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

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

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

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

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

Nor, indeed, was there any cause which more deeply undermined Corinth and Carthage, and at last overthrew them both, than this wandering and dispersion of their citizens, whom the passion of commerce and navigation had induced to abandon the cultivation of their lands and their attention to military pursuits.

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

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

But though these orders were established in the life of Tatius, yet, after his death, Romulus reigned with still greater power by the counsel and authority of the senate.

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

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

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

For, one hundred and eight years after the promulgation of the laws of Lycurgus, the first Olympiad was established, which indeed, through a mistake of names, some authors have supposed constituted, by Lycurgus likewise. And Homer himself, according to the best computation, lived about thirty years before the time of Lycurgus. We must conclude, therefore, that Homer flourished very many years before the date of Romulus. So that, as men had now become learned, and as the times themselves were not destitute of knowledge, there was not much room left for the success of mere fictions. Antiquity indeed has received fables that have at times been sufficiently improbable: but this epoch, which was already so cultivated, disdaining every fiction that was impossible, rejected[314] * * * We may therefore, perhaps, attach some credit to this story of Romulus's immortality, since human life was at that time experienced, cultivated, and instructed. And doubtless there was in him such energy of genius and virtue that it is not altogether impossible to believe the report of Proculus Julius, the husbandman, of that glorification having befallen Romulus which for many ages we have denied to less illustrious men. At all events, Proculus is reported to have stated in the council, at the instigation of the senators, who wished to free themselves from all suspicion of having been accessaries to the death of Romulus, that he had seen him on that hill which is now called the Quirinal, and that he had commanded him to inform the people that they should build him a temple on that same hill, and offer him sacrifices under the name of Quirinus.

You see, therefore, that the genius of this great man did not merely establish the constitution of a new people, and then leave them, as it were, crying in their cradle; but he still continued to superintend their education till they had arrived at an adult and wellnigh a mature age.

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

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

He also established the Flamines and the Salian priests and the Vestal Virgins, and regulated all departments of our ecclesiastical policy with the most pious care. In the ordinance of sacrifices, he wished that the ceremonial should be very arduous and the expenditure very light. He thus appointed many observances, whose knowledge is extremely important, and whose expense far from burdensome. Thus in religious worship he added devotion and removed costliness. He was also the first to introduce markets, games, and the other usual methods of assembling and uniting men. By these establishments, he inclined to benevolence and amiability spirits whom the passion for war had rendered savage and ferocious. Having thus reigned in the greatest peace and concord thirty-nine years--for in dates we mainly follow our Polybius, than whom no one ever gave more attention to the investigation of the history of the times--he departed this life, having corroborated the two grand principles of political stability, religion and clemency.

When Scipio had concluded these remarks, Is it not, said Manilius, a true tradition which is current, that our king Numa was a disciple of Pythagoras himself, or that at least he was a Pythagorean in his doctrines? For I have often heard this from my elders, and we know that it is the popular opinion; but it does not seem to be clearly proved by the testimony of our public annals.

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

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

* * * [_Manilius_.] This Commonwealth of Rome, which you are so eloquently describing, did not creep towards perfection; it rather flew at once to the maturity of its grandeur.

[_Scipio._] After Tullus, Ancus Martius, a descendant of Numa by his daughter, was appointed king by the people. He also procured the passing of a law[316] through the Comitia Curiata respecting his government. This king having conquered the Latins, admitted them to the rights of citizens of Rome. He added to the city the Aventine and Cælian hills; he distributed the lands he had taken in war; he bestowed on the public all the maritime forests he had acquired; and he built the city Ostia, at the mouth of the Tiber, and colonized it. When he had thus reigned twenty-three years, he died.

Then said Lælius: Doubtless this king deserves our praises, but the Roman history is obscure. We possess, indeed, the name of this monarch's mother, but we know nothing of his father.

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

* * * [One of these sons] was easily admitted to the rights of citizenship at Rome; and on account of his accomplished manners and learning, he became a favorite of our king Ancus to such a degree that he was a partner in all his counsels, and was looked upon almost as his associate in the government. He, besides, possessed wonderful affability, and was very kind in assistance, support, protection, and even gifts of money, to the citizens.

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

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

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

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

He then, in the first place, avenged the injuries of the Etruscans by arms. After which[318] * * *

* * * he enrolled eighteen centuries of knights of the first order. Afterward, having created a great number of knights from the common mass of the people, he divided the rest of the people into five classes, distinguishing between the seniors and the juniors. These he so constituted as to place the suffrages, not in the hands of the multitude, but in the power of the men of property. And he took care to make it a rule of ours, as it ought to be in every government, that the greatest number should not have the greatest weight. You are well acquainted with this institution, otherwise I would explain it to you; but you are familiar with the whole system, and know how the centuries of knights, with six suffrages, and the first class, comprising eighty centuries, besides one other century which was allotted to the artificers, on account of their utility to the State, produce eighty-nine centuries. If to these there are added twelve centuries--for that is the number of the centuries of the knights which remain[319]--the entire force of the State is summed up; and the arrangement is such that the remaining and far more numerous multitude, which is distributed through the ninety-six last centuries, is not deprived of a right of suffrage, which would be an arrogant measure; nor, on the other hand, permitted to exert too great a preponderance in the government, which would be dangerous.

In this arrangement, Servius was very cautious in his choice of terms and denominations. He called the rich _assidui_, because they afforded pecuniary succor[320] to the State. As to those whoso fortune did not exceed 1500 pence, or those who had nothing but their labor, he called them _proletarii_ classes, as if the State should expect from them a hardy progeny[321] and population.

Even a single one of the ninety-six last centuries contained numerically more citizens than the entire first class. Thus, no one was excluded from his right of voting, yet the preponderance of votes was secured to those who had the deepest stake in the welfare of the State. Moreover, with reference to the accensi, velati, trumpeters, hornblowers, proletarii[322] * * *

* * * That that republic is arranged in the best manner which, being composed in due proportions of those three elements, the monarchical, the aristocratical, and the democratic, does not by punishment irritate a fierce and savage mind. * * * [A similar institution prevailed at Carthage], which was sixty-five years more ancient than Rome, since it was founded thirty-nine years before the first Olympiad; and that most ancient law-giver Lycurgus made nearly the same arrangements. Thus the system of regular subordination, and this mixture of the three principal forms of government, appear to me common alike to us and them. But there is a peculiar advantage in our Commonwealth, than which nothing can be more excellent, which I shall endeavor to describe as accurately as possible, because it is of such a character that nothing analogous can be discovered in ancient states; for these political elements which I have noticed were so united in the constitutions of Rome, of Sparta, and of Carthage, that they were not counterbalanced by any modifying power. For in a state in which one man is invested with a perpetual domination, especially of the monarchical character, although there be a senate in it, as there was in Rome under the kings, and in Sparta, by the laws of Lycurgus, or even where the people exercise a sort of jurisdiction, as they used in the days of our monarchy, the title of king must still be pre-eminent; nor can such a state avoid being, and being called, a kingdom. And this kind of government is especially subject to frequent revolutions, because the fault of a single individual is sufficient to precipitate it into the most pernicious disasters.

In itself, however, royalty is not only not a reprehensible form of government, but I do not know whether it is not far preferable to all other simple constitutions, if I approved of any simple constitution whatever. But this preference applies to royalty so long only as it maintains its appropriate character; and this character provides that one individual's perpetual power, and justice, and universal wisdom should regulate the safety, equality, and tranquillity of the whole people. But many privileges must be wanting to communities that live under a king; and, in the first place, liberty, which does not consist in slavery to a just master, but in slavery to no master at all[323] * * *

* * * [Let us now pass on to the reign of the seventh and last king of Rome, Tarquinius Superbus.] And even this unjust and cruel master had good fortune for his companion for some time in all his enterprises. For he subdued all Latium; he captured Suessa Pometia, a powerful and wealthy city, and, becoming possessed of an immense spoil of gold and silver, he accomplished his father's vow by the building of the Capitol. He established colonies, and, faithful to the institutions of those from whom he sprung, he sent magnificent presents, as tokens of gratitude for his victories, to Apollo at Delphi.

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

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

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

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

Let us oppose to this example of the tyrant another, a virtuous king--wise, experienced, and well informed respecting the true interest and dignity of the citizens--a guardian, as it were, and superintendent of the Commonwealth; for that is a proper name for every ruler and governor of a state. And take you care to recognize such a man when you meet him, for he is the man who, by counsel and exertion, can best protect the nation. And as the name of this man has not yet been often mentioned in our discourse, and as the character of such a man must be often alluded to in our future conversations, [I shall take an early opportunity of describing it.][325] * * *

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

For after Rome had flourished more than two hundred and forty years under her kings and interreges, and after Tarquin was sent into banishment, the Roman people conceived as much detestation of the name of king as they had once experienced regret at the death, or rather disappearance, of Romulus. Therefore, as in the first instance they could hardly bear the idea of losing a king, so in the latter, after the expulsion of Tarquin, they could not endure to hear the name of a king.[326] * * *

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

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

Therefore Publicola, having promulgated this law in favor of appeal to the people, immediately ordered the axes to be removed from the fasces, which the lictors carried before the consuls, and the next day appointed Spurius Lucretius for his colleague. And as the new consul was the oldest of the two, Publicola ordered his lictors to pass over to him; and he was the first to establish the rule, that each of the consuls should be preceded by the lictors in alternate months, that there should be no greater appearance of imperial insignia among the free people than they had witnessed in the days of their kings. Thus, in my opinion, he proved himself no ordinary man, as, by so granting the people a moderate degree of liberty, he more easily maintained the authority of the nobles.

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

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

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

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

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

A third year followed under the authority of the same decemvirs, and still they were not disposed to appoint their successors. In a situation of the Commonwealth like this, which, as I have often repeated, could not be durable, because it had not an equal operation with respect to all the ranks of the citizens, the whole public power was lodged in the hands of the chiefs and decemvirs of the highest nobility, without the counterbalancing authority of the tribunes of the people, without the sanction of any other magistracies, and without appeal to the people in the case of a sentence of death or scourging.

Thus, out of the injustice of these men, there was suddenly produced a great revolution, which changed the entire condition of the government, or they added two tables of very tyrannical laws, and though matrimonial alliances had always been permitted, even with foreigners, they forbade, by the most abominable and inhuman edict, that any marriages should take place between the nobles and the commons--an order which was afterward abrogated by the decree of Canuleius. Besides, they introduced into all their political measures corruption, cruelty, and avarice. And indeed the story is well known, and celebrated in many literary compositions, that a certain Decimus Virginius was obliged, on account of the libidinous violence of one of these decemvirs, to stab his virgin daughter in the midst of the forum. Then, when he in his desperation had fled to the Roman army which was encamped on Mount Algidum, the soldiers abandoned the war in which they were engaged, and took possession of the Sacred Mount, as they had done before on a similar occasion, and next invested Mount Aventine in their arms.[327] Our ancestors knew how to prove most thoroughly, and to retain most wisely. * * *

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

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

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

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

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

_Scipio._ The same.

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

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

_Lælius._ I recollect, and when I was your lieutenant I often saw, one of these drivers.

_Scipio._ Thus an Indian or Carthaginian regulates one of these huge animals, and renders him docile and familiar with human manners. But the genius which resides in the mind of man, by whatever name it may be called, is required to rein and tame a monster far more multiform and intractable, whenever it can accomplish it, which indeed is seldom. It is necessary to hold in with a strong hand that ferocious[329] * * *

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

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

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

[_The next paragraph, "Esse autem angores," etc., is wholly unintelligible without the context._]

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

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

* * * can be said.

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

He must be an almost unique specimen, said Africanus, for the task which I set him comprises all others. He must never cease from cultivating and studying himself, that he may excite others to imitate him, and become, through the splendor of his talents and enterprises, a living mirror to his countrymen. For as in flutes and harps, and in all vocal performances, a certain unison and harmony must be preserved amidst the distinctive tones, which cannot be broken or violated without offending experienced ears; and as this concord and delicious harmony is produced by the exact gradation and modulation of dissimilar notes; even so, by means of the just apportionment of the highest, middle, and lower classes, the State is maintained in concord and peace by the harmonic subordination of its discordant elements: and thus, that which is by musicians called harmony in song answers and corresponds to what we call concord in the State--concord, the strongest and loveliest bond of security in every commonwealth, being always accompanied by justice and equity.

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

* * * to be full of justice.

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

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

* * *[331] Cicero, in the third book of his treatise On a Commonwealth, says that nature has treated man less like a mother than a step-dame, for she has cast him into mortal life with a body naked, fragile, and infirm, and with a mind agitated by troubles, depressed by fears, broken by labors, and exposed to passions. In this mind, however, there lies hidden, and, as it were, buried, a certain divine spark of genius and intellect.

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

Plato returned thanks to nature that he had been born a man.

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

And by a similar intelligence, the inflections of the voice, which appeared infinite, are, by the discovery of a few alphabetic characters, all designated and expressed; by which we maintain converse with our absent friends, by which also indications of our wishes and monuments of past events are preserved. Then came the use of numbers--a thing necessary to human life, and at the same time immutable and eternal; a science which first urged us to raise our views to heaven, and not gaze without an object on the motions of the stars, and the distribution of days and nights.

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

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

Whom neither gold nor iron could subdue.

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

In honor of our country, we may assert that she has produced within herself a great number, I will not say of sages (since philosophy is so jealous of this name), but of men worthy of the highest celebrity, because by them the precepts and discoveries of the sages have been carried out into actual practice. And, moreover, though there have existed, and still do exist, many great and glorious empires, yet since the noblest masterpiece of genius in the world is the establishment of a state and commonwealth which shall be a lasting one, even if we reckon but a single legislator for each empire, the number of these excellent men will appear very numerous. To be convinced of this, we have only to turn our eyes on any nation of Italy, Latium, the Sabines, the Volscians, the Samnites, or the Etrurians, and then direct our attention to that mighty nation of the Greeks, and then to the Assyrians, Persians, and Carthaginians, and[334] * * *

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

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

Perhaps, said Lælius, you are afraid, lest, in reproducing the ordinary objections made to justice in politics, you should seem to express your own sentiments; though you are universally respected as an almost unique example of the ancient probity and good faith; nor is it unknown how familiar you are with the lawyer-like habit of disputing on both sides of a question, because you think that this is the best way of getting at the truth.

And Philus said: Very well; I obey you, and wilfully, with my eyes open, I will undertake this dirty business; because, since those who seek for gold do not flinch at the sight of the mud, so we who are searching for justice, which is far more precious than gold, are bound to shrink from no annoyance. And I wish, as I am about to make use of the antagonist arguments of a foreigner, I might also employ a foreign language. The pleas, therefore, now to be urged by Lucius Furius Philus are those [once employed by] the Greek Carneades, a man who was accustomed to express whatever [served his turn].[335] * * *[336]Let it be understood, therefore, that I by no means express my own sentiments, but those of Carneades, in order that you may refute this philosopher, who was wont to turn the best causes into joke, through the mere wantonness of wit.

Many philosophers indeed, and especially Plato and Aristotle, have spoken a great deal of justice, inculcating that virtue, and extolling it with the highest praise, as giving to every one what belongs to him, as preserving equity in all things, and urging that while the other virtues are, as it were, silent and shut up, justice is the only one which is not absorbed in considerations of self-interest, and which is not secret, but finds its whole field for exercise out-of-doors, and is desirous of doing good and serving as many people as possible; as if, forsooth, justice ought to exist in judges only, and in men invested with a certain authority, and not in every one! But there is no one, not even a man of the lowest class, or a beggar, who is destitute of opportunities of displaying justice. But because these philosophers knew not what its essence was, or whence it proceeded, or what its employment was, they attributed that first of all virtues, which is the common good of all men, to a few only, and asserted that it aimed at no advantage of its own, but was anxious only for that of others. So it was well that Carneades, a man of the greatest genius and acuteness, refuted their assertions, and overthrew that justice which had no firm foundation; not because he thought justice itself deserving of blame, but in order to show that those its defenders had brought forward no trustworthy or strong arguments in its behalf.

Justice looks out-of-doors, and is prominent and conspicuous in its whole essence.

Which virtue, beyond all others, wholly devotes and dedicates itself to the advantage of others.

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

In the next place, he would see in Greece, as among ourselves, magnificent temples consecrated by images in human form, which the Persians regarded as impious; and it is affirmed that the sole motive of Xerxes for commanding the conflagration of the Athenian temples was the belief that it was a superstitious sacrilege to keep confined within narrow walls the Gods, whose proper home was the entire universe. But afterward Philip, in his hostile projects against the Persians, and Alexander, who carried them into execution, alleged this plea for war, that they were desirous to avenge the temples of Greece, which the Greeks had thought proper never to rebuild, that this monument of the impiety of the Persians might always remain before the eyes of their posterity.

How many--such as the inhabitants of Taurica along the Euxine Sea; as the King of Egypt, Busiris; as the Gauls and the Carthaginians--have thought it exceedingly pious and agreeable to the Gods to sacrifice men! And, besides, the customs of life are so various that the Cretans and Ætolians regard robbery as honorable. And the Lacedæmonians say that their territory extends to all places which they can touch with a lance. The Athenians had a custom of swearing, by a public proclamation, that all the lands which produced olives and corn were their own. The Gauls consider it a base employment to raise corn by agricultural labor, and go with arms in their hands, and mow down the harvests of neighboring peoples. But we ourselves, the most equitable of all nations, who, in order to raise the value of our vines and olives, do not permit the races beyond the Alps to cultivate either vineyards or oliveyards, are said in this matter to act with prudence, but not with justice. You see, then, that wisdom and policy are not always the same as equity. And Lycurgus, that famous inventor of a most admirable jurisprudence and most wholesome laws, gave the lands of the rich to be cultivated by the common people, who were reduced to slavery.

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

Are men, then, to say that variations indeed do exist in the laws, but that men who are virtuous through natural conscience follow that which is really justice, and not a mere semblance and disguise, and that it is the distinguishing characteristic of the truly just and virtuous man to render every one his due rights? Are we, then, to attribute the first of these characteristics to animals? For not only men of moderate abilities, but even first-rate sages and philosophers, as Pythagoras and Empedocles, declare that all kinds of living creatures have a right to the same justice. They declare that inexpiable penalties impend over those who have done violence to any animal whatsoever. It is, therefore, a crime to injure an animal, and the perpetrator of such crime[338] * * *

For when he[339] inquired of a pirate by what right he dared to infest the sea with his little brigantine: "By the same right," he replied, "which is your warrant for conquering the world." * * *

Wisdom and prudence instruct us by all means to increase our power, riches, and estates. For by what means could this same Alexander, that illustrious general, who extended his empire over all Asia, without violating the property of other men, have acquired such universal dominion, enjoyed so many pleasures, such great power, and reigned without bound or limit?

But justice commands us to have mercy upon all men, to consult the interests of the whole human race, to give to every one his due, and injure no sacred, public, or foreign rights, and to forbear touching what does not belong to us. What is the result, then? If you obey the dictates of wisdom, then wealth, power, riches, honors, provinces, and kingdoms, from all classes, peoples, and nations, are to be aimed at.

However, as we are discussing public matters, those examples are more illustrious which refer to what is done publicly. And since the question between justice and policy applies equally to private and public affairs, I think it well to speak of the wisdom of the people. I will not, however, mention other nations, but come at once to our own Roman people, whom Africanus, in his discourse yesterday, traced from the cradle, and whose empire now embraces the whole world. Justice is[340] * * *

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

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

* * * For all those who have the right of life and death over the people are in fact tyrants; but they prefer being called by the title of king, which belongs to the all-good Jupiter. But when certain men, by favor of wealth, birth, or any other means, get possession of the entire government, it is a faction; but they choose to denominate themselves an aristocracy. If the people gets the upper hand, and rules everything after its capricious will, they call it liberty, but it is in fact license. And when every man is a guard upon his neighbor, and every class is a guard upon every other class, then because no one trusts in his own strength, a kind of compact is formed between the great and the little, from whence arises that mixed kind of government which Scipio has been commending. Thus justice, according to these facts, is not the daughter of nature or conscience, but of human imbecility. For when it becomes necessary to choose between these three predicaments, either to do wrong without retribution, or to do wrong with retribution, or to do no wrong at all, it is best to do wrong with impunity; next, neither to do wrong nor to suffer for it; but nothing is more wretched than to struggle incessantly between the wrong we inflict and that we receive. Therefore, he who attains to that first end[341] * * *

This was the sum of the argument of Carneades: that men had established laws among themselves from considerations of advantage, varying them according to their different customs, and altering them often so as to adapt them to the times; but that there was no such thing as natural law; that all men and all other animals are led to their own advantage by the guidance of nature; that there is no such thing as justice, or, if there be, that it is extreme folly, since a man would injure himself while consulting the interests of others. And he added these arguments, that all nations who were flourishing and dominant, and even the Romans themselves, who were the masters of the whole world, if they wished to be just--that is to say, if they restored all that belonged to others--would have to return to their cottages, and to lie down in want and misery.

Except, perhaps, of the Arcadians and Athenians, who, I presume, dreading that this great act of retribution might one day arrive, pretend that they were sprung from the earth, like so many field-mice.

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

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

I am aware that in the third book of Cicero's treatise on the Commonwealth (unless I am mistaken) it is argued that no war is ever undertaken by a well-regulated commonwealth unless it be one either for the sake of keeping faith, or for safety; and what he means by a war for safety, and what safety he wishes us to understand, he points out in another passage, where he says, "But private men often escape from these penalties, which even the most stupid persons feel--want, exile, imprisonment, and stripes--by embracing the opportunity of a speedy death; but to states death itself is a penalty, though it appears to deliver individuals from punishment. For a state ought to be established so as to be eternal: therefore, there is no natural decease for a state, as there is for a man, in whose case death is not only inevitable, but often even desirable; but when a state is put an end to, it is destroyed, extinguished. It is in some degree, to compare small things with great, as if this whole world were to perish and fall to pieces."

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

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

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

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

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

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

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

In which I agree that an anxious and hazardous justice is not that of a wise man.

And again, in Cicero, that same advocate of justice, Lælius, says, Virtue is clearly eager for honor, nor has she any other reward; which, however, she accepts easily, and exacts without bitterness. And in another place the same Lælius says:

When a man is inspired by virtue such as this, what bribes can you offer him, what treasures, what thrones, what empires? He considers these but mortal goods, and esteems his own divine. And if the ingratitude of the people, and the envy of his competitors, or the violence of powerful enemies, despoil his virtue of its earthly recompense, he still enjoys a thousand consolations in the approbation of conscience, and sustains himself by contemplating the beauty of moral rectitude.

When Lælius had ceased to speak, all those that were present expressed the extreme pleasure they found in his discourse. But Scipio, more affected than the rest, and ravished with the delight of sympathy, exclaimed: You have pleaded, my Lælius, many causes with an eloquence superior to that of Servius Galba, our colleague, whom you used during his life to prefer to all others, even to the Attic orators [and never did I hear you speak with more energy than to-day, while pleading the cause of justice][345] * * *

* * * That two things were wanting to enable him to speak in public and in the forum, confidence and voice.

_Lælius._ You have spoken admirably, my Scipio, and I see the point of your observations.

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

_Lælius._ That is evident.

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

_Lælius._ Certainly not, because these did not constitute the real welfare of the community.

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

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

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

_Lælius._ There is no political constitution to which I more absolutely deny the name of a _commonwealth_ than that in which all things lie in the power of the multitude. If a commonwealth, which implies the welfare of the entire community, could not exist in Agrigentum, Syracuse, or Athens when tyrants reigned over them--if it could not exist in Rome when under the oligarchy of the decemvirs--neither do I see how this sacred name of commonwealth can be applied to a democracy and the sway of the mob; because, in the first place, my Scipio, I build on your own admirable definition, that there can be no community, properly so called, unless it be regulated by a combination of rights. And, by this definition, it appears that a multitude of men may be just as tyrannical as a single despot; and it is so much the worse, since no monster can be more barbarous than the mob, which assumes the name and appearance of the people. Nor is it at all reasonable, since the laws place the property of madmen in the hands of their sane relations, that we should do the [very reverse in politics, and throw the property of the sane into the hands of the mad multitude][346] * * *

* * * [It is far more rational] to assert that a wise and virtuous aristocratical government deserves the title of a commonwealth, as it approaches to the nature of a kingdom.

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

Scipio replied: I am well acquainted, my Mummius, with your decided antipathy to the democratical system. And, although, we may speak of it with rather more indulgence than you are accustomed to accord it, I must certainly agree with you, that of all the three particular forms of government, none is less commendable than democracy.

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

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

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

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

_Mummius_. It did, and not much liable to abuse.

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

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

[_The next is an incomplete sentence, and, as such, unintelligible_.]

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

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

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

I will endeavor in the proper place to show it, according to the definitions of Cicero himself, in which, putting forth Scipio as the speaker, he has briefly explained what a commonwealth and what a republic is; adducing also many assertions of his own, and of those whom he has represented as taking part in that discussion, to the effect that the State of Rome was not such a commonwealth, because there has never been genuine justice in it. However, according to definitions which are more reasonable, it was a commonwealth in some degree, and it was better regulated by the more ancient than by the later Romans.

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

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

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

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

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

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

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

Well did Marcus Tullius say, In truth, if there is no one who would not prefer death to being changed into the form of some beast, although he were still to retain the mind of a man, how much more wretched is it to have the mind of a beast in the form of a man! To me this fate appears as much worse than the other as the mind is superior to the body.

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

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

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

When the shepherds use * * * for cattle.

Cicero, in the fourth book of his Commonwealth, uses the word "armentum," and "armentarius," derived from it.

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

Consider, in the first place, the national education of the people--a matter on which the Greeks have expended much labor in vain, and which is the only point on which Polybius, who settled among us, accuses the negligence of our institutions. For our countrymen have thought that education ought not to be fixed, nor regulated by laws, nor be given publicly and uniformly to all classes of society. For[347] * * *

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

[In our ancient laws, young men were prohibited from appearing] naked in the public baths, so far back were the principles of modesty traced by our ancestors. Among the Greeks, on the contrary, what an absurd system of training youth is exhibited in their gymnasia! What a frivolous preparation for the labors and hazards of war! what indecent spectacles, what impure and licentious amours are permitted! I do not speak only of the Eleans and Thebans, among whom, in all love affairs, passion is allowed to run into shameless excesses; but the Spartans, while they permit every kind of license to their young men, save that of violation, fence off, by a very slight wall, the very exception on which they insist, besides other crimes which I will not mention.

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

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

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

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

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

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

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

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

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

So petulance is derived from asking (_petendo_); wantonness (_procacitas_) from _procando_, that is, from demanding.

For I do not approve of the same nation being the ruler and the farmer of lands. But both in private families and in the affairs of the Commonwealth I look upon economy as a revenue.

Faith (_fides_) appears to me to derive its name from that being done (_fit_) which is said.

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

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

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

Therefore the law considers that neighbors dispute (_jurgare_) rather than quarrel (_litigare_) with one another.

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

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

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

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

In which case I wish I could augur first with truth and fidelity * * *

Cicero saying this in vain, when speaking of poets, "And when the shouts and approval of the people, as of some great and wise teacher, has reached them, what darkness do they bring on! what alarms do they cause! what desires do they excite!"

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

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

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

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

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

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

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

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

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

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

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

Ennius has told us--

Of men and customs mighty Rome consists;

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

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

For what now remains of those antique manners, of which the poet said that our Commonwealth consisted? They have now become so obsolete and forgotten that they are not only not cultivated, but they are not even known. And as to the men, what shall I say? For the manners themselves have only perished through a scarcity of men; of which great misfortune we are not only called to give an account, but even, as men accused of capital offences, to a certain degree to plead our own cause in connection with it. For it is owing to our vices, rather than to any accident, that we have retained the name of republic when we have long since lost the reality.

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

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

[_Scipio._ Ought not a farmer] to be acquainted with the nature of plants and seeds?

_Manilius._ Certainly, provided he attends to his practical business also.

_Scipio._ Do you think that knowledge only fit for a steward?

_Manilius._ Certainly not, inasmuch as the cultivation of land often fails for want of agricultural labor.

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

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

On which account it appears to me a very strange thing what this * * *

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

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

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

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

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

Who discovered his violence and unbridled ferocity.

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

In the whole world.

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

Cicero, in his treatise on the Commonwealth, says, "As Menelaus of Lacedæmon had a certain agreeable sweetness of eloquence." And in another place he says, "Let him cultivate brevity in speaking."

By the evidence of which arts, as Tully says, it is a shame for the conscience of the judge to be misled. For he says, "And as nothing in a commonwealth ought to be so uncorrupt as a suffrage and a sentence, I do not see why the man who perverts them by money is worthy of punishment, while he who does so by eloquence is even praised. Indeed, I myself think that he who corrupts the judge by his speech does more harm than he who does so by money, because no one can corrupt a sensible man by money, though he may by speaking."

And when Scipio had said this, Mummius praised him greatly, for he was extravagantly imbued with a hatred of orators.

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

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

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

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

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

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

[_The next paragraph is unintelligible._]

For our ancestors wished marriages to be firmly established.

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

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

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

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

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

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

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

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

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

When on this Lælius made an exclamation, and the rest of the company groaned loudly, Scipio, with a gentle smile, said, I entreat you, do not wake me out of my dream, but have patience, and hear the rest.

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

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

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

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

Men are likewise endowed with a soul, which is a portion of the eternal fires which you call stars and constellations; and which, being round, spherical bodies, animated by divine intelligences, perform their cycles and revolutions with amazing rapidity. It is your duty, therefore, my Publius, and that of all who have any veneration for the Gods, to preserve this wonderful union of soul and body; nor without the express command of Him who gave you a soul should the least thought be entertained of quitting human life, lest you seem to desert the post assigned you by God himself.

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

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

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

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

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

By the amazing noise of this sound the ears of mankind have been in some degree deafened; and indeed hearing is the dullest of all the human senses. Thus, the people who dwell near the cataracts of the Nile, which are called Catadupa[348], are, by the excessive roar which that river makes in precipitating itself from those lofty mountains, entirely deprived of the sense of hearing. And so inconceivably great is this sound which is produced by the rapid motion of the whole universe, that the human ear is no more capable of receiving it than the eye is able to look steadfastly and directly on the sun, whose beams easily dazzle the strongest sight.

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

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

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

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

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

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

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

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

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

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

Thus saying, he vanished, and I awoke from my dream.

A FRAGMENT.

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