories of Sicily, with the motto,-"_Prostrato Verre Trinacria_."

_Pro Fonteio_. It is much to be regretted, that the oration for Fonteius, the next which Cicero delivered, has descended to us incomplete. It was the defence of an unpopular governor, accused of oppression by the province intrusted to his administration; and, as such, would have formed an interesting contrast to the accusation of Verres.

_Pro Caecina_. This was a mere question of civil right, turning on the effect of a Praetorian edict.

_Pro Lege Manilia_. Hitherto Cicero had only addressed the judges in the Forum in civil suits or criminal prosecutions. The oration for the Manilian law, which is accounted one of the most splendid of his productions, was the first in which he spoke to the whole people from the rostrum. It was p.r.o.nounced in favour of a law proposed by Manilius, a tribune of the people, for const.i.tuting Pompey sole general, with extraordinary powers, in the war against Mithridates and Tigranes, in which Lucullus at that time commanded. The chiefs of the Senate regarded this law as a dangerous precedent in the republic; and all the authority of Catulus, and eloquence of Hortensius, were directed against it. It has been conjectured, that in supporting pretensions which endangered the public liberty, Cicero was guided merely by interest, since an opposition to Pompey might have prevented his own election to the consulship, which was now the great object of his ambition. His life, however, and writings, will warrant us in ascribing to him a different, though perhaps less obvious motive. With the love of virtue and the republic, which glowed so intensely in the breast of this ill.u.s.trious Roman, that less n.o.ble pa.s.sion, the immoderate desire of popular fame, was unfortunately mingled.

"Fame," says a modern historian, "was the prize at which he aimed; his weakness of bodily const.i.tution sought it through the most strenuous labours-his natural timidity of mind pursued it through the greatest dangers. Pompey, who had fortunately attained it, he contemplated as the happiest of men, and was led, from this illusion of fancy, not only to speak of him, but really to think of him," (till he became unfortunate,) "with a fondness of respect bordering on enthusiasm. The glare of glory that surrounded Pompey, concealed from Cicero his many and great imperfections, and seduced an honest citizen, and finest genius in Rome, a man of unparalleled industry, and that generally applied to the n.o.blest purposes, into the prost.i.tution of his abilities and virtues, for exalting an ambitious chief, and investing him with such exorbitant and unconst.i.tutional powers, as virtually subverted the commonwealth(320)."

In defending this pernicious measure, Cicero divided his discourse into two parts-showing, first, that the importance and imminent dangers of the contest in which the state was engaged, required the unusual remedy proposed-and, secondly, that Pompey was the fittest person to be intrusted with the conduct of the war. This leads to a splendid panegyric on that renowned commander, in which, while he does justice to the merits of his predecessor, Lucullus, he enlarges on the military skill, valour, authority, and good fortune of this present idol of his luxuriant imagination, with all the force and beauty which language can afford. He fills the imagination with the immensity of the object, kindles in the breast an ardour of affection and grat.i.tude, and, by an acc.u.mulation of circ.u.mstances and proofs, so agg