The Republic and The Laws

Source

Source: The Treatises of M. T. Cicero, ed. C. D. Yonge (London: Henry G. Bohn, Bohn's Classical Library, 1853), containing Francis Barham's translations of the Commonwealth (Republic) and the Laws, via the Internet Archive (treatisescicero00ciceuoft) Source URL: https://archive.org/details/treatisescicero00ciceuoft Translator: Francis Barham (1841) Public domain basis: Public-domain translation (Barham, 1841-1842). Includes the editor's and translator's introductions to each book. The Republic survives only in fragments. OCR text.

Preface by the Editor

Tis work was one of Cicero’s earlier treatises; though one of those which was most admired by his contemporaries, and one of which he

‘himself was most proud. It was composed z.c. 54. It was originally in two books: then it was altered and enlarged intonine; and finally reduced to six. 4Vith the exception of the dream of Scipio, in the last book, the whole treatise was lost till the year 1822, when the librarian of the Vatican discovered a portion of them among the palimpsests in that library. What he discovered is translated here; but it is in a most imperfect and mutilated state.

The form selected was that of a dialogue, in imitation of those of Plato;

and the several conferences were supposed to have taken place during the Latin holidays, B.c. 129, in the consulship of Caius Sempronius, Tuditanus and Marcus Aquilius. The speakers are Scipio Africanus

. ‘the younger, in whose garden the scene is laid; Caius Leelius, Lucius Furius Philus, Marcus Manilius, Spurius Mummius, the brother of the taker of Corinth, ” a Stoic; Quintus Allius Tubero, a nephew of Africanus; Publius Rutilius Rufus; ; Quintus Mucius Sesevola, the tutor of Cicero, and Caius Fannius, who was absent however on the second day of the conference.

In the first book, the first thirty-three pages are wanting, and there are chasms amounting to thirty-eight pages more. In this book Scipio

- asserts the superiority of an active over a speculative career ; and after analysing and comparing the monarchical, :aristocratic, . and democratic forms of government, gives a preference to the first; although his idea of ‘a perfect constitution would be, one. compounded of three kinds in due proportion.

There are a few chasms in the earlier part of the second book, and the latter part of it is wholly lost. Im it Scipio was led on to. give an _‘account of the rise and progress of the Roman. Constitution, from which he passed on to the examination of the great. moral obligations whichiare the foundations of .all political. union.

Of the remaining books, we have only ‘a few disjointed eogmpriie, with the exception, as has been ‘before. mentioned, of the dream of Scipio in the sixth.

Introduction to the First Book

BY THE ORIGINAL TRANSLATOR,

Crcrro introduces his subject, by showing that men were not born for

’ the mere abstract study of philosophy, but that the study of. philosophie truth should always be made as practical as possible, and applicable to the great interests of philanthropy and patriotism. Cicero endeavours to show the benefit of mingling the contemplative or philosophic, with the political and active life, according to that maxim of Plato,—‘ Happy is the nation whose philosophers are kings, and whose kings are philosophers.”

This kind of introduction was the more necessary, because many of the ancient philosophers, too warmly attached to transcendental metaphysics and sequestered speculations, had affirmed that true philosophers ought not to interest themselves in the management of public affairs. Thus, as M. Villemain observes, it was a maxim of the Epicureans, “Sapiens ne accedat ad rempublicam,’—Let no wise man meddle in politics. The Pythagoreans had enforced the same principle with more gravity. Aristotle examines the question on both sides, and concludes in favour of active life. Among Aristotle’s disciples, a writer, singularly elegant and pure, had maintained the preeminence of the contemplative life over the political or active one, in a work which Cicero cites with admiration, and to which he seems to have applied for relief, whenever he felt harassed and discouraged in public business, But here, this great man was interested by the subject he discusses, and by the whole course of his experience and conduct, to refute the dogmas of that pusillanimous sophistry and selfish indulgence, by bringing forward the most glorious examples and achievements of patriotism. In this strain he had doubtless commenced his exordium, and in this strain we find him continuing it, at the point in which the palimpsest becomes legible. He then proceeds to introduce his illustrious Interlocutors, and leads them at first to discourse on the astronomical laws that regulate the revolutions of our planet. From this, by a very graceful and beautiful transition, he passes on to the consideration of the best forms of political constitutions that had prevailed in different nations, and those modes of government which had produced the greatest. benefits in the Commonwealths of antiquity.

This first book is, in fact, a splendid epitome of the political science of the age of Cicero; and probably the most eloquent plea in favour of mixed monarchy to be found in all literature.

Book I

I. [Wirnovt the virtue of patriotism], neither Caius Duilius, nor Aulus Atilius,’ nor Lucius Metellus, could have delivered Rome by their courage from the terror of Carthage ; nor could the two Scipios, when the fire of the second Punic War was kindled, have quenched it in their blood; nor, when it revived in greater force, could either Quintus Maximus? have enervated it, or Marcus Marcellus have crushed it; nor, when it was repulsed from the gates of our own city, would Scipio have confined it within the walls of our enemies.

But Cato, at first a new and unknown man, whom all we who aspire to the same honours consider as a pattern to lead us on to industry and virtue, was undoubtedly at liberty to enjoy his repose at Tusculum, a most salubrious and convenient retreat, But he,—mad as some people think him,— though no necessity compelled him, preferred being tossed about amid the tempestuous waves of politics, even till extreme old age, to living with all imaginable luxury in that tranquillity and relaxation. J omit innumerable men who have separately devoted themselves to the protection of our Commonwealth ; and those whose lives are within the memory of the present generation, I will not mention, lest any one should complain that I had invidiously forgotten himself. or some one of his family. This only I insist on—that so great is the necessity of this virtue which nature has implanted in man, and so great is the desire to defend the common safety of our country, that its energy has continually overcome all the blandishments of pleasure and repose.

II. Nor is it sufficient to possess this virtue as if it were some kind of art, unless we put it in practice. An art, indeed, though not exercised, may still be retained in knowledge ; but virtue consists wholly in its proper use and action. Now, the noblest use of virtue is the government of the Commonwealth, and the carrying out in real action, not in words only, of all those identical theories which those philo-

sophers discuss at every corner. For nothing is spoken by philosophers, so far as they speak correctly and honourably, which has not been discovered and confirmed by those persons who have been the founders of the laws of states. For whence comes piety, or from whom has religion been derived ?~—whence: comes law, either that of nations, or that. which is called the civil law?—whence comes justice, faith, equity?—-whence modesty, continence, the horror of baseness, the desire ef praise and renown !—whence fortitude in.

labours and perils? Doubtless, from those who have instilled. some of -these moral principles into men by education, and confirmed others by custom, and sanctioned others by laws. Moreover, it is reported of Xenocrates, one of the sublimest philosophers, that when some one asked him what his disciples learned, he replied, “To do that of their own accord’ which they might be compelled to do by law.” That citizen, therefore, who obliges all men to those virtuous actions, by _ the authority of laws and penalties, to which the philosophers can scarcely persuade a few by the force of their eloquence, is certainly to be preferred to the sagest of the doctors “who spend their lives in such discussions. For which of their exquisite orations is so admirable as to be entitled to be preferred to a well-constituted government, public justice, and good customs? Certainly, just as [ think that magnificent and imperious cities (as Ennius says) are superior to castles and villages; so I imagine that those who regulate such cities by their counsel and authority are far preferable, with respect to real wisdom, to men who are unacquainted with any kind of political knowledge. And since we are strongly prompted to augment the prosperity of the human race,—and since we do endeavour by our counsels and exertions to render the life of man safer and wealthier,—and since we are incited to this blessing by the spur of nature -herself,—let us hold on that: course which has always been pursued by all the best men, and not listen for a moment to the signals of those who sound a retreat so loudly, that they sometimes call back even those who have made considerable progress.

III. These reasons, so certain and’so evident, are opposed by those who, ‘on the other side, argue that the labours which must necessarily be sustained in maintaining the Commonwealth, form but. a slight impediment, to the — and

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a q industrious, and are only a contemptible obstacle in such important affairs, and. even in common. studies, offices, and employments. They add, the peril of life, that base fear of death, which has ever been opposed by brave men, to whom it appears far more miserable to die by the decay of nature and old age, than to be allowed an opportunity of gallantly sacrificing that. life for then country, which must otherwise be yielded. up to nature. :

On this point, however, our antagonists: esteem themselves copious: and. eloquent when they collect all the calamities. of" heroic men, and the injuries inflicted: on. them: by their ungrateful countrymen. For on this subject they bring for~ ward those notable examples among the Greeks; and tell us that Miltiades, the vanquisher and .conqueror of the Persians, before even those wounds were healed which he had. received in that most: glorious vietory, wasted away in the chains: of his fellow-citizens that life which had been preserved from the weapons of the enemy. They cite Themistocles, expelled and proscribed by the country which he had rescued, and forced to flee, not to the Grecian ,ports which he had pre- — served, but to the bosom of the barbarous power which he had defeated. There is, indeed, no deficiency of examples to illustrate the levity and cruelty of the Athenians to their noblest citizens—examples which, originating and multiplying among them, are said at different times to have abounded in our own most august empire. For we are told, of the exile of Camillus, the disgrace of Ahala, the unpopularity of 'Nasica, the expulsion of Lenas,' the condemnation of Opimius, the flight of Metellus, the cruel destruction of Caius Marius, the massacre of our chieftains, and the many atrocious crimes which followed. My own history is by no means free from ‘such calamities; and I imagine, that when they recollect that by my counsel and perils they were preserved in life and liberty, they are led by that consideration to bewail my misfortunes more deeply and affectionately. But I cannot _? It is unnecessary to give an account of the other names here mentioned; but that of Lenas is probably less known. He was Publius Popillius Leenas, consul, B.c. 132, the year after the death of Tiberius Gracchus, and it became his duty to prosecute the accomplices of Gracchus, for which he was afterwards attacked by Caius Gracchus with such animosity, that he withdrew into voluntary exile. Cicero pays a tribute to the energy of Opimius, in the first’ Oration against Catiline, ¢. iii,’ tell why those who sail over the seas for the sake of knowledge and experience [should wonder at seeing still greater hazards braved in the service of the Commonwealth].

_ IV. [Since], on my quitting the consulship, I swore in the assembly of the Roman people, who re-echoed my words, that I had saved the Commonwealth, I console myself with this remembrance for all my cares, troubles, and injuries. Although my misfortune had more of honour than misfortune, and more of glory than disaster; and I derive greater pleasure from the regrets of good men than sorrow from the exultation ‘of the worthless. But even if it had happened otherwise, how could I have complained, as nothing befel me which was either unforeseen, or more painful than I expected, as a return for my illustrious actions? For I was one who, though it was in my power to reap more profit from leisure than most men, on account of the diversified sweetness of my studies, in which I had lived from boyhood,—or, if any public calamity had happened, to have borne no more than an equal share with the rest of my countrymen in the misfortune,—I nevertheless did not hesitate to. oppose myself to the most formidable tempests and torrents of sedition, for the sake of saving my countrymen, and at my own proper danger to secure the common safety of all the rest. For our country did not beget and educate us with the expectation of receiving no support, as I may call it, from us; nor for the purpose of consulting nothing but our convenience, to supply us with a secure refuge for idleness and a tranquil spot for rest ; but rather with a view of turning to her own advantage the nobler portion of our genius, heart, and counsel; giving us back for our private service only what she can spare from the public interests. :

VY. Those apologies, therefore, in which men take refuge as an excuse for their devoting themselves with more plausibility to mere inactivity, do certainly not deserve to be listened to. When, for instance, they tell us that those who meddle with public affairs are generally good-for-nothing men, with whom it is discreditable to be compared, and miserable and dangerous to contend, especially when the multitude is in an excited state. On which account, it is not the part of a wise man to take the reins, since he cannot restrain the insane and unregulated movements of the common people. Nor is it

N THE COMMONWEALTH. 289 becoming to a man of liberal birth, say they, thus to contend with such vile and unrefined antagonists, or to subject oneself ‘to the lashings of contumely, or to put oneself in the way of injuries which ought not to be borne by a wise man. As if to virtuous, brave, and magnanimous men there could be a juster reason for seeking the government than this,—to avoid being subjected to worthless men, and to prevent the com- ‘monwealth from being torn to pieces by them ; when, even if ‘they were then desirous to save her, they would not have the ‘power. °

VI. But this restriction who can approve, which would interdict the wise man from taking any share in the government beyond such as the occasion and necessity may compel him to? As if any greater necessity could possibly happen to any man than happened to me. In which, how could I have acted if I had not been consul at the time? and how could I have been a consul, unless I had maintained that course of life from my childhood which raised me from the order of knights, in which I was born, to the very highest station ? You cannot produce extempore, and just when you please, the power of assisting a commonwealth, although it may be severely pressed by dangers, unless you have attained the position which enables you legally to do so. And what most surprises me in the discourses of learned men is to hear those ‘persons, who confess themselves incapable of steering the vessel of the state in smooth seas, (which, indeed, they never learnt, and never cared to know,) profess themselves ready to assume the helm amid the fiercest tempests. For those men are accustomed to say openly, and indeed to boast greatly, that they have never learnt, and have never taken the least pains to explain, the principles of either establishing or maintain- ‘Ing a commonwealth ; and they look on this practical science as one which belongs not to men of learning and wisdom, but to those who have made it their especial study. How, ‘then, can it be reasonable for such men to promise their assistance to the state, when they shall be compelled to it by ‘necessity, while they are ignorant how to govern the republic ‘when no necessity presses upon it, which is a much more easy task? Indeed, though it were true that the wise man loves not to thrust himself of his own accord into the administration of public affairs, but that, if circumstances

DE NAT. ETC. U oblige him to it, then he does not refuse the office’; yet I think that this science of civil legislation should in nowise be neglected by the philosopher, because all resources ought to be ready to his hand, which he knows not how soon he may be called on to use. 5 cath : ; _ VIL. I have spoken thus at large for this reason, because in this work I have proposed to myself and undertaken a discussion on the government of a state; and in order to render it useful, | was bound in the first place to do away with this pusillanimous hesitation to mingle in public affairs. If there be any, therefore, who are too much influenced by the authority of the philosophers, let them consider the subject for a moment, and be guided by the opinions of those men whose authority and credit are greatest among learned men ; whom I look upon, though some of them have not personally governed any state, as men who have nevertheless discharged a kind of office in the republic, inasmuch as they have made many investigations into, and left many writings concerning, state affairs. As to those whom the Greeks entitle “ the seven wise men,” I find that they almost all lived in the middle of public business. Nor indeed is there anything in which human virtue can more closely resemble the divine powers, than in establishing new states, or in preserving those already established. : j2

VIII. And concerning these affairs, since it has been our | good fortune to achieve something worthy of memorial in the government of our country, and also to have acquired some facility of explaining the powers and resources of politics, we ean treat of this subject with the weight of personal experience and the habit of instruction and illustration. Whereas before us many have been skilful in theory, though no exploits of theirs are recorded ; and many others have been men of consideration in action, but unfamiliar with the arts of exposition. Nor indeed is it at all our intention to establish a new and self-invented system of government; but our purpose is rather to recal to memory a discussion of the most illustrious men of their age in our commonwealth, which you and I, in our youth, when at Smyrna, heard mentioned by Publius Rutilius Rufus, who reported to us a conference of many days, in which, in my opinion, there was nothing omitted that could throw light.on political.affairs saci a

_ IX. For when, in the year of the consulship of Tuditanus and Aquilius, Scipio Africanus, the son of Paulus Aimilius, formed the project of spending the Latin holidays at his country seat, where his most intimate friends had promised him frequent visits during this season of relaxation ; on the first morning of the festival, his nephew, Quintus Tubero, made his appearance ; and when Scipio had greeted him heartily and embraced him,—How is it, my dear Tubero, said he, that I see you so early? For these holidays must afford you a capital opportunity of pursuing your favourite studies. Ah! replied Tubero, 1 can study my books at any time, for they are always disengaged ; but it is a great privilege, my Scipio, to find you at leisure, especially in this restless period of public affairs. You certainly have found me so, said Scipio, but, to speak truth, I am rather relaxing from business than from study. Nay, said Tubero, you must try to relax from your studies too, for here are several of us,.as we have appointed, all ready, if it suits your convenience, to aid you in getting through this leisure time of yours. I am very willing to consent, answered Scipio, and we may be able to compare notes respecting the several topics that interest us. - _ X. Be itso, said Tubero; and since you invite me to discussion, and present the opportunity, let us first examine, before any one else arrives, what can be the nature of the parhelion, or double sun, which was mentioned in the senate. Those that affirm they witnessed this prodigy are neither few nor unworthy of credit, so that there is more reason for investigation than incredulity.’ : |

Ah! said Scipio, I wish we had our friend Pansetius with us, who is fond of investigating all things of this kind, but especially all celestial phenomena. As for my opinion, Tubero, for I always tell you just what I think, I hardly

' This phenomenon of the parhelion, or mock sun, which so puz zled Cicero’s interlocutors, has been very satisfactorily explained by modern science. The parhelia are formed by the reflection of the sunbeams on a cloud properly situated. ; They usually accompany the coronz or luminous circles, and are placed in the same circumference, and at the same height. Their colours resemble that of the rainbow ; the red and yellow are towards the side of the sun, and the blue and violet on the other. There are, however, coronze sometimes seen without parhelia, and vice versd. Pharhelia are double, triple, &c., and in 1629, a parhelion of five suns was seen at Rome, and another of six suns at Arles, 1666, or than 94 . bay ee U2 agree in these subjects with that friend of mine, since, respecting things of which we can scarcely form a conjecture as to their character, he is as positive as if he had seen them with his own eyes, and felt them with his own hands. And I cannot but the more admire the wisdom of Socrates, who discarded all anxiety respecting things of this kind, and affirmed that these inquiries concerning the secrets of nature were elther above the efforts of human reason, or were absolutely of no consequence at all to human life.

But then, my Africanus, replied Tubero, of what credit is the tradition which states that Socrates rejected all these physical investigations, and confined his whole attention to men and manners? For with respect to him, what better authority can we cite than Plato? in many passages of whose works, Socrates speaks in such a manner, that even when he is discussing morals, and virtues, and even public affairs and politics, he endeavours to interweave, after the fashion of Pythagoras, the doctrines of arithmetic, geometry, and harmonic proportions with them.

That is true, replied Scipio; but you are aware, I believe, that Plato, after the death of Socrates, was induced to visit Egypt by his love of science, and that after that he proceeded to Italy and Sicily, from his desire of understanding the Pythagorean dogmas ; that he conversed much with Archytas of T'arentum and Timeeus of Locris; that he collected the works of Philolaus; and that, finding in these places the renown of Pythagoras flourishing, he addicted himself exceedingly to the disciples of Pythagoras, and their studies; therefore, as he loved Socrates with his whole heart, and wished to attribute all great discoveries to him, he interwove the Socratic elegance and subtlety of eloquence, with somewhat of the obscurity of Pythagoras, and with that notorious gravity of his diversified arts. :

XI. When Scipio had spoken thus, he suddenly saw Lucius Furius approaching, and saluting him, and embracing him most affectionately, he gave him a seat on his own couch. And as soon as Publius Rutilius, the worthy reporter of the conference to us, had arrived, when he had saluted him, he placed him by the side of Tubero. Then said Furius, What is it that you are about ? Has our entrance at all interrupted any conversation of yours? By no means, said Scipio, for you yourself tco are in the habit of investigating carefully the subject which Tubero was a little before proposing to examine, and our friend Rutilius, even under the walls of Numantia, was in the habit at times of conversing with me on questions of the same kind, What, then, was the subject of your discussion? said Philus. We were talking, said Scipio, of the double suns that recently appeared, and I wish, Philus, to hear what you think of them.

XII, Justas he was speaking, a boy announced that Leelius was coming to call on him, and that he had already left his house. Then Scipio, putting on his sandals and robes, immediately went forth from his chamber, and when he had walked a little time in the portico, he met Lelius, and welcomed him and those that accompanied him, namely, Spurius Mummius, to whom he was greatly attached, and C. Fannius and Quintus Sceevola, sons-in-law of Leelius, two yery intelligent young men, and now of the queestorian age.’

When he had saluted them all he returned through the portico, placing Leelius in the middle; for there was in their friendship a sort of law of reciprocal courtesy, so that in the camp Lelius paid Scipio almost divine honours, on account of his eminent renown in war, and in private life; in his turn Scipio reverenced Leelius, even as a father, because he was older than himself,

Then after they had exchanged a few words, as they walked up and down, Scipio, to whom their visit was extremely welcome and agreeable, wished to assemble them in a sunny corner of the gardens, because it was still winter ; and when they had agreed to this, there came in another friend, a learned man, much beloved and esteemed by all of them, M. Manilius, who, after having been most warmly welcomed by Scipio and the rest, seated himself next to Leelius.

XIII. Then Philus, commencing the conversation, said—It does not appear to me that the presence of our new guests need alter the subject of our discussion, but only that it should induce us to treat it more philosophically, and in a manner more worthy of our increased audience. What da you allude to? said Lelius; or what was the discussion we broke in upon? Scipio was asking me, replied Philus, what

’ There is a litile uncertainty as to what this age was; but it was probably about twenty-five,

I thought of the parhelion, or mock sun, whose recent apparition was so strongly attested.

- Lelius.~Do you say then, my Philus, that we have sufficiently examined those questions which concern our own houses and ‘thé Commonwealth, that we begin to ve the celestial mysteries?

. And Philus replied—Do you think, then, that it does not concern our houses to know what happens in that vast home, which is not included in walls of human fabrication, but which embraces the entire universe—a home which the Gods share with us, as the common country of all intelligent beings? Especially when, if we are ignorant of these things, there are also many great practical truths which result from them, and which bear directly on the welfare of our race, of which we must be also ignorant. And here I can speak for myself, as well as for you, Leelius, and all men who are ambitious of wisdom, that the knowledge and con-+ Sideration of the facts of nature are by themselves very delightful.

Leelius —I have no objection to the discussion, especially as it is holiday time with us. But cannot we have the pleasure of hearing you resume it, or are we come too late ? , ~ -Philus.—We have not yet commenced the discussion, and since the question remains entire and ‘unbroken, I shall have the greatest pleasure, my Leelius, in handing over the argument to you.

Lelius—No, I had much rather hear you, unless, indeed, Manilius thinks himself able to compromise the suit ‘between the two suns, that they may possess heaven as joint sovereigns without intruding on each other's empire.

Then Manilius said—Are you going, Lzlius, to ridicule a science in which, in the first place, I myself excel ; and secondly, without which no one can distinguish what is his own, and what is another’s? But to return to the point. Let us nowat present listen to Philus, who seems to me to have started a greater . question than any of those that have engaged the attention of either Publius Mucius or myself.

XIV. Then Philus said—I am not about to bring you anything new, or anything which has been ‘thought over or discovered by me myself. But I recollect that Caius Sulpicius Gallus, who-was a man of profound learning, as you axe aware, when this same thing was reported to’ have taken place in his time, while he was staying in the house-of Marcus. Marcellus, who had been his colleague in the consulship, asked to see a celestial globe, which Marcellus’s grandfather had saved after the capture of Syracuse, from that magnificent and opulent city, without bringing to his own home any other memorial out of so great a booty; which I had often heard mentioned’ on account of the great fame of Archimedes ; but its appearance, however, did not seem to me particularly striking. For that other is more elegant in form, and , more generally known, which was made by the same Archimedes, and deposited by the same Marcellus in the Temple of Virtue at Rome. But as soon as Gallus had begun to explain, in a most scientific manner, the principle of this machine, T felt that the Sicilian geometrician must have possessed a genius superior to anything we usually conceive to belong to eur nature. For Gallus assured us that that other solid and compact globe was a very ancient invention, and that the first model had been originally made by Thales of Miletus. That afterwards Eudoxus of Cnidus, a disciple of Plato, had traced on its surface the stars that appear in the sky, and that many years subsequently, borrowing from Hudoxus this beautiful design and representation, Aratus had illustrated it in his verses, not by any science of astronomy, but by the ornament of poetic description. He added, that the figure of the globe, which displayed the motions of the sun and moon, and the five planets, or wandering. stars, — could not be represented by the primitive solid globe; and that in this, the invention of Archimedes was admirable, because he had calculated how a single revolution should maintain unequal and diversified progressions in dissimilar motions. In fact, when Gallus moved this globe, we observed that the moon succeeded the sun by as many turns of the wheel in the: machine, as days in the heavens. From whence it resulted, that the progress of the sun was marked as in the heavens, and that the moon touched the point where she is obscured by the earth’s shadow at the instant the sun appears opposite.’ * — * . di y

1 Cicero here gives a very exact and correct account of the planetarium of Archimedes, which is so often noticed by the ancient astronomers. It no doubt corresponded ina great measure to our modern Planetarium

XV. * **} Thad myself a great affection for this Gallus, . and I know that he was very much beloved and esteemed by my father Paulus. I recollect that when I was very young, when my father, as consul, commanded in Macedonia, and ; we were in the camp, our army was seized with a pious terror, because suddenly, in a clear night, the bright and full, moon became eclipsed. And Gallus, who was then our lieu-, tenant, the year before that in which he was elected consul, hesitated not, next morning, to state in the camp that it was no prodigy, and that the phenomenon which had then appeared would always appear at certain periods, when the sun. was so placed that he could not affect the moon with his light, _ But do you mean, said Tubero, that he dared to speak thus to men almost entirely uneducated and ignorant ?

- Seypio.—He did, and with great * * * for his opinion was no result of insolent ostentation, nor was his language. unbecoming the dignity of so wise a man,—indeed, he per-. formed a very noble action in thus freeing his countrymen. from the terrors of an idle superstition. |

XVI. And they relate that in a similar way, in the great war in which the Athenians and Lacedeemonians contended. with such violent resentment, the famous Pericles, the first, man of his country in credit, eloquence, and political genius, observing the Athenians overwhelmed with an excessive alarm, during an eclipse of the sun, which caused a sudden darkness, told them what he had learned in the school of Anaxagoras,—that these phenomena necessarily happened at precise and regular periods when the body of the moon was interposed between the sun and the earth, and that if they happened not before every new moon, still they could not possibly happen except at the exact time of the new moon, And when he had proved this truth by his reasonings, he freed the people from their alarms ; for, at that period, the doctrine was new and unfamiliar, that the sun was accustomed to be eclipsed by the interposition of the moon, which or Orrery, invented by ‘the earl of that name. This elaborate machine, whose manufacture requires the most exact and critical science, is of the greatest service to those who study the revolutions of the stars, for astronomic, astrologic, or meteorologic purposes.

_ 1 The end of the fourteenth chapter and the first words of the fifteenth are lost; but it is plain thatin the fifteenth it is Scipio who is speaking.

fact they say that Thales of Miletus was the first to discover. Afterwards my friend Ennius appears to have been acquainted with the same theory, who, writing about 350' years after the foundation of Rome, says, “ In the nones of June the sun was covered by the moon and night.” The calculations in the astronomical art have attained such perfection, that from that day, thus described to us by Ennius, and recorded in the pontifical registers, the anterior eclipses of the sun have been computed as far back as the nones of July in the reign of Romulus, when that eclipse took place, in the obscurity of which it was affirmed that Virtue bore Romulus to heaven, in spite of the perishable nature which carried him off by the common fate of humanity.

. XVII. Then said Tubero—Do not /you think, Scipio, that this astronomical science, which every day proves so useful, just now appeared in a different light to you,” % * which the rest may see. Moreover, whofcan think anything in human affairs of brilliant importance, who has penetrated this starry empire of the gods? or, who can think anything connected with mankind leng, who has learnt to estimate the nature of eternity? or glorious, who is aware of the insignificance of the size of the earth, even in its whole extent, and especially in the portion which men inhabit? and when we consider: that almost imperceptible point which we ourselves occupy, unknown to the majority of nations, can we still hope that our name and reputation can be widely circulated? And then our estates and edifices, our cattle, and the enormous treasures of our gold and silver, can they be esteemed. or denominated as desirable goods by him who observes their perishable profit, and their contemptible use, and their uncertain domination, often falling into the possession of the very: worst men? How happy then ought we to esteem that man, who alone has it in his power, not by the law of the Romans, but by the privilege of philosophers, to enjoy all things as his own ; not by any civil bond, but by the common right of nature, which denies that anything can really be possessed,

1 There is evidently some error in the text here, for Ennius was born A.v.c. 515, was a personal friend of the elder Africanus, and died about’ 575 a.v.c., so that it is plain that we ought to read in the text 550, not 350. - 2 Two pages are lost here. Afterwards it is again Scipio who is speaking. j by any one but him who understands its true nature and use ; who reckons our dictatorships and consulships.rather in the rank of necessary offices than desirable employments, and thinks they must be endured.rather as acquittances of our debt to our country, than sought for the sake of emolument or glory,—the man, in short, who can apply to himself the sentence which Cato tells us my ancestor Africanus loved to repeat, “ that he was never so busy as when ‘he did nothing, and never less solitary than when alone.” . a

For who can believe that Dionysius, when after every possible effort he ravished from his fellow-citizens their liberty, had performed a nobler work than Archimedes, when, without appearing to be doing anything, he manufactured the globe which we have just been describing? Who does not see that those men are in reality more solitary, who, in the midst of a crowd, find no one with whom they can. converse’ congenially, than those who, without witnesses, . hold communion with themselves, and enter into the secret counsels of the sagest philosophers, while they delight themselves in their writings and discoveries? And who would think any one richer than the man who is in want of nothing which nature requires ; or more powerful than he who hag attained all that she has need of; or happier than he who is free from all mental perturbation; or more secure in future than he who carries all his property in himself, which is thus: secured from shipwreck? And what power, what magistracy, what royalty can be preferred to a wisdom which, looking down on all terrestrial objects as low and transitory things, incessantly directs its attention to eternal and immutable verities, and which is persuaded that though others are called men, none are really so but those who are refined by the appropriate acts of humanity ? . In this sense an expression of Plato, or some other philosopher, appears to me exceedingly elegant ; who, when a tempest had driven his ship on an unknown country and a desolate shore, during the alarms with which their ignorance of the region inspired his companions, observed, they say, geometrical figures traced in the sand, on which he immediately told them to be of good cheer, for he had observed the indications of Man. A conjecture he deduced, not from the cultivation of the soil which he beheld, but from the symbols of science. For this reason, Tubero, learning and learned men, and these your favourite studies, have always particularly pleased me.

XVIII. Then Leelius replied—I cannot venture, Scipio, to answer your arguments, or to [maintain the discussion. neeemer against] you, Philus, or Manilius.’

We had a friend in Tubero’s father’s titty, sho 3 in shele respects may serve him as a model.

Sextus so wise, and ever on his guard.

Wise and cautious indeed he was, as Ennius justly describes him—not because he searched for what he could never find, but because he knew how to answer those who prayed for deliverance from cares and difficulties. It is he who, reasoning against the astronomical studies of Gallus, used gas ot ¥0 repeat these words of Achilles in the Iphigenia : oo

They note the astrologic signs of heaven, —

Whene’er the goats or scorpions of great Jove,

Or other monstrous names of brutal forms,

_ Rise in the zodiac ; but.not one regards

The sensible facts of earth, on which we tread,

While gazing on the starry prodigies. - He used, however, to say (and I have often listened to him with pleasure), that for his part he thought that Zethus, in the piece of Pacuvius, was too inimical to learning. He much preferred the N eoptolemus of Ennius, who professes himself desirous of philosophizing, only in moderation ; for that he did not think it right to be wholly devoted to it. But though the studies of the Greeks have so many charms for you, there are others, perhaps, nobler and more extensive, which we may be better able to apply to the service of real life, and even to political affairs. As to these abstract sciences, their utility, if they possess any, lies principally in exciting and stimulating the abilities of youth, so that they more easily acquire more important accomplishments.

XIX. Then Tubero said—I do not mean to disagree with you, Lelius; but pray, what do you call more important studies? |

Leelius.—I will tell you, frankly, though bet hApe you will

* Two pages are lost here. 2 Both Ennius and Neevius wrote tragedies called “ Iphigenia.” Mai thinks the text here corrupt, and ay yi some doubt whether there is % Bs een here at all. :

think lightly of my opinion, since you appeared so eager in interrogating Scipio respecting the celestial phenomena; but I happen to think that those things which are every day before our eyes, are more particularly deserving of our attention. Why should the child of Paulus Amilius, the nephew of Aimilius, the descendant of such a noble family and so glorious a Republic, inquire how there can be two suns in heaven, and not ask how there can be two senates in one Commonwealth, and, as it were, two distinct peoples? For, as you see, the death of Tiberius Gracchus, and the whole system of his tribuneship, has divided one people into two parties. But the slanderers and the enemies of Scipio, encouraged by P. Crassus and Appius Claudius, maintained, after the death of these two chiefs, a division of nearly half the senate, under the influence of Metellus and Mucius. Nor would they permit the man' who alone could have been of service, to help us out of our difficulties during the movement of the Latins and their allies towards rebellion, violating all our treaties in the presence of factious triumvirs, and creating every day some fresh intrigue, to the disturbance of the worthier and. wealthier citizens.—This is the reason, young men, if you will listen to me, why you should regard this new sun with less alarm; for, whether it does exist, or whether it does not, exist, it is, as you see, quite harmless to us, As to the manner of its existence, we can know little or nothing; and even if we obtained the most perfect understanding of it, this knowledge would make us but little wiser or happier. But that there should exist a united people and a united senate, is a thing which actually may be brought about, and it will be a great evil if it is not,—and that it does not exist at present we are aware ; and we see that if it can be effected, our lives will be both better and happier.

XX. Then Mucius said—What, then, do you consider, my Leelius, should be our best arguments, in endeavouring to bring about the object of your wishes ?

Leelius.—Those sciences and arts which teach us how we may be most useful to the state; for I consider that the most glorious office of wisdom, and the noblest proof and business of virtue. In order, therefore, that we may consecrate these holidays as much as possible to conversations : 1 He mcans Scipio himself.

which may be profitable to the Commonwealth, let us beg Scipio to explain to us what in his estimation appears to be the best form of government. ‘Then let us pass on to other points, the knowledge of which may lead us, as I hope, to sound political views, and unfold the causes of the dangers which now threaten us.

XXI. When Philus, Manilius, and Sicinneibiod had all ant pressed. agape great approbation of this idea) * * 4

* TI have ventured [to open our discussion] in this way, not only because it is but just that on state politics the chief man in the state should be the principal speaker, but also because I recollect that you, Scipio, were formerly very much in the habit of conversing with Paneetius and Polybius, two Greeks, exceedingly learned in political questions, and that you are master of many arguments by which you prove that by far the best condition of government is that which our ancestors have handed down to us. And as you, therefore, are familiar with this subject, if you will explain to us your views respecting the general principles of a state, (I speak for my friends as well as myself,) we shall feel exceedingly obliged to you.

XXII. Then Scipio said—I must acknowledge that there is no subject of meditation to which my mind naturally turns with more ardour and intensity than this very one which Leelius has proposed to us. And indeed, as I see that in every profession, every artist who would distinguish himself, thinks of, and aims at, and labours for no other object but that of attaining perfection in his art,—should not I, whose main business, according to the example of my father and my ancestors, is the advancement and right administration of government, be confessing myself more indolent than any common mechanic, if I were to bestow on this noblest of sciences less attention and labour*than they devote to their insignificant trades? However, I am neither entirely satisfied with the decisions which the greatest and wisest men of Greece have left us ; nor, on the other hand, do I venture to prefer my own opinions to theirs. Therefore, I must request you not to consider me either entirely ignorant of the Grecian literature, nor yet disposed, especially in political questions, to yield it the preeminence over our own; but rather to

1 There is again a hiatus. What follows is spilien by Leelius.

regard me as a true-born Roman, not illiberally instructed by the care of my father, and inflamed with the desire of knowledge, even from my boyhood, but still even more familiar with domestic precepts and practices than the literature of books.

XXIII. On this Philus said—I have no doubt, my Scipio, that no one is superior to you in natural genius, and that you are very far superior to every one in the practical experience of national government and of important business. We are also acquainted with the course which your studies have at all times taken ; and if, as you say, you have given so much attention to this science and art of politics, we cannot be too much obliged to Leelius for introducing the subject: for I trust that what we shall hear from you will be far more useful and available than all the writings put together which the Greeks have written for us.

. Then Scipio replied—You are raising a very high expectation of my discourse, such as is a most oppressive burden to a@ man who is required to discuss grave subjects.

And Philus said—Although that may be a difficulty, my Scipio, still you will be sure to conquer it, as you always do; nor is there any danger of eloquence failing you, when you begin to speak on the affairs of a commonwealth.

XXIV. Then Scipio proceeded—I will do what you wish, as far as I can; and I shall enter into the discussion under favour of that rule which, I think, should be adopted by all persons in disputations of this kind, if they wish to avoid being misunderstood ; namely, that when men have agreed respecting the proper name of the matter under discussion, it should be stated what that name exactly means, and what it legitimately includes. And when that point is settled, then it is fit to enter on the discussion ; for it will never be possible to arrive at an undérstanding of what the character of the subject of the discussion is, unless one first understands exactly what it is. Since, then, our investigations relate to a commonwealth, we must first examine what this name pro- — perly signifies.

And when Leelius had intimated his approbation of this course, Scipio continued :—

I shall not adopt, said. he, in so ) clear and simple a manner that system of discussion which goes back to first principles ;

as learned men often do in this sort of diseussion, so as to go back to the first meeting of male and female, and then to the first birth and formation of the first family, and define over and over again what there is in words, and in how many manners each thing is stated. For, as I am speaking to men of prudence, who have acted with the greatest glory in the commonwealth, both in peace and war, I will take care not to allow the subject of the discussion itself to be clearer than my explanation of it. Nor have I undertaken this task with the design of examining all its minuter points, like a schoolmaster; nor will I promise you in the following discourse not to omit any single particular. | _ Then Leelius said—For my part, Iam impatient for exactly that kind of disquisition which you promise us. -XXY. Well, then, said Africanus, a commonwealth is a constitution of the entire people. But the people is not every association of men, however congregated, but the association of the entire number, bound together by the compact of justice, and the communication of utility. The first cause of this association is not so much the weakness of man, as a certain spirit of congregation which naturally belongs to him, For the human race is not a race of isolated individuals, wandering and solitary; but it is so constituted, that even in the affluence of all things, [and without any need of reciprocal assistance, it spontaneously seeks society]. | XXVI. [It is necessary to presuppose] these original seeds, as it were, since we cannot discover any primary establishment of the other virtues, or even of a commonwealth itself. These unions, then, formed by the principle which I have mentioned, established their head-quarters originally in certain central positions, for the convenience of the whole population ; and having fortified them by natural and _ artificial means, they called this collection of houses a city or town, distinguished by temples and public squares. Every people, therefore, which consists of such an association of the entire multitude as I have described,—every city which consists of an assemblage of the people,—and every commonwealth which embraces every member of these associations,—must be regulated by a certain authority, in order to be permanent. ; 7 :

This intelligent authority should always refer itself to that

’ grand first principle which established the commonwealth. It must be deposited in the hands of one supreme person, or entrusted to the administration of certain delegated rulers, or undertaken by the whole multitude. When the direction of all depends on one person, we call this individual a king ; and this form of political constitution, a kingdom. When it is in the power of privileged delegates, the state is said to be ruled by an aristocracy ; and when the people are all in all, they call it a democracy, or popular constitution. And if the tie of social affection, which originally united men in political associations for the sake of public interest, maintains its force, each of these forms of government is, I will not say ‘perfect, nor, in my opinion, essentially good, but tolerable, and such that one may accidentally be better than another : either a just and wise king, or a selection of the most eminent citizens, or even the populace itself (though this is the least commendable form), may, if there be no interference of crime and cupidity, form a constitution sufficiently secure.

XXVII. But in a monarchy, the other members of the state are often too much deprived of public counsel and jurisdiction ; and under the rule of an aristocracy, the multitude can hardly possess its due share of liberty, since it is allowed no share in the public deliberation, and no power. And when all things are carried by a democracy, although it be just and moderate, yet its very equality is a culpable Jevelling, inasmuch as it allows no gradations of rank. Therefore, even if Cyrus, the king of the Persians, was a most axighteous and wise monarch, I should still think that the interest of the people (for this-is, as I have said before, the same as the commonwealth) could not be very effectually promoted when all things depended on the beck and nod of one individual. And though at present the people of Marseilles, our clients, are governed with the greatest justice by elected magistrates of the highest rank, still there is always in this condition of the people a certain appearance of servi- ‘tude; and when the Athenians, at a certain period, having demolished their Areopagus, conducted all public affairs by the acts and decrees of the democracy alone, their state, as it no longer contained a distinct gradation of ranks, was no longer able to retain its original fair appearance. |

XXVIIL I have reasoned thus on the three forms of

\ government, not looking on them in their “disorganized and confused conditions, but in their proper and regular administration. These three particular fornis, however, contained in themselves, from the first, the faults and defects I have mentioned; but they have also other dangerous vices, for there is not one of these three forms of government which has not a precipitous and slippery passage down to some proximate abuse. For, after thinking of that endurable, or, as you will have it, most amiable king, Cyrus,—to name him in preference to any one else,—then, to produce a change in our minds, we behold the barbarous Phalaris, that model of tyranny, to which the monarchical authority is easily abused by a facile and natural inclination. And, in like manner, alongside of the wise aristocracy of Marseilles, we might exhibit the oligarchical faction of the thirty tyrants, which once existed at Athens. And, not to seek for other instances, among the same Athenians, we can show you, that when unlimited power was cast into the hands of the people, it inflamed the fury of the multitude, and aggravated that universal licence which ruined their state. ? t ‘ 9

XXIX. The worst condition of things sometimes results from a confusion of those factious tyrannies into which kings, aristocrats, and democrats are apt to degenerate. For thus, from these diverse elements, there occasionally arises (as I have said before) a new kind of government. And wonderful indeed are the revolutions and periodical returns in natural constitutions of such alternations and vicissitudes ; which it is the part of the wise politician to investigate with the closest attention. But to calculate their approach, and to join to this foresight the skill which moderates the course of events, and retains in a steady hand the reins of that authority which safely conducts the people through all the dangers to which they expose themselves, is the work of a most illustrious citizen, and of almost divine genius.

There is a fourth kind of government, therefore, which, in my opinion, is preferable to all these: it is that mixed and moderate government, which is composed of the three particular forms which I have already noticed.

XXX. Lelius.—I am not ignorant, Scipio, that such is your opinion, for I have often heard you say so. But I do

| 1 Again two pages are lost. DE NAT. ETC x not the less desire, if it is not giving you too much trouble; to hear which you consider the best of these three forms of commonwealths. For it may be of some use in considering * * * * % * % XXXII. * * * And each commonwealth corresponds to the nature and will of him who governs it. Therefore, in no other constitution than that in which the people exercise sovereign power has liberty any sure abode, than which there certainly is no more desirable blessing. And if it be not equally established for every one, it is not even liberty at all. And how can there be this character of equality, I do not say under a monarchy, where slavery is least disguised or doubtful, but even in those constitutions in which the people are free indeed in words, for they give their suffrages, they: elect officers, they are canvassed and solicited for magistracies; but yet they only grant those things which they are obliged to grant whether they will or not, and which are not really in their free power, though others ask them for them ? For they are not themselves admitted to the government, to the exercise of public authority, or to offices of select judges, which are permitted to those only of ancient families and large fortunes. But in a free people, as among the Rhodians -and Athenians, there is no citizen who? Chics, Om * XXXII. * * * No sooner is one man, or several, elevated by wealth and power, than they say that * * * _arise from their pride and arrogance, when the idle and the timid give way, and bow down to the insolence of riches. But if the people knew how to maintain its rights, then they say that nothing could be more glorious and prosperous than democracy ; inasmuch as they themselves would be the ‘sovereign dispensers of laws, judgments, war, peace, public treaties, and finally of the fortune and life of each individual citizen ; and this condition of things is the only one which, in their opinion, can be really called a commonwealth, that is to say, a constitution of the people. It is on this principle that, according to them, a people often vindicates its liberty from the domination of kings and nobles, while, on the other hand, kings are not sought for among free peoples, nor are the power and wealth of aristocracies. ‘They deny, more-

1 Again two pages are lost. It is evident that Scipio is speaking » again in cap. xxxi, x * Again two pages are lost.

over, that it is fair to reject this general ponstitution of freemen, on account of the vices of the unbridled populace ; but that if the people-be united and inclined, and directs all its efforts to the safety and freedom of the community, nothing can be stronger or more unchangeable; and they assert that this necessary union is easily obtained in a republic so constituted, that the good of all classes is the same; while the conflicting interests that prevail in other constitutions inevitably produce dissensions; therefore, say they, when the senate had the ascendancy, the republic had — no stability ; and when kings possess the power, this blessing is still more rare, since, as Ennius expresses it—

In_kingdoms there’s no faith, and little love.

Wherefore, since the law is the bond of civil society, and the justice of the law equal, by what rule can the association of citizens be held together, if the condition of the citizens be not equal? For if the fortunes of men cannot be reduced to this equality—if genius cannot be equally the property of all —rights, at least, should be equal, among those who are citizens of the same republic. For what is a republic, but an association of rights ?’ * * * * ~ XXXII. But as to the other political constitutions, these democratical advocates do not think they are worthy of being distinguished by the name which they claim. For why, say they, should we apply the name of king, the title of Jupiter the Beneficent, and not rather the title of tyrant, to a man ambitious of sole authority and power, lording it over a degraded multitude? For a tyrant may be as merciful as a king may be oppressive; so that the whole difference to the people is, whether they serve an indulgent master or a cruel one, since serve some one they must. But how could Sparta, at the period of the boasted superiority of her political institution, obtain a constant enjoyment of just and virtuous kings, when they necessarily received an hereditary monarch, good, bad, or indifferent, because he happened to be of the blood royal ? As to aristocrats, Who will endure, say they, that men should distinguish themselves by such a title, and that not by the voice of the people, but by their

1 Again two pages are lost.

own votes? For how is such an one judged to be best either in learning, sciences, or arts?! = * # *

XXXIV. * * * If it does so by hap-hazard, it will be as easily upset as a vessel, if the pilot were chosen by lot from among the passengers. But if a people, being free, chooses those to whom it can trust itself—and, if it desires its own preservation, it will always choose the noblest—then certainly it is in the counsels of the aristocracy that the safety of the state consists, especially as nature has not only appointed that these superior men should excel the inferior sort in high virtue and courage, but has inspired the people also with the desire of obedience towards these, their natural lords, But they say this aristocratical state is destroyed by the depraved opinions of men, who, through ignorance of virtue, (which, as it belongs to few, can be discerned and appreciated by few,) imagine that not only rich and powerful men, but also those who are nobly born, are necessarily the best. And so when, through this popular error, the riches, and not the virtue of a few men, has taken possession of the state, these chiefs obstinately retain the title of nobles though they want the essence of nobility. For riches, fame, and power, without wisdom, and a just method of regulating ourselves and commanding others, are full of discredit and insolent arrogance ; nor is there any kind of government more deformed than that in which the wealthiest are regarded as the noblest.

But when virtue governs the commonwealth, what can be more glorious? When he who commands the rest is himself enslaved by no lust or passion—when he himself exhibits all the virtues to which he incites and educates the citizens— when he imposes no law on the people which he does not himself observe, but presents his life as a living law to his fellow-countrymen ; if a single individual could thus suffice for all, there would be no need of more; and if the community could find a chief ruler thus worthy of all their suffrages, none would require elected magistrates.

It was the difficulty of forming plans, which transferred the government from a king into the hands of many ; and the error and temerity of the people likewise transferred it from the hands of the many into those of the few. Thus, between the weakness of the monarch, and the rashness of

Here four pages are lost, the multitude, the aristocrats have occupied’ the middle place, than which nothing can be better arranged ; and while they superintend the public interest, the people necessarily enjoy the greatest possible prosperity, being free from all care and anxiety, having entrusted their security to others, who ought sedulously to defend it, and not allow the people to suspect that their advantage is neglected by their rulers,

For as to that equality of rights which democracies so loudly boast of, it can never be maintained; for the people themselves, so dissolute and so unbridled, are always inclined to flatter a number of demagogues; and there is in them a very great partiality for certain men and dignities, so that their equality, so called, becomes most unfair and iniquitous, ¥or as equal honour is given to the most noble and the most infamous, some of whom must exist in every state, then the equity which they eulogise becomes most inequitable,—an evil which never can happen in those states which are governed by aristocracies. These reasonings, my Leelius, and some others of the same kind, are usually brought forward by those that so highly extol this form of political constitution.

XXXV. Then Leelius said—But you have not told us, Scipio, which of these three forms of government you yourself most approve,

Scipio.—You are right to shape your question, which of’ the three I most approve, for there is not one of them which { approve at all by itself, since, as I told you, I prefer that government which is mixed and composed of all these forms, to any one of them taken separately. But if I must confine myself to one of these particular forms simply and exclusively, I must confess I prefer the royal one, and praise that as the first and best. In this, which I here choose to call the primitive form of government, I find the title of’ father attached to that of king, to express that he watches over the citizens as over his children, and endeavours rather to preserve them in freedom than reduce them to slavery. | So that it is more advantageous for those who are insignificant in property and capacity to be supported by the care of. one excellent and eminently powerful man, The nobles here present themselves, who profess that they can do all this in much better style ; for they say that there is much more wisdom in many than in one, and at least as much faith and equity. And, last of all, come the people, who cry with a loud voice, that they will render obedience neither to the one nor the few; that even to brute beasts nothing is so dear as liberty ; and that all men who serve either kings or nobles © are deprived of it. Thus, the kings attract us by affection, the nobles by talent, the people by liberty; and in the comparison it is hard to choose the best.

Lelius.—I think so too, but yet it is impossible to despatch the other branches of the question, if you leave this primary point undetermined.

XXXVI. Scipio.—We must then, I suppose, imitate Aratus, who, when he prepared himself to treat of great things, thought himself in duty bound to begin with Jupiter.

Lelius.—Wherefore Jupiter? and what is there in this discussion which resembles that poem ? ~ Scipio.— Why, it serves to teach us that we cannot better commence our investigations than by invoking him, whom, with one voice, both learned and. unlearned extol: as the universal king of all gods and men.

How so? said Leelius.

Do you, then, asked Scipio, believe in nothing which is not before your eyes? whether these ideas have been established by the chiefs of states for the benefit of society, that there might. be believed to exist one Universal Monarch in heaven, at whose nod (as Homer expresses it) all Olympus trembles, and that he might be accounted both king and father of all creatures ; for there is great authority, and there are many witnesses, ‘if you choose to call all many, who attest that all nations have unanimously recognised, by the decrees of their chiefs, that nothing is better than a king, since they think that all the gods are governed by the divine power of one sovereign; or if we suspect that this opinion rests on the error of the ignorant, and should be classed among the fables, let us listen to those universal testimonies of erudite men, who have, as it were, seen with their eyes those things to the knowledge of which we can hardly attain by report. ~ What men do you mean? said Leelius.

Those, replied Scipio, who, by the investigation of nature, have arrived at the opinion that the pre universe [is anis rome - a _— Mind? yaa voRh uk) VA |

| ' Here four pages are Yet PMs AS td

_XXXVII. But if you please, my Leclius, I will bring ated evidences, which are neither too’ ancient, nor in any respect barbarous.

Those, said Leelius, are what I want.

Scipio.—You are aware, that it is now not four centuries ‘since this city of ours has been without kings. Leelius.—You are correct, it is less than four centuries.

Scipio.—Well, then, what are four centuries in the age of ‘a state or city; is ita ‘long time ?

Lelius.—It hardly amounts to the age of maturity.

Scipio.— You say truly, and yet not four centuries have elapsed since there was a king in Rome.

Lelius.— And he was a proud king.

Scipio.—But who was his predecessor ?

Leelius—He was an admirably just one; and, indeed, we must bestow the same praise on all his predecessors, as far back as Romulus, who reigned about six centuries ago,

Scypio.—Even he, then, is not very ancient. :

Lelius.—No, he reioned when Greece was already becoming old.

Scipio. —Agreed. Was Romulus, then, think you, king of a barbarous people ?

Leelius.— Why, as to that, if we were to follow the example of the Greeks, who say that all people are either Greeks or barbarians, I am afraid that we must confess that he was a king of barbarians; but if this name belongs rather to manners than to languages, then I believe the Greeks were just as barbarous as the Romans.

Then Scipio said—But with respect to the present question, we do not so much need to inquire into the nation as into the disposition. For if intelligent men, at a period so little remote, desired the government of kings, you will confess that | am producing authorities that are neither antiquated, rude, nor insignificant.

XXXVIII. Then Lelius said—I see, Scipio, that you are: very sufficiently provided with authorities; but with me, as. with every fair judge, authorities are worth less than ar guments.

Scipio replied—Then, Leelius, you shall yourself make use of an argument derived from your own senses.

. Leelius.—What senses do you mean?

Scipio.—The feelings which you experience when at any time you happen to feel angry with any one.

_ Lelius.—That happens rather oftener than I could wish.

Scipio.—Well, then, when you are angry, do you permit your anger to triumph over your judgment ?

No, by Hercules! said Leelius, I imitate the famous Archytas of Tarentum, who, when he came to his villa, and found all its arrangements were contrary to his orders, said to his steward—é Ah! you unlucky scoundrel, I would flog you to death, if it were not that I am in a rage with you.’

Capital, said Scipio. Archytas, then, regarded unreasonable anger as a kind of sedition and rebellion of nature, which he sought to appease by reflection. And so, if we examine avarice, the ambition of power or of glory, or the lusts of concupiscence and licentiousness, we shall find a certain conscience in the mind of man, which, like a king, sways by the force of counsel all the inferior faculties and propensities ; and this, in truth, is the noblest portion of our nature; for when conscience reigns, it allows no resting place to lust, violence, or temerity.

Lelius.—You have spoken the truth.

Scipto.—Well then, does a mind thus governed and regulated meet your approbation ?

Leelius.—More than anything upon earth.

Scipio. — Then you would not approve that the evil passions, which are innumerable, should expel conscience, and that lusts and animal propensities should assume an ascendancy over us?

Lelius.— For my part, I can conceive nothing more wretched than a mind thus degraded, or a man animated by a soul so licentious.

Scipio.—You desire, then, that all the faculties of the mind should submit to a ruling power, and that conscience should reign over them all ?

Lelius.—Certainly, that is my wish. .

Scipio.—How then can you doubt what opinion to form on the subject of the commonwealth? in which, if the state is thrown into many hands, it is very plain that there will be no presiding authority : for if power be not united, it soon comes to nothing.

XXXIX. Then Lealius asked— But what difference i is there,

I should like to know, between the ones and the many, if justice exists equally in many 4

And Scipio said—Since I see, my Leelius, that the authorities I have adduced have no great influence on you, I must continue to employ you yourself as my witness in proof of what I am saying.

In what way, said Leelius, are you going to make me again support your argument ?

Scipio.—Why thus. I recollect when we were ite; at, Formie, that you told your servants repeatedly to obey the orders of more than one master only.

Leelius.—To be sure, those of my steward.

Scipio.—What do you at home? do you commit your affairs to the hands of many persons ?

Leelius.—No, I trust them to myself alone.

Serpio.—Well, in your whole establishment, is there any other master but yourself?

Lelius.—N ot one.

Scipio.—Then I think you must grant me that as respects the state, the government of single individuals, provided they are just, is superior to any other.

Lelius.—You have conducted me to this conclusion, and I entertain very nearly that opinion.

XL. And Scipio said—You would still further agree with me, my Leelius, if, omitting the common comparisons, that one pilot is better fitted to steer a ship, and a physician to treat an invalid, provided they be competent men in their respective professions, than many could be, I should come at once to more illustrious examples,

Lelius.—What examples do you mean?

_ Scipio.—Do not you observe that it was the cruelty and pride of one single Tarquin only, that made the title of ring unpopular among the Romans?

Lelius.—Yes, I acknowledge that,

Scipio.—You are also aware of this fact, on which I think I shall debate in the course of the coming discussion, that after the expulsion of King Tarquin, the people was transported by a wonderful excess of liberty. Then, innocent men were driven into banishment ; then the estates of many individuals were pillaged, consulships were made annual, public authorities were overawed by mobs, popular appeals took

-place in all cases imaginable; then secessions of the lower orders ensued ; and lastly, those proceedings which tended to ‘place all powers in the hands of the populace.

Leelius.—1 must confess this is all too true.

All these things now, said Scipio, happened during periods of peace and tranquillity, for licence is wont to prevail when ‘there is little to fear, as in a calm voyage, or a trifling disease. But as we observe the voyager and the invalid implore the aid of some one competent director, as soon as the sea grows stormy and the disease alarming ; so our nation in peace and security commands, threatens, resists, appeals from, and insults its magistrates, but in war obeys them as strictly as ‘Kings; for public safety is after all rather more valuable than popular licence. And in the most serious wars, our countrymen have even chosen the entire command to be deposited in the hands of some single chief, without a colleague; the very name of which magistrate indicates the absolute character of his power. For though he is evidently called dictator be- ‘cause he is appointed (dicitur), yet do we still observe him, ‘my Leelius, in our sacred books entitled (Magister Populi) the master of the people.

This is certainly the case, said Leelius. i

Our ancestors, therefore, said Scipio, acted wisely. * * *

XLI. When the people is deprived of a just king, as ‘Ennius says, after the death of one of the best of mon- ‘archs— ,

They hold his memory dear, and in the warmth _ Of their discourse, they cry—O Romulus!

O prince divine, sprung from the might of Mars

To be thy country’s guardian! 0 our sire!

Be our protector still, O heaven-begot. '

Not heroes, nor lords alone, did they call those whom they lawfully obeyed ; nor merely as kings did they proclaim them; but they pronounced them their country’s guardians, their fathers, and their gods. Nor indeed without cause, for they added—

Thou, Prince, hast brought us to the gates of light.

And truly they believed that life and honour and: glory had arisen to them from the justice of their king. ‘The same good-will would doubtless have remained in their cepwidents,

1 Two pages are missing here.

if the same virtues had been preserved on*the-throne, but, as ‘you see, by the injustice of one man the whole of that kind -of constitution fell into ruin.

I see it indeed, said Leelius, and I long to kde the bikery of these political revolutions both in. our own Commonwealth, and in every other.

XLII. And Seipio saidLWhen I shall have egphineds my opinion respecting the form: of. govertiment which I prefer,

‘I shall be able to speak to you more accurately respecting the revolutions of states, though I think that ‘such will not take place so easily in the mixed form of government which I ‘recommend. With respect, however, to absolute monarchy, ‘it presents an inherent and invincible tendency to revolution. No sooner does a king begin to be unjust, than this entire form of government is demolished, and he at once becomes -a tyrant, which is the worst of all eovernments, and one very ‘closely related to monarchy. If this state falls into the hands of the nobles, which is the usual course of events, it becomes an aristocracy, or the second of the three kinds of constitutions which I have described. For -it is, as it were, a royal, that is to say, a paternal council of the chief men of the. state consulting for the public benefit. Or if the people ‘by itself -has expelled or slain a tyrant, it is moderate in its conduct as ‘long as it has sense and wisdom, and while it rejoices in its exploit, and applies itself to maintaining the constitution. which it has established. But if ever the people has raised ‘its forces against a just king, and robbed him of his throne, or, as has frequently happened, has tasted the blood of its legitimate nobles, and subjected the whole commonwealth to its own licence, you can imagine no flood or conflagration so terrible, or any whose violence is harder to appease, than this unbridled insolence of the populace.

XLIII. Then we see realized that which Plato so vividly describes, if I can but express it in our language. It is by no means easy to do it justice in translation: however, I will try.. | - When, says Plato, the insatiate jaws of the populace - are fired with the thirst of liberty, and when the people, urged on ‘by evil ministers, drains in its thirst the cup, not of tempered liberty, but unmitigated licence ; then the magistrates and chiefs, if they. are not utterly subservient and remiss, and shameless promoters of the popular licentiousness, are pursued, incriminated, accused, and cried down under the title oi despots and tyrants. I dare say you recollect the passage,

Yes, said Leelius, it is familiar to me.

Scipio.— Plato thus proceeds : Then those who feel in duty bound to obey the chiefs of the state, are persecuted by the insensate populace, who call them voluntary slaves. But those who, though invested with magistracies, wish to be considered on an equality with private individuals, and those private individuals who labour to abolish all distinctions between their own classand the magistrates, are extolled with acclamations and overwhelmed with honours, so that it inevitably happens in a commonwealth thus revolutionized, that liberalism abounds in all directions, due authority is found wanting even in private families, and misrule seems to extend even to the animals that witness it, Then the father fears the son, and the son neglects the father. All modesty is banished ; they become far too liberal for that. No difference is made between the citizen and the alien; the master dreads and cajoles his scholars, and the scholars despise their masters. The young men assume the gravity of sages, and sages must stoop to the follies of children, lest they should be hated and oppressed by them, The very slaves even are under but little restraint ; wives boast the same rights as their husbands; dogs, horses, and asses, are emancipated in this outrageous excess of freedom, and run about so violently that they frighten the passengers from the road. At length the termination of all this infinite licentiousness is, that the minds of the citizens become so fastidious and effeminate, that when they observe even the slightest exertion of authority they grow angry and seditious, and thus the laws begin to be neglected, so that the people are absolutely without any master at all.

Then Lelius said—You have very accurately rendered the ‘Opinions which he expressed.

XLIV. Scipio.—Now to return to the argument of my discourse, It appears that this extreme licence, which is the only liberty in the eyes of the vulgar, is, according to Plato, such that from it as a sort of root tyrants naturally arise and spring up. For as the excessive power of an aristocracy occasions the destruction of the nobles, so this excessive liberalism of democracies brings after it the slavery of the people. Thus we find in the weather, the soil, and the animal constitution, the most favourable conditions are sometimes suddenly converted by their excess into the contrary, and this fact is especially observable in political governments ; and this excessive liberty soon brings the people collectively and individually to au excessive servitude. For, as I said, this extreme liberty easily introduces the reign of tyranny, the severest of all unjust slaveries. In fact, from the midst of this unbridled aud capricious populace, they elect some one as a leader in opposition to their afflicted and expelled nobles : some new chief, forsooth, audacious and impure, often insolently persecuting those who have deserved well of the state, and ready to oratify the populace at his neighbour’s expense as well as his own. ‘Then since the private condition is naturally exposed to fears and alarms, the people invest him with many powers, and these are continued in his hands. Such men, like Pisistratus of Athens, will soon find an excuse for surrounding themselves with body-guards, and they will conclude by becoming tyrants over the very persons who raised them to dignity. If such despots perish by the vengeance of the better citizens, as is generally the case, the constitution is re-established. But if they fall by the hands of bold insurgents, then the same faction succeeds them, which is only another species of tyranny. And the same revolution arises from the fair system of aristocracy, when any corruption has betrayed the nobles from the path of rectitude. Thus the power is like the ball, which is flung from hand to hand: it passes from kings to tyrants, from tyrants to the aristocracy, from them to democracy, and from these back again to tyrants and to factions; and thus the same kind of government is seldom long maintained.

XLV. Since these are the facts of experience, royalty is, In my opinion, very far preferable to the three other kinds of political constitutions. But it is itself inferior to that which is composed of an equal mixture of the three best forms of government, united and modified by one another, I wish to establish in a commonwealth a royal and preeminent chief. Another portion of power should be deposited in the hands of the aristocracy, and certain things should be reserved to the judgment and wish of the multitude. This constitution, in the first place, possesses that great equality, without which men cannot long maintain their freedom ;—secondly, it offers a great stability, while the particular separate and isolated forms easily fall into their contraries; so that a king is succeeded by a despot,—an aristocracy by a faction,—a democracy by a mob and confusion; aud all these forms are frequently sacrificed to new revolutions. In this united and mixed constitution, however, similar disasters cannot happen without the greatest. vices in public men. For there can be little to occasion revolution in a state, in which every person is firmly established in his appropriate rank, and there are but few modes of corruption into which we can fall.

XLVI. But I fear, Lelius, and you, my amiable and learned friends, that if I were to dwell any longer on this argument, my words would seem rather like the lessons of a master, and not like the free conversation of one who is uniting with you in the consideration of truth. I shall therefore pass on to those things which are familiar to all, and which I have long studied. And in these matters I believe, I feel, and I affirm, that of all governments, there is none which, either in its entire constitution, or the distribution of its parts; or in the discipline of its manners, is comparable to that which our fathers received from our earliest ancestors, and which they have handed down to us. And since you wish to hear from me a development of this constitution, with which you are all acquainted, I shall endeavour to explain its true character and excellence. Thus keeping my eye fixed on the model of our Roman Commonwealth, I shall endeavour to accommodate to it all that I have to say on the best form of government, And by treating the subject in this way, I think I shall be able to accomplish most satisfactorily the task which Leelius has imposed on me.

XLVI. Lelius,—It is a task most properly and peculiarly your own, my Scipio; for who can speak so well as you either on the subject of the institutions of our ancestors, since you yourself are descended from most illustrious ancestors, or on that of the best form of a constitution which, if we possess, (though at this moment we do not, still,) when we do possess such a thing, who will be more flourishing in it than you? or on that of providing counsels for the future, as you, who by dispelling two mighty perils from our city, have provided for its safety for ever? | | !

FRAGMENTS.

XLVIII. As our country is the source of the greatest’ benefits, and is a parent dearer than those who have given us life, we owe her still warmer gratitude than belongs to Gur human relations. *

Nor would Carthage have continued to flowish ann pee centuries without wisdom and good institutions. * *

In truth, says Cicero, although the reasonings of pert men may contain most abundant fountains of science and virtue; still, if we compare them with the achievements and complete actions of statesmen, they will seem not to have been of so much service in the actual business of men as of amusement for their leisure.

BOOK Il. INTRODUCTION BY THE ORIGINAL TRANSLATOR

In this second Book of his Commonwealth, Cicero gives us a spirited and eloquent review of the history and successive developments of the Roman constitution. He bestows the warmest praises on its

‘early kings—points out the great advantages which had resulted from its primitive monarchical system, and explains how that system had been graduaily broken up. In order to prove the importance of reviving it, he gives a glowing picture of the evils and disasters that had befallen the Roman state in consequence of that overcharge of democratic folly and violence, which had gradually gained an alarming preponderance, and describes, with a kind of prophetic sagacity, the fruit of his political experience, the subsequent revolutions of the Roman state, which such a state of things would necessarily bring about.

I, [Wuen therefore he observed all his friends kindled with the de]sire of hearing him, Scipio thus opened the discussion. I will commence, said Scipio, with a sentiment of old Cato, whom, as you know, I singularly loved and exceedingly admired, and to whom, in compliance with the judgment of both my parents, and also by my own desire, I was entirely devoted during my youth; of whose discourse, indeed, I could never have enough; so much experience did he possess as a statesman respecting the republic which he had so long governed, both in peace and war, with so much success. There was also an admirable propriety in his style of conversation, in which wit was tempered with gravity; a wonderful apti-. tude for acquiring, and at the same time communicating information,—and_ his life was in perfect correspondence and unison with his language. He used to say that the government of Rome was superior to that of other states; for this reason, because in nearly all of them there had been single individuals, each of whom had regulated their commonwealth according to their own laws and their own ordinances. . So Minos had done in Crete, and Lycurgus in Sparta; and in Athens, which experienced so many revolutions, first: Theseus, then Draco, then Solon, then Clisthenes, afterwards many others; and lastly, when it was almost lifeless and quite prostrate, that great and wise man, Demetrius Phalereus, supported it. But our Roman constitution, on the contrary, did not spring from the genius of one individual, but from that of many ; and it was established, not in the lifetime of one man, but in the course of several ages and centuries. For, added he, there never yet existed any genius so vast and comprehensive as to allow nothing at any time to escape its attention, and all the geniuses in the world united in @ single mind, could never, within the limits of a single life, exert a foresight sufficiently extensive to embrace and harmonize all, without the aid of experience and practice.

Thus, according to Cato’s usual habit, I now ascend in my discourse to the “ Origin of the People,” for I like to adopt the expression of Cato. I shall also more easily execute my proposed task, if I thus exhibit to you our political constitution in its infancy, progress, and maturity, now so firm and fully established, than if, after the example of Socrates in the books of Plato, I were to delineate a mere imaginary republic.

II. When all had signified their approbation, Scipio resumed :—What commencement of a political constitution can we conceive more brilliant, or more universally known, than the foundation of Rome by the hand of Romulus? and he was the son of Mars: for we may grant this much to the common report existing among men, especially as it is not merely ancient, but one also which has been wisely maintained by our ancestors, in order that those who have done great service to communities, may enjoy the reputation of having received from the gods, not only their genius, but their very birth.

It is related, then, that soon after the birth of Romulus and his brother Remus, Amulius, king of Alba, fearing that they might one day undermine his authority, ordered that they should be exposed on the banks of the Tiber ; and that in this situation, the infant Romulus was suckled by a wild beast ; that he was afterwards educated by the shepherds, and brought up in the rough way of living and labours of the countrymen ; and that he acquired, when he grew up, such superiority over the rest by the vigour of his body and the courage of his soul, that all the people who at that time inhabited the plains in the midst of which Rome now stands, tranquilly and willingly submitted to his government. And when he had made himself the chief of those bands, to come from fables to facts, he took Alba Longa, a powerful and strong city at that time, and slew its king, Amulius.

_ III. Having acquired this glory, he conceived the design (as they tell us) of founding a new city and establishing a new state. As respected the site of his new city, a point which requires the greatest foresight in him who would lay the foundation of a durable commonwealth, he chose the most convenient possible position. For he did not advance too near the sea, which he might easily have done with the forces under his command, either by entering the territory of the Rutuli and Aborigines; or by founding his citadel at the mouth of the Tiber, where many years after Ancus Martius established a colony. But Romulus, with admirable genius and foresight, observed and perceived that sites very near the sea are not the most favourable positions for cities which would attain a durable prosperity and dominion. And this, first, because maritime cities are always exposed, not only to many attacks, but to perils they cannot provide against. For the continued land gives notice, by many indications, not only of any regular approaches, but also of any sudden surprises of an enemy, and announces them beforehand by the mere DE NAT. ETC. b sound. There is no adversary who, on an inland territory, ‘can arrive so swiftly as to prevent our knowing not only his existence, but his character too, and where he comes from. But a maritime and naval enemy can fall upon a town on the sea coast before any one suspects that he is about to come; and when he does come, nothing exterior indicates who he is, or whence he comes, or what he wishes; nor can it even be determined and distinguished on all occasions whether he is a friend or a foe.

IV. But maritime cities are likewise naturally exposed to corrupt influences, and revolutions of manners. Their civilization is more or less adulterated by new languages and customs, and they import not only foreign merchandise, but foreign fashions, to such a degree that nothing can continue unalloyed in the national institutions. ‘Those who inhabit these maritime towns do not remain in their native place, but are urged afar from their homes by winged hope and speculation. And even when they do not desert their country in person, still their minds are always expatiating and voyaging round the world.

“Neo or, indeed, was there any cause which more deeply undermined Corinth and Carthage, and at last overthrew them both, than this wandering and dispersion of their citizens, whom the passion of commerce and navigation had induced to abandon the cultivation of their lands and their attention to military pursuits.

The proximity of the sea likewise administers to maritime cities a multitude of pernicious incentives to luxury, which are either acquired by victory or imported by commerce ; and the very agreeableness of their position nourishes many expensive and “deceitful gratifications of the passions. And what I have spoken of Corinth may be applied, for aught I know, without incorrectness to the whole of Greece. For the Peloponnesus itself is almost wholly on the sea coast ; nor, beside the Phliasians, are there any whose lands do not touch the sea; and beyond the Peloponnesus, the Ainianes, the Dorians, and the Dolopes, are the only inland people. Why should I speak of the Grecian islands, which, girded by the waves, seem all afloat, as it were, together with the institutions and manners of their cities? | And these things, I have before noticed, do not respect ancient Greece only ; for which fi of all those colonies, which have been led from Greece into Asia, Thracia, Italy, Sicily, and Africa, with the single exception of Magnesia, is there that is not washed by the sea? Thus it seems as if a sort of Grecian coast had been annexed to territories of the barbarians. For among the barbarians themselves none were heretofore a maritime people, if. we except the Carthaginians and Etruscans; one for the sake of commerce, the other of pillage. And this is one evident reason of the calamities and revolutions of Greece, because she became infected with the vices which belong to maritime cities, which I just now briefly enumerated. But yet, notwithstanding these vices, they have one great advantage, and one which is of universal application, namely, that there is a ereat facility for new inhabitants flocking to them. And again, that the inhabitants are enabled to export and send abroad the produce of their native lands to any nation they please, which offers them a market for their goods. |

V. By what divine wisdom then could Romulus embrace all the benefits that could belong to maritime cities, and at the same time avoid the dangers to which they are exposed, except, as he did, by building his city on the bank of an inexhaustible river, whose equal current discharges itself into the sea by a vast mouth, so that the city could receive all it wanted from the sea, and discharge its superabundant commodities by the same channel? and, in the same river, a communication 1s found by which it not only receives from the sea all the productions necessary to the conveniences and elegances of life, but those also which are brought from the inland districts. So that Romulus seems to me to have divined and anticipated that this city would one day become the centre and abode of | a powerful and opulent empire. For there is no other part of Italy in which a city could be situated so as to be able to maintain so wide a dominion with so much ease.

VI. As to the natural fortifications of Rome, who is so negligent and unobservant as not to have them depicted and deeply stamped on his memory? Such is the plan and direction of the walls, which, by the prudence of Romulus and his royal successors, are bounded on all sides by steep and rugged hills. And the only aperture between the Esquiline and Quirinal mountains is enclosed by a formidable rampart, and surrounded by an immense fosse. And as for our fortified

¥2 citadel, it is so secured by a precipitous barrier and énclosure of rocks, that, even in that horrible attack and invasion of the Gauls, it remained impregnable and inviolable. Moreover, the site which he selected had also an abundance of fountains, and was healthy, though it was in the midst of a pestilential region ; for there are hills which at once create a current of fresh air, and fling an agreeable shade over the valleys.

VII. These things he effected with wonderful rapidity, and thus established the city, which, from his own name Romulus, he determined to call Rome. And in order to strengthen his new city, he conceived a design, singular enough, and even a little rude, yet worthy of a great man, and of a genius which discerned far away in futurity the means of strengthening his power and his people. The young Sabine females of honourable birth, who had come to Rome, attracted by the public games and spectacles which Romulus then, for the first time, established as annual games in the circus, were suddenly carried off at the feast of Consus' by his orders, and were given in marriage to the men of the noblest families in Rome. And when, on this account, the Sabines had declared war against Rome, the issue of the battle being doubtful and undecided, Romulus made an alliance with Tatius, king of the Sabines, at the intercession of the matrons themselves who had been carried off. By this compact, he admitted the Sabines into the city, gave them a participation in the religious ceremonies, and divided his power with their king.

VIII. But after the death of Tatius, the entire government was again vested in the hands of Romulus, although, besides making Tatius his own partner, he had also elected some of the chiefs of the Sabines into the royal council, who on account of their affectionate regard for the people were called Patres, or Fathers. He also divided the people into three tribes, called after the name of Tatius, and his own name, and that of Lucumo, who had fallen as his ally in the Sabine war. And also into tnirty curie, designated by the names of those Sabine virgins, who, after being carried off at the festivals, generously offered themselves as the mediators of peace and coalition.

But though these orders were established in the life of.

1 A name of Neptune.

Tatius, yet after his death, Romulus reigned with still greater power by the counsel and authority of the senate.

IX. In this respect, he approved and adopted the principle which Lycurgus but little before had applied to the government of Lacedemon; namely, that the monarchical authority, and the royal power, cperate best in the government of states, when to this supreme authority is joined the influence of the noblest of the citizens. |

Therefore, thus supported and, as it were, propped up by this council or senate, Romulus conducted many wars with the neighbouring nations, in a most successful manner, and, while he refused to take any portion of the booty to his own. palace, he did not cease to enrich the citizens. He also cherished the greatest respect for that institution of hierarchical and ecclesiastical ordinances, which we still retain to the great benefit of the commonwealth ; for in the very commencement of his government he founded the city with religious rites, and in the institution of all public establishments he was equally careful in attending to these sacred ceremonials, and associated with himself on these occasions priests that were selected from each of the tribes. He also enacted that the nobles should act as patrons and protectors to the inferior citizens, their natural clients and dependants, in their respective districts; a measure the utility of which I shall afterwards notice.—The judicial punishments were mostly fines of sheep and oxen; for the property of the people at that time consisted in their fields and cattle, and this cireumstance has given rise to the expressions which still designate real and personal wealth. Thus the people were kept in order rather by mulctations than by bodily inflictions.

X. After Romulus had thus reigned thirty-seven years, and. established these two great supports of government, the hierarchy and the senate, having disappeared in a sudden eclipse of the sun, he was thought worthy of being added to the number of the Gods,—an honour which no mortal man ever was able to attain to but by a glorious preeminence of virtue. . And this circumstance was the more to be admired in the case of Romulus, because most of the great men that have been deified, were so exalted to celestial dignities by the people, in periods very little enlightened, when fiction whs easy, and ignorance went hand in hand with credulity. But with. respect. to Romulus, we know that he lived less than six centuries ago, at a time when science and literature were already advanced, and had got rid of many of the ancient errors that had prevailed among less civilized peoples. For if, as we consider proved by the Grecian annals, Rome was founded in the seventh Olympiad, the life of Romulus was contemporary with that period in which Greece already abounded in poets and musicians,—an age when fables, except those concerning ancient matters, received little credit.

For, one hundred and eight years after the promulgation of the laws of Lycurgus, the first Olympiad was established, .which indeed, through a mistake of names, some authors have supposed constituted by Lycurgus likewise. And Homer himself, according to the best computation, lived about thirty years before the time of Lycurgus. We must conclude, therefore, that Homer flourished very many years before the date of Romulus. So that, as men had now become learned, and as the times themselves were not destitute of knowledge, there was not much room left for the success of mere fictions. Antiquity indeed has received fables that have at times been sufficiently improbable: but this epoch, which was already so cultivated, more rm Sosa — pacers was impossible, rejected’ *

We may, therefore, perhaps sehalia some credit to this story of Romulus’s immortality, since human life was at that time experienced, cultivated, and instructed. And doubtless there was in him such energy of genius and virtue, that it is not altogether impossible to believe the report of Proculus Julius, the husbandman, of that glorification having befallen Romulus, which for many ages we have denied to less illustrious men. At all events, Proculus is reported to have stated in the council, at the instigation of the senators, who wished to free themselves from all suspicion of having been accessaries. to the death of Romulus, that he had seen him on that hill which is now called the Quirinal, and that he had commanded him to inform the people, that they should build him a temple on that same hill, and offer him ee under the name of Quirinus.

. XI. You see, therefore, that the genius of this par man

: © about seven lines are lost here, and there is a great deal of corruption and imperfection in the next few sentences.

did not merely establish the constitution of a new people, and then leave them, as it were, crying in their cradle; but he still continued to superintend their education till they had arrived at an adult, and well nigh a mature age.

Then Leelius said—We now see, my Scipio, what you meant when you said that you would adopt a new method of discussing the science of government, different from any found in the writings of the Greeks. For that prime master of philosophy, whom none ever surpassed in eloquence, I mean Plato, chose an open plain on which to build an imaginary city after his own taste,—a city admirably conceived, as none can deny, but remote enough from the real life and manners of men. Others, without proposing to themselves any model or type of government whatever, have argued on the constitutions and forms of states. You, on the contrary, appear to be about to unite these two methods; for, as far as you have gone, you seem to prefer attributing to others your discoveries, rather than start new theories under your own name and authority, as Socrates has done in the writings of Plato. Thus, in speaking of the site of Rome, you refer to a systematic policy, to the acts of Romulus, which were many of them the result of necessity or chance; and you do not allow your discourse to run riot over many states, but you fix and concentrate it on our own commonwealth ; proceed, then, in the course you have adopted, for I see that you intend to examine our other kings, in your pursuit of a perfect republic as it were. |

- XII. Therefore, said Scipio, when that senate of Romulus which was composed of the nobles, whom the king himself respected so highly that he designated them patres, or fathers, and their children patricians, attempted, after the death of Romulus, to conduct the government without a king, the people would not suffer it, but amid their regret for Romulus, desisted not from demanding a fresh monarch. The nobles then prudently resolved to establish an interregnum, a new political form, unknown to other nations. It was not without its use, however, since, during the interval which elapsed before the definitive nomination of the new king, the state was not left without a ruler, nor subjected too long to the same governor, nor exposed to the fear lest some one, in consequence of the prolonged enjoyment of power, should become more unwilling to lay it aside, or more powerful if he wished to secure it permanently for himself. At which time this new nation discovered a political provision which: had escaped the Spartan Lycurgus, who conceived that. the monarch ought not to be elective—if indeed it is true that this depended on Lycurgus—but that it was better for the Lacedemonians to acknowledge as their sovereign the next heir of the race of Hercules, whoever he might be: but our Romans, rude as they were, saw the importance of appointing a king, not for his family, but for his virtue and experience.

XIII. And fame having recognised these eminent qualities in Numa Pompilius, the Roman people, without partiality for their own citizens, committed itself, by the counsel of the. senators, to a king of foreign origin, and summoned this Sabine from the city of Cures to Rome, that he might reign over them. Numa, although the people had proclaimed him king in their Comitia Curiata, did nevertheless himself pass a Lex Curiata respecting his own authority; and observing that the institutions of Romulus had too much excited the military propensities of the people, he judged it expedient to recall them from this habit of warfare by other employments.

XIV. And in the first place, he divided severally among the citizens the lands which Romulus had conquered, and taught them that even without the aid of pillage and devastation, they could, by the cultivation of their own territories, — procure themselves all kinds of commodities. And he inspired them with the love of peace and tranquillity, in which faith and justice are likeliest to flourish, and extended the most powerful protection to the people in the cultivation of their fields, and the enjoyment of their produce. Pompilius likewise having created hierarchical institutions of the highest class, added two augurs to the old number. He entrusted . the superintendence of the sacred rites to five pontiffs, selected from the body of the nobles; and by those laws which we still preserve on our monuments, he mitigated by religious. ceremonials the minds that had been too long inflamed by military enthusiasm and enterprise.

He also established the Flamines and the Salian priests and the Vestal Virgins, and regulated all departments of our ecclesiastical policy with the most pious care. In the ordinance of sacrifices, he wished that the ceremonial should be very arduous, and the expenditure very light. He thus appointed many observances, whose knowledge is extremely important, and whose expense far from burdensome. ‘Thus in religious worship he added devotion, and removed. costliness. He was also the first to introduce markets, games, and the other usual methods of assembling and uniting men. By these establishments, he inclined to benevolence and amiability spirits whom the passion for war had rendered savage and ferocious. Having thus reigned in the greatest peace and concord thirty-nine years—for in dates we mainly follow our Polybius, than whom no one ever gave more attention to the investigation of the history of the times—he departed this life, having corroborated the two grand principles of political stability, religion and clemency. _ XV. When Scipio had concluded these remarks,—Is it not, said Manilius, a true tradition which is current, that our king Numa was a disciple of Pythagoras himself, or that at least he was a Pythagorean in his doctrines? For I have often heard this from my elders, and we know that it is the popular opinion; but it does not seem to be clearly proved by the testimony of our public annals. r

Then Scipio replied—The supposition is false, my Manilius; it is not merely a fiction, but a ridiculous and bungling one too; and we should not tolerate those statements, even in’ fiction, relating to facts which not only did not happen, but which never could have happened. For it was not till the fourth year of the reign of Tarquinius Superbus, that Pythagoras is ascertained to have come to Sybaris, Crotona, and this part of Italy. And the sixty-second Olympiad is the common date of the elevation of Tarquin to the throne, and» of the arrival of Pythagoras. From which it appears, when we calculate the duration of the reigns of the kings, that about one hundred and forty years must have elapsed after the death of Numa before Pythagoras first arrived in Italy. And this fact, in the minds of men who have carefully studied the annals of time, has never been at all doubted.

Oh, ye immortal gods! said Manilius, how deep and how inveterate is this error in the minds of men! However, it costs me no effort to concede that our Roman sciences were not imported from beyond the seas, but that they sprung from our own indigenous and domestic virtues.

XVI. You will become still more convinced of this fact, said Africanus, when tracing the progress of our commonwealth, as it became gradually developed to its best and maturest condition. And you will find yet further occasion to admire the wisdom of our ancestors on this very account, since you will perceive that even those things which they borrowed from foreigners received a much higher improvement among us than they possessed in the countries from whence they were imported among us; and you will learn that the Roman people was aggrandized, not by chance or hazard, but rather by counsel and discipline, to which fortune indeed was by no means unfavourable. |

XVII. After the death of King Pompilius, the people, after a short period of interregnum, chose Tullus Hostilius for their king, in the Comitia Curiata; and Tullus, after Numa’s example, consulted the people in their curies to procure a sanction for his government. His excellence chiefly appeared in his military glory and great achievements in war. He likewise, out of his military spoils, constructed and decorated the House of Comitia, and the Senate House. He also settled the ceremonies of the proclamation of hostilities, and consecrated their righteous institution by the religious sanction of the Fetial priests, so that every war which was not duly announced and declared, might be adjudged illegal, unjust, and impious. And observe how wisely our kings at that time perceived that certain rights ought to be allowed to the people, of which we shall have a good deal to say hereafter. Tullus did not even assume the ensigns of royalty without the approbation of the people; and when he appointed twelve lictors, with their axes, to go before him,”

XVIII. * * * [Manilius.|—This commonwealth of Rome, which you are so eloquently describing, did not creep toward perfection, it rather flew at once to the maturity of its grandeur. |

[Scipio.|—After Tullus, Ancus Martius, a descendant of Numa by his daughter, was appointed king by the people.

1 Two pages are lost here.

Scape Sa meee : A AS ee ew

He also procured the passing of a law* through the Comitia Curiata respecting his government. This king having conquered the Latins, admitted them to the rights of citizens of Rome. He added to the city the Aventine and Ceelian hills ; he distributed the lands he had taken in war; he bestowed on the public all the maritime forests he had acquired ; and he built the city Ostia, at the mouth of the Tiber, and colonized it. When he had thus reigned twenty-three years, he died.

Then said Leelius—Doubtless this king deserves our praises, but the Roman history is obscure. We possess indeed the

~name of this monarch’s mother, but we know nothing of his father.

It is so, said Scipio; but in those ages little more than the names of the kings were recorded. |

XIX. For the first time at this period, Rome appears to have become more learned by the study of foreign literature ; for it was no longer a little rivulet, flowing from Greece towards the walls of our city, but an overflowing river of Grecian sciences and arts. This is generally attributed to Demaratus, a Corinthian, the first man of his country in reputation, honour, and wealth ; who, not being able to bear the despotism of Cypselus, tyrant of Corinth, fled with large treasures, and arrived at Tarquinil, the most flourishing city in Etruria. There, understanding that the domination of Cypselus was thoroughly established, he, like a free and boldhearted man, renounced his country, and was admitted into the number of the citizens of Tarquinii, and fixed his residence in that city. And having married a woman of the city, he instructed his two sons, according to the method of Greek education, in all kinds of sciences and arts.2 * * * *

XX, * * * [One of these sons] was easily admitted to the rights of citizenship at Rome ; and on account of his accomplished manners and learning, he became a favourite of our king Ancus to such a degree, that he was a partner in all

1 The Lex curiata de Imperio, so often mentioned here, was the same as the Auctoritas Patrum, and was necessary in order to confer upon the dictator, consuls, and other magistrates, the <mperium or military command ; without this they had only a potestas, or civil authority, and could not meddle with military affairs.

2 Two pages are missing here.

his counsels, and was looked upon almost as his associate in the government. He, besides, possessed wonderful affability, and was very kind in assistance, support, protection, and even gifts of money to the citizens. |

When, therefore, Ancus died, the people by their unanimous’ suffrages chose for their king this Lucius Tarquinius (for he had thus transformed the Greek name of his family, that he might seem in all respects to imitate the customs of his adopted countrymen). And when he, too, had procured the passing of a law respecting his authority, he commenced his reign by doubling the original number of the senators. The ancient senators he called patricians of the major families — (patres majorum gentium), and he asked their votes first; and those new senators whom he himself had added, he entitled patricians of minor families. After this, he established the order of knights, on the plan which we maintain ‘to this day. He would not, however, change the denomination of the Tatian, Rhamnensian, and Lucerian orders, though he wished to do so, because Attus Nevius, an augur of the highest reputation, would not sanction it. And, indeed, I am aware that the Corinthians were remarkably attentive to provide for the maintenance and good condition of their cavalry, by taxes levied on the inheritance of widows and orphans. To the first equestrian orders Lucius also added new ones, composing a body of three hundred knights. And this number he doubled, after having conquered the Aiquicoli, a large and ferocious people, and dangerous enemies of the Roman state. Having likewise repulsed from our walls an invasion of the Sabines, he routed them by the aid of his cavalry and subdued them. He also was the first person who instituted the grand games, which are now called the Roman Games. He fulfilled his vow to build a temple to the all-good and allpowerful Jupiter, in the Capitol—a vow which he made during a battle in the Sabine war,—and died after a reign of thirty-eight years.

XXi. Then Leelius said—All that you have been relating corroborates the saying of Cato, that the constitution of the Roman commonwealth is not the work of one man, or one age; for we can clearly see what a great progress in excellent and useful institutions was continued under each successive king. But we are now arrived at the reign of a monarch who appears to me to have been of all our kings he who had the greatest foresight in matters of political government.

So it appears to me, said Scipio; for after Tarquinius Priscus comes Servius Sulpicius, who was the first who is reported to have reigned without an order from the people. He is supposed to have been the son of a female slave at Tarquinii, by one of the soldiers or clients of king Priscus ; and as he was educated among the servants of this prince, and waiting on him at table, the king soon observed the fire of his genius, which shone forth even from his childhood, so skilful was he in all his words and actions. Therefore, Tarquin, whose own children were then very young, so loved Servius, that he was very commonly believed to be his own son, and he instructed him with the greatest care in all the sciences with which he was acquainted, according to the most exact discipline of the Greeks.

But when Tarquin had perished by the plots of the sons of Ancus, and Servius (as I have said) had begun to reign, not by the order, but yet with the goodwill and consent of the citizens,— because, as it was falsely reported that Priscus was recovering from his wounds, Servius, arrayed in the royal robes, delivered judgment, freed the debtors at his own expense, and, exhibiting the greatest affability, announced that he delivered judgment at the command of Priscus,—he did not commit himself to the senate ; but after Priscus was buried, he consulted the people respecting his authority, and being authorized by them to assume the dominion, he procured a law to be passed through the Comitia Curiata, confirming his government.

He then, in the first place, avenged the injuries | of the Etruscans by arms. After which *

XXII. * * * he enrolled eighteen centuries of eee of the first order. Afterwards, having created a great number of knights from the common mass of the people, he divided the rest of the people into five classes, distinguishing between the seniors and the juniors. These he so constituted as to place the suffrages, not in the hands of the multitude, but in the power of the men of property. And he took care to make it a rule of ours, as it ought to be in every government, that the greatest number should not have the greatest weight.

1 Here two pages are missing,

You are well acquainted with this institution, otherwise I would explain it to you; but you are familiar with the whole system, and know how the centuries of knights, with six suffrages, and the first class, comprising eighty centuries, besides one other century which was allotted to the artificers, on account of their utility to the state, produce eighty-nine centuries. If to these there are added twelve centuries—for that is the number of the centuries of the knights which remain ‘—the entire force of the state is summed up; and the arrangement is such that the remaining and far more numerous multitude, which is distributed through the ninetysix last centuries, is not deprived of a right of suffrage, which would be an arrogant measure; nor, on the other hand, per- - mitted to exert too great a preponderance in the government, which would be dangerous.

In this arrangement, Servius was very cautious in his choice of terms and denominations. He called the rich assidut, because they afforded pecuniary succour’ to the state. As to those whose fortune did not exceed 1500 pence, or those who had nothing but their labour, he called them proletarit classes, as if the state should expect from them a hardy progeny * and population.

Even a single one of the ninety-six last centuries contained numerically more citizens than the entire first class. Thus no one was excluded from his right of voting, yet the preponderance of votes was secured to those who had the deepest stake in the welfare of the state. Moreover, with reference to the accensi, velati, trumpeters, horn-blowers, proletarii * * **

XXIII. * * * That that republic is arranged in the best manner which, being composed in due proportions of those three elements, the monarchical, the aristocratical, and the democratic, does not by punishment irritate a fierce and savage mind. * * * [A similar institution prevailed at Carthage], which was sixty-five years more ancient than Rome, since it was founded thirty-nine years before the first Olympiad ; and that most ancient lawgiver Lycurgus made nearly the same arrangements. Thus the system of regular

- 1] have translated this very corrupt passage according to Niebuhr’s emendation.

2 Assiduus, ab cere dando. 3 Proletarii, a prole.

* Here four pages are missing.

subordination, and this mixture of the three principal forms of government, appear to me common alike to us and them. But there is a peculiar advantage in our commonwealth, than which nothing can be more excellent, which [ shall endeavour to describe as accurately as possible, because it is of such a character that nothing analogous can be discovered in ancient states: for these political elements which I have noticed were so united in the constitutions of Rome, of Sparta, and of Carthage, that they were not counterbalanced by any modifying power. For in a state in which one man is invested with a perpetual domination, especially of the monarchical character, although there be a senate in it, as there was in Rome under the kings, and in Sparta, by the laws of Lycurgus, or even where the people exercise a sort of jurisdiction, as they used in the days of our monarchy, the title of king must still be preeminent ; nor can such a state avoid being, and being called, a kingdom. And this kind of government is especially subject to frequent revolutions, because the fault of a single individual is sufficient to precipitate it into the most pernicious disasters.

In itself, however, royalty is not only not a reprehensible form of government, but I do not know whether it is not far preferable to all other simple constitutions, if I approved of any simple constitution whatever. But this preference applies to royalty so long only as it maintains its appropriate character; and this character provides that one individual’s perpetual power, and justice, and universal wisdom, should regulate the safety, equality, and tranquillity of the whole people. But many privileges must be wanting to communities that live under a king ; and, in the first place, liberty, which does not consist in slavery to a just master, but in slavery to no master at all * # Hs ? wig u

XXIV. * * * | Let us now pass on to the reign of the seventh and last king of Rome, Tarquinius Superbus.] And even this unjust and cruel master had good fortune for his companion for some time in all his enterprises. For he subdued all Latium; he captured Suessa Pometia, a powerful and wealthy city, and becoming possessed of an immense spoil of gold and silver, he accomplished his father’s vow by the building of the Capitol. He established colonies, and, faithful to

1 Two pages are missing here, the institutions of those from whom he sprung, he sent magnificent presents as tokens of gratitude for his victories, to Apollo at Delphi.

XXV. Here begins the revolution of our political system of government, and I must beg your attention to its natural course and progression. For the grand point of political science, the object of our discourses, is to know the march and the deviations of governments, that when we are acquainted with the particular courses and inclinations of constitutions, we may be able to restrain them from their fatal tendencies, or to oppose adequate obstacles to their decline and fall.

For this Tarquinius Superbus, of whom I am speaking, being first of all stained with the blood of his admirable predecessor on the throne, could not be a man of sound conscience and mind; and as he feared himself the severest punishment for his enormous crime, he sought his protection’ in making himself feared. Then, in the glory of his victories and his treasures, he exulted in insolent pride, and could neither regulate his own manners nor the passions of the members of his family.

When, therefore, his eldest son had offered violence to Laicretia, daughter of Tricipitinus and wife of Collatinus, and this chaste and noble lady had stabbed herself to death on account of the injury she could not survive—then a man eminent for his genius and virtue, Lucius Brutus, dashed from his fellow-citizens this unjust yoke of odious servitude; and though he was but a private man, he sustained the government of the entire commonwealth, and was the first that taught the people in this state that no one was a private man when the preservation of our liberties was concerned. Beneath his authority and command our city rose against tyranny, and, stirred by the recent grief of the father and relatives of Lucretia, and with the recollections of Tarquin’s haughtiness, and the numberless crimes of himself and his sons, they pronounced sentence of banishment against him and his children, and the whole race of the 'Tarquins. |

XXVI. Do you not observe, then, how the king sometimes degenerates into the despot, and how, by the fault of one individual, a form of government originally good, is abused to the worst of purposes? Here is a specimen of that despot over the people, whom the Greeks denominate a tyrant. For, according to them, a king is he who, like a father, consults the interests of his people, and who preserves those whom he is set over in the very best condition of life. This indeed is, as I have said, an excellent form of government, yet still liable, and as it were inclined, to a pernicious abuse. For as soon as a king assumes an unjust and despotic power, he instantly becomes a tyrant, than which nothing baser or fouler—than which no imaginable animal can be more detestable to gods or men—for though in form a man, he surpasses the most savage monsters in ferocious cruelty. For who can justly call him a human being, who admits not between himself and his fellow-countrymen, between himself and the whole human race, any communication of justice,—any association of kindness? But we shall find some fitter occasion of speaking of the evils of tyranny, when the subject itself prompts us to declare against them, who, even in a state already liberated, have affected these despotic insolencies.

XXVII. Such is the first origin and rise of a tyrant. For this was the name by which the Greeks chose to designate an unjust king; and by the title king, our Romans universally understand every man who exercises over the people a perpetual and undivided domination. Thus Spurius Cassius, and ~ Marcus Manlius, and Spurius Meelius, are said to have wished to seize upon the kingly power, and lately [Tiberius Geanphus incurred the same accusation.]| 1 * *

XXVIII... . [Lycurgus in Sparta, formed, iets . name of Elders, ] a small council consisting of twenty-eight members only ; to these he allotted the supreme legislative authority, while the king held the supreme executive authority. Qur Romans, emulating his example, and translating his terms, entitled those whom he had called Elders, Senators, which, as we have said, was done by Romulus in reference to the elect patricians, In this constitution, however, the power, the influence, and name of the king, is still preeminent. You may distribute, indeed, some show of power to the people, as Lycurgus and Romulus did, but you inflame them with the thirst of liberty by allowing them even the slightest taste of its sweetness, and still their hearts will be overcast with alarm, lest their king, as often happens, should become unjust. The prosperity of the people, therefore, can

1 Two pages are missing here,

DE NAT. ETC, 4

338 | GN ‘THE COMMONWEALTH.

be little better than fragile, when placediat the disposal of any one individual, and subjected to his will and caprices. |

XXIX. Thus the first example, prototype,:and original:of ‘tyranny, has been discovered by usin the history of our own Roman state, religiously founded by Romulus, without applying ‘to the theoretical commonwealth which, according to Plato’s recital, Socrates -was accustomed to describe in his peripatetic dialogues. We have observed Tarquin, not by the usurpation of any new power, but by the unjust abuse of the power which ‘he already possessed, overturn the whole system of our: monarchical constitution.

Let us oppose to this example of the tyrant another, a virtuous king—wise, experienced, and well informed :respecting the true interest and dignity of the citizens—a guardian, as.it were, and. superintendent of the commonwealth; for that is:a proper name. for every:ruler and governor of a state. And take you care to recognise such a man when you meet him, for he is the man who, by counsel and. exertion, can best protect the nation. And as the name of this:man has not yet been: often mentioned in our discourse,and as:the:character of sucha man must be often alluded to in our future: conversations, [I shall take an early opportunity of desembing it.] 1 % * * * %

XXX. ...... [Plato |has chosen to suppose a territory and establishments of citizens, whose fortunes| were precisely equal. And he has given usa description of a. city, rather to be desired than expected; and he has made out not such:an one as.can really exist, but.one in which the principles. of political affairs may be discerned. But for me, if I can in any way accomplish it, while I adopt the same general principles as Plato, I am seeking to reduce them ‘to experience and practice, not in the shadow and :picture:of a state, but ina real and actual commonwealth, of unrivalled amplitude and power; in order to be :able to:point out, with the most graphic pre-_ cision, the causes.of every political good and social:evil.

For after Rome had flourished :more:than 240 years under her kings and interreges, and after Tarquin was sent imto— banishment, the Roman people conceived as much detestation. of the name of king as they had once experienced »regret at the death, or rather disappearance, of Romulus. Therefore,

1 Here twelve pages are missing.

a ee

Bite pre aye ee as in the first instance they could hardly bear the idea of losing a king, so in the latter, after the expulsion of Tarquin, they could:not.endure'to hear the name of a king.! * * * *% ae * % of uw XXXI. .... Therefore, when that admirable constitution of

Romulus had lasted ‘steadily about two hundred and forty years. * ab % * a * * The whole of ‘that law was abolished. In this humour, our ancestors banished Collatinus, in spite of his innocence, because of the suspicion that attached to his family, ‘and all the rest of the Tarquins, on account of the unpopularity of their name. In the same humour, Valerius Publicola was the first to lower the fasces before the people, when he spoke in the assembly of the people. He also had the materials of his house conveyed to the foot of Mount Velia, having observed that the commencement of his edifice‘on the summit of this hill, where king Tullius had once dwelt, excited the suspicions of the people.

It was the same man, who in this respect preeminently deserved the name of Publicola, who carried in favour of the people the first law received in the Comitia Centuriata, that no magistrate should sentence to death or scourging’a Roman citizen who appealed from his authority to the people. And the pontifical books attest that the right of appeal had existed, even against the decision of the kings. Our augural books affirm the same thing. And the Twelve Tables prove, by a multitude .of laws, that there was aright ‘of appeal from every judgment and penalty. Besides, ‘the historical ‘fact that the decemviri who compiled the laws were created with the privilege of judging without appeal, sufficiently proves that the other magistrates had not the same power. And a‘consular law, passed by Lucius Valerius Politus and Marcus Horatius Barbatus, men justly popular for promoting union and concord, enacted that no magistrate should thenceforth ‘be ‘appointed with authority to judge without appeal; and ‘the Portian laws, the work of three citizens of the name of Portius, as you are aware, added nothing new’to ‘this edict ‘but'a penal sanction.

‘Therefore Publicola, having promulgated this law in favour of appeal to the people, immediately ordered the axes to be removed from the fasces, which the lictors carried before the

1 Sixteen pages a missing here. | Z consuls, and the next day appointed Spurius Lucretius for his colleague. And as the new consul was the oldest of the two, Publicola ordered his lictors to pass over to him; and he was the first to establish the rule, that each of the consuls should be preceded by the lictors in alternate months, that there should be no greater appearance of imperial insignia among the free people than they had witnessed in the days of their kings. Thus, in my opinion, he proved himself no ordinary man, as, by so granting the people a moderate degree of liberty, he more easily maintained the authority of the nobles.

Nor is it without reason that I have related to you these ancient and almost obsolete events; but I wished to adduce my instances of men and circumstances from illustrious persons and times, as it is to such events that the rest of my discourse will be directed.

XXXII. Ai that period, then, the senate preserved the commonwealth in such a condition, that though the people were really free, yet few acts were passed by the people, but almost all, on the contrary, by the authority, customs, and traditions of the senate. And over all the consuls exercised a power—in time, indeed, only annual, but in nature and prerogative completely royal.

The consuls maintained, with the greatest energy, that rule which so much conduces to the power of our nobles and great men, that the acts of the commons of the people shall not be binding, unless the authority of the patricians has approved them, About the same period, and scarcely ten years after the first consuls, we find the appointment of the dictator in the person of Titus Lartius. And this new kind of power, namely, the dictatorship, appears exceedingly similar to the monarchical royalty. All his power, however, was vested in the supreme authority of the senate, to which the people deferred ; and in these times great exploits were performed in — war by brave men invested with the supreme command, whether dictators or consuls. |

XXXIII. But as the nature of things necessarily brought it to pass that the people, once freed from its kings, should arrogate to itself more and more authority, we observe that after a short interval of only sixteen years, in the consulship _ of Postumus Cominius and Spurius Cassius, they attained their object; an event explicable, perhaps, on no distinct principle, but nevertheless, in a manner, independent of any distinct principle. For, recollect what I said, in commencing our discourse, that if there exists not in the state a just distribution and subordination of rights, offices, and prerogatives, so as to give sufficient domination to the chiefs, sufficient authority to the counsel of the senators, and sufficient liberty to the people, this form of the government cannot be durable,

For when the excessive debts of the citizens had thrown the state into disorder, the people first retired to Mount Sacer, and next occupied Mount Aventine. And even the rigid discipline of Lycurgus could not maintain those restraints in the case of the Greeks. For in Sparta itself, under the reign of Theopompus, the five magistrates whom they term Ephori, and in Crete, ten whom they entitle Cosmi, were established in opposition to the royal power, just as tribunes were added among us to counterbalance the consular authority.

XXXIV, There might have been a method, indeed, by which our ancestors could have been relieved from the pressure of debt, a method with which Solon the Athenian, who lived at no very distant period before, was acquainted, and which our senate did not neglect when, in the indignation which the odious avarice of one individual excited, all the bonds of the citizens were cancelled, and the right of arrest for a while suspended. In the same way, when the plebeians were oppressed by the weight of the expenses occasioned by public misfortunes, a cure and remedy were sought for the sake of public security, The senate, however, having forgot their former decision, gave an advantage to the democracy ; for, by the creation of two tribunes to appease the sedition of the people, the power and authority of the senate were diminished ; which, however, still remained dignified and august, inasmuch as it was still composed of the wisest and bravest men, who protected their country both with their arms and with their counsels ; whose authority was exceedingly strong and flourishing, because in honour they were as much before their fellowcitizens, as they were inferior in luxuriousness, and, as a general rule, not superior to them in wealth. And their public virtues were the more agreeable to the people, because even in private matters they were ready to serve every citizen, by their exertions, their counsels, and their liberality,

XXXV. Such was the situation of the commonwealth, when

342 ON. THE. COMMONWEALTH.

the queestor impeached Spurius Cassius. of being so. much emboldened by the excessive favour of the people, as to endeavour to make himself master of monarchical power. And, as you have heard, his own father, having said that. he had found that his son was really guilty of this crime, condemned him to death at the instance of. the people. About fifty-four years after the first consulate, Spurius Tarpeius and Aulus Aternius very much gratified the people by proposing, in the Comitia Centuriata, the substitution of fines instead of corporal punishments. Twenty years afterwards, Lucius. Papirius and Publius: Pinarius, the censors, having. by a strict. levy of fines confiscated to the state the entire flocks and herds. of many private individuals, a light tax on the cattle was. substituted for the law of fines in the consulship of Caius Julius and Publius Papirius.

XXXVI. But, some years previous to this, at a period when the senate possessed the supreme influence, and the people | were submissive and obedient, a new system was adopted. At that time both the consuls and tribunes.of. the people abdicated their magistracies, and the: decemviri were appointed, who were invested with great authority; from.which there was no appeal whatever, so as to exercise the chief domination, and to compile the laws. After having composed, with much wisdom and equity, the Ten Tables of laws, they nominated as their successors. in the ensuing year other decemviri, whose good. faith and justice do not deserve equal praise. One member of this college, however, merits our highest.commendation. I allude to Caius Julius, who declared respecting the nobleman, Lucius Sestius, in whose chamber a dead body had been exhumed under his own eyes, that though as decemvir he held the highest power. without. appeal, he still required bail, because he was unwilling to neglect. that. admirable law which permitted no court. but the Comitia Centuriata.to. pronounce final sentence on: the life of a.Roman.citizen. | XXXVII. A third year followed under. the authority of the: same decemvirs, and still they were not disposed. to appoint. their successors.. In a.situation of the commonwealth like: this, which, as I have often repeated,, could. not be durable, because it had not an equal. operation.with respect to all. the: — | ranks of the citizens, the whole public power: was:lodged in the: hands of. the chiefs. and decemvyirs: of. the. highest nobility, without the counterbalancing authority of the tribunes of the people, without the sanction of any’ other’ magistracies, and without appeal to the people in the case of:a sentence of death or scourging.

Thus, out of the injustice of these men, there was ‘suddenly produced a great revolution, which changed the entire condition of the government; for they added two tables of very tyrannical laws, and though matrimonial alliances: had always been permitted, even with foreigners, they forbad, by the most abominable and inhuman: edict; that any marriages should take place between the nobles and: the:commons—an order which was afterwards abrogated by the decree of Canuleius. Besides, they introduced into all their political measures corruption, cruelty, and avarice. And indeed the story is: well known, and celebrated in’ many literary compositions, that a certain Decimus Virginius was obliged, on account of the libidinous violence of one of these decemvirs, to stab his virgin daughter in the midst. of the forum. Then; when he in his desperation had fled to the Roman army which was encamped on Mount Algidum, the soldiers abandoned the war in which they were engaged, and took possession of the Sacred’ Mount, as they had done before on: a similar’ occasion; and next invested Mount Aventine in their‘arms........ ' Our ancestors: knew how to prove a cons nee to. rotiies most wisely. * . ”

XXXVITI. And when Scipio had ia in this manner, and all his friends: were awaiting in silence the rest of his discourse, then said Tubero: Since these men who are older than I, my Scipio, make no fresh demands on: you,. I shall take the liberty to tell you what'I particularly: wish you:would explain in your subsequent’ remarks.

Do so, said Scipio, and I shall be glad to hear:

Then Tubero said:, You: appear to me to’ have spoken’ a panegyrie on our’ commonwealth of Rome: exclusively; though Leelius requested your views not only of the government of our own state, but of the policy of states:in general.. I have not, therefore, yet sufficiently learned from your discourse, with respect to that: mixed: form of government you most approve, by what discipline, moral:and legal, we may be» best: able to. aomsepeens neem maintain. it.

. XXXIX. Africanus replied : I think that we shall soon find an occasion better adapted to the discussion you have proposed, respecting the constitution and conservatism of states. As to the best form of government, I think on this point I have sufficiently answered the question of Leelius. For in answering him, I, in the first place, specifically noticed the three simple forms of government—monarchy, aristocracy, and democracy; and the three vicious constitutions contrary to them, into which they often degenerate ; and I said that none of these forms, taken separately, was absolutely good; but I described as preferable to either of them that mixed government which is composed of a proper amalgamation of these simple ingredients, If I have since depicted our own Roman constitution as an example, it was not in order to define the very best form of government, for that may be understood without an example; but I wished, in the exhibition of a mighty commonwealth actually in existence, to render distinct and visible what reason and discourse would vainly attempt to display without the assistance of experimental illustration.

Yet, if you still require me to describe the best form of government, independent of all particular examples, we must consult that exactly proportioned and graduated image of government which nature herself presents to her investigators, Since you..,.. this model of a city and people......

2. Pa which I also am searching for, and which I am anxious to arrive at.

_ Lelius.—You mean the model that would be approved by the truly accomplished politician ?

Scipio.—The same,

Leelius.—You have plenty of fair patterns even now before you, if you would but begin with yourself.

Then Scipio said, I wish I could find even one such, even in the entire senate. For he is really a wise politician who, as we have often seen in Africa, while seated on a huge and unsightly elephant, can guide and rule the monster, and turn him whichever way he likes by a slight admonition, without any actual exertion.

Lelius.—I recollect, and when I was yout lieutenant, I often saw one of these drivers.

Scipio.—Thus an Indian or Carthaginian regulates one of

' A great many pages are missing here,

OS ee ee ee et fee these huge animals, and renders him docile and familiar with human manners, But the genius which resides in the mind of man, by whatever name it may be called, is required to rein and tame a monster far more multiform and intractable, whenever it can accomplish it, which indeed is seldom. It is necessary to hold in with a strong hand that ferocious' * *

KLie*# * * * {beast, denominated the mob, which thirsts after blood] to such a degree that it can scarcely be sated with the most hideous massacres of men. * * .

But to a man who is greedy, and grasping, and lustful, and fond of wallowing in voluptuousness.

The fourth kind of anxiety is that which is prone to mourning and melancholy, and which is constantly worrying itself.

[Lhe next paragraph, “‘ Esse autem angores,” 5¢., is wholly unintelligible without the context. |

As an unskilful charioteer is dragged from his chariot, covered with dirt, bruised, and lacerated.

The excitements of men’s minds are like a chariot, with horses harnessed to it; in the proper management of which, the chief duty of the driver consists in knowing his road: and if he keeps the road, then, however rapidly he proceeds, he will encounter no obstacles ; but if he quits the proper track, then, although he may be going ently and slowly, he will either be perplexed on rugged ground, or fall over some steep place, or at least he will be carried where he has no need to go.? .

XLII. .... can be said.

Then Lelius said; I now see the sort of politician you require, on whom you would impose the office and task of government, which is what I wished to understand.

He must be an almost unique specimen, said Africanus, for the task which I set him comprises all others. He must never cease from cultivating and studying himself, that he may excite others to imitate him, and become, through the splendour of his talents and enterprises, a living mirror to hig countrymen. For as in flutes and harps, and in all vocal performances, a certain unison and harmony must be preserved amid the distinctive tones, which cannot be broken or violated without offending experienced ears; and as this con-

1 Several pages are lost here; the passage in brackets is found in onius under the word “ exulto.”

* This and other chapters, printed in smaller type, are generally presumed to be of doubtful authenticity, cord and delicious harmony is produced by the exact gradation: and modulation of dissimilar notes; even so, by means of the just’ apportionment of the highest, middle, and lower classes, the state is maintained in:concord and peace by the harmonic subordination of its: discordant elements: and thus, that which is by musicians called harmony in song, answers’ and: corresponds to what we call concord in the state—concord, the strongest: and loveliest bond of security in every commonwealth, being always accompanied by justice and equity..

XLII. And after this, when Scipio had discussed with consider: able breadth of principle and felicity of illustration, the great advantage that justice is to a state; and the great injury which would arise if it were wanting, Pilus, one of those who were present at the discussion, took up the matter and demanded. that this question should be argued more carefully, and that something more should be said about justice, on account of a sentiment that was now obtaining among people in general, that political affairs could not. be wholly carried on without some disregard of justice.

0.2 31 Ee to be full of justice.

Then Scipio replied: I certainly think so. And I declare to you, that I consider that all I have spoken respecting the government of the state is worth nothing, and that it will be useless to proceed further, unless I can prove that. it is a false assertion that political business cannot. be conducted without. injustice and corruption; and, on the other hand, establish as a most indisputable fact, that without. the strictest justice, no government whatever can last long.

But with your: permission, we’ have had discussion enough for the day:. The rest—and much remains for our consideration—we will defer till.to-morrow.. When they had.all agreed’ to this, the debate of the day was closed,

Introduction to the Third Book

BY THE ORIGINAL. TRANSLATOR.

Cicrro here enters on the grand. question. of Political Justice, and endeavours to evince throughout the absolute verity of that inestimable proverb—“ Honesty is the best policy”—in all public, as well as in all private affairs. St. Augustin, in his “ City of God,” has given the following analysis of this magnificent disquisition :—

“Tn the third book of Cicero’s Commonwealth (says he), the question of Political Justice is most earnestly discussed. Philus is appointed to support, as well as he can, the sophistical arguments of those who think that political government cannot be carried on without the aid of injustice and chicanery. He denies holding any such opinion himself; yet,in order to exhibit the truth more vividly through the force of contrast, he pleads with the utmost ingenuity the cause of injustice against justice; and endeavours to show, by plausible examples and specious dialectics, that injustice is as useful to a statesman as justice would be injurious. Then Leelius, at the general request, takes up the plea for justice, and maintains with all his eloquence that nothing could be so ruinous to states as injustice and dishonesty, and that without a supreme justice, no political government could expect a long duration. This point being sufficiently proved, Scipio returns to the principal discussion. He reproduces and enforces the short definition that he had. given of a Commonwealth,—that it consisted in the welfare of the entire people, by which word. ‘ people’ he does not mean the mob, but the community, bound together by the sense of common rights and mutual benefits. He notices how important such just definitions are in all debates-whatever, and draws this conclusion from. the preceding arguments,—that the Commonwealth is the common welfare, wheneyer it is swayed with justice and wisdom, whether it be subordinated to a king, an aristocracy, or a democracy. But if the king be unjust, and so becomes a tyrant, and the aristocracy unjust, which makes them a faction, or the democrats. unjust, and so degenerate into revolutionists and destructives—then not only the commonwealth is corrupted, but in fact annihilated.. For it cam be no longer the common welfare, when a tyrant or a faction abuse it; and the people itself is no longer the people when it becomes unjust, since it is no longera community associated by a sense of right

- and utility, according’to the definition.”—Aug. Civ. Det. 3—21.

This book is of the: utmost importance. to statesmen, as it. serves to

~ neutralize the sophistries of Machiavelli, which are still repeated in

BOOK Ii

I * * * * *1! Qicero, in the the third book of his treatise “On a Commonwealth” says that nature has treated man less like 2 mother than a step-dame, for she has cast him into mortal life with a body naked, fragile, and infirm; and with a mind agitated by troubles, depressed by fears, broken by labours, and exposed to passions. In this mind, however, there lies hid, and as it were buried, a certain divine spark of genius and intellect.

Though man is born a frail and powerless being, nevertheless he is safe from all animals destitute of voice; and at the same time those other animals of greater strength, although they bravely endure the violence of weather, cannot be safe from man, And the result is, that reason does more for man than nature does for brutes; since, in the latter, neither the greatness of their strength, nor the firmness of their bodies, can save them from being oppressed by us, and made subject tO OU Dower, a's sae

Plato returned thanks to nature that he had been born

Ne. ee ee eo alding our slowness by carriages, and when it had taught men to utter the elementary and confused sounds of unpolished expression, articulated and distinguished them into their proper classes, and, as their appropriate signs, attached certain words to certain things, and thus associated, by the most delightful bond of speech, the once divided races of men.

_ And by a similar intelligence, the inflections of the voice, which appeared infinite, are, by the discovery of a few alphabetic characters, all designated and expressed ; by which we maintain converse with our absent friends, by which also indications of our wishes, and monuments of past events are preserved. Then came the use of numbers—a thing necessary to human life, and at the same time immutable and eternal ;

1 The beginning of this book is lost. The two first sfatigtaphs come, the one from St. Augustin, the other from Lactantius, a science which first urged us to raise our views to heaven, and not gaze without an object on the motions of the stars, and the distribution of days and nights.

Ill. ..... .1 [Then appeared the sages of philosophy], whose minds took a higher flight, and who were able to conceive and to execute designs worthy of the gifts of the gods. Wherefore let those men who have left us sublime essays on the principles of living be regarded as great men— which indeed they are—as learned men, as masters of truth and virtue; provided that these principles of civil government, this system of governing people—whether it be a thing discovered by men who have lived amid a variety of political events, or one discussed amid their opportunities of literary tranquillity—is remembered to be, as indeed it is, a thing by no means to be despised, being one which causes in first-rate minds, as we not unfrequently see, an incredible and almost divine virtue. And when to these high faculties of soul, received from nature, and expanded by social institutions, a politician adds learning and extensive information concerning things in general, like those illustrious personages who conduct the dialogue in the present treatise, none will refuse to confess the superiority of such persons to all others ; for, in fact, what can be more admirable than the study and practice of the grand affairs of state, united to a literary taste, and a familiarity with the liberal arts? or what can we imagine more perfect than a Scipio, a Lelius, or a Philus, who, not to omit anything which belonged to the most perfect excellence of the greatest men, joined to the examples of our ancestors and the traditions of our countrymen the . foreign philosophy of Socrates ?

Wherefore, he who had both the desire and the power to acquaint himself thoroughly both with the customs and the learning of his ancestors, appears to me to have attained to the very highest glory and honour. But if we cannot combine both, and are compelled to select one of these two paths of wisdom, though to some people the tranquil life spent in the research of literature and arts may appear to be the most happy and delectable; yet, doubtless, the science of politics is more laudable and illustrious, for in this political field of

1 Eight or nine pages are lost here,

350 ON “THE COMMONWEALTH.

exertion our greatest men have reaped their honours, like the invincible Curius— Whom neither gold nor iron could subdue.

Ty. * * ** ‘that wisdom existed still. There existed this general difference between these two classes, that among the one, the development of the principles of nature is the subject of their study and eloquence; and among the other, national laws and institutions form the principal topics of investigation.

In honour of our country, we may assert that she has produced within herself a great number, ‘I will not say, ‘of sages, (since philosophy is so jealous of this name,) but of men worthy of the highest celebrity, because by them the precepts and discoveries of the sages have been carried:out into actual practice. And,moreover, though there have existed;and still do exist, many great and glorious empires, yet since the noblest master-piece of genius in the world is the establishment of a state and commonwealth ‘which shall be a lasting one, even if we reckon but a single legislator for each empire, the number of these excellent men will appear ‘very numerous. To be convinced of this, we have only to turn our eyes ‘on any nation of Italy, Latium, the Sabines, ‘the Volscians, the Samnites, or the Etrurians, and then direct our attention to that mighty nation of the Greeks, and ane yo the Assyrians, Persians, and Carthaginians, and * * =

Vy. * * * [Scipio and his friends rele sana Scipio spoke as follows:—In our last conversation, I promised to prove that honesty is the best policy in all -states and commonwealths whatsoever. But if I am to ‘plead in favour of strict honesty and justice in all public affairs, no less than in private, I must request Philus, or some one else, to take wp the advocacy of the other side; the truth will then become more manifest, from ‘the collision «of opposite arguments, as we see every day exemplified at ‘the Bar. |

And Philus replied: In good truth you have ‘allotted me a very creditable cause, when “you wish me to undertake the defence of ‘vice.

Perhaps, said Leelius, you are afraid, lest, in reproducmg the ordinary objections made to justice in’ politics, ‘you should seem to express your own sentiments; though you are univer-

1 Here six pages:are lost. 2 Here twelve pages are missing.

sally respected as an almost unique example of the ancient probity and good faith ; noris it unknown how familiar you are with ‘the lawyer-like habit of disputing on both sides of a question, because you think that this is the best way of getting at the truth.

And Philus said.: Very well ; I obey you, and wilfully with my eyes open, I will undertake this dirty business:; because, since those who seek for gold do not flinch at the sight of the mud, ‘so we who are searching for justice, which is far:‘more precious than gold, are bound to shrink from no annoyance. And I wish, as I am about to make use of the antagonist arguments .of a foreigner, I:might also employ a foreign language. The pleas, therefore, now to be urged by -Lucius Furius Philus, are those [once employed iby] the Greek Carneades, a man who was accustomed to express whatever fserved his turn]. * * * * *? Let it'be understood, therefore, that I by no means express my own sentiments, but those of Carneades, in order that you may refute this philosopher, who was wont to turn the best.causes into joke, through the mere wantonness of wit.

VI. He was a philosopher of the Academic School, and if any one is ignorant of his great power, and eloquence, ‘and acuteness in arguing, he:may learn it from the mention made of him by Cicero:or by Lucilius, when Neptune, discoursing ‘on a very difficult subject, declares that it cannot be-explained, not even if hell were to:restore

1“We have been obliged to insert two or three of these sentences between brackets, which are not found in the original, for the sake of showing the drift of the arguments of Philus. He himself was fully convinced that justice and morality were of eternal and immutable obligation, and that the best interests of all beings lie in their perpetual development and application. This eternity of Justice is: beautifully illustrated by Montesquieu. “Long,” says:he, “before positive laws were instituted, the moral relations of justice were absolute and universal. To say that there were no justice.or injustice, but that which depends on the injunctions or prohibitions of positive laws, is to say that the radii-which spring from a centre, are not equal till we have formed a circle to illustrate the proposition. We must, therefore, acknowledge that the relations of equity were antecedent to the positive laws which corroborated ‘them:” But though ‘Philus was fully convinced ofthis, in order to give his friends Scipio and Lelius an opportunity of proving it, he frankly brings forward every argument for injustice that-sophistry had-ever cast in the teeth of reason.—By the original Translator.

2 Here four pages are missing. The following sentence is preserved in Nonius.

Carneades himself for the purpose. This philosopher, having been sent by the Athenians to Rome as an ambassador, discussed the subject of justice very amply in the hearing of Galba and Cato the censor, who were the greatest orators of the day. And the next day he overturned all his arguments by others of a contrary tendency, and disparaged justice, which the day before he had extolled; speaking not indeed with the gravity of a philosopher whose wisdom ought to be steady, and whose opinions unchangeable, but in a kind of rhetorical exercise of arguing on each side—a practice which he was accustomed to adopt, in i, to be able to refute others who were asserting anything. The arguments by which he disparaged pice are mentioned by Lucius Furius in Cicero; I suppose, since 1e was discussing the Commonwealth, in order to introduce a defence and panegyric of that quality without which he did not think a Commonwealth could be administered. But Carneades, in order to refute Aristotle and Plato, the advocates of justice, collected in his first argument everything that was in the habit of being advanced on behalf of justice, in order afterwards to be able to overturn it, as he did. , ) VII. Many philosophers indeed, and especially Plato and Aristotle, have spoken a great deal of justice, inculcating that virtue, and extolling it with the highest praise, as giving to every one what belongs to him, as preserving equity in all thimgs, and urging that while the other virtues are as it were silent and shut up, justice is the only one which is not absorbed in considerations of self-interest, and which is not secret, but finds its whole field for exercise out of doors, and is desirous of doing good and serving as many people as possible; as if, forsooth, justice ought to exist in judges only, and in men invested with a certain authority, and not in every one! But there is no one, not even a man of the lowest class, or a beggar, who is destitute of opportunities of displaying justice. But because these philosophers knew not what its essence was, or whence it proceeded, or what its employment was, they attributed that first of all virtues, which is the common good of all men, to a few only, and asserted that it aimed at no advantage of its own, but was anxious only for that of others. So it was well that Carneades, a man of | the greatest genius and acuteness, refuted their assertions, and overthrew that justice which had no firm foundation; not because he thought justice itself deserving of blame, but in order to show that those its defenders had brought forward no trustworthy or strong arguments in its behalf. avo ~ Justice looks out of doors and is prominent and conspicuous in its whole essence. | Which virtue, beyond all others, wholly devotes and dedicates itself to the advantage of others, |

VIII * * * * Both to discover and maintain. While the other, Aristotle, has filled four large volumes with a discussion on abstract justice. For I didnot expect anything grand or magnificent from Chrysippus, who, after his usual fashion, examines everything rather by the signification of words, than the reality of things. But it was surely worthy of those heroes of philosophy, ‘to ennoble by their genius a virtue so eminently beneficent and liberal, which everywhere exalts the social interests above the selfish; and teaches us to love others rather than ourselves. It was worthy of their genius, we say, to elevate this virtue to a divine throne, not far from that of Wisdom. And certainly they neither wanted the will to accomplish this; for what else could be the cause of their writing on the subject, or what could have been their design? nor the genius, in which they excelled all men. But the weakness of their cause was too great for either their intention and their eloquence to make it popular. In fact, this justice on which we reason is a civil ‘right, but no natural one; for if it were natural and universal, then justice and injustice would be recognised similarly by all men, just as the heat and cold, sweetness and bitterness.

IX. Now if any one, carried in that chariot of winged serpents, of which the poet Pacuvius makes mention, could take his flight over all nations and cities, and accurately observe their proceedings, he would see that the sense of justice and right varies in different regions. In the first place, he would behold among the unchangeable people of Egypt, which preserves in its archives the memory of so many ages and events, a bull adored as a deity, under the name of Apis, and a multitude of other monsters, and all kinds of animals admitted by the same nation into the number of the gods.

In the next place, he would see in Greece, as among ourselves, magnificent temples consecrated by images in human form, which the Persians regarded as impious ; and it is affirmed that the sole motive of Xerxes for commanding the conflagration of the Athenian temples, was the belief that it was a superstitious sacrilege to keep confined within narrow walls the gods, whose proper home was the entire universe. But afterwards Philip, in his hostile projects against the Persians, and Alexander, who carried them into execution, alleged this plea for war, that they were desirous to avenge the temples

DE NAT. ETC, AA of Greece, which the Greeks had thought proper never to rebuild, that this monument of the impiety of the Persians might always remain before the eyes of their posterity.

How many, such as the inhabitants of Taurica along the Euxine Sea—as the king of Egypt, Busiris—as the Gauls and the Carthaginians—have thought it exceedingly pious and agreeable to the gods to sacrifice men! And, besides, the customs of life are so various, that the Cretans and A®tolians regard robbery as honourable. And the Lacedeemonians say that their territory extends to all places which they can touch with a lance. The Athenians hada custom of swearing by a public proclamation, that all the lands which produced olives and corn were their own. The Gauls consider it a base employment to raise corn by agricultural labour, and go with arms in their hands, and mow down the harvests of neighbouring peoples. But we ourselves, the most equitable of all nations, who, in order to raise the value of our vines and olives, do not permit the races beyond the Alps to cultivate either vineyards or oliveyards, are said in this matter to act with prudence, but not with justice. You see, then, that wisdom and policy are not always the same as equity. And Lycurgus, that famous inventor of a most admirable jurisprudence, and most wholesome laws, gave the lands of’ the rich to be cultivated by the common people, who were reduced to slavery. jie - X&. If I were to describe the diverse kinds of laws, institutions, manners, and customs, not only as they vary in the numerous nations, but. as they vary likewise in single cities—in this one of ours, for example—I could prove that they have had a thousand revolutions. For instance, that eminent expositor of our laws who sits in the present company—lI mean Manilius—if you were to consult him relative to the legacies and inheritances of women, he would tell you that the present law is quite different from that he was accustomed to plead in his youth, before the Voconian enactment came into force—an edict which was passed in favour of the interests of the men, but which is evidently full of injustice with regard to women. For why should a woman be disabled from inheriting property? Why can a vestal virgin become an . heir, while her mother cannot? And why, admitting that it is necessary to set some limit to the wealth of women, should

Crassus’ daughter, if she be his only child, inherit thousands without offending the law, while my angie can any receive a small share in a bequest ?’ *

XI. * * * [If this justice were natural, innate, and universal, all men would admit the same] law and right, and the same men would not enact different laws at different times. If a just man and a virtuous man is bound to obey the laws, I ask, what laws do you mean? Do you intend all the laws indifferently ? - -But neither does virtue permit this inconstancy in moral obligation, nor is such a variation compatible with natural conscience. The laws are, therefore, based not on our sense of justice, but on our fear of punishment. There is, therefore, no natural justice; and hence it follows that men cannot be just by nature.

Are men then to say, that variations indeed do exist in the laws, but that men who are virtuous through natural conscience follow that which is really justice, and not a mere semblance and disguise, and that it is the distinguishing characteristic of the truly just and virtuous man to render every one his due rights? Are we, then, to attribute the first of these characteristics to animals? For not only men of moderate abilities, but even first-rate sages and philosophers, as Pythagoras and Empedocles, declare that all kinds of living creatures have a right to the same justice. They declare that inexpiable penalties impend over those who have done violence to any animal whatsoever. It is, therefore, a crime to injure an animal, and the perpetrator ofsuch crime! * *

XII. For when he? inquired of a pirate by what right he dared to infest the sea with his little brigantine: “ By the same right,” he replied, ‘* which is your warrant for conquering the world. 12 ee ae Wisdom and prudence instruct us by all means to increase our power, riches, and estates. For by what means could this same Alexander, that illustrious general, who extended his empire over all Asia, without violating the property of other men, have acquired such universal dominion, enjoyed so many pleasures, such great power, and reigned without bound or limit ?

But justice commands us to have mercy upon all men, to © consult the interests of the whole human race, to give to

1 Two pages are missing here. 1 Several pages are missing here. 2? He means Alexander the Great.

AAZ every one his due, and to injure no sacred, public, or foreign rights, and to forbear touching what does not belong to us. What is the result, then? If you obey the dictates of wisdom, then wealth, power, riches, honours, provinces, and kingdoms, from all classes, peoples, and nations, are to be aimed at.

However, as we are discussing public matters, those examples are more illustrious which refer to what is done publicly. And since the question between justice and policy applies equally to private and public affairs, I think it well to speak of the wisdom of the people. I will not, however, mention other nations, but come at once to our own Roman people, whom Africanus, in his discourse yesterday, traced from the eradle, and whose empire now embraces the whole world.— Justice is’ ¥ be we ® * * *

XIII. How far utility is at variance with justice we may learn from the Roman people itself, which, declaring war by means of the - fecials, and committing injustice with all legal formality, always coveting and laying violent hands on the property of others, acquired the possession of the whole world.

What is the advantage of one’s own country, but the disadvantage _ of another state or nation, by extending one’s dominions by terri tories evidently wrested from others, increasing one’s power, im~proving one’s revenues, &c.? Therefore, whoever has obtained these advantages for his country,—that is to say, whoever has overthrown cities, subdued nations, and by these means filled the treasury with money, taken lands, and enriched his fellow-citizens,—such a man is extolled to the skies; is believed to be endowed with consummate and: perfect virtue; and this mistake is fallen into not only by the populace and the ignorant, but by philosophers, who even give rules for injustice. -

XIV. * * * * For all those who haye the right of life and death over the people are in fact tyrants; but they prefer being called by the title of king, which belongs to the all-cood Jupiter. But when certain men, by favour of wealth, birth, or any other means, get possession of the entire government, it is a faction; but they choose to denominate themselves an aristocracy.—lIf the people gets the upper hand, and rules everything after its capricious will, they call it liberty, but it is in fact licence.—And when every man is a guard upon his neighbour, and every class is a guard upon every other class, then because no one trusts in his own strength, a

1 Six or eight pages are lost here..

kind of compact is formed between the great and the little, from whence arises that mixed kind of government which Scipio has been commending. Thus justice, according to these facts, is not the daughter of nature or conscience, but of human imbecility. For when it becomes necessary to choose between these three predicaments, either to do wrong without retribution, or to do wrong with retribution, or to do no wrong at all; it is best to do wrong with impunity; next, neither to do wrong, nor to suffer for it; but nothing is more wretched than to struggle incessantly between the wrong we inflict and that we receive. ‘Therefore, he who attains to that first end.’ * * * + *

XV. This was the sum of the argument of Carneades : that men had established laws among themselves from considerations of advantage, varying them according to their different customs, and altering them often so as to adapt them to the times; but that there was no such thing as natural law; that all men and all other animals are led to their own advantage by the guidance of nature; that there is no such thing as justice, or if there be, that it is extreme folly, since aman would injure himself while consulting the interests of others. And he added these arguments, that all nations who were flourishing and dominant, and even the Romans themselves, who were the masters of the whole world, if they wished to be just, that is to say, if they restored all that belonged to others, would have to return to their cottages, and to lie down in want and misery. _ Except, perhaps, of the Arcadians and Athenians, who, I presume, dreading that this great act of retribution might one day arrive, pretend that they were sprung from the earth, like so many field mice.

XVI. In reply to these statements, the following arguments are often adduced by those who are not unskilful in discussions, and who, in this question, have all the greater weight of authority, because, when we inquire, who is a good man? understanding by that term a frank and singleminded man, we have little need of captious casnists, quibblers, and slanderers. For those men assert, that the wise man does not seek virtue because of the personal gratification which the practice of justice and beneficence procures him, but rather because the life of the good man is free from fear, care, solicitude, and peril; while, on the other hand, the wicked always feel in their souls a certain suspicion, and

1 A great many pages are missing here, a always behold before their eyes images of judgment and punishment. Do not you think, therefore, that there is any benefit or that there is any advantage which can be procured by injustice, precious enough to counterbalance the constant pressure of remorse, and the haunting consciousness that retribution awaits the sinner, and hangs over his devoted head.’ * * * * %

XVII. [Our philosophers, therefore, put a case. Suppose, say they, two men, one of whom is an excellent and admirable person, of high honour and remarkable integrity; the latter is distinguished by nothing but his vice and audacity. And suppose that their city has so mistaken their characters, as to imagine the good man to be a scandalous, impious, and audacious criminal, and to esteem the wicked man, on the contrary, as a pattern of probity and fidelity. On account of this error of their fellow-citizens, the good man is arrested and tormented, his hands are cut off, his eyes are plucked out, he is condemned, bound, burnt, extermi]nated, reduced to want, and to the last appears to all men to be most deservedly the most miserable of men. On the other hand, the flagitious wretch is exalted, worshipped, loved by all, and honours, offices, riches, and emoluments, are all conferred on him, and he shall be reckoned by his fellow-citizens the best. and worthiest of mortals, and in the highest degree deserving of all manner of prosperity. Yet, for all this, who is so mad as to doubt which of these two men he would rather be ?

XVIII. What happens among individuals, happens also among nations. There is no state soabsurd and ridiculous, as not to prefer unjust dominion to just subordination. I need not go far for examples. During my own consulship, when you were my fellow-counsellors, we consulted respecting the treaty of Numantia. No one was ignorant that Quintus Pompey had signed a treaty, and that Mancinus had done the same. The latter, being a virtuous man, supported the proposition which I laid before the people, after the decree of the senate. The former, on the other side, opposed it vehemently. If modesty, probity, or faith had been regarded, Mancinus would have carried his point; but in reason, counsel, and prudence, Pompey surpassed him. Whether? * * *

1 Six or eight pages are missing here. ? Several pages are lost here.

XIX. If a man should have a faithless slave, or an unwholesome house, with whose defect he alone was acquainted, and he advertised them for sale, would he state the fact that his servant was infected with knavery, and his house with malaria, or would he conceal these objections from the buyer! If he stated those facts he would be honest, no doubt, because he would deceive nobody ; but still he would be thought a fool, because he would either get very little for his property, or else fail to sell it at all. By concealing these defects, on the other hand, he will be called a shrewd man—as one who has taken care of his own interest; but he will be a rogue, notwithstanding, because he will be deceiving his neighbours. Again, let us suppose that one man meets another, who sells gold and silver, conceiving them to be copper or lead ; shall he hold his peace that he may make a capital bargain, or correct the mistake, and purchase ata fair rate? He would evidently be a fool in the world’s opinion, if he preferred the latter.

XX. It is justice, beyond all question, neither to commit murder nor robbery. What then would your just man do, if, in a case of shipwreck, he saw a weaker man than himself get possession of a plank? Would he not thrust him off, get hold of the timber himself, and escape by his exertions, especially as no human witness could be present in the mid-sea? If he acted like a wise man of the world, he would certainly do so, for to act in any other way would cost him his life. If, on the other hand, he prefers death to inflicting unjustifiable ‘injury on his neighbour, he will be an eminently honourable and just man, but not the less a fool, because he saved another’s life at the expense of his own. Again, if in case of a defeat and rout, when the enemy were pressing in the rear, this just man should find a wounded comrade mounted on a horse, shall he respect his right at the risk of being killed himself, or shall he fling him from the horse in order to preserve his own life from the pursuers? If he does so he is a wise man, but at the same time a wicked one; if he does not he is admirably just, but at the same time stupid. :

XXI. Scipio.—I might reply at great length to these sophistical objections of Philus, if it were not, my Leelius, that all our friends are no less anxious than myself to hear you take a leading part in the present debate, especially as you promised yesterday that you would plead at large on my side of the argument. If you cannot spare time for this, at any rate do not desert us; we all ask it of you,

Lelius.—This Carneades ought not to be even listened to by our young men. I think all the while that I am hearing him, that he must be a very impure person; if he be not, as I would fain believe, his discourse is not less pernicious,

XXII.’ True law is right reason conformable to nature, universal, unchangeable, eternal, whose commands urge us to duty, and whose prohibitions restrain us from evil, Whether it enjoins or forbids, the good respect its injunctions, and the wicked treat them with indifference. -This law cannot be contradicted by any other law, and is not liable either to derogation or abrogation, Neither the senate nor the people can give us any dispensation for not obeying this universal law of justice. It needs no other expositor and interpreter than our own conscience. It is not one thing at Rome, and another at Athens; one thing to-day, and another to-morrow ; but in all times and nations this universal law must for ever reign, eternal and imperishable. It is the sovereign master and emperor of all beings. God himself is its author, its promulgator, its enforcer. And he who does not obey it flies from himself, and does violence to the very nature of man. And by so doing he will endure the severest penalties even if he avoid the other evils which are usually accounted punishments, : :

XXIII. I am aware that in the third book of Cicero’s treatise on the Commonwealth (unless I am mistaken), it is argued that no war is ever undertaken by a well-regulated commonwealth, unless it be one either for the sake of keeping faith, or for safety; and what he means by a war for safety, and what safety he wishes us to understand, he points out in another passage, where he says, ‘‘ But private men often escape from these penalties, which even the most stupid persons feel—want, exile, imprisonment, and stripes, by embracing the opportunity of a speedy death; but to states death itself is a enalty, though it appears to deliver individuals from punishment. For a state ought to be established so as to be eternal: therefore, there is no natural decease for a state, as there is for a man, in whose case death is not only inevitable, but often even desirable ; but when

1 This and the following chapters are not the actual words of Cicero, i quotations by Lactantius and Augustine, of what they affirm that e said, a ' a state is put an end to, it is destroyed, extinguished. It is in some degree, to compare small things with great; as if this whole world were to perish and fall to pieces.”

In his treatise on the Commonwealth, Cicero says those wars are unjust which are undertaken without reason. Again, after a few sentences, he adds, No war is considered just unless it be formally announced and declared, and unless it be to obtain restitution of what has been taken away.

But our nation, by defending its allies, has now become the master of all the whole world.

XXIV. Also, in that same treatise on the Commonwealth, he argues most strenuously and vigorously in the cause of “justice against injustice. And since when a little time before the part of injustice was upheld against justice, and the doctrine was urged that a republic could not prosper and flourish except by injustice, this was put forward as the strongest argument, that it was unjust for men to serve other men as their masters; but that unless a dominant state, such as a great republic, acted on this injustice, it could not govern its provinces; answer was made on behalf of justice, that it was just that it should be so, because slavery is advantageous to such men, and their interests are consulted by a right course of conduct,—that is, by the licence of doing injury being taken from the wicked,—and they will fare better when subjugated, because when not subjugated they fared worse: and to confirm this reasoning, a noble instance, taken as it were from nature, was added, and it was said, Why then does God govern man, and why does the mind govern the body, and reason govern lust, and the other vicious parts of the mind ?

XXV. Hear what Tully says more plainly still in the third book of his treatise on the Commonwealth, when discussing the reasons for government. Do we not, says he, see that nature herself has - given the power of dominion to everything that is best, to the extreme advantage of what is subjected to it? Why then does God govern man, and why does the mind govern the body, and reason | govern lust and passion and the other vicious parts of the same mind? Listen thus far; for presently he adds, But still there are dissimilarities to be recognised in governing and in obeying. For as the mind is said to govern the ae , and also to govern lust, still it governs the body as a king governs his subjects, or a parent his children; but it governs lust as a master governs his slaves, because it restrains and breaks it, The authority of kings, of generals, of magistrates, of fathers, and of nations, rules their subjects and allies as the mind rules bodies; but masters control their slaves, as the best part of the mind—that is to say, wisdom controls the vicious and weak parts of itself, suchas lust, passion, and the other perturbations.

- For there is a kind of unjust slavery when those belong to some one else who might be their own masters; but when those are slaves who cannot govern themselves, there is no injury done.

XXVI. If, says Carneades, you were to know that an asp was lying hid anywhere, and that some one who did not know it was going to sit upon it, whose death would be a gain to you, you would act wickedly if you did not warn him not to sit down. Still you would not be lable to punishment. For who could prove that you had known? But we are bringing forward too many instances; for it is plain that unless equity, good faith, and justice proceed from nature; and if all these things are referred to interest, a good man cannot be found. And on these topics a great dealis said by Leelius, in our treatise on the Republic.

' If, as we are reminded by you, we have spoken well in that treatise, when we said that nothing is good excepting what is honourable, and nothing bad excepting what is disgraceful. * * * *

XXVII. I am glad that you approve of the doctrine, that the affection borne to our children is implanted by nature; indeed, if it be not, there can be no connexion between man and man which has its origin in nature. And if there be not, then there is an end of all society in life. May it turn out well, says Carneades, speaking shamelessly, but still more sensibly than my friend Lucius or Patro:: for, as they refer everything to themselves, do they think that anything is ever done for the sake of another? And when they say, that a man ought to be good, in order to avoid misfortune, not because it is right by nature, they do not perceive that they are speaking of a cunning man, not of a good one. But these arguments are argued, I ithink, in those books, by praising which you have given me spirits.

In which I agree that an anxious and hazardous justice is not that of.a wise man. - XXVIII. And again, in Cicero, that same advocate of justice, Leelius, says, Virtue is ‘clearly eager for honour, nor has she any other reward; which, however, she accepts easily, and exacts without bitterness. And in another place the same Lelius says:

When a man is inspired by virtue such as this, what bribes — can you offer him, what treasures, what thrones, what empires? He considers these but mortal goods, and esteems his own divine. And if the ingratitude of the people, and the envy of his competitors, or the violence of powerful enemies, despoil his virtue of its earthly recompense, he still enjoys a thousand consolations in the approbation of conscience, and sustains himself by contemplating the beauty of moral rectitude. : | XXIX. * * * This virtue, in order to be true, must be pniversal. Tiberius Gracchus continued faithful to his fellowcitizens, but he violated the rights and treaties guaranteed to our allies and the Latin peoples: But if this habit of arbitrary violence begins to extend itself further, and perverts our authority, leading it from right to violence, so that those who had voluntarily obeyed us are only restrained by fear; then although we, during our days, may escape the peril, yet am. I solicitous respecting the safety of our posterity, and the immortality of the commonwealth itself, which, doubtless, might become perpetual and invincible, if our people would maintain their ancient institutions and manners.

XXX. When Leelius had ceased to speak, all those that were present expressed the extreme pleasure they found in his discourse. But Scipio, more affected than the rest, and ravished with the delight of sympathy, exclaimed—You have pleaded, my Leelius, many causes with an eloquence superior to that of Servius Galba, our colleague, whom you used during his life to prefer to all others, even to the Attic orators, [and never did I hear you speak with more energy than to-day, while pleading the cause of justice. |1

* %« * %* hat two things were wanting to\enable him to speak in public and in the forum, confidence and voice.

XXXI. * * * This justice, continued Scipio, is the very foundation of lawful government in political constitutions. Can we call the state of Agrigentum a commonwealth, where - all men are oppressed by the cruelty of a single’ tyrant— where there is no universal bond of right, nor social consent and fellowship, which should belong to every people, properly so named? It is the same in Syracuse,—that illustrious city which Timeeus calls the greatest of the Grecian towns. It was indeed a most beautiful city; and its admirable citadel, its canals distributed through all its districts, its broad streets, its porticoes, its temples, and its walls, gave Syracuse the appearance of a most flourishing state. But while Dionysius its tyrant reigned there, nothing of all its wealth belonged to the people, and the people were nothing better than the slaves of one master. “Thus, wherever I behold a tyrant, I know that the social constitution must ‘be not merely vicious and corrupt, as I.stated yesterday, but in strict truth no social constitution at all.

1 Twelve pages are missing here.

XXXII. Lelius.—You have spoken admirably, my Scipio, and I see the point of your.observations.

Scypio.— You grant, then, that a state which is entirely in the power of a faction, cannot justly be entitled a political community ?

Lelius.—That is evident.

Seypto.— You judge most correctly. For what was the state of Athens when; during the great Peloponnesian war, she fell under the unjust domination of the thirty tyrants? The antique glory of that city, the imposing aspect of its edifices, its theatre, its gymnasium, its porticoes, its temples, its citadel, the admirable sculptures of Phidias, and the magnificent harbour of Pirseus,—did they constitute it a commonwealth ?

Lelius.—Certainly not, because these did not constitute the real welfare of the community.

Scipro.—And at Rome, when the decemvirs ruled without appeal from their decisions, in the third year of their power, had not liberty lost all its securities and all its blessings ?

Leelius.—Yes; the welfare of the community was no longer consulted, and the people soon roused themselves, and recovered their appropriate rights, |

XXXIII. Scipio.—I now come to the third, or democratical, form of government, in which a considerable difficulty presents itself, because all things are there said to lie at the disposition of the people, and are carried into execution just as they please, Here the populace inflict punishments at their pleasure, and act, and seize, and keep possession, and distribute property, without let or hindrance. Can you deny, my Leelius, that this is a fair definition of a democracy, where the people are all in all, and where the people constitute the state ?

Lelius.—There is no political constitution to which I more absolutely deny the name of a commonwealth, than that in which all things lie in the power of the multitude. Ifa commonwealth, which implies the welfare of the entire community, could not exist in Agrigentum, Syracuse, or Athens, when tyrants reigned over them,—if it could not exist in Rome, when under the oligarchy of the decemvirs,—neither do I see how this sacred name of commonwealth can be applied to a democracy, and the sway of the mob; because, in the first place, my Scipio, I build on your own admirable definition, that there can be no community, properly so called, unless it be regulated by a combination of rights. And, by this definition, it appears that a multitude of men may be just as tyrannical as a single despot; and it is so much the worse, since no monster can be more barbarous than the mob, which assumes the name and appearance of the people. "Nor is it at all reasonable, since the laws place the property of madmen in the hands of their sane relations, that we should do the [very reverse in politics, and throw the property «ik the sane into the anaes of the mad multitude]. * m

XXXIV. * * * [Itis ae more satis to assert ie a wise and virtuous aristocratical government deserves the title of a commonwealth, as it approaches to the nature of a kingdom.

And much more so in my opinion, said Mummius. For the unity of power often exposes a king to become a despot ; but when an aristocracy, consisting of many virtuous men, exercise power, that is the most fortunate circumstance possible for any state. However this be, I much prefer royalty to democracy ; for that is the third kind of government which you have remaining, and a most vicious one it is.

XXXV. Scipio replied—I am well acquainted, my Mummius, with your decided antipathy to the democratical system. And, although we may speak of it with rather more indulgence than you are accustomed to accord it, I must certainly agree with you, that of all the three particular forms

-of government, none is less commendable than democracy.

I do not agree with you, however, when you would imply that aristocracy is preferable to royalty. If you suppose that wisdom governs the state, is it not as well that this wisdom should reside in one monarch, as in many nobles ?

But we are led away by a certain incorrectness of terms in a discussion like the present. When we pronounce the word. “ aristocracy,’ which, in Greek, signifies the government of the best men, what can be conceived more excellent—for what can be thought better than the best? But when, on the other hand, the title “king” is mentioned, we begin to imagine a tyrant; as if a king must be necessarily unjust. But we are not speaking of an unjust king, when we are examining the true nature of royal authority. To this name of king, therefore, do but attach the idea of a Romulus, a

1 Hight pages are missing here.

Numa, a Tullus, and perhaps you will be less severe to the monarchical form of constitution. |

Mummius.—Have you, then, no commendation at all for any kind of democratical government ?

Scipwo.— Why, I think some democratical forms less objectionable than others; and by way of illustration, I will ask you what you thought of the government in the Isle of Rhodes, where we were lately together; did it appear to you a legitimate and rational constitution ?

Mummius.—I{t did, and not much liable to abuse.

Scipio.—You say truly. But if you recollect, it was a very extraordinary experiment. All the inhabitants were alternately senators and citizens. Some months they spent in their senatorial functions, and some months they spent in their civil employments. In both they exercised judicial powers; and in the theatre and the court, the same men judged all causes, capital and not capital. And they had as much influence, and were of as much importanceas * * : * * % * % .

FRAGMENTS.

XXXVI. There is therefore some unquiet feeling in individuals, which either exults in pleasure, or is crushed by annoyance.

[The next is an incomplete sentence, and, as such, unintelligible. |

The Phoenicians were the first who by their commerce, and by the merchandise which they carried, brought avarice and magnificence and insatiable degrees of everything into Greece.

Sardanapalus, the luxurious king of Assyria, of whom Tully, in the third book of his treatise on the Republic, says “the notorious Sardanapalus, far more deformed by his vices than even by his name.”

What is the meaning, then, of this absurd acceptation, unless some one wishes to make the whole of Athos a monument? For what is Athos or the vast Olympus? * * * *

XXXVII. I will endeavour in the progee place to show it, ac-— cording to the definitions of Cicero himself, in which, putting forth Scipio as the speaker, he has briefly explained what a commonwealth ra what a republic is; adducing also many assertions of his own, and of those whom he has represented as ra Port in that discusath!

sion, to the effect that the state of Rome was not such a commonwealth, because there has never been genuine justice in it. However, according to definitions which are more reasonable, it was a commonwealth in some degree, and it was better regulated by the more ancient than by the later Romans.

It is now fitting that I should explain, as briefly and as clearly as I can, what, in the second book of this work, I promised to prove, according to the definitions which Cicero, in his books on the Commonwealth, puts into the mouth of Scipio, arguing that the Roman state was never a commonwealth; for, he briefly defines a commonwealth as a state of the people: the people as an assembly of the multitude, united by a common feeling of right, and a community of interests. What he calls a common feeling of right he explains by discussion, showing in this way that a commonwealth cannot proceed without justice: where, therefore, there is no genuine justice, there can be no right; for that which is done according to right is done justly. And what is done unjustly, cannot be done according to right, for the unjust regulations of men are not to be called or thought rights; since they themselves call that right (jus) which flows from the source of justice: and they say that. that assertion which is often made by some persons of erroneous sentiments, namely, that that is right which is advantageous to the most powerful, is false. Wherefore, where there is no true justice, there can be no company of men united by a common feeling of right; there- - fore there can be no people (populus), according to that definition of Scipio or Cicero: and if there be no people, there can be no state of the people, but only of a mob such as it may be, which is not worthy of the name of a people. And thus, if a commonwealth is a state of a people, and if that 1s not a people which is not united by a common feeling of right, and if there is no right where there is no justice, then the undoubted inference is, that where there is no justice there is no commonwealth. Moreover, justice is that virtue which gives every one his own. 4

No war can be undertaken by a just and wise state, unless for faith or self-defence. ‘This self-defence of the state is enough to ensure its perpetuity, and this perpetuity is what - all patriots desire. Those afflictions which even the hardiest spirits smart under—poverty, exile, prison, and torment— private individuals seek to escape from by an instantaneous death. But for states, the greatest calamity of all is that of death, which to individuals appears a refuge. A state should be so constituted as to live for ever. For a commonwealth, there is no natural dissolution, as there is fora man, to whom death not only becomes necessary, but often desirable. And when a state once decays and falls, it is so utterly revolutionized, that if we may compare great things with small, it resembles the final wreck of the universe.

All wars, undertaken without a proper motive, are unjust. And no war can be reputed just, unless it be duly announced | and proclaimed, and if it be not preceded by a rational. demand for restitution. |

Our Roman commonwealth, by defending its allies, has got possession of the world.

BOOK IV.

Introduction by the Original Translator

In this Fourth Book Cicero treats of morals and education, and. the use and abuse of stage entertainments. We retain nothing of this important book, save a few scattered fragments, the beauty of which fills us with the greater regret for the passages we have lost.

FRAGMENTS.

I. * * * *® Since mention has been made of the body and of the mind, I will endeavour to explain the theory of each as well as the weakness of my understanding is able to comprehend it—a duty which I think it the more becoming in me to undertake, because Marcus Tullius, a man of singular genius, after having attempted to perform it in the fourth book of his treatise on the Commonwealth, | compressed a subject of wide extent within narrow limits, only touching lightly on all the principal points. And that there might be no excuse alleged for his not having followed out. this topic, he himself has assured us that he was ‘not wanting either in inclination or in anxiety to do so; for, in the first book of his treatise on Laws, when he was touching briefly on the same subject, he speaks thus : **This topic Scipio, in my opinion, has snificiently discussed in those books which you have read.”

And the mind itself, which sees the future, remembers the past. —

Well did Marcus Tullius say, In truth, if there is no one who would not prefer death to being changed into the form of some beast,

¢ although he were still to retain the mind of a man, how much more wretched is it to have the mind of a beast in the form of a man? To me this fate appears as much worse than the other, as the mind is superior to the body.

Tullius says somewhere that he does not think the good of a ram and of Publius Africanus identical.

And also by its being interposed, it causes shade and night, which is adapted both to the numbering of days, and to rest from labour.

‘And as in the autumn he has opened the earth to receive seeds, in winter relaxed it that it may digest them, and by the ripening powers of summer softened some, and burnt up others.

Cicero, in the fourth book of his Commonwealth, uses the word ** Armentum,” and Armentarius, derived from it.

II. The great law of just and regular subordination is the basis of political prosperity. There is much advantage in the harmonious succession of ranks, and orders, and classes, in which the suffrages of the knights and the senators have their due weight. ‘Too many have foolishly desired to destroy this institution, in the vain hope of receiving some new largess by a public decree, out of a distribution of the preperty of the nobility.

III. Consider, now, how wisely the other provisions have been adopted, in order to secure to the citizens the benefits of an honest and happy life; for that is, indeed, the grand object of all political association, and that which every government should endeavour to procure for the people, partly by its institutions, and partly by its laws.

Consider, in the first place, the national education of the people—a matter on which the Greeks have expended much labour in vain, and which is the only point on which Polybius, who settled among us, accuses the negligence of our institutions. or our countrymen have thought that education ought not to be fixed, nor regulated by laws, nor be given publicly and uniformly to all classes of society. For

According to Tully, who says, that men going to serve in the army have guardians assigned to them by whom they are governed the first year,

TV. [In our ancient laws, young men were prohibited from appearing| naked in the public baths—so far back were

— 1 Six or eight pages are missing here. DE NAT. ETC. BB the principles of modesty traced by our ancestors. Among the Greeks, on the contrary, what an absurd system of training youth is exhibited in their gymnasia! What a frivolous preparation for the labours and hazards of war! what indecent spectacles, what impure and licentious amours are permitted! I do not speak only of the Eleans and Thebans, among whom, in all love affairs, passion is allowed to run into shameless excesses; but the Spartans, while they permit every kind of licence to their young men, save that of violation, fence off by a very slight wall the very exception on which they insist, besides other crimes which I will not mention.

_ Then Leelius said—I see, my Scipio, that on the subject of the Greek institutions, which you censure, you prefer attacking the customs of the most renowned peoples, to contending with your favourite Plato, whose name you have avoided citing, especially as * * * .*

V. So that Cicero, in his treatise on the Commonwealth, says that it was a reproach to young men if they had no lovers.

Not only as at Sparta, where boys learn to steal and plunder.

And our master Plato, even more than Lycurgus; who would have . everything to be common, so that no one should be able to call anything his own property.

LI would send him to the same place whither he sends Homer, crowned with chaplets and anointed with perfumes, banishing him from the city which he is describing.

VI. The judgment of the censor inflicts scarcely anything more than a blush on the man whom he condemns. Therefore as all that adjudication turus solely on the name (zomex), the punishment is called ignominy. |

Nor should a prefect be set over women, an officer who is created among’ the Greeks; but there should be a censor to teach husbands to manage their wives. ,

So the discipline of modesty has great power. All women abstain from wine. | ! y

And also if any woman was of bad character, her relations used not to kiss her. | |

So petulance is derived from asking ( petendo). Wantonness (Procacitas) from procando, that is, from demanding. | _ VII. For Ido not approve of the same nation being the ruler and — the farmer of lands. But both in private families and in the affairs of the Commonwealth I look upon economy as a revenue. ee

Faith (Fides) appears to me to derive its name from that being done (fit) which is said. 7 :

In a citizen of rank and noble birth, caressing manners, display, and ambition are marks of levity. ,

Examine for a while the books on the Republic, and learn that good men know no bound or limit in consulting the interests of their country. See in that treatise with what praises frugality, and continency, and fidelity to the marriage tie, and chaste, honourable, and virtuous manners are extolled.

VIIL. I marvel at the elegant choice, not only of the facts, but of the language. If they dispute (jurgazt). It is a contest between well-wishers, not a quarrel between enemies, that is called a dispute. ( jurgium). :

Therefore the law considers that neighbours dispute (jurgare). rather than quarrel (ditigare) with one another. al

The bounds of man’s care and of man’s life are the same; so by: the pontifical law the sanctity of burial * * * * |

They put them to death, though innocent, because they had left those men unburied whom they could not rescue from the sea because: of the violence of the storm. )

Nor in this discussion have I advocated the cause of the populace, but of the good. 43

For one cannot easily resist a powerful people if one gives them either no rights at all, or very little. :

In which case T wish I could augur first with truth and fidelity: * * %& .

IX. Cicero saying this in vain, when speaking of poets,—“andwhen the shouts and approval of the people, as of some great and. wise teacher, has reached them, what darkness do they bring on; what alarms do they cause; what desires do they excite.”

Cicero says that if his life were extended to twice its length he should not have time to read the lyric poets. :

X. As Scipio says in Cicero, “ As: they thought the whole histrionic art, and everything connected with the theatre, discreditable,,. they thought fit that all men of that description should not only be deprived of the honours belonging to the rest of the citizens, but:. should also be deprived of their franchise by the sentence of the censors. | 3

_ And -what the ancient .Romans thought on this subject Cicero. informs us, in those books which he wrote on the Commonwealth, where Scipio argues.and says * * * * * .

Comedies could never (if it had not been authorized by, the common customs of life) have made theatres approve. of their scandalous exhibitions. And.the more ancient. Greeks provided a certain correction for the vicious taste’ of the people, by making a law that it should be expressly‘ defined by a censorship what subjects comedy should treat, and how she should treat them.

BBQ

Whom has it not attacked? or rather, whom has it not wounded? and whom has it. spared? In this, no doubt, it sometimes took the right side, and lashed the popular demagogues and seditious agitators, such as Cleon, Cleophon, and Hyperbolus. We may tolerate that; though indeed the censure of the magistrate would, in these cases, have been more efficacious than the satire of the poet. But when Pericles, who governed the Athenian Commonwealth for so many years with the highest authority, both in peace and war, was outraged by verses, and these were acted on the stage, it was hardly more decent than if, among us, Plautus and Nevius had attacked Publius and Cnzeus, or Ceecilius had ventured to revile Marcus Cato.

Our laws of the Twelve Tables, on the contrary—so careful to attach capital punishment to a very few crimes only— have included in this class of capital offences, the offence of composing or publicly reciting verses of libel, slander, and defamation, in order to cast dishonour and infamy on a fellow-citizen. And they have decided wisely; for our life and character should, if suspected, be submitted to the sentence of judicial tribunals, and the legal investigations of our magistrates, and not to the whims and fancies of poets. Nor should we be exposed to any charge of disgrace which we cannot meet by legal process, and openly refute at the bar.

In our laws, I admire the justice of their expressions, as well as their decisions. Thus the word pleading, signifies rather an amicable suit between friends, than a quarrel between enemies.

It is not easy to resist a powerful people, if you allow them no'rights, or next to none. :

’ The old Romans would not allow any living man to be either praised or blamed on the stage. |

XI. Cicero says that comedy is an imitation of life; a mirror of customs, an image of truth.

Since,.as is mentioned in that book on the Commonwealth, not only did Alschines the Athenian, a man of the greatest eloquence, who, when a young man, had been an actor of tragedies, concern himself in public affairs, but the Athenians often sent Aristodemus, who was also a tragic actor, to Philip as an ambassador, to treat of the most important affairs of peace and war,

BUOY,

INTRODUCTION BY THE ORIGINAL TRANSLATOR,

In this Fifth Book Cicero explains and enforces the duties of magistrates, and the importance of practical experience to all who undertake their important functions. Only a few fragments have survived the wreck of ages, and descended to us, ?

FRAGMENTS,

I. Enntus has told us— Of men and customs mighty Rome consists ;

which verse, both for its precision and its verity, appears to me as if it had issued from an oracle; for neither the men, unless the state had adopted a certain system of manners— nor the manners, unless they had been illustrated by the men—could ever have established or maintained for so many ages so vast a republic, or one of such righteous and exten- Sive sway.

Thus, long before our own times, the force of hereditary manners of itself moulded most eminent men, and admirable citizens in return gave new weight to the ancient customs and institutions of our ancestors. But our age, on the contrary, having received the commonwealth as a finished picture of another century, but one already beginning to fade through the lapse of years, has not only neglected to renew the colours of the original painting, but has not even cared to preserve its general form and prominent lineaments,

For what now remains of those antique manners, of which the poet said that our commonwealth consisted? They have now become so obsolete and forgotten, that they are not only

B74 ON THE COMMONWEALTED not cultivated, but they are not even known. And as to the men, what shall I say? For the manners themselves have only perished, through a scarcity of men; of which great misfortune we are not only called to give an account, but even, as men accused of capital offences, to a certain degree to plead our own cause in connexion with it. For it is owing to our vices, rather than to any accident, that we have retained the name of republic when we have long since lost the reality. :

I]. * * * There is no employment so essentially royal as the exposition of equity, which comprises the true interpretation of all laws. This justice, subjects used generally to expect from their kings. For this reason, lands, fields, ‘woods, and pastures, were reserved as the property of kings, and cultivated for them, without any labour on their part, in order that no anxiety on account of their personal interests might distract their attention from the welfare of the state. Nor was any private man allowed to be the judge or arbitrator in any suit; but all disputes were terminated by the royal sentence. :

And of all our Roman monarchs, Numa appears to me to have best preserved this ancient custom of the kings of Greece. For the others, though they also discharged this duty, were for the main part employed in conducting military enterprises, and in attending to those rights which belonged to war. But the long peace of Numa’s reign was the mother of law and religion in this city. And he was himself the author of those admirable laws which, as you are aware, are still extant. And this character is precisely what belongs to the man of whom we are speaking * * * * * |

III. [Scipio.—Ought not a farmer] to be acquainted with the nature of plants and seeds ?

Manilius.—Certainly, provided he attends to his practical business also. 3

Scipio.—Do you think that knowledge only fit for a_ steward ? ; ) _ Manilius.—Certainly not, inasmuch as the cultivation of land often fails for want of agricultural labour.

Scipio.—Therefore, as the steward knows the nature of a — field, and the scribe knows penmanship ; and as both of them seek, in their respective sciences, not mere amusement only,

THE SH CS Se ag

ON THE COMMONWEALTE. ~ 375 but practical utility: so this statesman of ours should have studied the science of jurisprudence .and legislation; he should have investigated their original sources ; but he should not embarrass himself in debating and arguing, reading and scribbling. He should rather employ himself in the actual administration of government, and become a sort of steward of it, being perfectly conversant with the principles of universal law and equity, without which no man can be just: not unfamiliar with the civil laws of ‘states ; but he will use them for practical purposes, even as a pilot uses astronomy, and a physician natural philosophy. For both these men bring their theoretical science to bear on the practice of their arts; and our statesman:|should do the same with the science of politics, and make it subservient to the actual interests of philanthropy and patriotism]. * * *

Iv. * * * * Jn states in which good men desire glory and approbation, and shun disgrace and ignominy. Nor are such men so much alarmed by the threats and penalties of the law, as by that sentiment of shame with which nature has endowed man, which is nothing else than a certain fear of deserved censure. The wise director of a government strengthens this natural instinct by the force of public opinion, and perfects it by education and manners. And thus the citizens are preserved from vice and corruption .

rather by honour and shame, than by fear of punishment.

But this argument will be better illustrated, when we treat of .

the love of glory and praise, which we shall. discuss on another occasion.

V. As respects the private life and the manners of the citizens, they are intimately connected with the laws that constitute just marriages and legitimate offspring, under the protection of the guardian deities, around the domestic hearths. By these laws, all men should be maintained in their rights of public and private property. It is only under a good government like this, that men can live happily—for nothing can be more delightful than a well-constituted state. —

On which account, a ee to me 2 Very strange ome what this * * *

VI. I therefore consume all my eae in meinintecins what is the power of that man, whom, as you think, we have described carefully enough in our books. Do you, then, admit our idea of that governor of a commonwealth to whom we wish to refer everything? For thus, I imagine, does Scipio speak in the fifth book, “For as a fair voyage is the object of the master of a ship, the health of his patient the aim of a physician, and victory that of a general, so the happiness of his fellow-citizens is the proper study of the ruler of a commonwealth; that they may be stable in power, rich in resource’, widely known in reputation, and honourable through their virtue. For a ruler ought to be one who can perfect this, which is the best and most important employment among mankind,

And works in your literature rightly praise that ruler of a country who consults the welfare of his people more than their inclinations.

VII. Tully, in those books which he wrote upon the Commonwealth, could not conceal his opinions, when he speaks of appointing a chief of the state, who, he says, must be maintained by glory ; and afterwards he relates that his ancestors did many admirable and noble actions from a desire of glory.

Tully, in his treatise on the Commonwealth, wrote that the chief of a state must be maintained by glory, and that a commonwealth would last as long as honour was paid by every one to the chief,

[The next paragraph is unintelligible. |

Which virtue is called fortitude, which consists of magnanimity, and a great contempt of death and pain. ’

VIII. As Marcellus was fierce, and eager to fight, Maximus prudent and cautious.

Who discovered his violence and unbridled ferocity.

Which has often happened not only to individuals, but also to most powerful nations.

In the whole world,

Because he inflicted the annoyances of his old age on your families. :

IX. Cicero, in his treatise on the Commonwealth, says, “As Menelaus of Lacedemon had a certain agreeable sweetness of ‘eloquence.” And in another place he says, “Let him cultivate brevity in speaking.” Mae

By the evidence of which arts, as Tully says, it is a shame for the conscience of the judge to be misled. For he says, “ And as nothing in a commonwealth ought to be so uncorrupt as a suffrage and a sentence, I do not see why the man who perverts them by money is worthy of punishment, while he who does so by eloquence is even raised. Indeed, I myself think that he who corrupts the judge by his speech, does more harm than he who does so by money, because “no one can corrupt a sensible man by money, though he may by speaking.” | : _. And when Scipio had said this, Mummius praised him greatly, for he was extravagantly imbued with a hatred of orators,

BOOK Vi, -

In this last book of his Commonwealth, Cicero labours to show that truly pious philanthropical and patriotic statesmen will not only be rewarded on earth by the approval of conscience, and the applause of all good citizens, but that they may expect hereafter immortal glory in new forms of being, ‘To illustrate this, he introduces the “ Dream of Scipio,” in which he explains the resplendent doctrines of Plato respecting the immortality of the soul with inimitable dignity and elegance, This Somnium Scipionis, for which we are indebted to the citation of Macrobius, is the most beautiful thing of the kind ever written. It has been intensely admired by all European scholars, and will be still more so. There are two translations of it in our language ; one attached to Oliver’s edition of Cicero’s Thoughts, the other by Mr. Danby, published in 1829. Of these we have freely availed ourselves, and as freely we express our acknowledgments,

SCIPIO’S DREAM,

I, THEREFORE you rely upon all the prudence of this rule, which has derived its very name ( prudentia) from foreseeing (a providendo). Wherefore the citizen must so prepare himself as to be always armed against those things which trouble the constitution of a state. And that dissension of the citizens, when one party separates from and attacks another, is called sedition; |

And in truth in civil dissensions, as the good are of more importance than the many, I think that we should regard the weight of the citizens, and not their number,

For the lusts, being severe’ mistresses of the thoughts, command and compel many an unbridled action, And as they cannot be satisfied or appeased by any means, they urge those whom they have inflamed with their allurements to every kind of atrocity.

II. Which indeed was so much the greater in him, because though the cause of the colleagues was identical, not only was their unpopularity not equal, but the influence of Gracchus was employed in - mitigating the hatred borne to Claudius, | ,

Who encountered the number of the chiefs and nobles with these words, and left behind him that mournful and dignified expression of his gravity and influence. ; |

That, as he writes, a thousand men might every day descend into the forum with cloaks dyed in purple.

[The neat paragraph is unintelligible. |

For our ancestors wished marriages to be firmly established.

There is a speech extant of Leelius with which we are all acquainted, expressing how pleasing to the immortal gods are the * * * and of the priests.

Ill. Cicero, writing about the Commonwealth, in imitation of Plato, has related the story of the return of Er the Pamphylian to life; who, as he says, had come to life again after he had been placed on the funeral pile, and related many secrets about the shades below; not speaking like Plato in a fabulous imitation of truth, but using a certain reasonable invention of an ingenious dream, cleverly intimating that these things which were uttered about the immortality of the soul, and about heaven, are not the inventions of dreaming philosaphers, nor the incredible fables which the Epicureans ridicule, but the conjectures of wise men. He insinuates that that Scipio, who by the subjugation of Carthage obtained Africanus as a surname for his family, gave notice to Scipio the son of Paulus of the treachery which threatened him from his relations, and the course of fate, because by the necessity of numbers he was confined in the period of a perfect life, and he says that he in the fifty-sixth year of hisage * * *

TV. Some of our religion who lore Plato, on account of his admirable kind of eloquence, and of some correct opinions which he held, say, that he had some opinions similar to my own touching the resurrection of the dead—which subject Tully touches on in his treatise on the Commonwealth, and says, that he was rather jesting than intending to say that was true. For he asserts, that a man returned to life, and related some stories which harmonised with the discussions of the Platonists. |

V. In this point the imitation has especially preserved the likeness of the work, because, as Plato, in the conclusion of his volume, represents a certain person who had returned to life, which he appeared to have quitted, as indicating what is the condition of souls when stripped of the body, with the addition of a certain not unnecessary description of the spheres and stars, an appearance of circumstances indicating things of the same kind is related by the Scipio of Cicero, as having been brought before him in sleep. nel

VI. Tully is found to have preserved this arrangement with no less judgment than genius. After, im every condition of the Commonwealth, whether of leisure or business, he has g the palm to justice, he has placed the sacred abodes of the immortal souls, and the secrets of the heavenly regions, on ‘the very summit of his completed work; indicating whither they must come or rather return, who have managed the republic with prudence, justice, fortitude, and moderation. But that Platonic relator of-secrets was a man of the name of Er, a Pamphylian by nation, a soldier by profession, who, after he appeared to have died from wounds received in battle, and twelve days afterwards was about to receive the honours of the funeral pile with the others who were slain at the same time, suddenly either recovering his life, (or else never having lost it,) as if he were giving a public | testimony, related to all men all that. he had done or seen in the days that he had thus passed between life and death. Although Cicero, as if himself conscious of the truth, grieves that this story has been ridiculed by the ignorant, still, avoiding giving an example of foolish reproach, he preferred speaking of the relator as of one awakened from a swoon rather than restored to life. :

VII. And before we look at the words of the dream we must explain what kind of persons they are by whom Cicero says that even the account of Plato was ridiculed, who are not apprehensive that the same thing may happen tothem. Nor, by this expression, does he wish the ignorant mob to be understood, but a kind of men who are ignorant of the truth, though pretending to be philosophers, with a display of learning; who it was notorious had read such things, and were eager to find faults. We will say, therefore, who they are whom he reports as having levelled light reproaches against so great a philosopher, and who of them has even left an accusation of him committed to writing, &c. The whole faction of the Kpicureans, always wandering at an equal distance from truth, and thinking everything ridiculous which they do not understand, has ridiculed the sacred volume, and the most venerable mysteries of nature. But Colotes, who is somewhat celebrated and remarkable for his loquacity among the pupils of Hpicurus, has even recorded in a book the bitter reproaches which he aims at him. But since the other arguments which he foolishly urges have no connexion with the dream of which we are now talking, we will pass them over at present, and attend only to the calumny which will stick both to Cicero and Plato, unless it is silenced. He says that a fable ought not to have been invented. by a philosopher, since no kind of falsehood is suitable to professors of truth. or why, says he, if you wish to give us a notion of heavenly things, and to teach us the nature of souls, did you not do so by a simple and plain explanation? why was a character invented, and circumstances, and strange events, and a scene of cunningly adduced falsehood arranged, to pollute the very door of the investigation of truth by a lie? ‘Since these things, though they are said of the Platonic Er, do also attack the rest of our dreaming Africanus.

VIII. This occasion incited Scipio to relate his dream, which he declares that he had buried in silence for a long time. For when Lelius was complaining that there were no statues of Nasica erected in any public place, as a reward for his having slain the tyrant,

Scipio replied in these words, * But, although the consciousness itself of great deeds is to wise men the most ample reward of virtue, yet that divine nature ought to have, not statues fixed in lead, nor triumphs with withering laurels, but some more stable and lastin kinds of rewards.” ‘“‘ What are they?” said Lelius. Then,” said Scipio, “suffer me, since we have now been keeping holiday for three days, * * * * &c,” By which preface he came to the relation of his dream; pointing out that those were the more stable and lasting kinds of rewards which he himself had seen in heayen reserved for good governors of commonwealths, :

IX. When I had arrived in Africa, where I was, as you are aware, military tribune of the fourth legion under the consul Manilius, there was nothing of which I was more earnestly _desirous than to see king Masinissa, who, for very just reasons, had been always the especial friend of our family. When I was introduced to him, the old man embraced me, shed tears, and then, looking up to heaven, exclaimed—lI thank thee, O supreme Sun, and ye also, ye other celestial beings, that before I depart from this life I behold in my kingdom, and in this my palace, Publius Cornelius Scipio, by whose mere name I seem to be re-animated; so completely and indelibly is the recollection of that best and most invincible of men, Africanus, imprinted in my mind.

After this, I inquired of him concerning the affairs of his kingdom, He, on the other hand, questioned me about the condition of our commonwealth, and in this mutual interchange of conversation we passed the whole of that day.

X. In the evening, we were entertained in a manner worthy the magnificence of a king, and carried on our discourse for a considerable part of the night. And during all this time the old man spoke of nothing but Africanus, all whose actions, and even remarkable sayings, he remembered distinctly. At last, when we retired to bed, I fell into a more profound sleep ‘than usual, both because I was fatigued with my journey, and because I had sat up the greatest part of the night.

Here I had the following dream, occasioned, as I verily believe, by our preceding conversation—for it frequently happens that the thoughts and discourses which have employed us in the day time, produce in our sleep an effect somewhat similar to that which Ennius writes happened to him about Homer, of whom, in his waking hours, he used frequently to think and speak,

Africanus, I thought, appeared to me in that shape, with which I was better acquainted from his picture, than from any personal knowledge of him. When I perceived it was he, I confess I trembled with consternation; but he addressed me, saying, Take courage, my Scipio, be not afraid, and carefully remember what I shall say to you. -

XI. Do you see that city Carthage, which, though brought under the Roman yoke by me, is now renewing former wars, and cannot live in peace? (and he pointed to Carthage from a lofty spot, full of stars, and brilliant, and glittering ;) to attack which city you are this day arrived in a station not much superior to that of a private soldier. Before two years, however, are elapsed, you shall be consul, and complete its overthrow; and you shall obtain, by your own merit, the surname of Africanus, which, as yet, belongs to you no otherwise than as derived from me. - And when you have destroyed Carthage, and received the honour of a triumph, and been made censor, and, in quality of ambassador, visited Egypt, Syria, Asia, and Greece, you shall be elected a second time consul in your absence, and, by utterly destroying Numantia, put an end to a most dangerous war.

But when you have entered the Capitol in your triumphal car, you shall find the Roman commonwealth all in a ferment, through the intrigues of my grandson Tiberius Gracchus,

XII. It is on this occasion, my dear Africanus, that you show your country the greatness of your understanding, capacity, and prudence. But I see that the destiny, however, of that time is, as it were, uncertain ; for when your age shall have accomplished seven times eight revolutions of the sun, and your fatal hours shall be marked out by the natural product of these two numbers, each of which is esteemed a perfect one, but for different reasons,—then shall the whole city have recourse to you alone, and place its hopes in your auspicious name. On you the senate, all good citizens, the allies, the people of Latium, shall cast their eyes; on you the preservation of the state shall entirely depend. In a word, 7f you escape the impious machinations of your relatives, you will, in quality of dictator, establish order and tr anquillity in the commonwealth.

When on this Leelius made an exclamation, and the rest of the company groaned loudly, Scipio, with a gentle smile, said’

—I entreat you, do not wake me out of my dream, but have patience, and hear the rest.

XIIi. Now, in order to encourage you, my dean Africanus, continued the shade of my ancestor, to defend the state with the greater cheerfulness, be assured that for all those who have in any way conduced to the preservation, defence, and enlargement of their native country, there is a certain place in heaven, where they shall enjoy an eternity of happiness. For nothing on earth is more agreeable to God, the Supreme Governor of the universe, than the assemblies and societies of men united together by laws, which are called States. It is from heaven their rulers and preservers came, and thither they return.

XIV. Though at these words I was extremely troubled, not, so much at the fear of death, as at the perfidy of my own relations ; yet I recollected myself enough to inquire, whether he himself, my father Paulus, and others whom we look upon as dead, were really living.

Yes, truly, replied he, they all enjoy life who have escaped from the chains of the body as from a prison. But as to what, you call life on earth, that is no more than one form of death. But see, here comes your father Paulus towards you! And as soon as I observed him, my eyes burst out into a flood of tears; but he took me in his arms, embraced me, and bade me not weep.

XV. When my first transports subsided, and I regained: the liberty of speech, 1 addressed my, father thus :—Thou best and most venerable of parents, since this, as I am in-. formed. by Africanus, is the only substantial life, why do I linger on earth, and not rather haste to come hither where; you are ?

That, replied he, is impossible; unless that God, whose. temple is all that. vast expanse you behold, shall free you: from the fetters of the body, you can have no admission into: this place. Mankind have received their being on this very condition, that they should labour for the preservation of that; globe, which is situated, as you see, in the midst of this temple, and is called earth,

Men are likewise endowed with a soul, which is a portion, of the eternal fires, which you call stars and constellations ; gud which, being round. spherical bodies, animated " divine;

intelligences, perform their cycles and revolutions with amazing rapidity. It is your duty, therefore, my. Publius, and that of all who have any veneration for the Gods, to preserve this wonderful union of soul and body; nor without the express command of him whe gave you a soul, should the least thought be entertained of quitting human life, lest you seem to desert the post assigned you by God himself:

But rather follow the examples of your grandfather here, and of me, your father, in paying a strict regard to justice and piety; which is due in a great degree to parents and relations, but most of all to our country. Such a life as this is the true way to heaven, and to the company of those, who, after having lived on earth and escaped from the body, inhabit the place which you now behold.

XVI. This was the shining circle, or zone, whose remarkable brightness distinguishes it among the constellations, and which, after the Greeks, you call the Milky Way.

From thence, as I took a view of the universe, everything appeared beautiful and admirable; for there, those stars are to be seen that are never visible from our globe, and everything appears of such magnitude as we could not have imagined. The least of all the stars, was that removed furthest from heaven, and situated next to the earth; I mean our moon, which shines with a borrowed light. Now the globes of the stars far surpass the magnitude of our earth, which at that distance appeared so exceedingly small, that I could not but be sensibly affected on seeing our whole empire no larger than if we touched the earth as it were at a single point. ,

XVII. And as I continued to observe the earth with great attention, How long, I pray you, said Africanus, will your mind be fixed on that object; why don’t you rather take a view of the magnificent temples among which you have arrived? The universe is composed of nine circles, or rather spheres, one of which is the heavenly one, and is exterior to all the rest, which it embraces; being itself the Supreme God, and bounding and containing the whole. In it are fixed those stars which revolve with never varying courses. Below this are seven other spheres, which revolve in a cons trary direction to that of the heavens. One of these is occupied by the globe which on earth they call Saturn. Next to that is the star of Jupiter, so benign and salutary to mankind. The third in order, is that fiery and terrible planet ealled Mars. Below this again, almost in the middle region, is the Sun,—the leader, governor, and prince of the other luminaries; the soul of the world, which it regulates and illumines, being of such vast size that it pervades and gives light to all places. Then follow Venus and Mercury, which attend, as it were, on the Sun. Lastly, the Moon, which shines only in the reflected beams of the Sun, moves in the lowest sphere of all. Below this, if we except that gift of the Gods, the soul, which has been given by the liberality of the Gods to the human race, every thing is mortal, and tends to dissolution, but above the moon all is eternal. For the Earth, which is in the ninth globe, and occupies the centre, is immovable, and being the lowest, all others gravitate towards it.

XVIII. When I had recovered myself from the astonishment occasioned by such a wonderful prospect, I thus addressed Africanus—Pray what is this sound that strikes my ears in so loud and agreeable a manner? ‘To which he replied—lIt is that which is called the music of the spheres, being produced by their motion and impulse; and being formed by unequal intervals, but such as are divided according to the justest proportion, it produces, by duly tempering acute with grave sounds, various concerts of harmony. For it is impossible that motions so great should be performed without any noise; and it is agreeable to nature that the extremes on one side should produce sharp, and on the other flat sounds. For which reason the sphere of the fixed stars, being the highest, and being carried with a more rapid velocity, moves with a shrill and acute sound; whereas that of the moon, being the lowest, moves with a very flat one. As to the Earth, which makes the ninth sphere, it remains immovably fixed in the middle or lowest part of the universe. But those eight revolving circles, in which both Mercury and Venus are moved with the same celerity, give out. sounds that are divided by seven distinct intervals, which is generally the regulating number of all things.

This celestial harmony has been imitated by learned musicians, both on stringed instruments and with the voice, whereby they have opened to themselves a way to return to the celestial regions, as have likewise many others who have employed their sublime genius while on earth in cultivating the divine sciences.

By the amazing noise of this sound, the ears of mankind have been in some degree deafened, and indeed, hearing is the dullest of all the human senses. ‘Thus, the people who dwell near the cataracts of the Nile, which are called Catadupa,' are, by the excessive roar which that river makes in precipitating itself from those lofty mountains, entirely deprived of the sense of hearing. And so inconceivably great is this sound which is produced by the rapid motion of the whole universe, that the human ear is no more capable of receiving it, than the eye is able to look stedfastly and directly on the sun, whose beams easily dazzle the strongest sight.

While I was busied in admiring the scene of wonders, I could not help casting my eyes every now and then on the earth.

XIX. On which Africanus said—I perceive that you are still employed in contemplating the seat and residence of mankind, But if it appears to you so small, as in fact it really is, despise its vanities, and fix your attention for ever on these heavenly objects. Is it possible that you should attain any human applause or glory that is worth the contending for? The earth, you see, is peopled but in a very few places, and those too of small extent; and they appear like so many little spots of green scattered through vast uncultivated deserts. And those who inhabit the earth are not only so remote from each other as to be cut off from all mutual correspondence, but their situation being in oblique or contrary parts of the globe, or perhaps in those diametrically opposite to yours, all expectation of universal fame must fall to the ground.

XX. You may likewise observe that the same globe of the earth is girt and surrounded with certain zones, whereof those two that are most remote from each other, and lie under the opposite poles of heaven, are congealed with frost; but that one in the middle, which is far the largest, is scorched with the intense heat of the sun. The other two are habitable, one towards the south—the inhabitants of which are your Antipodes, with whom you have no connexion,—the other, towards the north, is that which you inhabit, whereof a very small part, as you may see, falls to your share. For the whole extent of what you see, is as it were but a little |

. ? Catadupa from card and dofzos, noise.

DE NAT. ETC. ; co island, narrow at both ends and wide in the middle, which is surrounded by the sea which on earth you call the great Atiantic ocean, and which, notwithstanding this magnificent name, you see is very insignificant. And even in these cultivated and well-known countries, has yours, or any of our names, ever passed the heights of the Caucasus, or the currents of the Ganges? In what other parts to the north or the south, or where the sun rises and sets, will your names ever be heard? And if we leave these out of the question, how small a space is there left for your glory to spread itself abroad ? and how long will it remain in the memory of those whose minds are now full of it ?

XXI. Besides all this, if the progeny of any future generation should wish to transmit to their posterity the praises of any one of us which they have heard from their forefathers, yet the deluges and combustions of the earth which must necessarily happen at their destined periods will prevent our obtaining, not only an eternal, but even a durable glory. And after all, what does it signify, whether those who shall hereafter be born talk of you, when those who have lived before you, whose number was perhaps not less, and whose merit certainly greater, were not so much as acquainted with your name ?

XXII. Especially since not one of those who shall hear of us is able to retain in his memory the transactions of a single year. The bulk of mankind, indeed, measure their year by the return of the sun, which is only one star. But, when all the stars shali have returned to the place whence they set out, and after long periods shall again exhibit the same aspect of the whole heavens, that is what ought properly to be called the revolution of a year, though I scarcely dare attempt to enumerate the vast multitude of ages contained in it. Foras the sun in old time was eclipsed, and seemed to be extinguished, at the time when the soul of Romulus pene- ‘trated into these eternal mansions, so, when all the constellations and stars shall revert to their primary position, and the sun shall at the same point and time be again eclipsed, then you may consider that the grand year is completed. Be assured, however, that the twentieth part of it is not yet elapsed.

XXIII. Wherefore, if you have no hopes of returning to this place, where great and good men enjoy all that their souls can wish for, of what-value, pray, is all that human glory, which can hardly endure for a small portion of one year? —

If, then, you wish to elevate your views to the contemplation of this eternal seat of splendour, you will not be satis+ fied with the praises of your fellow-mortals, nor with any human rewards that your exploits can obtain; but Virtue herself must point out to you the true and only object worthy of your pursuit, Leave to others to speak of you as they may, for speak they will. Their discourses will be confined to the narrow limits of the countries you see, nor will their duration be very extensive, for they will perish like those who utter them, and will be no more remembered by their posterity.”

XXIV. When he had ceased to speak in this manner, I said —QOh, Africanus, if indeed the door of heaven is open to those who have deserved well of their country, although, indeed, from my. childhood, I have always followed yours and my father’s steps, and have not neglected to imitate your glory, still [ will from henceforth strive to follow them more closely.

Follow them, then, said he, and consider your body only, not yourself, as mortal. For it is not your outward form which constitutes your being, but your mind; not that substance which is palpable to the senses, but your spiritual nature. Know, then, that you are a god—for a god it must be which flourishes, and feels, and recollects, and foresees, and governs, regulates and moves the body over which it is set, as the Supreme Ruler does the world which is subject to him. For as that Eternal Being moves whatever is mortal in this world, so the immortal mind of man moves the frail body with which it is connected.

_ XXV. For whatever is always moving must be eternal, bil that which derives its motion from a power which is foreign to. itself, when that motion ceases must itself lose its animation.

That alone, then, which moves itself can never cease to. be moved, because it can never desert itself. Moreover, it must be the source, and origin, and principle of motion in all the rest. There can be nothing prior to a principle, for all things must originate from it, and it cannot itself derive its existence from any other source, for if it did it would no longer be a principle. And if it had no beginning it can have no end, for a beginning that is put an end to will neither be coz renewed by any other cause, nor will it produce anything else of itself. All things, therefore, must originate from one source. Thus it follows, that motion must have its source in something which is moved by itself, and which can neither have a beginning nor an end. Otherwise all the heavens and all nature must perish, for it is impossible that they can of ‘themselves acquire any power of producing motion in themselves.

. XXVI. As, therefore, it is plain that what is moved by itself must be eternal, who will deny that this is the general condition and nature of minds? For, as everything is inanimate which is moved by an impulse exterior to itself, so what is animated is moved by an interior impulse of its own; for this is the peculiar nature and power of mind. And if that alone has the power of self-motion, it can neither have had a ‘beginning, nor can it have an end.

Do you, therefore, exercise this mind of yours in the best ypursuits. And the best pursuits are those which consist in promoting the good of your country. Such employments will speed the flight of your mind to this its proper abode ; and its flight will be still more rapid, if, even while it is enclosed in the body, it will look abroad, and disengage itself as much as possible from its bodily dwelling, by the contempla- -tion of things which are external to itself.

This it should do to the utmost of its power. For the minds of those who have given themselves up to the pleasures -of the body, paying as it were a servile obedience to their lustful impulses, have violated the laws of God and man; and therefore, when they are separated from their bodies, flutter continually round the earth on which they lived, and are not allowed to return to this celestial region, till they have been purified by the revolution of many ages.

Thus saying he vanished, and I awoke from my deeacit

A FRAGMENT.

And although it is most desirable that fortune should remain for ever in the most brilliant possible condition, nevertheless, the equability of life excites less interest than those changeable conditions, wherein prosperity suddenly revives out of the most desperate and ruinous circumstances.

A REVIEW OF THE HISTORY OF CICERO’S TREATISE ON THE LAWS,

BY FRANCIS BARHAM, ESQ.

Crcorro’s Treatise on the Laws, which is now for the first time translated into the English language, was composed by its illustrious author in his fifty-sixth year, about two years after the publication of his Commonwealth, to which it forms a supplement.

In order to introduce it to the reader’s acquaintance, we shall quote a few passages from Middleton, Morabin, and other authors who have criticized the work.

* Soon after the death of Clodius,” says Middleton, ‘ Cicero seems to have written his Treatise on Laws, after the example of Plate, whom of all writers he most loved to imitate. For as Plato, after he had written on government in general, drew up a body of laws adapted to that particular form of it which he had been delineating, so Cicero chose to deliver his political sentiments in the same method, not by translating Plato, but imitating his manner in the explication of them. This work being designed, then, as a supplement or second volume to his other, upon the Commonwealth, was distributed probably as the other was, into six books, for we meet with some quotations among the ancients from the fourth and fifth, though there are but three now remaining, and those in some places imperfect. In the first of these he lays open the origin of laws, and the source of obligations, which he derives from the universal nature of things, or, © as he explains it, from the consummate reason and will of the Supreme God. In the other two books, he gives a body of laws, conformable to his own plan and idea of a well-ordered state. First, those which relate to religion, and the worship of the Gods. Secondly, those which prescribe the duties and powers of the several magistrates, from which the peculiar form of each government is denominated. These laws are generally taken from the old constitution or custom of Rome, with some little variation and temperament, contrived to obviate the disorders to which that commonwealth was liable, and to give a stronger turn toward the aristocratic side. In the other books, which are lost, he treated, as he tells us, of the particular

390 A REVIEW OF THE HISTORY OF rights and privileges of the Roman people.”’ (Vide Middleton’s Life of Cicero. ) |

A larger explanation of the history and nature of this work is given by M. Morabin, its French translator. Morabin deserves the gratitude of all the lovers of Cicero, for he not only wrote a biography of him, almost equal in merit to Middleton’s, but translated his greatest works into his native language. His preface to the De Legibus is so just and comprehensive that we choose to translate it almost entire.

“ This Treatise of Laws,” says Morabin, “composed by Cicero, is one of the most valuable monuments which antiquity has bequeathed tous. And if among those works of Tully, which the barbarous ravages of time have destroyed, we regret especially the loss of a large portion of his Commonwealth, we must likew.se feel. disappointed that only three books of his Laws still survive, which: form the natural supplement to the admirable politics of the preceding masterpiece. : “ Cicero was not merely an orator and philosopher: he was also a statesman. Being perfectly acquainted with the interests of the Roman government, and conversant with all branches of natural, national, and civil law, he added to the grand speculations of jurisprudence a practical imtimacy with: public affairs, in which he was deeply engaged during the most critical periods.

_ © Thus, we cannot doubt, that, as the students of eloquence emulated the rhetoric of this great. master of oratory, so likewise did statesmen and lawyers derive from these his political and legal writings, maxims of inestimable value, inasmuch as they were adapted to prove, as St. Augustine expresses it, that all true state policy must be perfectly harmonious with the principles of justice. __ “ The general design of Cicero’s books on the Commonwealth and the Laws is taken from those works of Plato which bear the same titles. But Cicero executed this design ‘in a very original and yet ractical manner, according to the lessons of his personal experience. Pat from seeking to change the ancient Roman. constitution, I conceive his main object was to reform the abuses of the new one. . “Ina period when the ambition of the nobles and the spirit of independence and faction among the people were. hastening on that terrible tragedy whose last act could only terminate in the loss of liberty, Cicero depicted before the eyes of his fellow-citizens the image of the Roman Commonwealth in its best. conceivable state, when laws, morals, discipline, subordination, patriotism, justice, disinterestedness, frugality, and the other virtues were encouraged and patronized. | | _ “He therefore sought to convince all his fellow-citizens who retained the sentiment, of national honour, that the integrity and excellence of the state must, consist in the integrity and execllence of their lives and manners. ‘To feel convinced of this, it is only necessary to read a passage in the fifth book of his Commonwealth; which

St. Augustine has preserved, in which Cicero, after having quoted this, verse of Ennius, ? ; The wealth of Rome in men and manners lies, thus continues :-—

_ *©*What remains to us of ancient manners and discipline? Alas! their traces are so much effaced, that they are not even to be recognised, where it is most desirable they should be practised. What shall we say of the men of our times? ‘The true reason why our manners are corrupted, is because our men are fuga. oA strange predicament! in which we are impleaded in the court of conscience, and are obliged to exculpate ourselves as well as we can from the charge of being accomplices in those political abuses, which have left us little more than the phantom of our glorious commonwealth, the vain name and shadow of a blessing, whose reality we have long since lost.’ : | . “The reader may very reasonably expect to find this same spirit of high-toned patriotism, which is so conspicuous in Cicero’s Common-. wealth, prevalent in his Treatise on Laws, which we now translate for the public benefit. Indeed, the main object of these books is to prove that justice and law are the only secure foundations of all rational societies.

_ “Tn the First Book, Cicero endeavours to establish the correct priuciples of that justice and law whose names are vulgarly employed to signify the regulations of legislators, and the decisions of judges; and which, understood in this current popular sense, do not impress. the mind with that sublime veneration which justice and law in their higher relations necessarily inspire. ne . “Cicero therefore insists in his present, treatise, that both justice and law derive their origin from God himself; that they have therefore an eternal and immutable morality; that they are institutions of universal nature, or rather nature itself; the bond of affinity that attaches all moral beings to the Gods, and the mainspring of that sociality which binds men to each other; the principle which elicits gratitude to our Creator, and sympathy for our fellow-creatures; the invariable rule of all equity, honour, and happiness; the universal. light common to.all men, which at once irradiates the reason of the a gi and which reveals to the unstudious multitude the. oveliness of the virtues which constitute the honest man and the good citizen. _ )

_ “In the first part. of the Second Book, Cicero discusses those laws which concern religion, the worship of God, the sacred festivals, ministrations, and ceremonials. In the second, he illustrates them, and shows their wisdom and propriety. : . :

_ “ He pursues the same order in the Third Book, which treats of the: laws respecting public rights, the duties of magistrates, their authorities, powers, functions, and personal qualities. |

392 A REVIEW OF THE HISTORY OF

* A fragment quoted from the Fifth Book of Cicero’s Laws by Macrobius, convinces us that we have lost at least two of these books of laws. I say at least two, for from the manner in which the interlocutors employ the time, and the distribution of days in their dialogue, it appears highly probable that the original work was composed in six books, answerable to those of the Commonwealth. This, however, is merely a conjecture, and we have still to determine, whether the following fragment is quoted from the beginning or end ofa book. The words are these—

“<« Would it not be more agreeable, since the sun has only just past his meridian line, and these young shrubs do not yet afford sufficient shadow to protect us from his beams,—would it not be more agreeable that we should descend to the banks of the Liris, and conclude our conversation under the elm-trees? ”

** But besides this loss, which is irreparable, the first of those books which are extant is interrupted by lacunes and gaps in three or four places, and there is a gap in the Third Book which absorbs the expositions of more than half the magisterial laws therein discussed.

** Besides this misfortune, whether the MSS. were corrupted from which the editions of these books on the Laws were printed, or whether they wanted the last polish of Cicero’s hand,—for they were probably posthumous publications,—they contain many passages which appear unfinished and broken. This circumstance, added to the difficulty of the subject-matter, has deterred scholars from attempting to translate this treatise De Legibus, and very few versions of it exist in modern languages.

This fact, which I could not suppress, and which I cannot confess without trembling, would have altogether deterred me from this perilous undertaking, if I had looked merely to the difficulties of the case, But I did not stay to consider all the objections that might be urged, and entirely occupied by the pleasure of giving the first translation of a work of Cicero in my native language, I was more gratified at finding that no one had undertaken my task before me, than if some ingenious scholar had forestalled my labours, and left me nothing but the honour of following him, with the treacherous hope of a better success.

“TJ therefore set about studying the First Book, and translated it with a rapidity which fortified my former resolution. In the Second Book, however, the thorns began to make their appearance among the roses; and although encouraged by those to whom I showed my first essay, though sustained by the Commentary of Turnebus, so recommended by Scioppius and Casaubon, I should undoubtedly have stopped half way, had I not reflected that it was better to continue my work, even at the risk of never publishing it, in case my’ learned friends should think it unworthy, than abandon a labour which Se then be labour lost, and for which no one would give me credit, | | .

“What occasions still further embarrassment to a translator of Cicero’s Laws, is the use of certain terms-referring to certain customs, which, being mos remote from our own, have no equivalents in our language, and which cannot be well expressed in the technical phrases of scholars, whose erudition and researches have not yet precisely determined the ideas we should attach to some of the words in the original.

«A man’s life is by no means long enough to read all the books, essays, and dissertations that have been composed on these points of criticism. But I thought that, though many of these difficult passages occur, especially in the Second and Third Books, there yet remain so many pieces of eloquence, so many grand sentiments, so many fine maxims, which may benefit persons of all ranks and orders, both in respect of public laws and private manners, that, after having won the recommendations of those whose opinions | most prized, 1 might risk the imprimatur. :

* As respects this study of Public Law, the time we take in learning it is well spent, and no good reason can be alleged to excuse us from attending to it. We know that in the commerce of civil life,—in the management of military affairs,—at the bar, the court, and the mart, —whether we play an active part on the stage of life, or whether we are mere spectators,—this knowledge of public law is preeminently important and serviceable,

‘‘The most casual glance at society will convince us that the majority of false measures and mistaken points of honour,—without reckoning the erroneous ideas and reasonings which disgrace those who use them, and fatigue those who listen to them,—are owing to veluntary ignorance of those great principles of law, which belong et ae to one particular profession, but affect the interests OT au.

** Imperfect, therefore, as this Treatise of Cicero on the Laws may seem, 1 am persuaded that it is still a very important work, which may give rise to the most seasonable reflections.

*¢'T he First Book, which is full of the sublimest religion and morality, treats of the crigin and essence of law, its causes, its objects, and its operations. It demonstrates the obligation which is imposed on every individual to obey its injunctions, and to contribute his appropriate part to the general good of the society of which he is a member. Cicero tells him that the respect he owes to law is not a mere human decency, but that the Author of nature has invested just laws with so much of his divine authority, that we cannot neglect or violate them without injuring and insulting the Deity, nor without contradicting our moral conscience, which no good man can fail to consult, and which no bad man can oppose without feeling remorse and compunction. He shows us that all the virtues which we ought to cultivate always tend to our own happiness, and that the best means of promoting them consists in living with men in

394 A REVIEW OF THE HISTORY OF .

that perfect union and charity which are cemented by mutual benefits. Lastly, he informs us that penal laws have been invented only to restrain those whose love of justice is not suffic.ent to keep them within reasonable bounds. And he concludes by depicting the character of the wise man, who illustrates these propositions in his life and conduct. rf

“Tn the Second Book, which treats of religious worship, he discovers an infinity of facts, which serve to undeceive us on the false ideas which are entertained respecting the religion of the ancients. Cicero proves that they also believed and worshipped one true God, in all his wonderful Theophanies and developments, and that the astonishing multiplicity of divinities which they venerated was originally the product of a pious fear, but angmented and often corrupted by the interest of certain parties. The religion, therefore, of the ancient philosophers and sages was only one form of the true theology; and it excites our marsha by showing us how fre- ‘quently the grand doctrines of revelation are confirmed by the mythology of the heathens. Thus the great chain of divine truth was preserved entire, even in the midst of that confusion of gods, sacrifices, festivals, and religious ceremonials, so generally idle, ridiculous, or profane.

“The translation of the Third Book is rather a disappointing task, owing to the great lacune which has deprived us of the explanations of a part of the laws which relate to public order. on

“ Notwithstanding these defects, we conceive that Cicero’s Treatise on Laws may be advantageously placed in the hands of young students. Those who conduct the education of young people have often been censured for not more extensively instructing them in those practical sciences which hold the closest connexion with real life and business. For want of this, as Petronius Arbiter justly observes, “our students think themselves transported in‘o another planet,

when they draw their first breath in the world we live in. .

We shall add to this preface of Morabin’s the critical notice of this work on Laws contained in the ‘‘ Cyclopedia Metropolitana:”— “TnCicero’s ‘Treatise de Legibus,” say the editors, “which was written two years later than his Commonwealth. and shortly after the murder of Clodius, he represents himself as explaining to his brother Quintus and Atticus, in their walks through the woods of Arpinum, the nature and origin of the laws, and their actual state in Rome and other countries. Law, he pronounces to be the perfection of reason, the eternal mind, the divine energy, which, while it pervades and unites the whole universe, associates gods and men by the most intimate resemblance of reason and virtue; and still more closely men with men, by the participation of common faculties and affections. He then proves, at length, that justice is not, merely created by civil institutions from the power of conscience, the imperfections of human — Jaw, the moral sense, and the disinteresteduess of virtue. He next proceeds to unfold the principles, first, of religious law, under the heads of divine worship, the observance of festivals and games, the office of priests, augurs, and heralds, the punishment of sacrilege and perjury, the consecration of lands, and the rights of sepulchres; secondly, he proceeds to the inyestigation of the civil law, which gives him an opportunity of noticing the respective relations of magistrates and citizens.”

The splendid panegyries which Cicero has here pronounced on divine law and universal justice have given rise to many eulogies, searcely less eloquent, with which the greatest divines, philosophers, and lawyers have adorned their works. A few of these are worth quoting, as theyemay serve to elevate our ideas of the importance of the subject, and induce us to study the topics of jurisprudence with more ardour and perseverance. |

Thus, from one brilliant passage in this Book of Laws, has Hooker derived that well-known exordium in his Ecclesiastical Polity, which is indisputably the finest specimen of his eloquence :—“ Of Law no less can be said, than that her seat is the bosom of God, and her voice the harmony of the universe. All things in heaven and earth do her homage, the very least as feeling her care, and the greatest, as not exempted from her power. Both angels and men, and creatures of what creation soever, though each in different sort and manner, yet all with uniform consent, admiring her as the mother of their common peace and joy.’ Similar panegyrics on Law are found in Cumberland’s Law of Nature and Nations, Cudworth’s Treatise on Eternal aud Immutable Morality, and in the imperishable works of the immortal Seiden.

“This subject,” says Williams, “has been treated with much dignity by a writer who is admired by all mankind for his eloquence, but who is, if possible, still more admired by all competent judges for his philosophy. I allude to Burke, of whom I may justly say that he was ‘gravissimus et dicendi et imtelligendi auctor et magister;’ and I cannot refuse myself the gratification of quoting his words :-—‘ The science of jurisprudence,’ says he, ‘is the pride of the human intellect; for, with all its defects, redundancies, and errors, it is the collected reason of ages, combining the principles. of original justice with the infinite variety of human concerns.’ Dr. Johnsou’s reply to a person who was foolishly abusing the profession of the law, was, ‘ Do you presume, sir, to find fault with that study which is the last effort. of human intelligence acting upon human experience ?’ ”

* Law,” says Sir W. Blackstone, * is a science which distinguishes the criterions of right and wrong; which teaches us to establish the one, and prevent, punish, and redress the other; which employs in its theory the noblest faculties of the soul, and exerts in its practice the cardinal virtues of the heart. A science which is universal in its use and extent, accommodated to each individual, yet comprehending the whole community.” ¢; Sir), EE LS a

396 A REVIEW OF THE HISTORY OF

** The science of jurisprudence,” says Sir James Mackintosh, in his discourse on the Study of the Law of Nature and Nations, “is certainly the most honourable occupation of the understanding, because it is most immediately subservient to the general safety and comfort. There is not, in my opinion, in the whole compass of human affairs, so noble a spectacle as that which is displayed in the progress of jurisprudence ; where we contemplate the cautious and unwearied exertions of a succession of wise men through a long course of ages, withdrawing every case as it arises from the dangerous power of discretion, and subjecting it to inflexible rules; extending the dominion — of justice and reason, and gradually contracting, within the narrowest possible limits, the domain of brutal force and arbitrary will.” Granting the justice of these remarks, we cannot help lamenting that the science of jurisprudence or universal law, properly so called, should be so little studied in our British state at present. When we look into the history of literature, we find the times have been, in which men of the most consummate genius devoted that genius with the most ardent perseverance and the most mathematical precision, to the study of jurisprudence in its very loftiest and widest bearings. They hesitated not, through many years of incessant labour, like Grotius abroad and Selden at home, to study the vast system of moral obligations. In order to make themselves jurisconsults worthy of the name, they studied the divine laws handed down in Scripture, and developed in the ecclesiastical policy, ancient and modern. They studied the law of nature and nations, as explained by its oriental and classical commentators. They studied the civil laws of all states and commonwealths, and, by a kind of comparative analysis, elicited the spirit of laws among all peoples, and confirmed just regulations by examples derived from the catholic experience of men in all ages and countries, and defeated the blunders of legislation, by showing their pernicious consequences under every variety of circumstance. Such men still appear occasionally in Kurope and America. A few such may still grace the colleges, and the inns of court, or the open walks of literature; but their number has certainly become deplorably limited. We scarcely ever can find the man, now-a-days, who has studied jurisprudence in its loftier and broader relations,—a man who, like Grotius, Selden, Montesquieu, or Sir W. Jones, can establish the doctrines of a sage and philosophical legislation by an overwhelming accumulation of testimonies and facts calculated to inspire confidence and ensure success. In consequence, we meet with few who rise to those syncretic and universal maxims of equity and law, which throw a moral radiance through the long current of decisions, simplify the legal economy in its most important branches, and disperse the technical abuses that profane the sanctuary of Themis. Such men are valuable in proportion to their rarity. be deserve the best patronage and promotion that the state can give them; for they are the true prophets and oracles of jurisprudence,—and they

Pavia ii |:

can speak with the force and precision of science, while others are eeerecing through the perilous by-paths of, quackery, pretence, and ap-hazard.

But such men are not encouraged, and consequently their number is insignificant. Legal philosophy is slighted and unrewarded; while legal practice, however erroneous, is profusely paid for. The consequence is so plain and palpable that it has struck most of the Italian, German, and French writers on the subject. They say, “ Britain has no jurists, but she has lawyers in abundance.” (See Filangieri, Savigny, Pastoret, Constant, Guizot, Sismondi, Chateaubriand, &c.)

This dangerous tendency of the age to sacrifice the higher doctrines of political and legal philosophy,—such as most tend to develop the national mind and national resources,—to a merely secular practice, which will take any form and impression for the sake of interest and emolument, is too much noted. ‘‘ These lower studies,” says the author of the Natural History of Enthusiasm, “fall in marvellously well with the frigid timidity of the times, and the love of practical utility. But that kind of discretion which can sacrifice truth for the sake of lucre, is always short-sighted and fraught with peril.” ' We do sincerely believe that a sound knowledge of jurisprudence is quite as necessary as a familiarity with the practice of our courts, for all those who would truly deserve the name of legal reformers. And we more strenuously insist on this indispensable combination of theory and practice in relation to legal reforms, because it affords us the only hope of those ameliorations which have become of the utmost importance to the welfare of the British empire. 5

BOOK I.

Introduction to the First Book

Marcus Triurvs Cicero has composed this treatise in the form of a dialogue, in which himself, his brother Quintus, and Atticus, are the interlocutors. Cicero supposes this dialogue to take place near his villa at Arpinum, on the banks of the river Liris, and beneath the Shade of a grove, in the midst of which grew an ancient oak. The

- sight of this tree reminds Atticus of the oak which Cicero had described in a poem which he once composed in honour of Marius. From this circumstance he takes occasion to compliment Cicero on his poetry. The conversation then turns upon history ; and Quintus observes, that he knew no one better able than his brother to write the history of his country,and presses him to undertake it. This Cicero declines, and turns the discourse to the subject of universal justice, and the law of nature and nations.

I. Atticus.—I recognise this as the very grove, and this oak, too, as the oak of Arpinum, the description of which I have often read in your poem on Marius. If that oak still exists, this must certainly be it: and, indeed, it appears extremely old.

Quintus Cicero.—Yes, my Atticus, it does exist, and always will exist, for it is a nursling of genius. No such long-lived stock can be planted by the care of the agriculturist as may be sown by the verse of the poet.

Atticus.—How can that happen, my Quintus? And what sort of seed is that which poets can sow? For you seem to me, in eulogizing your brother, to be putting in a word for yourself,

Quintus.—You may say that if you please, but as long as the Latin language is spoken, an oak which will be called Marius’s oak will never be wanting in this place ; and as Sceevola said of my brother’s poem on Marius, it will

Extend its hoary age through countless years. Unless, indeed, you believe that your Athenians have been able really to preserve the olive in their citadel free from death, or that tall and slender palm-tree which the people of Delos show to this day, is the same which Homer’s Ulysses says that he had beheld at Delos ; and there are many other things, in many places, the memorial of which endures beyond the term of any possible natural existence: this eeprsnionessis, 3 oak, then, out of which there once did fly

Jove’s golden eagle, dazzling as the sun, is at present the genuine tree. But when storms and the lapse of ages shall have wasted it, there will still be found an oak on this sacred spot, which will be called the Oak - Marius.

_ Aitticus.—I do not doubt it; but there is one qiieation which I would ask, not of you, but of the poet Marcus himself ; whether the tree is indebted for its celebrity to his verses alone, or whether the circumstance which they record really happened in the history of Marius ?

Marcus Cicero.—I will answer you frankly ; but not till you have first informed me what you think of the tradition which asserts, that not far from your house at Rome, Proculus Julius beheld our first king Romulus walking after his decease, and that Romulus told him that he had become a god, and that his name was Quirinus ; and he ordered a temple to be dedicated to him on that spot. Tell me also what you think of the tradition of the Athenians, who maintain that not far from your Athenian villa, Boreas made a stolen match with Orithya, for so runs the story.

Atticus.—For what purpose do you ask me such gs “18 as these ?

Marcus.—For no purpose at all, unless it be to convince you that we had better not inquire too critically into those remarkable accounts which have been thus handed down by tradition.

Atticus —But there are many statements in your Marius which are the subjects of inquiry as to whether they are true or false ; and some people expect the strictest accuracy from you, because the events of which you speak are fresh in men’s memory, and because you are speaking of one who, like yourself, was a native of Arpinum.

Mareus.—I myself, also, should be unwilling to gain the reputation of a liar, But ‘yet some of these inquisitors, my

Atticus, show great ignorance of the subject, who expect an exact statement of matters of fact in a work of this nature, as | if the author were not a poet, but a witness. And yet, I doubt not that these critics really believe that Numa did converse with Egeria, and that the Eagle did really replace his cap on the head of the first Tarquin.

Quintus.—I understand you, my brother ; you think that the laws which ought to bind a historian are quite different from those which require to be observed in a poem.

Marcus.—Certainly ; inasmuch as the main object of the former is truth in all its relations, while that of the latter is amusement ; although in Herodotus,’ the father of Greek history, and in Theopompus, we find fables in great numbers.

Il, Atticus.—I have now found the opportunity which I wanted, and I shall not let it slip.

_ Atticus—Men have long ago asked, or rather implored ‘you, to write a history ; for they conceive that if you undertook this literary enterprise, the result would be that, even in the historical department, we should be nowise inferior to Greece, And if you will listen to my opinion, it seems to me that you owe this gift, not only to the affection of those who are delighted with literature, but to your country too, in order that, since you have saved her, you should endeavour likewise to adorn her. For a good history is a desideratum in our national literature, as I know by my own experience, and.as I have often heard you declare. Now, there is no man more likely than yourself to give general satisfaction in a work of this kind, since by your own avowal, it is of all the

1 There is nothing more unjust and false, than the charges made by the Romans against the truthfulness of Herodotus and the Greek historians in general. As for Herodotus, in particular, there is no historian in any language more scrupulous to relate nothing which he does not believe to be true. He also considered it not inconsistent with the province of a historian, to record such reports as were communicated to him by the priests and other natives of the countries of which he was speaking. But he not only gives his authorities, so as to enable us to judge for ourselves how much trust may be reposed in them, but he often even states expressly that he does not believe the story which has been told him. In fact, the Greck historians were as a body very scrupulous lovers of truth, And the first author who ever undertook to write a history utterly regardless of the truth of his statements, and too careless to make the slightest inquiry, was Livy. :

Se eee eee eh forms of composition that which most demands the eloquence of the orator.

Wherefore, I entreat you, undertake this work, and devote your time to this employment, which has been hitherto unknown to our fellow-citizens, or at least neglected by them. For after the annals of the chief Pontiffs, than which nothing can be more interesting,’ we come to the ‘book of Fabius, or of Cato, whom you are always eulogizing, or to the treatises of Piso, Fannius, and Venonius; though perhaps one of them may be more vigorous than another, still are they not all extremely defective? The contemporary of Fannius, Ccelius Antipater, adopted a bolder style of expression. He had, indeed, some energy, was rude and rough, without much polish or skill, but he served as a sort of warning to his successors, to write with more accuracy and eloquence. . But unfortunately he had for his successors a Gellius, a Claudius, an Asellio, who, far from improving on him, relapsed into the dulness and insipidity of earlier writers.

I scarcely need to mention Attius. His garrulity is not without neatness, though he has derived it not so much from the learned Grecian authors, as from the petty Latin scrib-— blers. In his style he is prolix, and full of conceits, which he indulges in the most shameless manner. His friend Sisenna far surpasses all our historical writers, unless there be any whose compositions have not yet been published, and of whom we cannot judge. He, however, has never gained a name as an orator among those of your rank; and in his history he betrays a sort of puerility. He seems to have read no Greek author but Clitarchus, and he is content to * imitate him; but even if he were to succeed in his imitation, he would still be far enough from the best style. Therefore the task of historian of right belongs to you, and we shall expect you to accomplish it, unless Quintus can bring forward any reasonable objections.

IIL. Quintus.—I have nothing to say against it. Indeed we have often talked over the subject together, and I have made the same request as yourself ; but there is a slight disagreement between us on the subject.

1 The reading of MSS. is jwcundius. But many critics propose to read jujunius, more scanty; which would certainly make better sense.

DE NAT. ETC. DD ali.

Quintus.—Why, respecting the a from whence he should eommence his history. For, in my opinion, he ought to go back to the most distant ages, since the accounts that have hitherto been published respecting those times are so written as never to be read. But he himself, on the other hand, wishes to confine himself to the events that have hap-

‘pened within the recollection of his own age, so as only to describe those public affairs in which he himself bore a part. Atticus.—In this respect I rather agree with him. For the grandest events in Roman history are probably those that have taken place within our own recollection. And then, too, he will be able to illustrate the praises of our noble friend Pompey, and describe the memorable year of his own consulship, which I would much rather have related by him than anything about Romulus and Remus, as the saying is.

Marcus.—\1 know, my Atticus, that you and other friends have long urged me to this undertaking, nor should I be at all unwilling to attempt it, if I could find any free and leisure time. But. it is vain to enter on so extensive a work while my mind is harassed with cares, and my hands are full of business. Such an undertaking requires a perfect freedom from care and political business.

Atticus,—What can you mean? What leisure time did you ever find for those other works of which you have. written more than any other of our Roman authors ?

. Marcus. —Why, certain spare times occur to every man, and these I make a rule not to lose. For instance, if I spend a few days in rusticating at my country seat, I employ them in composing a part of those essays which I may have determined to write. But an historical work cannot be begun at all unless one has leisure time prepared beforehand, nor can it be completed in a short time. And my mind is thrown into a miserable state of suspense when, after having fairly com-

‘macneéd some work, I am drawn away in some other direction ; nor do I find it as easy to recover the train of ideas in works .80 interrupted, as to bring works when begun at once 10 a conclusion.

Attiews.—Your argument, then, would. show that you require an appointment as ambassador, or some similar free and unoccupied holiday, for -_ Pee)

Marcus.—\ would rather trust to the holiday to which I am entitled by my age, especially asI do not refuse, after the method of our ancestors, to continue the custom of giving magisterial advice to my clients, and thus to discharge the offices of old age gracefully and honourably. And in such a situation, I should be able to give as much time as I might choose, not only to the work which you require, but to others still more extensive and important. . ti

IV. Attiews—I fear that few will accept such an apology for your retirement, and that you will be obliged to speak in public as long as you live. And I regret this the more, as you have already changed your manner of delivery, and have instituted another style of eloquence. So that as your friend Roscius the actor, in his old age, was forced to give up his most brilliant modulations, and to adapt the instrumental accompaniments to a slower measure ; so you also, my Cicero, find | it necessary daily to relax from those lofty conflicts of oratory | to which you have been accustomed, so that your eloquence ‘is already not much removed from the gentle conversation of — philosophers... Aud since the extremest old age is still capable of undergoing that amount of exertion, I see that your retirement will never be allowed to excuse you from pleading causes. |

Quintus.—But I indeed think that the citizens of Rome might be induced to sanction your retirement from public life, if you still consented to plead in legal matters. .So, whenever you please, I think you ought to try.

Marcus.—Your advice, my Quintus, would be excellent if there were no danger in taking stich a step. But I fear that in thus. seeking to diminish my labours, I should rather increase them ; and that I might find that I had united to the toil of public causes and prosecutions (which I never attempt to plead without full preparation and meditation) the addition of this professional interpretation of the laws, which would not distress me so much by its labour, as by its tendency to deprive me of that time for deliberation as to what I should speak, without which I never ventured to enter on any considerable: pleadings. jee te . Atticus.—Why should you not then, in this spare time, as you callit, at present, explain these very points to us, and write usa treatise on the civil law with more accuracy than others have

DD2 hitherto employed. For even from your earliest youth, I remember that you used to study the laws, when I used to go, like yourself, to hear the lectures of Sczvola; nor did I ever find you so addicted to oratorical pursuits as to neglect your legal studies.

Marcus.—You seek to engage me in a long discussion, my Atticus. However, I will not hesitate to undertake it, unless Quintus prefers some other subject. . If not, I will tell you all I know about it, since at present we seem to be at leisure.

Quintus.—I shall listen to you with the greatest pleasure, for what better subject can be discussed, or how can the day be spent more profitably ?

Marcus.—Let us go, then, to our accustomed promenade, and to the benches, where, after we have had walking enough, we may lie down. Nor shall we want for entertainment while asking different questions of one another. :

Atticus.—Let us go, then, and enter on our investigations, as we walk along the bank of the river under the shadow of its foliage. And now begin, I beg of you, to explain to us your opinion respecting the nature of Civil Law.

Marcus.—My opinion? Why, that we have had many great men in Rome, who have made it their profession to expound it to the people, and explain its doctrines and practice. But though they professed to be acquainted with its great principles, they were in reality familiar rather with its minuter technicalities. For what can be grander or nobler than the jurisprudence of a state? or what can be so insignificant ag the office of those men who are consulted as advocates, necessary as it is for the people? Not that 1 think that those who adopt this profession have been altogether ignorant of the principles of universal legislation, but they have united their _ practice of this civil law, as they call it, to just so much as | gives them a hold on the interests of the people. But the great principles of jurisprudence are unknown, and less necessary in practice. What, then, is it that you invite me to? or what.are you exhorting me to? to write treatises on the rights of common sewers and partition walls? or to compose formulas of stipulations and judgments? These have been already most diligently prepared by many persons, and are _ lower than the topics which, I suppose, you expect me to — discuss, : a

V. Alticus.—But, if you ask what I expect, I should reply, that after having given us a treatise on the Commonwealth, it appears a natural consequence that you should also write one on the Laws. Yor this is what I see was done by your illustrious favourite Plato, the philosopher whom you admire and prefer to all others, and love with an especial affection,

Marcus.—Do you wish, then, that, as he conversed at Crete with Clinias, and Megillus of Lacedzemon, on that summer’s day, as he describes it, in the cypress groves and sylvan avenues of Cnossus, often objecting to, and at times approving of, the established laws and customs of commonwealths, and discussed what were the best laws; so we also, walking beneath these lofty poplars, along these green and umbrageous banks, and sometimes sitting down, should investigate the same subjects somewhat more copiously than is required by the practice of the courts of law ? ;

Atticus.—I should like to hear sucha discussion.

Marcus.—But what says Quintus ?

- Quintus.—There is no subject which I would rather hear argued... ,

Marcus.—And you are quite right. For, take my word for it, in no kind of discussion can it be more advantageously displayed how much has been bestowed upon man by nature, and how great a capacity for the noblest enterprises is implanted in the mind of man, for the sake of cultivating and perfecting which we were born and sent into the world, and what beautiful association, what natural fellowship, binds men together by reciprocal charities: and when we have explained these grand and universal principles of morals, then the true fountain of laws and rights can be discovered.

Atticus.—In your opinion, then, it is not in the edict of: the magistrate, as the majority of our modern lawyers pretend, nor in the Twelve Tables, as the ancients maintained, but in the sublimest doctrines of philosophy, that we must seek for the true source and obligation of jurisprudence, |

Marcus.—For in this discussion of ours, my Atticus, we are not inquiring how we may take proper caution in law, or what we are to answer in each consultation,—that may indeed be an important affair, as in truth it is; and at one time it was supported by many great men, and is at present ex+ pounded by one most eminent lawyer with admirable ability and skill.

But the whole subject of universal law at jurispr udence must be comprehended in’ this discussion, in order that this which we call civil law, may be confined in some one small and narrow space of nature. For we shall have to explain the true nature of moral justice, which must be traced back from the nature of man. And laws will have to be considered by which all political states should be governed. And last of all, shall we have to speak of those laws and customs of_ nations, which are framed for the use and convenience of par= ticular countries, (in which even our own people will not be omitted,) which are known by the title of civil laws.

VI. Quintus.—You take a noble view of the subject, my brother, and go to the fountain-head, in order to throw light: on the subject of our consideration ; and those who treat. civil law in any other manner, are not so much pointing out the paths of justice as those of litigation.

Marcus.—That is not quite the case, my Quintus. It is not .so much the science of law that. produces litigation, as the ignorance of it. But more of this by-and-by. At pre= sent: let us examine the first principles of Right. _ Now, many learned men have maintained that it springs from law. I hardly know if their opinion be not correct, at least according to their own definition; for “ law,” say they,: “is the highest reason implanted in nature, which prescribes those things which ought to be done, and forbids the contrary.” And when this same reason is confirmed and estax blished in men’s minds, it is then law.

They therefore conceive that prudence is a law, hens | operation is to urge us to good actions, and restrain us from: evil ones. And they think, too, that the Greek name for law (vdj0s), which is derived from: véno, to distribute, implies the very nature of the thing, that is, to give every man his due. The Latin name, lex, conveys the idea of selection, a legendo. According to the Greeks, therefore, the name: of law implies an’ equitable distribution: according to the Romans, an — equitable selection. And, indeed, both characteristics mene 4 pearly to law. .

_And if this be a correct statement, which it seems to me for the most part to be, then the origin of right is to be — sought in the law. For this is the true energy of nature,—~ this is the very soul and reason of a wise man, and the test. of virtue and vice. But since all this discussion of ours relates to a subject, the terms of which are of frequent occur-) rence in the popular language of the citizens, we shall be sometimes obliged to use the same terms as the vulgar, and to call that law, which in its written enactments sanctions what it thinks fit by special commands or prohibitions.

- Let us begin, then, to establish the principles of justice on that supreme law, which has existed from all ages before any legislative enactments were drawn up in ba li or any political governments constituted.

Quintus.—That will be more convenient, and more sensible with reference to the subject of the discussion which we have. determined on.

Marcus.—Shall we, then, seek for the origin of justice at: its fountain-head? when we have discovered. which, we shall be in no doubt to what these questions which we are examin-~ ing ought to be referred.

Quintus. —Such is the course I would advise.

Atticus,—I also subscribe to your brother’s opinion.

Marcus.— Since, then, we wish to maintain and preserve the constitution of that republic which Scipio, in those six books which I have written under that title, has proved to be: the best, and since all our laws are to be accommodated to the kind of political government there described, we must also treat of the general principles of morals and manners, and not limit ourselves on all occasions to written laws; but I purpose to trace back the origin of right from nature itself, who will be our best guide in conducting the whole discussion.

Atticus.—You will do right, and when she is our guide it is absolutely impossible for us to err. — VII. Marcus.—Do you then grant, my Atticus, (for I know my brother’s opinion already,) that the entire universe is regu~ lated by the power of the immortal Gods, that by their nature; reason, energy, mind, divinity, or some other word of clearer. signification, if there be such, all things are governed and directed’? for if you will not grant me this, that is what L ot begin by establishing. ,

: Atticus—I grant you all you can desire. But owing te this singing of birds and babbling of waters, I fear my fellowlearners can scarcely hear me. |

Marcus.—You are quite right to be on your guard; for even the best men occasionally fall into a passion, and they will be very indignant if they hear you denying the first article of that notable book, entitled “The Chief Doctrines of Epicurus,” in which he says “that God takes care of nothing, — neither of himself nor of any other being !” |

Atticus.—Pray proceed, for I am waiting to know what advantage you mean to take of the concession I have made ou.

Marcus.—I will not detain you long. This is the bearing which they have on our subject. This animal—prescient, sagacious, complex, acute, full of memory, reason, and counsel, which we call man—has been generated by the supreme God in a most transcendent condition. for he is the only creature among all the races and descriptions of animated beings who is endued with superior reason and thought, in which the rest are deficient. And what is there, I do not say in man alone, but in all heaven and earth, more divine than reason, which, when it becomes right and perfect, is justly termed wisdom ?

There exists, therefore, since nothing is better than reason, and since this is the common property of God and man, a eertain aboriginal rational intercourse between divine and human natures. But where reason is common, there right reason must also be common to the same parties; and since this right reason is what we call law, God and men must be considered as associated by law. Again, there must also be a communion of right where there is a communion of law. And those who have law and right thus in common, must be considered members of the same commonwealth.

And if they are obedient to the same rule and the same authority, they are even much more so to this one celestial regency, this divine mind and omnipotent deity. So that the entire universe may be looked upon as forming one vast commonwealth of gods and men. And, as in earthly states certain ranks are distinguished with reference to the relationships of families, according to a certain principle which will be discussed in its proper place, that principle, in the nature ef things, is far more magnificent and splendid by which men are connected with the Gods, as belonging to their kindred and nation.

VIII. For when we are reasoning on “universal nature, we are accustomed to argue (and indeed the truth is just as it is stated in that argument) that in the long course of ages, and the uninterrupted succession of celestial revolutions, there arrived a certain ripe time for the sowing of the human race ; and when it was sown and scattered over the earth, it was animated by the divine gift of souls. And as men retained from their terrestrial origin those other particulars by which they cohere together, which are frail and perishable, their immortal spirits were ingenerated by the Deity. From which circumstance it may be truly said, that we possess a certain consanguinity, and kindred, and fellowship with the heavenly powers, And among all the varieties of animals, there is not one except man which retains any idea of the Divinity. And among men themselves, there is no nation so savage and ferocious as not to admit the necessity of believing in a God, however ignorant they may be what sort of God they ought to believe in. From whence we conclude that every man must recognise a Deity, who has any recollection and knowledge of his own origin.

Now, the law of virtue is the same in God and man, and in no other disposition besides them. This virtue is nothing else than a nature perfect in itself, and wrought up to the

~™most consummate excellence. There exists, therefore, a. similitude between God and man. And as this is the case, what connexion can there be which concerns us more nearly, and is more certain ?- | Therefore, nature has supplied such an abundance of supplies suited to the convenience and use of men, that the things which are thus produced appear to be designedly bestowed on us, and not fortuitous productions. Nor does this observation apply only to the fruits and vegetables which gush from the bosom of the earth, but likewise to cattle and the beasts of the field, some of which, it is clear, were intended for the use of mankind, others for propagation, and. others for the food of man, Innumerable arts have likewise been discovered by the teaching of nature, whom reason has imitated, and thus skilfully discovered all things necessary to the happiness of life, ok”

IX. With respect to man, this same bountiful nature hath: not merely allotted him a subtle and active spirit, but also. physical senses, liké so many servants and messengers. And’she has laid bare before’him the obscure but necessary » explanation of many things, which are, as it were, the foun-, dation of practical knowledge; and in all respects she has given him a convenient figure of body, suited to the bent of. the human character. For while she has kept down the countenances of other animals, and fixed their eyes on their. food, she has bestowed on man alone an erect stature,' and prompted him to the contemplation of heaven, the ancient. home of his kindred immortals. So exquisitely, too, has she fashioned the features of the human face, as to make them indicate the most recondite thoughts and sentiments. For our eloquent eyes speak forth every impulse and passion of owr souls; and that which we call expression, which cannot exist in any other animal but man, betrays all our feelings, the power of which was well known to the Greeks, though they have no name for it.

I will not enlarge on the wonderful faculties and qualities of the rest of. the body, the modulation of the voice, and the. power of oratory, which is the greatest instrument of influence upon human society. For these matters do not all belong to the present occasion or the present subject, and_ I think that Scipio has already sufficiently explained them in. those books of mine which you have read.

_ Since, then, the Deity has been pleased to create and adorn: man to be the chief and president of all terrestrial creatures, so it is evident, without further argument, that human nature: has also made very great advances by its own intrinsic energy; that nature, which without any other instruction than her own, has developed the first rude principles of the

1 Oyid has versified this idea:

Pronaque cum spectent animalia csetera terram, Os homini sublime dedit ; ecelumque tueri -Jussit et erectos ad sidera tollere vultus, —Met. i. 86.

Which may be translated—

And while all other creatures from their birth With downeast eyes gaze on their kindred earth;

- . He bids man walk erect, and scan the heaven ‘ From whence his soul has sprung, to which his hopes are given. understanding, and strengthened and perfected reason to all the appliances of science and art.

X. Atiicus.—Oh ye immortal Gods! to what a distance back are you tracing the principles of justice! However, you are discoursing in such a style that I will not show any impatience to hear what I expect you to say on the Civil Law. But I will listen patiently, even if you spend the whole day in this kind of discourse ; for assuredly these, which perhaps you are embracing in your argument for the sake of others, are grander topies than even the subject itself for which they prepare the way.

Marcus.—You may well describe these topics as grand, which we are now briefly discussing. But.of all the questions which are ever the subject of discussion among learned men, there is none which it is more important thoroughly to understand than this, that. man is born for justice, and that law and equity have not been established by opinion, but by nature. ‘This truth will become still more apparent if we investigate the nature of human association and society.

For there is no one thing so like or so equal. to another, as in every instance man is to man. And if the corruption of customs, and the variation of opinions, did not - induce an imbecility of minds, and turn them aside from the course of nature, no one would more nearly resemble himself than all men would resemble all men. Therefore, whatever definition we give of man, will be applicable to the whole human race. And this is a good argument that there is no dissimilarity of kind among men; because if this were the case, one definition could not inblintte all men.

In fact, reason, which alone gives us so many advantages over beasts, by means of which we conjecture, argue, refute, discourse, and accomplish and conclude our designs, is assuredly common to all.men; for the faculty of acquiring knowledge is similar in all human minds, though the knowledge itself may be endlessly diversified. By the same senses we all perceive the same objects, and those things which move the senses at all, do move in the same way the senses of all men. And those first rude elements of intelligence which, as I before observed, are the earliest developments of thought, are similarly impressed upon all men; and that faculty of speech which is the interpreter of the mind, agrees in the ideas which it conveys, though it may differ in the words by which it expresses them. And therefore there exists not a man in any nation, who, if he adopts nature for his guide, may not arrive at virtue.

XI. Nor is this resemblance which all men bear to each other remarkable in those things only which are in accordance with right reason, but also in errors. For all men alike are captivated by pleasure, which, although it is a temptation to what is disgraceful, nevertheless bears some resemblance to natural good; for, as by its delicacy and.sweetness it is delightful, it is through a mistake of the intellect adopted as something salutary. . And by an error scarcely less universal, we shun death as if it were a dissolution of nature, and cling to life because it keeps us in that existence in which we were born. Thus, likewise, we consider pain as one of the greatest evils, not only on account of its present asperity, but also because it seems the precursor of mortality. Again, on account of the apparent resemblance between renown with honour, those men appear to us happy who are honoured, and miserable who happen to be inglorious. In like manner our minds are all similarly susceptible of inquietudes, joys, desires, and fears; nor if different men have different opinions, does it follow that those who deify dogs and cats, do not labour under superstition equally with other nations, though they may differ from them in the forms of its manifestation.

Again, what nation is there which has not a regard for kindness, benignity, gratitude, and mindfulness of benefits ? What nation is there in which arrogance, malice, cruelty, and unthankfulness, are not reprobated and detested? And while this uniformity of opinions proves that the whole race of mankind is united together, the last point is that a system of living properly makes men better. If what I have said meets your approbation, I will proceed; or if any doubts occur to you, we had better clear them up first.

Atticus.—There is nothing which strikes us, if I may reply for both of us.

_ XII. Marcus.—It follows, then, that nature made us just that we might share our goods with each other, and supply each other’s wants, You observe in this discussion, whenever

I speak of nature, I mean nature in its genuine purity, but that there is, in fact, such corruption engendered by evil customs, that the sparks, as it were, of virtue which have been given by nature are extinguished, and that antagonist vices arise around it and become strengthened.

But if, as nature prompts them to, men would with deliberate judgment, in the words of the poet, “being men, think nothing that concerns mankind indifferent to them,” then would justice be cultivated equally by all. For to those to whom nature has given reason, she has also given right reason, and therefore also law, which is nothing else than right reason enjoining what is good, and forbidding what is evil. And if nature has given us law, she hath also given us right. But she has bestowed reason on all, therefore right has been bestowed on all. And therefore did Socrates deservedly execrate the man who first drew a distinction between utility and nature, for he used to complain that this error was the source of all human vices, to which this sentence of Pythagoras refers—“ The things belonging to friends are common”—and that other, “Friendly equality.” From whence it appears, that when a wise man has displayed this benevolence which is so extensively and widely diffused towards one who is endowed with equal virtue, then that phenonemon takes place which is altogether incredible to some people, but which is a necessary consequence, that he loves himself not more dearly than he loves his friend. For how can a difference of interests arise where all interests are similar? If there could be ever so minute a difference of interests, then there would be an end of even the nature of friendship, the real meaning of which is such, that there is no friendship at all the moment that a person ‘prefers anything happening to himself rather than to his friend.

Now, these preliminary remarks have been put forward as a preparation for the rest of our discourse and argument, in order that you may more easily understand that nature herself is the foundation of justice. And when I have explained this a little more at large, then I will proceed to the consideration of that civil law from which all these arguments of mine are derived.

XIII. Quintus.—Then you have not much to add, my ‘brother, for the. arguments you have already used have sufficiently proved to Atticus, or at all events to me, that nature is the fountain of justice.

Atticus ——How could I maintain any other opinion, since -you have now established these points —first, that we have been provided as we are and adorned by the gifts of the Gods; -secondly, that all mankind have but one similar and common principle of living together; and, lastly, that all men are bound together by a certain natural indulgence and affection, as well as social rights? And as we have, rightly as I think, admitted the truth of these principles, how can we, with any consistency, separate from nature that law and justice which are her moral developments ?

Marcus.—You are quite right, and that is the proper view of the case. But in conformity with the method of philoso- ‘phers, (1 do not mean the older sages of philosophy, but those modern ones, who have erected a magazine, as it were, of wisdom,) those questions which were formerly discussed loosely and unconstrainedly, are now examined with strictness and distinctness. Nor will these men allow that we have done justice to the subject which we have now before us, unless we demonstrate in a distinct discussion that right is ‘a part of nature.

Atticus.—You seem to have renowned your liberty in debate, my Cicero; or are you become a man who, in dis- ‘cussion, rather follows the authority of others, than develops his individual sentiments ?

Marcus.—N ot always, Atticus. But you see what the line of this present conversation is, and how the main object of this whole discussion is to strengthen the foundation of com- ‘monwealths, to establish their forces, and to benefit their ‘population. I am, therefore, particularly anxious to avoid arguments which have not been thoroughly examined and carefully considered. Not that I expect to demonstrate my doctrine to the satisfaction of all men, for that is impossible; -but I hope to do so to that of those who think that all just and honourable things deserve to be cultivated even for their own sake, and that nothing whatever can be properly called a good which is not. intrinsically praiseworthy, or at least that there can exist no great good whatever which is truly laudable on its own account.

All the philosophers who flourished in the. old academy

‘with Speusippus, Xenocrates, and Polemon, or those that followed Aristotle and Theophrastus, agréeing with them in doctrine, though they might differ in their method of explaining it—whether, like Zeno, they preserved the same principles, while they changed the terms of exposition,—or whether, like Ariston, they supported that difficult and ‘arduous sect now generally scattered and confuted, which supposed that, with the exception of virtue and vice, all other things were completely equal and indifferent: all these have ‘adopted the principles which I have been explaining.

But those who indulge their appetites and pamper their ‘passions, and who estimate all the objects of their pursuit or avoidance in life by pleasure and pain, even if they speak truth, (for there is no need of raising the question here,) we may ‘still desire to be content with talking in their own gardens, and entreat them to retire for a while from all connexion with the state, of which they know nothing, and have never wished to know anything. <As to that new academy, of which Arcesilas and Carneades are the leaders, rand who. attack all sects and parties, we will implore them not to interrupt us in our present discussion; for if they enter upon these subjects, which to us appear to be settled and arranged with sufficient accuracy and learning, they will do great mischief. But I would rather pacify them, and dp not dare to order them off.’

XIV. For in questions of this nature, we uns po expiation without such fumigations as theirs.

But there is no expiation for the crimes and icapiotieg of men. The guilty therefore must pay the penalty, and bear the punishment ; not so much those punishments inflicted by courts of justice, which were not always in being, do not exist at present in many places, and even where established are frequently biassed and partial, but those of conscience ; while the furies pursue and torment them, not with burning torches, as the poets feign, but with remorse of COnRAASIADR, and the tortures arising from guilt.

But were it the fear of punishment, and not the nature of the thing itself, that ought to restrain mankind from wickedness, what, I would ask, could give villains the least uneasiness, abstracting from all fears of this kind? And yet none 1 There is a hiatus here. bie ?

“NA of them was ever so audaciously impudent, but what he either denied that the action in question had been committed by him, or pretended some cause or other for his just indignation, or sought a defence of his deed in some right of nature. And if the wicked dare to appeal to this principle, with what respect ought not good men to treat them ?

But if either direct punishment, or the fear of it, be what ‘deters men from a vicious and criminal course of life, and not the turpitude of the thing itself, then none can be guilty of injustice, and the greatest offenders ought rather to be called imprudent than wicked.

On the other hand, those among us who are determined to the practice of goodness, not by its own intrinsic excellence, but for the sake of some private advantage, are cunning rather than good men. For what will not that man do in the dark who fears nothing but a witness and a judge? Should he meet a solitary individual in a desert place, whom he can rob of a large sum of money, and altogether unable to defend himself from being robbed, how will he behave ? In such a case our man, who is just and honourable from principle and the nature of the thing itself, will converse with the stranger, assist him, and show him the way. But he who does nothing for the sake of another, and measures everything by the advantage it brings to itself, it is obvious, I suppose, how such a one will act; and should he deny that he would kill the man, or rob him of his treasure, his reason for.this cannot be that he apprehends there is any moral turpitude in such actions, but only because he is afraid of a discovery, that is to say, that bad consequences will thence ensue—a sentiment this at which not only learned men but even clowns must blush. —

XY. It is therefore an absurd extravagance in some philosophers to assert, that all things are necessarily just which are established by the civil laws and the institutions of nations. Are then the laws of tyrants just, simply because they are laws? Suppose the thirty tyrants of Athens had imposed certain laws on the Athenians? or, suppose again that these Athenians were delighted with these tyrannical Jaws, would these laws on that account have been considered just? For my own part, I do not think such laws deserve any greater estimation than that passed during our own interregnum, which ordained that the dictator should be empowered to put to death with impunity whatever citizens he pleased, without hearing them in their own defence.

For there is but one essential justice which cements society, and one law which establishes this justice. This law is right reason, which is the true rule of all commandments and prohibitions. Whoever neglects this law, whether written or unwritten, is necessarily unjust and wicked.

But if justice consists in submission to written laws and national customs, and if, as the same school affirms, everything must be measured by utility alone, he who thinks that such conduct will be advantageous to him will neglect the laws, and break them if it is in his power. And the consequence is, that real justice has really no existence if it have not one by nature, and if that which is established as such on account of utility is overturned by some other utility.

But if nature does not ratify law, then all the virtues may — lose their sway. For what becomes of generosity, patriotism, or friendship? Where will the desire of benefitting our neighbours, or the gratitude that acknowledges kindness, be able to exist at all? For all these virtues proceed from our natural inclination to love mankind. ‘And this is the true basis of justice, and without this not only the mutual charities of men, but the religious services of the Gods, would be at an end; for these are preserved, as I imagine, rather by the natural sympathy which subsists between divine and human beings, than by mere fear and timidity.

XVI. But if the will of the people, the decrees of the senate, the adjudications of magistrates, were sufficient to establish rights, then it might become right to rob, right to commit adultery, right to substitute forged wills, if such conduct were sanctioned by the votes or decrees of the multitude. But if the opinions and suffrages of foolish men had sufficient weight to outbalance the nature of things, then why should they not determine among them, that what is essentially bad and pernicious should henceforth pass for good and beneficial? Or why, since law can make right out of injustice, should it not also be able to change evil into good ?

_ But we have no other rule by which we may be capable of distinguishing between a good or a bad law than that of

DE NAT. ETC. EE )

nature. Nor is it only right and wrong which are discriminated by nature, but generally all that is honourable is by this means distinguished from all that is shameful; for common sense has ‘impressed i in our minds the first principles of things, and has given us a general acquaintance with them, by which we connect with virtue every honourable quality, and with vice all.that is disgraceful. ; 3

But to think that these differences exist only i in opinion,’ and not in nature, is the part of an idiot. For even the virtue of a tree or a horse, in which expression there is an’ abuse of terms, does not exist in our opinion only, but in nature ; and if that is the case, then what is honourable and disgraceful, must also be discriminated by nature.

For if opinion could determine respecting the character of universal virtue, it might also decide respecting particular or partial virtues. But who will dare to determine that a man: is prudent and cautious, not from his general conduct, but from some external appearances? For virtue. evidently consists in perfect reason, and this certainly resides in nature. Therefore so does all honour and honesty in the same way.

XVIT. For as what is true and false, creditable and dis. creditable, is judged of rather by their essential qualities than their external relations; so the consistent and perpetual. course of life, which is virtue, and the inconsistency of life, which is vice, are judged of according to their own nature, —and that inconstancy must necessarily be vicious.

We form an estimate of the opinions of youths, but not by their opinions. Those virtues and vices which reside in their moral ‘natures must not be measured by opinions. And so of all moral qualities, we must discriminate between honourable and. dishonowrable by reference to the essential nature of the things themselves.

The good we commend, must needs contain in itself something commendable ; for as I before stated, goodness is not ‘a mode of opinion, but of nature. For if it were otherwise, ‘opinion alone might constitute virtue and happiness, which is the most absurd of suppositions. And since we judge of good and evil by their nature, and since good and evil are the first principles of nature, certainly we should judge in the same manner of all honourable and all shameful things, referring them all to the law of nature, De:

ON TEE LAWS.’ 419.

- But we are often too much disturbed by the dissensions of men and the variation of opinions: And because the same thing does not happen with reference to our senses, we look upon them as certain by nature. Those objects, indeed, which sometimes present to us one appearance, sometimes another, and which do not always appear to the same people in the same way, we term fictions of the senses ; but it is far otherwise. For neither parent, nor nurse, nor master, nor poet, nor drama, deceive our senses ; nor do popular prejudices seduce them from the truth. But all kinds of snares are laid for the mind, either by those errors which I have just enumerated, which, taking possession of the young and. uneducated, imbue them deeply, and bend them any way they please; or by that pleasure which is the imitator of goodness, being thoroughly and closely implicated with all our senses—the prolific mother of all evils. For she so corrupts us by her blandishments, that we no longer perceive some things which are essentially excellent, because they have none of this deliciousness and pruriency.

XVIII. It follows that I may now sum up the whole of this argument by asserting, as is plain to every one from these positions which have been already laid down, that all right and all that is honourable is to be sought for its own sake. In truth, all virtuous men love justice and equity for what they are in themselves; nor is it like a good man to make a mistake, and love that which does not deserve their affection. Right, therefore, is desirable and deserving to be cultivated for its own sake; and if this be true of right, it must be true also of justice. What then shall we say of liberality? Ts it exercised gratuitously, or does it covet some reward and recompense? If a man does good without expecting any recompense for his kindness, then it is gratuitous: if he does expect compensation, it is a mere matter of traffic. Nor is there any doubt that he who truly deserves the reputation of a generous and kind-hearted man, is thinking of his duty, not of his interest. In the same way the virtue of justice demands neither emolument nor salary, and therefore we desire it for its own sake. And the case of all the moral virtues is the same, and so is the opinion formed of them.

Besides this, if we weigh virtue by the mere utility and profit that attend it, and not by its own merit, the one virtue

EE2 which results from such an estimate will be in fact a species of vice. For the more a man refers all his actions especially to his own advantage, the further he recedes from probity ; so that they who measure virtue by profit, acknowledge no other virtue than this, which is a kind of vice. For who can be called benevolent, if no one ever acts kindly for the sake of another? And where are we to find a grateful person, if those who are disposed to be so can find no benefactor to whom they can show gratitude? What will become of sacred friendship, if we are-not to love our friend for his own sake with all our heart and soul, as people say? if we are even to desert and discard him, as soon as we despair of deriving any further assistance or advantage from him. What can be imagined more inhuman than this conduct ? But if friendship ought rather to be cultivated on its own account, so also for the same reason are society, equality, and justice, desirable for their own sakes. If this be not so, then there can be no such thing as justice at all; for the most unjust thing of all is to seek a reward for one’s just conduct.

XIX. What then shall we say of temperance, sobriety, continence, modesty, bashfulness, and chastity? Is it the fear of infamy, or the dread of judgments and penalties, which prevent men from being intemperate and dissolute? Do men then live in innocence and moderation, only to be well spoken of, and to acquire a certain fair reputation? Modest men blush even to speak of indelicacy. And I am ereatly ashamed of those philosophers, who assert that there are no vices to be avoided but those which the laws have branded with infamy. For what shall I say? Can we call those persons truly chaste, who abstain from adultery merely for the fear of public exposure, and that disgrace which is only one of its many evil consequences? For what can be either praised or blamed with reason, if you depart from that great law and rule of nature, which makes the difference between right and wrong? Shall corporal defects, if they are remarkable, shock our sensibilities, and shall those of the soul make no impression on us?!—of the soul, I say, whose turpitude is so evidently proved by its vices. For what is there more hideous than avarice, more brutal than lust, more contemptible than cowardice, more base than stupidity and folly ? Well, then, are we to call those persons unhappy, who are conspicuous for one or more of these, on account of some injuries, or disgraces, or sufferings to which they are exposed, or on account of the moral baseness of their sins? And we may apply the same test in the opposite way to those who are distinguished for their virtue.

Lastly, if virtue be sought for on account of some other things, it necessarily follows that there is something better than virtue. Is it money, then? is it fame, or beauty, or health ? all of which appear of little value to us when we possess them; nor can it be by any possibility certainly known how long they will last. Or is it (what it is shameful even to utter) that basest of all, pleasure? Surely not ; for it is in the contempt and disdain of pleasure that virtue is most conspicuous.

Do not you see what a long series of facts and arguments IT have brought forward, and how perfect is the connexion between one and another? I should have proceeded further still, if I had not kept myself in check.

XX. Quintus.—To what point do your arguments tend, my brother !—for I would willingly go hand in hand with you through this discussion.

Marcus.—The point they bear on is the moral end of our actions, to which all things are to be referred, and for the sake of which all things are to be undertaken. This subject is, however, one of great controversy, and full of question among the learned, yet one that must some day or other be decided.

Aiticus.— How can that be done, since Gellius is no longer alive ?

Quintus.— What is that to the purpose ?

Atticus.—Because when I was at Athens, I recollect hearing from my friend Pheedrus that your friend Gellius, when he came as Pro-Consul into Greece, after his preetorship, assembled all the philosophers who were at that time at Athens in one spot, and very earnestly pressed upon them his advice that they should endeavour to come to some unanimous agree~ ment in their controversies ; urging that if they were so disposed as to be unwilling to spend their whole lives in discord, an agreement might be made ; and, at the same time, he promised them his best assistance, if this scheme of mutual conciliation and concession met their views.

Marcus.—Y our story is amusing enough, my Atticus, and it has often excited much merriment; but, indeed, I should very gladly be appointed mediator between the ancient Academy and the Stoics. ,

Atticus.—How can you think of such a thing ?

Marcus.—Because they differ on one point only, and agree to admiration in all the rest. | oe ! dothey contend about one point of debate ‘only ¢ 3 Mareus.—Yes. I think they have only a single issue, so far as concerns this question of morals; inasmuch as the ancient Academicians are unanimously agreed that the true good is that which is in accordance with nature, and is such that we may be assisted in life by it. The Stoics, on the other hand, allow of no good but what is honourable.

Atticus —This is indeed a very insignificant controversy, and not such as to account for their general opposition.

Marcus.—You are quite right if it were the thing itself on which they differed, rather than the terms. iy

XXI. Atticws:—You then rather agree with my friend Antiochus, with whom I was living, for I will not venture to call him my master. It was he who at one time almost ‘persuaded me to desert my Epicurean gardens, and led me by gentle steps to the Academy. 7

Marcus.— This Antiochus was a wise and clever man, and highly accomplished in his way. He was, as you know, a gfeat friend of mine ; and | shall presently examine whether I agree with him in all respects or not. This I am sure of, that the whole of that controversy might easily be settled.

Atticus.—Why do you prosecute this inquiry ?

Marcus.—Because if, as Ariston of Chios pretended, he were to say that there is no other good than the honourable, and no other evil than the dishonourable; that all other things are altogether indifferent, and that. their presence or absence are of no kind of consequence; then Zeno would be departing very far from Xenocrates, Aristotle, and all the school of Plato, and there would be an entire difference between them respecting a principle of the greatest importance, and about the whole course of life. But now, when he — affirms that to be the only good which the ancients asserted to be the chief good, namely honour, and its opposite disgrace, which they cailed the chief evil—the only evil; and when he calls riches, health, and beauty, only advantages, not goods,—and poverty, grief, and pain, only inconveniences, not. evils; he in fact agrees in opinion with Xenoerates and Aristotle, though he expresses himself in different terms. From this difference, not respecting things, but words, the controversy concerning moral ends arose; in relation to which, inasmuch as our Roman Law of the Twelve Tables has granted a neutral space of five feet wide between the territories of different landlords, we will not allow the venerable estate of the Academy to be trespassed on by this erafty Stoic; and though the Mamilian law appointed but one surveyor to determine the rights of these neutral spaces, in this ethical question all three of us will undertake to arbitrate respecting the moral ends of philosophy.

Vuintus. — What, then, shall be the decision which we pronounce ?

Marcus.—I think we should seek the boundaries which Socrates has laid down in relation to this question, and abide by them. |

Quintus.—There cannot be a better proposal, my brother. And now you are employing the terms of civil justice and laws, on which topics I am waiting for a lecture from you, for the subject is particularly important, as I have often heard you say. And certainly we have sufficiently established the principle we have been discussing, and proved that to live according to nature, is the highest good; that is, to lead a life regulated by conscience, and conformed to virtue and temperance. And to follow nature, and to live according to her law, that is to say, as far as ‘depends on the person himself, to omit nothing to secure nature in the attainment of. those things which she requires, this surely is the most lawful and. virtuous mode of living. As to the discussions of philosophers, I know not whether we shall ever arrive at a decision, but we certainly shall not do so in our present conference, at least, if we prosecute our original design, and come to the practical investigation of the civil law, as established in our country.

XXII. Atticus.—I, however, turned aside to this digression. very willingly.

Quintus.—We shall have an meper eas of set this subject on some future occasion ; let us at present keep to what we began with, as especially since this discussion respecting the chief good and evil has no reference to our present subject.

Marcus.—What you say, my Quintus, is most wise and excellent, for what has hitherto been said by me’ is derived from the very heart of philosophy. But you perhaps wish to have the laws of some particular state discussed.

Quintus. —I am not anxious to hear of the laws of Lycurgus, or of Solon, or of Charondas, or Zaleucus, nor of our Roman Twelve Tables, nor of popular decrees; but I expect you to describe in this day’s conversation, not only the laws fitted for all nations, but also the rules and maxims of conduct that may apply to individuals.

Marcus.—And indeed what you expect, my Quintus, harmonizes very well with the subjects of our present discussion. And I wish that it were within my abilities to do justice to it. But the real state of the case is, that since law ought to be both a correctress of vice and a recommender of virtue, the principles on which we direct our conduct ought to be drawn from her. And, thus it comes to pass wisdom is the mother of all the virtuous arts, from the love of which the Greeks have composed the word Philosophy ; and which is beyond all contradiction the richest, the brightest, and the most excellent of the gifts which the Gods have bestowed on the life of mankind. For wisdom alone has taught us, among other things, the most difficult of all lessons, namely, to know ourselves, a precept so forcible and so comprehensive, that it has been attributed not to a man, but to the God of Delphi himself.

For he who knows himself must in the first place be conscious that he is inspired by a divine principle. And he will look upon his rational part as a resemblance to some divinity consecrated within him, and will always be careful that his sentiments as well as his external behaviour be worthy of so inestimable a gift of God. And after he has thoroughly examined himself and tested himself in every way, he will become aware what signal advantages he has received from’ nature at his entrance into life, and with what infinite means

_1 Jn the original the text breaks off here. The remainder of the sentence has been restored in its present form by Lamberius.

and appliances he is furnished for the attainment and acquisition of wisdom ; since, in the very beginning of all things, he has, as it were, the intelligible principles of things delineated, as it were, on his mind and soul, by the enlightening assistance of which, and the guidance of wisdom, he sees that he shall become a good and consequently a happy man.

XXIII. For what can be described or conceived more truly happy than the state of that man, whose mind having attained. to an exact knowledge and perception of virtue, has entirely discarded all obedience to and indulgence of the body, and has trampled on yoluptuousness as a thing unbecoming the dignity of his nature; and has raised himself above all fear of death or pain ; who maintains a benevolent intercourse with his friends, and has learnt to look upon all who are united to him by nature as his kindred ; who has learnt to preserve piety and reverence towards the Gods and pure religion ; and who has sharpened and improved the perceptions of his mind, as well as of his eyesight, to choose the good and reject the evil, which virtue from its foreseeing things is called Prudence ?

When this man shall have surveyed the heavens, the earth, and the seas, and studied the nature of all things, and informed himself from whence they have been generated, to what state they will return, and of the time and manner of their dissolution, and has learnt to distinguish what parts of them are mortal and perishable, and what divine and eternal—when he shall have almost attained to a knowledge of that Being who superintends and governs these things, and shall look on himself as not confined within the walls of one city, or as the member of any particular community, but as a citizen of the whole universe, considered as a single Commonwealth: amid such a grand magnificence of things as this, and such a prospect and knowledge of nature, what a knowledge of himself, O ye immortal Gods, will a man arrive at! That is the warning of the Pythian Apollo, And how insignificant will he then esteem, how thoroughly will he contemn and despise, those things which by vulgar minds are held in the highest admiration !

XXIV. And all these acquirements he will secure and guard as by a sort of fence, by the knowledge how to dis-

1 From providendo ; prudentia being a contracted form of providentia.

tinguish truth from falsehood, and by a certain science and art of reasoning which teaches him to know what. consequences follow from premises, and what proposition is contrary to another. And when such a person feels that nature has designed him for civil society, he will not rest contented with these subtle disquisitions alone, but will put in practice that more comprehensive and continuous eloquence by which he may be able to govern nations, to establish laws, to. punish malefactors, to defend the honest part of mankind, and publish the praises of great men: by which also he may fitly put forth precepts of safety, and panegyrics of virtue, in a way suited to persuade his countrymen: by which also he may be able to rouse them to the practice of virtue, and turn them from wickedness, to comfort the afflicted, and, in fine, to immortalize the wise consultations and noble actions of the brave and wise, and to punish the shame and infamy of wicked men by handing them down in undying records. And of all these important things which are perceived to be in man by those who wish to attain a knowledge of themselves, the parent and nurse is wisdom.

Atticus ——You have given us a very dignified and just eulogium on her. But on what do you mean your remarks to bear ?

Marcus.—Iin the first place, my Atticus, I mean them to bear on those jurisprudential topies which we shall hereafter discuss, which are well nigh as important as the preceding. For these moral principles we have already developed, would not be so grand and so interesting, if the sources from which they arise were not also full of sublimity and beauty. And for the rest, I prosecute this inquiry with pleasure, and I — trust with justice; for I cannot with any conscience pass over in silence that study to which I am devoted, and which has made me all that I am.

Atticus—You speak truly, and as that study deserves ; ° and it was, as you say, proper to do so in this discussion.

BOOK IL.

Introduction to the Second Book

In this Second Book Cicero treats of hierarchical and ecclesiastical laws, and lays down a number of ecclesiastical canons or maxims, which he subsequently expounds at large.

I. Atticus.—Do you feel inclined, since we have had walking enough for the present, and since you must now take up a fresh part of the subject for discussion, to vary our situation ; if you do, let us pass over to the island which is surrounded by the Fibrenus,—for such, I believe, is the name of the other river,—and sit down, while we prosecute the remainder of our discourse ?

Marcus —1 like your proposal; for that is the very spot which I generally select when I want a place for undisturbed meditation, or uninterrupted reading or writing.

Aiticus.—In truth, now Iam come to this delicious retreat, I cannot see too much of it. Would you believe, that the pleasure I find here makes me almost despise magnificent villas, marble pavements, and sculptured palaces? Who would not smile at the artificial canals which our great folks call their Niles and Euripi, after he had seen these beautiful streams? Therefore, as you just now, in our conversation on Justice and Law, referred all things to Nature, so you seek to preserve her domination even in those things which are con- ‘structed to recreate and amuse the mind. I therefore used to wonder before, as I expected nothing better in this neighbourhood than hills and rocks (and, indeed, I had been led to form these ideas by your own speeches and verses)—I used to wonder, I say, that you were so exceedingly delighted with this place. But my present wonder, on the contrary, is, how, when you retire from Rome, you condescend to rusticate in -any other spot.

- ‘Marcus.—But when I can escape bon a few days, especially at this season of the year, I usually do come here, on account of the beauty of the scenery and the salubrity of the air; but it is but seldom that I have it in my power to do so. There is one reason, however, why I am so fond of this Arpinum, whicn does not apply to you.

A tticus,—What reason is that ?

Marcus.—Because, to confess the truth, it is the native place of myself and my brother here; for here indeed, descended from a very ancient race, we ‘first saw the day. Here is our altar, here are our ancestors, and here still remain many vestiges of our family. Besides, this villa which you behold in its present form, was originally constructed, at considerable expense, under my father’s superintendence; for having very infirm health, he spent the later years of his life here, engaged in literary pursuits. And on this very place, too, while my grandfather was alive, and while the villa, according to the olden custom, was but a little one, like that one of Curius in the Sabine district, I myself was born. There is, therefore, an indescribable feeling insensibly pervading my soul and sense which causes me, perhaps, to find a more than usual pleasure in this place. And even the wisest of men, Ulysses, is related to have renounced imap Or Many that he might once more revisit his beloved Ithaca.

IT. Attecus.—I indeed think what you have mentioned a very sufficient reason for your feelings, and for your coming hither with pleasure, and being attached to this place. Moreover, I myself, to say the truth, feel that my love for this house and all this neighbourhood increases, when I remember that you were born and bred up here ; for, somehow or other, we certainly cannot behold without emotion the spots in which we find traces of those who possess our esteem or admiration. And for my own part, even in the case of Athens itself, which I love so greatly, it is not so much the magnificent works, and exquisite specimens of art of the ancients, which delight me, as the remembrance of her great men, and the thought where each of them used to live, and sit down and discourse. Even their very tombs do I contemplate with deep attention. And with the same feelings, I shall for the future love the place the more where you were born.

Marcus.—That being the case, I am very glad that I have brought you here, and shown you what I may almost call my cradle.

Atticus.—And T am greatly pleased at having seen it. But what were you going to say just now, when you called this Arpinum the true country of yourself and your brother Quintus? Have you more than one country, or any other than that Roman commonwealth in which we have a similar interest? Unless, indeed, you mean to say, that the true country of the philosophic Cato was not Rome, but Tusculum.

Marcus.—I indeed should say that Cato, and all municipal citizens like him, have two countries,—the one, that of their birth, and the other, that of their citizenship. As in the case of Cato, who, having been born at Tusculum, was elected a citizen of Rome; so that, as he was a Tusculan by extraction, and a Roman by citizenship, he had one country as his native place, and another as his country in law. So among your Athenians, before Theseus urged them to quit their rural territories, and assembled them at Athens, those that were natives of Sunium, were reckoned as Sunians and Athenians at the same time ; and, in the same way, we justly consider as our country, both the place from where we originated and that in which we have been received. It is necessary, however, that we should attach ourselves by a preference of affection to the latter, which, under the name of the Commonwealth, is the common country of us all. For this country it is that we ought to sacrifice our lives ; it is to her that we ought to devote ourselves without reserve ; and it is for her that we ought to risk all our riches and consecrate all our hopes. But still that land which produced us is not much less dear to us than that which has received us. Therefore I will never disown Arpinum as my country, at the same time acknowledging that Rome is the greater of the two, and that the other is contained in her.

III. Atticus.—It was not, then, without reason that Pompey said in my hearing, when he pleaded conjointly with you the cause of Ambius, that our commonwealth owed great gratitude to this municipality for having given it two of its preservers. For my part, I quite agree with you, that your native place may be called your country, no less correctly than the commonwealth of Rome. But here we are arrived in your favourite island. How beautiful it appears! How bravely it stems the waves of the Fibrenus, whose divided waters lave its verdant sides, and soon rejoin their rapid cur-.

rents! The river just embraces space enough for a moderate walk ; and having discharged this office, and secured us an arena for disputation, it immediately precipitates itself into the Liris; and then, like those who ally themselves to patrician families, it loses it8 more obscure name, and gives the waters of the Liris a greater degree of coolness. For I have never found water much colder than this, although I have seen a great number of rivers ; and I can hardly bear my foot in it, when I wish to do what Socrates did in Plato’s Phedrus.

Marcus.—You are quite right; but my brother Quintus often tells me that your river Thyamis in Epirus is nothing inferior to even this delightful spot in beauty.

Quintus.—And that is the truth, too; and I would have you believe that nothing on earth can surpass the beauties of our friend Atticus’s Amaltheum, and its plane-trees. But if you have no objection, let us repose here in the shade, and return to that part of our subject from which we have digressed.

Marcus.x—You are very persevering in your demands, my Quintus! I thought that we had done with the question ; but you are not a man to allow any one to remain in your debt.

Quintus.—Pray begin, then ; for all this day is devoted to hearing you.

Marcus.—‘ With Jupiter the Muses shall toed as I said in my translation of Aratus.

Atticus. — Wherefore this exordium ?

Marcus.—Because on this occasion we cannot do better than commence by invoking him and the other immortal ods. Quintus.—There can be no objection to this: it is but decent and proper.

IV. Marcus. -—- Let us, then, ones more examine, béfore we come to the consideration of particular laws, what is. the power and nature of law in general ; lest, when we come to refer everything to it, we occasionally make mistakes from the employment of incorrect language, and show ourselves ignorant of the force of those terms which we ought to employ in the definition of laws. ©

Quintus. —This is a very necessary caution, and the proper method of seeking truth,

~ Marcus:—This, then, as it appears to me, has been the decision of the wisest philosophers,—that law was neither a thing contrived by the genius of man, nor established by any decree of the people, but a certain eternal principle, which governs the entire universe, wisely commanding what is right and prohibiting what is wrong. Therefore they called that aboriginal and supreme law. the mind of God, enjoining or forbidding each separate thing in accordance with reason. On which account it is, that this law, which the Gods have bestowed on the human race, is so justly applauded. For it is the reason and mind of a wise Being equally able to urge us to good and to deter us from evil.

Quintus. —You have, on more than one occasion, already touched on this topic. But before you come to treat of the laws of nations, I wish you would endeavour to explain the force and power of this divine and celestial law, lest the torrent of custom should overwhelm our understanding, and betray us into the vulgar method of expression.

Marcus.—From our childhood we have learned, my Quintus, to call such phrases as this, “that a man appeals to justice, and goes to law,” and many similar expressions, law ; but, nevertheless, we should understand that these, and other similar commandments and prohibitions, have sufficient power to lead us on to virtuous actions and to call us away from vicious ones. Which power is not only far more ancient than any existence of states and peoples, but is coeval with God himself, who beholds and governs both heaven and earth. For it is impossible that the divine mind can exist in a state devoid of reason ; and divine reason must necessarily be possessed of a power to determine what is virtuous and what is vicious. Nor, because it was nowhere written, that one man should maintain the pass of a bridge against the enemy's whole army, and that he should order the bridge behind him to be cut down, are we therefore to imagine that the valiant Cocles did not perform this great exploit agreeably to the laws of nature and the dictates of true bravery. Again, though in the reign of Tarquin there was no written law concerning adultery, it does not therefore follow that Sextus Tarquinius did not offend against the eternal law when he committed a rape on Lucretia, daughter of Tricipitinus. For, even then he had the light of reason deduced from the nature of things, that incites to good actions and dissuades from évil ones ; and which does not begin for the first time to be a law when it is drawn up in writing, but from the first moment that it exists. And this existence of moral obligation is coeternal with that of the divine mind. Therefore, the true and supreme law, whose commands and prohibitions are equally _ authoritative, is the right reason of the Sovereign Jupiter.

V. Quintus.—I grant you, my brother, that whatever is just is also at all times the true law; nor can this true law either be originated or abrogated by the written forms in which decrees are drawn up.

Marcus.—Therefore, as that Divine Mind, or reason, is the supreme law, so it exists in the mind of the sage, so far as it can be perfected in man. But with respect to civil laws, which are drawn up in various forms, and framed to meet the occasional requirements of the people, the name of law belongs to them not so much by right as by the favour of the people. For men prove by some such arguments as the following, that every law which deserves the name of a law, ought to be morally good and laudable. It is clear, say they, that laws were originally made for the security of the people, for the preservation of states, for the peace and happiness of society ; and that they who first framed enactments of that kind, persuaded the people that they would write and publish such laws only as should conduce to the general morality and happiness, if they would receive and obey them. And then such regulations, being thus settled and sanctioned, they justly entitled Laws. From which we may reasonably conclude, that those who made unjustifiable and pernicious enactments for the people, acted in a manner contrary to their own promises and professions, and established anything rather than laws, properly so called, since it is evident that the very signification of the word law, comprehends the whole essence and energy of justice and equity.

I would, therefore, interrogate you on this point, my Quintus, as those philosophers are in the habit of doing. If a state wants something for the want of which it is reckoned no state at all, must not that something be something good?

Quintus.—A very great good.

Marcus.—And if a state has no law, is it not for that reason to be reckoned no state at all? -

Quintus.—We must needs say so.

Marcus.—We must therefore reckon law among the very best things.

Quintus.—I entirely agree with you.

Marcus.—lf, then, in the majority of nations, many pernicious and mischievous enactments are made, which have no more right to the name of law than the mutual engagements of robbers, are we bound to call them laws? For as we cannot call the recipes of ignorant and unskilful empirics, who give poisons instead of medicines, the prescriptions of a physician, so likewise we cannot call that the true law of a people, of whatever kind it may be, if it enjoins what is injurious, let the people receive it as they will. For law is the just distinction between right and wrong, made conformable to that most, ancient nature of all, the original and principal regulator of all things, by which the laws of men should be measured, whether they acer the guilty or protect and preserve the innocent.

VI. Quintus.—I quite colonial you, and think that no law but that of justice should either be proclaimed as one or enforced as one.

Marcus.—Then you regard as null and void the laws of Titius and Apuleius, because they are unjust.

Quintus.—Yes; and I would say sie same of the laws of Livius.

Marcus.—You are right, and so sali the more, since a single vote of the senate would be sufficient to abrogate them in an instant. But that law of justice, the power of which I have explained, can never be discarded or abrogated.

Quintus.—And, therefore, you will require such laws as can never be abrogated.

Marcus.—Certainly, if I could get you both to agree with me. But Plato, that wisest of all men, that most dignified of all philosophers, who was the first man who ever composed a treatise on a Commonwealth, and afterwards a separate one on Laws, induces me to follow his illustrious example, and to proclaim the praises of law, before I begin to recite its regulations. Such, likewise, was the practice of Zaleucus and Charondas, who wrote the laws which they gave their cities, not for the sake of study or amusement, but for the benefit of their country and their fellow-citizens,

DE NAT. ETC, FE

And imitating them, Plato considered that it was the property of law, to persuade in some instances, and not to compel everything by threats and violence.

Quinitus.—What, do you. venture to cite Zaleucus, when Timeeus denies that he ever existed ? |

Marcus.—But Theophrastus, an author, In my opinion, quite as respectable, and as many think much more so, corroborates my statement. His fellow-citizens too, my clients, the Locrians, commemorate him; but whether he was a real man or not, is of no great consequence to our argument : we are only speaking according to tradition.

VII. Let this, therefore, be a fundamental principle in all societies, that the Gods are the supreme lords and governors. of all things,—that all events are directed by their influence, and wisdom, and Divine power; that they deserve very well of the race of mankind ; and that they likewise know what sort. of person every one really is; that they observe his actions, whether good or bad; that they take notice with what feelings and with what piety he attends to his religious duties, and that they are sure to make a difference between the good and the wicked.

- For when once our minds are confirmed in these views, it will not be difficult to inspire them with true and useful sentiments. For what can be more true than that no man should be so madly persumptuous as to believe that he has. either reason or intelligence, while he does not believe that the heaven and the world possess them likewise, or to think that those things which he can scarcely comprehend by the greatest possible exertion of his intellect, are put in motion without the agency of reason ?

In truth, we can scarcely reckon him a man, whom neither the regular courses of the stars, nor the alternations of day and night, nor the temperature of the seasons, nor the productions that nature displays for his use and enjoyment, urge to gratitude towards heaven.

And as those beings which are furnished with reason are incomparably superior to those which want it, and as we cannot say, without impiety, that anything is superior to the universal Nature, we must therefore confess that divine reason is contained within her. And who will dispute the utility of these sentiments, when he reflects how many cases of the greatest importance are decided by oaths; how much the sacred rites performed in making treaties tend to assure peace and tranquillity; and what numbers of people the fear of divine punishment has reclaimed from a vicious course of life; and how sacred the social rights must be in a society where a firm persuasion obtains the immediate intervention of the immortal gods, both as witnesses and judges of our actions? Such is the “preamble of the law,” to use the expression of Plato.

Quintus.—I understand you, my brother; and I am greatly pleased to find that you take a different view of the subject, and dwell upon other points of it, than those which he selects, for nothing can less resemble his opinions, than what you have just now asserted, even in this preamble. The only matter in which you seem to me to imitate him, is his style and language.

Marcus.—I wish, indeed, I did, but who is, or who ever will be able to imitate that? As to his sentiments, it is easy enough to translate them, and, indeed, that is what I should do if | did not wish to be altogether original. For what difficulty is there in stating the same doctrines as he does, translated from him almost word for word ?:

Quintus.—I entirely agree with you ; for as you have just remarked, your arguments ought to be entirely your own. Begin, then, if you will do us the favour, and Pn. nen the laws of religion.

Marcus. nel will explain them as well as I can; and since both the topic and the conversation is a familiar « one, I shall begin by describing the laws of laws.

Quentus.— What laws do you mean ?

Marcus,—There are certain terms in law, my Quintus, not. so ancient as those in the primitive sacred laws, but still, in order to carry with them greater authority, being of a somewhat greater antiquity than the common parlance of the people. These legal terms, I shall mention with as much brevity as possible ; and I shall endeavour to expound the: laws, not. indeed in their whole extent, for this would be a boundless subject, but those which involve the principles, and contain the sum and substance of the rest.

Quintus.—This appears a most desirable method : lot us therefore hear the terms of the law.

FF2Z

VIII. Marcus.—Such are the following :—Let men approach the gods with purity—let men appear before them in the spirit of devotion—let then remove riches from their temples ; whoever doth otherwise shall suffer the vengeance of heaven—let no one have private gods—neither new gods nor strange gods, unless publicly acknowledged, are to be worshipped privately—let the temples which our fathers have constructed in the cities; be upheld—let the people maintain the groves in the country, and the abodes of the Lares—let . men preserve the customs of their fathers and of their family —let the gods who have always been accounted celestial be worshipped, and those likewise who have merited celestial honours by their illustrious actions, such as Hercules, Bacchus, A’sculapius, Castor, Pollux, and Quirinus. Let due | honour be likewise paid to those virtues, by which man is exalted to heaven,—as Intelligence, Valour, Piety, Fidelity ; and let temples be consecrated to their honour—with regard to the vices, let no sacred sacrifices be paid to them.

Let men put aside all contentions of every kind on the sacred festivals, and let servants enjoy them, their toils being remitted, for therefore they were appointed at certain seasons. —Let the priests duly render the public thank-offerings to heaven, with herbs and fruits, on the sacrificial days. Also, on the appointed holidays, let them offer up the cream of milk, and the sucklings ; and lest the priests should commit any mistakes in these sacrifices, or the reason of these sacrifices, let. them carefully observe the calendar, and the revolutions of the stars—Let them provide those particular victims which are most appropriate and agreeable to each particular | deity.—Let the different gods have different orders of priests (sacerdotes).—Let them all have pontiffs in common ; and let each separate god have his Flamen.

Let the Vestal Virgins in the city carefully keep the eternal fire of the public altar always burning; and, that this may be done both publicly and privately with all due form and ceremony, let those who are not instructed in the order of the ceremonials learn it from the public priests. Let there be two classes of these priests, one to preside over ceremonials and sacrifices, and the other to interpret the obscure predic~ tions of the prophets and diviners, whenever the senate and the people require it. Let the public Augurs, who are the anterpreters of the all-good and all-great Jupiter, likewise examine the presages and the auspices, according to the discipline of their art. Let the priests who are conversant in auguries implore prosperity for the vineyards and gardens, and pray for the general welfare of the people. Let those who give counsel in military or civic affairs attend to the auspices, and be guided by them. Let them guard against the anger of heaven, and appease it; and observe from what parts of heaven the lightnings burst forth. Let them declare what lands, cities, and temples, are to be held free and consecrated. Whatever things the augur declares to be unjust, ill-omened, vicious, and accursed, let them be forsaken as prohibited and disastrous, and whoever will not obey these divine indications, let him suffer capital punishment.

IX. As to alliances, peace, war, truces, and the rights of ambassadors, let the two Feciales be the appropriate judges, and let them determine all questions relating to military affairs. Let them report all prodigies and portents to the Etruscans and soothsayers, if the senate orders it ; and let the chiefs of Etruria explain their system. Then will they learn what deities it behoves them to propitiate, and deprecate the fury of the thunderbolt against the object of its vengeance.

Let there be no nocturnal sacrifices performed by women, except those which they offer according to custom on behalf of the people; and let none be initiated in the mysteries except by the usual forms consecrated to Ceres, according to the Grecian ceremonials,

A crime which has been committed and cannot be expiated has been an act of impiety; as to the faults which can be expiated, let the public priests expiate them.

Let men temper the public hilarity with song, and harp, and flute at the public games, as far as can be done without the games of the race-course and the wrestling-matches, and let them unite these amusements with the honours of the gods. Let them retain whatever is best and purest in the ancient form of worship. Except the devotees of Cybele, to whom this privilege is allowed on certain days, let no one presume to levy rates for private emolument. Whoever purloins or robs any temple, or steals any property deposited in a. temple, shall be accounted a parricide. The divine punishment of perjury is destruction,—the human penalty is infamy,

With regard to incest, let the chief priests sentence it to the extremest penalty of the law.

Let not the impious man attempt to appease the gods by gifts and offerings. Let vows be carefully performed. Whereever law is violated let its punishments be executed. Let no private person presume to consecrate his land; and let his consecration of gold, silver,.and ivory, be made within the limits of moderation. Let the sacred actions of private persons be preserved inviolate for ever. Let the rights of the Deities of the dead be considered sacred. Let those who have passed into the world of souls be considered as deified ; but let men diminish the unnecessary expense and sorrow which is lavished on them.

X. Atticus.—You have managed to include a great deal of law in a very small compass 5 but it seems to me, that this class of religious maxims does not much differ from the laws of Numa and our national regulations.

Marcus.—-Do you suppose, then, that when, i my Treatise on the Commonwealth, Scipio appears to be arguing that our ancient Roman Commonwealth was the best of all republics, it was not indispensable that I should give laws of boreeRpene ing exeellence to that best of all republics,

“Atticus. —Undoubtedly I think you should.

Marecus.—Well, then, you may expect such laws as may embrace that most perfect kind of republic. And if any others should haply be demanded of me this day, which are not ‘to be found, and never have existed, in our Roman Commonwealth, yet even these formed a portion of the customs of our ancestors, which at that time were maintained as religiously as the laws themselves. | :~ Attieus.—Proceed, then, if you please, to propose these laws, that I may have the pleasure of ratifying them by my vote.

Marcus.—Are you sure, my Atticus, that when you hear them, you will not say something very different ?

Attieus.—I do not think so! I believe I shall entirely agree with you respecting the greater laws. And as for the minor ones, I shall concede them to you, and pass sentence accordingly.

Marcus.—And that is my opinion, too. However, take care that it does not turn out a long business. ee on wert LAWS, 439

Atticus.—I wish it might. For what could we find to do which could be more delightful !

Marcus.—One of the legal maxims I heve mentioned, states, that we should approach the gods with purity,—that is to say, with purity of mind, for this is everything. Not that the Jaw dispenses with purity of body; but this must. be understood, inasmuch as the mind is far superior to the body ; and it may be observed, that if we are to be attentive to the purity of our persons, we ought to be still more so to the purity of our souls. For the pollutions of the body may indeed be removed by a few ablutions of water, or in a few days; but the stains of the conscience cannot be obliterated by any lapse of time, and all the rivers in the world cannot wash them out.

The next legal maxim commands us to cultivate piety, and to banish costliness from our temples; which signifies that piety is grateful to God, and that all extravagance is displeasing to him. For if in our social relations we desire that distinctions of wealth and poverty should not induce us to forget the fraternal equality of men, why should we throw a stumbling-block in the approaches of mortals to their Maker, by requiring costly sacrifices and offerings. Especially since nothing could be less agreeable to the Deity than to see that the way to propitiate and worship him was not open to all men.

And with respect to the statement that God is not merely a judge, but an avenger, the sense of religion appears to be strengthened by the fear of immediate punishment which awaits the offender.

And for individuals to worship private gods, or new gods, or strange gods, would introduce a confusion of religions, and all kinds of unknown ceremonies. This is not the way in which gods accepted by the priests and by the senate should be worshipped, even if they approved of such regulations.

I think the temples of our ancestors should be maintained in our cities. In which respect I do not agree with the doctrine of the Persian Magi, by whose advice, they say, Xerxes set fire to the temples of the Greeks, because they enclosed between the walls the Gods, to whom all things are free and open, and whose appropriate temple and dwelling- “place is the boundless universe.

_ XI. The Greeks, and the Romans after them, have adopted a more rational opinion, who, in order to confirm the devotion which we entertain for the gods, have wished them to inhabit the same cities which we abide in ourselves. For this opinion promotes a religion which has a useful influence on society, _ For, according to the noble sentence of Pythagoras, “then chiefly do piety and religion flourish in our souls, when we are occupied in divine services.” And according to Thales, the most renowned of the seven sages of Greece, “men ought to be persuaded that all things which are seen are full of the gods.” For that all men will be the more pure and holy when they frequent the temples of the gods, for there, in a certain sense, they have the divine images, not only impressed on their minds, but actually presented before their eyes. The Same argument applies to the preservation of the sylvan fanes and sacred groves,

Nor are the religious honours, which, according to ancestral custom, masters and servants pay to the dares, in the courts of our villas and farms, to be abated.

The rights of ancestors are likewise to be preserved in their families, for since the ancients approached nearest to the gods, that religion which the gods handed down to them is a tradition most worthy of memorial.

And when the law commands us to render divine honours to those of the human race who have been consecrated as deities, such as Hercules, and the rest of the demi-gods, it indicates that the souls of all men indeed are immortal, but that those of saints and heroes are divine.

Itis right, also, that Intelligence, Piety, Valour, and Fidelity should be formally consecrated; all of whom possess temples which have been publicly dedicated to them at Rome, so that those who cultivate these admirable virtues, as indeed all worthy men do, may think that they have the gods themselves seated in their souls.

But what is scarcely to be tolerated is, that at Athens they should have raised a temple to Insolence and Impudence, as they did at the instigation of Epimenides of Crete, after the expiation of the crime of Cylon, For it is the Virtues, and not the Vices, which it is becoming to consecrate. Now there is an ancient altar on the Palatine hill dedicated to Fever, and another on the Esquiline hill sacred to Misfortune, which is detestable, for all things of this kind should be repudiated.

But when we forge titles according to the fancy of the poets, and call Jove Vicepota, from his power of conquering,’ and taking possession; and speak, too, of Stata,? and Stator,’ and the invincible Jupiter, and consecrate the names of desirable things, such as Safety, Honour, Wealth, and Victory, we perhaps do little harm; and, since our minds are supported by the expectation of excellent things, it was not amiss for Calatinus to consecrate Hope. And Fortune may be either this day’s fortune, for she embraces all days, or retrospective fortune, as bringing assistance; and we may worship her as Chance, as presiding over irregular accidents, or under the name of primé genia, from producing.* * t RP

XII. Then comes the order of Festivals and Holidays, in which all men should be free, and spend their time without strife or litigation, and which afford the slaves periods of rest and cessation from labour, which the arranger of the calendar ought to appoint, with a just reference to the seasons of the year, so that their distribution may rather facilitate than interrupt the useful labours of agriculture. And with respect to the time when the rites of sacrifice are to be offered, with the young animals appointed by Jaw, the exact intervals of intercalation are to be accurately observed, an institution which, originating with Numa, was impaired by the negligence of subsequent pontifis.

It is not desirable to change the regulations which the pontifis and soothsayers have made respecting what sacrifices are to be offered to each god, as to whether they are to be fullgrown victims or sucklings, or males or females.

With respect to the priests, the great number cf those who serve all the gods, and those, too, who are attached to a single deity, ought to be ready to answer all questions about law, and to explain all the ordinances and duties of religion.

Now as Vesta, according to the meaning of the Greek word, which the Latins haye retained, is as it were the perpetual fire of the city, the vestal virgins preside over it with the greatest propriety, that they may the more easily keep the sacred flame ever burning and inviolable, and that women

1 Vincendi, et potiendi, 2 Probably the same as Vesta. 3 A name given to Jupiter as stopping the flight of armies. 4 From primus, first, and gigno, to produce.

_ 5 Here some of the original is lost, may learn that the purest chastity constitutes the perfection of their nature.

What follows concerns not religion only, but the general order of the state; namely, the prohibition which restrains private individuals from offering sacrifices without the superintendence of the public ministers of religion. For it amounts to this, that under a sound government the people have always need of the counsel and authority of the chief men; and the order of priests should take cognizance of every kind of orthodox religion. |

For there is one class appointed to propitiate the gods, when offended, who preside over solemn sacrifices; others are ordained to interpret the predictions of the prophets, not indeed of many prophets, lest their tasks should be infinite, and lest any one out of the college should know those matters which were decided on for the public good.

One of the greatest and most important offices in the Commonwealth is that of the augurs, conjoined as it is with the highest authority. I do not say this because I am an augur myself, but because we are bound to be of this opinion. For what can be more important in respect of official dignity, than the power of dismissing the assemblies of the people, and the councils, though convoked by the chief rulers, or of annulling their enactments? What, I say, can be more absolute power than that by which even a single augur can . adjourn any political proceeding to another day? What can be, more transcendent than that authority which may command even consuls to lay down their office? What more sacred than their power of granting or refusing permission to form treaties and compacts? or their power of abrogating laws which have not been legitimately enacted, as in the case of the Titian law, which was annulled by a decree of the pontifical college; and the Livian Jaw, which was likewise annulled by the advice of Philippus, who was at once consul and augur. What can be more honourable than the fact that there is no edict of the magistrates, relating either to domestic or foreign affairs, which can be ratified without the augur’s authority. 3 M !

XIII. Atticws.—I know all that, and I confess that their authority is very great; but there is a warm dispute in your colleges between Marcellus and Appius, two of your best augurs. For I have met with the books of both, and I find that one of them affirms that auspices are merely got up for the interests of the state, and the other seems to think that they really are supernatural divinations. Now, I ask, what is your opinion on this point ¢ Marcus.—For myself, I sincerely believe that there exists an art which the Greeks call Mavrixy, or divination; and that the flight of birds and other signs, which the augurs profess to observe, form a part of this divination. For when we grant the existence of the supreme gods, and their intellectual government of the universe, and their benignant consideration for the interests of the human race, and their power of granting us intimations of future events, I know not why we should deny the art of divination. And ‘the signs which they give are such as I have already mentioned, by which the truth of my position is conclusively proved. | Besides this, not only does the history of our Commonwealth afford us an infinite number of ‘examples which confirm this truth, but all kingdoms, peoples, and nations, bear testimony that in many instances the predictions ‘of augurs have been: wonderfully fulfilled. Thus the traditions of Polyidus,* Melampus,*? Mopsus,’ Amphiaraus,* Calchas,> and Helenus,® would not have made so much noise in the world, nor would they at this time be accredited by so many nations, —Arabians, Phrygians, Lycaonians, Cilicians and Pisidians+— unless antiquity had handed them down as true and indisputable. Nor would our Romulus have consulted the auspices before he founded Rome,‘ nor would the name of -Accius Navius have so long flourished in the memory of our citizens, if events had not justified their wonderful predictions. But, 1 Polyidus is mentioned in the Iliad, xiii, 663, as the father of Kuchenor. He wasa soothsayer of Corinth, = = aati ? Melampus is mentioned in the Odyssey, xv. 225, as a soothsayer in Pylos. He was looked upon by the ancients as the first mortal who practised divination, and as the introducer of the worship of Bacchus into Greece. In the latter part of his life he ruled over a part of Argos. 5 Mopsus was one of the Lapithe. 3 a * Amphiaraus was a descendant of Melampus, king of Argos, and one of the seven chiefs who besieged Thebes. > _ 563 ee ° Calchas was, as is universally known, the soothsayer of the Greek army in the Trojan war, | | ie WI ° Helenus was a son of Priam, and very eminent as a prophet. See Virg. An, iii, 245—374, oa a. Se th A ME Ti doubtless, this science and art of augury has to some extent vanished away by age and negligence. ‘Therefore, for my part, [ neither agree with Marcellus, who maintains that our college of augurs never was in possession of this science ; nor do I agree with Claudius, who asserts that we still preserve it. And, indeed, it appears to me, among our ancestors to have been of a twofold nature, so that it was sometimes used for political convenience, though very often as a real guide and director in counsel and action. ;

XIV. Atticus—I think that that was the case, and I very much agree with these views of yours on the subject,— but proceed.

Marcus.—I will, and as concisely as possible. What follows relates to the rights of war; in commencing, conducting, and concluding which, justice and good faith are of the greatest importance. By our law we have, therefore, appointed public interpeters of these rights.

As to the religious duties of the soothsayers, and their explations and sacrifices, I think that enough, and more than enough, is said in the law itself.

Atticus.—I think so too, since that branch of the law relates exclusively to religious ceremonials.

Marcus.—As to what follows, my Atticus, I scarcely know in what terms it becomes me to animadvert upon it, or you to assent to it.

A tticus.—What is that ?

Marcus.—The law respecting the nocturnal sacrifices of women. ,

Atticus.—Oh! I assent to their suppression by all means, with the exception.of those solemn and public sacrifices contained in the law itself. . _ Marcus.—But if we suppress the nocturnal sacrifices, what will become of the august mysteries of Iacchus and the Eumolpide? For we are constructing laws, not for the Romans only, but for all just and valiant nations.

Atticus.—I think it but courteous to except those mysteries likewise, in which we ourselves have been initiated.

Marcus.—With all my heart let us except them, Tor it seems to me that among the many admirable and divine things your Athenians have established to the advantage of human society, there is nothing better than the mysteries by which we are polished and softened into politeness from the rude austerities of barbarism. Justly indeed are they called initiations, for by them we especially learn the grand principles of life, and gain, not only the art of living agreeably, but even that too of dying with a better hope.

But the comic poets are sufficient to show what displeases me in the nocturnal mysteries. If such licence was allowed at Rome, what abominations might not be committed by the man who should carry premeditated debauchery into the mysteries, in which even a stolen glance was in ancient times a crime ?

Atticus.—Content yourself with proposing this law for Rome: do not rob the Greeks of their customs. :

XV. Marcus.—Well, then, let us return to our laws, in which it is most diligently ordained that the clear daylight should be the safeguard of female virtue in the eyes of the multitude ; and that they should only be initiated in the mysteries of Ceres, according to the Roman custom. .

In reference to this topic, we have an extraordinary instance of the severity of our ancestors in the public prosecution and punishment of the Bacchanals by the senate, supported by the consular armies. And this severity of the Roman government is not singular, since Diagondas of Thebes, in the middle of Greece, suppressed all nocturnal mysteries by a perpetual prohibition. And; Aristophanes, the most facetious of the old Greek comedians, so satirized the new gods and the nocturnal rites of their worship, that he represents Sabazius and other foreign deities condemned as aliens, and obliged to pack off from the city.

But the public priest shall acquit of guilt those irregularities committed by imprudence, and which have been carefully expiated. But he shall judge as scandalous and impious the audacity which would introduce impure religious customs.

With respect to public shows and amusements, since they are generally divided into those of the circus and of the theatre, let corporeal contests, such as running, boxing, wrestling, and chariot-races for the palm of victory, be confined to the circus. And let dramatic recitations, with vocal music and singing, and lyres and flutes, be practised in the theatre as by law prescribed, as long as they are kept within the bounds of moderation. For I think with Plato that nothing more readily influences tender and susceptible minds, than the varied melodies of music ; whose power of raising both good and evil passions is almost beyond expression ; for music can excite the depressed, and depress the excited, and augment our energies, or contract them. It would have been well for | many of the Greek cities, if they had maintained the spirited and invigorating character of their ancient. music ; for since their music has been changed, their morals and manners have lapsed into voluptuousness and effeminacy: either because, as some people think, their dispositions have been depraved by this seducing and enervating music; or because, after severity of virtue had yielded to the temptation of other vices, there was then found room, both in their ears and incelinations, for this change also. )

Therefore it was that Plato, that wisest and by far the most learned philosopher of Greece, so much dreaded the effects of music on his fellow-countrymen: for he denied that it was possible to change the laws of music, without likewise changing the public laws. But though I am not quite so apprehensive as he with respect to the influence of music, I by no means believe that it. deserves to be slighted. Without going further, let me observe the effect of that influence among our Romans. The verses of Livius and Neevius, which used.to be sung with a manly simplicity and energy, are now chanted forth with all sorts of grimaces and contortions of the eyes and head, according to the variation of the airs. Ancient Greece never permitted this sort of conduct, wisely foreseeing, how gradually this kind of effeminacy, if it once got possession of the citizens, would ruin all their cities with false arts and evil principles. And therefore the stern Lacedemon ordained that the harp of Timotheus should possess but seven chords, and that the rest should be taken away.

XVI. Our next legal maxim is, that we should retain whatever is best in our ancient customs. When the Athenians consulted the Pythian Apollo what religious observances they sKould chiefly cultivate, the oracle answered, “ Those which were in accordance with the customs of their ancestors.” And when the Athenians came to consult the oracle again, alleging that the customs of their ancestors had been often changed, and desired to know which custom they should select from the variety, the oracle replied, The best. And indeed the’ truth is, that for the most part that is to be accounted the most ancient and the nearest the gods which is the best,

We have by another legal maxim prohibited the levy of rates for private emoluments, with the exception of those that are made during a few days in honour of Cybele. Such a custom fills men’s mind with superstition, and impoverishes their families.

We have awarded a due punishment for all sacrilegious persons, not those: only who rob a temple, but also those who steal anything which has been entrusted to a temple, a custom which exists in many temples. Thus Alcxander 1s said to have consigned a sum of money in the temple of Soli in Cilicia, and Clisthenes the Athenian, a very worthy citizen, when he thought his fortune was in danger, consigned his daughters’ dowries to the care of Juno, in her temple at Samos, |

We must now come to the question of perjury; with regard to the laws against incest, this is not the place to say anything. rae -

Let impious criminals listen to Plato, that they may not dare to attempt to propitiate the Gods with gifts ; for he forbids us to doubt what feelings God must entertain towards such when even a good man is not willing to receive presents; from a wicked one. Diligence in paying our vows, and care in making them as obligations to God, is sufficiently enjoined” in the law ; but the punishment of those who violate the sacred rites of religion, cannot reasonably be objected to.

Why need I here cite the examples of those impious wretches of whose crimes and punishments the tragedies are full? Let us rather speak of those things which come under. our own observation. And though I am apprehensive lest the following may seem to have surpassed the usual fortune of men, yet as our present conversation is so familiar and confidential between ourselves, I will hide nothing; and J trust that what I shall say may be looked upon rather as a. mark of my gratitude towards the immortal gods, than as. a piece of offensive boasting. é | : a % se * % % * 1 - XVIL At that time all the laws of religion were polluted 1 There is a hiatus here. : | by the wickedness of abandoned citizens, during the period of my banishment. My domestic gods and lares were violated, and a temple to licentiousness built on the ruins of their edifice; while he who alone could defend them was driven from their altars. Consider, then, a moment, (for I need not mention names,) what was the termination of such proceedings. I, who suffered not the statue of Minerva, the guardian of our city, to be polluted by impious hands during the uni-— versal ruin of my house and property, and who conveyed her safely from my home to the temple of her own Father ; did I not by thus acting obtain the suffrage of the senate, and Italy, and in short of all nations of the earth, as the preserver of my country ?—than which what more glorious thing could happen to mortal man ?

And of my enemies, on the other hand, who had abominably violated the sacred rites of religion, some were put to confusion and banished into different countries ; but those who were their chiefs, and who headed them in all their crimes and impieties, not only suffered degradation during life, but were denied the privilege of sepulture and funeral ceremonies.

Quintus.—Yes, my brother, you have described these events as they occurred, and we cannot feel too grateful to the Gods ; but we too often see conduct of this kind meet with a very different requital.

Marcus.—That is because we judge not as we ought to

Judge, respecting divine punishments ; but we are carried by the tide of public opinion into error, and do not discern the true nature of things. We estimate the miseries of man by death, pain of body, sorrow of mind, or judicial punishments, which, I grant, are accidents to which mankind is liable, and are such as have befallen many good men; and there is a grievous punishment of guilt, which is in itself an evil of infinite magnitude, even exclusive of the external results which attend it. I have seen those, who, had they not been enemies to their country, would never have been foes to me, tormented. beyond description by their own bad passions ; racked with concupiscence, and with terror and evil conscience : at one time through fear not knowing what to do; at another contemning religion, breaking down all the enactments of justice, and corrupting the judgments of men, though they could not corrupt the Gods. But I must restrain myself, and go no further in invective ; and I have the less occasion to do so, because my vengeance has already been carried beyond my desire. I would only lay it down that thus much is proved, that the divine punishment is of a twofold nature, inasmuch as it consists in the pangs of conscience while they live, and in such a character of them after they are dead that their destruction is approved of by the judgment and satisfaction of the living.

XVIII. I entirely agree with Plato, that private estates ought not to be consecrated, who, if I can but translate them correctly, uses nearly these words: “The earth, therefore, is consecrated to all the gods, as the grand altar of all homes. Therefore, let no one consecrate a second time what is already consecrated. As to gold and silver, in cities, or in private houses, or in temples, this sort of property is but a hateful thing to be consecrated. Asgto ivory, which‘ is extracted from a lifeless body, it is scarcely pure enough to be a gift for the Gods. Brass and iron are the instruments of war, not of a temple. With regard to wood, if any one wishes to dedicate a statue of wood to a divinity, let it be formed from a single tree. The same remark applies to the statues of stone in common temples. As to the airy woven work, it should not be more elaborate than a woman can make it in a month. And the colour white is most agreeable to God, in general, and especially so in woven fabrics. And let there be no dyed colours, excepting on military decorations. And the most suitable offerings which we can offer to the Gods are birds, and other simple figures, such as one painter may draw in one day; and let the other gifts have the same character of simplicity.”

Such is the opinion of Plato. For my part, I am not quite so strict in my limitations, having to regard both the present tone of public morals, and the luxurious habits of the times, Besides, I suspect that agricultural industry would languish, if superstitious ceremonials were allowed unduly to interfere with the cultivation of the ground by the instruments of husbandry. re

Atticus.—I understand you ; it remains for you to speak on the perpetual sacrifices and the rights of the Manes.

Marcus.—What a wonderful memory you possess, my Atticus! I had forgotten that. point.

DE NAT, ETC, GG

Atticus—Very likely. Nevertheless, I recollect these things the better, and expect them with more anxiety, because they are associated both with the pontifical and civil law.

Marcus.—Very true; and on these points our statutes and written enactments are very clear and distinct. And for my part, throughout all this familiar conversation, to whatever kind of law our discussion may conduct me, I will treat of our civil jurisprudence with as much simplicity as possible —in such a manner, that you may easily distinguish on what principle every legal case depends ; so that it will not be difficult for any one possessed of a moderate share of intelligence to find the rights of the question, whatever new cause or consultation shall arise, when he shall know how to refer the points of debate to their appropriate maxim. )

XIX. But, unhappily our lawyers, either for the sake of raising casuistical objections a order that they may seem to know more difficult points than they really understand—or, as is most likely, through ignorance of the art of teaching and conveying instruction (for not only is art shown in knowing a thing, but there is also a certain art in teaching it)—our lawyers, 1 say, often divide a legal doctrine, which is essentially simple, into an infinite variety of technical distinctions. With relation to our present topic, for instance, what a wonderful cloud of sophistries has been raised -by the two Sezevolas, both pontiffs, and both equally skilful in the law! “ Often,” says Publius the son, “have I heard from my father, that no one can make a good pontiff, unless he understands the civil law.” What, the whole of it? Why so? What in the world has a pontiff to do with the rights of partition walls, aqueducts, &c.? Or does he mean only that part of the civil Jaw which is connected with ecclesiastical polity? But how inconsiderable is this, with the exception of certain sacrifices, vows, holidays, burials, and things of that kind. Why, then, should we make these of so much importance, when the others are so insignificant ? sa

Concerning those sacrifices however, which topic is a more extensive one, this should be our only opinion: that they should be preserved perpetually,—and pass in succession through families, so that, as I have stated in my account of the law, the sacred rites may be constant. On this principle, the poutiffs have decided that these rites should be handed down through all generations, so that their memorial should not fail with the life of the ancestor, and that their obligations should devolve“on those who inherit the family estates.

On this principle alone, which might suffice for the regulation of all relative cases, have our lawyers raised innumerable quibbles, which fill their books. They demand, forsooth,; who are bound to administer these sacred rites ? Common justice evidently points out the heir of the deceased ; for there is no other person who more appropriately occupies the position of

- him who has departed. Next to the heir, stands the legatee, who by the death of the deceased, or by virtue of his will, sometimes takes as much as all the heirs. All this is implied in the maxim, and perfectly corresponds to its design. Thirdly, if there be no heir, the obligation attaches to him who takes the largest share of the goods which belonged to the deceased. Fourthly, if there be no heir or legatee who receives anything, it binds the chief creditor, who | gains the largest share of the estate. The last person on whom the: obligation of discharging the sacred rites can fall, is the debtor. of the defunct, who ‘not having discharged the debts he owed him, will stand in the same position as if he had received a leeacy to an equivalent amount. .

XX. It is thus that Sceevola instructed us in many points of law, which were not so defined by our forefathers, For they regulated the whole business in the following simple

\ terms :—“ A person may become liable to the obligation of discharging the sacred rites of the deceased in three ways ; first, as the heir; secondly, as the legatee, who takes the greater part of the property; thirdly, as the largest creditor, in case the estate is encumbered. But we learn one thing from Sczevola the pontiff, namely, that all the new arrangements depend on a single principle, which is the wish of the | priests to attach the money to the sacred rites; and they judge all festivals and ceremonies by the same rule. | : The Sceevolas likewise establish this regulation, when there. is a division of the inheritance ; namely, that if a due alliowance is net set down in the lewacy, and the legatees receive less than all the heirs, they should not be bound to discharge the sacred rites. In donations, however, they interpret the same thing in quite a different manner, and ratify whatever: the ancestor shall approve in the donation of a person: under Ga2 his superintendence ; and do not ratify whatever has been. done without his approbation and participation.

On such topics, a thousand little questions arise, which any one who does not at once understand them may solve by himself, by referring them to their proper maxim and principle. For instance,—if through fear of being charged with the sacred rites, a legatee took less than his legacy, and after-. wards one of the heirs of this legatee claimed on his own account that portion which the legatee had relinquished, and these two sums, joined together, equal that which was bequeathed to all the heirs; then he who claimed this relinquished portion would be bound to perform the sacred rites, | without encumbering his co-heirs. They determine, however, with regard to the legatee, that where the legacy is too great to be lawfully exempted from these rites, he may pay a part by weight and balance to the testamentary heir, so that in this case, the heir being charged, the money of the legatee is no further liable.

XXI. On this point, as on many others, I should be glad if you two Sczevolas, supreme pontiffs, and shrewd and able men, as I confess you to be, would inform me why you seek to perplex the pontifical law with the subtleties of the civil, law? For you, in fact, supersede the simple maxims of ecclesiastical jurisprudence, by the endless technicalities of the civil legislation. If the sacred rites are thus conjoined with pecuniary interests, they are so by your authority as pontiffs, rather than by any law of national obligation. So long, indeed, as you remain pontiffs, your pontifical jurisdiction will continue; but as you happen to be exceedingly knowing in the civil law, you may be able to elude the plainest maxims of the ecclesiastical. For instance, Publius Sceevola, Coruncanius, and other chief pontiffs, have determined that those legatees who take as much as all the heirs, should be bound to discharge the sacred rites.

Such is the pontifical law. Now what has been added to it by the civil law ?—a rule of distributions, composed with the utmost caution, in favour of the legatee; for by the. deduction of a hundred sesterces, they have discovered a method of delivering the legatee from this troublesome duty. If, however, the testator omitted to make this proviso for the. legatee, then this very Mucius the pontiff, who is also a,

ON. THE LAWS. 453 lawyer, has contrived a new expedient in his favour: he has but to take less than all the heirs, and she gets a release, Our forefathers had stated, with admirable good sense, that those to whom the property came should discharge the sacred rites; but these pontifis have rid them of all such obligations.

As to the other quibble, it had no place in the pontifical law, and existed only in the civil code. J mean the sale by weight and balance, in order to discharge the testamentary heirs, and place the business in the same condition as if the legacy had not been granted, the legatee stipulating with respect to his legacy, that he shoutd pay over a cortain sum by stipulation, and so * * *

[I now come to the rights of ‘ds Manes, or ae of the dead—which our ancestors most wisely instituted, and most religiously observed. They therefore ordained that the people should sacrifice for the ghosts of the dead, in the month of February, then the last month in the year by the ecclesiastical calendar. Decius Brutus, however, according to the writings of Sisenna, usually discharged these ceremonials in December. When I consult my own knowledge for the reason of this proceeding, I think I discover the cause which induced Brutus to depart from the ancestorial custom. The cause that Sisenna assigns for Brutus’s non-observance of this ancient institution, was his ignorance of its obligation ; but it does not seem to me likely that Brutus would have so rashly neglected an institution of our ancestors, for he was] a learned man, and a great friend of Accius. I therefore conclude that Brutus considered December to be the last month in the year, as the ancients did February, which was so called when the institution was originated. He likewise conceived that it was a part of piety to offer the most important victims.

XXII. With regard to the rite of sopultute: it is so sacred a thing that all confess it should be discharged in consecrated ground, and if possible in the land belonging to the family. Thus, in the times of our ancestors, Torquatus decided respecting the Popilian family. And certainly the Denicale feasts, so called from the Latin words de nece, (implying

1 There is a hiatus here: the translation in the text is that of the conjectural restoration of Lambinus.

deliverance from death,) would not have been appointed as holidays in honour of the dead, as well as other celestials, unless our ancestors who have departed this life, were believed to have passed into the number of deified beings. The privilege of fixing these among those when there are no peculiar festivals or public holidays, and the whole composition of the pontifical law on this subject, proves the great sanctity and importance of this religious custom and of these ceremonials.

it is unnecessary for us at present. to explain the pro-+ ceedings of families in funeral ceremonies, what kind of sacrifice should be offered to the lares, from the rams of the flock—how the bone which remains idemeeireiail must. be covered with earth—how in some cases it is necessary to sacrifice a sow, when the sepulchre is to be considered as consecrated, and such minute details,

It appears to me, however, that the kind of sepulture which Cyrus, according to Xenophon, solicited for himself, is the most ancient of all, for it is a kind of restitution which we make to the earth of a body, which, as a mother, she produced, and as a mother takes back to her protecting bosom, In the same manner we are told that our ancient king Numa was interred in that. sepulchre which is near the altar of the fountain. And we know that the Cornelian family has likewise used this form of burial, till a period within our own recollection. The conqueror Sylla, however, ordered the corpse of Marius to be disinterred from his grave on the banks of the Anio, impelled to this barbarous brutality by an implacable resentment, which he would not have indulged if he had been as wise.as‘he was vehement. Perhaps it was through fear that the same accident might happen to himself, that he ordered that his body should. be burned after his death,—a custom he was the first to introduce in the patrician family of the Cornelii, For in the epitaph of Scipio Africanus, Ennius says; ~ i hy atin seth of co bse Here lies the body, &ec.

And the word Jes is only applied in this way to them who are buried in sepulchres; though perhaps tombs should not be entitled sepulchres. till the last rites have been consummated, and the corpse consumed by fire.

‘The verb to inhume, which is now commonly ‘applied to the burial of the deceased, is most appropriate to those corpses that are interred after being burned. ‘The pontifical law proves this usage, for before the ground is thrown over them, the spot where the body is burned has no religious reverence attached to it. When the earth is thrown over the corpse, then it is inhumed, and. the tomb is called a sepulchre, and many religious rites are performed in order to consecrate it. So Publius Mucius determined with regard to a person who had been killed in a ship, and then cast into the sea, that his family was pure from any charge of neglect to the deceased, inasmuch as no bone remained on the earth, in which case his heir must have sacrificed a sow to his manes. If, on the contrary, a bone had remained on the earth, he considered that fasts should have been appointed to last three days, and that a sow should likewise have been sacrificed, if the deceased had died in the sea. And all the same ceremonies should have been observed with the exception of the expiation and the holidays. . XXIIL Attzcus—I am well aware of these rules of the pontifical statutes; but what do our civil laws say ? 3 Mareus. —Little enough on this subject, my Atticus, and nothing which I do not suppose that you are acquainted with already. And what they say has less regard. to the religious ceremonials than to the rights of sepulchres. A law of the Twelve Tables orders that a dead person shall neither be buried nor burned within the city, 1 suppose on account of the danger of fire. But the addition of this expression, “nor burned,” indicates, that the corpse which is burned is not.so properly said to be buried as one which is put under- - ground. . Atticus.—How is it, that, notwithstanding this law of the Twelve Tables, so many of our great men have been buried | in the city ? ' Mareus.—I believe, my Atticus, that those who have inet so buried, have been either those to whom this privilege was granted before the law was made, such as Publicola and Tubertus, on account of their virtue, amd. that their descendants have rightfully succeeded to it; or those who, like Caius Fabricius, have been discharged of their obligations to this law. because. of their virtue. But the civil law does forbid burials. in the city, and in the same spirit the pontifical college has decreed that it is unlawful to raise a sepulchre in the public places.

You know the Temple of Honour, outside the Collinian gate. We learn from tradition, that there was in ancient times an altar on the spot ; and it appears from a medal discovered there, on which was inscribed, “the Mistress of Honour ;” and this was the reason why that temple was so dedicated. But as there were many sepulchres in the neighbourhood, they were ploughed up when the city was enlarged. For the pontifical college ordained that public places could not be bound by private consecrations.

Another provision we find in the Twelve Tables intended to obviate the superfluous expenses and extravagant mournings at funerals, almost literally translated from the laws of Solon. “Never carve or polish a funeral pile.” You recollect what follows,. for we learned the Twelve Tables when schoolboys, as an-indispensable lesson, which, however, no one learns now. Let extravagance, therefore, be diminished to three suits. of mourning, with purple bands, and ten flute-players. Excessive lamentations are also to be prohibited by this rule— “Let not the women tear their cheeks or make the Jessus or funeral wailings.”

Those ancient interpreters of our laws, Sextus Ailius, and Lucius Acilius, have said they could not understand this regulation, but that they suspected it referred to some peculiar funeral ceremonials. Ailius defines the word “lessus” to be a kind of lugubrious ejaculation, or shriek, which I think likely enough, since Solon’s law likewise forbids such lamentations, These rules are very commendable, and equally practicable by the rich and poor; and they are eminently conformable to nature, who sweeps away by mortality all the distinctions of fortune.

XXIV. The Twelve Tables have likewise abridged those other funeral pomps which tend to augment sorrow. For they thus declare,—“ Do not collect the bones of the dead, when their funerals are over.” An exception is made with regard to those who die in battle, or in a foreign land.

Besides these laws, there are others with regard to unction, which forbid a servile embalmment of the corpse, and all kinds of funeral banquets, which are justly abrogated, but which would not have been so had they not been abuses.

“There shall likewise be no expensive respersions, no large crowns, or censers of perfume.”

It is certain, however, that the ornaments gained by merit do belong to the dead, because the law enjoins that such a crown should be placed on the deceased, who has deserved it by his virtue, and on his nearest relation, without any wrong being done thereby ; and because, I suppose, it had got to be a custom that many funeral ceremonies were celebrated for one man, or many funeral processions arranged for any one deceased ;—

And since in the law there was this clause, that gold should not be buried with the dead, how humane is the exception made by another law, that if the teeth of the deceased were fastened with gold, the corpse might be buried or burned without taking it away, and no wrong be done. From which expression we might deduce another argument, that burial and burning were considered different things.

Beside these, there are two laws respecting sepulchres, one of which relates to the houses of private persons, and the other to the family vaults themselves. For one prohibits the erection of a funeral pile or pyre nearer than sixty feet toa neighbour's house, without its proprietor’s consent, for fear of conflagration. The other ordained, that the«sepulchre and its vestibule should not be subject to usucaption, and thus defends the rights of sepulchres. |

These regulations we find in the Twelve Tables, and indeed they are very conformable to nature, which is the principle of law. The other portion relates to customs—how funerals should be announced ; whether any games should be allowed; whether the master of the ceremonies shall employ a herald and lictors ; it permits the praises of the honourable dead to be commemorated in a panegyric, and accompanied by songs to the music of flutes, of which dirges are called nenia, a name which the Greeks gave also to funeral lamentations.

XXV. Quintus.—I am delighted that our laws are conformable to nature, and I am above measure pleased with the wisdom of our ancestors.

Marcus.—Yet I believe, my Quintus, that as in the case of other expenses, so a moderation in those of funeral pomps and ceremonials is very properly required. For you may see in the funeral of Figulus to what an excess these extravagances.

458 ON. THE LAWS.)

were carried. But I think that there was formerly far less ambition for this kind of extravagance than at present prevails, otherwise there would be many examples of it in the records of our ancestors. And indeed the interpreters of our law understand that in the chapter of the law which forbids profuse and excessive mourning and expense in honour of the manes, the superfluous magnificence of sepulchres is also especially commanded to be curtailed.: Nor has this important subject escaped the attention of the wisest legislators. For they say that the custom of interring the dead im the Greek mode, has continued at Athens ever since the time of Cecrops: and that immediately after such interments, the next relatives, when they had cast the earth over the dead, scattered the seeds of vegetables over the spot, in order that the earth might, like a mother, take her lifeless son to her bosom, and then, by the expiation of seed, might again be restored to the living. Then followed a banquet which the relatives attended crowned with flowers; and at this banquet they pronounced eulegiums on the deceased, when anything could be truly said in his favour; for it was reckoned impious éo lie on such occasions ; and thus the ceremony terminated.

In process of time, as Demetrius Phalereus assures us, the funerals began to become sumptuous, and the mourning lamentations were extravagantly multiplied. These abuses were prohibited by Solon’s: law, which our Decemvirs have translated almost word for word in our Twelve Tables. For our, rule respecting the three suits of mourning, and other customs, were thus derived from Solon’s regulation ; and that edict respecting the mournmg is expressed in his precise words: “Let not the women tear their cnn, nor indulge their wailing at funerals.”

XXVI..In Solon’s law respecting funerals, ein are no further directions than that he. forbids any one injuring. sepulchres, and all introduction of any other body into them. He makes it penal for any one to violate, throw down, or break any tomb, for that is what I suppose he. means: by 7UpBoc, or Hecaneal monument or column. But after a short time, the extravagance of the mansoleums which we see built in the ceramicus. and cemetery, gave occasion to that law which prohibits private persons from erecting any sepulchre more elaborate than ten men can construct in three days:

and even those 1t was not permitted to adorn with sculpture, nor to place the statues they call Mercuries around them ; nor to pronounce any panegyric of the. dead excepting in the case of a public funeral, nor might such panegyric be delivered by any one else except the man who was publicly appointed to perform that duty. Kulogiums of men and women were likewise forbidden, that the lamentations might be diminished ; for such collections of people on melancholy occasions tend to augment unavailing sorrow. On which account Pittacus expressly forbade any one from attending the funeralsvof tihese that were strangers to him.

_ But the same Demetrius also informs us that the mani - cence of funeral processions and ceremonials grew to such a height as nearly to equal our fashions at present existing at Rome ; these, Demetrius restrained by a wholesome law; for he was not only, as you are aware, a very learned man, but a most. experienced citizen, devoted to the preservation of the state. He therefore diminished the expense of funerals, not only by penalties, but by a limitation of time; as he commanded that they should be performed before sunrise. He also established a rule of moderation for all new sepulchres— for he would not allow any erection om the mound. of earth, save a little column, three cubits high, or a tomb-stone, or tablet ; and he appointed a regular magistrate to superintend these observances.

XXVII. Such, my Atticus, were the laws enforced among your Athenians. But let us see what Plato says, who allots to the ministers of religion the charge of regulating funerals, a custom which we also observe. These are his words respect~ ing sepulchres :—

“ Do not use as a burial-place any portion of land which is either cultivated, or which may be so ; but such a soil as by nature is only suitable for receiving the bodies of the dead, without detriment to the interests of the living. As to a field which is capable of bearing fruit, and, as a mother, supplying us with food, let no one by any means injure it, whether he be living or dead. And let no sepulchre be built to a greater elevation than five men can raise in five days; nor let a tablet be made any larger than is required for the reception of an epitaph on the deceased, in four heroic verses ;” which Ennius calls long verses.

We have, therefore, the. authority of the illustrious Plato also in our favour on the subject of sepulchres. He likewise regulates the funeral expenses by the fortune of the family, from one mina to five. He then repeats what he had before said respecting the immortality of the soul, and the tranquillity of the good after death, and the punishment of the wicked.

I have now, I believe, sufficiently explained all the laws which relate to religious rites.

Quintus.—You have, my brother, and most copiously too ;

but now proceed to the other branch of our subject. . Marcus.—It is my intention to do so; and since you urge me to these discussions, I will endeavour to bring our argument to a conclusion, and if possible, in the course of the day. For I find that Plato did the same, and that the whole of his disquisition on the laws was completed in one summer day. I will, therefore, try to imitate him, and will next speak of magistrates ; for after religion is once established, that is the part of the next greatest. importance with reference to keeping together the republic.

Atticus.—Proceed, then, and preserve the same method in which you have begun.

BOOK III.

Introduction to the Third Book

In this Third’ Book Cicero treats of the civil laws, and the offices and duties of the civil magistrates by whom they are enforced. On these topics he lays down a series of legal maxims, and then proceeds to give an ample exposition of their several provisions.

I. Marcus.—I shall, therefore, imitate that divine man, who has inspired me with such admiration that I eulogise him perhaps oftener than is necessary.

Atticus. —You mean Plato.

Marcus.—The very man, my Atticus.

Atticus.—Indeed you do not exaggerate your compliments, nor bestow them too frequently, for even my Epicurean friends, who do not like any one to be praised but their own master, still allow me to love Plato as much as I (ike.

Marcus.—They do well to grant you this indulgence, for what can be so suitable to the elegance of your taste as the writings of Plato !—who in his life and manners appears to me to have succeeded in that most difficult combination of gravity and politeness.

Atticus—I am glad I interrupted you, since you have availed yourself of an opportunity of giving this splendid testimonial of your judgment respecting him; but pursue the subject-as you began.

Marcus.—Let us begin, then, with praising the law itself, with those commendations which are both deserved and appropriate to the subject.

Aiticus.—That is but fair, since you did the same in the case of our ecclesiastical jurisprudence.

Marcus.—You see, then, that this is the duty of magistrates, to superintend and prescribe all things which are just and useful, and in accordance with the law. For as the law is set over the magistrate, even so are the magistrates set;

over the people. And, therefore, it may be truly said, “that the magistrate is a speaRing law, and the law a silent magistrate.”

Moreover, nothing is so conformable to justice and to the condition of nature (and when I use that expression, I wish it to be understood that I mean the law, and nothing else,) as sovereign power; without which, neither house, nor commonwealth, nor nation, nor mankind itself, nor the entire nature of things, nor the universe itself, could exist. For this universe is obedient to God, and land and. sea are submissive to the universe ; and human life depends on the just administration of the laws of order.

II. But to come to considerations nearer home, and more familiar to us, all ancient nations have been at one time or other under the dominion of kings. Which kind of authority was at first conferred on the wisest and justest men. (And this rule mainly prevailed in our own commonwealth, as long as the regal power lasted.) Afterward, the authority of kings was handed down in succession to their descendants, and this practice remains to this day in those which are governed by kings. And even those to whom the regal domination was distasteful, did not desire to be obedient to no one, but only not to be always under the authority of the same person.

For ourselves, then, as we are proposing laws for a free people, and as we have already set forth in six books all our own, opinions about the best kind of commonwealth, we shall on the present occasion endeavour to accommodate our laws to that constitutional government of which we have expressed our approval.

It is clear, then, that magistrates are absolutely necessary ; since, without their prudence and diligence, a state cannot exist ; and since it is by their regulations that the whole commonwealth is kept within the bounds of moderation. But it is not enough to prescribe them a rule of domination, unless we likewise prescribe the citizens a rule of obedience. For he who commands well, must at some time or other have’ obeyed ; and he who obeys with modesty appears worthy of some day or other being allowed to command. It is desirable, therefore, that he who obeys should expect that some day he will come to command, and that he who commands should:

bear in mind that ere long he may be called to the duty of submission.

We would not, however, limit ourselves to requiring from the citizens submission and obedience towards their magistrates; we would also enjom them by all means to honour and love their rulers, as Charondas prescribes in his code. Our Plato likewise declares that they are of the race of the Titans, who, as they rebelled against the heavenly deities, do in like manner oppose their magistrates. These points being granted, we will, if you please, advance to the examination of the laws themselves.

Atticus.—I certainly do please, and the arrangement seems advisable.

III... Marcus —“ Let all authorities be just, and let them be honestly obeyed by the people with modesty and without opposition. Let the magistrate restrain the disobedient and mischievous citizen, by ” fine, imprisonment, and corporal chastisement ; unless some equal or greater power, or the people forbid it; for there should be an appeal thereto. If the magistrate shall have decided, and inflicted a penalty, let there be a public appeal to the people respecting the penalty and fine imposed.

“ With respect to the army, and the general that commands it by martial law, there should be no appeal from his authority. And whatever he who conducts the war commands, shall be absolute law, and ratified as such. 7

“As to the minor magistrates, let there be such a distribution of their legal duties, that each may more effectively superintend his own department of justice. In the army let those who are appointed command, and let them have tribunes. In the city, let men be appointed as superintendents of the public treasury. Let some devote their attention to the prison discipline, and capital punishments. Let others supervise the public coinage of gold, and silver, and copper. Let others judge of suits and arbitrations; and let others carry the orders of the senate into execution. a * Let there likewise be ediles, curators of the city, the provisions, and the public’ games, and let these offices be the first steps to higher promotions of honour.

“Let the censors take a census of the ‘people, according to: age, offspring, family, and property. Let them have the inspection of the temples, the streets, the aqueducts, the rates, and the customs. Let them distribute the citizens, according to their tribes: after that let them divide them with reference to their fortunes, ages, and ranks. Let them keep a register of the families of those of the equestrian and plebeian orders. Let them impose a tax on celibates. Let them guard the morals of the people. Let them permit no scandal in the senate. Let the number of such censor#be two. Let their magistracy continue five years. Let the other magistrates be annual, but their offices themselves should be perpetual.

“Let the judge of the law who shall decide private actions, or send them for decision to the preetor—let him be the proper guardian of civil jurisprudence. Let him have as many colleagues, of equal power, as the senate think necessary, and the people allows him. .

“ Let two magistrates be invested with sovereign authority ; from their presiding,’ judging, and counselling, let them be called preetors, judges, or consuls. Let them have supreme authority over the army, and let them be subject to none ; for the safety of the people is the supreme law; and no one should succeed to this magistracy till it has been held ten years—regulating the duration by an annual law.

“When a considerable war is undertaken, or discord is likely to ensue among the citizens, let a single supreme magistrate be appointed, who shall unite in his own person the authority of both consuls, if the senate so decrees, for six monthsonly. And when such a magistrate has been proclaimed under favourable auspices, let him be the master of the people. Let him have for a colleague, with equal powers with himself, a, knight whomsoever he may choose to appoint, as a judge of the law. And when such a dictator or master of the people is created the other magistracies shall be suppressed.

“ Let the auspices be observed by the senate, and let them authorize persons of their own body to elect the consuls in the comitia, according to the established ceremonials.

“Let the commanders, generals, and lieutenants, leave the city whenever the senate decrees or the people orders that they shall do so. Let them properly prosecute all just wars. Let them spare our allies, and restrain themselves and their -? Preetores, a preeeundo; judices, a judicando; consules, a consulendo.

subordinates. Let them increase the glory of our country. Let them return home with honour. Let no one be made an ambassador with a view to his own interest.

“Let the ten officers whom the people elect to protect them. against oppression be their tribunes; and let all their prohibitions and adjudications be established, and their persons considered inviolable, so that tribunes may never be wanting to the people.

« Let all magistrates possess their auspices and jurisdictions, -and let the senate be composed of these legitimate authorities. Let its ordinances be absolute, and let its enactments be written and ratified, unless an equal or greater authority disannul them. Let the order of the senators be free from reproach and scandal, and let them be an example of virtue to all,

“In the creation of magistrates, the judgment of the accused, and the reception or rejection of laws, when suffrages are employed, let the suffrages be at once notorious to the nobles, and free to the people. . JV. “If any question occur out of the established iuvisitigtion of the magistrates, let another magistrate be appointed ‘by the people, whose jurisdiction shall expressly extend thereto. Let the consul, the preetor, the censor, the master of the people and of the ‘knights, and he to whom the senate has -committed the election of consuls, have full liberty to treat both with the senate and the people, and endeavour to recon- ‘cile the interests of all parties. Let the tribunes of the ‘people likewise have free access to the senate, and advocate the interests of the people in all their deliberations. Let a just moderation predominate in the opinions and declarations of those who would thus act as mediators between the senate and the people. Let a senator who does not attend the senate, either show cause of his non-attendance, or submit to an appropriate fine. Let a senator speak in his turn, with all moderation, and let him be thoroughly acquainted with the interests of the people.

« By all means avoid violence among the people. Let the greatest authority have the greatest weight in decisions. If ‘any one shall disturb the public harmony, and foment party quarrels, let him be punished as a criminal. To act the in- ‘tercessor in cases of offence should be considered the part of a good citizen. Let those who act observe the auspices ;

DE NAT. ETC. H obey the public augur; and carry into effect all proclamations, taking care that they are exhibited in the treasury, and generally known. Let the public consultations be concentrated in one point at a time, let them instruct the people in the nature of the question, and let all the magistrates and the people be permitted to advise on the subject. _. “Let them permit no monopolies, or privileges. With respect to the capital punishment of any citizen, let it not take place, unless by the adjudication of the high courts of justice, and the ministry of those whom the censors have placed over the popular orders. Let no bribes be given or received, either in soliciting, discharging, or resigning an official situation. . “If any one shall infringe any of these laws, let him be liable to a penalty. Let these regulations be committed to the charge of the-censors. Let public officers, on their retiring from their posts, give these censors an account.of their conduct, but let them not by this means escape from legal prosecution if they have been guilty of corruption.” ‘I have here recited the whole law; now, consider the question, and give your votes. V. Quintus:—With what conciseness, my brother, have you brought before our eyes the duties and offices of all magistrates! But your system of laws is almost that of our own commonwealth, although a little that is new has also been added by you. . _. Marcus.—Your observation is very just, my Quintus, for this is the very system of a commonwealth which Scipio eulogises in my treatise, and which he mainly approves—and which cannot be kept in operation but by a successive order of magistrates, such as we have described. For you may take it for granted that it is the establishment of magistrates that gives its form to a commonwealth, and it is exactly by their distribution and subordination that we must determine the nature of the constitution. Which establishment being very wisely and discreetly settled by our ancestors, there is nothing, or at all events very little alteration that 1 think ‘necessary in the laws. , 7 _ Atticus.—Tell us, then, as you did at my request. respecting the ecclesiastical. laws, so also now in regard to these magisterial and civil laws, the reasons why you prefer the maxims you have stated. | Bsr 7 s

Marcus.—I will do as you desire, my Atticus, and I will explain how much of this topic has been, investigated and illustrated by the disputations of the most learned philosophers of Greece, and then, as I proposed at first, I will touch on your own laws.

Atticus.—I am impatient to hear this dissertation of yours,

Marcus.—And indeed, I have already stated a large part of the doctrines relating to this inquiry, in the books which 1 composed respecting the best sort of Commonwealth. On this topic, however, there have been some peculiar questions with respect to the duties and offices of magistrates, treated with considerable subtlety, first by Theophrastus, and next by Dion the Stoic.

VI. Atticus.—A Stoic, say you? were such questions ever discussed by the Stoics?

Marcus.—Certainly not, with the exception of the philosopher I have just cited; and, after him, of Paneetius, a great man and one of singular erudition. Indeed, the ancient Stoics were not so deficient in their speculative dissertations respecting politics and laws, as they were in the practical application of them to the service of the people. The greatest light was shed on this part of the subject by this School under the guidance of Plato. Afterwards, Aristotle illustrated all matters of civil jurisprudence in his elaborate essays, as did also Heraclides of Pontus, another of Plato’s disciples. And Theophrastus, who was instructed by; ‘Aristotle, was wholly devoted, as you are aware, to disquisitions of this kind; and Diczearchuus, a disciple of the same ‘master, was by no means deficient in the principles of this science. After these, Demetrius Phalereus, before mentioned, -drew legal learning by his admirable talents from the shade and inactivity of the Schools, into the open daylight of civil life, and gave it a practical point and efficacy, which are of the greatest service in all critical emergencies and confiicts, Hor we often find that men of the greatest weight in the republic are-deficient in philosophy, and that those who are very learned in philosophy are remarkably ignorant in legal affairs. And I hardly know where we could find any besides him, who has excelled both in the theory and practice of jurisprudence, so as to be at once a prince of learning and of political economy,

HH 2

VII. Atticus.—I think I could show you such a man, and one of us three too; but pray continue your discourse, as you have begun,

Marcus.—These Greek philosophers made it a grand point of inquiry whether one magistrate should be appointed in each commonwealth, to whom all the rest should be subordinate ; which system, as I understand, was what was decided on by our ancestors, after the expulsion of the kings. But since the monarchical constitution which was at first preferred was changed, not so much through any fault in the monarchy, as through the vices of a monarch, it should seem that the monarchy itself still subsists, and that nothing but the name of king has been repudiated, if one magistrate is still to have authority over all the rest.

It was not without reason, therefore, that Theopompus in

Lacedzemon qualified the power of the Spartan kings by the ephori, or that we Romans qualify the power of our consuls by tribunes. For our consuls are invested with such authority by law, that they command all the other magistrates, except the tribunes, who were created some time after, in order to hinder those events from recurring which had taken place before. For the first diminution of the power of the consuls was the creation of a magistrate who was not subject to it, The next was, when this new magistrate gave his aid not only to other magistrates, but even to private citizens, who refused obedience to the consuls. - Quintus,—You speak of a great evil; for since the office of the tribunes of the people was established, the authority of the nobles has declined, and the rule of the mob has gained strength,

Marcus.—The case is not quite so bad as you think, my Quintus; for that power of the consuls inevitably appeared to the people not only something too arrogant, but also too violent. But since wise and moderate limitation has been imposed upon it, it diffuses law and justice to alt the citizens’

VIII. [Let us now come tothe exposition of our legal maxims, before stated; and, to pass over that earlier portion whose propriety is almost self-evident, let us notice that maxim

™ There is a great hiatus here in the Latin text, I do not know whence Mr, Barham has derived the sentence within brackets.

which declares that soldiers should endeavour to return] home with unblemished honour. For to good and innocent men, no prize so valuable as honour can be derived either from our enemies or our friends. ,

That maxim is also plainly just, that nothing can be baser than for a man to sue for an appointment as a legate, for any other interest than that of his country. I say nothing of how those men conduct and have conducted themselves, who, in their office of legate, pursue inheritances for themselves, and bonds, and deeds. This is a fault which must, perhaps, exist in mankind; but I ask if anything can be more scandalous than to see senators without commissions, and legates without instructions, or any public business of a patriotic kind? This sort of legation I should have abolished when consul, with the approbation of a full senate, though apparently its continuance would have been for the interest of the senate, had not a certain capricious tribune of the people opposed me, I succeeded, however, in shortening the duration of such, and, what was of great importance, made such appointments merely annual; and thus, though the scandal still remains, it has lost its perpetuity. 7

But now, if you please, we will quit the provinces, and once more return to Rome.

Atticus.—It pleases me, certainly; but it would not at all please those who are in the provinces.

Marcus.—But if they, my Atticus, were content to obey the just laws of their country, they would like nothing better than Rome, and their Roman villas; and would hold nothing more laborious and troublesome than their provincial appointments.

A law follows, which confirms to the tribunes of the people the power they possess in our commonwealth, on which I need not enlarge.

Quintus.—I beg your pardon, my brother, but I particularly wish to know your opinion of this power of the tribunes. To me it appears extremely mischievous, at once the child and parent of endless seditions. If we look back to the origin of the tribunate, we find that it originally sprang up at a time of civil disturbances, when all the chief places of. the city were either occupied or besieged. After this, being soon stifled, as one of those monstrous abortions which, by a.

law of the Twelve Tables, are not suffered to live, it again recovered its existence, only to become baser and viler than ever.

IX. For what kind of atrocity did it leave undone? Its first act was a piece of villany well worthy of its impious character, namely, the abrogation of the honours of the senate and patricians. It reduced the highest ranks to an equality with the meanest, agitating and confounding all things. When it had thus insulted and violated the gravity of our nobles, it was still as insane and insensate as before. Not to mention a Flaminius and others; which you may call antiquated instances, what laws or rights did the tribune Tiberius Gracchus leave to the best and worthiest citizens ? And, five years before, did not the tribune Caius Curiatius, the basest and foulest of mortals, cast into prison the consuls Decimus Brutus and Publius Scipio, men of the greatest eminence !—a thing which was wholly unprecedented. And did not C. Gracchus endeavour to overturn and revolutionize our whole commonwealth, by throwing darts and daggers into the forum, as he himself avowed, in order to excite the citizens ‘to mutual slaughter, as if they were so many gladiators ? Why need I speak of the crimes of Saturninus and others, whose violences the commonwealth could scarcely repel without civil war? But why should we mention these antique instances, belonging to other ages, when so many have occurred within our own memory? Who was ever so audacious and so inithical to us, as to nourish a thought of destroying our state, without he had first sharpened some sword of a tribune against us? And when infamous and profligate men could not find, not only in any house, but not even in any nation, any such instrument, they endeavoured to create disturbances among the people in the darkest places of the republic, |

And what does us infinite honour, and secures us immortal renown, is the fact, that no tribune could be engaged to appear against us by any bribe whatever, except that one who could not legally be a tribune at all, who used the tribunate as a cloak of villany. As for this monster, what crimes did he

- 1 He means Clodius, who as he was a patrician, could only appear to be eligible by procuring his adoption into a plebeian family ; all the circumstances of which adoption were such as to make if wholly illegal. :

not. perpetrate—crimes which, without reason or plausible’ hope, he committed with the fury of some savage beast, maddened with the violence of the brutal mob. JI therefore highly approve of the conduct of Sylla in this particular, inasmuch as by his law he rendered the tribunes of the people comparatively impotent for mischief, though he left them the’ power of giving assistance. As for our friend Pompey, in all other respects I extol him with the amplest and warmest praises,—I say nothing of his views relating to the power of the tribunes; for here I cannot. praise him, and yet 1 would not censure him. :

- X. Marcus.—You have very clearly unfolded, my Quintus, the defects and abuses of the tribunate; but it is unfair, with respect to any matter which one is impeaching, to state all its faults, dwell upon. all its: evils, and omit its merits. For in this way you might. make out the consulate itself to be a very culpable and: objectionable institution, if you were to reckon up all the sins of some consuls, whom I am willing to pass in silence. For even in this power, I confess there are some stains of evil; but we can never obtain the good which we aimed at in its establishment without those particles of evil. That the authority of the tribunes of the people is too great, none will deny; but the power of the people themselves: is much more cruel, and much more violent ; and by having a leader,. therefore, such asa tribune, they often behave: more temperately than if they had no one at all. For a leader remembers that he is advancing at his own risk, whereas the: violence of the people has no consideration for its own danger ; sometimes it is suddenly excited, and again it is often tranquillized. For what body of men can be so insane, that not one in ten of its members preserves his senses? And. ° as. to T. Gracchus himself, his power was. destroyed by preventing his colleague from acting, and then deposing him ; for what else was it that ruined him but the fact of his having deprived’ his colleague of the power of interposing his veto ? In this matter, however, observe the wisdom of our ancestors..- When this office of tribuneship was granted by the senate to. the people, wars ceased, seditions were extinguished, and that wholesome liberty was secured by which meritorious com-.

-} This was Marcus Octavius Coecina; who opposed the designs) of Gracchus, and on his motion was deposed by a vote of the tribes, moners think themselves placed on a level with the chief men of the state, which is one great principle of the welfare of the state. But there were two Gracchi. Yes; and, besides them, ' whatever number you may choose to enumerate. You will find it to be the case, as ten are created, that at all times some have been mischievous, and still more capricious, and: far from virtuous. The highest order of the state is, indeed, far above envy, and the people never enter into perilous con-: tentions concerning their rights. |

Therefore we must acknowledge, either that the expulsion of our kings was unnecessary, or that liberty of the people: must be guaranteed in fact as well as in profession. And as it is, their liberty is such that they have been obliged to sue for the protection of many most illustrious men, and com-: pelled to yield to the authority of the senate.

XI. In regard to our private cause, my best and dearest brother, though it fell under the tribunitial power, we had no» contention with the tribuneship. For it was not the people who had been stirred up to wish to injure us, but a pack of | miscreants, whom they let out of prison on purpose to attack : us, and reprobate slaves; and the terror of the soldiery, too, : was added. And, to confess the truth, we had less to struggle’ against in our private enemies than in the grievous disorders of the state; and if I had not yielded in some measure to the tempest, my country would not now enjoy the continued benefit of my services. And this the event testified,—for what freeman is there, or what slave worthy of emancipation, to whom our escape was not a subject of congratulation 4

But if all the labours which I underwent on behalf of the: safety of the commonwealth had been so unfortunate as not: to give universal satisfaction—if the rage of an infuriated mob had driven me away by the hurricane of their evil passions— ° if some tribune had stirred up the populace against me, as Gracchus did against Leenas,’ and Saturninus against Metellus, —I should still have borne it, my Quintus, with fortitude,. and have been comforted not less by the counsel of the philosophers of Athens, who ought to have this power, than by the

1 Publius Popilius Lenas, who was consul the year after the death of Tiberius Gracchus, in which capacity he was charged with the prosecution of Gracchus’ partisans, for which Caius Gracchus persecuted him afterwards, th, example of the illustrious men who, having been expelled from their country, have preferred losing an ungrateful city than remaining in a wicked one,

But when you say that in this one point you do not greatly approve of the conduct of Pompey, you scarcely seem to me. sufficiently to recollect that he had to consider, not only what was best, but also what was necessary. For he knew that a certain share of civic authority must needs be granted to the. citizens, which, as the people so ardently desired before they attained it, they would be especially loth to relinquish when once acquired. It was, therefore, the part of a wise statesman not to refuse a privilege to the people, which was not essentially mischievous, and which also was so highly popular that. it could not be denied. You know, my brother, that in discourses of this kind, it is customary to express your assent, in order that the speaker may pass on to another branch of the, subject.

XII. Atticus.—Exactly so.

Quintus—1 do not entirely agree with you respecting. Pompey; but still I should like you to go on to the re-. mainder of the subject.

Marcus.—Do you then still persist in and abide by your, former opinion ?

Quintus.—I do at present.

Atticus—I however disagree with my friend Quintus. But let us by all means hear what remains more to be said.

Marcus.—The following maxim allots to all magistrates their auspices and jurisdictions. Their jurisdictions, in such a manner that there should still be a supreme court of justice, to which appeals may be made by the people. And the aus-. pices, in order that there may be furnished a plausible method of adjourning useless or mischievous assemblies. For in this way it has often happened that the Gods have suppressed by means of auspices the unjust impetuosity of the mob.

Again, the law that the senate shall be composed of those who have exercised magistracies, is undoubtedly one for the interest of the people, since it permits none to arrive at high, authority without the approbation of the people, taking away the power of appointment from the censors, But by way. of moderating this effect, which might be a pernicious one, another provision immediately follows, by which the authority of the senate is confirmed.

For the words are these,—Let the decrees of the senate be ratified as laws. For the while result is, that if it so happen that the senate becomes the master of public politics, and. if zl men defend whatever it decrees ; and if all the other orders agree that the commonwealth: shall be governed by this superior order ; there will arise from this amalgamation of rights, when the power is in the people, and the authority in the senate, that modified and harmonious kind of constitution which I have so highly extolled.

Especially, if the following law be also observed. For the next law is,—“ Let the senatorial order be free from corruption, and let it be a pattern to others.”

~ Quintus.—An admirable law that is, my brother, and one of extensive application, to the end that this order be free from corruption, and have a censor for its interpreter.

Atticus.—But although the senatorial order is wholly devoted to your interests, my Marcus, and retains a most grateful recollection of your consulship, I would say, if you will give me leave, that it would be enongh to weary not only the censors, but all the judges also.

XIII. Marcus.—But let us leave this question for the present, my Atticus; for our present business is not so much with the senate of to-day, nor with the statesmen who exist at this moment, as with future generations, if any of them are willing to obey these laws. For as the law enjoins that the senatorial order shall be exempt from all corruption, no one who is tainted with any vice will even seek to enter that order. And that is an event most difficult to be realized, except by a certain education and discipline, on which we may perhaps say something if there should arise a suitable place and opportunity.

Atticus.—A_ suitable place will certainly not be wanting, since you are now laying down a system of laws: And as to time, the length of the days at present will give you that. But even if you omit this topic now, I shall at a future time demand your views on education and discipline.

- Marcus.—You shall have them, my Atticus, on that topic, and on any other which I may have omitted. I will therefore enlarge a little on this legal maxim before cited, “ Let the ae

Pee ee ton senator be a pattern to others.” If this is observed, all will go well. For as a whole city is infected by the licentious passions and vices of great men, so it is often reformed by their virtue and moderation. L. Lucullus, a great man, and a great friend of all of us, being rallied: for the magnificence of his seat at Tusculum, is said to have made the following extremely suit- ~ able answer—that he had two neighbours, the greater of whom was only a Roman knight, and the other a freedman ; and as) each of them had magnificent villas, that could not be thought extravagance in himself, a consul, which was lawful for those of inferior rank. But do not you see, Lucullus, that it was owing to you that they had these desires? Had it not been for your example, such an action in them would have been looked on as criminal. For who would have borne people of this: sort, when he saw their villas crowded with statues and pictures, relating either to public, or what is more, to sacred and religious subjects? Who would not have joined i in demolishing the monuments of their vanity and pride, if those who ought to exert themselves on such occasions were not guilty of the same extravagance 4

XIV. For it is not so great an evil that the chiefs of the city should do wrong, though that must be allowed to be very considerable of itself, as the fact that there are a great many imitators of those chiefs.

Would you but look into the history of former ages, you might plainly see that such as the chief men of the state have Been, such has also been the state in general; and that whatever change of manners took place in the former, the same always followed it in the latter. Now, this observation is much more certain than that of Plato, who pretends that a change in the songs of musicians is able to alter the manners of a nation; whereas my opinion is, that the manners of the people in general change with the manners and fashions of the nobles. On which account, great men of a vicious life are doubly pernicious to the state, as being not only guilty of immoral practices themselves, but likewise of spreading them» far and wide among their fellow-citizens. Nor are they mischievous to it inasmuch as they cherish vices themselves, but also because they corrupt others; and they do more harm by their example than by the crimes which they commit.

_ And this maxim, though we would wish to extend its influence to the whole body of senators, may also be contracted. For even a few, aye, even a very few men, illustrious in fame and fortune, may either corrupt or correct the manners of the state. But we have said enough on this topic, not only now, but also in those other books of ours. Let us therefore proceed to what follows.

The next law relates to suffrages and votes, which, as I have said, should be notorious to the nobles, and free to the people.

Atticus.—I have given much attention to this maxim, but I do not well understand its spirit or its exact meaning.

XV. Marcus.—I will tell you, my Atticus, and we shall have now to treat on a very difficult question, and one which has already been much and repeatedly discussed,—the question, namely, whether, in case of suffrages at the election of magistrates, or in the trial of criminals, or in the enacting of laws, it is better that the votes should be given openly by poll, or secretly by ballot?

Atticus.—Is it indeed a doubtful question ?

Quintus.—I fear we shall again differ in opinion. |

Marcus.—I do not think so, my Quintus; for here I hold that doctrine, which I know you always maintained, that in giving suffrages and votes, nothing can be better than an open vivd voce declaration. But whether that can be obtained is a question to be examined.

Quintus.—If you will excuse me, my brother, I should say that that opinion which you here imply is one which greatly misleads the inexperienced, and which is also often hurtful to the state. I mean that which pronounces a regulation true and proper in itself, but at the same time asserts that it cannot be obtained, because it cannot be carried without opposing the people. For I say, in the first place, that the people ought to be opposed whenever strict propriety requires it; and, secondly, that it is better to be oppressed by violence in a good cause, than to yield to a bad one. Now, who does not perceive that all authority has been taken away from the nobility by the present law of balloting!—a law which the people, when free, never desired, but which they claimed when oppressed by the domination and power of the chief men of the state; therefore, those judgments which are passed upon the most powerful men of the state by viva voce votes, are more frequent than those which are given by ballot. Therefore, it had been far better to have restrained the excessive influence of the great for unjustifiable objects in elective suffrages, than to have given the people a mask and veil by which, while the more honourable citizens were kept in ignorance of their individual sentiments, they might thus make the ballot a mere cover for corrupt and hypocritical votes.

XVI. For this reason it is that no good man was ever a proposer or supporter of the system of balloting.

For there are four laws of ballots; the first of which, concerning the election of magistrates, was proposed by a certain Gabinius, an unknown and sordid agitator. The second, respecting the adjudications of the people, was proposed two years afterwards by Cassius, who wasa nobleman; but without meaning any offence to his family, 1 venture to say, a nobleman at variance with all good men, and one who was driven to and fro by the idlest rumours of the populace. The third, regarding the ratification and nullification of laws, was carried by Carbo, a seditious and profligate citizen, whose return to the better classes of society never secured him the approbation of those better classes.

There remained only the crime of treason, which Cassius himself excepted, in the judgment of which, open vivd voce votes were permitted. But Ccelius soon after thought proper to give traitors also the chance of the ballot; but as long as he lived he repented of having injured the republic, for the purpose of oppressing Caius Popilius,

Our grandfather, a man of singular virtue in this town of Arpinum, as long as he lived opposed Gratidius, whose sister, our grandmother, he had married, when he wanted to introduce the law of ballot. For Gratidius was raising a storm in a ladle, as the proverb is, as his son Marius afterwards did in the Aigean sea. To such a length did the quarrel proceed, that the consul Scaurus, when he was informed of what had happened, made this remark to our grandfather: “ Would to heaven, Cicero, that a man of your courage and honour had better loved to live in the capital of our commonwealth, than to bury yourself in a municipal town!”

Therefore, since our design is not so much to give a regular list of the Roman laws, but rather to revive those good laws that have become obsolete, and to propose new regulations, I do not think that we ought here to discuss what can be obtained by our people, but what is the best; for your friend Scipio ‘bears all the responsibility of the Cassian Jaw ; and, indeed, he is said to have been its original promoter, And if you pass a law of ballot, you will incur a similar responsibility. For am truth I do not like it at all, nor does our friend Atticus either, if I may judge by his countenance.

. XVIL. Atticus——For me, I never admired anything that pleased the mob, and I regard that as the best state of the commonwealth which our friend here, when consul, promoted, when the chief power in the hands of the aristocracy prevailed over that of the populace. :

Marcus.—I see that you would repeal my law respecting suffrages, without any ballot whatsoever. But for myself, though in those books of mine Scipio has said quite enough in his own behalf,.am nevertheless willing to grant so much liberty to the people as will leave virtuous citizens in possession of, and at liberty to exert, their due influence. For these are the very words of my law respecting elections: “‘ Let the votes be notorious to the nobles, and free to the people.” Which law was meant to have the effect of abrogating all those laws which were passed subsequently, and which in any way mask or conceal the vote; such as those which hinder full imspection of any ballot, or examination and appeal thereupon, and that law of Marius, which makes the passages to the hustings narrow. |

If these rules are opposed, as they generally are, to the ‘ambitious, I do not find fault with them. And indeed, if they could but hinder canvassing and imtrigue, then the people might be‘allowed the ballot as a vindicator of liberty, provided it were so laid open and freely exposed to all honourable and worthy citizens, that their authority might be blended’ with this popular privilege, thus leaving the people the power of expressing their deference for the aristocracy. |

_ But why is it, Quintus, as you just now observed, that ‘there were more condemnations passed by the open suffrages of the poll, than by the silent, secret votes of the ballot? It is because the people are contented with having the ‘power; and if ‘this be preserved to them, then they give up everything else to influence or popularity. And, therefore, ‘to pass over those votes which are corruptly given for bribes, o z eS ea tiokiwtiticas ih G28 xa, A>: » do you not see if we could but get rid of canvassing, the question in giving votes would be, what are the wishes i opinions of the best men? By our law, therefore, the appearance of liberty is conceded, the influence of the aristocracy is retained, and the cause of contention banished.

XVIII. The next law is one which relates to those magistrates, whose right it is to treat with the senate and the people. It is an important, and, as I think, an admirable regulation, that in every transaction with the people or with the senate, the utmost moderation should be observed. For the advocate of any measure regulates and moulds to his will, not merely the opinions ‘and inclination, but I may almost say the very features, of his audience. And this is not difficult in the senate, however; for the senator is not a man. whose attention is wholly fixed upon his hearers, but me rather desires to be considered on his own account.

We therefore require three duties from the senator. First, that his attendance in the senate be regular; for the multitude of senators lends weight to the arguments of policy.

Secondly, that he should speak in his turn, that is, when his counsel is demanded.

Thirdly, that he should speak concisely, lest he should become infinitely wearisome; for brevity is the best recommendation of a speech, not only i in the case of @ senator, boul in that too of an orator.

Lengthy speeches, therefore, are never to be sill except when the senate is precipitating some rash -measure, as it does far too often through ambition. It may be desirable for a speaker, if there is no aid to be obtained from any magistrate, to occupy a whole day, or when the subject of debate is so important as to demand all the copiousness of" the orator, both in exhortation and explanation, in both which kinds of oratory our friend Cato is remarkably distinguished. _ And. as to the addition, that he should uphold the interests of the people, it is clearly necessary for a senator ‘to be acquainted with the general state of the republic. And this is a subject of very extensive application ; since it comprehends a knowledge of the military affairs, the state of the treasury, the foreign alliances, the friends and stipendiaries of the republic ; an acquaintance with the regulations, the resources and the engagements of each people ; a sufficient knowledge of the practices of deliberations to. maintain them; and a familiarity with the precedents of our ancestors. You therefore see that the science of politics taxes every power of intellect, diligence, and memory, in order to acquire and maintain that elaborate information, without which no one can be called an accomplished senator.

The next law relates to the public deliberations of the people, in which it is especially enjoined that all violence be avoided. For nothing is more destructive in states, nothing so contrary to law and right, nothing less civil and humane, than to carry anything by violence and agitation in a sound and constitutional government. It commands that respect be paid to any magistrate who interposes his veto; than which injunction nothing can be more admirable, since it is better that a good measure be sometimes impeded, than that a bad one should be carried.

XIX. When I say that in all cases of fraud it is necessary to go before a pleader, I follow the opinion of Crassus, one of our wisest men, whose counsel was adopted by the senate, which decreed when the consul Claudius made a motion respecting Carbo’s sedition, that they could not take cognisance of sedition, except through the medium of an official pleader, who should lay the case before the people ; since it was allowable for him who made a proposition to abandon it as soon as it began to occasion disturbance; while a man who persists when he can do no good, is seeking for violence, which is by this law deprived of all impunity.

Then follows the law, which states that he who acts as a preventer of evil measures by the interposition of his veto, is a good citizen, And who would not zealously come to the assistance of the commonwealth, when stimulated by the hope of acquiring a character so glorious ?

Next succeed certain regulations, which we likewise find in the public institutions and laws—that the auspices be observed, and the augurs obeyed. It is the duty of a good augur to remember, that it is his duty to stand by the republic at the time of its greatest emergency; that he is appointed as the minister and prophet of the all-good and all-great Jupiter, just as those men are his to whom he has entrusted the auspices; and that definite portions of the heavens are committed to him, in order that by them he may often be able to succour the state in her hour of danger and necessity.

Then follow provisions respecting the promulgation of laws, respecting the proposing their successive counts and clauses separately, and the duty of listening to the remonstrances and objections, not of the magistrates only, but of private individuals.

After this, we find two excellent laws selected from the Twelve Tables. One of which forbids unfair privileges: the other will not permit sentence of death to be passed on any citizen, except in the supreme court of the comitia centuriata. It is a marvellous thing, that, before such magistrates as seditious tribunes of the people were known or ever thought of, our ancestors should. have provided so carefully for posterity. They forbade laws to be enacted against particular individuals, for that is what we call “ privilege,” than which nothing can be more inequitable; since it is the plain meaning of the word law, that what has been decreed should be equally enjoined to all. And they refused to sanction any enactments respecting particular individuals which were not openly proposed in the centuriata comitia. For when the people are summoned by rank, order, and age, they use much more consideration in giving their suffrages, than when they are promiscuously convoked by tribes.

_ It was therefore very truly observed in my own particular cause, by Lucius Cotta, a man of vast genius and consummate prudence, that no sentence whatever had been legally pronounced against us; for, besides the fact that that comitia was held under the fear of an armed mob of slaves, and comitia tributa could neither pass capital sentence nor any adjudications of privilege, there was, therefore, no need of a law for the recal of a person against whom no sentence whatever had been legally pronounced. But it appeared both to ourselves, and to other most illustrious men, to be more proper, seeing that slaves and vagabonds persisted in declaring that they had passed some sentence upon me, that all Italy should manifest as openly as possible what it thought on the subject. ;

XX. Next follow those laws which relate to pecuniary bribes and canvassing. And since these cannot be so well chastised by censures as by penalties, it is added, let all such

DE NAT. ETC. II abuses be visited with equivalent penalty and punishment, go that every one may be duly punished for his fault: violence

‘being corrected by death, avarice by fines, and ambition by:

ignominy.

The last laws which we have cited are not in use among - “us, though very necessary to the state. We have no proper registration of laws. Our laws, therefore, are such as the apparitors declare them to be, and we are forced to take the word of their copyists as our security. We have no public legal registry, in which our laws may lie open to the notice of the people. ‘The Greeks are more careful than ourselves in this matter, as they have instituted legal registrars, whom they call vowopiAaxes. Their office is not only to preserve the original copies of the laws, as was the custom among our ancestors, but also to take notice of the conduct of men, and to recall them to their obedience to the law.

This care may be entrusted to the censors, since we wish at all times to maintain their functions in the state. It is likewise to the censors, according to our legal maxim, that those who retire from magisterial offices should report and explain their proceedings when in office, in order to enable the censors to pronounce upon them fairly. ‘This is done in Greece by publicly constituted accusers, who, however, could never have much weight unless their functions were voluntary and honorary. It is therefore better, that the case should be stated to, and the accounts laid before, the censors, reserving intact all their rights to the accuser and the law.

But we have now sufficiently discussed the offices and duties of magistrates, unless you demand further information on any point,

_ Atticus.—Why, if we held our peace, the very subject itself would admonish you what you ought further to say.

_ Marcus.—Would it? I suppose you want me next to treat of judgments, as that is a kindred subject to that of magistrates.

Atticus.—What then! do you think nothing remains to be said on the rights of the Romans, which you proposed to investigate ?

Marcus.—What would you have me say on such a topic?

Atticus.—I would have you treat of those regulations, of which I think it most disgraceful to those who live in a a ees republic to be ignorant: for as you remarked just now, 1 can only read our laws by favour of the copyists; and so I observe that many of our magistrates are so ignorant of their own laws, that they know no more about them than their clerks choose to tell them. Since, therefore, when you had proposed to explain the laws of religion, you thought it became you to treat of the alienation of sacred things, in like manner, now that you have described the laws of our magistrates, you must discuss their power and their rights. _ Marcus.,—I will endeavour to do so briefly, if I can ; for your father’s friend, M. Junius, addressed to him a copious treatise on this subject, which, in my opinion, is extremely well and ingeniously written. But, on the subject of the law of nature, we ought to think to ourselves, and to speak from our own hearts; but when we are considering the rights of the Roman people, we must then repeat what has Peen bequeathed and handed down to us.

Atticus.—Such, indeed, appears to me the right method of proceeding, and T shall listen with pleasure to all you may choose to say on these topics.

[How many books of this treatise originally existed is not known. It is certain that there were five, and Davies thinks there were eight ; but we have nothing beyond the first three. |

FRAGMENTS.

As one and the same universal nature unites and corroborates all the parts of the world, so did she unite into one harmonious family all mankind. But men through their depravity disagreed and quarrelled, not recollecting that they are all consanguineous and akin, and equally subject to the same paternal providence. If this fact, indeed, were but kept in. mind, all men might live the amiable life of the gods.

It was a very bold and hazardous measure of the Greek government, to consecrate the images of Love and Cupid in the public theatres,