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THE HISTORY OF ORATORY BEFORE CICERO.

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As the spiritual life of a people is reflected in their poetry, so their living voice is heard in their oratory. Oratory is the child of freedom. Under the despotisms of the East it could have no existence; under every despotism it withers. The more truly free a nation is, the greater will its oratory be. In no country was there a grander field for the growth of oratorical genius than in Rome. The two countries that approach nearest to it in this respect are beyond doubt Athens and England. In both eloquence has attained its loftiest height, in the one of popular, in the other of patrician excellence. The eloquence of Demosthenes is popular in the noblest sense. It is addressed to a sovereign people who knew that they were sovereign. Neither to deliberative nor to executive did they for a moment delegate that supreme power which it delighted them to exercise. He that had a measure or a bill to propose had only to persuade them that it was good, and the measure passed, the bill became law. But the audience he addressed, though a popular, was by no means an ordinary one. It was fickle and capricious to a degree exceeding that of all other popular assemblies; it was critical, exacting, intellectual, in a still higher degree. No audience has been more swayed by passion; none has been less swayed by the pretence of it. Always accessible to flattery, Athens counts as her two greatest orators the two men who never stooped to flatter her. The regal tones of Pericles, the prophetic earnestness of Demosthenes, in the response which each met, bear witness to the greatness of those who heard them. Even Cleon owed his greatest triumphs to the plainness with which he inveighed against the people's faults. Intolerant of inelegance and bombast, the Athenians required not only graceful speech, but speech to the point. Hence Demosthenes is of all ancient orators the most business-like. Of all ancient orators, it has been truly said he would have met with the best hearing from the House of Commons. Nevertheless there is a great difference between Athenian and English eloquence. The former was exclusively popular; the latter, in the strictest sense, is hardly popular at all. The dignified representatives of our lower house need no such appeals to popular passion as the Athenian assembly required; only on questions of patriotism or principle would they be tolerated. Still less does emotion govern the sedate and masculine eloquence of our upper house, or the strict and closely-reasoned pleadings of our courts of law. Its proper field is in the addresses of a popular member to one of the great city constituencies. The best speeches addressed to hereditary legislators or to elected representatives necessarily involve different features from those which characterised orations addressed directly to the entire nation assembled in one place. If oratory has lost in fire, it has gained in argument. In its political sphere, it shows a clearer grasp of the public interest, a more tenacious restriction to practical issues; in its judicial sphere, a more complete abandonment of prejudice and passion, and a subordination, immeasurably greater than at Athens, to the authority of written law.

Let us now compare the general features of Greek and English eloquence with those of Rome. Roman eloquence had this in common with Greek, that it was genuinely popular. In their comitia the people were supreme. The orator who addressed them must be one who by passion could enkindle passion, and guide for his own ends the impulses of a vast multitude. But how different was the multitude! Fickle, impressionable, vain; patriotic too in its way, and not without a rough idea of justice. So far like that of Greece; but here the resemblance ends. The mob of Rome, for in the times of real popular eloquence it had come to that, was rude, fierce, bloodthirsty: where Athens called for grace of speech, Rome demanded vehemence; where Athens looked for glory or freedom, Rome looked for increase of dominion, and the wealth of conquered kingdoms for her spoil. That in spite of their fierce and turbulent audience the great Roman orators attained to such impressive grandeur, is a testimony to the greatness of the senatorial system which reared them. In some respects the eloquence of Rome bears greater resemblance to that of England. For several centuries it was chiefly senatorial. The people intrusted their powers to the Senate, satisfied that it acted for the best; and during this period eloquence was matured. That special quality, so well named by the Romans gravitas, which at Athens was never reached, but which has again appeared in England, owed its development to the august discipline of the Senate. Well might Cineas call this body an assembly of kings. Never have patriotism, tradition, order, expediency, been so powerfully represented as there; never have change, passion, or fear had so little place. We can well believe that every effective speech began with the words, so familiar to us, maiores nostri voluerunt, and that it ended as it had begun. The aristocratic stamp necessarily impressed on the debates of such an assembly naturally recalls our own House of Lords. But the freedom of personal invective was far wider than modern courtesy would tolerate. And, moreover, the competency of the Senate to decide questions of peace or war threw into its discussions that strong party spirit which is characteristic of our Lower House. Thus the senatorial oratory of Rome united the characteristics of that of both our chambers. It was at once majestic and vehement, patriotic and personal, proud of traditionary prestige, but animated with the consciousness of real power.

In judicial oratory the Romans, like the Greeks, compare unfavourably with us. With more eloquence they had less justice. Nothing sets antiquity in a less prepossessing light than a study of its criminal trials; nothing seems to have been less attainable in these than an impartial sifting of evidence. The point of law is obscured among overwhelming considerations from outside. If a man is clearly innocent, as in the case of Roscius, the enmity of the great makes it a severe labour to obtain an acquittal; if he is as clearly guilty (as Cluentius would seem to have been), a skilful use of party weapons can prevent a conviction. [1] The judices in the public trials (which must be distinguished from civil causes tried in the praetor's court) were at first taken exclusively from the senators. Gracchus (122 B.C.) transferred this privilege to the Equites; and until the time of Sulla, who once more reinstated the senatorial class (81 B.C.), fierce contests raged between the two orders. Pompey (55 B.C.), following an enactment of Cotta (70 B.C.), threw the office open to the three orders of Senators, Knights, and Tribuni Aerarii, but fixed a high property qualification. Augustus added a fourth decuria from the lower classes, and Caligula a fifth, so that Quintilian could speak of a juryman as ordinarily a man of little intelligence and no legal or general knowledge. [2]

This would be of comparatively small importance if a presiding judge of lofty qualifications guided, as with us, the minds of the jury through the mazes of argument and sophistry, and set the real issue plainly before them. But in Rome no such prerogative rested with the presiding judge, [3] who merely saw that the provisions of the law under which the trial took place were complied with. The judges, or rather jurors, were, in Rome as in Athens, [4] both from their number and their divergent interests, open to influences of prejudice or corruption, only too often unscrupulously employed, from which our system is altogether exempt. In the later republican period it was not, of course, ignorance (the jurors being senators or equites) but bribery or partisanship that disgraced the decisions of the bench. Senator and eques unceasingly accused each other of venality, and each was beyond doubt right in the charge he made. [5] In circumstances like these it is evident that dexterous manipulation or passionate pleading must take the place of legitimate forensic oratory. Magnificent, therefore, as are the efforts of the great speakers in this field, and nobly as they often rise above the corrupt practice of their time, it is impossible to shut our eyes to the iniquities of the procedure, and to help regretting that talent so glorious was so often compelled either to fail or to resort to unworthy methods of success.

At Rome public speaking prevailed from the first. In every department of life it was necessary for a man to express in clear and vigorous language the views he recommended. Not only the senator or magistrate, but the general on the field of battle had to be a speaker. On his return from the campaign eloquence became to him what strategy had been before. It was the great path to civil honours, and success was not to be won without it. There is little doubt that the Romans struck out a vein of strong native eloquence before the introduction of Greek letters. Readiness of speech is innate in the Italians as in the French, and the other qualities of the Romans contributed to enhance this natural gift. Few remains of this native oratory are left, too few to judge by. We must form our opinion upon that of Cicero, who, basing his judgment on its acknowledged political effects, pronounces strongly in its favour. The measures of Brutus, of Valerius Poplicola, and others, testify to their skill in oratory; [6] and the great honour in which the orator was always held, [7] contrasting with the low position accorded to the poet, must have produced its natural result. But though the practice of oratory was cultivated it was not reduced to an art. Technical treatises were the work of Greeks, and Romans under Greek influence. In the early period the "spoken word" was all-important. Even the writing down of speeches after delivery was rarely, if ever, resorted to. The first known instance occurs so late as the war with Pyrrhus, 280 B.C., when the old censor Appius committed his speech to writing, which Cicero says that he had read. The only exception to this rule seems to have been the funeral orations, which may have been written from the first, but were rarely published owing to the youth of those who delivered them. The aspirant to public honours generally began his career by composing such an oration, though in later times a public accusation was a more favourite début. Besides Appius's; speech, we hear of one by FABIUS CUNCTATOR, and of another by Metellus, and we learn from Ennius that in the second Punic war (204 B.C.) M. CORNELIUS CETHEGUS obtained the highest renown for his persuasive eloquence.

"Additur orator Cornelius suaviloquenti

Ore Cethegus … is dictus popularibus olim …

Flos delibatus populi Suadaeque medulla." [8]

The first name on which we can pronounce with confidence is that of Cato. This great man was the first orator as he was the greatest statesman of his time. Cicero [9] praises him as dignified in commendation, pitiless in sarcasm, pointed in phraseology, subtle in argument. Of the 150 speeches extant in Cicero's time there was not one that was not stocked with brilliant and pithy sayings; and though perhaps they read better in the shape of extracts, still all the excellences of oratory were found in them as a whole; and yet no one could be found to study them. Perhaps Cicero's language betrays the warmth of personal admiration, especially as in a later passage of the same dialogue [10] he makes Atticus dissent altogether from his own view. "I highly approve (he says) of the speeches of Cato as compared with those of his own date, for though quite unpolished they imply some original talent … but to speak of him as an orator equal to Lysias would indeed be pardonable irony if we were in jest, but you cannot expect to approve it seriously to me and Brutus." No doubt Atticus's judgment is based on too high a standard, for high finish was impossible in the then state of the language. Still Cato wrote probably in a designedly rude style through his horror of Greek affectation. He is reported to have said in his old age (150 B.C.), "Caussurum illustrium quascunque defendi nunc cum maxime conficio orationes," [11] and these written speeches were no doubt improvements on those actually delivered, especially as Valerius Maximus says of his literary labours, [12] "Cato Graecis literis erudiri concupivit, quam sero inde cognoscimus quod etiam Latinas paene iam senex didicerit." His eloquence extended to every sort; he was a successful patronus in many private trials; he was a noted and most formidable accuser; in public trials we find him continually defending himself, and always with success; as the advocate or opponent of great political measures in the senate or assembly he was at his greatest. Many titles of deliberative speeches remain, e.g. "de rege Attalo et vectigalibus Asiae," "ut plura aera equestria fierent," "aediles plebis sacrosanctos esse," "de dote" (an attack upon the luxury of women), and others. His chief characteristics were condensed force, pregnant brevity, strong common sense, galling asperity. His orations were neglected for near a century, but in the Claudian era began to be studied, and were the subjects of commentary until the time of Servius, who speaks of his periods as ill-balanced and unrhythmical (confragosa). [13] There is a most caustic fragment preserved in Fronto [14] taken from the speech de sumptu suo, recapitulating his benefits to the state, and the ingratitude of those who had profited by them; and another from his speech against Minucius Thermus, who had scourged ten men for some trivial offence [15] which in its sarcasm, its vivid and yet redundant language, recalls the manner of Cicero.

In Cato's time we hear of SER. FULVIUS and L. COTTA, SCIPIO AFRICANUS and SULPICIUS GALLUS, all of whom were good though not first-rate speakers. A little later LAELIUS and the younger SCIPIO (185–129 B.C.), whose speeches were extant in the time of Cicero [16] and their contemporaries, followed Cato's example and wrote down what they had delivered. It is not clear whether their motive was literary or political, but more probably the latter, as party feeling was so high at Rome that a powerful speech might do good work afterwards as a pamphlet. [17] From the passages of Scipio Aemilianus which we possess, we gather that he strove to base his style on Greek models. In one we find an elaborate dilemma, with a taunting question repeated after each deduction; in another we find Greek terms contemptuously introduced much as they are centuries after in Juvenal; in another we have a truly patrician epigram. Being asked his opinion about the death of Gracchus, and replying that the act was a righteous one, the people raised a shout of defiance—Taceant, inquit, quibus Italia noverca non mater est, quos ego sub corona vendidi—"Be silent, you to whom Italy is a stepdame not a mother, whom I myself have sold at the hammer of the auctioneer."

Laelius, surnamed Sapiens, or the philosopher (cons. 140), is well known to readers of Cicero as the chief speaker in the exquisite dialogue on friendship, and to readers of Horace as the friend of Scipio and Lucilius. [18] Of his relative excellence as an orator, Cicero speaks with caution. [19] He mentions the popular preference for Laelius, but apparently his own judgment inclines the other way. "It is the manner of men to dislike one man excelling in many things. Now, as Africanus has no rival in martial renown, though Laelius gained credit by his conduct of the war with Viriathus, so as regards genius, learning, eloquence, and wisdom, though both are put in the first rank, yet all men are willing to place Laelius above Scipio." It is certain that Laelius's style was much less natural than that of Scipio. He affected an archaic vocabulary and an absence of ornament, which, however, was a habit too congenial at all times to the Roman mind to call down any severe disapproval. What Laelius lacked was force. On one occasion a murder had been committed in the forest of Sila, which the consuls were ordered to investigate. A company of pitch manufacturers were accused, and Laelius undertook their defence. At its conclusion the consuls decided on a second hearing. A few days after Laelius again pleaded, and this time with an elegance and completeness that left nothing to be desired. Still the consuls were dissatisfied. On the accused begging Laelius to make a third speech, he replied: "Out of consideration for you I have done my best. You should now go to Ser. Galba, who can defend you with greater warmth and vehemence than I." Galba, from respect to Laelius, was unwilling to undertake the case; but, having finally agreed, he spent the short time that was left in getting it by heart, retiring into a vaulted chamber with some highly educated slaves, and remaining at work till after the consuls had taken their seat. Being sent for he at last came out, and, as Rutilius the narrator and eye-witness declared, with such a heightened colour and triumph in his eyes that he looked like one who had already won his cause. Laelius himself was present. The advocate spoke with such force and weight that scarcely an argument passed unapplauded. Not only were the accused released, but they met on all hands with sympathy and compassion. Cicero adds that the slaves who had helped in the consultation came out of it covered with bruises, such was the vigour of body as well as mind that a Roman brought to bear on his case, and on the unfortunate instruments of its preparation. [20]

GALBA (180–136 B.C.?) was a man of violence and bad faith, not for a moment to be compared to Laelius. His infamous cruelty to the Lusitanians, one of the darkest acts in all history, has covered his name with an ineffaceable stain. Cato at eighty-five years of age stood forth as his accuser, but owing to his specious art, and to the disgrace of Rome, he was acquitted. [21] Cicero speaks of him as peringeniosus sed non satis doctus, and says that he lacked perseverance to improve his speeches from a literary point of view, being contented with forensic success. Yet he was the first to apply the right sort of treatment to oratorical art; he introduced digressions for ornament, for pathos, for information; but as he never re-wrote his speeches, they remained unfinished, and were soon forgotten—Hanc igitur ob caussum videtur Laelii mens spirare etiam in scriptis, Galbae autem vis occidisse.

Laelius had embodied in his speeches many of the precepts of the Stoic philosophy. He had been a friend of the celebrated Panaetius (186–126 B.C.) of Rhodes, to whose lectures he sent his own son-in-law, and apparently others too. Eloquence now began to borrow philosophic conceptions; it was no longer merely practical, but admitted of illustration from various theoretical sources. It became the ambition of cultivated men to fuse enlightened ideas into the substance of their oratory. Instances of this are found in SP. MUMMIUS, AEMILIUS LEPIDUS, C. FANNIUS, and the Augur MUCIUS SCAEVOLA, and perhaps, though it is difficult to say, in Carbo and the two Gracchi. These are the next names that claim our notice.

The History of Roman Literature

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