Divinatio in Q. Caecilium

Cicero, Marcus Tullius

Cicero. The Orations of Marcus Tullius Cicero, Volume 1. Yonge, Charles Duke, translator. London: Bell, 1903.

I, who as all men know, am so much concerned in the forum and the courts of justice, that there is no one of the same age, or very few, who have defended more causes, and who spend all my time which can be spared from the business of my friends in these studies and labours, in order that I may be more prepared for forensic practice and more ready at it, yet, (may the gods be favourable to me as I am saying what is true!) whenever the thought occurs to me of the day when the defendant having been summoned, I have to speak, I am not only agitated in my mind, but a shudder runs over my whole body.

Even now I am surveying in my mind and thoughts what party spirit will be shown by men; what throngs of men will meet; how great an expectation the importance of the trial will excite; how greet a multitude of hearers the infamy of Caius Verres will collect; how great an audience for my speech his wickedness will draw together And when I think of these things, even now I am afraid as to what I shall be able to say suitable to the hatred men bear him who are inimical and hostile to him, and worthy of the expectation which all men will form, and of the importance of the case.

Do you fear nothing, do you think of nothing are you anxious about nothing of all this? Or if from some old speech you have been able to learn, “I entreat the mighty and beneficent Jupiter,” or, “I wish it were possible, O judges,” or something of the sort, do you think that you shall come before the court in an admirable state of preparation?

And, even if no one were to answer you, yet you would not, as I think, be able to state and prove even the cause itself. Do you now never give it a thought, that you will have a contest with a most eloquent man, and one in a perfect state of preparation for speaking, with whom you will at one time have to argue, and at another time to strive and contend against him with all your might? Whose abilities indeed I praise greatly, but not so as to be afraid of them, and think highly of, thinking however at the same time that I am more easily to be pleased by them than cajoled by them. He will never put me down by his acuteness; he will never put me out of countenance by any artifice; he will never attempt to upset and dispirit me by displays of his genius. I know all the modes of attack and every system of speaking the man has. We have often been employed on the same, often on opposite sides. Ingenious as he is, he will plead against me as if he were aware that his own ability is to same extent put on its trial.

But as for you, O Caecilius, I think that I see already how he will play with you, how he will bandy you about; how often he will give you power and option of choosing which alternative you please,—whether a thing were done or not, whether a thing be true or false; and whichever side you take will be contrary to your interest. What a heat you will be in, what bewilderment! what darkness, O ye immortal gods! will overwhelm the man, free from malice as he is. What will you do when he begins to divide the different counts of your accusation, and to arrange on his fingers each separate division of the cause? What will you do when he begins to deal with each argument, to disentangle it, to get rid of it? You yourself in truth will begin to be afraid lest you have brought an innocent man into danger.

What will you do when he begins to pity his client, to complain, and to take off some of his unpopularity from him and transfer it to you? to speak of the close connection necessarily subsisting between the quaestor and the praetor? of the custom of the ancients? of the holy nature of the connection between those to whom the same province was by lot appointed? Will you be able to encounter the odium such a speech will excite against you? Think a moment; consider again and again. For there seems to me to be danger of his overwhelming you not with words only, but of his blunting the edge of your genius by the mere gestures and motions of his body, and so distracting you and leading you away from every previous thought and purpose.

And I see that the trial of this will be immediate; for if you are able today to answer me and these things which I am saying; if you even depart one word from that book which some elocution-master or other has given you, made up of other men's speeches; I shall think that you are able to speak, and that you are not unequal to that trial also, and that you will be able to do justice to the cause and to the duty you undertake. But if in this preliminary skirmish with me you turn out nothing, what can we suppose you will be in the contest itself against a most active adversary? Be it so; he is nothing himself, he has no ability; but he comes prepared with well-trained and eloquent supporters. And this too is something, though it is not enough; for in all things he who is the chief person to act, ought to be the most accomplished and the best prepared. But I see that Lucius Appuleius is the next counsel on the list, a mere beginner, not as to his age indeed, but as to his practice and training in forensic contests.

Next to him he has, as I think, Allienus; he indeed does belong to the bar, but however, I never took any particular notice of what he could do in speaking; in raising an outcry, indeed, I see that he is very vigorous and practiced. In this man all your hopes are placed; he, if you are appointed prosecutor, will sustain the whole trial. But even he will not put forth his whole strength in speaking, but will consult your credit and reputation; and will abstain from putting forth the whole power of eloquence which he himself possesses, in order that you may still appear of some importance As we see is done by the Greek pleaders; that he to whom the second or third part belongs, though he may be able to speak somewhat better than his leader, often restrains himself a good deal, in order that the chief may appear to the greatest possible advantage, so will Allienus act; he will be subservient to you, he will pander to your interest, he will put forth somewhat less strength than he might.