remembered, that those who are adjudged enemies to the ftate, can no longer be confidered as citizens; and that the author of that law himself fuffered death by the order of the people. Neither does Cæfar think that the profufe and prodigal Lentulus, who has concerted fo many cruel and bloody fchemes for the deftruction of the Roman people, and the ruin of the city, can be called a popular man. Accordingly this mild and merciful fenator makes no fcruple of condemning P. Lentulus to perpetual bonds and imprisonment; and provides that no one fhall henceforward have it in his power to boast of having procured a mitigation of this punifhment, or made himself popular by a step fo deftructive to the quiet of his fellowcitizens. He likewife adds the confifcation of their goods, that want and beggary may attend every torment of mind and body. If therefore you decree according to this opinion, you will give me a partner and companion to the affembly, who is dear and agreeable to the Roman people. Or, if you prefer that of Silanus, it will be eafy fill to defend both you and myself from any imputation of cruelty; nay, and to make appear, that it is much the gentler punishment of the two. And yet, confcript fathers, what cruelty can be committed in the punishment of fo enormous a crime? I fpeak according to my real fense of the matter. For may I never enjoy, in conjunction with you, the benefit of my country's fafety, if the eagerness which I fhew in this caufe proceeds from any feverity of temper, (for no man has lefs of it) but from pure humanity and clemency. For I feem to behold this city, the light of the universe, and the citadel of all nations, fuddenly involved in flames. I figure to myfelf my country in ruins, and the miferable bodies of flaughtered citizens, lying in heaps without burial. The image of Cethegus, furiously revelling in your blood, is now before my eyes. But when I reprefent to my imagination Lentulus on the throne, as he owns the fates encouraged him to hope; Gabinius cloathed in purple; and Catiline approaching with an army; then am I ftruck with horror at the thrieks of mothers, the flight of children, and the violation of the veital virgins. And because these calamities appear to me in the highest degree deplorable and dreadful, therefore am 1 fevere and unrelenting towards those who endeavoured to bring them upon us. For let me afk, fhould a mafter of a family, finding his children butchered, his wife murdered, and his house burnt by a flave, inflict upon the offender a punishment that fell short of the highest degree of vigour; would he be accounted mild and merciful, or inhuman and cruel? For my own part, I fhould look upon him as hard-hearted and infenfible, if he did not endeavour to allay his own anguish and torment, by the torment and anguish of the guilty caufe. It is the fame with us in refpect of those men who intended to murder us with our wives and children; who endeavoured to destroy our feveral dwellings, and this city, the general feat of the commonwealth; who confpired to fettle the Allobrogians upon the ruins of this ftate, and raife them from the afhes of our empire. If we punish them with the utmoit feverity, we shall be accounted compaffionate; but if we are remifs in the execution of juftice, we may defervedly be charged with the greatest cruelty, in expofing the republic and our fellow-citizens to ruin. Unlefs any one will pretend to fay, that L. Cæfar, a brave man, and zealous for the interest of his country, acted a cruel part the other day, when he declared, that the husband of his fifter, a lady of diftinguished merit, and that too in his own prefence and hearing, deferved to fuffer death; alledging the example of his grandfather, flain by order of the conful; who likewife commanded his fon, a mere youth, to be executed in prifon, for bringing him a meffage from his father. And yet, what was their crime compared with that now before us? had they formed any confpiracy to destroy their country? A partition of lands was then indeed propofed, and a spirit of faction began to prevail in the ftate: at which time the grandfather of this very Lentulus, an illuftrious patriot, attacked Gracchus in arms; and in defence of the honour and dignity of the commonwealth, received cruel wound. This his unworthy defcendant, to overthrow the very foundations of the ftate, fends for the Gauls, ftirs up the flaves, invites Catiline, affigns the murdering of the fenators to Cethegus, the maffacre of the reft of the citizens to Gabinius, the care of setting the city on fire to Caffius, and the devaftation and plunder of Italy to Catiline. Is it poflible you fhould be afraid of being thought too fevere in the punishment of fo unnatural and monftrous a treason? when in reality you have much more caufe to dread the charge of cruelty to your country for your too great lenity, than the imputation of feverity for proceeding in an exemplary manner against fuch implacable enemies. But I cannot, confcript fathers, conceal what I hear. Reports are fpread through the city, and have reached my ears, tending to infinuate, that we have not a fufficient force to fupport and execute what you fhall this day decree. But be affured, confcript fathers, that every thing is concerted, regulated, and fettled, partly through my extreme care and diligence; but ftill more by the indefatigable zeal of the Roman people, to fupport themfelves in the poffeffion of empire, and preferve their common fortunes. The whole body of the people is affembled for your defence: the forum, the temples round the forum, and all the avenues of the fenate are poffeffed by your friends. This, indeed, is the only caufe fince the building of Rome, in which all men have been unanimous, thofe only excepted, who, finding their own ruin unavoidable, chofe rather to perish in the general wreck of their country, than fall by themselves. These I willingly except, and feparate from the reft; for I confider them not fo much in the light of bad citizens, as of implacable enemies. But then as to the reft, immortal gods! in what crowds, with what zeal, and with what courage do they all unite in defence of the public welfare and dignity? What occafion is there to speak here of the Roman knights? who without difputing your precedency in rank, and the adminiftration of affairs, vie with you in their zeal for the republic; whom, after a diffenfion of many years, this day's caufe has entirely reconciled and united with you. And if this union, which my confulfhip has confirmed, be preferved and perpetuated, I am confident, that no civil or domeftic evil can ever again difturb this ftate. The like zeal for the common cause appears among the tribunes of the exchequer, and the whole body of the fcribes: who happening to affemble this day at the treasury, have dropt all conLideration of their private affairs, and turned their whole attention upon the public fafety. The whole body of free-born citizens, even the meaneft, offer us their affiftance. For where is the man, to whom thefe temples, the face of the city, the poffeffion of liberty; in fhort, this very light, and this parent foil, are not both dear and delightful. And here, confcript fathers, let me recommend to your notice the zeal of thofe freedmen, who having by their merit obtained the privilege of citizens, confider this as their real country: whereas fome born within the city, and born too of an illuftrious race, treat it not as a mother foil, but as a hoftile city. But why do I fpeak of men, whom private intereft, whom the good of the public, whom, in fine, the love of liberty, that dearest of all human bleffings, have rouzed to the defence of their country? There is not a flave in any tolerable condition of life, who does not look with horror on this daring attempt of profligate citizens, who is not anxious for the prefervation of the state; in fine, who does not contribute all in his power to promote the common fafety. If any of you, therefore, are fhocked by the report of Lentulus's agents running up and down the ftreets, and foliciting the needy and thoughtiefs to make fome effort for his refcue; the fact indeed is true, and the thing has been attempted: but not a man was found fo defperate in his fortune, fo abandoned in his inclinations, who did not prefer the fhed in which he worked and earned his daily bread, his little hut and bed in which he flept, and the eafy peaceful courfe of life he enjoyed, to all the propofals made by thefe enemies of the ftate. For the greatest part of those who live in shops, or to speak indeed more truly all of them, are of nothing fo fond as peace: for their whole ftock, their whole industry and fubfiftence depends upon the peace and fulness of the city; and if their gain would be interrupted by fhutting up their fhops, how much more would it be fo, by burning them? Since then, confcript fathers, the Roman people are not wanting in their zeal and duty towards you, it is your part not to be wanting to the Roman people. You have a conful fnatched from various fnares and dangers, and the jaws of death, not for the prefervation of his own life, but for your fecurity. All orders unite in opinion, inclination, zeal, courage, and a profeffed concern to fecure the commonwealth. Your common country, befet with the brands and weapons of an impious confpiracy, ftretches out her fuppliant hands to you for relief, recommends herself to your care, and befeeches you to take under your protection the lives of the citi zens, zens, the citadel, the capitol, the altars of domestic worship, the everlafting fire of Vefta, the shrines and temples of the gods, the walls of the city, and the houses of the citizens. Confider likewife, that you are this day to pafs judgment on your own lives, on thofe of your wives and children, on the fortunes of all the citizens, on your houfes and properties. You have a leader, fuch as you will not always have, watchful for you, regardless of himself. You have likewife, what was never known before in a case of this kind, all orders, all ranks of men, the whole body of the Roman people, of one and the fame mind. Reflect how this mighty empire reared with so much toil, this liberty established with fo much bravery, and this profufion of wealth improved and heightened by fuch favour and kindness of the gods, were like in one night to have been for ever deftroyed. You are this day to provide, that the fame thing not only fhall never be attempted, but not fo much as thought of again by any citizen. All this I have faid, not with a view to animate your zeal, in which you almoft furpafs me; but that my voice, which ought to lead in what relates to the commonwealth, may not fall fhort of my duty as conful. But before I declare my fentiments farther, confcript fathers, fuffer me to drop a word with regard to myfelf. I am fenfible I have drawn upon myfelf as many enemies, as there are perfons concerned in the confpiracy, whofe number you fee to be very great: but I look upon them as a base, abject, impotent, contemptible faction. But if, through the madness of any, it fhall rife again, fo as to prevail against the fenate and the republic; yet never, confcript fathers, fhall I repent of my prefent conduct and counfels. For death, with which perhaps they will threaten me, is prepared for all men; but none ever acquired that glory of life, which you have conferred upon me by your decrees. For to others you have decreed thanks for ferving the republic fuccefsfully; to me alone, for having faved it. Let Scipio be celebrated, by whofe conduct and valour Hannibal was forced to abandon Italy, and return into Africa: let the other Africanus be crowned with the highest praife, who deftroyed Carthage and Numantia, two cities at irreconcilable enmity with Rome: for ever renowned be L. Paulus, whofe chariot was graced by the captivity of Perfes, a once powerful and illuftrious monarch: Im mortal honour be the lot of Marius, who twice delivered Italy from invafion, and the dread of fervitude: above all others, let Pompey's name be renowned, whose great actions and virtues know no other limits than thofe that regulate the course of the fun. Yet furely, among so many heroes, fome place will be left for my praife; unless it be thought a greater merit to open a way into new provinces, whence we may retire at pleasure, than to take care that our conquerors may have a home to return to. In one circumftance, indeed, the condition of a foreign victory is better than that of a domeftic one; becaufe a foreign enemy, when conquered, is either quite crushed and reduced to flavery, or, obtaining favourable terms, becomes a friend: but when profligate citizens once turn rebels, and are baffled in their plots, you can neither keep them quiet by force, nor oblige them by favours. I therefore fee myself engaged in an eternal war with all traiterous citizens; but am confident I fhall eafily repel it from me and mine, through your's and every worthy man's affiftance, joined to the remembrance of the mighty dangers we have efcaped; a remembrance that will not only fubfift among the people delivered from them, but which must for ever cleave to the minds and tongues of all nations. Nor, I truft, will any force be found strong enough, to overpower or weaken the prefent union between you and the Roman knights, and this general confederacy of all good citizens. Therefore, confcript fathers, inftead of the command of armies and provinces, which I have declined; inftead of a triumph, and other diftinctions of honour, which for your prefervation, and that of this city, I have rejected; instead of attachments and dependencies in the provinces, which, by means of my authority and credit in the city I labour no less to fupport than acquire; for all these fervices, I fay, joined to my fingular zeal for your intereft, and that unwearied diligence you fee me exert to preferve the ftate; I require nothing more of you than the perpetual remembrance of this juncture, and of my whole confulfhip. While that con. tinues fixed in your minds, I fhall think myfelf furrounded with an impregnable wall. But fhould the violence of the factious ever disappoint and get the better of my hopes, I recommend to you my infant fon, and truft that it will be a fufficient guard, guard, not only of his fafety, but of his dignity, to have it remembered, that he is the fon of one who, at the hazard of his own life, preferved you all. Therefore, confeript fathers, let me exhort you to proceed with vigour and refolution in an affair that regards your very being, and that of the people of Rome; your wives, and children; your religion, and proper ties; your altars, and temples; the houfes, and dwellings of this city; your empire; your liberty; the fafety of Italy; and the whole fyftem of the commonwealth. For you have a conful, who will not only obey your decrees without hesitation, but while he lives, will fupport and execute in perfon whatever you shall order. Whitworth's Cicero. 9. Oration for the Poet Archias. THE ARGUMENT. A. Licinius Archias was a native of An- IF, my lords, I have any abilities, and I am fenfible they are but fmall; if, by fpeaking often, I have acquired any merit any know as a speaker; if I have derived But left it should appear ftrange, that, in a legal proceeding, and a public cause, before an excellent prætor, the most impartial judges, and fo crowded an affembly, I lay afide the ufual ftile of trials, and introduce one very different from that of the bar; I muft beg to be indulged in this liberty, which, I hope, will not be disagreeable to you, and which feems indeed to be due to the defendant: that whilft I am pleading for an excellent poet, and a man of great erudition, before fo learned an audience, fuch diftinguished patrons of the liberal arts, and fo eminent a prætor, you would allow me to enlarge with fome freedom on learning and liberal studies; and to employ an almoft unprecedented language for one, who, by reafon of a ftudious and unactive life, has been little converfant in dangers and public trials. If this, my lords, is granted me, I fhall not only prove that A. Licinius ought not, as he is a citizen, to be deprived of his privileges, but that, if he were not, he ought to be admitted. For no fooner had Archias got beyond the years of childhood, and applied himfelf to poetry, after finifhing those studies by which the minds of youth are usually formed to a tafte for polite learning, than his genius fhewed itfelf fuperior to any at Antioch, the place where he was born, of a noble family; once indeed a rich and renowned city, but ftill famous for liberal arts, and fertile in learned men. He was afterwards received with fuch applause in the other cities of Afia, and all over Greece, that though they expected more than fame had had promifed concerning him, even thefe expectations were exceeded, and their admiration of him greatly increafed. Italy was, at that time, full of the arts and fciences of Greece, which were then cultivated with more care among the Latins than now they are, and were not even neglected at Rome, the public tranquillity being favourable to them. Accordingly, the inhabitants of Tarentum, Rhegium and Naples, made him free of their refpective cities, and conferred other honours upon him; and all thofe who had any tafte, reckoned him worthy of their acquaintance and friendship. Being thus known by fame to thofe who were ftrangers to his perfon, he came to Rome in the confulfhip of Marius and Catulus; the firft of whom had, by his glorious deeds, furnished out a noble fubject for a poet; and the other, befides his memorable actions, was both a judge and a lover of poetry. Though he had not yet reached his feventeenth year, yet no fooner was he arrived than the Luculli took him into their family; which, as it was the firft that received him in his youth, fo it afforded him freedom of accefs even in old age; nor was this owing to his great genius and learning alone, but likewife to his amiable temper and virtuous difpofition. At that time too, Q. Metellus Numidicus, and his fon Pius, were delighted with his converfation; M. Æmilius was one of his hearers; Q. Catulus, both the elder and younger, honoured him with their intimacy; L. Craffus courted him; and being united by the greatest familiarity to the Luculli, Drufus, the Octavii, Cato, and the whole Hortenfian family, it was no fmall honour to him to receive marks of the higheft regard, not only from thofe who were really defirous of hearing him, and of being inftructed by him, but even from thofe who affected to be fo. A confiderable time after, he went with L. Lucullus into Sicily, and leaving that province in company with the fame Lucullus, came to Heraclea, which being joined with Rome by the clofeft bonds of alliance, he was defirous of being made free of it; and obtained his requeft, both on account of his own merit, and the intereft and authority of Lucullus. Strangers were admitted to the freedom of Rome, according to the law of Silvanus and Carbo, upon the following conditions: If they were enrolled by free cities; if they had a dwelling in Italy, when the law paf. fed; and if they declared their enrolment before the prætor within the space of fixty days. Agreeable to this law, Archias, who had refided at Rome for many years, made his declaration before the prætor Q. Metellus, who was his intimate friend. If the right of citizenship and the law is all I have to prove, I have done; the caufe is ended. For which of these things, Gracchus, can you deny? Will you fay that he was not made a citizen of Heraclea at that time? Why, here is Lucullus, a man of the greateft credit, honour, and integrity, who affirms it; and that not as a thing he believes, but as what he knows; not as what he heard of, but as what he faw; not as what he was prefent at, but as what he tranfacted. Here are likewife deputies from Heraclea, who affirm the fame; men of the greateft quality, come hither on purpofe to give public teftimony in this caufe. But here you'll defire to fee the public regifter of Heraclea, which we all know was burnt in the Italian war, together with the office wherein it was kept. Now, is it not ridiculous to fay nothing to the evidences which we have, and to defire those which we cannot have; to be filent as to the teftimony of men, and to demand the teftimony of regifters; to pay no regard to what is affirmed by a perfon of great dignity, nor to the oath and integrity of a free city of the ftricteft honour, evidences which are incapable of being corrupted, and to require thofe of regifters which you allow to be frequently vitiated. But he did not refide at Rome: what he, who for fo many years before Silvanus's law made Rome the feat of all his hopes and fortune. But he did not declare; fo far is this from being true, that his declaration is to be feen in that regifter, which, by that very act, and its being in the custody of the college of prætors, is the only authentic one. For the negligence of Appius, the corruption of Gabinius before his condemnation, and his difgrace after, having deftroyed the credit of public records; Metellus, a man of the greatest honour and modefty, was fo very exact, that he came before Lentulus the prætor and the other judges, and declared that he was uneafy at the erazure of a fingle name. The name of A. Licinius therefore is ftill to be feen; and as this is the cafe, why fhould you doubt of his being a citizen of Rome, especially as he was enrolled likewife in other free cities? For when Greece be stowed |