Pro P. Sulla

Cicero, Marcus Tullius

Cicero. The Orations of Marcus Tullius Cicero, Volume 2. Yonge, Charles Duke, translator. London: Bell, 1856.

This Torquatus then, O judges, says that he cannot endure my kingly power. What is the meaning of my kingly power, O Torquatus? I suppose you mean the power I exerted in my consulship; in which I did not command at all, but on the contrary, I obeyed the conscript fathers, and all good men. In my discharge of that office, O judges, kingly power was not established by me, but put down. Will you say that then, when I had such absolute power and authority over all the military and civil affairs of the state, I was not a king, but that now, when I am only a private individual, I have the power of a king? Under what title? “Why, because,” says he, “those against whom you gave evidence were convicted, and the man whom you defend hopes that he shall be acquitted.” Here I make you this reply, as to what concerns my evidence: that if I gave false evidence, you also gave evidence against the same man; if my testimony was true, then I say, that persuading the judges to believe a true statement, which one has made on oath, is a very different thing from being a king. And of the hopes of my client, I only say, that Publius Sulla does not expect from me any exertion of my influence or interest, or, in short, anything except to defend him with good faith.

“But unless you,” says he, “had undertaken his cause, he would never have resisted me, but would have fled without saying a word in his defence.” Even if I were to grant to you that Quintus Hortensius, being a man of such wisdom as he is, and that all these men of high character, rely not on their own judgment but on mine; if I were to grant to you, what no one can believe, that these men would not have countenanced Publius Sulla if I had not done so too; still, which is the king, he whom men, though perfectly innocent, cannot resist, or he who does not abandon men in misfortune? But here too, though you had not the least occasion for it, you took a fancy to be witty, when you called me Tarquin, and Numa, and the third foreign king of Rome. I won't say any more about the word king; but I should like to know why you called me a foreigner. For, if I am such, then it is not so marvellous that I should be a king,—because, as you say yourself, foreigners have before now been kings at Rome,—as that a foreigner should be a consul at Rome. “This is what

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I mean,” says he, “that you come from a municipal town.”

I confess that I do, and I add, that I come from that municipal town from which salvation to this city and empire has more than once proceeded. But I should like exceedingly to know from you, how it is that those men who come from the municipal towns appear to you to be foreigners. For no one ever made that objection to that great man, Marcus Cato the elder, though he had many enemies, or to Titus Coruncanius, or to Marcus Curius, or even to that great hero of our own times, Caius Marius, through many men envied him. In truth, I am exceedingly delighted that I am a man of such a character that, when you were anxious to find fault with me, you could still find nothing to reproach me with which did not apply also to the greater part of the citizens. But still, on account of your great friendship and intimacy, I think it well to remind you of this more than once—all men cannot be patricians. If you would know the truth, they do not all even wish to be so; nor do those of your own age think that you ought on that account to have precedence over them.

And if we seem to you to be foreigners, we whose name and honours have now become familiar topics of conversation and panegyric throughout the city and among all men, how greatly must those competitors of yours seem to be foreigners, who now, having been picked out of all Italy, are contending with you for honour and for every dignity! And yet take care that you do not call one of these a foreigner, lest you should be overwhelmed by the votes of the foreigners. For if they once bring their activity and perseverance into action, believe me they will shake those arrogant expressions out of you, and they will frequently wake you from sleep, and will not endure to be surpassed by you in honours, unless they are also excelled by you in virtue.

And if, O judges, it is fit for me and you to be considered foreigners by the rest of the patricians, still nothing ought to be said about this blot by Torquatus. For he himself is on his mother's side, a citizen of a municipal town; a man of a most honourable and noble family, but still he comes from Asculum. Either let him, then, show that the Picentians alone are not foreigners, or else let him congratulate himself that I do not put my family before his. So do not for the future call me a foreigner, lest you meet with a sterner refutation; and do not call me a king, lest you be laughed at.

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Unless, indeed, it appears to be the conduct of a king to live in such a manner as not to be slave not only to any man, but not even to any passion; to despise all capricious desires; to covet neither gold nor silver, nor anything else; to form one's opinions in the senate with freedom; to consider the real interests of the people, rather than their inclinations; to yield to no one, to oppose many men. If you think that this is the conduct of a king, then I confess that I am a king. If my power, if my sway, it lastly, any arrogant or haughty expression of mine moves your indignation, then you should rather allege that, than stoop to raise odium against me by a name, and to employ mere abuse and insult.

If, after having done so many services to the republic, I were to ask for myself no other reward from the senate and people of Rome beyond honourable ease, who is there who would not grant it to me? If I were to ask, that they would keep all honours, and commands, and provinces, and triumphs, and all the other insignia of eminent renown to themselves, and that they would allow me to enjoy the sight of the city which I had saved, and a tranquil and quiet mind?—What, however, if I do not ask this? what, if my former industry, my anxiety, my assistance, my labour, my vigilance is still at the service of my friends, and ready at the call of every one? If my friends never seek in vain for my zeal on their behalf in the forum, nor the republic in the senate house; if neither the holiday earned by my previous achievements, nor the excuse—which my past honours or my present age might supply me with, is employed to save me from trouble; if my good-will—my industry, my house, my attention, and my ears are always open to all men; if I have not even any time left to recollect and think over those things which I have done for the safety of the whole body of citizens; shall this still be called kingly power, when no one can possibly be found who would act as my substitute in it?

All suspicion of aiming at kingly power is very far removed from me. If you ask who they are who have endeavoured to assume kingly power in Rome, without unfolding the records of the public annals, you may find them among the images in your own house. I suppose it is my achievements which have unduly elated me, and have inspired me with I know not how much pride. Concerning which deeds of mine, illustrious and immortal as they are, O judges, I can say thus much—that I, who have saved this city, and

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the lives of all the citizens, from the most extreme dangers, shall have gained quite reward enough, if no danger arises to myself out of the great service which I have done to all men.

In truth, I recollect in what state it is that I have done such great exploits, and in what city I am living. The forum is full of those men whom I, O judges, have taken off from your necks, but have not removed from my own. Unless you think that they were only a few men, who were able to attempt or to hope that they might be able to destroy so vast an empire. I was able to take away their firebrands, to wrest their torches from their hands, as I did; but their wicked and impious inclinations I could neither cure nor eradicate. Therefore I am not ignorant in what danger I am living among such a multitude of wicked men, since I see that I have undertaken single-handed an eternal war against all wicked men.

But if perchance, you envy that means of protection which I have, and if it seems to you to be of a kingly sort,—namely, the fact that all good men of all ranks and classes consider their safety as bound up with mine,—comfort yourself with the reflection that the dispositions of all wicked men are especially hostile to and furious against me alone; and they hate me, not only because I repressed their profligate attempts and impious madness, but still more because they think, that, as long as I am alive, they can attempt nothing more of the same sort.

But why do I wonder if any wicked thing is said of me by wicked men, where Lucius Torquatus himself, after having in the first place laid such a foundation of virtue as he did in his youth, after having proposed to himself the hope of the most honourable dignity in the state, and, in the second place, being the son of Lucius Torquatus, a most intrepid consul a most virtuous senator, and at all times a most admirable citizen, is sometimes run away with by impetuosity of language? For when he had spoken in a low voice of the wickedness of Publius Lentulus, and of the audacity of all the conspirators, so that only you, who approve of those things, could hear what he said, he spoke with a loud querulous voice of the execution of Publius Lentulus and of the prison;

in which there was, first of all, this absurdity, that when he wished to gain your approval of the inconsiderate things which he had said, but did not wish those

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men, who were standing around the tribunal, to hear them, he did not perceive that, while he was speaking so loudly, those men whose favour he was seeking to gain could not hear him, without your hearing him too, who did not approve of what he was saying; and, in the second place, it is a great defect in an orator not to see what each cause requires. For nothing is so inconsistent as for a man who is accusing another of conspiracy, to appear to lament the punishment and death of conspirators; which is not, indeed, strange to any one, when it is done by that tribune of the people who appears to be the only man left to bewail those conspirators; for it is difficult to be silent when you are really grieved. But, if you do anything of that sort, I do greatly marvel at you, not only because you are such a young man as you are, but because you do it in the very cause in which you wish to appear as a punisher of conspiracy.

However, what I find fault with most of all, is this: that you, with your abilities and your prudence, do not maintain the true interest of the republic, but believe, on the contrary, that those actions are not approved of by the Roman people, which, when I was consul, were done by all virtuous men, for the preservation of the common safety of all. Do you believe that any one of those men who are here present, into whose favour you were seeking to insinuate yourself against their will, was either so wicked as to wish all these things to be destroyed, or so miserable as to wish to perish himself; and to have nothing which he wished to preserve? Is there any one who blames the most illustrious man of your family and name, who deprived his own son [*](This refers to the story of Titus Manlius Torquatus, who, in the Latin war (A.U.C. 415), put his own son to death for leaving his ranks (in forgetfulness of a general order issued by his father the consul) to fight Geminius Metius, whom he slew. The story is told by Livy, lib. iii. c. 7.) of life in order to strengthen his power over the rest of his army; and do you blame the republic, for destroying domestic enemies in order to avoid being herself destroyed by them?

Take notice then, O Torquatus, to what extent I shirk the avowal of the actions of my consulship. I speak, and I always will speak, with my loudest voice, in order that all men may be able to hear me: be present all of you with your minds, ye who are present with your bodies, ye in whose numerous attendance I take great pleasure; give me your attention and all your ears, and listen to me while I speak of what he believes to be unpopular topics. I, as consul, when an army of abandoned citizens, got together by clandestine wickedness, had prepared a most cruel and miserable destruction for my country; when Catiline had been appointed to manage the fall and ruin of the republic in the camp, and when Lentulus was the leader among these very temples and houses around us; I, I say, by my labours, at the risk of my own life, by my prudence, without any tumult, without making any extraordinary levies, without arms, without an army, having arrested and executed five men delivered the city from conflagration, the citizens from massacre Italy from devastation, the republic from destruction. I at the price of the punishment of five frantic and ruined men ransomed the lives of all the citizens, the constitution of the whole world, this city the home of all of us, the citadel of foreign kings and foreign nations the light of all people the abode of empire.

Did you think that I would not say this in a court of justice when I was not on my oath, which I had said before now in a most numerous assembly when speaking [*](This refers to Cicero's conduct when resigning his consulship. Metellus, as has been said before, refused to allow him to make a speech to the people, because, as he said, he had put Roman citizens to death without a trial; on which Cicero instead of making oath in the ordinary formula, that he had discharged his duty with fidelity swore with a loud voice “that the republic and the city had been saved by his unassisted labour;” and all the Roman people cried out with one voice that that statement was true to its fullest extent. See Cic. in Pis. 3.) on oath? And I will say this further, O Torquatus, to prevent any wicked man from conceiving any sudden attachment to, or any sudden hopes of you; and, in order that every one may hear it, I will say it as loudly as I can:—Of all those things which I undertook and did during my consulship in defence of the common safety, that Lucius Torquatus, being my constant comrade in my consulship, and having been so also in my praetorship, was my defender; and assistant, and partner in my actions; being also the chief; and the leader, and the standard-bearer of the Roman youth; and his father, a man most devoted to his country, a man of the greatest courage, of the most consummate political wisdom, and of singular firmness, though he was sick still was constantly present at all my actions he never left my side: he by his zeal and

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wisdom and authority was of the very greatest assistance to me, overcoming the infirmity of his body by the vigour of his mind.

Do you not see now, how I deliver you from the danger of any sudden popularity among the wicked, and reconcile you to all good men? who love you, and cherish you, and who always will cherish you; nor, if perchance you for a while abandon me, will they on that account allow you to abandon them and the republic and your own dignity. But now I return to the cause; and I call you, O judges, to hear witness to this;—that this necessity of speaking of myself was imposed on me by him. For if Torquatus had been content with accusing Sulla, I too at the present time should have done nothing beyond defending him who had been accused; but when he, in his whole speech, inveighed against me, and when, in the very beginning, as I said, he sought to deprive my defence of all authority, even if my indignation had not compelled me to speak, still the necessity of doing justice to my cause would have demanded this speech from me.

You say that Sulla was named by the Allobroges.—Who denies it? but read the information, and see how he was named. They said that Lucius Cassius had said that, among other men, Autronius was favourable to their designs. I ask, did Cassius say that Sulla was? Never. They say that they themselves inquired of Cassius what Sulla's opinions were. Observe the diligence of the Gauls. They, knowing nothing of the life or character of the man, but only having heard that he and Autronius had met with one common disaster, asked whether his inclinations were the same? what then? Even if Cassius had made answer that Sulla was of the same opinion, and was favourable to their views, still it would not seem to me that that reply ought to be made matter of accusation against him. How so? Because, as it was his object to instigate the barbarians to war, it was no business of his to weaken their expectations, or to acquit those men of whom they did entertain some suspicions.

But yet he did not reply, that Sulla was favourable to their designs. And, in truth, it would have been an absurdity, after he had named every one else of his own accord, to make no mention of Sulla till he was reminded of him and asked about him. Unless you think this probable, that Lucius Cassius had quite forgotten the name of Publius Sulla. Even if the high rank of the man, and his unfortunate condition, and the relics of his ancient dignity had not made him notorious, still the mention of Autronius must have recalled Sulla to his recollection. In truth, it is my opinion that when Cassius was enumerating the authority of the chief men of the conspiracy for the purpose of exciting the minds of the Allobroges as he knew that the foreign nations are especially moved by an illustrious name he could not have named Autronius before Sulla, if he had been able to name Sulla at all.

But no one can be induced to believe this,—that the Gauls, the moment that Autronius was named, should have thought, on account of the similarity of their misfortunes, that it was worth their while to make inquiries about Sulla, but that Cassius, if he really was implicated in this wickedness, should never have once recollected Sulla, even after he had named Autronius. However, what was the reply which Cassius made about Sulla? He said that he was not sure. “He does not acquit him,” says Torquatus. I have said before, that, even if he had accused him, when he was interrogated in this manner, his reply ought not to have been made matter of accusation against Sulla.

But I think that, in judicial proceedings and examinations, the thing to be inquired is, not whether any one is exculpated, but whether any one is inculpated. And in truth, when Cassius says that he does not know, is he seeking to exculpate Sulla, or proving clearly enough that he really does not know? He is unwilling to compromise him with the Gauls. Why so? That they may not mention him in their information? what? If he had supposed that there was any danger of their ever giving any information at all, would he have made that confession respecting himself? He did not know it. I suppose, O judges, Sulla was the only person about whom Cassius was kept in the dark. For he certainly was well informed about every one else; and it was thoroughly proved that a great deal of the conspiracy was hatched at his house. As he did not like to deny that Sulla made one of the conspirators, his object being to give the Gauls as much hope as possible, and as he did not venture to assert what was absolutely false, he said that he did not know. But this is quite evident, that as he, who knew the truth about every one, said that he did not know about Sulla, the same weight is due to this denial of his as if he had said that be did know that he had nothing to do with the conspiracy.

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For when it is perfectly certain that a man is acquainted with all the conspirators, his ignorance of any one ought to be considered an acquittal of him. But I am not asking now whether Cassius acquits Sulla; this is quite sufficient for me, that there is not one word to implicate Sulla in the whole information of the Allobroges.

Torquatus being cut off from this article of his accusation, again turns against me, and accuses me. He says that I have made an entry in the public registers of a different statement from that which was really made. O ye immortal gods! (for I will give you what belongs to you; nor can I attribute so much to my own ability, as to think that I was able, in that most turbulent tempest which was afflicting the republic, to manage, of my own power, so many and such important affairs,—affairs arising so unexpectedly, and of such various characters,) it was you, in truth, who then inflamed my mind with the desire of saving my country; it was you who turned me from all other thoughts to the one idea of preserving the republic; it was you who, amid all that darkness of error and ignorance, held a bright light before my mind!