XXXVII. I do not know whether you have as yet seen the historical memoirs which Mucianus has collected, and lately published, containing, in eleven volumes, the transactions of the times, and, in three more, the letters of eminent men who figured on the stage of public business. This portion of history is well authenticated by the original papers, still extant in the libraries of the curious. From this valuable collection it appears, that Pompey and Crassus owed their elevation as much to their talents as to their fame in arms; and that Lentulus , Metellus, Lucullus, Curio, and others of that class, took care to enlarge their minds, and distinguish themselves by their powers of speech. To say all in one word, no man, in those times, rose to eminence in the state, who had not given proof of his genius in the forum and the tribunals of justice. To this it may be added, that the importance, the splendour, and magnitude of the questions discussed in that period, served to animate the public orator. The subject, beyond all doubt, lifts the mind above itself: it gives vigour to sentiment, and energy to expression. Let the topic be a paltry theft, a dry form of pleading, or a petty misdemeanor; will not the orator feel himself cramped and chilled by the meanness of the question? Give him a cause of magnitude, such as bribery in the election of magistrates, a charge for plundering the allies of Rome, or the murder of Roman citizens, how different then his emotions! how sublime each sentiment! what dignity of language! The effect, it must be admitted, springs from the disasters of society. It is true, that form of government, in which no such evils occur, must, beyond all question, be allowed to be the best; but since, in the course of human affairs, sudden convulsions must happen, my position is, that they produced, at Rome, that flame of eloquence which at this hour is so much admired. The mind of the orator grows and expands with his subject. Without ample materials no splendid oration was ever yet produced. Demosthenes, I believe, did not owe his vast reputation to the speeches which he made against his guardians ; nor was it either the oration in defence of Quinctius, or that for Archias the poet, that established the character of Cicero. It was Catiline, it was Verres, it was Milo and Mark Antony, that spread so much glory round him. Let me not be misunderstood: I do not say, that for the sake of hearing a bright display of eloquence, it is fit that the public peace should be disturbed by the machinations of turbulent and lawless men. But, not to lose sight of the question before us, let it be remembered, that we are enquiring about an art which thrives and flourishes most in tempestuous times. It were, no doubt, better that the public should enjoy the sweets of peace, than be harassed by the calamities of war: but still it is war that produces the soldier and great commander. It is the same with Eloquence. The oftener she is obliged, if I may so express it, to take the field, the more frequent the engagement, in which she gives and receives alternate wounds, and the more formidable her adversary; the more she rises in pomp and grandeur, and returns from the warfare of the forum crowned with unfading laurels. He, who encounters danger, is ever sure to win the suffrages of mankind. For such is the nature of the human mind, that, in general, we choose a state of security for ourselves, but never fail to gaze with admiration on the man, whom we see, in the conflict of parties, facing his adversaries, and surmounting difficulties.
[38] Transeo ad formam et consuetudinem veterum iudiciorum. Quae etsi nunc aptior est [ita erit], eloquentiam tamen illud forum magis exercebat, in quo nemo intra paucissimas horas perorare cogebatur et liberae comperendinationes erant et modum in dicendo sibi quisque sumebat et numerus neque dierum neque patronorum finiebatur. primus haec tertio consulatu Cn. Pompeius adstrinxit imposuitque veluti frenos eloquentiae, ita tamen ut omnia in foro, omnia legibus, omnia apud praetores gererentur: apud quos quanto maiora negotia olim exerceri solita sint, quod maius argumentum est quam quod causae centumvirales, quae nunc primum obtinent locum, adeo splendore aliorum iudiciorum obruebantur, ut neque Ciceronis neque Caesaris neque Bruti neque Caelii neque Calvi, non denique ullius magni oratoris liber apud centumviros dictus legatur, exceptis orationibus Asinii, quae pro heredibus Urbiniae inscribuntur, ab ipso tamen Pollione mediis divi Augusti temporibus habitae, postquam longa temporum quies et continuum populi otium et assidua senatus tranquillitas et maxime principis disciplina ipsam quoque eloquentiam sicut omnia alia pacaverat.
XXXVIII. I proceed to another advantage of the ancient forum; I mean the form of proceeding and the rules of practice observed in those days. Our modern custom is, I grant, more conducive to truth and justice; but that of former times gave to eloquence a free career, and, by consequence, greater weight and splendour. The advocate was not, as now, confined to a few hours ; he might adjourn as often as it suited his convenience; he might expatiate, as his genius prompted him: and the number of days, like that of the several patrons, was unlimited. Pompey was the first who circumscribed the genius of men within narrower limits . In his third consulship he gave a check to eloquence, and, as it were, bridled its spirit, but still left all causes to be tried according to law in the forum, and before the prætors. The importance of the business, which was decided in that court of justice, will be evident, if we compare it with the transactions before the centumvirs , who at present have cognizance of all matters whatever. We have not so much as one oration of Cicero or Cæsar, of Brutus, Cælius, or Calvus, or any other person famous for his eloquence, which was delivered before the last-mentioned jurisdiction, excepting only the speeches of Asinius Pollio for the heirs of Urbinia. But those speeches were delivered about the middle of the reign of Augustus, when, after a long peace with foreign nations, and a profound tranquillity at home, that wise and politic prince had conquered all opposition, and not only triumphed over party and faction, but subdued eloquence itself.
[39] Parvum et ridiculum fortasse videbitur quod dicturus sum, dicam tamen, vel ideo ut rideatur. Quantum humilitatis putamus eloquentiae attulisse paenulas istas, quibus adstricti et velut inclusi cum iudicibus fabulamur? Quantum virium detraxisse orationi auditoria et tabularia credimus, in quibus iam fere plurimae causae explicantur? Nam quo modo nobilis equos cursus et spatia probant, sic est aliquis oratorum campus, per quem nisi liberi et soluti ferantur, debilitatur ac frangitur eloquentia. Ipsam quin immo curam et diligentis stili anxietatem contrariam experimur, quia saepe interrogat iudex, quando incipias, et ex interrogatione eius incipiendum est. frequenter probationibus et testibus silentium + patronus + indicit. unus inter haec dicenti aut alter adsistit, et res velut in solitudine agitur. Oratori autem clamore plausuque opus est et velut quodam theatro; qualia cotidie antiquis oratoribus contingebant, cum tot pariter ac tam nobiles forum coartarent, cum clientelae quoque ac tribus et municipiorum etiam legationes ac pars Italiae periclitantibus adsisteret, cum in plerisque iudiciis crederet populus Romanus sua interesse quid iudicaretur. Satis constat C. Cornelium et M. Scaurum et T. Nilonem et L. Bestiam et P. Vatinium concursu totius civitatis et accusatos et defensos, ut frigidissimos quoque oratores ipsa certantis populi studia excitare et incendere potuerint. Itaque hercule eius modi libri extant, ut ipsi quoque qui egerunt non aliis magis orationibus censeantur.
XXXIX. What I am going to say will appear, perhaps, too minute; it may border on the ridiculous, and excite your mirth: with all my heart; I will hazard it for that very reason. The dress now in use at the bar has an air of meanness: the speaker is confined in a close robe , and loses all the grace of action. The very courts of judicature are another objection; all causes are heard, at present, in little narrow rooms, where spirit and strenuous exertion are unnecessary. The orator, like a generous steed, requires liberty and ample space: before a scanty tribunal his spirit droops, and the dullness of the scene damps the powers of genius. Add to this, we pay no attention to style; and indeed how should we? No time is allowed for the beauties of composition: the judge calls upon you to begin, and you must obey, liable, at the same time, to frequent interruptions, while documents are read, and witnesses examined. During all this formality, what kind of an audience has the orator to invigorate his faculties? Two or three stragglers drop in by chance, and
to them the whole business seems to be transacted in solitude. But the orator requires a different scene. He delights in clamour, tumult, and bursts of applause. Eloquence must have her theatre, as was the case in ancient times, when the forum was crowded with the first men in Rome; when a numerous train of clients pressed forward with eager expectation; when the people, in their several tribes; when ambassadors from the colonies, and a great part of Italy; attended to hear the debate; in short, when all Rome was interested in the event. We know that in the cases of Cornelius, Scaurus, Milo, Bestia, and Vatinius, the concourse was so great, that those several causes were tried before the whole body of the people. A scene so vast and magnificent was enough to inflame the most languid orator. The speeches delivered upon those occasions are in every body’s hands, and, by their intrinsic excellence, we of this day estimate the genius of the respective authors.
[40] Iam vero contiones assiduae et datum ius potentissimum quemque vexandi atque ipsa inimicitiarum gloria, cum se plurimi disertorum ne a Publio quidem Scipione aut [L.] Sulla aut Cn. Pompeio abstinerent, et ad incessendos principes viros, ut est natura invidiae, populi quoque ut histriones auribus uterentur, quantum ardorem ingeniis, quas oratoribus faces admovebant. Non de otiosa et quieta re loquimur et quae probitate et modestia gaudeat, sed est magna illa et notabilis eloquentia alumna licentiae, quam stulti libertatem vocitant, comes seditionum, effrenati populi incitamentum, sine obsequio, sine severitate, contumax, temeraria, adrogans, quae in bene constitutis civitatibus non oritur. Quem enim oratorem Lacedae- monium, quem Cretensem accepimus? Quarum civitatum severissima disciplina et severissimae leges traduntur. Ne Macedonum quidem ac Persarum aut ullius gentis, quae certo imperio contenta fuerit, eloquentiam novimus. Rhodii quidam, plurimi Athenienses oratores extiterunt, apud quos omnia populus, omnia imperiti, omnia, ut sic dixerim, omnes poterant. Nostra quoque civitas, donec erravit, donec se partibus et dissensionibus et discordiis confecit, donec nulla fuit in foro pax, nulla in senatu concordia, nulla in iudiciis moderatio, nulla superiorum reverentia, nullus magistratuum modus, tulit sine dubio valentiorem eloquentiam, sicut indomitus ager habet quasdam herbas laetiores. Sed nec tanti rei publicae Gracchorum eloquentia fuit, ut pateretur et leges, nec bene famam eloquentiae Cicero tali exitu pensavit.
XL. If we now consider the frequent assemblies of the people, and the right of prosecuting the most eminent men in the state; if we reflect on the glory that sprung from the declared hostility of the most illustrious characters; if we recollect, that even Scipio, Sylla, and Pompey, were not sheltered from the storms of eloquence, what a number of causes shall we see conspiring to rouse the spirit of the ancient forum! The malignity of the human heart, always adverse to superior characters, encouraged the orator to persist. The very players, by sarcastic allusions to men in power, gratified the public ear, and, by consequence, sharpened the wit and acrimony of the bold declaimer. Need I observe to you, that in all I have said, I have not been speaking of that temperate faculty which delights in quiet times, supported by its own integrity, and the virtues of moderation? I speak of popular eloquence, the genuine offspring of that licentiousness, to which fools and ill-designing men have given the name of liberty: I speak of bold and turbulent oratory, that inflamer of the people, and constant companion of sedition; that fierce incendiary, that knows no compliance, and scorns to temporize; busy, rash, and arrogant, but, in quiet and well regulated governments, utterly unknown. Who ever heard of an orator at Crete or Lacedæmon? In those states a system of rigorous discipline was established by the first principles of the constitution. Macedonian and Persian eloquence are equally unknown. The same may be said of every country, where the plan of government was fixed and uniform. At Rhodes, indeed, and also at Athens, orators existed without number, and the reason is, in those communities the people directed every thing; a giddy multitude governed, and, to say the truth, all things were in the power of all. In like manner, while Rome was engaged in one perpetual scene of contention; while parties, factions, and internal divisions, convulsed the state; no peace in the forum, in the senate no union of sentiment; while the tribunals of justice acted without moderation; while the magistrates knew no bounds, and no man paid respect to eminent merit; in such times it must be acknowledged that Rome produced a race of noble orators; as in the wild uncultivated field the richest vegetables will often shoot up, and flourish with uncommon vigour. And yet it is fair to ask, Could all the eloquence of the Gracchi atone for the laws which they imposed on their country? Could the fame which Cicero obtained by his eloquence, compensate for the tragic end to which it brought him ?
[41] Sic quoque quod superest [antiquis oratoribus fori] non emendatae nec usque ad votum compositae civitatis argumentum est. Quis enim nos advocat nisi aut nocens aut miser? Quod municipium in clientelam nostram venit, nisi quod aut vicinus populus aut domestica discordia agitat? Quam provinciam tuemur nisi spoliatam vexatamque? Atqui melius fuisset non queri quam vindicari. Quod si inveniretur aliqua civitas, in qua nemo peccaret, supervacuus esset inter innocentis orator sicut inter sanos medicus. Quo modo tamen minimum usus minimumque profectus ars medentis habet in iis gentibus, quae firmissima valetudine ac saluberrimis corporibus utuntur, sic minor oratorum honor obscuriorque gloria est inter bonos mores et in obsequium regentis paratos. Quid enim opus est longis in senatu sententiis, cum optimi cito consentiant? Quid multis apud populum contionibus, cum de re publica non imperiti et multi deliberent, sed sapientissimus et unus? Quid voluntariis accusationibus, cum tam raro et tam parce peccetur? Quid invidiosis et excedentibus modum defensionibus, cum clementia cognoscentis obviam periclitantibus eat? credite, optimi et in quantum opus est disertissimi viri, si aut vos prioribus saeculis aut illi, quos miramur, his nati essent, ac deus aliquis vitas ac [vestra] tempora repente mutasset, nec vobis summa illa laus et gloria in eloquentia neque illis modus et temperamentum defuisset: nunc, quoniam nemo eodem tempore adsequi potest magnam famam et magnam quietem, bono saeculi sui quisque citra obtrectationem alterius utatur.”
XLI. The forum, at present, is the last sad relic of ancient oratory. But does that epitome of former greatness give the idea of a city so well regulated, that we may rest contented with our form of government, without wishing for a reformation of abuses? If we except the man of guilt, or such as labour under the hard hand of oppression, who resorts to us for our assistance? If a municipal city applies for protection, it is, when the inhabitants, harassed by the adjacent states, or rent and torn by intestine divisions, sue for protection. The province, that addresses the senate for a redress of grievances, has been oppressed and plundered, before we hear of the complaint. It is true, we vindicate the injured, but to suffer no oppression would surely be better than to obtain relief. Find, if you can, in any part of the world a wise and happy community, where no man offends against the laws: in such a nation what can be the use of oratory? You may as well profess the healing art where ill health is never known. Let men enjoy bodily vigour, and the practice of physic will have no encouragement. In like manner, where sober manners prevail, and submission to the authority of government is the national virtue, the powers of persuasion are rendered useless. Eloquence has lost her field of glory. In the senate, what need of elaborate speeches, when all good men are already of one mind? What occasion for studied harangues before a popular assembly, where the form of government leaves nothing to the decision of a wild democracy, but the whole administration is conducted by the wisdom of a single ruler? And again; when crimes are rare, and in fact of no great moment, what avails the boasted right of individuals to commence a voluntary prosecution? What necessity for a studied defence, often composed in a style of vehemence, artfully addressed to the passions, and generally stretched beyond all bounds, when justice is executed in mercy, and the judge is of himself disposed to succour the distressed? Believe me, my very good, and (as far as the times will admit) my eloquent friends, had it been your lot to live under the old republic, and the men whom we so much admire had been reserved for the present age; if
some god had changed the period of theirs and your existence, the flame of genius had been yours, and the chiefs of antiquity would now be acting with minds subdued to the temper of the times. Upon the whole, since no man can enjoy a state of calm tranquillity, and, at the same time, raise a great and splendid reputation; to be content with the benefits of the age in which we live, without detracting from our ancestors, is the virtue that best becomes us.
Complete Works of Tacitus (Delphi Classics) (Delphi Ancient Classics Book 24) Page 175
