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Book II: Expediency

1 1 I believe, Marcus, my son, that I have fully¹ explained in the preceding book how duties are derived from moral rectitude, or rather from each of virtue's four divisions. My next step is to trace out those kinds of duty which have to do with the comforts of life, with the means of acquiring the things that people enjoy, with influence, and with wealth. [In this connection, the question is, as I said: (1) what is expedient, and what is inexpedient; and (2) of several expedients, which is of more and which of most importance.] These questions I shall proceed to discuss, after I have said a few words in vindication of my present purpose and my principles of philosophy.

2 Although my books have aroused in not a few men² the desire not only to read but to write, yet I sometimes fear that what we term philosophy is distasteful to certain worthy gentlemen, and that they wonder that I devote so much time and attention to it.

Now, as long as the state was administered by the men to whose care she had voluntarily entrusted herself, I devoted all my effort and thought to her. But when everything passed under the absolute control of a despot and there was no longer any room for statesmanship or authority of mine; and finally when I had lost the friends³ who had been associated with me in the task of serving the interests of the state, and who were men of the highest standing, I did not resign myself to grief, by which I should have been overwhelmed, had I not struggled against it; neither, on the other hand, did I surrender myself to a life of sensual pleasure unbecoming to a philosopher.

3 I would that the government had stood fast in the position it had begun to assume and had not fallen into the hands of men who desired not so much to reform as to abolish the constitution. For then, in the first place, I should now be devoting my energies more to public speaking than to writing, as I used to do when the republic stood; and in the second place, I should be committing to written form not these present essays but my public speeches, as I often formerly did. But when the republic, to which all my care and thought and effort used to be devoted, was no more, then, of course, my voice was silenced in the forum and in the senate. 4 And since my mind could not be wholly idle, I thought, as I had been well-read along these lines of thought from my early youth, that the most honourable way for me to forget my sorrows would be by turning to philosophy. As a young man, I had devoted a great deal of time to philosophy as a discipline; but after I began to fill the high offices of state and devoted myself heart and soul to the public service, there was only so much time for philosophical studies as was left over from the claims of my friends and of the state; all of this was spent in reading; I had no leisure for writing.

5 2 Therefore, amid all the present most awful⁴ calamities I yet flatter myself that I have won this good out of evil—that I may commit to written form matters not at all familiar to our countrymen but still very much worth their knowing. For what, in the name of heaven, is more to be desired than wisdom? What is more to be prized? What is better for a man, what more worthy of his nature? Those who seek after it are called philosophers; and philosophy is nothing else, if one will translate the word into our idiom, than

the love of wisdom.

Wisdom, moreover, as the word has been defined by the philosophers of old, is

the knowledge of things human and divine and of the causes by which those things are controlled.

And if the man lives who would belittle the study of philosophy, I quite fail to see what in the world he would see fit to praise. 6 For if we are looking for mental enjoyment and relaxation, what pleasure can be compared with the pursuits of those who are always studying out something that will tend toward and effectively promote a good and happy life? Or, if regard is had for strength of character and virtue, then this is the method by which we can attain to those qualities, or there is none at all. And to say that there is no

method

for securing the highest blessings, when none even of the least important concerns is without its method, is the language of people who talk without due reflection and who blunder in matters of the utmost importance. Furthermore, if there is really a way to learn virtue, where shall one look for it, when one has turned aside from this field of learning?

Now, when I am advocating the study of philosophy, I usually discuss this subject at greater length, as I have done in another of my books. For the present I meant only to explain why, deprived of the tasks of public service, I have devoted myself to this particular pursuit.

7 But people raise other objections against me— and that, too, philosophers and scholars—asking⁵ whether I think I am quite consistent in my conduct: for although our school maintains that nothing can be known for certain, yet, they urge, I make a habit of presenting my opinions on all sorts of subjects and at this very moment am trying to formulate rules of duty. But I wish that they had a proper understanding of our position. For we Academicians are not men whose minds wander in uncertainty and never know what principles to adopt. For what sort of mental habit, or rather what sort of life would that be which should dispense with all rules for reasoning or even for living? Not so with us; but, as other schools maintain that some things are certain, others uncertain, we, differing with them, say that some things are probable, others improbable.

8 What, then, is to hinder me from accepting what seems to me to be probable, while rejecting what seems to be improbable, and from shunning the presumption of dogmatism, while keeping clear of that recklessness of assertion which is as far as possible removed from true wisdom? And as to the fact that our school argues against everything, that is only because we could not get a clear view of what is

probable,

unless a comparative estimate were made of all the arguments on both sides.

But this subject has been, I think, quite fully set forth in my

Academics.

And although, my dear Cicero, you are a student of that most ancient and celebrated school of philosophy, with Cratippus as your master—and he deserves to be classed with the founders of that illustrious sect⁶—still I wish our school, which is closely related to yours, not to be unknown to you.

Let us now proceed to the task in hand.

9 3 Five principles, accordingly, have been laid⁷ down for the pursuance of duty: two of them have to do with propriety and moral rectitude; two, with the external conveniences of life—means, wealth, influence; the fifth, with the proper choice, if ever the four first mentioned seem to be in conflict. The division treating of moral rectitude, then, has been completed, and this is the part with which I desire you to be most familiar.

The principle with which we are now dealing is that one which is called Expediency. The usage of this word has been corrupted and perverted and has gradually come to the point where, separating moral rectitude from expediency, it is accepted that a thing may be morally right without being expedient, and expedient without being morally right. No more pernicious doctrine than this could be introduced into human life.

10 There are, to be sure, philosophers of the very highest reputation who distinguish theoretically between these three conceptions,⁸ although they are indissolubly blended together; and they do this, I assume, on moral, conscientious principles. [For whatever is just, they hold, is also expedient; and, in like manner, whatever is morally right is also just. It follows, then, that whatever is morally right is also expedient.] Those who fail to comprehend that theory do often, in their admiration for shrewd and clever men, take craftiness for wisdom. But they must be disabused of this error and their way of thinking must be wholly converted to the hope and conviction that it is only by moral character and righteousness, not by dishonesty and craftiness, that they may attain to the objects of their desires.

11 Of the things, then, that are essential to the sustenance ⁹ of human life, some are inanimate (gold and silver, for example, the fruits of the earth, and so forth), and some are animate and have their own peculiar instincts and appetites. Of these again some are rational, others irrational. Horses, oxen, and the other cattle, [bees,] whose labour contributes more or less to the service and subsistence of man, are not endowed with reason; of rational beings two divisions are made—gods and men. Worship and purity of character will win the favour of the gods; and next to the gods, and a close second to them, men can be most helpful to men.

12 The same classification may likewise be made of the things that are injurious and hurtful. But, as people think that the gods bring us no harm, they decide (leaving the gods out of the question) that men are most hurtful to men.

As for mutual helpfulness, those very things¹⁰ which we have called inanimate are for the most part themselves produced by man's labours; we should not have them without the application of manual labour and skill nor could we enjoy them without the intervention of man. And so with many other things: for without man's industry there could have been no provisions for health, no navigation, no agriculture, no ingathering or storing of the fruits of the field or other kinds of produce. 13 Then, too, there would surely be no exportation of our superfluous commodities or importation of those we lack, did not men perform these services. By the same process of reasoning, without the labour of man's hands, the stone needful for our use would not be quarried from the earth, nor would

iron, copper, gold, and silver, hidden far within,

be mined.

4 And how could houses ever have been provided ¹¹ in the first place for the human race, to keep out the rigours of the cold and alleviate the discomforts of the heat; or how could the ravages of furious tempest or of earthquake or of time upon them afterward have been repaired, had not the bonds of social life taught men in such events to look to their fellow-men for help? 14 Think of the aqueducts, canals, irrigation works, breakwaters, artificial harbours; how should we have these without the work of man? From these and many other illustrations it is obvious that we could not in any way, without the work of man's hands, have received the profits and the benefits accruing from inanimate things.

Finally, of what profit or service could animals be, without the co-operation of man? For it was men who were the foremost in discovering what use could be made of each beast; and to-day, if it were not for man's labour, we could neither feed them nor break them in nor take care of them nor yet secure the profits from them in due season. By man, too, noxious beasts are destroyed, and those that can be of use are captured.

15 Why should I recount the multitude of arts without which life would not be worth living at all? For how would the sick be healed? What pleasure would the hale enjoy? What comforts should we have, if there were not so many arts to minister to our wants? In all these respects the civilized life of man is far removed from the standard of the comforts and wants of the lower animals. And, without the association of men, cities could not have been built or peopled. In consequence of city life, laws and customs were established, and then came the equitable distribution of private rights and a definite social system. Upon these institutions followed a more humane spirit and consideration for others, with the result that life was better supplied with all it requires, and by giving and receiving, by mutual exchange of commodities and conveniences, we succeeded in meeting all our wants.

16 5 I have dwelt longer on this point than was necessary. For who is there to whom those facts which Panaetius narrates at great length are not self-evident—namely, that no one, either as a general in war or as a statesman at home, could have accomplished great things for the benefit of the state, without the hearty co-operation of other men? He cites the deeds of Themistocles, Pericles, Cyrus, Agesilaus, Alexander, who, he says, could not have achieved so great success without the support of other men. He calls in witnesses, whom he does not need, to prove a fact that no one questions.

And yet, as, on the one hand, we secure great¹² advantages through the sympathetic co-operation of our fellow-men; so, on the other, there is no curse so terrible but it is brought down by man upon man. There is a book by Dicaearchus on

The Destruction of Human Life.

He was a famous and eloquent Peripatetic, and he gathered together all the other causes of destruction—floods, epidemics, famines, and sudden incursions of wild animals in myriads, by whose assaults, he informs us, whole tribes of men have been wiped out. And then he proceeds to show by way of comparison how many more men have been destroyed by the assaults of men—that is, by wars or revolutions—than by any and all other sorts of calamity.

17 Since, therefore, there can be no doubt on this¹³ point, that man is the source of both the greatest help and the greatest harm to man, I set it down as the peculiar function of virtue to win the hearts of men and to attach them to one's own service. And so those benefits that human life derives from inanimate objects and from the employment and use of animals are ascribed to the industrial arts; the co-operation of men, on the other hand, prompt and ready for the advancement of our interests, is secured through wisdom and virtue [in men of superior ability]. 18 And, indeed, virtue in general may be said to consist almost wholly in three properties: the first is [Wisdom,] the ability to perceive what in any given instance is true and real, what its relations are, its consequences, and its causes; the second is [Temperance,] the ability to restrain the passions (which the Greeks call pa/qh) and make the impulses ( o(rmai/) obedient to reason; and the third is [Justice,] the skill to treat with consideration and wisdom those with whom we are associated, in order that we may through their co-operation have our natural wants supplied in full and overflowing measure, that we may ward off any impending trouble, avenge ourselves upon those who have attempted to injure us, and visit them with such retribution as justice and humanity will permit.

19 6 I shall presently discuss the means by which we can gain the ability to win and hold the affections of our fellow-men; but I must say a few words by way of preface.

Who fails to comprehend the enormous, two-fold¹⁴ power of Fortune for weal and for woe? When we enjoy her favouring breeze, we are wafted over to the wished-for haven; when she blows against us, we are dashed to destruction. Fortune herself, then, does send those other less usual calamities, arising, first, from inanimate Nature—hurricanes, storms, shipwrecks, catastrophes, conflagrations; second, from wild beasts—kicks, bites, and attacks. But these, as I have said, are comparatively rare. 20 But think, on the one side, of the destruction of armies (three lately, and many others at many different times), the loss of generals (of a very able and eminent commander recently), the hatred of the masses, too, and the banishment that as a consequence frequently comes to men of eminent services, their degradation and voluntary exile; think, on the other hand, of the successes, the civil and military honours, and the victories;—though all these contain an element of chance, still they cannot be brought about, whether for good or for ill, without the influence and the co-operation of our fellow-men.

With this understanding of the influence of Fortune, I may proceed to explain how we can win the affectionate co-operation of our fellows and enlist it in our service. And if the discussion of this point is unduly prolonged, let the length be compared with the importance of the object in view. It will then, perhaps, seem even too short.

21 Whenever, then, people bestow anything upon¹⁵ a fellow-man to raise his estate or his dignity, it may be from any one of several motives: (1) it may be out of good-will, when for some reason they are fond of him; (2) it may be from esteem, if they look up to his worth and think him deserving of the most splendid fortune a man can have; (3) they may have confidence in him and think that they are thus acting for their own interests; or (4) they may fear his power; (5) they may, on the contrary, hope for some favour—as, for example, when princes or demagogues bestow gifts of money; or, finally, (6) they may be moved by the promise of payment or reward. This last is, I admit, the meanest and most sordid motive of all, both for those who are swayed by it and for those who venture to resort to it. 22 For things are in a bad way, when that which should be obtained by merit is attempted by money. But since recourse to this kind of support is sometimes indispensable, I shall explain how it should be employed; but first I shall discuss those qualities which are more closely allied to merit.

Now, it is by various motives that people are led to submit to another's authority and power: they may be influenced (1) by good-will; (2) by gratitude for generous favours conferred upon them; (3) by the eminence of that other's social position or by the hope that their submission will turn to their own account; (4) by fear that they may be compelled perforce to submit; (5) they may be captivated by the hope of gifts of money and by liberal promises; or, finally, (6) they may be bribed with money, as we have frequently seen in our own country.

23 7 But, of all motives, none is better adapted to¹⁶ secure influence and hold it fast than love; nothing is more foreign to that end than fear. For Ennius says admirably:

Whom they fear they hate. And whom one hates, one hopes to see him dead.

And we recently discovered, if it was not known before, that no amount of power can withstand the hatred of the many. The death of this tyrant,¹⁷¹⁸ whose yoke the state endured under the constraint of armed force and whom it still obeys more humbly than ever, though he is dead, illustrates the deadly effects of popular hatred; and the same lesson is taught by the similar fate of all other despots, of whom practically no one has ever escaped such a death. For fear is but a poor safeguard of lasting power; while affection, on the other hand, may be trusted to keep it safe for ever.

24 But those who keep subjects in check by force would of course have to employ severity—masters, for example, toward their servants, when these cannot be held in control in any other way. But those who in a free state deliberately put themselves in a position to be feared are the maddest of the mad. For let the laws be never so much overborne by some one individual's power, let the spirit of freedom be never so intimidated, still sooner or later they assert themselves either through unvoiced public sentiment, or through secret ballots disposing of some high office of state. Freedom suppressed and again regained bites with keener fangs than freedom never endangered. Let us, then, embrace this policy, which appeals to every heart and is the strongest support not only of security but also of influence and power —namely, to banish fear and cleave to love. And thus we shall most easily secure success both in private and in public life.

Furthermore, those who wish to be feared must inevitably be afraid of those whom they intimidate. 25 What, for instance, shall we think of the elder Dionysius? ¹⁹ With what tormenting fears he used to be racked! For through fear of the barber's razor he used to have his hair singed off with a glowing coal. In what state of mind do we fancy Alexander of Pherae lived? We read in history that he dearly loved his wife Thebe; and yet, whenever he went from the banquet-hall to her in her chamber, he used to order a barbarian—one, too, tattooed like a Thracian, as the records state—to go before him with a drawn sword; and he used to send ahead some of his bodyguard to pry into the lady's caskets and to search and see whether some weapon were not concealed in her wardrobe. Unhappy man! To think a barbarian, a branded slave, more faithful than his own wife! Nor was he mistaken. For he was murdered by her own hand, because she suspected him of infidelity.

And indeed no power is strong enough to be lasting, if it labours under the weight of fear. 26 Witness Phalaris, whose cruelty is notorious beyond that of all others. He was slain, not treacherously (like that Alexander whom I named but now), not by a few conspirators (like that tyrant of ours), but the whole population of Agrigentum rose against him with one accord.

Again, did not the Macedonians abandon Demetrius and march over as one man to Pyrrhus? And again, when the Spartans exercised their supremacy tyrannically, did not practically all the allies desert them and view their disaster at Leuctra, as idle spectators?

8 I prefer in this connection to draw my²⁰ illustrations from foreign history rather than from our own. Let me add, however, that as long as the empire of the Roman People maintained itself by acts of service, not of oppression, wars were waged in the interest of our allies or to safeguard our supremacy; the end of our wars was marked by acts of clemency or by only a necessary degree of severity; the senate was a haven of refuge for kings, tribes, and nations; 27 and the highest ambition of our magistrates and generals was to defend our provinces and allies with justice and honour. 27 And so our government could be called more accurately a protectorate of the world than a dominion.

This policy and practice we had begun gradually to modify even before Sulla's time; but since his victory we have departed from it altogether. For the time had gone by when any oppression of the allies could appear wrong, seeing that atrocities so outrageous were committed against Roman citizens. In Sulla's case, therefore, an unrighteous victory disgraced a righteous cause. For when he had planted his spear²¹ and was selling under the hammer in the forum the property of men who were patriots and men of wealth and, at least, Roman citizens, he had the effrontery to announce that

he was selling his spoils.

After him came one who, in an unholy cause, made an even more shameful use of victory; for he did not stop at confiscating the property of individual citizens, but actually embraced whole provinces and countries in one common ban of ruin.

28 And so, when foreign nations had been oppressed and ruined, we have seen a model of Marseilles carried in a triumphal procession, to serve as proof to the world that the supremacy of the people had been forfeited; and that triumph we saw celebrated over a city without whose help our generals have never gained a triumph for their wars beyond the Alps. I might mention many other outrages against our allies, if the sun had ever beheld anything more infamous than this particular one. Justly, therefore, are²² we being punished. For if we had not allowed the crimes of many to go unpunished, so great licence would never have centred in one individual. His estate descended by inheritance to but a few individuals, his ambitions to many scoundrels. 29 And never will the seed and occasion of civil war be wanting, so long as villains remember that bloodstained spear and hope to see another. As Publius Sulla wielded that spear, when his kinsman was dictator, so again thirty-six years later he did not shrink from a still more criminal spear. And still another Sulla, who was a mere clerk under the former dictatorship, was under the later one a city quaestor. From this, one would realize that, if such rewards are offered, civil wars will never cease to be.

And so in Rome only the walls of her houses remain standing—and even they wait now in fear of the most unspeakable crimes—but our republic we have lost for ever. But to return to my subject: it is while we have preferred to be the object of fear rather than of love and affection, that all these misfortunes have fallen upon us. And if such retribution could overtake the Roman People for their injustice and tyranny, what ought private individuals to expect? And since it is manifest that the power of good-will is so great and that of fear is so weak, it remains for us to discuss by what means we can most readily win the affection, linked with honour and confidence, which we desire.

30 But we do not all feel this need to the same²³ extent; for it must be determined in conformity with each individual's vocation in life whether it is essential for him to have the affection of many or whether the love of a few will suffice. Let this then be settled as the first and absolute essential—that we have the devotion of friends, affectionate and loving, who value our worth. For in just this one point there is but little difference between the greatest and the ordinary man; and friendship is to be cultivated almost equally by both.

31 All men do not, perhaps, stand equally in need of political honour, fame, and the good-will of their fellow-citizens; nevertheless, if these honours come to a man, they help in many ways, and especially in the acquisition of friends.

9 But friendship has been discussed in another book of mine, entitled

Laelius.

Let us now take²⁴ up the discussion of Glory, although I have published two books²⁵ on that subject also. Still, let us touch briefly on it here, since it is of very great help in the conduct of more important business.

The highest, truest glory depends upon the following three things: the affection, the confidence, and the mingled admiration and esteem of the people. Such sentiments, if I may speak plainly and concisely, are awakened in the masses in the same way as in individuals. But there is also another²⁶ avenue of approach to the masses, by which we can, as it were, steal into the hearts of all at once.

32 But of the three above-named requisites, let us²⁷ look first at good-will and the rules for securing it. Good-will is won principally through kind services²⁸; next to that, it is elicited by the will to do a kind service, even though nothing happen to come of it. Then, too, the love of people generally is powerfully attracted by a man's mere name and reputation for generosity, kindness, justice, honour, and all those virtues that belong to gentleness of character and affability of manner. And because that very quality which we term moral goodness and propriety is pleasing to us by and of itself and touches all our hearts both by its inward essence and its outward aspect and shines forth with most lustre through those virtues named above, we are, therefore, compelled by Nature herself to love those in whom we believe those virtues to reside. Now these are only the most powerful motives to love—not all of them; there may be some minor ones besides.

33 Secondly, the command of confidence can be²⁹ secured on two conditions: (1) if people think us possessed of practical wisdom combined with a sense of justice. For we have confidence in those who we think have more understanding than ourselves, who, we believe, have better insight into the future, and who, when an emergency arises and a crisis comes, can clear away the difficulties and reach a safe decision according to the exigencies of the occasion; for that kind of wisdom the world accounts genuine and practical. But (2) confidence is reposed in men who are just and true—that is, good men—on the definite assumption that their characters admit of no suspicion of dishonesty or wrong-doing. And so we believe that it is perfectly safe to entrust our lives, our fortunes, and our children to their care.

34 Of these two qualities, then, justice has the greater³⁰ power to inspire confidence; for even without the aid of wisdom, it has considerable weight; but wisdom without justice is of no avail to inspire confidence; for take from a man his reputation for probity, and the more shrewd and clever he is, the more hated and mistrusted he becomes. Therefore, justice combined with practical wisdom will command all the confidence we can desire; justice without wisdom will be able to do much; wisdom without justice will be of no avail at all.

35 10 But I am afraid someone may wonder why I am now separating the virtues—as if it were possible for anyone to be just who is not at the same time wise; for it is agreed upon among all philosophers, and I myself have often argued, that he who has one virtue has them all. The explanation of my apparent inconsistency is that the precision of speech we employ, when abstract truth is critically investigated in philosophic discussion, is one thing; and that employed, when we are adapting our language entirely to popular thinking, is another. And therefore I am speaking here in the popular sense, when I call some men brave, others good, and still others wise; for in dealing with popular conceptions we must employ familiar words in their common acceptation; and this was the practice of Panaetius likewise. But let us return to the subject.

36 The third, then, of the three conditions I named³¹ as essential to glory is that we be accounted worthy of the esteem and admiration of our fellow-men. While people admire in general everything that is great or better than they expect, they admire in particular the good qualities that they find unexpectedly in individuals. And so they reverence and extol with the highest praises those men in whom they see certain pre-eminent and extraordinary talents; and they look down with contempt upon those who they think have no ability, no spirit, no energy. For they do not despise all those of whom they think ill. For some men they consider unscrupulous, slanderous, fraudulent, and dangerous; they do not despise them, it may be; but they do think ill of them. And therefore, as I said before, those are despised who are

of no use to themselves or their neighbours,

as the saying is, who are idle, lazy, and indifferent.

37 On the other hand, those are regarded with admiration who are thought to excel others in ability and to be free from all dishonour and also from those vices which others do not easily resist. For sensual pleasure, a most seductive mistress, turns the hearts of the greater part of humanity away from virtue; and when the fiery trial of affliction draws near, most people are terrified beyond measure. Life and death, wealth and want affect all men most powerfully. But when men, with a spirit great and exalted, can look down upon such outward circumstances, whether prosperous or adverse, and when some noble and virtuous purpose, presented to their minds, converts them wholly to itself and carries them away in its pursuit, who then could fail to admire in them the splendour and beauty of virtue?

38 11 As, then, this superiority of mind to such³² externals inspires great admiration, so justice, above all, on the basis of which alone men are called

good men,

seems to people generally a quite marvellous virtue—and not without good reason; for no one can be just who fears death or pain or exile or poverty, or who values their opposites above equity. And people admire especially the man who is uninfluenced by money; and if a man has proved himself in this direction, they think him tried as by fire.

Those three requisites, therefore, which were presupposed as the means of obtaining glory, are all secured by justice: (1) good-will, for it seeks to be of help to the greatest number; (2) confidence, for the same reason; and (3) admiration, because it scorns and cares nothing for those things, with a consuming passion for which most people are carried away.

39 Now, in my opinion at least, every walk and vocation in life calls for human co-operation—first and above all, in order that one may have friends with whom to enjoy social intercourse. And this is not easy, unless one is looked upon as a good man. So, even to a man who shuns society and to one who spends his life in the country a reputation for justice is essential—even more so than to others; for they who do not have it [but are considered unjust] will have no defence to protect them and so will be the victims of many kinds of wrong. 40 So also to buyers and sellers, to employers and employed, and to those who are engaged in commercial dealings generally, justice is indispensable for the conduct of business. Its importance is so great, that not even³³ those who live by wickedness and crime can get on without some small element of justice. For if a robber takes anything by force or by fraud from another member of the gang, he loses his standing even in a band of robbers; and if the one called the

Pirate Captain

should not divide the plunder impartially, he would be either deserted or murdered by his comrades. Why, they say that robbers even have a code of laws to observe and obey. And so, because of his impartial division of booty, Bardulis, the Illyrian bandit, of whom we read in Theopompus, acquired great power, Viriathus, of Lusitania, much greater. He actually defied even our armies and generals. But Gaius Laelius—the one surnamed

the Wise

—in his praetorship crushed his power, reduced him to terms, and so checked his intrepid daring, that he left to his successors an easy conquest.

Since, therefore, the efficacy of justice is so great that it strengthens and augments the power even of robbers, how great do we think its power will be in a constitutional government with its laws and courts?

41 12 Now it seems to me, at least, that not only³⁴ among the Medes, as Herodotus tells us, but also among our own ancestors, men of high moral character were made kings in order that the people might enjoy justice. For, as the masses in their helplessness were oppressed by the strong, they appealed for protection to some one man who was conspicuous for his virtue; and, as he shielded the weaker classes from wrong, he managed by establishing equitable conditions to hold the higher and the lower classes in an equality of right. The reason for making constitutional laws was the same as that for making kings. 42 For what people have always sought is equality of rights before the law. For rights that were not open to all alike would be no rights. If the people secured their end at the hands of one just and good man, they were satisfied with that; but when such was not their good fortune, laws were invented, to speak to all men at all times in one and the same voice.

This, then, is obvious: nations used to select for their rulers those men whose reputation for justice was high in the eyes of the people. If in addition they were also thought wise, there was nothing that men did not think they could secure under such leadership. Justice is, therefore, in every way to be cultivated and maintained, both for its own sake (for otherwise it would not be justice) and for the enhancement of personal honour and glory.

But as there is a method not only of acquiring money but also of investing it so as to yield an income to meet our continuously recurring expenses—both for the necessities and for the more refined comforts of life—so there must be a method of gaining glory and turning it to account. 43 And yet, as Socrates used to express it so admirably,

the nearest ³⁵ way to glory—a short cut, as it were—is to strive to be what you wish to be thought to be.

For if anyone thinks that he can win lasting glory by pretence, by empty show, by hypocritical talk and looks, he is very much mistaken. True glory strikes deep root and spreads its branches wide; but all pretences soon fall to the ground like fragile flowers, and nothing counterfeit can be lasting. There are very many witnesses to both facts; but, for brevity's sake, I shall confine myself to one family: Tiberius Gracchus, Publius's son, will be held in honour as long as the memory of Rome shall endure; but his sons were not approved by patriots while they lived, and since they are dead they are numbered among those whose murder was justifiable.

13 If, therefore, anyone wishes to win true³⁶ glory, let him discharge the duties required by justice. And what they are has been set forth in the course of the preceding book.

44 (XIII.) But, although the very essence of the problem is that we actually be what we wish to be thought to be, still some rules may be laid down to enable us most easily to secure the reputation of being what we are. For, if anyone in his early youth has the responsibility of living up to a distinguished name acquired either by inheritance from his father (as, I think, my dear Cicero, is your good fortune) or by some chance or happy combination of circumstances, the eyes of the world are turned upon him; his life and character are scrutinized; and, as if he moved in a blaze of light, not a word and not a deed of his can be kept a secret. 45 Those, on the other hand, whose humble and obscure origin has kept them unknown to the world in their early years ought, as soon as they approach young manhood, to set a high ideal before their eyes and to strive with unswerving zeal towards its realization. This they will do with the better heart, because that time of life is accustomed to find favour rather than to meet with opposition.

Well, then, the first thing to recommend to a young³⁷ man in his quest for glory is that he try to win it, if he can, in a military career. Among our forefathers many distinguished themselves as soldiers; for warfare was almost continuous then. The period of your own youth, however, has coincided with that war in which the one side was too prolific in crime, the other in failure. And yet, when Pompey placed you in command of a cavalry squadron in this war, you won the applause of that great man and of the army for your skill in riding and spear-throwing and for endurance of all the hardships of the soldier's life. But that credit accorded to you came to nothing along with the fall of the republic.

The subject of this discussion, however, is not your personal history, but the general theme. Let us, therefore, proceed to the sequel.

46 As, then, in everything else brain-work is far³⁸ more important than mere hand-work, so those objects which we strive to attain through intellect and reason gain for us a higher degree of gratitude than those which we strive to gain by physical strength. The best recommendation, then, that a young man can have to popular esteem proceeds from self-restraint, filial affection, and devotion to kinsfolk. Next to that, young men win recognition most easily³⁹ and most favourably, if they attach themselves to men who are at once wise and renowned as well as patriotic counsellors in public affairs. And if they associate constantly with such men, they inspire in the public the expectation that they will be like them, seeing that they have themselves selected them for imitation. 47 His frequent visits to the home of Publius Mucius assisted young Publius Rutilius to gain a reputation for integrity of character and for ability as a jurisconsult. Not so, however, Lucius Crassus; for, though he was a mere boy, he looked to no one else for assistance, but by his own unaided ability he won for himself in that brilliant and famous prosecution⁴⁰ a splendid reputation as an orator. And at an age when young men are accustomed with their school exercises to win applause as students of oratory, this Roman Demosthenes, Lucius Crassus, was already proving himself in the law-courts a master of the art which he might even then have been studying at home with credit to himself.

48 14 But as the classification of discourse is a twofold ⁴¹ one—conversation, on the one side; oratory, on the other—there can be no doubt that of the two this debating power (for that is what we mean by eloquence) counts for more toward the attainment of glory; and yet, it is not easy to say how far an affable and courteous manner in conversation may go toward winning the affections. We have, for instance, the letters of Philip to Alexander, of Antipater to Cassander, and of Antigonus to Philip the Younger. The authors of these letters were, as we are informed, three of the wisest men in history; and in them they instruct their sons to woo the hearts of the populace to affection by words of kindness and to keep their soldiers loyal by a winning address. But the speech that is delivered in a debate before an assembly often stirs the hearts of thousands at once; for the eloquent and judicious speaker is received with high admiration, and his hearers think him understanding and wise beyond all others. And, if his speech have also dignity combined with moderation, he will be admired beyond all measure, especially if these qualities are found in a young man.

49 But while there are occasions of many kinds that call for eloquence, and while many young men in our republic have obtained distinction by their speeches in the courts, in the popular assemblies, and in the senate, yet it is the speeches before our courts that excite the highest admiration.

The classification of forensic speeches also is a⁴² twofold one: they are divided into arguments for the prosecution and arguments for the defence. And while the side of the defence is more honourable, still that of the prosecution also has very often established a reputation. I spoke of Crassus a moment ago; Marcus Antonius, when a youth, had the same success. A prosecution brought the eloquence of Publius Sulpicius into favourable notice, when he brought an action against Gaius Norbanus, a seditious and dangerous citizen. 50 But this should not be done often—never, in fact, except in the interest of the state (as in the cases of those above mentioned) or to avenge wrongs (as the two Luculli, for example, did) or for the protection of our provincials (as I did in the defence of the Sicilians, or Julius in the prosecution of Albucius in behalf of the Sardinians). The activity of Lucius Fufius in the impeachment of Manius Aquilius is likewise famous. This sort of work, then, may be done once in a lifetime, or at all events not often. But if it shall be required of anyone to conduct more frequent prosecutions, let him do it as a service to his country; for it is no disgrace to be often employed in the prosecution of her enemies. And yet a limit should be set even to that. For it requires a heartless man, it seems, or rather one who is well-nigh inhuman, to be arraigning one person after another on capital charges.⁴³ It is not only fraught with danger to the prosecutor himself, but is damaging to his reputation, to allow himself to be called a prosecutor. Such was the effect of this epithet upon Marcus Brutus, the scion of a very noble family and the son of that Brutus who was an eminent authority in the civil law.

51 Again, the following rule of duty is to be carefully⁴⁴ observed: never prefer a capital charge against any person who may be innocent. For that cannot possibly be done without making oneself a criminal. For what is so unnatural as to turn to the ruin and destruction of good men the eloquence bestowed by Nature for the safety and protection of our fellowmen? And yet, while we should never prosecute the innocent, we need not have scruples against undertaking on occasion the defence of a guilty person, provided he be not infamously depraved and wicked. For people expect it; custom sanctions it; humanity also accepts it. It is always the business of the judge in a trial to find out the truth; it is sometimes the business of the advocate to maintain what is plausible, even if it be not strictly true, though I should not venture to say this, especially in an ethical treatise, if it were not also the position of Panaetius, that strictest of Stoics. Then, too, briefs for the defence are most likely to bring glory and popularity to the pleader, and all the more so, if ever it falls to him to lend his aid to one who seems to be oppressed and persecuted by the influence of someone in power. This I have done on many other occasions; and once in particular, in my younger days, I defended Sextus Roscius of Ameria against the power of Lucius Sulla when he was acting the tyrant. The speech is published, as you know.

52 15 Now that I have set forth the moral duties of⁴⁵ a young man, in so far as they may be exerted for the attainment of glory, I must next in order discuss kindness and generosity. The manner of showing it is twofold: kindness is shown to the needy either by personal service, or by gifts of money. The latter way is the easier, especially for a rich man; but the former is nobler and more dignified and more becoming to a strong and eminent man. For, although both ways alike betray a generous wish to oblige, still in the one case the favour makes a draft upon one's bank account, in the other upon one's personal energy; and the bounty which is drawn from one's material substance tends to exhaust the very fountain of liberality. Liberality is thus forestalled by liberality: for the more people one has helped with gifts of money, the fewer one can help. 53 But if people are generous and kind in the way of personal service—that is, with their ability and personal effort—various advantages arise: first, the more people they assist, the more helpers they will have in works of kindness; and second, by acquiring the habit of kindness they are better prepared and in better training, as it were, for bestowing favours upon many.

In one of his letters Philip takes his son Alexander sharply to task for trying by gifts of money to secure the good-will of the Macedonians:

What in the mischief induced you to entertain such a hope,

he says,

as that those men would be loyal subjects to you whom you had corrupted with money? Or are you trying to do what you can to lead the Macedonians to expect that you will be not their king but their steward and purveyor?

Steward and purveyor

was well said, because it was degrading for a prince; better still, when he called the gift of money

corruption.

For the recipient goes from bad to worse and is made all the more ready to be constantly looking for one bribe after another.

54 It was to his son that Philip gave this lesson; but let us all take it diligently to heart.

That liberality, therefore, which consists in personal service and effort is more honourable, has wider application, and can benefit more people. There can be no doubt about that. Nevertheless, we should⁴⁶ sometimes make gifts of money; and this kind of liberality is not to be discouraged altogether. We must often distribute from our purse to the worthy poor, but we must do so with discretion and moderation. For many⁴⁷ have squandered their patrimony by indiscriminate giving. But what is worse folly than to do the thing you like in such a way that you can no longer do it at all? Then, too, lavish giving leads to robbery;⁴⁸ for when through over-giving men begin to be impoverished, they are constrained to lay their hands on the property of others. And so, when men aim to be kind for the sake of winning good-will, the affection they gain from the objects of their gifts is not so great as the hatred they incur from those whom they despoil.

55 One's purse, then, should not be closed so tightly that a generous impulse cannot open it, nor yet so loosely held as to be open to everybody. A limit should be observed and that limit should be determined by our means. We ought, in a word, to remember the phrase, which, through being repeated so very often by our countrymen, has come to be a common proverb:

Bounty has no bottom.

For indeed what limit can there be, when those who have been accustomed to receive gifts claim what they have been in the habit of getting, and those who have not wish for the same bounty?

16 There are, in general, two classes of those⁴⁹ who give largely: the one class is the lavish, the other the generous. The lavish are those who squander their money on public banquets, doles of meat among the people, gladiatorial shows, magnificent games, and wild-beast fights—vanities of which but a brief recollection will remain, or none at all. 56 The generous, on the other hand, are those who employ their own means to ransom captives from brigands, or who assume their friends' debts or help in providing dowries for their daughters, or assist them in acquiring property or increasing what they have. 56 And so I wonder what Theophrastus could have been thinking about when he wrote his book on

Wealth.

It contains much that is fine; but his position is absurd, when he praises at great length the magnificent appointments of the popular games, and it is in the means for indulging in such expenditures that he finds the highest privilege of wealth. But to me the privilege it gives for the exercise of generosity, of which I have given a few illustrations, seems far higher and far more certain.

How much more true and pertinent are Aristotle's words, as he rebukes us for not being amazed at this extravagant waste of money, all to win the favour of the populace.

If people in time of siege,

he says,

are required to pay a mina for a pint of water, this seems to us at first beyond belief, and all are amazed; but, when they think about it, they make allowances for it on the plea of necessity. But in the matter of this enormous waste and unlimited expenditure we are not very greatly astonished, and that, too, though by it no extreme need is relieved, no dignity is enhanced, and the very gratification of the populace is but for a brief, passing moment; such pleasure as it is, too, is confined to the most frivolous, and even in these the very memory of their enjoyment dies as soon as the moment of gratification is past.

57 His conclusion, too, is excellent:

This sort of amusement pleases children, silly women, slaves, and the servile free; but a serious-minded man who weighs such matters with sound judgment cannot possibly approve of them.

And yet I realize that in our country, even in the⁵⁰ good old times, it had become a settled custom to expect magnificent entertainments from the very best men in their year of aedileship. So both Publius Crassus, who was not merely surnamed

The Rich

but was rich in fact, gave splendid games in his aedileship; and a little later Lucius Crassus (with Quintus Mucius, the most unpretentious man in the world, as his colleague) gave most magnificent entertainments in his aedileship. Then came Gaius Claudius, the son of Appius, and, after him, many others—the Luculli, Hortensius, and Silanus. Publius Lentulus, however, in the year of my consulship, eclipsed all that had gone before him, and Scaurus emulated him. And my friend Pompey's exhibitions in his second consulship were the most magnificent of all. And so you see what I think about all this sort of thing.

58 17 Still we should avoid any suspicion of penuriousness. Mamercus was a very wealthy man, and his refusal of the aedileship was the cause of his defeat for the consulship. If, therefore, such entertainment is demanded by the people, men of right⁵¹ judgment must at least consent to furnish it, even if they do not like the idea. But in so doing they should keep within their means, as I myself did. They should likewise afford such entertainment, if gifts of money to the people are to be the means of securing on some occasion some more important or more useful object. Thus Orestes recently won great honour by his public dinners given in the streets, on the pretext of their being a tithe-offering. Neither did anybody find fault with Marcus Seius for supplying grain to the people at an as⁵² the peck at a time when the market-price was prohibitive; for he thus succeeded in disarming the bitter and deep-seated prejudice of the people against him at an outlay neither very great nor discreditable to him in view of the fact that he was aedile at the time. But the highest honour recently fell to my friend Milo, who bought a band of gladiators for the sake of the country, whose preservation then depended upon my recall from exile, and with them put down the desperate schemes, the reign of terror, of Publius Clodius.

The justification for gifts of money, therefore, is either necessity or expediency. 59 And, in making them even in such cases, the rule of the golden mean is best. ⁵³ To be sure, Lucius Philippus, the son of Quintus, a man of great ability and unusual renown, used to make it his boast that without giving any entertainments he had risen to all the positions looked upon as the highest within the gift of the state. Cotta could say the same, and Curio. I, too, may make this boast my own—to a certain extent;⁵⁴ for in comparison with the eminence of the offices to which I was unanimously elected at the earliest legal age— and this was not the good fortune of any one of those just mentioned—the outlay in my aedileship was very inconsiderable.

60 Again, the expenditure of money is better justified⁵⁵ when it is made for walls, docks, harbours, aqueducts, and all those works which are of service to the community. There is, to be sure, more of present satisfaction in what is handed out, like cash down; nevertheless public improvements win us greater gratitude with posterity. Out of respect for Pompey's memory I am rather diffident about expressing any criticism of theatres, colonnades, and new temples; and yet the greatest philosophers do not approve of them—our Panaetius himself, for example, whom I am following, not slavishly translating, in these books; so, too, Demetrius of Phalerum, who denounces Pericles, the foremost man of Greece, for throwing away so much money on the magnificent, far-famed Propylaea. But this whole theme is discussed at length in my books on

The Republic.

To conclude, the whole system of public bounties in such extravagant amount is intrinsically wrong; but it may under certain circumstances be necessary to make them; even then they must be proportioned to our ability and regulated by the golden mean.

61 18 Now, as touching that second division of⁵⁶ gifts of money, those which are prompted by a spirit of generosity, we ought to look at different cases differently. The case of the man who is overwhelmed by misfortune is different from that of the one who is seeking to better his condition, though he suffers from no actual distress. 62 It will be the duty of charity to incline more to the unfortunate, unless, perchance, they deserve their misfortune. But of course we ought by no means to withhold our assistance altogether from those who wish for aid, not to save them from utter ruin but to enable them to reach a higher degree of fortune. But, in selecting worthy cases, we ought to use judgment and discretion. For, as Ennius says so admirably,

Good deeds misplaced, methinks, are evil deeds.

63 Furthermore, the favour conferred upon a man who is good and grateful finds its reward, in such a case, not only in his own good-will but in that of others. For, when generosity is not indiscriminate giving, it wins most gratitude and people praise it with more enthusiasm, because goodness of heart in a man of high station becomes the common refuge of everybody. Pains must, therefore, be taken to benefit as many as possible with such kindnesses that the memory of them shall be handed down to children and to children's children, so that they too may not be ungrateful. For all men detest ingratitude and look upon the sin of it as a wrong committed against themselves also, because it discourages generosity; and they regard the ingrate as the common foe of all the poor.

Ransoming prisoners from servitude and relieving the poor is a form of charity that is a service to the state as well as to the individual. And we find in one of Crassus's orations the full proof given that such beneficence used to be the common practice of our order. This form of charity, then, I much prefer to the lavish expenditure of money for public exhibitions. The former is suited to men of worth and dignity, the latter to those shallow flatterers, if I may call them so, who tickle with idle pleasure, so to speak, the fickle fancy of the rabble.

64 It will, moreover, befit a gentleman to be at the same time liberal in giving and not inconsiderate in exacting his dues, but in every business relation—in buying or selling, in hiring or letting, in relations arising out of adjoining houses and lands—to be fair, reasonable, often freely yielding much of his own right, and keeping out of litigation as far as his interests will permit and perhaps even a little farther. For it is not only generous occasionally to abate a little of one's rightful claims, but it is sometimes even advantageous. We should, however, have a care for our personal property, for it is discreditable to let it run through our fingers; but we must guard it in such a way that there shall be no suspicion of meanness or avarice. For the greatest privilege of wealth is, beyond all peradventure, the opportunity it affords for doing good, without sacrificing one's fortune.

Hospitality also is a theme of Theophrastus's praise, ⁵⁷ and rightly so. For, as it seems to me at least, it is most proper that the homes of distinguished men should be open to distinguished guests. And it is to the credit of our country also that men from abroad do not fail to find hospitable entertainment of this kind in our city. It is, moreover, a very great advantage, too, for those who wish to obtain a powerful political influence by honourable means to be able through their social relations with their guests to enjoy popularity and to exert influence abroad. For an instance of extraordinary hospitality, Theophrastus writes that at Athens Cimon was hospitable even to the Laciads, the people of his own deme; for he instructed his bailiffs to that end and gave them orders that every attention should be shown to any Laciad who should ever call at his country home.

65 19 Again, the kindnesses shown not by gifts⁵⁸ of money but by personal service⁵⁹ are bestowed sometimes upon the community at large, sometimes upon individual citizens. To protect a man in his legal rights [, to assist him with counsel,] and to serve as many as possible with that sort of knowledge tends greatly to increase one's influence and popularity.

Thus, among the many admirable ideas of our⁶⁰ ancestors was the high respect they always accorded to the study and interpretation of the excellent body of our civil law. And down to the present unsettled times the foremost men of the state have kept this profession exclusively in their own hands; but now the prestige of legal learning has departed along with offices of honour and positions of dignity; and this is the more deplorable, because it has come to pass in the lifetime of a man⁶¹ who in knowledge of the law would easily have surpassed all his predecessors, while in honour he is their peer. Service such as this, then, finds many to appreciate it and is calculated to bind people closely to us by our good services.

66 Closely connected with this profession, furthermore, ⁶² is the gift of eloquence; it is at once more popular and more distinguished. For what is better than eloquence to awaken the admiration of one's hearers or the hopes of the distressed or the gratitude of those whom it has protected? It was to eloquence, therefore, that our fathers assigned the foremost rank among the civil professions. The door of opportunity for generous patronage to others, then, is wide open to the orator whose heart is in his work and who follows the custom of our forefathers in undertaking the defence of many clients without reluctance and without compensation.

67 My subject suggests that at this point I express⁶³ once more my regret at the decadence, not to say the utter extinction, of eloquence; and I should do so, did I not fear that people would think that I were complaining on my own account. We see, nevertheless, what orators have lost their lives and how few of any promise are left, how far fewer there are who have ability, and how many there are who have nothing but presumption. But though not all —no, not even many—can be learned in the law or eloquent as pleaders, still anybody may be of service to many by canvassing in their support for appointments, by witnessing to their character before juries and magistrates, by looking out for the interests of one and another, and by soliciting for them the aid of jurisconsults or of advocates. Those who perform such services win the most gratitude and find a most extensive sphere for their activities.

68 Of course, those who pursue such a course do not⁶⁴ need to be warned (for the point is self-evident) to be careful when they seek to oblige some, not to offend others. For oftentimes they hurt those whom they ought not or those whom it is inexpedient to offend. If they do it inadvertently, it is carelessness; if designedly, inconsiderateness. A man must apologize also, to the best of his ability, if he has involuntarily hurt anyone's feelings, and explain why what he has done was unavoidable and why he could not have done otherwise; and he must by future services and kind offices atone for the apparent offence.

69 20 Now in rendering helpful service to people, ⁶⁵ we usually consider either their character or their circumstances. And so it is an easy remark, and one commonly made, to say that in investing kindnesses we look not to people's outward circumstances, but to their character. The phrase is admirable! But who is there, pray, that does not in performing a service set the favour of a rich and influential man above the cause of a poor, though most worthy, person? For, as a rule, our will is more inclined to the one from whom we expect a prompter and speedier return. But we should observe more carefully how the matter really stands: the poor man of whom we spoke cannot return a favour in kind, of course, but if he is a good man he can do it at least in thankfulness of heart. As someone has happily said,

A man has not repaid money, if he still has it; if he has repaid it, he has ceased to have it. But a man still has the sense of favour, if he has returned the favour; and if he has the sense of the favour, he has repaid it.

On the other hand, they who consider themselves wealthy, honoured, the favourites of fortune, do not wish even to be put under obligations by our kind services. Why, they actually think that they have conferred a favour by accepting one, however great; and they even suspect that a claim is thereby set up against them or that something is expected in return. Nay more, it is bitter as death to them to have accepted a patron or to be called clients. 70 Your man of slender means, on the other hand, feels that whatever is done for him is done out of regard for himself and not for his outward circumstances. Hence⁶⁶ he strives to show himself grateful not only to the one who has obliged him in the past but also to those from whom he expects similar favours in the future —and he needs the help of many; and his own service, if he happens to render any in return, he does not exaggerate, but he actually depreciates it. This fact, furthermore, should not be overlooked—that, if one defends a wealthy favourite of fortune, the favour does not extend further than to the man himself or, possibly, to his children. But, if one defends a man who is poor but honest and upright, all the lowly who are not dishonest—and there is a large proportion of that sort among the people—look upon such an advocate as a tower of defence raised up for them. 71 I think, therefore, that kindness to the good is a better investment than kindness to the favourites of fortune.

We must, of course, put forth every effort to oblige all sorts and conditions of men, if we can. But if it comes to a conflict of duty on this point, we must, I should say, follow the advice of Themistocles: when someone asked his advice whether he should give his daughter in marriage to a man who was poor but honest or to one who was rich but less esteemed, he⁶⁷ said:

For my part, I prefer a man without money to money without a man.

But the moral sense of to-day is demoralized and depraved by our worship of wealth. Of what concern to any one of us is the size of another man's fortune? It is, perhaps, an advantage to its possessor; but not always even that. But suppose it is; he may, to be sure, have more money to spend; but how is he any the better man for that? Still, if he is a good man, as well as a rich one, let not his riches be a hindrance to his being aided, if only they are not the motive to it; but in conferring favours our decision should depend entirely upon a man's character, not on his wealth.

The supreme rule, then, in the matter of kindnesses to be rendered by personal service is never to take up a case in opposition to the right nor in defence of the wrong. For the foundation of enduring reputation and fame is justice, and without justice there can be nothing worthy of praise.

72 21 Now, since we have finished the discussion⁶⁸ of that kind of helpful services which concern individuals, we must next take up those which touch the whole body politic and the state. Of these public services, some are of such a nature that they concern the whole body of citizens; others, that they affect individuals only. And these latter are the more productive of gratitude. If possible, we should by all means attend to both kinds of service; but we must take care in protecting the interests of individuals that what we do for them shall be beneficial, or at least not prejudicial, to the state. Gaius Gracchus inaugurated largesses of grain on an extensive scale; this had a tendency to exhaust the exchequer. Marcus Octavius inaugurated a moderate dole; this was both practicable for the state and necessary for the commons; it was, therefore, a blessing both to the citizens and to the state.

73 The man in an administrative office, however, must⁶⁹ make it his first care that everyone shall have what belongs to him and that private citizens suffer no invasion of their property rights by act of the state. It was a ruinous policy that Philippus proposed when in his tribuneship he introduced his agrarian bill. However, when his law was rejected, he took his defeat with good grace and displayed extraordinary moderation. But in his public speeches on the measure he often played the demagogue, and that time viciously, when he said that

there were not in the state two thousand people who owned any property.

That speech deserves unqualified condemnation, for it favoured an equal distribution of property; and what more ruinous policy than that could be conceived? For the chief purpose in the establishment of constitutional state and municipal governments was that individual property rights might be secured. For, although it was by Nature's guidance that men were drawn together into communities, it was in the hope of safeguarding their possessions that they sought the protection of cities.

74 The administration should also put forth every effort⁷⁰ to prevent the levying of a property tax, and to this end precautions should be taken long in advance. Such a tax was often levied in the times of our forefathers on account of the depleted state of their treasury and their incessant wars. But, if any state (I say

any,

for I would rather speak in general terms than forebode evils to our own; however, I am not discussing our own state but states in general) —if any state ever has to face a crisis requiring the imposition of such a burden, every effort must be made to let all the people realize that they must bow to the inevitable, if they wish to be saved. And⁷¹ it will also be the duty of those who direct the affairs of the state to take measures that there shall be an abundance of the necessities of life. It is needless to discuss the ordinary ways and means; for the duty is self-evident; it is necessary only to mention the matter.

75 But the chief thing in all public administration⁷² and public service is to avoid even the slightest suspicion of self-seeking.

I would,

says Gaius Pontius, the Samnite,

that fortune had withheld my appearance until a time when the Romans began to accept bribes, and that I had been born in those days! I should then have suffered them to hold their supremacy no longer.

Aye, but he would have had many generations to wait; for this plague has only recently infected our nation. And so I rejoice that Pontius lived then instead of now, seeing that he was so mighty a man! It is not yet a hundred and ten years since the enactment of Lucius Piso's bill to punish extortion; there had been no such law before. But afterward came so many laws, each more stringent than the other, so many men were accused and so many convicted, so horrible a war⁷³ was stirred up on account of the fear of what our courts would do to still others, so frightful was the pillaging and plundering of the allies when the laws and courts were suppressed,⁷⁴ that how we find ourselves strong not in our own strength but in the weakness of others.

76 22 Panaetius praises Africanus for his integrity in public life. Why should he not? But Africanus had other and greater virtues. The boast of official integrity belongs not to that man alone but also to his times. When Paulus got possession of all the wealth of Macedon—and it was enormous—he brought into our treasury so much money⁷⁵ that the spoils of a single general did away with the need for a tax on property in Rome for all time to come. But to his own house he brought nothing save the glory of an immortal name. Africanus emulated his father's example and was none the richer for his overthrow of Carthage. And what shall we say of Lucius Mummius, his colleague in the censorship? Was he one penny the richer when he had destroyed to its foundations the richest of cities? He preferred to adorn Italy rather than his own house. And yet by the adornment of Italy his own house was, as it seems to me, still more splendidly adorned.

77 There is, then, to bring the discussion back to the⁷⁶ point from which it digressed, no vice more offensive than avarice, especially in men who stand foremost and hold the helm of state. For to exploit the state for selfish profit is not only immoral; it is criminal, infamous. And so the oracle, which the Pythian Apollo uttered, that

Sparta should not fall from any other cause than avarice,

seems to be a prophecy not to the Lacedaemonians alone, but to all wealthy nations as well. They who direct the affairs of state, then, can win the good-will of the masses by no other means more easily than by self-restraint and self-denial.

78 But they who pose as friends of the people, and⁷⁷ who for that reason either attempt to have agrarian laws passed, in order that the occupants may be driven out of their homes, or propose that money loaned should be remitted to the borrowers, are undermining the foundations of the commonwealth: first of all, they are destroying harmony, which cannot exist when money is taken away from one party and bestowed upon another; and second, they do away with equity, which is utterly subverted, if the rights of property are not respected. For, as I said above, it is the peculiar function of the state and the city to guarantee to every man the free and undisturbed control of his own particular property. 79 And yet, when it comes to measures so ruinous to public welfare, they do not gain even that popularity which they anticipate. For he who has been robbed of his property is their enemy; he to whom it has been turned over actually pretends that he had no wish to take it; and most of all, when his debts are cancelled, the debtor conceals his joy, for fear that he may be thought to have been insolvent; whereas the victim of the wrong both remembers it and shows his resentment openly. Thus even though they to whom property has been wrongfully awarded be more in number than they from whom it has been unjustly taken, they do not for that reason have more influence; for in such matters influence is measured not by numbers but by weight. And how is it fair that a man who never had any property should take possession of lands that had been occupied for many years or even generations, and that he who had them before should lose possession of them?

80 23 Now, it was on account of just this sort of⁷⁸ wrong-doing that the Spartans banished their ephor Lysander, and put their king Agis to death—an act without precedent in the history of Sparta. From that time on—and for the same reason—dissensions so serious ensued that tyrants arose, the nobles were sent into exile, and the state, though most admirably constituted, crumbled to pieces. Nor did it fall alone, but by the contagion of the ills that, starting in Lacedaemon, spread widely and more widely, it dragged the rest of Greece down to ruin. What shall we say of our own Gracchi, the sons of that famous Tiberius Gracchus and grandsons of Africanus? Was it not strife over the agrarian issue that caused their downfall and death?

81 Aratus of Sicyon, on the other hand, is justly⁷⁹ praised. When his city had been kept for fifty years in the power of its tyrants, he came over from Argos to Sicyon, secretly entered the city and took it by surprise; he fell suddenly upon the tyrant Nicocles, recalled from banishment six hundred exiles who had been the wealthiest men of the city, and by his coming made his country free. But he found great difficulty in the matter of property and its occupancy; for he considered it most unjust, on the one hand, that those men should be left in want whom he had restored and of whose property others had taken possession; and he thought it hardly fair, on the other hand, that tenure of fifty years' standing should be disturbed. For in the course of that long period many of those estates had passed into innocent hands by right of inheritance, many by purchase, many by dower. He therefore decided that it would be wrong either to take the property away from the present incumbents or to let them keep it without compensation to its former possessors. 82 So, when he had come to the conclusion that he must have money to meet the situation, he announced that he meant to make a trip to Alexandria and gave orders that matters should remain as they were until his return. And so he went in haste to his friend Ptolemy, then upon the throne, the second king after the founding of Alexandria. To him he explained that he wished to restore constitutional liberty to his country and presented his case to him. And, being a man of the highest standing, he easily secured from that wealthy king assistance in the form of a large sum of money. And, when he had returned with this to Sicyon, he called into counsel with him fifteen of the foremost men of the city. With them he investigated the cases both of those who were holding possession of other people's property and of those who had lost theirs. And he managed by a valuation of the properties to persuade some that it was more desirable to accept money and surrender their present holdings; others he convinced that it was more to their interest to take a fair price in cash for their lost estates than to try to recover possession of what had been their own. As a result, harmony was preserved, and all parties went their way without a word of complaint.

83 A great statesman, and worthy to have been⁸⁰ born in our commonwealth! That is the right way to deal with one's fellow-citizens, and not, as we have already witnessed on two occasions, to plant the spear in the forum and knock down the property of citizens under the auctioneer's hammer. But yon Greek, like a wise and excellent man, thought that he must look out for the welfare of all. And this is the highest statesmanship and the soundest wisdom on the part of a good citizen, not to divide the interests of the citizens but to unite all on the basis of impartial justice.

Let them live in their neighbour's house rent-free.

⁸¹ Why so? In order that, when I have bought, built, kept up, and spent my money upon a place, you may without my consent enjoy what belongs to me? What else is that but to rob one man of what belongs to him and to give to another what does not belong to him? 84 And what is the meaning of an abolition of debts, except that you buy a farm with my money; that you have the farm, and I have not my money?

24 We must, therefore, take measures that⁸² there shall be no indebtedness of a nature to endanger the public safety. It is a menace that can be averted in many ways; but should a serious debt be incurred, we are not to allow the rich to lose their property, while the debtors profit by what is their neighbour's. For there is nothing that upholds a government more powerfully than its credit; and it can have no credit, unless the payment of debts is enforced by law. Never were measures for the repudiation of debts more strenuously agitated than in my consulship. Men of every sort and rank attempted with arms and armies to force the project through. But I opposed them with such energy that this plague was wholly eradicated from the body politic. Indebtedness was never greater; debts were never liquidated more easily or more fully; for the hope of defrauding the creditor was cut off and payment was enforced by law. But the present victor, though vanquished then, still carried out his old design, when it was no longer of any personal advantage to him.⁸³ So great was his passion for wrong-doing that the very doing of wrong was a joy to him for its own sake, even when there was no motive for it.

85 Those, then, whose office it is to look after the interests of the state will refrain from that form of liberality which robs one man to enrich another. Above all, they will use their best endeavours that⁸⁴ everyone shall be protected in the possession of his own property by the fair administration of the law and the courts, that the poorer classes shall not be oppressed because of their helplessness, and that envy shall not stand in the way of the rich, to prevent them from keeping or recovering possession of what justly belongs to them; they must strive, too, by whatever means they can, in peace or in war, to advance the state in power, in territory, and in revenues.

Such service calls for great men; it was commonly rendered in the days of our ancestors; if men will perform duties such as these, they will win popularity and glory for themselves and at the same time render eminent service to the state.

86 Now, in this list of rules touching expediency, ⁸⁵ Antipater of Tyre, a Stoic philosopher who recently died at Athens, claims that two points were overlooked by Panaetius—the care of health and of property. I presume that the eminent philosopher overlooked these two items because they present no difficulty. At all events they are expedient. Although they are a matter of course, I will still say a few words on the subject. Individual health is preserved by studying one s own constitution, by observing what is good or bad for one, by constant self-control in supplying physical wants and comforts (but only to the extent necessary to self-preservation), by forgoing sensual pleasures, and finally, by the professional skill of those to whose science these matters belong.

87 As for property, it is a duty to make money, but⁸⁶ only by honourable means; it is a duty also to save it and increase it by care and thrift. These principles Xenophon, a pupil of Socrates, has set forth most happily in his book entitled

Oeconomicus.

When I was about your present age, I translated it from the Greek into Latin.

But this whole subject of acquiring money, investing money (I wish I could include also spending money),is more profitably discussed by certain worthy gentlemen on

Change

than could be done by any philosophers of any school. For all that, we must take cognizance of them; for they come fitly under the head of expediency, and that is the subject of the present book.

88 25 But it is often necessary to weigh one⁸⁷ expediency against another;—for this, as I stated, is a fourth point overlooked by Panaetius. For not only are physical advantages regularly compared with outward advantages [and outward, with physical], but physical advantages are compared with one another, and outward with outward. Physical advantages are compared with outward advantages in some such way as this: one may ask whether it is more desirable to have health than wealth; [external advantages with physical, thus: whether it is better to have wealth than extraordinary bodily strength;] while the physical advantages may be weighed against one another, so that good health is preferred to sensual pleasure, strength to agility. Outward advantages also may be weighed against one another: glory, for example, may be preferred to riches, an income derived from city property to one derived from the farm. 89 To this class of comparisons belongs that famous saying of old Cato's: when he was asked what was the most profitable feature of an estate, he replied:

Raising cattle successfully.

What next to that?

Raising cattle with fair success.

And next?

Raising cattle with but slight success.

And fourth?

Raising crops.

And when his questioner said,

How about money-lending?

Cato replied:

How about murder?

From this as well as from many other incidents we ought to realize that expediencies have often to be weighed against one another and that it is proper for us to add this fourth division in the discussion of moral duty.

Let us now pass on to the remaining problems.

De Officiis. M. Tullius Cicero. Walter Miller (Translator). London. 1913.

Sponsored by Perseus Project, Tufts University.

Funding provided by The National Endowment for the Humanities.

Current edition Perseus

De Officiis (English) (Cicero. De Officiis. Miller, Walter, editor. Cambridge, MA: Harvard University Press; London: William Heinemann Ltd. 1913.)

Editions (1)

De Officiis Perseus (Cicero. De Officiis. Miller, Walter, editor. Cambridge, MA: Harvard University Press; London: William Heinemann Ltd. 1913.) — 2 focus

Liber Secundus

[1] 1 Quem ad modum officia ducerentur ab honestate, Marce fili, atque ab omni genere virtutis, satis explicatum arbitror libro superiore. Sequitur, ut haec officiorum genera persequar, quae pertinent ad vitae cultum et ad earum rerum, quibus utuntur homines, facultatem, ad opes, ad copias ; in quo tur quaeri dixi, quid utile, quid inutile, tur ex utilibus quid utilius aut quid maxime utile. De quibus dicere aggrediar, si pauca prius de instituto ac de iudicio meo dixero.

[2] Quamquam enim libri nostri complures non modo ad legendi, sed etiam ad scribendi studium excitaverunt, tamen interdum vereor, ne quibusdam bonis viris philosophiae nomen sit invisum mirenturque in ea tantum me operae et temporis ponere.

Ego autem, quam diu res publica per eos gerebatur, quibus se ipsa commiserat, omnis meas curas cogitationesque in eam conferebam; cum autem dominatu unius omnia tenerentur neque esset usquam consilio aut auctoritati locus, socios denique tuendae rei publicae, summos viros, amisissem, nec me angoribus dedidi, quibus essem confectus, nisi iis restitissem, nec rursum indignis homine docto voluptatibus.

[3] Atque utinam res publica stetisset, quo coeperat, statu nec in homines non tam commutandarum quam evertendarum rerum cupidos incidisset! Primum enim, ut stante re publica facere solebamus, in agendo plus quam in scribendo operae poneremus, deinde ipsis scriptis non ea, quae nunc, sed actiones nostras mandaremus, ut saepe fecimus. Cum autem res publica, in qua omnis mea cura, cogitatio, opera poni solebat, nulla esset omnino, illae scilicet litterae conticuerunt forenses et senatoriae.

[4] Nihil agere autem cum animus non posset, in his studiis ab initio versatus aetatis existimavi honestissime molestias posse deponi, si me ad philosophiam rettulissem. Cui cum multum adulescens discendi causa temporis tribuissem, posteaquam honoribus inservire coepi meque totum rei publicae tradidi, tantum erat philosophiae loci, quantum superfuerat amicorum et rei publicae temporibus; id autem omne consumebatur in legendo, scribendi otium non erat.

[5] 2 Maximis igitur in malis hoc tamen boni assecuti videmur, ut ea litteris mandaremus, quae nec erant satis nota nostris et erant cognitione dignissima. Quid enim est, per deos, optabilius sapientia, quid praestantius, quid homini melius, quid homine dignius? Hanc igitur qui expetunt, philosophi nominantur, nec quicquam aliud est philosophia, si interpretari velis, praeter studium sapientiae. Sapientia autem est, ut a veteribus philosophis definitum est, rerum divinarum et humanarum causarumque, quibus eae res continentur, scientia; cuius studium qui vituperat, haud sane intellego, quidnam sit, quod laudandum putet.

[6] Nam sive oblectatio quaeritur animi requiesque curarum, quae conferri cum eorum studiis potest, qui semper aliquid anquirunt, quod spectet et valeat ad bene beateque vivendum? sive ratio constantiae virtutisque ducitur, aut haec ars est aut nulla omnino, per quam eas assequamur. Nullam dicere maximarum rerum artem esse, cum minimarum sine arte nulla sit, hominum est parum considerate loquentium atque in maximis rebus errantium. Si autem est aliqua disciplina virtutis, ubi ea quaeretur, cum ab hoc discendi genere discesseris?

Sed haec, cum ad philosophiam cohortamur, accuratius disputari solent, quod alio quodam libro fecimus; hoc autem tempore tantum nobis declarandum fuit, cur orbati rei publicae muneribus ad hoc nos studium potissimum contulissemus.

[7] Occurritur autem nobis, et quidem a doctis et eruditis quaerentibus, satisne constanter facere videamur, qui, cum percipi nihil posse dicamus, tamen et aliis de rebus disserere soleamus et hoc ipso tempore praecepta officii persequamur. Quibus vellem satis cognita esset nostra sententia. Non enim sumus ii, quorum vagetur animus errore nec habeat umquam, quid sequatur. Quae enim esset ista mens vel quae vita potius non modo disputandi, sed etiam vivendi ratione sublata? Nos autem, ut ceteri alia certa, alia incerta esse dicunt, sic ab his dissentientes alia probabilia, contra alia dicimus.

[8] Quid est igitur, quod me impediat ea, quae probabilia mihi videantur, sequi, quae contra, improbare atque affirmandi arrogantiam vitantem fugere temeritatem, quae a sapientia dissidet plurimum? Contra autem omnia disputatur a nostris, quod hoc ipsum probabile elucere non posset, nisi ex utraque parte causarum esset facta contentio.

Sed haec explanata sunt in Academicis nostris satis, ut arbitror, diligenter. Tibi autem, mi Cicero, quamquam in antiquissima nobilissimaque philosophia Cratippo auctore versaris iis simillimo, qui ista praeclara pepererunt, tamen haec nostra finitima vestris ignota esse nolui.

Sed iam ad instituta pergamus.

[9] 3 Quinque igitur rationibus propositis officii persequendi, quarum duae ad decus honestatemque pertinerent, duae ad commoda vitae, copias, opes, facultates, quinta ad eligendi iudicium, si quando ea, quae dixi, pugnare inter se viderentur, honestatis pars confecta est, quam quidem tibi cupio esse notissimam.

Hoc autem, de quo nune agimus, id ipsum est, quod utile appellatur. In quo verbo lapsa consuetudo deflexit de via sensimque eo deducta est, ut honestatem ab utilitate secernens constitueret esse honestum aliquid, quod utile non esset, et utile, quod non honestum, qua nulla pernicies maior hominum vitae potuit afferri.

[10] Summa quidem auctoritate philosophi severe sane atque honeste haec tria genera confusa cogitatione distinguunt. Quicquid enim iustum sit, id etiam utile esse censent, itemque quod honestum, idem iustum; ex quo efficitur, ut, quicquid honestum sit, idem sit utile. Quod qui parum perspiciunt, ii saepe versutos homines et callidos admirantes malitiam sapientiam iudicant. Quorum error eripiendus est opinioque omnis ad eam spem traducenda, ut honestis consiliis iustisque factis, non fraude et malitia se intellegant ea, quae velint, consequi posse.

[11] Quae ergo ad vitam hominum tuendam pertinent, partim sunt inanima, ut aurum, argentum, ut ea, quae gignuntur e terra, ut alia generis eiusdem, partim animalia, quae habent suos impetus et rerum appetitus. Eorum autem alia rationis expertia sunt, alia ratione utentia; expertes rationis equi, boves, reliquae pecudes, apes, quarum opere efficitur aliquid ad usum hominum atque vitam; ratione autem utentium duo genera ponunt, deorum unum, alterum hominum. Deos placatos pietas efficiet et sanctitas, proxime autem et secundum deos homines hominibus maxime utiles esse possunt.

[12] Earumque item rerum, quae noceant et obsint, eadem divisio est. Sed quia deos nocere non putant, iis exceptis homines hominibus obesse plurimum arbitrantur.

Ea enim ipsa, quae inanima diximus, pleraque sunt hominum operis effecta; quae nec haberemus, nisi manus et ars accessisset, nec iis sine hominum administratione uteremur. Neque enim valetudinis curatio neque navigatio neque agri cultura neque frugum fructuumque reliquorum perceptio et conservatio sine hominum opera ulla esse potuisset.

[13] Iam vero et earum rerum, quibus abundaremus, exportatio et earum, quibus egeremus, invectio certe nulla esset, nisi his muneribus homines fungerentur. Eademque ratione nec lapides ex terra exciderentur ad usum nostrum necessarii, nec ferrum, aes, aurum, argentum effoderetur penitus abditum sine hominum labore et manu.

4 Tecta vero, quibus et frigorum vis pelleretur et calorum molestiae sedarentur, unde aut initio generi humano dari potuissent aut postea subveniri, si aut vi tempestatis aut terrae motu aut vetustate cecidissent, nisi communis vita ab hominibus harum rerum auxilia petere didicisset?

[14] Adde ductus aquarum, derivationes fluminum, agrorum irrigationes, moles oppositas fluctibus, portus manu factos, quae unde sine hominum opere habere possemus? Ex quibus multisque aliis perspicuum est, qui fructus quaeque utilitates ex rebus iis,quae sint inanimae,percipiantur,eas nosnullo modo sine hominum manu atque opera capere potuisse.

Qui denique ex bestiis fructus aut quae commoditas, nisi homines adiuvarent, percipi posset? Nam et qui principes inveniendi fuerunt, quem ex quaque belua usum habere possemus, homines certe fuerunt, nec hoc tempore sine hominum opera aut pascere eas aut domare aut tueri aut tempestivos fructus ex iis capere possemus; ab eisdemque et, quae nocent, interficiuntur et, quae usui possunt esse, capiuntur.

[15] Quid enumerem artium multitudinem, sine quibus vita omnino nulla esse potuisset? Qui enim aegris subveniretur, quae esset oblectatio valentium, qui victus aut cultus, nisi tam multae nobis artes ministrarent? quibus rebus exculta hominum vita tantum distat a victu et cultu bestiarum. Urbes vero sine hominum coetu non potuissent nec aedificari nec frequentari; ex quo leges moresque constituti, tum iuris aequa discriptio certaque vivendi disciplina; quas res et mansuetudo animorum consecuta et verecundia est effectumque, ut esset vita munitior, atque ut dando et accipiendo mutuandisque facultatibus et commodandis nulla re egeremus.

[16] 5 Longiores hoc loco sumus, quam necesse est. Quis est enim, cui non perspicua sint illa, quae pluribus verbis a Panaetio commemorantur, neminem neque ducem bello nec principem domi magnas res et salutares sine hominum studiis gerere potuisse? Commemoratur ab eo Themistocles, Pericles, Cyrus, Agesilaus, Alexander, quos negat sine adiumentis hominum tantas res efficere potuisse. Utitur in re non dubia testibus non necessariis.

Atque ut magnas utilitates adipiscimur conspiratione hominum atque consensu, sic nulla tam detestabilis pestis est, quae non homini ab homine nascatur. Est Dicaearchi liber de interitu hominum, Peripatetici magni et copiosi, qui collectis ceteris causis eluvionis, pestilentiae, vastitatis, beluarum etiam repentinae multitudinis, quarum impetu docet quaedam hominum genera esse consumpta, deinde comparat, quanto plures deleti sint homines hominum impetu, id est bellis aut seditionibus, quam omni reliqua calamitate.

[17] Cum igitur hie locus nihil habeat dubitationis, quin homines plurimum hominibus et prosint et obsint, proprium hoc statuo esse virtutis, conciliare animos hominum et ad usus suos adiungere. Itaque, quae in rebus inanimis quaeque in usu et tractatione beluarum fiunt utiliter ad hominum vitam, artibus ea tribuuntur operosis, hominum autem studia ad amplificationem nostrarum rerum prompta ac parata virorum praestantium sapientia et virtute excitantur.

[18] Etenim virtus omnis tribus in rebus fere vertitur, quarum una est in perspiciendo, quid in quaque re verum sincerumque sit, quid consentaneum cuique, quid consequens, ex quo quaeque gignantur, quae cuiusque rei causa sit, alterum cohibere motus animi turbatos, quos Graeci πάθη nominant, appetitionesque, quas illi ὁρμάς, oboedientes efficere rationi, tertium iis, quibuscum congregemur, uti moderate et scienter, quorum studiis ea, quae natura desiderat, expleta cumulataque habeamus, per eosdemque, si quid importetur nobis incommodi, propulsemus ulciscamurque eos, qui nocere nobis conati sint, tantaque poena afficiamus, quantam aequitas humanitasque patitur.

[19] 6 Quibus autem rationibus hanc facultatem assequi possimus, ut hominum studia complectamur eaque teneamus, dicemus, neque ita multo post, sed pauca ante dicenda sunt.

Magnam vim esse in fortuna in utramque partem, vel secundas ad res vel adversas, quis ignorat? Nam et, cum prospero flatu eius utimur, ad exitus pervehimur optatos et, cum reflavit, affligimur. Haec igitur ipsa fortuna ceteros casus rariores habet, primum ab inanimis procellas, tempestates, naufragia, ruinas, incendia, deinde a bestiis ictus, morsus, impetus; haec ergo, ut dixi, rariora.

[20] At vero interitus exercituum, ut proxime trium, saepe multorum, clades imperatorum, ut nuper summi et singularis viri, invidiae praeterea multitudinis atque ob eas bene meritorum saepe civium expulsiones, calamitates, fugae, rursusque secundae res, honores, imperia, victoriae, quamquam fortuita sunt, tamen sine hominum opibus et studiis neutram in partem effici possunt.

Hoc igitur cognito dicendum est, quonam modo hominum studia ad utilitates nostras allicere atque excitare possimus. Quae si longior fuerit oratio, cum magnitudine utilitatis comparetur; ita fortasse etiam brevior videbitur.

[21] Quaecumque igitur homines homini tribuunt ad eum augendum atque honestandum, aut benivolentiae gratia faciunt, cum aliqua de causa quempiam diligunt, aut honoris, si cuius virtutem suspiciunt, quemque dignum fortuna quam amplissima putant, aut cui fidem habent et bene rebus suis consulere arbitrantur, aut cuius opes metuunt, aut contra, a quibus aliquid exspectant, ut cum reges popularesve homines largitiones aliquas proponunt, aut postremo pretio ac mercede ducuntur, quae sordidissima, est illa quidem ratio et inquinatissima et iis, qui ea tenentur, et illis, qui ad eam confugere conantur;

[22] male enim se res habet, cum, quod virtute effici debet, id temptatur pecunia. Sed quoniam non numquam hoc subsidium necessarium est, quem ad modum sit utendum eo, dicemus, si prius iis de rebus, quae virtuti propiores sunt, dixerimus.

Atque etiam subiciunt se homines imperio alterius et potestati de causis pluribus. Ducuntur enim aut benivolentia aut beneficiorum magnitudine aut dignitatis praestantia aut spe sibi id utile futurum aut metu ne vi parere cogantur, aut spe largitionis promissisque capti aut postremo, ut saepe in nostra re publica videmus, mercede conducti.

[23] 7 Omnium autem rerum nec aptius est quicquam ad opes tuendas ac tenendas quam diligi nec alienius quam timeri. Praeclare enim Ennius:

Quém metuunt, odérunt; quem quisque ódit, periisse éxpetit.

Multorum autem odiis nullas opes posse obsistere, si antea fuit ignotum, nuper est cognitum. Nec vero huius tyranni solum, quem armis oppressa pertulit civitas ac paret cum maxime mortuo, interitus declarat, quantum odium hominum valeat ad pestem, sed reliquorum similes exitus tyrannorum, quorum haud fere quisquam talem interitum effugit; malus enim est custos diuturnitatis metus contraque benivolentia fidelis vel ad perpetuitatem.

[24] Sed iis, qui vi oppresses imperio coercent, sit sane adhibenda saevitia, ut eris in famulos, si aliter teneri non possunt; qui vero in libera civitate ita se instruunt, ut metuantur, iis nihil potest esse dementius. Quamvis enim sint demersae leges alicuius opibus, quamvis timefacta libertas, emergunt tamen haec aliquando aut iudiciis tacitis aut occultis de honore suffragiis. Acriores autem morsus sunt intermissae libertatis quam retentae. Quod igitur latissime patet neque ad incolumitatem solum, sed etiam ad opes et potentiam valet plurimum, id amplectamur, ut metus absit, caritas retineatur. Ita facillime, quae volemus, et privatis in rebus et in re publica consequemur.

Etenim qui se metui volent, a quibus metuentur, eosdem metuant ipsi necesse est.

[25] Quid enim censemus superiorem ilium Dionysium quo cruciatu timoris angi solitum, qui cultros metuens tonsorios candente carbone sibi adurebat capillum? quid Alexandrum Pheraeum quo animo vixisse arbitramur? qui, ut scriptum legimus, cum uxorem Theben admodum diligeret, tamen ad ear ex epulis in cubiculum veniens barbarum, et eum quidem, ut scriptum est, compunctum notis Thraeciis, destricto gladio iubebat anteire praemittebatque de stipatoribus suis, qui scrutarentur arculas muliebres et, ne quod in vestimentis telum occultaretur, exquirerent. O miserum, qui fideliorem et barbarum et stigmatiam putaret quam coniugem! Nec eum fefellit; ab ea est enim ipsa propter pelicatus suspicionem interfectus.

Nec vero ulla vis imperii tanta est, quae premente metu possit esse diuturna.

[26] Testis est Phalaris, cuius est praeter ceteros nobilitata crudelitas, qui non ex insidiis interiit, ut is, quem modo dixi, Alexander, non a paucis, ut hic noster, sed in quem universa Agrigentinorum multitudo impetum fecit.

Quid? Macedones nonne Demetrium reliquerunt universique se ad Pyrrhum contulerunt? Quid? Lacedaemonios iniuste imperantes nonne repente omnes fere socii deseruerunt spectatoresque se otiosos praebuerunt Leuctricae calamitatis?

8 Externa libentius in tali re quam domestica recordor. Verum tamen, quam diu imperium populi Romani beneficiis tenebatur, non iniuriis, bella aut pro sociis aut de imperio gerebantur, exitus erant bellorum aut mites aut necessarii, regum, populorum, nationum portus erat et refugium senatus,

[27] nostri autem magistratus imperatoresque ex hac una re maximam laudem capere studebant, si provincias, si socios aequitate et fide defendissent; 27

(27.)

itaque illud patrocinium orbis terrae verius quam imperium poterat nominari.

Sensim hanc consuetudinem et disciplinam iam antea minuebamus, post vero Sullae victoriam penitus amisimus; desitum est enim videri quicquam in socios iniquum, cum exstitisset in cives tanta crudelitas. Ergo in illo secuta est honestam causam non honesta victoria; est enim ausus dicere, hasta posita cum bona in foro venderet et bonorum virorum et locupletium et certe civium, praedam se suam vendere. Secutus est, qui in causa impia, victoria etiam foediore non singulorum civium bona publicaret, sed universas provincias regionesque uno calamitatis iure comprehenderet.

[28] Itaque vexatis ac perditis exteris nationibus ad exemplum amissi imperii portari in triumpho Massiliam vidimus et ex ea urbe triumphari, sine qua numquam nostri imperatores ex Transalpinis bellis triumpharunt. Multa praeterea commemorarem nefaria in socios, si hoc uno quicquam sol vidisset indignius, lure igitur plectimur. Nisi enim multorum impunita scelera tulissemus, numquam ad unum tanta pervenisset licentia; a quo quidem rei familiaris ad paucos, cupiditatum ad multos improbos venit hereditas.

[29] Nec vero umquam bellorum civilium semen et causa deerit, dum homines perditi hastam illam cruentam et meminerint et sperabunt; quam P. Sulla cum vibrasset dictatore propinquo suo, idem sexto tricesimo anno post a sceleratiore hasta non recessit; alter autem, qui in illa dictatura scriba fuerat, in hac fuit quaestor urbanus. Ex quo debet intellegi talibus praemiis propositis numquam defutura bella civilia.

Itaque parietes modo urbis stant et manent, iique ipsi iam extrema scelera metuentes, rem vero publicam penitus amisimus. Atque in has clades incidimus (redeundum est enim ad propositum), dum metui quam carl esse et diligi malumus. Quae si populo Romano iniuste imperanti accidere potuerunt, quid debent putare singuli? Quod cum perspicuum sit, benivolentiae vim esse magnam, metus imbecillam, sequitur, ut disseramus, quibus rebus facillime possimus eam, quam volumus, adipisci cum honore et fide caritatem.

[30] Sed ea non pariter omnes egemus; nam ad cuiusque vitam institutam accommodandum est, a multisne opus sit an satis sit a paucis diligi. Certum igitur hoc sit, idque et primum et maxime necessarium, familiaritates habere fidas amantium nos amicorum et nostra mirantium; haec enim una res prorsus, ut non multum differat inter summos et mediocris viros, aeque utrisque est propemodum comparanda.

[31] Honore et gloria et benivolentia civium fortasse non aeque omnes egent, sed tamen, si cui haec suppetunt, adiuvant aliquantum cum ad cetera, tum ad amicitias comparandas.

9 Sed de amicitia alio libro dictum est, qui inscribitur Laelius; nunc dicamus de gloria, quamquam ea quoque de re duo sunt nostri libri, sed attingamus, quandoquidem ea in rebus maioribus administrandis adiuvat plurimum.

Summa igitur et perfecta gloria constat ex tribus his: si diligit multitudo, si fidem habet, si cum admiratione quadam honore dignos putat. Haec autem, si est simpliciter breviterque dicendum, quibus rebus pariuntur a singulis, eisdem fere a multitudine. Sed est alius quoque quidam aditus ad multitudinem, ut in universorum animos tamquam influere possimus.

[32] Ac primum de illis tribus, quae ante dixi, benivolentiae praecepta videamus; quae quidem capitur beneficiis maxime, secundo autem loco voluntate benefica benivolentia movetur, etiamsi res forte non suppetit; vehementer autem amor multitudinis commovetur ipsa fama et opinione liberalitatis, beneficentiae, iustitiae, fidei omniumque earum virtutum, quae pertinent ad mansuetudinem morum ac facilitatem. Etenim illud ipsum, quod honestum decorumque dicimus, quia per se nobis placet animosque omnium natura et specie sua commovet maximeque quasi perlucet ex iis, quas commemoravi, virtutibus, idcirco illos, in quibus eas virtutes esse remur, a natura ipsa diligere cogimur. Atque hae quidem causae diligendi gravissimae; possunt enim praetcrea non nullae esse leviores.

[33] Fides autem ut habeatur, duabus rebus effici potest, si existimabimur adepti coniunctam cum iustitia prudentiam. Nam et iis fidem habemus, quos plus intellegere quam nos arbitramur quosque et futura prospicere credimus et, cum res agatur in discrimenque ventum sit, expedire rem et consilium ex tempore capere posse; hanc enim utilem homines existimant veramque prudentiam. Iustis autem et fidis hominibus, id est bonis viris, ita fides habetur, ut nulla sit in iis fraudis iniuriaeque suspicio. Itaque his salutem nostram, his fortunas, his liberos rectissime committi arbitramur.

[34] Harum igitur duarum ad fidem faciendam iustitia plus pollet, quippe cum ea sine prudentia satis habeat auctoritatis, prudentia sine iustitia nihil valet ad faciendam fidem. Quo enim quis versutior et callidior, hoc invisior et suspectior est detracta opinione probitatis. Quam ob rem intellegentiae iustitia coniuncta, quantum volet, habebit ad faciendam fidem virium; iustitia sine prudentia multum poterit, sine iustitia nihil valebit prudentia.

[35] 10 Sed ne quis sit admiratus, cur, cum inter omnes philosophos constet a meque ipso saepe disputatum sit, qui unam haberet, omnes habere virtutes, nune ita seiungam, quasi possit quisquam, qui non idem prudens sit, iustus esse, alia est illa, cum veritas ipsa limatur in disputatione, subtilitas, alia, cum ad opinionem communem omnis accommodatur oratio. Quam ob rem, ut volgus, ita nos hoc loco loquimur, ut alios fortes, alios viros bonos, alios prudentes esse dicamus; popularibus enim verbis est agendum et usitatis, cum loquimur de opinione populari, idque eodem modo fecit Panaetius. Sed ad propositum revertamur.

[36] Erat igitur ex iis tribus, quae ad gloriam pertinerent, hoc tertium, ut cum admiratione hominum honore ab iis digni iudicaremur. Admirantur igitur communiter illi quidem omnia, quae magna et praeter opinionem suam animadverterunt, separatim autem, in singulis si perspiciunt necopinata quaedam bona. Itaque eos viros suspiciunt maximisque efferunt laudibus, in quibus existimant se excellentes quasdam et singulares perspicere virtutes, despiciunt autem eos et contemnunt, in quibus nihil virtutis, nihil animi, nihil nervorum putant. Non enim omnes eos contemnunt, de quibus male existimant. Nam quos improbos, maledicos, fraudulentos putant et ad faciendam iniuriam instructos, eos haud contemnunt quidem, sed de iis male existimant. Quam ob rem, ut ante dixi, contemnuntur ii, qui nec sibi nec alteri, ut dicitur, in quibus nullus labor, nulla industria, nulla cura est.

[37] Admiratione autem afficiuntur ii, qui anteire ceteris virtute putantur et cum omni carere dedecore, tum vero iis vitiis, quibus alii non facile possunt obsistere. Nam et voluptates, blandissimae dominae. maioris partis animos a virtute detorquent et, dolorum cum admoventur faces, praeter modum plerique exterrentur; vita mors, divitiae paupertas omnes homines vehementissime permovent. Quae qui in utramque partem excelso animo magnoque despiciunt, cumque aliqua iis ampla et honesta res obiecta est, totos ad se convertit et rapit, tum quis non admiretur splendorem pulchritudinemque virtutis?

[38] 11 Ergo et haec animi despicientia admirabilitatem magnam facit et maxime iustitia, ex qua una virtute viri boni appellantur, mirifica quaedam multitudini videtur, nec iniuria; nemo enim iustus esse potest, qui mortem, qui dolorem, qui exsilium, qui egestatem timet, aut qui ea, quae sunt his contraria, aequitati anteponit. Maximeque admirantur eum, qui pecunia non movetur; quod in quo viro perspectum sit, hunc igni spectatum arbitrantur.

Itaque illa tria, quae proposita sunt ad gloriarm omnia iustitia conficit, et benivolentiam, quod prodesse vult plurimis, et ob eandem causam fidem et admirationem, quod eas res spernit et neglegit, ad quas plerique inflammati aviditate rapiuntur.

[39] Ac mea quidem sententia omnis ratio atque institutio vitae adiumenta hominum desiderat, in primisque ut habeat, quibuscum possit familiares conferre sermones; quod est difficile, nisi speciem prae te boni viri feras. Ergo etiam solitario homini atque in agro vitam agenti opinio iustitiae necessaria est, eoque etiam magis, quod, eam si non habebunt, iniusti habebuntur, nullis praesidiis saepti multis afficientur iniuriis.

[40] Atque iis etiam, qui vendunt emunt, conducunt locant contrahendisque negotiis implicantur, iustitia ad rem gerendam necessaria est, cuius tanta vis est, ut ne illi quidem, qui maleficio et scelere pascuntur, possint sine ulla particula iustitiae vivere. Nam qui eorum cuipiam, qui una latrocinantur, furatur aliquid aut eripit, is sibi ne in latrocinio quidem relinquit locum, ille autem, qui archipirata dicitur, nisi aequabiliter praedam dispertiat, aut interficiatur a sociis aut relinquatur; quin etiam leges latronum esse dicuntur, quibus pareant, quas observent. Itaque propter aequabilem praedae partitionem et Bardulis Illyrius latro, de quo est apud Theopompum, magnas opes habuit et multo maiores Viriathus Lusitanus; cui quidem etiam exercitus nostri imperatoresque cesserunt; quem C. Laelius, is qui Sapiens usurpatur, praetor fregit et comminuit ferocitatemque eius ita repressit, ut facile bellum reliquis traderet.

Cum igitur tanta vis iustitiae sit, ut ea etiam latronum opes firmet atque augeat, quantam eius vim inter leges et iudicia et in constituta re publica fore putamus?

[41] 12 Mihi quidem non apud Medos solum, ut ait Herodotus, sed etiam apud maiores nostros iustitiae fruendae causa videntur olim bene morati reges constituti. Nam cum premeretur inops multitudo ab iis, qui maiores opes habebant, ad unum aliquem confugiebant virtute praestantem; qui cum prohiberet iniuria tenuiores, aequitate constituenda summos cum infimis pari iure retinebat. Eademque constituendarum legum fuit causa, quae regum.

[42] Ius enim semper est quaesitum aequabile; neque enim aliter esset ius. Id si ab uno iusto et bono viro consequebantur, erant eo contenti; cum id minus contingeret, leges sunt inventae, quae cum omnibus semper una atque eadem voce loquerentur.

Ergo hoc quidem perspicuum est, eos ad imperandum deligi solitos, quorum de iustitia magna esset opinio multitudinis. Adiuncto vero, ut idem etiam prudentes haberentur, nihil erat, quod homines iis auctoribus non posse consequi se arbitrarentur. Omni igitur ratione colenda et retinenda iustitia est cum ipsa per sese (nam aliter iustitia non esset), tum propter amplificationem honoris et gloriae.

Sed ut pecuniae non quaerendae solum ratio est, verum etiam collocandae, quae perpetuos sumptus suppeditet, nec solum necessaries, sed etiam liberales, sic gloria et quaerenda et collocanda ratione est.

[43] Quamquam praeclare Socrates hanc viam ad gloriam proximam et quasi compendiariam dicebat esse, si quis id ageret, ut, qualis haberi vellet, talis esset. Quodsi qui simulatione et inani ostentatione et ficto non modo sermone, sed etiam voltu stabilem se gloriam consequi posse rentur, vehementer errant. Vera gloria radices agit atque etiam propagatur, ficta omnia celeriter tamquam flosculi decidunt, nee simulatum potest quicquam esse diuturnum. Testes sunt permulti in utramque partem, sed brevitatis causa familia contenti erimus una. Ti. enim Gracchus P. f. tam diu laudabitur, dum memoria rerum Romanarum manebit; at eius filii nec vivi probabantur bonis et mortui numerum optinent iure caesorum.

13 Qui igitur adipisci veram gloriam volet, iustitiae fungatur officiis. Ea quae essent, dictum est in libro superiore.

[44] 13

(13.)

Sed ut facillime, quales simus, tales esse videamur, etsi in eo ipso vis maxima est, ut simus ii, qui haberi velimus, tamen quaedam praecepta danda sunt. Nam si quis ab ineunte aetate habet causam celebritatis et nominis aut a patre acceptam, quod tibi, mi Cicero, arbitror contigisse, aut aliquo casu atque fortuna, in hunc oculi omnium coniciuntur atque in eum, quid agat, quem ad modum vivat, inquiritur et, tamquam in clarissima luce versetur, ita nullum obscurum potest nec dictum eius esse nec factum.

[45] Quorum autem prima aetas propter humilitatem et obscuritatem in hominum ignoratione versatur, ii, simul ac iuvenes esse coeperunt, magna spectare et ad ea rectis studiis debent contendere; quod eo firmiore animo facient, quia non modo non invidetur illi aetati, verum etiam favetur.

Prima igitur est adulescenti commendatio ad gloriam, si qua ex bellicis rebus comparari potest, in qua multi apud maiores nostros exstiterunt; semper enim fere bella gerebantur. Tua autem aetas incidit in id bellum, cuius altera pars sceleris nimium habuit, altera felicitatis parum. Quo tamen in bello cum te Pompeius alae alteri praefecisset, magnam laudem et a summo viro et ab exercitu consequebare equitando, iaculando, omni militari labore tolerando. Atque ea quidem tua laus pariter cum re publica cecidit.

Mihi autem haec oratio suscepta non de te est, sed de genere toto; quam ob rein pergarnus ad ea, quae restant.

[46] Ut igitur in reliquis rebus multo maiora opera sunt animi quam corporis, sic eae res, quas ingenio ac ratione persequimur, gratiores sunt quam illae, quas viribus. Prima igitur commendatio proficiscitur a modestia cum pietate in parentes, in suos benivolentia. Facillime autem et in optimam partem cognoscuntur adulescentes, qui se ad claros et sapientes viros bene consulentes rei publicae contulerunt; quibuscum si frequentes sunt, opinionem afferunt populo eorum fore se similes, quos sibi ipsi delegerint ad imitandum.

[47] P. Rutili adulescentiam ad opinionem et innocentiae et iuris scientiae P. Muci commendavit domus. Nam L. quidem Crassus, cum esset admodum adulescens, non aliunde mutuatus est, sed sibi ipse peperit maximam laudem ex illa accusatione nobili et gloriosa, et, qua aetate qui exercentur, laude affici solent, ut de Demosthene accepimus, ea aetate L. Crassus ostendit id se in foro optime iam facere, quod etiam tum poterat domi cum laude meditari.

[48] 14 Sed cum duplex ratio sit orationis, quarum in altera sermo sit, in altera contentio, non est id quidem dubium, quin contentio orationis maiorem vim habeat ad gloriam (ea est enim, quam eloquentiam dicimus); sed tamen difficile dictu est, quantopere conciliet animos comitas affabilitasque sermonis. Exstant epistulae et Philippi ad Alexandrum et Antipatri ad Cassandrum et Antigoni ad Philippum filium, trium prudentissimorum (sic enim accepimus); quibus praecipiunt, ut oratione benigna multitudinis animos ad benivolentiam alliciant militesque blande appellando sermone deliniant. Quae autem in multitudine cum contentione habetur oratio, ea saepe universam excitat gloriam; magna est enim admiratio copiose sapienterque dicentis; quem qui audiunt, intellegere etiam et sapere plus quam ceteros arbitrantur. Si vero inest in oratione mixta modestia gravitas, nihil admirabilius fieri potest, eoque magis, si ea sunt in adulescente.

[49] Sed cum sint plura causarum genera, quae eloquentiam desiderent, multique in nostra re publica adulescentes et apud iudices et apud populum et apud senatum dicendo laudem assecuti sint, maxima est admiratio in iudiciis.

Quorum ratio duplex est. Nam ex accusatione et ex defensione constat; quarum etsi laudabilior est defensio, tamen etiam accusatio probata persaepe est. Dixi paulo ante de Crasso; idem fecit adulescens M. Antonius. Etiam P. Sulpici eloquentiam accusatio illustravit, cum seditiosum et inutilem civem, C. Norbanum, in iudicium vocavit.

[50] Sed hoc quidem non est saepe faciendum nec umquam nisi aut rei publicae causa, ut ii, quos ante dixi, aut ulciscendi, ut duo Luculli, aut patrocinii, ut nos pro Siculis, pro Sardis in Albucio Iulius. In accusando etiam M’. Aquilio L. Fufi cognita industria est. Semel igitur aut non saepe certe. Sin erit, cui faciendum sit saepius, rei publicae tribuat hoc muneris, cuius inimicos ulcisci saepius non est reprehendendum; modus tamen adsit. Duri enim hominis vel potius vix hominis videtur periculum capitis inferre multis. Id cum periculosum ipsi est, tum etiam sordidum ad famam, committere, ut accusator nominere; quod contigit M. Bruto summo genere nato, illius filio, qui iuris civilis in primis peritus fuit.

[51] Atque etiam hoc praeceptum officii diligenter tenendum est, ne quem umquam innocentem iudicio capitis arcessas; id enim sine scelere fieri nullo pacto potest. Nam quid est tam inhumanum quam eloquentiam a natura ad salutem hominum et ad conservationem datam ad bonorum pestem perniciemque convertere? Nec tamen, ut hoc fugiendum est, item est habendum religioni nocentem aliquando, modo ne nefarium impiumque, defendere; vult hoc multitudo, patitur consuetudo, fert etiam humanitas. Iudicis est semper in causis verum sequi, patroni non numquam veri simile, etiamsi minus sit verum, defendere; quod scribere, praesertim cum de philosophia scriberem, non auderem, nisi idem placeret gravissimo Stoicorum, Panaetio. Maxime autem et gloria paritur et gratia defensionibus, eoque maior, si quando accidit, ut ei subveniatur, qui potentis alicuius opibus circumveniri urguerique videatur, ut nos et saepe alias et adulescentes contra L. Sullae dominantis opes pro Sex. Roscio Amerino fecimus, quae, ut scis, exstat oratio.

[52] 15 Sed expositis adulescentium officiis, quae valeant ad gloriam adipiscendam, deinceps de beneficentia ac de liberalitate dicendum est; cuius est ratio duplex; nam aut opera benigne fit indigentibus aut pecunia. Facilior est haec posterior, locupleti praesertim, sed illa lautior ac splendidior et viro forti claroque dignior. Quamquam enim in utroque inest gratificandi liberalis voluntas, tamen altera ex area, altera ex virtute depromitur, largitioque, quae fit ex re familiari, fontem ipsum benignitatis exhaurit. Ita benignitate benignitas tollitur; qua quo in plures usus sis, eo minus in multos uti possis.

[53] At qui opera, id est virtute et industria, benefici et liberales erunt, primum, quo pluribus profuerint, eo plures ad benigne faciendum adiutores habebunt, dein consuetudine beneficentiae paratiores erunt et tamquam exercitatiores ad bene de multis promerendum.

Praeclare in epistula quadam Alexandrum filium Philippus accusat, quod largitione benivolentiam Macedonum consectetur: Quae te, malum! inquit, ratio in istam spem induxit, ut eos tibi fideles putares fore, quos pecunia corrupisses? An tu id agis, ut Macedones non te regem suum, sed ministrum et praebitorem sperent fore?

Bene ministrum et praebitorem, quia sordidum regi, melius etiam, quod largitionem corruptelam dixit esse; fit enim deterior, qui accipit, atque ad idem semper exspectandum paratior.

[54] Hoc ille filio, sed praeceptum putemus omnibus.

Quam ob rem id quidem non dubium est, quin illa benignitas, quae constet ex opera et industria, et honestior sit et latius pateat et possit prodesse pluribus; non numquam tamen est largiendum, nec hoc benignitatis genus omnino repudiandum est et saepe idoneis hominibus indigentibus de re familiari impertiendum, sed diligenter atque moderate; multi enim patrimonia effuderunt inconsulte largiendo. Quid autem est stultius quam, quod libenter facias, curare, ut id diutius facere non possis? Atque etiam sequuntur largitionem rapinae; cum enim dando egere coeperunt, alienis bonis manus afferre coguntur. Ita, cum benivolentiae comparandae causa benefici esse velint, non tanta studia assequuntur eorum, quibus dederunt, quanta odia eorum, quibus ademerunt.

[55] Quam ob rem nec ita claudenda res est familiaris, ut eam benignitas aperire non possit, nec ita reseranda, ut pateat omnibus; modus adhibeatur, isque referatur ad facultates. Omnino meminisse debemus, id quod a nostris hominibus saepissime usurpatum iam in proverbii consuetudinem venit, largitionem fundum non habere; etenim quis potest modus esse, cum et idem, qui consuerunt, et idem illud alii desiderent?

16 Omnino duo sunt genera largorum, quorum alteri prodigi, alteri liberales: prodigi, qui epulis et viscerationibus et gladiatorum muneribus, ludorum venationumque apparatu pecunias profundunt in eas res, quarum memoriam aut brevem aut nullam omnino sint relicturi,

[56] liberales autem, qui suis facultatibus aut captos a praedonibus redimunt aut aes alienum suscipiunt amicorum aut in filiarum collocatione adiuvant aut opitulantur in re vel quaerenda vel augenda. 56

(56.)

Itaque miror, quid in mentem venerit Theophrasto in eo libro, quem de divitiis scripsit; in quo multa praeclare, illud absurde: est enim multus in laudanda magnificentia et apparatione popularium munerum taliumque sumptuum facultatem fructum divitiarum putat. Mihi autem ille fructus liberalitatis, cuius pauca exempla posui, multo et maior videtur et certior.

Quanto Aristoteles gravius et verius nos reprehendit! qui has pecuniarum effusiones non admiremur, quae fiunt ad multitudinem deliniendam. Ait enim, qui ab hoste obsidentur, si emere aquae sextarium cogerentur mina, hoc primo incredibile nobis videri, omnesque mirari, sed cum attenderint, veniam necessitati dare, in his immanibus iacturis infinitisque sumptibus nihil nos magnopere mirari, cum praesertim neque necessitati subveniatur nec dignitas augeatur ipsaque illa delectatio multitudinis ad breve exiguumque tempus capiatur, eaque a levissimo quoque, in quo tamen ipso una cum satietate memoria quoque moriatur voluptatis.

[57] Bene etiam colligit, haec pueris et mulierculis et servis et servorum simillimis liberis esse grata, gravi vero homini et ea, quae fiunt, iudicio certo ponderanti probari posse nullo modo.

Quamquam intellego in nostra civitate inveterasse iam bonis temporibus, ut splendor aedilitatum ab optimis viris postuletur. Itaque et P. Crassus cum cognomine dives, tum copiis functus est aedilicio maximo munere, et paulo post L. Crassus cum omnium hominum moderatissimo Q. Mucio magnificentissima aedilitate functus est, deinde C. Claudius App. f., multi post, Luculli, Hortensius, Silanus; omnes autem P. Lentulus me consule vicit superiores; hunc est Scaurus imitatus; magnificentissima vero nostri Pompei munera secundo consulatu; in quibus omnibus quid mihi placeat, vides.

[58] 17 Vitanda tamen suspicio est avaritiae. Mamerco, homini divitissimo, praetermissio aedilitatis consulatus repulsam attulit. Quare et, si postulatur a populo, bonis viris si non desiderantibus, at tamen approbantibus faciundum est, modo pro facultatibus, nos ipsi ut fecimus, et, si quando aliqua res maior atque utilior populari largitione acquiritur, ut Oresti nuper prandia in semitis decumae nomine magno honori fuerunt. Ne M. quidem Seio vitio datum est, quod in caritate asse modium populo dedit; magna enim se et inveterata invidia nec turpi iactura, quando erat aedilis, nec maxima liberavit. Sed honori summo nuper nostro Miloni fuit, qui gladiatoribus emptis rei publicae causa, quae salute nostra continebatur, omnes P. Clodi conatus furoresque compressit.

Causa igitur largitionis est, si aut necesse est aut utile.

[59] In his autem ipsis mediocritatis regula optima est. L. quidem Philippus Q. f., magno vir ingenio in primisque clarus, gloriari solebat se sine ullo munere adeptum esse omnia, quae haberentur amplissima. Dicebat idem Cotta, Curio. Nobis quoque licet in hoc quodam modo gloriari; nam pro amplitudine honorum, quos cunctis suffragiis adepti sumus nostro quidem anno, quod contigit eorum nemini, quos modo nominavi, sane exiguus sumptus aedilitatis fuit.

[60] Atque etiam illae impensae meliores, muri, navalia, portus, aquarum ductus omniaque, quae ad usum rei publicae pertinent. Quamquam, quod praesens tamquam in manum datur, iucundius est; tamen haec in posterum gratiora. Theatra, porticus, nova templa verecundius reprehendo propter Pompeium, sed doctissimi non probant, ut et hic ipse Panaetius, quem nultum in his libris secutus sum, non interpretatus, et Phalereus Demetrius, qui Periclem, principem Graeciae, vituperat, quod tantam pecuniam in praeclara illa propylaea coniecerit. Sed de hoc genere toto in iis libris, quos de re publica scripsi, diligenter est disputatum.

Tota igitur ratio talium largitionum genere vitiosa est, temporibus necessaria, et tum ipsum et ad facultates accommodanda et mediocritate moderanda est.

[61] 18 In illo autem altero genere largiendi, quod a liberalitate proficiscitur, non uno modo in disparibus causis affecti esse debemus. Alia causa est eius, qui calamitate premitur, et eius, qui res meliores quaerit nullis suis rebus adversis.

[62] Propensior benignitas esse debebit in calamitosos, nisi forte erunt digni calamitate. In iis tamen, qui se adiuvari volent, non ne affligantur, sed ut altiorem gradum ascendant, restricti omnino esse nullo modo debemus, sed in deligendis idoneis iudicium et diligentiam adhibere. Nam praeclare Ennius:

Bene fácta male locáta male facta árbitror.

[63] Quod autem tributum est bono viro et grato, in eo cum ex ipso fructus est, tum etiam ex ceteris. Temeritate enim remota gratissima est liberalitas, eoque eam studiosius plerique laudant, quod summi cuiusque bonitas commune perfugium est omnium. Danda igitur opera est, ut iis beneficiis quam plurimos afficiamus, quorum memoria liberis posterisque prodatur, ut iis ingratis esse non liceat. Omnes enim immemorem beneficii oderunt eamque iniuriam in deterrenda liberalitate sibi etiam fieri eumque, qui faciat, communem hostem tenuiorum putant.

Atque haec benignitas etiam rei publicae est utilis, redimi e servitute captos, locupletari tenuiores; quod quidem volgo solitum fieri ab ordine nostro in oratione Crassi scriptum copiose videmus. Hanc ergo consuetudinem benignitatis largitioni munerum longe antepono; haec est gravium hominum atque magnorum, illa quasi assentatorum populi multitudinis levitatem voluptate quasi titillantium.

[64] Conveniet autem cum in dando munificum esse, tum in exigendo non acerbum in omnique re contrahenda, vendundo emendo, conducendo locando, vicinitatibus et confiniis, aequum, facilem, multa multis de suo iure cedentem, a litibus vero, quantum liceat et nescio an paulo plus etiam, quam liceat, abhorrentem. Est enim non modo liberale paulum non numquam de suo iure decedere, sed interdum etiam fructuosum. Habenda autem ratio est rei familiaris, quam quidem dilabi sinere flagitiosum est, sed ita, ut illiberalitatis avaritiaeque absit suspicio; posse enim liberalitate uti non spoliantem se patrimonio nimirum est pecuniae fructus maximus.

Recte etiam a Theophrasto est laudata hospitalitas; est enim, ut mihi quidem videtur, valde decorum patere domus hominum illustrium hospitibus illustribus, idque etiam rei publicae est ornamento, homines externos hoc liberalitatis genere in urbe nostra non egere. Est autem etiam vehementer utile iis, qui honeste posse multum volunt, per hospites apud externos populos valere opibus et gratia. Theophrastus quidem scribit Cimonem Athenis etiam in suos curiales Laciadas hospitalem fuisse; ita enim instituisse et vilicis imperavisse, ut omnia praeberentur, quicumque Laciades in villam suam devertisset.

[65] 19 Quae autem opera, non largitione beneficia dantur, haec tum in universam rem publicam, tum in singulos cives conferuntur. Nam in iure cavere , consilio iuvare, atque hoc scientiae genere prodesse quam plurimis vehementer et ad opes augendas pertinet et ad gratiam.

Itaque cum multa praeclara maiorum, tum quod optime constituti iuris civilis summo semper in honore fuit cognitio atque interpretatio; quam quidem ante hanc confusionem temporum in possessione sua principes retinuerunt, nunc, ut honores, ut omnes dignitatis gradus, sic huius scientiae splendor deletus est, idque eo indignius, quod eo tempore hoc contigit, cum is esset, qui omnes superiores, quibus honore par esset, scientia facile vicisset. Haec igitur opera grata multis et ad beneficiis obstringendos homines accommodata.

[66] Atque huic arti finitima est dicendi gravior facultas et gratior et ornatior. Quid enim eloquentia praestabilius vel admiratione audientium vel spe indigentium vel eorum, qui defensi sunt, gratia? Huic quoque ergo a maioribus nostris est in toga dignitatis principatus datus. Diserti igitur hominis et facile laborantis, quodque in patriis est moribus, multorum causas et non gravate et gratuito defendentis beneficia et patrocinia late patent.

[67] Admonebat me res, ut hoc quoque loco intermissionem eloquentiae, ne dicam interitum, deplorarem, ni vererer, ne de me ipso aliquid viderer queri. Sed tamen videmus, quibus exstinctis oratoribus quam in paucis spes, quanto in paucioribus facultas, quam in multis sit audacia. Cum autem omnes non possint, ne multi quidem, aut iuris periti esse aut diserti, licet tamen opera prodesse multis beneficia petentem, commendantem iudicibus, magistratibus, vigilantem pro re alterius, eos ipsos, qui aut consuluntur aut defendunt, rogantem; quod qui faciunt, plurimum gratiae consequuntur, latissimeque eorum manat industria.

[68] Iam illud non sunt admonendi (est enim in promptu), ut animadvertant, cum iuvare alios velint, ne quos offendant. Saepe enim aut eos laedunt, quos non debent, aut eos, quos non expedit; si imprudentes, neglegentiae est, si scientes, temeritatis. Utendum etiam est excusatione adversus eos, quos invitus offendas, quacumque possis, quare id, quod feceris, necesse fuerit nec aliter facere potueris, ceterisque aperis et officiis erit id, quod violatum videbitur, compensandum.

[69] 20 Sed cum in hominibus iuvandis aut mores spectari aut fortuna soleat, dictu quidem est proclive, itaque volgo loquuntur, se in beneficiis collocandis mores hominum, non fortunam sequi. Honesta oratio est; sed quis est tandem, qui inopis et optimi viri causae non anteponat in opera danda gratiam fortunati et potentis? a quo enim expeditior et celerior remuneratio fore videtur, in eum fere est voluntas nostra propensior. Sed animadvertendum est diligentius, quae natura rerum sit. Nimirum enim inops ille, si bonus est vir, etiamsi referre gratiam non potest, habere certe potest. Commode autem, quicumque dixit, pecuniam qui habeat, non reddidisse, qui reddiderit, non habere, gratiam autem et, qui rettulerit, habere et, qui habeat, rettulisse.

At qui se locupletes, honoratos, beatos putant, ii ne obligari quidem beneficio volunt; quin etiam beneficium se dedisse arbitrantur, cum ipsi quamvis magnum aliquod acceperint, atque etiam a se aut postulari aut exspectari aliquid suspicantur, patrocinio vero se usos aut clientes appellari mortis instar putant.

[70] At vero ille tenuis, cum, quicquid factum sit, se spectatum, non fortunam putet, non modo illi, qui est meritus, sed etiam illis, a quibus exspectat (eget enim multis), gratum se videri studet neque vero verbis auget suum munus, si quo forte fungitur, sed etiam extenuat. Videndumque illud est, quod, si opulentum fortunatumque defenderis, in uno illo aut, si forte, in liberis eius manet gratia; sin autem inopem, probum tamen et modestum, omnes non improbi humiles, quae magna in populo multitudo est, praesidium sibi paratum vident.

[71] Quam ob rem melius apud bonos quam apud fortunatos beneficium collocari puto.

Danda omnino opera est, ut omni generi satis facere possimus; sed si res in contentionem veniet, nimirum Themistocles est auctor adhibendus; qui cum consuleretur, utrum bono viro pauperi an minus probato diviti filiam collocaret: Ego vero, inquit, malo virum, qui pecunia egeat, quam pecuniam, quae viro. Sed corrupti mores depravatique sunt admiratione divitiarum; quarum magnitudo quid ad unum quemque nostrum pertinet? Illum fortasse adiuvat, qui habet. Ne id quidem semper; sed fac iuvare; utentior sane sit, honestior vero quo modo? Quodsi etiam bonus erit vir, ne impediant divitiae, quo minus iuvetur, modo ne adiuvent, sitque omne iudicium, non quam locuples, sed qualis quisque sit!

Extremum autem praeceptum in beneficiis operaque danda, ne quid contra aequitatem contendas, ne quid pro iniuria; fundamentum enim est perpetuae commendationis et famae iustitia, sine qua nihil potest esse laudabile.

[72] 21 Sed, quoniam de eo genere beneficiorum dictum est, quae ad singulos spectant, deinceps de iis, quae ad universos quaeque ad rem publicam pertinent, disputandum est. Eorum autem ipsorum partim eius modi sunt, ut ad universos cives pertineant, partim, singulos ut attingant; quae sunt etiam gratiora. Danda opera est omnino, si possit, utrisque, nec minus, ut etiam singulis consulatur, sed ita, ut ea res aut prosit aut certe ne obsit rei publicae. C. Gracchi frumentaria magna largitio; exhauriebat igitur aerarium; modica M. Octavi et rei publicae tolerabilis et plebi necessaria; ergo et civibus et rei publicae salutaris.

[73] In primis autem videndum erit ei, qui rem publicam administrabit, ut suum quisque teneat neque de bonis privatorum publice deminutio fiat. Perniciose enim Philippus, in tribunatu cum legem agrariam ferret, quam tamen antiquari facile passus est et in eo vehementer se moderatum praebuit—sed cum in agendo multa populariter, tum illud male, non esse in civitate duo milia hominum, qui rem baberent. Capitalis oratio est, ad aequationem bonorum pertinens; qua peste quae potest esse maior? Hanc enim ob causam maxime, ut sua tenerentur, res publicae civitatesque constitutae sunt. Nam, etsi duce natura congregabantur hominess, tamen spe custodiae rerum suarum urbium praesidia quaerebant.

[74] Danda etiam opera est, ne, quod apud maiores nostros saepe fiebat propter aerarii tenuitatem assiduitatemque bellorum, tributum sit conferendum, idque ne eveniat, multo ante erit providendum. Sin quae necessitas huius muneris alicui rei publicae obvenerit (malo enim quam nostrae ominari; neque tamen de nostra, sed de omni re publica disputo), danda erit opera, ut omnes intellegant, si salvi esse velint, necessitati esse parendum. Atque etiam omnes, qui rem publicam gubernabunt, consulere debebunt, ut earum rerum copia sit, quae sunt necessariae. Quarum qualis comparatio fieri soleat et debeat, non est necesse disputare; est enim in promptu; tantum locus attingendus fuit.

[75] Caput autem est in omni procuratione negotii et muneris publici, ut avaritiae pellatur etiam minima suspicio. Utinam, inquit C. Pontius Samnis, ad illa tempora me fortuna reservavisset et tum essem natus, quando Romani dona accipere coepissent! non essem passus diutius eos imperare. Ne illi multa saecula exspectanda fuerunt; modo enim hoc malum in hanc rem publicam invasit. Itaque facile patior tum potius Pontium fuisse, siquidem in illo tantum fuit roboris. Nondum centum et decem anni sunt, cum de pecuniis repetundis a L. Pisone lata lex est, nulla antea cum fuisset. At vero postea tot leges et proximae quaeque duriores, tot rei, tot damnati, tantum Italicum bellum propter iudiciorum metum excitatum, tanta sublatis legibus et iudiciis expilatio direptioque sociorum, ut imbecillitate aliorum, non nostra virtute valeamus.

[76] 22 Laudat Africanum Panaetius, quod fuerit abstinens. Quidni laudet? Sed in illo alia maiora; laus abstinentiae non hominis est solum, sed etiam temporum illorum. Omni Macedonum gaza, quae fuit maxima, potitus est Paulus tantum in aerarium pecuniae invexit, ut unius imperatoris praeda finem attulerit tributorum. At hic nihil domum suam intulit praeter memoriam nominis sempiternam. Imitatus patrem Africanus nihilo locupletior Carthagine eversa. Quid? qui eius collega fuit in censura. L. Mummius, numquid copiosior, cum copiosissimam urbem funditus sustulisset? Italiam ornare quam domum suam maluit; quamquam Italia ornata domus ipsa mihi videtur ornatior.

[77] Nullum igitur vitium taetrius est, ut eo, unde egressa est, referat se oratio, quam avaritia, praesertim in principibus et rem publicam gubernantibus. Habere enim quaestui rem publicam non modo turpe est, sed sceleratum etiam et nefarium. Itaque, quod Apollo Pythius oraclum edidit, Spartam nulla re alia nisi avaritia esse perituram, id videtur non solum Lacedaemoniis, sed etiam omnibus opulentis populis praedixisse. Nulla autem re conciliare facilius benivolentiam multitudinis possunt ii, qui rei publicae praesunt, quam abstinentia et continentia.

[78] Qui vero se populares volunt ob eamque causam aut agrariam rem temptant, ut possessores pellantur suis sedibus, aut pecunias creditas debitoribus condonandas putant, labefactant fundamenta rei publicae, concordiam primum, quae esse non potest, cum aliis adimuntur, aliis condonantur pecuniae, deinde aequitatem, quae tollitur omnis, si habere suum cuique non licet. Id enim est proprium, ut supra dixi, civitatis atque urbis, ut sit libera et non sollicita suae rei cuiusque custodia.

[79] Atque in hac pernicie rei publicae ne illam quidem consequuntur, quam putant, gratiam; nam cui res erepta est, est inimicus, cui data est, etiam dissimulat se accipere voluisse et maxime in pecuniis creditis occultat suum gaudium, ne videatur non fuisse solvendo; at vero ille, qui accepit iniuriam, et meminit et prae se fert dolorem suum, nec, si plures sunt ii, quibus inprobe datum est, quam illi, quibus iniuste ademptum est, idcirco plus etiam valent; non enim numero haec iudicantur, sed pondere. Quam autem habet aequitatem, ut agrum multis annis aut etiam saeculis ante possessum, qui nullum habuit, habeat, qui autem habuit, amittat?

[80] 23 Ac propter hoc iniuriae genus Lacedaemonii Lysandrum ephorum expulerunt, Agim regem, quod numquam antea apud eos acciderat, necaverunt, exque eo tempore tantae discordiae secutae sunt, ut et tyranni exsisterent et optimates exterminarentur et praeclarissime constituta res publica dilaberetur; nec vero solum ipsa cecidit, sed etiam reliquam Graeciam evertit contagionibus malorum, quae a Lacedaemoniis profectae manarunt latius. Quid? nostros Gracchos, Ti. Gracchi summi viri filios, Africani nepotes, nonne agrariae contentiones perdiderunt?

[81] At vero Aratus Sicyonius iure laudatur, qui, cum eius civitas quinquaginta annos a tyrannis teneretur, profectus Argis Sicyonem clandestine introitu urbe est potitus, cumque tyrannum Nicoclem improviso oppressisset, sescentos exsules, qui locupletissimi fuerant eius civitatis, restituit remque publicam adventu suo liberavit. Sed cum magnam animadverteret in bonis et possessionibus difficultatem, quod et eos, quos ipse restituerat, quorum bona alii possederant, egere iniquissimum esse arbitrabatur et quinquaginta annorum possessiones moveri non nimis aequum putabat, propterea quod tam longo spatio multa hereditatibus, multa emptionibus, multa dotibus tenebantur sine iniuria, iudicavit neque illis adimi nec iis non satis fieri, quorum illa fuerant, oportere.

[82] Cum igitur statuisset opus esse ad eam rem constituendam pecunia, Alexandream se proficisci velle dixit remque integram ad reditum suum iussit esse, isque celeriter ad Ptolomaeum, suum hospitem, venit, qui tum regnabat alter post Alexandream conditam. Cui cum exposuisset patriam se liberare velle causamque docuisset, a rege opulento vir summus facile impetravit, ut grandi pecunia adiuvaretur. Quam cum Sicyonem attulisset, adhibuit sibi in consilium quindecim principes, cum quibus causas cognovit et eorum, qui aliena tenebant, et eorum, qui sua amiserant, perfecitque aestimandis possessionibus, ut persuaderet aliis, ut pecuniam accipere mallent, possessionibus cederent, aliis, ut commodius putarent numerari sibi, quod tanti esset, quam suum recuperare. Ita perfectum est, ut omnes concordia constituta sine querella discederent.

[83] O virum magnum dignumque, qui in re publica nostra natus esset! Sic par est agere cum civibus, non, ut bis iam vidimus, hastam in foro ponere et bona civium voci subicere praeconis. At ille Graecus, id quod fuit sapientis et praestantis viri, omnibus consulendum putavit, eaque est summa ratio et sapientia boni civis, commoda civium non divellere atque omnis aequitate eadem continere. Habitent gratis in alieno. Quid ita? ut, cum ego emerim, aedificarim, tuear, impendam, tu me invito fruare meo? Quid est aliud aliis sua eripere, aliis dare aliena?

[84] Tabulae vero novae quid habent argumenti, nisi ut emas mea pecunia fundum, eum tu habeas, ego non habeam pecuniam?

24 Quam ob rem ne sit aes alienum, quod rei publicae noceat, providendum est, quod multis rationibus caveri potest, non, si fuerit, ut locupletes suum perdant, debitores lucrentur alienum; nec enim ulla res vehementius rem publicam continet quam fides, quae esse nulla potest, nisi erit necessaria solutio rerum creditarum. Numquam vehementius actum est quam me consule, ne solveretur; armis et castris temptata res est ab omni genere hominum et ordine; quibus ita restiti, ut hoc totum malum de re publica tolleretur. Numquam nec maius aes alienum fuit nec melius nec facilius dissolutum est; fraudandi enim spe sublata solvendi necessitas consecuta est. At vero hic nunc victor, tum quidem victus, quae cogitarat, ea perfecit, cum eius iam nihil interesset. Tanta in eo peccandi libido fuit, ut hoc ipsum eum delectaret, peccare, etiamsi causa non esset.

[85] Ab hoc igitur genere largitionis, ut aliis detur, aliis auferatur, aberunt ii, qui rem publicam tuebuntur, in primisque operam dabunt, ut iuris et iudiciorum aequitate suum quisque teneat et neque tenuiores propter humilitatem circumveniantur neque locupletibus ad sua vel tenenda vel recuperanda obsit invidia, praeterea, quibuscumque rebus vel belli vel domi poterunt, rem publicam augeant imperio, agris, vectigalibus.

Haec magnorum hominum sunt, haec apud maiores nostros factitata, haec genera officiorum qui persequentur, cum summa utilitate rei publicae magnam ipsi adipiscentur et gratiam et gloriam.

[86] In his autem utilitatum praeceptis Antipater Tyrius Stoicus, qui Athenis nuper est mortuus, duo praeterita censet esse a Panaetio, valetudinis curationem et pecuniae; quas res a summo philosopho praeteritas arbitror, quod essent faciles; sunt certe utiles. Sed valetudo sustentatur notitia sui corporis et observatione, quae res aut prodesse soleant aut obesse, et continentia in victu omni atque cultu corporis tuendi causa praetermittendis voluptatibus, postremo arte eorum, quorum ad scientiam haec pertinent.

[87] Res autem famniliaris quaeri debet iis rebus, a quibus abest turpitude, conservari autem diligentia et parsimonia, eisdem etiam rebus augeri. Has res commodissime Xenophon Socraticus persecutus est in eo libro, qui Oeconomicus inscribitur, quem nos, ista fere aetate cum essemus, qua es tu nunc, e Graeco in Latinum convertimus. Sed toto hoc de genere, de quaerenda, de collocanda pecunia (vellem etiam de utenda), commodius a quibusdam optimis viris ad Ianum medium sedentibus quam ab ullis philosophis ulla in schola disputatur. Sunt tamen ea cognoscenda; pertinent enim ad utilitatem, de qua hoc libro disputatum est.

[88] 25 Sed utilitatum comparatio, quoniam hic locus erat quartus, a Panaetio praetermissus, saepe est necessaria. Nam et corporis commoda cum externis et externa cum corporis et ipsa inter se corporis et externa cum externis comparari solent. Cum externis corporis hoc modo comparantur, valere ut malis quam dives esse, cum corporis externa hoc modo, dives esse potius quam maximis corporis viribus, ipsa inter se corporis sic, ut bona valetudo voluptati anteponatur, vires celeritati, externorum autem, ut gloria divitiis, vectigalia urbana rusticis.

[89] Ex quo genere comparationis illud est Catonis senis: a quo cum quaereretur, quid maxime in re familiari expediret, respondit: Bene pascere; quid secundum: Satis bene pascere; quid tertium: Male pascere; quid quartum: Arare; et cum ille, qui quaesierat, dixisset: Quid faenerari?, tum Cato: Quid hominem, inquit, occidere?

Ex quo et multis aliis intellegi debet utilitatum comparationes fieri solere, recteque hoc adiunctum esse quartum exquirendorum officiorum genus.

Reliqua deinceps persequemur.

Notes on the current edition

De Officiis

1. Statement of subject.

2. Why Cicero wrote on philosophy.

3. Such as Pompey, Cato, Hortensius, and Piso.

4. Why philosophy is worth while.

5. Position of the New Academy.

6. Aristotle and Theophrastus.

7. Expediency and Moral Rectitude identical.

8. That is, they make a false distinction between (1) moral rectitude that is at the same time expedient; (2) moral rectitude that is (apparently) not expedient; and (3) the expedient that is (apparently) not morally right.

9. Classification of expedients.

10. Necessity of man's helpfulness to man.

11. Mutual helpfulness the key to civilization.

12. Man's hurtfulness to man.

13. Co-operation and the virtues.

14. Co-operation vs. Fortune.

15. How men are led to promote another's interests.

16. The motive of love vs. that of fear.

17. Julius Caesar.

18. Hatred of tyranny.

19. The wretchedness of fear.

20. The old Republic and the new despotism.

21. The Romans were accustomed to set up a spear as a sign of an auction-sale—a symbol derived from the sale of booty taken in war.

22. The wages of the sin of Rome

23. The acquisition of friends.

24. The attainment of glory.

25. Now lost, though they were still known to Petrarch.

26. How to gain popularity:

27. (1) through good-will,

28. Cicero means by

kind services

the services of the lawyer; he was forbidden by law to accept a fee; his services, if he contributed them, were

acts of kindness.

29. (2) through confidence.

30. Justice vs. Wisdom;

31. (3) through esteem and admiration.

32. Justice is the best way to popularity.

33. Honour among thieves.

34. Kings chosen for the sake of justice.

35. The way to glory is Justice.

36. Ways of winning a good name:

37. (1) by a military career,

38. (2) by personal character,

39. (3) by association with the great,

40. At the age of 21 Crassus conducted the case against Gaius Papirius Carbo, a former supporter of the Gracchi. The prosecution was so ably conducted that Carbo committed suicide to escape certain condemnation.

41. (4) by eloquence.

42. Prosecution vs. defence.

43. A

capital charge

meant to the Roman a charge endangering a person's caput, or civil status. A conviction on such a charge resulted in his civil degradation and the loss of his privileges as a Roman citizen.

44. Spare the innocent; defend the guilty.

45. Generosity of two kinds:

46. (1) gifts of money,

47. Julius Caesar was a striking example of this.

48. Cicero evidently had in mind such instances as Sulla, Caesar, Antony, and Catiline— alieni appetens, sui profusus (Sall., Cat. V).

49. Extravagant waste of the public games.

50. Magnificent entertainments expected of an aedile.

51. Justification of such extravagance.

52. The as was a copper coin worth somewhat less than a penny. Selling grain to the people at such a price was practically giving it away to purchase their good-will.

53. The golden mean is best.

54. The saving clause is added, because Cicero never filled the office of Censor.

55. Lavish expenditure on public works.

56. General rules of beneficence.

57. Another expression of beneficence is hospitality.

58. (2) personal service.

59. Acts of kindness and personal service mean to Cicero throughout this discussion the services of the lawyer, which were voluntary and gratis.

60. The profession of the law.

61. This eminent jurist was Servius Sulpicius Lemonia Rufus, a close friend of Cicero, author of the well-known letter of condolence to Cicero on the death of his daughter Tullia.

62. Eloquence at the bar.

63. The decline of eloquence.

64. A warning to eloquence.

65. The basis for personal service is character not fortune.

66. The poor man's gratitude.

67. Wealth no inducement nor a bar to personal service.

68. Service to the state through personal service to individuals.

69. The statesman's duty toward (1) property rights,

70. (2) taxation,

71. (3) necessities o life,

72. (4) Official integrity.

73. The Italian or Social War, B.C. 100–88.

74. During the dictatorships of Sulla and Caesar.

75. Nearly two million pounds sterling.

76. Integrity vs. avarice.

77. The menace of agrarian laws.

78. Instances of agrarian legislation.

79. Aratus of Sicyon.

80. Justice the corner-stone of statecraft.

81. An assumed appeal to one of Caesar's edicts.

82. Economics of debts.

83. Caesar, it seems, had had some part in the schemes of Catiline in B.C. 63 and possibly in the plot of B.C. 66–65. When his conquests in Gaul had freed him from his debts and made him rich, his party, with his consent, passed (B.C. 49) the obnoxious legislation here referred to—that all interest in arrears should be remitted, and that that which had been paid should be deducted from the principal.

84. Administration of the courts in equity

85. Sanitation.

86. Finance.

87. Comparison of expediencies.

M. Tullius Cicero De Officiis 2

Walter Miller (Translator)