ET. 43.

OPPOSED TO CATO.

123

be justly applied." Adverting to the personal qualifications of the two candidates, he playfully rallied Sulpicius upon his profession as a lawyer, and contrasted its obscure drudgery with the dashing exploits of Murena as lieutenant of Lucullus in Asia Minor. He seized the opportunity of pointing out the superiority of eloquence over case-law, and showed how often legal opinions and decisions are upset by a clever speech from an advocate; adding, with affected modesty, "I would say less in its praise if I were a proficient in the art as it is, I speak not of myself, but of those who are or have been eminent orators." He then alluded to other reasons which accounted for the greater popularity of his client, his good fortune in having obtained, as prætor, the office of administering civil justice; whereas, his rival had to discharge the odious duty of conducting criminal inquiries against those who embezzled the public money. Besides this, Sulpicius seems to have made up his mind from the first that he must be defeated in the contest; and while engaged in his canvass to have determined upon the prosecution of his competitor.

"But this is not the way," cried Cicero," to succeed. I like a candidate for office especially such an office as the consulship-to go forth to the Forum and the Campus Martius full of hope, and spirit, and resources. I disapprove of the getting up of a case against an opponent-the sure herald of defeat. I like not solicitude about evidence rather than about votes; threats rather than flattery; virtuous indignation rather than courteous salutations; especially since the fashion now is for the electors generally to call upon the candidates at their houses and judge by the countenance of each how far he feels confident, and what are his chances of success. 'Do you see,' says one, him there with the downcast and gloomy look? He is dispirited: he has lost all heart and thrown up the cards.' Then this rumour begins to be whispered about :-' Are you aware that so and so meditates a prosecution, is getting up a case, and looking out for evidence against his rivals? I'll vote for some one else, since he shows the white feather, and despairs of success.' The most intimate friends of candidates of this kind are disheartened and lose all zeal, and either abandon a cause which seems as good as lost, or reserve their support and interest for the subsequent trial which is to take place."

In dealing with the speech of Cato he artfully warned the court against the danger of being overawed by that illustrious name, and quoted examples to show that in former times the overweening power of the accusers had proved the safety of the accused. He next attacked the Stoic philosophy, upon which he threw the blame of Cato's severity; and this is, perhaps, the cleverest part of the speech.

In

some portions we might almost fancy we were reading the defence, amongst ourselves, of a member of parliament whose seat was contested before an election committee of the House of Commons on a petition containing allegations of bribery and treating.

Cato, as a disciple of that rigid school which held all offences to be equally criminal, and regarded the man who unnecessarily twisted a cock's neck as equally guilty with one who strangled his own father, had professed to be shocked at the idea that Murena had employed solicitation and the usual electioneering arts in his canvass. Crowds had gone out to meet him on his return to Rome, while he was a candidate for the consulship

"Well," said Cicero, "there was nothing extraordinary in this. The wonder would have been if they had stayed away. But a band of partisans followed him in procession through the streets.' What then? Prove that they were bribed to Without this, what have you to find

do it, and I admit that it was an offence. fault with? What need is there,' he asks, of processions?' Do you ask me what need there is of that which has always been a custom amongst us? The lower classes have only this one opportunity of our election contests for earning gratitude or conferring obligation. Do not, therefore, deprive them, Cato, of the power to do us this service. Allow those who hope for everything from us to have something which they can give us in return. They cannot plead for us in the courts, or give bail for us, or invite us to their houses. All this they ask at our hands; and they think that these benefits cannot be repaid by them in any other way than by displaying their zeal as partisans. But shows were publicly exhibited, and dinner-invitations were promiscuously given.' Now, although in fact this was not done by Murena at all, but only by his friends according to usual custom, yet I cannot help recollecting how many votes we lost owing to inquiries which these things occasioned in the senate.

66

He

Cato, however, joins issue with me like a stern and Stoic philosopher. denies the proposition that it is right that good-will should be conciliated by good dinners. He denies that in the choice of magistrates the judgment should be seduced by pleasure. Therefore, if any candidate, with a view to his return, invites an elector to supper, he shall be condemned as a violator of the law. Would you, forsooth,' says he, aim at power and office, and aspire to guide the helm of the state, by fostering the sensual appetites of men and corrupting their minds? Are you asking for some vicious indulgence from a band of effeminate youths, or the empire of the world from the Roman people?' This a solemn way of putting it indeed, but such language is opposed to our habits and customs, and to the very constitution itself.”

As he approached the close of his oration Cicero adopted a more serious tone. He eloquently described the dangers which threatened the commonwealth from the attacks of Catiline, and appealed to the compassion of the jury to save his client from the ruin with which an adverse verdict would overwhelm him. Murena was acquitted, and Cato

B.C. 63.

RETIREMENT FROM OFFICE.

125

X

good-humouredly remarked, "See what a witty consul we

have!"

Besides the law affixing new penalties to bribery, of which he was the author, Cicero got another measure passed this year which was directed against the abuse of what were called libera legationes. When a senator wished to travel in Italy or the provinces on private business, he used to apply for, and generally obtain from the Senate, a commission which entitled him to assume the privileges of an ambassador. The name given to this was libera legatio, and it was burdensome and oppressive to the inhabitants of the towns through which he passed, or in which he stayed; for he could claim at their expense provender for his horses and entertainment for himself and his retinue. And the period seems to have been of indefinite duration, for the reform introduced by Cicero merely limited it to a single year.

The end of his consulship had arrived, and on the last day, the 31st of December, he intended, according to the usual custom, to address the people from the Rostra on laying down his office. But he had soon a foretaste of the troubles that awaited him. One of the newly-elected tribunes, Q. Cæcilius Metellus Nepos, who had entered upon office on the 10th of December, interposed his veto, on the ground. that a man who had condemned Roman citizens to death without a trial, or allowing them to speak in their own defence, ought not to be allowed himself to speak to the people. Cicero says that no such insult was ever offered to a magistrate before. According to Plutarch, Metellus acted in concert with Julius Cæsar, who had just been elected one of the prætors, with Cicero's brother Quintus as his colleague. But he turned the interruption to good account. No harangue that he could have delivered would have served his purpose better than the few simple words he uttered when forbidden by the tribune to speak. Taking advantage of the moment when the usual oath at the close of a magisterial office was administered to him, he raised his voice, and in a

X

X

tone loud enough to be heard by the multitude, he swore that in his consulship he had saved the Republic from destruction. The people, with applauding shouts, cried out, You have spoken true!" It was a noble tribute of spontaneous gratitude to the retiring consul, and one to which, in after life, he often referred with feelings of pardonable exultation.

1 Dio Cassius, xxxvii. 38, says that the people would not suffer Cicero to make a speech. This is simply false,

and need be mentioned only as one instance out of many of Dio's malignant attempts to injure his memory.

CICERO was now a Consular-Vir Consularis. He had filled the highest dignity which it was in the power of the Republic to bestow, and henceforth he must live in Rome as a private senator. He was indeed entitled to the government of a province, but this, as we have seen, he had at the outset of his consulship declared he would not accept. He resigned Macedonia to his colleague Antonius, who proved to be a most oppressive and extortionate governor, and he contrived to get the other province of Cisalpine Gaul, which had fallen to the lot of Antonius, handed over to Metellus Celer, who, as prætor, did good service against Catiline, by preventing his escape in the direction of Fæsulæ.

This Metellus was the brother of Metellus Nepos the tribune, who had interposed to prevent Cicero from addressing the people on laying down his consulship. Nepos had quitted Pompey in Asia Minor, where he was serving under that general and devoted to his interests, in order to hurry to Rome and become a candidate for the tribuneship. He was elected, but the senatorial or conservative party exerted itself successfully to get Marcus Porcius Cato chosen as his colleague for the purpose of counteracting any mischief he might have in view, and the two were installed in office as wild and tame elephants are yoked together in the East. The tribune made no secret of his hostility to Cicero, who, anxious to keep on good terms with him, both for the sake of his own safety and out of regard for Nepos' brother