Cicero's De Officiis
Source: Marcus Tullius Cicero. De Officiis. Translated
by Walter Miller. Loeb Edition. Cambridge: Harvard University Press, 1913.
Before using any portion of this text in any theme, essay, research paper,
thesis, or dissertation, please read the disclaimer.
Transcription conventions: Page numbers in angle brackets refer
to the edition cited as the source. The Latin text, which appears on even-numbered
pages, is not included here. Words or phrases singled out for indexing
are marked by plus signs. In the index, numbers in parentheses indicate
how many times the item appears. A slash followed by a small letter or
a number indicates a footnote at the bottom of the page. Only notes of
historical, philosophical, or literary interest to a general reader have
been included. I have allowed Greek passages to stand as the scanner read
them, in unintelligible strings of characters.
Table of Contents: BOOK I Moral Goodness
|
BOOK II Expediency | BOOK III
...the Right and the Expedient
Index: affability+(1) | affectation+(1)
| ambition+(1) | anger+(5)
| appetite+(1) | Aristides+(1)
| Bassanio+(3) | beneficientia+(1)
| benevolentia_fidelis+(1) | bonds+(1)
| Braggart+(1) | brotherhood+(1)
| caritas+(1) | chance+(1)
| chicanery+(1) | common+(3)
| constanter+(1) | constantia+(2)
| country+(2) | Damon+(1)
| demoralization+(1) | diligi+(2)
| dress+(1) | duty+(2) |
effeminate+(1)
| expediency+(1) | facilitatem_easiness+(1)
| faithful+(1) | family+(1)
| favour+(1) | favours+(1)
| Fenelon+(1) | fidelity+(1)
|
fortitude+(1) | fortune+(2)
| Fortune+(2) | friendship+(3)
| generosity+(2) | gift+(1)
| good_faith+(3) | good-will+(1)
| Granville+(1) | gratitude+(2)
| greatness_of_soul+(1) | Gyges+(3)
| Hal+(3) | Hamlet+(1) | harmony+(1) | health+(1) | honestas+(1) | honestum+(1) | honestus+(1) | Hospitality+(1) | hostis+(1) | Hotspur+(2) | hypocrite+(1) | integrity+(1) | jesting+(1) | justice+(1) | Justice+(2) | kingship+(1)
| Lear+(2) | liberalitate+(1) | liberality+(1) | liberty+(1) | mafia+(1) | magistrates+(1) | magnificence+(1) | manly+(1) | mansuetudinem+(1) | mercy+(1) | military+(1) | moderation+(1) | modesty+(1) | money+(2) | Oswald+(1) | passion+(3) | Peripatetics+(1) | Plain
Dealer+ (7) | Plato+(1) | pleasure+(1) | Portia+(2) | Promises+(2) | property+(1) | Prospero+(8) | Protestant_Ethic+(1)
| rage+(1) | reason+(2) | rectum+(1) | riches+(1) | righteousness+(1) | service+(4) | Shylock+(2) | simplicity+(1) | slavery+(1) | slaves+(1) | social_cement+(1) | social_instinct+(1) | society+(2) | Socrates+(1) | sprezzatura+(1) | state+(1) | steadfastness+(1) | stoicism+(1) | Temperance+(1)
| theoretical_knowledge+(1)
| Trade+(1) | trustee+(1) | turpitudo+(1) | tyrant+(2) | tyrants+(1) | utile+(1) | Wdswth+(2) | wealth+(3) | Wisdom+(1) | woman+(1) | womanish+(1)
BOOK
I+ MORAL GOODNESS
1 I. My dear son Marcus, you have now been
studying a full year under Cratippus, and that too in Athens,
and you should be fully equipped with the practical precepts and the
principles of philosophy; so much at least one might expect from the
pre-eminence not only of your teacher but also of the city; the
former is able to enrich you with learning, the latter to supply you
with models. Nevertheless, just as I for my own improvement have
always combined Greek and Latin studies - and I have done this not
only in the study of philosophy but also in the practice of oratory
- so I recommend that you should do the same, so that you may have
equal command of both languages. And it is in this very direction
that I have, if I mistake not, rendered a great service to our
countrymen, so that not only those who are unacquainted with Greek
literature but even the cultured consider that they have gained much
both in oratorical power and in mental training. 2 You will, therefore, learn from the foremost
of present-day philosophers, and you will go on learning as long as
you wish; and your wish ought to continue as long as you are not
dissatisfied with the progress you are making. For all that,
if you will read my philos hical books, you will be helped; my
philosophy is not very different from that of the Peripatetics (for
both they and I claim to be followers of Socrates+
and Plato+). As to the conclusions you may
reach, I leave that to your own judgment (for I would put no
hindrance in your way), but by reading my philosophical <Off-3>
BOOK I. i.
writings you will be sure to render your
mastery of the Latin language more complete. But I would by no means
have you think that this is said boastfully. For there are many to
whom I yield precedence in the knowledge of philosophy; but if I lay
claim to the orator's peculiar ability to speak with propriety,
clearness, elegance, I think my claim is in a measure justified, for
I have spent my life in that profession. 3
And therefore, my dear Cicero, I cordially recommend you to read
carefully not only my orations but also these books of mine on
philosophy, which are now about as extensive. For while the orations
exhibit a more vigorous style, yet the unimpassioned, restrained
style of my philosophical productions is also worth cultivating.
Moreover, for the same man to succeed in both departments, both in
the forensic style and in that of calm philosophic discussion has
not, I observe, been the good fortune of any one of the Greeks so
far, unless, perhaps, Demetrius of Phalerum can be reckoned in that
number - a clever reasoner, indeed, and, though rather a spiritless
orator, he is yet charming, so that you can recognize in him the
disciple of Theophrastus. But let others judge how much I have
accomplished in each pursuit; I have at least attempted both. 4 I
believe, of course, that if Plato had been willing to devote himself
to forensic oratory, he could have spoken with the greatest
eloquence and power; and that if Demosthenes had continued the
studies he pursued with Plato and had wished to expound his views,
he could have done so with elegance and brilliancy. I feel the same
way about Aristotle and Isocrates, each of whom, engrossed in his
own profession, undervalued that of the other. <Off-5>
BOOK I. ii.
II. But since I have decided to write you a
little now (and a great deal by and by), I wish, if possible, to
begin with a matter most suited at once to your years and to my
position. Although philosophy offers many problems, both important
and useful, that have been fully and carefully discussed by
philosophers, those teachings which have been handed down on the
subject of moral duties seem to have the widest practical
application. For no phase of life, whether public or private,
whether in business or in the home, whether one is working on what
concerns oneself alone or dealing with another, can be without its
moral duty+; on the
discharge of such duties depends all that is morally right, and on
their neglect all that is morally wrong in life. 5 Moreover, the subject of this inquiry is the
common property of all philosophers; for who would presume to call
himself a philosopher, if he did not inculcate any lessons of duty?
But there are some schools that distort all notions of duty by the
theories they propose touching the supreme good and the supreme
evil. For he who posits the supreme good as having no connection
with virtue and measures it not by a moral standard but by his own
interests - if he should be consistent and not rather at times
over-ruled by his better nature, he could value neither friendship
nor justice nor generosity; and brave he surely cannot possibly be
that counts pain the supreme evil, nor temperate he that holds
pleasure to be the supreme good. 6 Alhough
these truths are so self-evident that the subject does not call for
discussion, still I have discussed it in another connection. If,
therefore these <Off-7>
BOOK I. ii.- iii.
schools should claim to be consistent, they
could not say anything about duty; and no fixed, invariable, natural
rules of duty can be posited except by those who say that moral
goodness is worth seeking solely or chiefly for its own sake. Accordingly, the teaching of ethics is the
peculiar right of the Stoics, the Academicians, and the
Peripatetics; for the theories of Aristo, Pyrrho, and Erillus have
been long since rejected; and vet they would have the right to
discuss duty if they had left us any power of choosing between
things, so that there might be a way of finding out what duty is. I
shall, therefore, at this time and in this investigation follow
chiefly the Stoics, not as a translator, but, as is my custom, I
shall at my own option and discretion draw from those sources in
such measure and in such manner as shall suit my purpose. 7 Since, therefore, the whole discussion is to
be on the subject of duty, I should like at the outset to define
what duty+ is, as, to my surprise, Panaetius has
failed to do. For every systematic development of any subject ought
to begin with a definition, so that everyone may understand what the
discussion is about. III. Every treatise on duty has two parts: one,
dealing with the doctrine of the supreme good; the other with the
practical rules by which daily life in all its bearings may be
regulated. The following questions are illustrative of the first
part: whether all duties are absolute; whether one duty is more
important than another; and so on. But as regards special duties for
which positive rules are laid down, though they are affected by the
doctrine of the supreme good, still the fact is not so obvious,
because they seem rather to look to the regulation of
every-
<Off-9>
BOOK I. iii.
day life; and it is these special duties that
I propose to treat at length in the following books. 8 And yet there is still another classification
of duties: we distinguish between "mean"/a duty, so-called, and
"absolute" duty. Absolute duty we may, I presume, call "right," for
the Greeks call it Ka,r4pOo)ua, while the ordinary duty they call
KaOiKOV. And the meaning of those terms they fix thus: whatever is
right they define as "absolute" duty, but "mean" duty, they say, is
duty for the performanceof which an adequate reason may be rendered.
9 The consideration necessary to determine
conduct is, ` therefore, as Panaetius
thinks, a threefold one: first, people question whether the
contemplated act is morally right or morally wrong; and in such
deliberation their minds are often led to widely divergent
conclusions. And then they examine and consider the question whether
the action contemplated is or is not conducive to comfort and
happiness in life, to the command of means and wealth, to influence,
and to power, by which they may be able to help themselves and their
friends; this whole matter turns upon a question of expediency+. The third type of question
arises when that which seems to be expedient seems to conflict with
that which is morally right; for when expediency seems to be pulling
one way, while moral right seems to be calling back in the opposite
direction, the result is that the mind is distracted in its inquiry
and brings to it the irresolution that is born of deliberation. 10
Although omission is a most serious defect in classification, two
points have been overlooked in ------ a Cicero's technical terms are difficult because
he has to invent them to translate Greek that is perfectly simple:
"rectum+" is 'right,' i.e. perfect, absolute.
Its opposite is "medium," 'mean,' i.e. falling short of the
'absolute' and occupying a middle ground; common, ordinary. "honestum+" is 'morally right'; as a noun,
'moral goodness' (= honestas); its opposite is "turpe," 'morally
wrong.' "honestas+" is
'moral rectitude' - 'moral goodness'; 'morality'; it's opposite "turpitudo+," 'moral wrong,' 'immorality.' "honestus+", on the other hand, is always
'honourable'; and "honores" are always 'offices of honour.' <Off-11>
BOOK I. iii.-iv.
the foregoing: for we usually consider not
only whether an action is morally right or morally wrong, but also,
when a choice of two morally right courses is offered, which one is
morally better; and likewise, when a choice of two expedients is
offered, which one is more expedient. Thus the question which
Panaetius thought threefold ought, we find, to be divided into five
parts. First, therefore, we must discuss the moral - and that, under
two sub-heads; secondly, in the same manner, the expedient; and
finally, the cases where they must be weighed against each other.
11 IV. First of all, Nature has endowed
every species of living creature with the instinct of self-
preservation, of avoiding what seems likely to cause injury to life
or limb, and of procuring and providing everything needful for life
-food, shelter, and the like. A common property of all creatures is
also the reproductive instinct (the purpose of which is the
propagation of the species) and also a certain amount of concern for
their offspring. But the most marked difference between man and
beast is this: the beast, just as far as it is moved by the senses
and with very little perception of past or future, adapts itself to
that alone which is present at the moment; while man - because he is
endowed with reason+, by which he comprehends the
chain of consequences, perceives the causes of things, understands
the relation of cause to effect and of effect to cause, draws
analogies, and connects and associates the present and the future
-easily surveys the course of his whole life and makes the necessary
preparations for its conduct. <Off-13>
BOOK I. iv.
strangely tender love for his offspring. She
also prompts men to meet in companies, to form public assemblies and
to take part in them themselves; and she further dictates, as a
consequence of this, the effort on man's part to provide a store of
things that minister to his comforts and wants - and not for himself
alone, but for his wife and children and the others whom he holds
dear and for whom he ought to provide; and this responsibility also
stimulates his courage and makes it stronger for the active duties
of life. 13 Above all, the search after truth and its eager pursuit
are peculiar to man. And so, when we have leisure from the demands
of business cares, we are eager to see, to hear, to learn something
new, and we esteem a desire to know the secrets or wonders of
creation as indispensable to a happy life. Thus we come to
understand that what is true, simple, and genuine appeals most
strongly to a man's nature. {PlainDealer+} To this passion for
discovering truth there is added a hungering, as it were, for
independence, so that a mind well-moulded by Nature is unwilling to
be subject to anybody save one who gives rules of conduct or is a
teacher of truth or who, for the general good, rules according to
justice and law. From this attitude come greatness_of_soul+ and a sense of
superiority to worldly conditions. 14 And it
is no mean manifestation of Nature and Reason that man is the only
animal that has a feeling for order, for propriety, for moderation
in word and deed. And so no other animal has a sense of beauty,
loveliness, harmony in the visible world; and Nature and Reason,
extending the analogy of this from the world of sense to the world
of spirit, find that <Off-15>
BOOK I. iv.- v.
beauty, consistency, order are far more to be
maintained in thought and deed, and the same Nature and Reason are
careful to do nothing in an improper or unmanly fashion, and in
every thought and deed to do or think nothing capriciously. It is
from these elements that is forged and fashioned that moral goodness
which is the subject of this inquiry - something that, even though
it be not generally ennobled, is still worthy of all honour;/a and
by its own nature, we correctly maintain, it merits praise even
though it be praised by none. 15 V. You see
here, Marcus, my son, the very form and as it were the face of Moral
Goodness; "and if," as Plato says, "it could be seen with the
physical eye, it would awaken a marvellous love of wisdom." But all
that is morally right rises from some one of four sources: it is
concerned either (1) with the full perception and intelligent
development of the true; or (2) with the conservation of
organized society+, with rendering to every man
his due, and with the faithful+
discharge of obligations assumed; or (3) with the greatness and
strength of a noble and invincible spirit; or (4) with the
orderliness and moderation of everything that is said and done,
wherein consist temperance and self-control. (15) Although these
four are connected and interwoven, still it is in each one
considered singly that certain definite kinds of moral duties have
their origin: in that category, for instance, which was designated
first in our division and in which we place wisdom and prudence,
belong the search after truth and its discovery; and this is the
peculiar 16 province of that virtue. For the more clearly anyone
observes the most essential truth in any given ------ a. Cicero plays
on the double meaning of honestum: 1) "moral goodness," and 2)
"honourable" "distinguished," etc. <Off-17>
BOOK I. v.-vi.
case and the more quickly and accurately he
can see and explain the reasons for it, the more understanding and
wise he is generally esteemed, and justly so. So, then, it is truth
that is, as it were, the stuff with which this virtue has to deal
and on which it employs itself. 17 Before
the three remaining virtues, on the other hand, is set the task of
providing and maintaining those things on which the practical
business of life depends so that the relations of man to man in
human society may be conserved, and that largeness and nobility of
soul may be revealed not only in increasing one's resources and
acquiring advantages for one's self and one's family but far more in
rising superior to these very things. But orderly behaviour and
consistency of demeanor and self-control and the like have their
sphere in that department of things in which a certain amount of
physical exertion, and not mental activity merely, is required. For
if we bring a certain amount of propriety and order into the
transactions of daily life, we shall be conserving moral rectitude
and moral dignity. 18 VI. Now, of the four
divisions which we have made of the essential idea of moral
goodness, the first, consisting in the knowledge of truth, touches
human nature most closely. For we are all attracted and drawn to a
zeal for learning and knowing; and we think it glorious to excel
therein, while we count it base and immoral to fall into error, to
wander from the truth, to be ignorant, to be led astray. In this
pursuit, which is both natural and morally right, two errors are to
be avoided: first, we must not treat the unknown as known and too
readily accept it; and he who wishes to avoid this error (as <Off-19>
BOOK I. vi.- vii.
all should do) will devote both time and
attention 19 to the weighing of evidence.
The other error is that some people devote too much industry and too
deep study to matters that are obscure and difficult and useless as
well. {Prospero+} If these errors are
successfully avoided, all the labour and pains expended upon
problems that are morally right and worth the solving will be fully
rewarded. Such a worker in the field of astronomy, for example, was
Gaius Sulpicius, of whom we have heard; in mathematics, Sextus
Pompey, whom I have known personally; in dialectics, many; in civil
law, still more. All these professions are occupied with the search
after truth; but to be drawn by study away from active life is
contrary to moral duty. For the whole glory of virtue is in
activity; activity, however, may often be interrupted, and many
opportunities for returning to study are opened. Besides, the
working of the mind, which is never at rest, can keep us busy in the
pursuit of knowledge even without conscious effort on our part.
Moreover, all our thought and mental activity will be devoted either
to planning for things that are morally right and that conduce to a
good and happy life, or to the pursuits of science and learning.
With this we close the discussion of the first source of duty. 20
VII. Of the three remaining divisions, the most extensive in its
application is the principle by which society+ and what
we may call its "common bonds" are maintained. Of this again there
are two divisions - justice, in which is the crowning glory of the
virtues and on the basis of which men are called "good men"; and,
close akin to justice, <Off-21>
BOOK I. vii.
charity, which may also be called kindness
or generosity+. The first office of
justice is to keep one man from doing harm to another, unless
provoked by wrong; and the next is to lead men to use common
possessions for the common interests, private property+ for
their own. 21 There is, however, no such
thing as private ownership established by nature, but property
becomes private either through long occupancy (as in the case of
those who long ago settled in unoccupied territory) or through
conquest (is in the case of those who took it in war) or by due
process of law, bargain, or purchase, or by allotment. On this
principle the lands of Arpinum are said to belong to the Arpinates,
the Tusculan lands to the Tusculans; and similar is the assignment
of private property. Therefore, inasmuch as in each case some of
those things which by nature had been common property became the
property of individuals, each one should retain possession of that
which has fallen to his lot; and if anyone appropriates to himself
anything beyond that, he will be violating the laws of human
society. 22 But since, as Plato has
admirably expressed it, we are not born for ourselves alone, but our
country claims a share of our being, and our friends a share; and
since, as the Stoics hold, everything that the earth produces is
created for man's use; and as men, too, are born for the sake of
men, that they may be able mutually to help one another; in this
direction we ought to follow Nature as our guide, to contribute to
the general good by an interchange of acts of kindness, by giving
and receiving, and thus by <Off-23>
BOOK I. vii.- viii.
our skill, our industry, and our talents to
cement human society more closely together, man to man. {social_cement+} 23
The foundation of justice, moreover, is good_faith+; - that is, truth
and fidelity+ to promises and agreements. And
therefore we may follow the Stoics, who diligently investigate the
etymology of words; and we may accept their statement that "good
faith" is so called because what is promised is "made good,"
although some may find this derivation/a rather farfetched. There
are, on the other hand, two kinds of injustice - the one, on the
part of those who inflict wrong, the other on the part of those who,
when they can, do not shield from wrong those upon whom it is being
inflicted. For he who, under the influence of anger or some other
passion, wrongfully assaults another seems, as it were, to be laying
violent hands upon a comrade; but he who does not prevent or oppose
wrong, if he can, is just as guilty of wrong as if he deserted his
parents or his friends or his country. 24
Then, too, those very wrongs which people try to inflict on purpose
to injure are often the result of fear: that is, he who premeditates
injuring another is afraid that, if he does not do so, he may
himself be made to suffer some hurt. But, for the most part, people
are led to wrong-doing in order to secure some personal end; in this
vice, avarice is generally the controlling motive. 25 VIII. Again, men seekriches+ partly to
supply the needs of life, partly to secure the enjoyment of
pleasure. With those who cherish higher ambitions, the desire for
wealth is entertained with a view to power and influence and the
means of bestowing favours; Marcus Crassus, for example, not long
since <Off-25>
BOOK I. viii.
declared that no amount of wealth was enough
for the man who aspired to be the foremost citizen of the state,
unless with the income from it he could maintain an army. {magnificence+} Fine establishments and the
comforts of life in elegance and abundance also afford pleasure, and
the desire to secure it gives rise to the insatiable thirst for
wealth. Still, I do not mean to find fault with the accumulation of
property, provided it hurts nobody, but unjust acquisition of it is
always to be avoided. 26 The great majority of people, however, when
they fall a prey to ambition+ for
either military or civil authority, are carried away by it so
completely that they quite lose sight of the claims of justice. For
Ennius says:
There is no fellowship inviolate,
No faith is kept, when kingship+ is concerned; and the
truth of his words has an uncommonly wide application. For whenever
a situation is of such a nature that not more than one can hold
preeminence in it, competition for it usually becomes so keen that
it is an extremely difficult matter to maintain a "fellowship
inviolate." We saw this proved but now in the effrontery of Gaius
Caesar, who, to gain that sovereign power which by a depraved
imagination he had conceived in his fancy, trod underfoot all laws
of gods and men. But the trouble about this matter is that it is in
the greatest souls and in the most brilliant geniuses that we
usually find ambitions for civil and military authority, for power,
and for glory, springing; and therefore we must be the more heedful
not to go wrong in that direction. 27 But in
any case of injustice it makes a vast deal <Off-27>
BOOK I. vii.-ix.
of difference whether the wrong is done as a
result of some impulse of passion, which is usually brief and
transient, or whether it is committed wilfully and with
premeditation; for offences that come through some sudden impulse
are less culpable than those committed designedly and with malice
aforethought. But enough has been said on the subject of inflicting
injury. 28 IX. The motives for failure to prevent injury and so for
slighting duty are likely to be various: people either are reluctant
to incur enmity or trouble or expense; or through indifference,
indolence, or incompetence, or through some preoccupation or self-
interest they are so absorbed that they suffer those to be neglected
whom it is their duty to protect. And so there is reason to fear
that what Plato declares of the philosophers may be inadequate, when
he says that they are just because they are busied with the pursuit
of truth and because they despise and count as naught that which
most men eagerly seek and for which they are prone to do battle
against each other to the death. For they secure one sort of
justice, to be sure, in that they do no positive wrong to anyone,
but they fall into the opposite injustice; for hampered by their
pursuit of learning they leave to their fate those whom they ought
to defend. And so, Plato thinks, they will not even assume their
civic duties except under compulsion. But in fact it were better
that they should assume them of their own accord; for an action
intrinsically right is just only on condition that it is voluntary.
29 There are some also who, either from zeal
in attending to their own business or through some <Off-29>
BOOK I. ix.-x.
sort of aversion to their fellow- men, claim
that they are occupied solely with their own affairs, without
seeming to themselves to be doing anyone any injury. But while they
steer clear of the one kind of injustice, they fall into the other:
they are traitors to social life, for they contribute to it none of
their interest, none of their effort, none of their means. {Prospero+} Now
since we have set forth the two kinds of injustice and assigned the
motives that lead to each, and since we have previously established
the principles by which justice is constituted, we shall be in a
position easily to decide what our duty on each occasion is, unless
we are extremely self-centred; for 30 indeed
it is not an easy matter to be really concerned with other people's
affairs; and yet in Terence's play, we know, Chremes "thinks that
nothing that concerns man is foreign to him." {common+} Nevertheless, when things turn
out for our own good or ill, we realize it more fully and feel it
more deeply than when the same things happen to others and we see
them only, as it were, in the far distance; and for this reason we
judge their case differently from our own. It is, therefore, an
excellent rule that they give who bid us not to do a thing, when
there is a doubt whether it be right or wrong; for righteousness+ shines with a brilliance of
its own, but doubt is a sign that we are thinking of a possible
wrong. {PlainDealer+} 31 X. But occasions often arise, when those
duties which seem most becoming to the just man and to the "good
man," as we call him, undergo a change and take on a contrary
aspect. It may, for example, not be a duty to restore a trust or to
fulfil a promise, and it may become right and proper sometimes to
evade and not to observe what truth and honour <Off-31>
BOOK I. x.
would usually demand. For we may well be
guided by those fundamental principles of justice which I laid down
at the outset: first, that no harm be done to anyone; second, that
the common interests be conserved. When these are modified under
changed circumstances, moral duty also undergoes a change 32 and it
does not always remain the same. For a given promise or agreement
may turn out in such a way that its performance will prove
detrimental either to the one to whom the promise has been made or
to the one who has made it. If, for example, Neptune, in the drama,
had not carried out his promise to Theseus, Theseus would not have
lost his son Hippolytus; for, as the story runs, of the three
wishes/a that Neptune had promised to grant him the third was this:
in a fit of anger+ he prayed for
the death of Hippolytus, and the granting of this prayer plunged him
into unspeakable grief. Promises+ are, therefore, not to
be kept, if the keeping of them is to prove harmful to those to whom
you have made them; and, if the fulfilment of a promise should do
more harm to you than good to him to whom you have made it, it is no
violation of moral duty to give the greater good precedence over the
lesser good. For example, if you have made an appointment with
anyone to appear as his advocate in court, and if in the meantime
your son should fall dangerously ill, it would be no breach of your
moral duty to fail in what you agreed to do; nay, rather, he to whom
your promise was given would have a false conception of duty if he
should complain that he had been deserted in time of need. Further
than this, who fails to see that those promises are not binding
which are extorted by intimidation or which we make when <Off-33>
BOOK I. x.-xi.
misled by false pretences? Such obligations
are annulled in most cases by the praetor's edict in equity,/a in
some cases by the laws. 33 Injustice often
arises also through chicanery+,
that is, through an over-subtle and even fraudulent construction of
the law. This it is that gave rise to the now familiar saw, "More
law, less justice." Through such interpretation also a great deal of
wrong is committed in transactions between state and state; thus,
when a truce had been made with the enemy for thirty days, a famous
general/a went to ravaging their fields by night, because, he said,
the truce stipulated "days," not nights. Not even our own
countryman's action is to be commended, if what is told of Quintus
Fabius Labeo is true - or whoever it was (for I have no authority
but hearsay): appointed by the Senate to arbitrate a boundary
dispute between Nola and Naples, he took up the case and interviewed
both parties separately, asking them not to proceed in a covetous or
grasping spirit, but to make some concession rather than claim some
accession. When each party had agreed to this, there was a
considerable strip of territory left between them. And so he set the
boundary of each city as each had severally agreed; and the tract in
between he awarded to the Roman People. Now that is swindling, not
arbitration. And therefore such sharp practice is under all
circumstances to be avoided. XI. Again,
there are certain duties that we owe even to those who have wronged
us. For there is a limit to retribution and to punishment; or
rather, I am inclined to think, it is sufficient that the aggressor
should be brought to repent of his wrong- doing, in <Off-35>
BOOK I. xi.
order that he may not repeat the offence and
that others may be deterred from doing wrong. 34 Then, too, in the case of a state in its
external relations, the rights of war must be strictly observed. For
since there are two ways of settling a dispute: first, by
discussion; second; by physical force; and since the former is
characteristic of man, the latter of the brute, we must resort to
force only in case 35 we may not avail
ourselves of discussion. The only excuse, therefore, for going to
war is that we may live in peace unharmed; and when the victory is
won, we should spare those who have not been blood-thirsty and
barbarous in their warfare. For instance, our forefathers actually
admitted to full rights of citizenship the Tusculans, Acquians,
Volscians, Sabines, and Hernicians, but they razed Carthage and
Numantia to the ground. I wish they had not destroyed Corinth; but I
believe they had some special reason for what they did - its
convenient situation, probably - and feared that its very location
might some day furnish a temptation to renew the war. In my opinion,
at least, we should always strive to secure a peace that shall not
admit of guile. And if my advice had been heeded on this point, we
should still have at least some sort of constitutional government,
if not the best in the world, whereas, as it is, we have none at
all. Not only must we show consideration for those whom we have
conquered by force of arms but we must also ensure protection to
those who lay down their arms and throw themselves upon the mercy+ of our generals, even though the
battering-ram has hammered at their walls. And among our countrymen
justice has been observed so conscientiously in <Off-37>
BOOK I. xi.-xii.
this direction, that those who have given
promise of protection to states or nations subdued in war become,
after the custom of our forefathers, the patrons of those states.
36 As for war, humane laws touching it are
drawn up in the fetial code of the Roman People under all the
guarantees of religion; and from this it may be gathered that no war
is just, unless it is entered upon after an official demand for
satisfaction has been submitted or warning has been given and a
formal declaration made. Popilius was general in command of a
province. In his army Cato's son was serving on his first campaign.
When Popilius decided to disband one of his legions, he discharged
also young Cato, who was serving in that same legion. But when the
young man out of love for the service stayed on in the field, his
father wrote to Popilius to say that if he let him stay in the army,
he should swear him into service with a new oath of allegiance, for
in view of the voidance of his former oath he could not legally
fight the foe. So extremely scrupulous was the observance of the
laws in regard to the 37 conduct of war. There is extant, too, a
letter of the elder Marcus Cato to his son Marcus, in which he
writes that he has heard that the youth has been discharged by the
consul,/a when he was serving in Macedonia in the war with Perseus.
He warns him, therefore, to be careful not to go into battle; for,
he says, the man who is not legally a soldier has no right to be
fighting the foe. XII. This also I observe - that he who would
properly have been called "a fighting enemy" (perduyellis) was
called "a guest" (hostis+), thus relieving the ugliness of
the fact by a softened expression; for "enemy" (hostis) meant to our
an- <Off-39>
BOOK I. xii.
cestors what we now call "stranger
"(peregrinus). This is proved by the usage in the Twelve Tables: "Or
a day fixed for trial with a stranger" (hostis). And again: "Right
of ownership is inalienable for ever in dealings with a stranger"
(hostis). What can exceed such charity, when he with whom one is at
war is called by so gentle a name? And yet long lapse of time has
given that word a harsher meaning: for it has lost its signification
of "stranger" and has taken on the technical connotation of "an
enemy under arms." 38 But when a war is
fought out for supremacy and when glory is the object of war, it
must still not fail to start from the same motives which I said a
moment ago were the only righteous grounds for going to war. But
those wars which have glory for their end must be carried on with
less bitterness. For we contend, for example, with a fellow-citizen
in one way, if he is a personal enemy, in another, if he is a rival:
with the rival it is a struggle for office and position, with the
enemy for life and honour. So with the Celtiberians and the
Cimbrians we fought as with deadly enemies, not to determine which
should be supreme, but which should survive; but with the Latins,
Sabines, Samnites, Carthaginians, and Pyrrhus we fought for
supremacy. The Carthaginians violated treaties; Hannibal was cruel;
the others were more merciful. From Pyrrhus we have this famous
speech on the exchange of prisoners:
"Gold will I none, nor price
shall ye give; for I ask none; Come, let
us not be chaff'rers of war, but warriors embattled. Nay; let us venture our lives, and the sword,
not gold, weigh the outcome. <Off-41>
BOOK I. xii.-xiii.
Make we the trial by valour in
arms and see if Dame Fortune Wills it
that ye shall prevail or I, or what be her judgment. Hear thou, too, this word, good Fabricius:
whose valour soever Spared hath been by
the fortune of war - their freedom I grant them. Such my resolve. I give and present them to
you, my brave Romans; Take them back to
their homes; the great gods' blessings attend you." A
right kingly sentiment this and worthy a scion of the Aeacidae. 39 XIII. Again, if under stress of circumstance
individuals have made any promise to the enemy, they are bound to
keep their word even then. For instance, in the First Punic War,
when Regulus was taken prisoner by the Carthaginians, he was sent to
Rome on parole to negotiate an exchange of prisoners; he came and,
in the first place, it was he that made the motion in the Sen ate
that the prisoners should not be restored; and in the second place,
when his relatives and friends would have kept him back, he chose to
return to a death by torture rather than prove false to his promise,
though given to an enemy. 40 And again in
the Second Punic War, after the Battle of Cannae, Hannibal sent to
Rome ten Roman captives bound by an oath to return to him, if they
did not succeed in ransoming his prisoners; and as long as any one
of them lived, the censors kept them all degraded and disfranchised,
because they were <Off-43>
BOOK I. xiii.
guilty of perjury in not returning. And they
punished in like manner the one who had incurred guilt by an evasion
of his oath: with Hannibal's permission this man left the camp and
returned a litttle later on the pretext that he had forgotten
something or other; and then, when he left the camp the second time,
he claimed that he was released from the obligation of his oath; and
so he was, according to the letter of it, but not according to the
spirit. In the matter of a promise one must always consider the
meaning and not the mere words. Our forefathers have given us
another striking example of justice toward an enemy: when a deserter
from Pyrrhus promised the Senate to administer poison to the king
and thus work his death, the Senate and Gaius Fabricius delivered
the deserter up to Pyrrhus. Thus they stamped with their disapproval
the treacherous murder even of an enemy who was at once powerful,
unprovoked, aggressive, and successful. 41
With this I will close my discussion of the duties connected with
war. But let us remember that we must have regard for justice even
towards the humblest. Now the humblest station and the poorest
fortune are those of slaves; and they give us no bad rule who bid us
treat our slaves+ as we should our employees: they
must be required to work; they must be given their dues. While wrong
may be done, then, in either of two ways, that is, by force or by
fraud, both are bestial: fraud seems to belong to the cunning fox,
force to the lion; both are wholly unworthy of man, but fraud is the
more contemptible. But of all forms of <Off-45>
BOOK I. xiii.-xiv. injustice, none is more flagrant than that of
thehypocrite+ who, at the very moment when he
is most false, makes it his business to appear virtuous. This must
conclude our discussion of justice. 42 XIV. Next in order, as
outlined above, let us speak of kindness and generosity. Nothing
appeals more to the best in human nature than this, but it calls for
the exercise of caution in many particulars: we must, in the first
place, see to it that our act of kindness shall not prove an injury
either to the object of our beneficence or to others; in the second
place, that it shall not be beyond our means; and finally, that it
shall be proportioned to the worthiness of the recipient; for this
is the corner-stone of justice; and by the standard of justice all
acts of kindness must be measured. For those who confer a harmful
favour upon someone whom they seemingly wish to help are to be
accounted not generous benefactors but dangerous sycophants; and
likewise those who injure one man, in order to be generous to
another, are guilty of the same injustice as if they diverted to
their own accounts the property of their neighbours. 43 Now, there are many - and especially those
who are ambitious for eminence and glory - who rob one to enrich
another; and they expect to be thought generous towards their
friends, if they put them in the way of getting rich, no matter by
what means. Such conduct, however, is so remote from moral duty that
nothing can be more completely opposed to duty. We must, therefore,
take care to indulge only in such liberality as will help our
friends and hurt no one. The conveyance of property by Lucius Sulla
and Gaius Caesar from its rightful owners to <Off-47>
BOOK I. xiv.-xv.
the hands of strangers should, for that
reason, not be regarded as generosity; for nothing is generous if it
is not at the same time, just. 44 The
second point for the exercise of caution was that our beneficence
should not exceed our means; for those who wish to be more
open-handed than their circumstances permit are guilty of two
faults: first they do wrong to their next of kin; for they transfer
to strangers property which would more justly be placed at their
service or bequeathed to them. And second, such generosity too often
engenders a passion for plundering and misappropriating property, in
order to supply the means for making large gifts. We may also
observe that a great many people do many things that seem to be
inspired more by a spirit of ostentation than by heart-felt
kindness; for such people are not really generous but are rather
influenced by a sort of ambition to make a show of being
open-handed. Such a pose is nearer akin to hypocrisy than to
generosity or moral goodness. 45 The third
rule laid down was that in acts of kindness we should weigh with
discrimination the worthiness of the object of our benevolence; we
should take into consideration his moral character, his attitude
toward us, the intimacy of his relation to us, and our common social
ties, as well as the services he has hitherto rendered in our
interest. It is to be desired that all these considerations should
be combined in the same person; if they are not, then the more
numerous and the more important considerations must have the greater
weight. 46 XV. Now, the men we live with
are not perfect <Off-49>
BOOK I. xv.
and ideally wise, but men who do very well,
if there be found in them but the semblance of virtue. I therefore
think that this is to be taken for granted that no one should be
entirely neglected who shows any trace of virtue; but the more a man
is endowed with these finer virtues - temperance, self-control, and
that very justice about which so much has already been said-the more
he deserves to be favoured. I do not mention fortitude, for a
courageous spirit in a man who has not attained perfection and ideal
wisdom is generally too impetuous; it is those other virtues that
seem more particularly to mark the good man. So much in regard to
the character of the object of our beneficence. 47 But as to the
affection which anyone may have for us, it is the first demand of
duty that we do most for him who loves us most; but we should
measure affection, not like youngsters, by the ardour of its
passion, but rather by its strength and constancy {PlainDealer+}. But if there shall
be obligations already incurred, so that kindness is not to begin
with us, but to be requited, still greater diligence, it seems, is
called for; for no duty is more imperative that that of proving
one's gratitude+. 48 But if, as Hesiod bids, one is to repay with
interest, if possible, what one has borrowed in time of need, what,
pray, ought we to do when challenged by an unsought kindness? Shall
we not imitate the fruitful fields, which return more than they
receive? For if we do not hesitate to confer favours upon those who
we hope will be of help to us, how ought we to deal with those who
have already helped us? For generosity is of two kinds: doing <Off-51>
BOOK I. xv.-xvi.
a kindness and requiting one. Whether we do
the kindness or not is optional; but to fail to requite one is not
allowable to a good man, provided he can make the requital without
violating the rights of others. 49
Furthermore, we must make some discrimination between favours+ received; for, as a matter of
course the greater the favour, the greater is the obligation. But in
deciding this we must above all give due weight to the spirit, the
devotion, the affection that prompted the favour. For many people
often do favours impulsively for everybody without discrimination,
prompted by a morbid sort of benevolence or by a sudden impulse of
the heart, shifting the wind. Such acts of generosity are not to be
so highly esteemed as those which are performed with judgment
deliberation, and mature consideration. But in bestowing a kindness,
as well as in making a requital, the first rule of duty requires us
- other things being equal - to lend assistance preferably to people
in proportion to their individual need. Most people adopt the
contrary course: they put themselves most eagerly at the service of
the one from whom they hope to receive the greatest favours even
though he has no need of their help. 50 XVI. The interests of
society, however, and its common bonds will be best conserved, if
kindness be shown to each individual in proportion to the closeness
of his relationship. But it seems we must trace back to their
ultimate sources the principles of fellowship and society that
Nature has established among men. The first principle is that which
is found in the connection subsisting between all the members of the
human race; <Off-53>
BOOK I. xiv.
and that bond of connection is reason and
speech, which by the processes of teaching and learning, of
communicating, discussing, and reasoning associate men together and
unite them in a sort of natural fraternity. In no other particular
are we farther removed from the nature of beasts; for we admit that
they may have courage (horses and lions, for example); but we do not
admit that they have justice, equity, and goodness; for they are not
endowed with reason or speech. 51 This, then, is the most
comprehensive bond that unites together men as men and all to all;
and under it the common right to all things that Nature has produced
for the common+ use of man is to be
maintained, with the understanding that, while everything assigned
as private property by the statutes and by civil law shall be so
held as prescribed by those same laws, everything else shall be
regarded in the light indicated by the Greek proverb: "Amongst
friends all things in common."/a Furthermore, we find the common property of all
men in things of the sort defined by Ennius; and, though restricted
by him to one instance, the principle may be applied very generally:
Who kindly sets a wand'rer on his
way Does e'en as if he lit another's lamp
by his: No less shines his, when he his
friend's hath lit. In this example he effectively
teaches us all to bestow even upon a stranger what it costs us
nothing to give. 52 On this principle we
have the following maxims: "Deny no one the water that flows by;"
"Let anyone who will take fire from our fire;" "Honest counsel give
to one who is in doubt;" {Lear+} -- a Plato, Phaedr. 279C; Aristotle, Eth. VIII,
11; {2DRY 198- quotes Ovid Met] <Off-55>
BOOK I. xvi.-xvii.
for such acts are useful to the recipient
and cause the giver no loss. We should, therefore, adopt these
principles and always be contributing something to the common weal.
But since the resources of individuals are limited and the number of
the needy is infinite, this spirit of universal liberality must be
regulated according to that test of Ennius - "No less shines his" -
in order that we may continue to have the means for being generous
to our friends. 53 XVII. Then, too, there are a great many degrees
of closeness or remoteness in human society. To proceed beyond the
universal bond of our common humanity, there is the closer one of
belonging to the same people, tribe, and tongue, by which men are
very closely bound together; it is a still closer relation to be
citizens of the same city-state; for fellow-citizens have much in
common -forum, temples colonnades, streets, statutes, laws, courts,
rights of suffrage, to say nothing of social and friendly circles
and diverse business relations with many. But a still closer social
union exists between kindred. Starting with that infinite bond of
union of the human race in general, the conception is now confined
{family+} 54 to a small and narrow circle.
For since the reproductive instinct is by Nature's gift the common
possession of all living creatures, the first bond of union is that
between husband and wife; the next, that between parents and
children; then we find one home, with everything in common. And this
is the foundation of civil government, the nursery, as it were, of
the state. Then follow the bonds between brothers and sisters, and
next those of first and then of second cousins; and when they can no
longer be sheltered under one roof, they go out into other <Off-57>
BOOK I. xvii.
homes, as into colonies. Then follow between
these in turn, marriages and connections by marriage, and from these
again a new stock of relations; and from this propagation and
after-growth states have their beginnings. The bonds of common blood
hold men 55 fast through good-will and affection; for it means much
to share in common the same family traditions the same forms of
domestic worship, and the same ancestral tombs. But of all the bonds
of fellowship, there is none more noble, none more powerful than
when good men of congenial character are joined in intimate friendship+; for really, if we
discover in another that moral goodness on which I dwell so much, it
attracts us and makes us friends to the one in whose character 56 it seems to dwell. And while every virtue
attracts us and makes us love those who seem to possess it, still
justice and generosity do so most of all. Nothing, moreover, is more
conducive to love and intimacy than compatibility of character in
good men; for when two people have the same ideals and the same
tastes, it is a natural consequence that each loves the other as
himself; and the result is, as Pythagoras requires of ideal
friendship, that several are united in one. {Portia+} Another strong bond of
fellowship is effected by mutual interchange of kind services; and
as long as these kindnesses are mutual and acceptable, those between
whom they are interchanged are united by the ties of an enduring
intimacy. {Granville+} 57 But
when with a rational spirit you have surveyed the whole field, there
is no social relation among them all more close, none more close,
none more dear than that which links each one of us with our country+. Parents <Off-59>
BOOK I. xxvii.-xviii.
are dear; dear are children, relatives,
friends; one native land embraces all our loves; and who that is
true would hesitate to give his life for her, if by his death he
could render her a service? So much the more execrable are those
monsters who have torn their fatherland to pieces with every form of
outrage and who are/a and have been/b engaged in compassing her
utter destruction. 58 Now, if a contrast
and comparison were to be made to find out where most of our moral
obligation is due, country would come first, and parents; for their
services have laid us under the heaviest obligation; next come
children and the whole family, who look to us alone for support and
can have no other protection; finally, our kinsmen, with whom we
live on good terms and with whom, for the most part, our lot is one.
All needful material assistance is, therefore, due first of all to
those whom I have named; but intimate relationship of life and
living, counsel, conversation, encouragement, comfort, and sometimes
even reproof flourish best in friendships. And that friendship is
sweetest which is cemented by congeniality of character. 59 XVIII But in the performance of all these
duties we shall have to consider what is most needful in each
individual case and what each individual person can or cannot
procure without our help. In this way we shall find that the claims
of social relation,hip, in its various degrees, are not identical
with the the dictates of circumstances; for there are obligations
that are due to one individual rather than to another: for
example, one would sooner assist a neighbour in gathering his
harvest than either <Off-61>
BOOK I. xviii.
a brother or a friend; but should it be a
caes in court, one would defend a kinsman and a friend rather than a
neighbour. Such questions as these must, therefore, be taken into
consideration in every act of moral duty [and we must acquire the
habit and keep it up], in order to become good calculators of duty,
able by adding and subtracting to strike a balance correctly and
find out just how much is due to each individual. 60 But as neither
physicians nor generals nor orators can achieve any signal success
without experience and practice, no matter how well they may
understand the theory of their profession, so the rules for the
discharge of duty are formulated, it is true, as I am doing now, but
a matter of such importance requires experience also and practice.
This must close our discussion of the ways in which moral goodness,
on which duty depends, is developed from those principles which hold
good in human society. 61 We must realize, however, that while we
bave set down four cardinal virtues from which as sources moral
rectitude and moral duty emanate, that achievement is most glorious
in the eyes of the world which is won with a spirit great, exalted,
and superior to the vicissitudes of earthly life. And so, when we
wish to hurl a taunt, the very first to rise to our lips is, if
possible, something like this:
"For ye, young men, show a womanish+ soul,
yon maiden a man's;"
and this:
"Thou son of Salmacis, win spoils
that cost nor sweat nor blood." <Off-63>
BOOK I. xviii.- xix.
When, on the other hand, we wish to pay a
compliment, we somehow or other praise in more eloquent strain the
brave and noble work of some great soul. Hence there is an open
field for orators on the subjects of Marathon, Salamis, Plataea, Thermopylae, and Leuctra, and hence
our own Cocles, the Decii, Gnaeus and Publius Scipio, Marcus
Marcellus, and countless others, and, above all, the Roman People as
a nation are celebrated for greatness of spirit. Their passion for
military glory, moreover, is shown in the fact that we see their
statues usually in soldier's garb. 62 XIX.
But if the exaltation of spirit seen in times of danger and toil is
devoid of justice and fights for selfish ends instead of for the
common good, it is a vice; for not only has it no element of virtue,
but its nature is barbarous and revolting to all our finer feelings.
The Stoics, therefore, correctly define courage as "that virtue
which champions the cause of right." Accordingly, no one has
attained to true glory who has gained a reputation for courage by
treachery and cunning; for nothing that lacks justice can be morally
right. 63 This, then, is a fine saying of
Plato's: "Not only must all knowledge that is divorced from justice
be called cunning rather than wisdom," he says, "but even the
courage that is prompt to face danger, if it is inspired not by
public spirit, but by its own selfish purposes, should have the name
of effrontery rather than of courage." And so we demand that men who
are courageous and high-souled shall at the same time be good and
straightforward, lovers of truth, and foes to deception; for these
qualities are the centre and soul of justice. <Off-65>
BOOK I. xix.
64 But the mischief is that from this
exaltation and greatness of spirit spring all too readily self-will
and excessive lust for power. For just as Plato tells us that the
whole national character of the Spartans was on fire with passion
for victory, so, in the same way, the more notable a man is for his
greatness of spirit, the more ambitious he is to be the foremost
citizen, or, I should say rather, to be sole ruler. But when one
begins to aspire to pre-eminence, it is difficult to preserve that
spirit of fairness which is absolutely essential to justice. The
result is that such men do not allow themselves to be constrained
either by argument or by any public and lawful authority; but they
only too often prove to be bribers and agitators in public life,
seeking to obtain supreme power and to be superiors through force
rather than equals through justice. But the greater the difficulty,
the greater the glory; for no occasion arises that can excuse a man
for being guilty of injustice. {Hotspur+} 65 So then, not those
who do injury but those who prevent it are to be considered brave
and courageous. Moreover, true and philosophic greatness of spirit
regards the moral goodness to which Nature most aspires as
consisting in deeds, not in fame, and prefers to be first in reality
rather than in name. And we must approve this view; for he who
depends upon the caprice of the ignorant rabble cannot be numbered
among the great. Then, too, the higher a man's ambition, the more
easily he is tempted to acts of injustice by his desire for fame. We
are now, to be sure, on very slippery ground; for scarcely can the
man be found who has passed through trials and encountered dangers
and does not then wish for glory as a reward for his achievements.
<Off-67>
BOOK I. xx.
66 XX. The soul that is altogether
courageous and great is marked above all by two characteristics: one
of these is indifference to outward circumstances; for such a person
cherishes the conviction that nothing but moral goodness and
propriety deserves to be either admired or wished for or striven
after, and that he ought not to be subject to any man or any passion+ or any accident+
of fortune+. The second
characteristic is that, when the soul is disciplined in the way
above mentioned, one should do deeds not only great and in the
highest degree useful, but extremely arduous and laborious and
fraught with danger both to life and to many things that make life
worth living. 67 All the glory and
greatness and, I may add, all the usefulness of these two
characteristics of courage are centred in the latter; the rational
cause that makes men great, in the former. For it is the former that
contains the element that makes souls pre- eminent and indifferent
to worldly fortune. And this qualitity is distinguished by two
criteria: (1) if one account moral rectitude as the only good; and
(2) if one be free from all passion. For we must agree that it takes
a brave and heroic soul to hold as slight what most people think
grand and glorious, and to disregard it from fixed and settled
principles. And it requires strength of character and great
singlenesss of purpose to bear what seems painful, as it comes to
pass in many and various forms in human life, and to bear it so
unflinchingly as not to be shaken in the least from one's natural
state of the dignity of a 68 philosopher.
{stoicism+} Moreover, it would be
inconsistent for the man who is not overcome by fear to be overcome
by desire, or for the man who has shown himself invincible to toil
to be conquered by pleasure. We <Off-69>
BOOK I. xx.-xxi.
must, therefore, not only avoid the latter,
but also beware of ambition for wealth; for there is nothing so
characteristic of narrowness and littleness of soul as the love of
riches; and there is nothing more honourable and noble than to be
indifferent to money, if one does not possess it, and to devote it
to beneficence and liberality+, if
one does possess it. As I said before, we must also beware of
ambition for glory; for it robs us of liberty+, and
in defence of liberty a high-souled man should stake everything. And
one ought not to seek military authority; nay, rather it ought
sometimes to be declined,/a sometimes to be resigned./b 69 Again, we must keep ourselves free from
every disturbing emotion, not only from desire and fear, but also
from excessive pain and pleasure, and from anger+, so that we may enjoy that
calm of soul and freedom from care which bring both moral stability
and dignity of character. But there have been many and still are
many who, while pursuing that calm of soul of which I speak, have
withdrawn from civic duty and taken refuge in retirement. Among such
have been found the most famous and by far the foremost
philosophers/c and certain other/d earnest, thoughtful men who could
not endure the conduct of either the people or their leaders; some
of them, too, lived in the country and found their pleasure in the
manage- 70 ment of their private estates.
Such men have had the same aims as kings - to suffer no want, to be
subject to no authority, to enjoy their liberty, that is, in its
essence, to live just as they please. XXI.
So, while this desire is common to men of political ambitions and
men of retirement, of whom I have just spoken, the one class think
they can <Off-71>
BOOK I. xxi.
attain their end if they secure large means;
the other, if they are content with the little they have. And, in
this matter, neither way of thinking is altogether to be condemned;
but the life of retirement is easier and safer and at the same time
less burdensome or troublesome to others, while the career of those
who apply themselves to statecraft and to conducting great
enterprises is more profitable to mankind and contributes more to
their own greatness and renown. 71 So
perbaps those men of extraordinary genius who have devoted
themselves to learning must be excused for not taking part in public
affairs; likewise, those who from ill-health or for some still more
valid reason have retired from the service of the state and left to
others the opportunity and the glory of its administration. But if
those who have no such excuse profess a scorn for civil and military
offices, which most people admire, I think that this should be set
down not to their credit but to their discredit; for in so far as
they care little, as they say, for glory and count it as naught, it
is difficult not to sympathize with their attitude; in reality
however, they seem to dread the toil and trouble and also, perhaps,
the discredit and humiliation of political failure and defeat. {Prospero+} For there are people
who in opposite circumstances do not act consistently: they have the
utmost contempt for pleasure but in pain they are too sensitive;
they are indifferent to glory, but they are crushed by disgrace and
even in their inconsistency they show no great consistency. 72 But those whom Nature has endowed with the
capacity for administering public affairs should put <Off-73>
BOOK I. xxi.- xxii.
aside all hesitation, enter the race for
public office and take a hand in directing the government; for in no
other way can a government be administered or greatness of spirit be
made manifest. Statesmen too, no less than philosophers - perhaps
even more so -should carry with them that greatness of spirit and
indifference to outward circumstances to which I so often refer,
together with calm of soul and freedom from care, if they are to be
free from worries 73 and lead a dignified and self-consistent life.
This is easier for the philosophers; as their life is less exposed
to the assaults of fortune, their wants are fewer; and, if any
misfortune overtakes them, their fall is not so disastrous. Not
without reason, therefore, are stronger emotions aroused in those
who engage in public life than in those who live in retirement, and
greater is their ambition for success; the more, therefore, do they
need to enjoy greatness of spirit and freedom from annoying cares.
If anyone is entering public life, let him beware of thinking only
of the honour that it brings; but let him be sure also that he has
the ability to succeed. At the same time, let him take care not to
lose heart too readily through discouragement nor yet to be
over-confident through ambition. In a word, before undertaking any
enterprise, careful preparation must be made. 74 XXII. Most people think that the
achievements of war are more important than those of peace; but this
opinion needs to be corrected. For many men have sought occasions
for war from the mere ambition for fame. This is notably the case
with men of great spirit and natural ability, and it is the more
likely to happen, if they are adapted to a soldier's <Off-75>
BOOK I. xxii.
life and fond of warfare. But if we will
face the facts, we shall find that there have been many instances of
achievement in peace more important and no less renowned than in
war. 75 However highly Themistocles, for
example, may be extolled - and deservedly - and however much more
illustrious his name may be than Solon's, and however much Salamis
may be cited as witness of his most glorious victory - a victory
glorified above Solon's statesmanship in instituting the Areopagus
-yet Solon's achievement is not to be accounted less illustrious
than his. For Themistocles's victory served the state once and only
once; while Solon's work will be of service for ever. For through
his legislation the laws of the Athenians and the institutions of
their fathers are maintained. And while Themistocles could not
readily point to any instance in which he himself had rendered
assistance to the Areopagus, the Areopagus might with justice assert
that Themistocles had received assistance from it; for the war was
directed by the counsels of that senate which Solon had created. 76
The same may be said of Pausanias and Lysander. Although it is
thought that it was by their achievements that Sparta gained her
supremacy, yet these are not even remotely to be compared with the
legislation and discipline of Lycurgus. Nay, rather, it was due to
these that Pausanias and Lysander had armies so brave and so well
disciplined. For my own part, I do not consider that Marcus Scaurus
was inferior to Gaius Marius, when I was a lad, or Quintus Cattilus
to Gnaeus Pompey, when I was engaged in public life. For arms are of
little value in the field unless there is wise counsel at home. So,
too,
<Off-77>
BOOK I. xxii.
Africanus, though a great man and a soldier
of extraordinary ability, did no greater service to the state by
destroying Numantia than was done at the same time by Publius
Nasica, though not then clothed with official authority, by removing
Tiberius Gracchus. This deed does not, to be sure, belong wholly to
the domain of civil affairs; it partakes of the nature of war also,
since it was effected by violence; but it was, for all that,
executed as a political measure without the help of an army. 77 The
whole truth, however, is in this verse, against which, I am told,
the malicious and envious are wont to rail:
Yield, ye arms, to the toga; to
civic praises,/a ye laurels."/b Not to mention other
instances, did not arms yield to the toga, when I was at the helm of
state? For never was the republic in more serious peril, never was
peace more profound. Thus, as the result of my counsels and my
vigilance, their weapons slipped suddenly from the hands of the most
desperate traitors - dropped to the ground of their own accord! What
achievement in war, then, was ever so great 78 What triumph can be compared with that? For
I may boast to you, my son Marcus; for to you belong the inheritance
of that glory of mine and the duty of imitating my deeds. And it was
to me, too, that Gnaeus Pompey, a hero crowned with the honour of
war, paid this tribute in the hearing of many, when he said that his
third triumph would have been gained in vain, if he were not to have
through my services to the state a place in which to celebrate
it. There are, therefore, instances of civic courage <Off-79>
BOOK I. xxii.- xxiii.
that are not inferior to the courage of the
soldier. Nay, the former calls for even greater energy and greater
devotion than the latter. 79 XXIII. That
moral goodness which we look for in a lofty, high-minded spirit is
secured, of course, by moral, not by physical, strength. And yet the
body must be trained and so discliplined that it can obey the
dictates of judgment and reason in attending to business and in
enduring toil. But that moral goodness which is our theme depends
wholly upon the thought and attention given to it by the mind. And,
in this way, the men who in a civil capacity direct the affairs of
the nation render no less important service than they who conduct
its wars: by their statesmanship oftentimes wars are either averted
or terminated; sometimes also they are declared. Upon Marcus Cato's
counsel, for example, the Third Punic War was undertaken, and in its
conduct his influence 80 was dominant, even after he was dead. And
so diplomacy in the friendly settlement of controversies is more
desirable than courage in settling them on the battlefield; but we
must be careful not to take that course merely for the sake of
avoiding war rather than for the sake of public expediency. War,
however, should be undertaken in such a way as to make it evident
that it has no other object than to secure peace. But it takes a
brave and resolute spirit not to be disconcerted in times of
difficulty or ruffled and thrown off one's feet, as the saying is,
but to keep one's presence of mind and one's self-possession and not
to swerve from the path of reason. 81 Now
all this requires great personal courage; but it calls also for
great intellectual ability by reflection <Off-81>
BOOK I, xxiii.-xxiv.
to anticipate the future, to discover some
time in advance what may happen whether for good or for ill, and
what must be done in any possible event, and never to be reduced to
having to say, "I had not thought of that." These are the activities
that mark a spirit strong, high, and self-reliant in its prudence
and wisdom. But to mix rashly in the fray and to fight hand to hand
with the enemy is but a barbarous and brutish kind of business. Yet
when the stress of circumstances demands it, we must gird on the
sword and prefer death to slavery and disgrace. 82 XXIV. As to
destroying and plundering cities, let me say that great care should
be taken that nothing be done in reckless cruelty or wantonness. And
it is great man's duty in troublous times to single out the guilty
for punishment, to spare the many, and in every turn of fortune to
hold to a true and honourable course. {PlainDealer+} For whereas there
are many, as I have said before, who place the achievements of war
above those of peace, so one may find many to whom adventurous,
hot-headed counsels seem more brilliant and more impressive than
calm and well-considered measures. {Hotspur+} 83 We must, of course, never be guilty of
seeming cowardly and craven in our avoidance of danger; but we must
also beware of exposing ourselves to danger needlessly. Nothing can
be more foolhardy than that. Accordingly, in encountering danger we
should do as doctors do in their practice: in light cases of illness
they give mild treatment; in cases of dangerous sickness they are
compelled to apply hazardous and even desperate remedies. It is,
therefore, only a madman who, in a calm, would pray <Off-83>
BOOK I. xxiv.
for a storm; a wise man's way is, when the
storm does come, to withstand it with all the means at his command,
and especially, when the advantages to be expected in case of a
successful issue are greater than the hazards of the struggle. The
dangers attending great affairs of state fall sometimes upon those
who undertake them, sometimes upon the state. In carrying out such
enterprises, some run the risk of losing their lives, others their
reputation and the good-will of their fellow-citizens. It is our
duty, then, to be more ready to endanger our own than the public
welfare and to hazard honour and glory more readily than other
advantages./a 84 Many, on the other hand,
have been found who were ready to pour out not only their money but
their lives for their country and yet would not consent to make even
the slightest sacrifice of personal glory - even though the
interests of their country demanded it. For example, when
Callicratidas, as Spartan admiral in the Peloponnesian War, had won
many signal successes, he spoiled everything at the end by refusing
to listen to the proposal of those who thought he ought to withdraw
his fleet from the Arginusae and not to risk an engagement with the
Athenians. His answer to them was that "the Spartans could build
another fleet, if they lost that one, but he could not retreat
without dishonour to himself." And yet what he did dealt only a
slight blow to Sparta; there was another which proved disastrous,
when Cleombrotus in fear of criticism recklessly went into battle
against Epaminondas. In consequence of that, the Spartan power fell.
<Off-85>
BOOK I. xxiv.-xxv.
How much better was the conduct of Quintus
Maximus! Of him Ennius says: One man - and he alone - restored our
state by delaying. Not in the least did fame with him take
precedence of safety; Therefore now does his glory shine bright, and
it grows ever brighter. This sort of offence must be avoided no less
in political life. For there are men who for fear of giving offence
do not dare to express their honest opinion, no matter how
excellent. 85 XXV. Those who propose to
take charge of the affairs of government should not fail to remember
two of Plato's rules: first, to keep the good of the people so
clearly in view that regardless of their own interests they will
make their every action conform to that; second, to care for the
welfare of the whole body politic and not in serving the interests
of some one party to betray the rest. For the administration of the
government, like the office of a trustee+ must
be conducted for the benefit of those entrusted to one's care, not
of those to whom it is entrusted. Now, those who care for the
interests of a part of the citizens and neglect another part,
introduce into the civil service a dangerous element - dissension
and party strife. The result is that some are found to be loyal
supporters of the democratic, others of the aristocratic party, and
few of the nation as a whole. 86 As a result of this party spirit
bitter strife arose at Athens,/b and in our own country not only
dissensions/c but also disastrous civil wars/d broke out. <Off-87>
BOOK I. xxv. All this the citizen who is patriotic, brave, and
worthy of a leading place in the state will shun with abhorrence; he
will dedicate himself unreservedly to his country+,
without aiming at influence or power for himself; and he will devote
himself to the state in its entirety in such a way as to further the
interests of all. Besides, he will not expose anyone to hatred or
disrepute by groundless charges. but he will surely cleave to
justice and honour so closely that he will submit to any loss,
however heavy, rather than be untrue to them, and will face death
itself rather than renounce them. 87 A most wretched custom,
assuredly, is our electioneering and scrambling for office.
Concerning this also we find a fine thought in Plato: "Those who
compete against one another," he says, "to see which of two
candidates shall administer the government, are like sailors
quarrelling as to which one of them shall do the steering." And he
likewise lays down the rule that we should regard only those as
adversaries who take up arms against the state, not those who strive
to have the government administered according to their convictions.
This was the spirit of the disagreement between Publius Africanus
and Quintus Metellus: there was in it no trace of rancour. 88 Neither must we listen to those who think
that one should indulge in violent anger against one's political
enemies and imagine that such is the attitude of a great-spirited,
brave man. For nothing is more commendable, nothing more becoming in
a pre-eminently great man than courtesy and forbearance. Indeed, in
a free people, where all enjoy equal rights before the law, we <Off-89>
BOOK I. XXV.-XXVI. must school ourselves to
affability and what is called "mental poise";/a for if we are
irritated when people intrude upon us at unseasonable hours or make
unreasonable requests, we shall develop a sour, churlish temper,
prejudicial to ourselves and offensive to others. And yet gentleness
of spirit and forbearance are to be commended only with the
understanding that strictness may be exercised for the good of the
state; for without that, the government cannot be well administered.
On the other hand, if punishment or correction must be administered,
it need not be insulting; it ought to have regard to the welfare of
the state, not to the personal satisfaction of the man who
administers the punishment or reproof. 89
We should take care also that the punishment shall not be out of
proportion to the offence, and that some shall not be chastised for
the same fault for which others are not even called to account. In
administering punishment it is above all necessary to allow no trace
of anger+. For if any one proceeds in
a passion+ to inflict punishment, he
will never observe that happy mean which lies between excess and
defect. This doctrine of the mean is approved by the Peripatetics+ and wisely approved, if only
they did not speak in praise of anger and tell us that it is a gift
bestowed on us by Nature for a good purpose. But, in reality, anger
is in every circumstance to be eradicated; and it is to be desired
that they who administer the government should be like the laws,
which are led to inflict punishment not by wrath but by justice. 90 XXVI. Again, when fortune smiles and the
stream of life flows according to our wishes, let us diligently <Off-91>
BOOK I. xxvii.
avoid all arrogance, haughtiness, and pride.
For it is as much a sign of weakness to give way to one's feelings
in success as it is in adversity. But it is a fine thing to keep an
unruffled temper, an unchanging mien, and the same cast of
countenance in every condition of life; this, history tells us, was
characteristic of Socrates and no less of Gaius Laelius. Philip,
king of Macedon, I observe, however surpassed by his son in
achievements and fame, was superior to him in affability and
refinement. Philip, accordingly, was always great; Alexander, often
infamously bad. There seems to be sound advice, therefore, in this
word of warning: "The higher we are placed, the more humbly should
we walk." Panaetius tells us that Africanus, his pupil and friend,
used to say: "As, when horses have become mettlesome and
unmanageable on account of their frequent participation in battles,
their owners put them in the hands of trainers to make them more
tractable; so men, who through prosperity have become restive and
over self-confident, ought to be put into the training-ring, so to
speak, of reason and learning, that they may be brought to
comprehend the frailty of human affairs and the fickleness
of fortune+." 91 The
greater our prosperity, moreover, the more should we seek the
counsel of friends, and the greater the heed that should be given to
their advice. Under such circumstances also we must beware of
lending an ear to sycophants or allowing them to impose upon us with
their flattery. For it is easy in this way to deceive ourselves,
since we thus come to think ourselves duly entitled to praise; and
to this frame of mind a thousand de- <Off-93>
BOOK I. xxvi.-xxvii.
lusions may be traced, when men are puffed
up with conceit and expose themselves to ignominy and ridicule by
committing the most egregious blunders. So much for this subject. 92
To revert to the original question/a - we must decide that the most
important activities, those most indicative of a great spirit, are
performed by the men who direct the affairs of nations; for such
public activities have the widest scope and touch the lives of the
most people. But even in the life of retirement there are and there
have been many high-souled men who have been engaged in important
inquiries or embarked on most important enterprises and yet kept
themselves within the limits of their own affairs; or, taking a
middle course between philosophers on the one hand and statesmen on
the other, they were content with managing their own property - not
increasing it by any and every means nor debarring their kindred
from the enjoyment of it, but rather, if ever there were need,
sharing it with their friends and with the state. Only let it, in
the first place, be honestly acquired, by the use of no dishonest or
fraudulent means; let it, in the second place, increase by wisdom,
industry, and thrift; and, finally, let it be made available for the
use of as many as possible (if only they are worthy) and be at the
service of generosity and beneficence rather than of sensuality and
excess. By observing these rules, one may live in magnificence,
dignity, and independence, and yet in honour, truth and charity
toward all. 93 XXVII. We have next to
discuss the one remaining division of moral rectitude. That is the
one <Off-95>
BOOK I. xxvii.
in which we find considerateness and
self-control, which give, as it were, a sort of polish to life; it
embraces also temperance, complete subjection of all the passions,
and moderation in all things. Under this head is further included
what, in Latin, may be called decorum/a (Propriety); for in Greek it
is called 7rpf'7rO./a Such is its essential nature, 94 that it is inseparable from moral goodness;
for what is proper is morally right, and what is morally right is
proper. The nature of the difference between morality and propriety
can be more easily felt than expressed. For whatever propriety may
be, it is manifested only when there is pre-existing moral
rectitude. And so, not only in this division of moral rectitude
which we have now to discuss but also in the three preceding
divisions, it is clearly brought out what propriety is. For to
employ reason and speech rationally, to do with careful
consideration whatever one does, and in everything to discern the
truth and to uphold it - that is proper. To be mistaken, on the
other hand, to miss the truth, to fall into error, to be led astray
- that is as improper as to be deranged and lose one's mind. And all
things just are proper; all things unjust, like all things immoral,
are improper. The relation of propriety to fortitude+ is
similar. What is done in a manly+ and
courageous spirit seems becoming to a man and proper; what is done
in a contrary fashion is at once immoral and improper. 95 This propriety, therefore, of which I am
speaking belongs to each division of moral rectitude; and its
relation to the cardinal virtues is so close, that it is perfectly
self-evident and does not require any abstruse process of reasoning
to see it. For F <Off-97>
BOOK I. xxvii.-xxviii.
there is a certain element of propriety
perceptible in every act of moral rectitude; and this can be
separated from virtue theoretically better than it can be
practically. As comeliness and beauty of person are inseparable from
the notion of health, so this propriety of which we are speaking,
while in fact completely blended with virtue, is mentally and
theoretically distinguishable from it. 96
The classification of propriety, moreover, is twofold: (1) we assume
a general sort of propriety, which is found in moral goodness as a
whole; then (2) there is another propriety, subordinate to this,
which belongs to the several divisions of moral goodness. The former
is usually defined somewhat as follows: "Propriety is that which
harmonizes with man's superiority in those respects in which his
nature differs from that of the rest of the animal creation." And
they so define the special type of propriety which is subordinate to
the general notion, that they represent it to be that propriety
which harmonizes with Nature, in the sense that it manifestly
embraces temperance and self-control, together with a certain
deportment such as becomes a gentleman. 97
XXVIII. That this is the common acceptation of propriety we may
infer from that propriety which poets aim to secure. Concerning
that, I have occasion to say more in another connection. Now, we say
that the poets observe propriety, when every word or action is in
accord with each individual character. For example, if Aeacus or
Minos said. "Let them hate, if only they fear," or: "The father is
himself his children's tomb," <Off-99>
BOOK I. xxviii.
that would seem improper, because we are
told that they were just men. But when Atreus speaks those lines,
they call forth applause; for the sentiment is in keeping with the
character. But it will rest with the poets to decide, according to
the individual characters, what is proper for each; but to us Nature
herself has assigned a character of surpassing excellence, far
superior to that of all other living creatures, and in accordance
with that we shall have to decide what propriety requires. 98 The poets will observe, therefore, amid a
great variety of characters, what is suitable and proper for all -
even for the bad. But to us Nature has assigned the roles of steadfastness+, {constantia+} temperance,
self-control, and considerateness of others; Nature also teaches us
not to be careless in our behaviour towards our fellow-men. Hence we
may clearly see how wide is the application not only of that
propriety which is essential to moral rectitude in general, but also
of the special propriety which is displayed in each particular
subdivision of virtue. For, as physical beauty with harmonious
symmetry of the limbs engages the attention and delights the eye,
for the very reason that all the parts combine in harmony and grace,
so this propriety, which shines out in our conduct, engages the
approbation of our fellow-men by the order, consistency, and
self-control it imposes upon every word and deed. 99 We should,
therefore, in our dealings with people show what I may almost call
reverence toward all men - not only toward the men who are the best,
but toward others as well. For indifference to public opinion
implies not merely self-sufficiency, but even total lack of
principle. {affability+} There is, too, a
difference be- <Off-101>
BOOK I. xxviii.-xxix.
tween justice and considerateness in one's
relations to one's fellow-men. It is the function of justice not to
do wrong to one's fellow-men; of considerateness, not to wound their
feelings; and in this the essence of propriety is best seen. With
the foregoing exposition, I think it is clear what the nature is of
what we term propriety. 100 Further, as to
the duty which has its source in propriety, the first road on which
it conducts us leads to harmony with Nature and the faithful
observance of her laws. If we follow Nature as our guide, we shall
never go astray, but we shall be pursuing that which is in its
nature clear-sighted and penetrating (Wisdom), that which is adapted
to promote and strengthen society (Justice), and that which is
strong and courageous (Fortitude). But the very essence of propriety
is found in the division of virtue which is now under discussion
(Temperance). For it is only when they agree with Nature's laws that
we should give our approval to the movements not only of the body,
but still more of the spirit. 101 Now we find that the essential
activity of the spirit is twofold: one force is appetite (that is,
6pli, in Greek), which impels a man this way and that; the other is
reason, which teaches and explains what should be done and what
should be left undone. The result is that reason+
commands, appetite+ obeys. XXIX. Again, every action ought to be free from
undue haste or carelessness; neither ought we to do anything for
which we cannot assign a reasonable motive; for in these words we
have practically a definition of duty. 102
The appetites, moreover, must be made to obey <Off-103>
BOOK I. xxix.
the reins of reason and neither allowed to
run ahead of it nor from listlessness or indolence to lag behind;
but people should enjoy calm of soul and be free from every sort
of passion+. As a result strength of character
and self-control will shine forth in all their lustre. For when
appetites overstep their bounds and, galloping away, so to speak,
whether in desire or aversion, are not well held in hand by reason,
they clearly overleap all bound and measure; for they throw
obedience off and leave it behind and refuse to obey the reins of
reason, to which they are subject by Nature's laws. And not only
minds but bodies as well are disordered by such appetites. We need
only to look at the faces of men in a rage+ or under
the influence of some passion or fear or beside themselves with
extravagant joy: in every instance their features, voices, motions,
attitudes undergo a change. 103 From all this - to return to our
sketch of duty - we see that all the appetites must be controlled
and calmed and that we must take infinite pains not to do anything
from mere impulse or at random, without due consideration and care.
{Lear+} For Nature has not brought us into
the world to act as if we were created for play or jest, but rather
for earnestness and for some more serious and important pursuits. We
may, of course, indulge in sport and jest, but in the same way as we
enjoy sleep or other relaxations, and only when we have satisfied
the claims of our earnest, serious tasks. Further than that, the
manner of jesting+ itself ought not to be extravagant
or immoderate, but refined and witty. For as we do not grant our
children unlimited licence to play, but only such freedom as is not
incompatible with <Off-105>
BOOK I. xxix.-xxx.
good conduct, so even in our jesting let the
light 104 of a pure character shine forth.
There are, generally speaking, two sorts of jest: the one, coarse,
rude, vicious, indecent; the other, refined, polite, clever, witty.
With this latter sort not only our own Plautus and the Old Comedy of
Athens, but also the books of Socratic philosophy abound; and we
have many witty sayings of many men - like those collected by old
Cato under the title ofBons Mots (or Apophthegms) So the distinction
between the elegant and the vulgar jest is an easy matter: the one
kind, if well timed (for instance, in hours of mental relaxation),
is becoming to the most dignified person; the other is unfit for any
gentleman, if the subject is indecent and the words obscene. Then,
too, certain bounds must be observed in our amusements and we must
be careful not to carry things too far and, swept away by our
passions, lapse into some shameful excess. Our Campus, however, and
the amusements of the chase are examples of wholesome recreation.
105 XXX. But it is essential to every
inquiry about duty that we keep before our eyes how far superior man
is by nature to cattle and other beasts: they have no thought except
for sensual pleasure and this they are impelled by every instinct to
seek; but man's mind is nurtured by study and meditation; he is
always either investigating or doing, and he is captivated by the
pleasure of seeing and hearing. Nay, even if a man is more than
ordinarily inclined to sensual pleasures, provided, of course, that
he be not quite on a level with the beasts of the field (for some
people are men only in name,, not in fact) - if, I say, he is a
little too susceptible <Off-107>
BOOK I. xxx.
to the attractions of pleasure, he hides the
fact, however much he may be caught in its toils, and for very shame
conceals his appetite. 106 From this we see
that sensual pleasure is quite unworthy of the dignity of man and
that we ought to despise it and cast it from us; but if someone
should be found who sets some value upon sensual gratification, he
must keep strictly within the limits of moderate indulgence. One's
physical comforts and wants, therefore, should be ordered according
to the demands of health and strength, not according to the calls of
pleasure. And if we will only bear in mind the superiority and
dignity of our nature, we shall realize how wrong it is to abandon
ourselves to excess and to live in luxury and voluptuousness, and
how right it is to live in thrift, self-denial,simplicity+,
and sobriety. 107 We must realize also that
we are invested by Nature with two characters, as it were: one of
these is universal, arising from the fact of our being all alike
endowed with reason and with that superiority which lifts us above
the brute. From this all morality and propriety are derived, and
upon it depends the rational method of ascertaining our duty. The
other character is the one that is assigned to individuals in
particular. In the matter of physical endowment there are great
differences: some, we see, excel in speed for the race, others in
strength for wrestling; so in point of personal appearance, some
have stateliness, others comeliness. 108
Diversities of character are greater still. Lucius Crassus and
Lucius Philippus had a large fund of wit; Gaius Caesar, Lucius's
son, had a still richer fund and employed it with more studied
purpose. <Off-109>
BOOK I. xxx.
Contemporary with them, Marcus Scaurus and
Marcus Drusus, the younger, were examples of unusual seriousness;
Gaius Laelius, of unbounded jollity; while his intimate friend,
Scipio, cherished more serious ideals and lived a more austere life.
Among the Greeks, history tells us, Socrates was fascinating and
witty, a genial conversationalist; he was what the Greeks call
Flpcov in every conversation, pretending to need information and
professing admiration for the wisdom of his companion. Pythagoras
and Pericles, on the other hand, reached the heights of influence
and power without any seasoning of mirthfulness. We read that
Hannibal, among the Carthaginian generals, and Quintus Maximus,
among our own, were shrewd and ready at concealing their plans,
covering up their tracks, disguising their movements, laying
stratagems, forestalling the enemy's designs. In these qualities the
Greeks rank Themistocles and Jason of Pherae above all others.
Especially crafty and shrewd was the device of Solon, who, to make
his own life safer and at the same time to do a considerably larger
service for his country, feigned insanity. {Hamlet+} 109 Then there are others, quite different from
these, straightforward and open, who think that nothing should be
done by underhand means or treachery. They are lovers of truth,
haters of fraud. There are others still who will stoop to anything,
truckle to anybody, if only they may gain their ends. Such, we saw,
were Sulla and Marcus Crassus. The most crafty and most persevering
man of this type was Lysander of Sparta, we are told; of the
opposite type was Callicratidas, who succeeded Lysander as admiral
of the fleet. So we find that another, no matter how <Off-111>
BOOK I. xxx.-xxxi.
eminent he may be, will condescend in social
intercourse {Hal+} to make himself appear but a
very ordinary person. Such graciousness of manner we have seen in
the case of Catulus - both father and son - and also of Quintus
Mucius Mancia. I have heard from my elders that Publius Scipio
Nasica was another master of this art; but his father, on the other
hand - the man who punished Tiberius Gracchus for his nefarious
undertakings - had no such gracious manner in social intercourse [ .
. . ], and because of that very fact he rose to greatness and fame.
Countless other dissimilarities exist in natures and characters, and
they are not in the least to be criticized. 110 XXXI. Everybody, however, must resolutely
hold fast to his own peculiar gifts, in so far as they are peculiar
only and not vicious, in order that propriety, which is the object
of our inquiry, may the more easily be secured. For we must so act
as not to oppose the universal laws of human nature, but, while
safeguarding those, to follow the bent of our own particular nature;
and even if other careers should be better and nobler, we may still
regulate our own pursuits by the standard of our own nature. For it
is of no avail to fight against one's nature or to aim at what is
impossible of attainment. From this fact the nature of that
propriety defined above comes into still clearer light, inasmuch as
nothing is proper that "goes against the grain," as the saying
is-that is, if it is in direct opposition to one's natural genius.
111 If there is any such thing as propriety
at all, it can be nothing more than uniform consistency <Off-113>
BOOK I. xxxi.
in the course of our life as a whole and all
its individual actions. And this uniform consistency one could not
maintain by copying the personal traits of others and eliminating
one's own. For as we ought to employ our mother-tongue, lest, like
certain people who are continually dragging in Greek words, we draw
well-deserved ridicule upon ourselves, so we ought not to introduce
anything foreign into our 112 actions or
our life in general. {PlainDealer+} Indeed, such
diversity of character carries with it so great significance that
suicide may be for one man a duty, for another [under the same
circumstances] a crime. Did Marcus Cato find himself in one
predicament, and were the others, who surrendered to Caesar in
Africa, in another? And yet, perhaps, they would have been
condemned, if they had taken their lives; for their mode of life had
been less austere and their characters more pliable. But Cato had
been endowed by nature with an austerity beyond belief, and he
himself had strengthened it by unswerving consistency {constantia+} and had remained ever true to
his purpose and fixed resolve; and it was for him to die rather than
to look upon the face of a tyrant. 113 How much Ulysses endured on
those long wanderings, when he submitted to the service even of
women (if Circe and Calypso may be called women) and strove in every
word to be courteous and complaisant to all! And, arrived at home,
he brooked even the insults of his men-servants and maidservants, in
order to attain in the end the object of his desire. But Ajax, with
the temper he is represented as having, would have chosen to meet
death a thousand times rather <Off-115>
BOOK I. xxxi.-xxxii.
that it is each man's duty to weigh well
what are his own peculiar traits of character, to regulate these
properly, and not to wish to try how another man's would suit him.
For the more peculiarly his own a man's character is, the better it
fits him. 114 Everyone, therefore, should make a proper estimate of
his own natural ability and show himself a critical judge of his own
merits and defects; in this respect we should not let actors display
more practical wisdom than we have. They select, not the best plays,
but the ones best suited to their talents. Those who rely most upon
the quality of their voice take the Epigoni and the Medus; those who
place more stress upon the action choose the Melanippa and the
Clytaemnestra; Rupilius, whom I remember, always played in the
Antiope, Aesopus rarely in the Ajax. Shall a player have regard to
this in choosing his role upon the stage, and a wise man fail to do
so in selecting his part in life? We shall, therefore, work to the
best advantage in that role to which we are best adapted. But if at
some time stress of circumstances shall thrust us aside into some
uncongenial part, we must devote to it all possible thought,
practice, and pains, that we may be able to perform it, if not with
propriety, at least with as little impropriety as possible; and we
need not strive so hard to attain to points of excellence that have
not been vouchsafed to us as to correct the faults we have. 115 XXXII. To the two above- mentioned
characters is added a third, which some chance or some circumstance
imposes, and a fourth also, which we assume by our own deliberate
choice. Regal powers and military commands, nobility of birth and
political office, wealth and influence, and their opposites <Off-117>
BOOK I. xxxii.
depend upon chance and are, therefore,
controlled by circumstances. But what role we ourselves may choose
to sustain is decided by our own free choice. And so some turn to
philosophy, others to the civil law, and still others to oratory,
while in case of the virtues themselves one man prefers to excel in
one, another in another. 116 They, whose
fathers or forefathers have achieved distinction in some particular
field, often strive to attain eminence in the same department of
service: for example, Quintus, the son of Publius Mucius, in the
law; Africanus, the son of Paulus, in the army. And to that
distinction which they have severally inherited from their fathers
some have added lustre of their own; for example, that same
Africanus, who crowned his inherited military glory with his own
eloquence. Timotheus, Conon's son, did the same: he proved himself
not inferior to his father in military renown and added to that
distinction the glory of culture and intellectual power. It happens
sometimes, too, that a man declines to follow in the footsteps of
his fathers and pursues a vocation of his own. And in such callings
those very frequently achieve signal success who, though sprung from
humble parentage, have set their aims high. 117 All these questions,
therefore, we ought to bear thoughtfully in mind, when we inquire
into the nature of propriety; but above all we must decide who and
what manner of men we wish to be and what calling in life we would
follow; and this is the most difficult problem in the world. For it
is in the years of early youth, when our judgement is most immature,
that each of us decides that his calling in life shall be that to
which he has taken a special liking. And thus he becomes engaged in
some <Off-119>
BOOK I. xxxii.-xxxiii.
particular calling and career in life,
before he is fit to decide intelligently what is best for him. 118 For we cannot all have the experience of
Hercules, as we find it in the words of Prodicus in Xenophon; "When
Hercules was just coming into youth's estate (the time which Nature
has appointed unto every man for choosing the path of life on which
he would enter), he went out into a desert place. And as he saw two
paths, the path of Pleasure and the path of Virtue, he sat down and
debated long and earnestly which one it were better for him to
take." This might, perhaps, happen to a Hercules, "scion of the seed
of Jove"; but it cannot well happen to us; for we copy each the
model he fancies, and we are constrained to adopt their pursuits and
vocations. But usually, we are so imbued with the teachings of our
parents, that we fall irresistibly into their manners and customs.
Others drift with the current of popular opinion and make especial
choice of those callings which the majority find most attractive.
Some, however, as the result either of some happy fortune or of
natural ability, enter upon the right path of life, without parental
guidance. 119 XXXIII. There is one class of
people that is very rarely met with: it is composed of those who are
endowed with marked natural ability, or exceptional advantages of
education and culture, or both, and who also have time to consider
carefully what career in life they prefer to follow; and in
this deliberation the decision must turn wholly upon each
individual's natural bent. For we try to find out from each one's
native disposition, as was said above, just what is proper for him;
and this we require not only in case of each individual act but <Off-121>
BOOK I. xxxiii.
which still greater care must be given, In
order that we may be true to ourselves throughout all our lives and
not falter in the discharge of any duty. 120 But since the most
powerful influence in the choice of a career is exerted by Nature,
and the next most powerful by Fortune, we must, of course, take
account of them both in deciding upon our calling in life; but, of
the two, Nature claims the more attention. For Nature is so much
more stable and steadfast, that for Fortune to come into conflict
with Nature seems like a combat between a mortal and a goddess. If,
therefore, he has conformed his whole plan of life to the kind of
nature that is his (that is, his better nature), let him go on with
it consistently - for that is the essence of Propriety unless,
perchance, he should discover that he has made a mistake in choosing
his life work. If this should happen (and it can easily happen), he
must change his vocation and mode of life. If circumstances favour
such change, it will be effected with greater ease and convenience.
If not, it must be made gradually, step by step, just as, when
friendships become no longer pleasing or desirable, it is more
proper (so wise men think) to undo the bond 121 little by little
than to sever it at a stroke. And when we have once changed our
calling in life, we must take all possible care to make it clear
that we have done so with good reason. But whereas I said a moment
ago that we have to follow in the steps of our fathers, let me make
the following exceptions: first, we need not imitate their faults;
second, we need not imitate certain other things, if our nature does
not permit such imitation; for example, the son of the elder
Africanus (that Scipio who adopted the Younger Africanus, <Off-123>
BOOK I. xxxxii.-xxxiv. the son of Paulus)
could not on account of ill-health be so much like his father as
Africanus had been like his. If, then, a man is unable to conduct
cases at the bar or to hold the people spell-bound with his
eloquence or to conduct wars, still it will be his duty to practise
these other virtues, which are within his reach - justice, good_faith+, generosity, temperance, self-control
- that his deficiencies in other respects may be less conspicuous.
The noblest heritage, however, that is handed down from fathers to
children, and one more precious than any inherited wealth, is a
reputation for virtue and worthy deeds; and to dishonour this must
be branded as a sin and a shame. 122 XXXIV. Since, too, the duties
that properly belong to different times of life are not the same,
but some belong to the young, others to those more advanced in
years, a word must be said on this distinction also. It is, then,
the duty of a young man to show deference to his elders and to
attach himself to the best and most approved of them, so as to
receive the benefit of their counsel and influence. For the
inexperience of youth requires the practical wisdom of age to
strengthen and direct it. And this time of life is above all to be
protected against sensuality and trained to toil and endurance of
both mind and body, so as to be strong for active duty in military
and civil service. And even when they wish to relax their minds and
give themselves up to enjoyment they should beware of excesses and
bear in mind the rules of modesty. And this will be easier, if the
young are not unwilling to have their elders join them even in their
pleasures. 123 The old, on the other hand,
should, it seems, have their physical labours reduced; their mental
activi- <Off-125>
BOOK I. xxxiv.
ties should be actually increased. They
should endeavour, too, by means of their counsel and practical
wisdom to be of as much service as possible to their friends and to
the young, and above all to the state. But there is nothing against
which old age has to be more on its guard than against surrendering
to feebleness and idleness, while luxury, a vice in any time of
life, is in old age especially scandalous. But if excess in sensual
indulgence is added to luxurious living, it is a twofold evil; for
old age not only disgraces itself; it also serves to make the
excesses of the young more shameless. 124
At this point it is not at all irrelevant to discuss the duties
of magistrates+, of private individuals, [of
native citizens,] and of foreigners. It is, then, peculiarly the
place of a magistrate to bear in mind that he represents the state
and that it is his duty to uphold its honour and its dignity, to
enforce the law, to dispense to all their constitutional rights, and
to remember that all this has been committed to him as a sacred
trust. The private individual ought first, in private relations, to
live on fair and equal terms with his fellow-citizens, with a spirit
neither servile and grovelling nor yet domineering; and second, in
matters pertaining to the state, to labour for her peace and honour;
for such a man we are accustomed to esteem and call a good citizen.
125 As for the foreigner or the resident
alien, it is his duty to attend strictly to his own concerns, not to
pry into other people's business, and under no condition to meddle
in the politics of a country not his own. In this way I think we
shall have a fairly, clear view of our duties when the question
arises what is proper and what is appropriate to each character, <Off-127>
BOOK I. xxxiv.-xxxv.
circumstance, and age. But there is nothing
so essentially proper as to maintain consistency in th performance
of every act and in the conception of every plan. 126 XXXV. But the propriety to which I refer
shows itself also in every deed, in every word, even in every
movement and attitude of the body. And in outward, visible propriety
there are three elements - beauty, tact, and taste; these
conceptions are difficult to express in words, but it will be enough
for my purpose if they are understood. In these three elements is
included also our concern for the good opinion of those with whom
and amongst whom we live. For these reasons I should like to say a
few words about this kind of propriety also. First of all, Nature
seems to have had a wonderful plan in the construction of our
bodies. Our face and our figure generally, in so far as it has a
comely appearance, she has placed in sight; but the parts of the
body that are given us only to serve the needs of Nature and that
would present an unsightly and unpleasant appearance she has covered
up and 127 concealed from view. Man's modesty+ has
followed this careful contrivance of Nature's; all right-minded
people keep out of sight what Nature has hidden and take pains to
respond to Nature's demands as privately as possible; and in the
case of those parts of the body which only serve Nature's needs,
neither the parts nor the functions are called by their real names.
To perform these functions - if only it be done in private - is
nothing immoral; but to speak of them is indecent. And so neither
public performance of those acts nor vulgar mention of them is free
from indecency. <Off-129>
BOOK I. xxxv.-xxxvi.
128 But we should give no heed to the Cynics
(or to some Stoics who are practically Cynics) who censure and
ridicule us for holding that the mere mention of some actions that
are not immoral is shameful, while other things that are immoral we
call by their real names. Robbery, fraud, and adultery, for example,
are immoral in deed, but it is not indecent to name them. To beget
children in wedlock is in deed morally right; to speak of it is
indecent. And they assail modesty with a great many other arguments
to the same purport. But as for us, let us follow Nature and shun
everything that is offensive to our eyes or our ears. So, in
standing or walking, in sitting or reclining, in our expression, our
eyes, or the movements of our hands, let us preserve what we have
called "propriety." 129 In these matters we
must avoid especially the two extremes - our conduct and speech
should not be effeminate+ and over-nice, on the one hand,
nor coarse and boorish, on the other. And we surely must not admit
that, while this rule applies to actors and orators, it is not
binding upon us. As for stage-people, their custom, because of its
traditional discipline, carries modesty to such a point that an
actor would never step out upon the stage without a breech-cloth on,
for fear he might make an improper exhibition, if by some accident
certain parts of his person should happen to become exposed. And in
our own custom grown sons do not bathe with their fathers, nor
sons-in-law with their fathers-in-law. We must, therefore, keep to
the path of this sort of modesty, especially when Nature is our
teacher and guide. 130 XXXVI. Again, there
are two orders of beauty: in the one, loveliness predominates; in
the other, <Off-131>
BOOK I. xxxvi.
dignity; of these, we ought to regard
loveliness as the attribute ofwoman+, and
dignity as the attribute of man. Therefore, let all finery not
suitable to a man's dignity be kept off his person, and let him
guard against the like fault in gesture and action. The manners
taught in the palaestra,/a for example, are often rather
objectionable, and the gestures of actors on the stage are not
always free from affectation+;
but simple, unaffected manners are commendable in both instances {PlainDealer+}. Now dignity of mien
is also to be enhanced by a good complexion; the complexion is the
result of physical exercise. We must besides present an appearance
of neatness - not too punctilious or exquisite, but just enough to
avoid boorish and ill-bred slovenliness. We must follow the same
principle in regard to dress+. In
this, as in most things, the best rule is the golden mean. 131 We must be careful, too, not to fall into a
habit of listless sauntering in our gait, so as to look like
carriers in festal processions, or of hurrying too fast, when time
presses. If we do this, it puts us out of breath, our looks are
changed, our features distorted; and all this is clear evidence of a
lack of poise. But it is much more important that we succeed in
keeping our mental operations in harmony with Nature's laws. And we
shall not fall in this if we guard against violent excitement or
depression, and if we keep our minds intent on the observance of
propriety. 132 Our mental operations,
moreover, are of two ------ a. The Greek palaestra, a public school of
wrestling and athletics, adopted by the Romans became a place of
exercise where the youth were trained in gestures and attitudes, a
nursery of foppish manners. <Off-133>
BOOK I. xxxvi.-xxxvii.
kinds: some have to do with thought, others
with impulse. Thought is occupied chiefly with the discovery of
truth; impulse prompts to action. We must be careful, therefore, to
employ our thoughts on themes as elevating as possible and to keep
our impulses under the control of reason. XXXVII. The power of speech in the attainment
of propriety is great, and its function is twofold: the first is
oratory; the second, conversation. Oratory is the kind of discourse
to be employed in pleadings in court and speeches in popular
assemblies and in the senate; conversation should find its natural
place in social gatherings, in informal discussions, and in
intercourse with friends; it should also seek admission at dinners.
There are rules for oratory laid down by rhetoricians; there are
none for conversation; and yet I do not know why there should not
be. But where there are students to learn, teachers are found; there
are, however, none who make conversation a subject of study, whereas
pupils throng about the rhetoricians everywhere. And yet the same
rules that we have for words and sentences in rhetoric will apply
also to conversation. 133 Now since we have the voice as the organ
of speech, we should aim to secure two properties for it: that it be
clear, and that it be musical. We must, of course, look to Nature
for both gifts. But distinctness may be improved by practice; the
musical qualities, by imitating those who speak with smooth and
articulate enunciation. There <Off-135>
BOOK I. xxxvii.
masters of the Latin tongue. Their
pronunciation was charming; their words were neither mouthed nor
mumbled: they avoided both indistinctness and affectation; their
voices were free from strain, yet neither faint nor shrill. More
copious was the speech of Lucius Crassus and not less brilliant, but
the reputation of the two Catuli for eloquence was fully equal to
his. But in wit and humour Caesar, the elder Catulus's half-
brother, surpassed them all: even at the bar he would with his
conversational style defeat other advocates with their elaborate
orations. {sprezzatura+} If, therefore, we are aiming
to secure propriety in every circumstance of life, we must master
all these points. 134 Conversation, then,
in which the Socratics are the best models, should have these
qualities. It should be easy and not in the least dogmatic; it
should have the spice of wit. And the one who engages in
conversation should not debar others from participating in it, as if
he were entering upon a private monopoly; but, as in other things,
so in a general conversation he should think it not unfair for each
to have his turn. He should observe, first and foremost, what the
subject of conversation is. If it is grave, he should treat it with
seriousness; if humorous, with wit. And above all, he should be on
the watch that his conversation shall not betray some defect in his
character. This is most likely to occur, when people in jest or in
earnest take delight in making malicious and slanderous statements
about the absent, on purpose to injure their reputations. 135 The subjects of conversation are usually
affairs of the home or politics or the practice of the professions
<Off-137>
BOOK I. xxxvii.-xxxviii.
and learning. Accordingly, if the talk
begins to drift off to other channels, pains should be taken to
bring it back again to the matter in hand - but with due
consideration to the company present; for we are not all interested
in the same things at all times or in the same degree. We must
observe, too, how far the conversation is agreeable and, as it had a
reason for its beginning, so there should be a point at which to
close it tactfully. 136 XXXVIII. But as we
have a most excellent rule for every phase of life, to avoid
exhibitions of passion, that is, mental excitement that is excessive
and uncontrolled by reason; so our conversation ought to be free
from such emotions: let there be no exhibition of anger+ or inordinate desire, of
indolence or indifference, or anything of the kind. We must also
take the greatest care to show courtesy and consideration toward
those with whom we converse. It may sometimes happen that there is
need of administering reproof. On such occasions we should, perhaps,
use a more emphatic tone of voice and more forcible and severe terms
and even assume an appearance of being angry. But we shall have
recourse to this sort of reproof, as we do to cautery and
amputation, rarely and reluctantly - never at all, unless it is
unavoidable and no other remedy can be discovered. We may seem
angry, but anger should be far from us; for in anger+ nothing
right or judi- 137 cious can be done. In
most cases, we may apply a mild reproof, so combined, however, with
earnestness, that, while severity is shown, offensive language is
avoided. Nay more; we must show clearly that even that very harsh
<Off-139>
BOOK I. xxxviii.-xxxix.
The right course, moreover, even in our
differences with our bitterest enemies, is to maintain our dignity
and to repress our anger, even though we are treated outrageously.
For what is done under some degree of excitement cannot be done with
perfect self- respect or the approval of those who witness it. It is
bad taste also to talk about oneself - especially if what one says
is not true - and, amid the derision of one's hearers, to play
"TheBraggart+ Captain."/a 138 XXXIX. But since
I am investigating this subject in all its phases (at least, that is
my purpose), I must discuss also what sort of house a man of rank
and station should, in my opinion, have. Its prime object is
serviceableness. To this the plan of the building should be adapted;
and yet careful attention should be paid to its convenience and
distinction. We have heard that Gnaeus Octavius - the first of that
family to be elected consul - distinguished himself by building upon
the Palatine an attractive and imposing house. Everybody went to see
it, and it was thought to have gained votes for the owner, a new
man, in his canvass for the consulship. That house Scaurus
demolished, and on its site he built an addition to his own house.
Octavius, then, was the first of his family to bring the honour of a
consulship to his house; Scaurus, thought the son of a very great
and illustrious man, brought to the same house, when enlarged, not
only defeat, but dis-139 grace and ruin. The truth is, a man's
dignity may be enhanced by the house he lives in, but not wholly
secured by it; the owner should bring honour to his -- a. Like Pyrgopolinices in the Miles Gloriosus
of Plautus, or Thraso in the Eunuchus of Terence. <Off--141>
BOOK I. xxxix.
house, not the house to its owner. And, as
in everything else a man must have regard not for himself alone but
for others also, so in the home of a distinguished man, in which
numerous guests must be entertained and crowds of every sort of
people received, care must be taken to have it spacious. But if it
is not frequented by visitors, if it has an air of lonesomeness, a
spacious palace often becomes a discredit to its owner. This is sure
to be the case if at some other time, when it had a different owner,
it used to be thronged. For it is unpleasant, when passers-by
remark:
O good old house, alas! how
different The owner who now owneth
thee!" And in these times that may be said of many a
house!/a 140 One must be careful, too, not
to go beyond proper bounds in expense and display, especially if one
is building for oneself. For much mischief is done in their way, if
only in the example set. For many people imitate zealously the
foibles of the great, particularly in this direction: for example,
who copies the virtues of Lucius Lucullus, excellent man that he
was? But how many there are who have copied the magnificence of his
villas! Some limit should surely be set to this tendency and it
should be reduced at least to a standard of moderation; and by that
same standard of moderation+ the
comforts and wants of life generally should be regulated. But enough
on this part of my theme. -- <Off-143>
BOOK I. xxxix.-xl.
141 In entering upon any course of action,
then, we must hold fast to three principles: first, that impulse
shall obey reason; for there is no better way than this to secure
the observance of duties; second, that we estimate carefully the
importance of the object that we wish to accomplish, so that neither
more nor less care and attention may be expended upon it than the
case requires; the third principle is that we be careful to observe
moderation in all that is essential to the outward appearance and
dignity of a gentleman. Moreover, the best rule for securing this is
strictly to observe that propriety which we have discussed above,
and not to overstep it. Yet of these three principles, the one of
prime importance is to keep impulse subservient to reason. 142 XL. Next, then, we must discuss orderliness
of conduct and seasonableness of occasions. These two qualities are
embraced in that science which the Greeks call ev'Tata - not that
ev'Tata which we translate with moderation [modestia], derived from
moderate; but this is the ev'Tata by which we understand orderly
conduct. And so, if we may call it also moderation, it is defined by
the Stoics as follows: "Moderation is the science of disposing
aright everything that is done or said." So the essence of
orderliness and of right- placing, it seems, will be the same; for
orderliness they define also as "the arrangement of things in their
suitable and appropriate places." By "place of action," moreover,
they mean seasonableness of circumstance; and the seasonable
circumstance for an action is called in Greek CVKatpt'a, in Latin
occasio (occasion). So it comes about that
in this sense moderation, which we <Off-145>
BOOK I. xl.
explain as I have indicated, is the science
of doing the right thing at the right time. 143 A similar definition can be given for
prudence, of which I have spoken in an early chapter. But in this
part we are considering temperance and self-control and related
virtues. Accordingly, the properties which, as we found, are
peculiar to prudence were discussed in their proper place, while
those are to be discussed now which are peculiar to these virtues of
which we have for some time been speaking and which relate to
considerateness and to approbation of our fellow- men. 144 Such orderliness of conduct is, therefore,
to be observed, that everything in the conduct of our life shall
balance and harmonize, as in a finished speech. For it is unbecoming
and highly censurable, when upon a serious theme, to introduce such
jests as are proper at a dinner, or any sort of loose talk. When
Pericles was associated with the poet Sophocles as his colleague in
command and they had met to confer about official business that
concerned them both, a handsome boy chanced to pass and Sophocles
said: "Look, Pericles; what a pretty boy!" How pertinent was
Pericles's reply: "Hush, Sophocles, a general should keep not only
his hands but his eyes under control." And yet, if Sophocles had
made this same remark at a trial of athletes, he would have incurred
no just reprimand. So great is the significance of both place and
circumstance. For example, if anyone, while on a journey or on a
walk, should rehearse to himself a case which he is preparing to
conduct in court, or if he should under similar circumstances apply
his closest thought to some other subject, he would not be open to
censure: <Off-147>
BOOK I. xl.-xli.
but if he should do that same thing at a
dinner, he would be thought ill-bred, because he ignored the
proprieties of the occasion. 145 But
flagrant breaches of good breeding like singing in the streets or
any other gross misconduct, are easily apparent and do not call
especially for admonition and instruction. But we must even more
carefully avoid those seemingly trivial faults which pass unnoticed
by the many. However slightly out of tune a harp or flute may be,
the fault is still detected by a connoisseur; so we must be on the
watch lest haply something in our life be out of tune - nay, rather,
far greater is the need for painstaking, inasmuch as harmony+ of actions is far better and far
more important than harmony of sounds. 146
XLI. As, therefore, a musical ear detects even the slightest falsity
of tone in a harp, so we, if we wish to be keen and careful
observers of moral faults, shall often draw important conclusions
from trifles. We observe others and from a glance of the eyes, from
a contracting or relaxing of the brows, from an air of sadness, from
an outburst of joy, from a laugh, from speech from silence, from a
raising or lowering of the voice, and the like, we shall easily
judge which of our actions is proper, and which is out of accord
with duty and Nature. And, in the same manner, it is not a bad plan
to judge of the nature of our every action by studying others, that
so we may ourselves avoid anything that is unbecoming in them. For
it happens somehow or other that we detect another's failings more
readily than we do our own; and so in the school-room those pupils
learn most easily to do better whose faults the masters mimic for
the sake of correcting them. <Off-149>
BOOK I. xli.
147 Nor is it out of place in making a
choice between duties involving a doubt, to consult men of learning
or practical wisdom and to ascertain what their views are on any
particular question of duty. For the majority usually drift as the
current of their own natural inclinations carries them; and in
deriving counsel from one of these, we have to see not only what our
adviser says, but also what he thinks, and what his reasons are for
thinking as he does. For, as painters and sculptors and even poets,
too, wish to have their works reviewed by the public, in order that,
if any point is generally criticized, it may be improved; and as
they try to discover both by themselves and with the help of others
what is wrong in their work; so through consulting the judgment of
others we find that there are many things to be done and left
undone, to be altered and improved. 148 But
no rules need to be given about what is done in accordance with the
established customs and conventions of a community; for these are in
themselves rules; and no one ought to make the mistake of supposing
that, because Socrates or Aristippus did or
said something contrary to the manners and established customs of
their city, he has a right to do the same; it was only by reason of
their great and superhuman virtues that those famous men acquired
this special privilege. But the Cynics' whole system of philosophy
must be rejected, for it is inimical to moral sensibility, and
without moral sensibility nothing can be upright, nothing morally
good. 149 It is, furthermore, our duty to
honour and reverence those whose lives are conspicuous for conduct
in keeping with their high moral standards, and who, as true
patriots, have rendered or are now rendering <Off-151>
BOOK I. xli.- xlii.
efficient service to their country, just as
much as if they were invested with some civil or military authority;
it is our duty also to show proper respect to old age, to yield
precedence to magistrates, to make a distinction between a
fellow-citizen and a foreigner, and, in the case of the foreigner
himself, to discriminate according to whether he has come in an
official or a private capacity. In a word, not to go into details,
it is our duty to respect, defend, and maintain the common+ bonds of union and fellowship
subsisting between all the members of the human race. 150 XLII. Now in regard to trades and other
means of livelihood, which ones are to be considered becoming to a
gentleman and which ones are vulgar, we have been taught, in
general, as follows. First, those means of livelihood are rejected
as undesirable which incur people's ill-will, as those of
tax-gatherers and usurers. Unbecoming to a gentleman, too, and
vulgar are the means of livelihood of all hired workmen whom we pay
for mere manual labour, not for artistic skill; for in their case
the very wage they receive is a pledge of their slavery+. Vulgar we must consider those
also who buy from wholesale merchants to retail immediately; for
they would get no profits without a great deal of downright lying;
and verily, there is no action that is meaner than
misrepresentation. And all mechanics are engaged in vulgar trades;
for no workshop can have anything liberal about it. Least
respectable of all are those trades which cater for sensual
pleasures:
Fishmongers, butchers, cooks, and
poulterers, And
fishermen, <Off-153>
BOOK I. xlii.-xliii.
as Terence says. Add to these, if you
please, the perfumers, dancers, and the whole corps de ballet./a 151 But the professions in which either a
higher degree of intelligence is required or from which no small
benefit to society is derived - medicine and architecture, for
example, and teaching - these are proper for those whose social
position they become. Trade+, if it
is on a small scale, is to be considered vulgar; but if wholesale
and on a large scale, importing large quantities from all parts of
the world and distributing to many without misrepresentation, it is
not to be greatly disparaged. Nay, it even seems to deserve the
highest respect, if those who are engaged in it, satiated, or
rather, I should say, satisfied with the fortunes they have made,
make their way from the port to a country estate, as they have often
made it from the sea into port. But of all the occupations by which
gain is secured, none is better than agriculture, none more
profitable, none more delightful, none more becoming to a freeman.
But since I have discussed this quite fully in my Cato Major, you
will find there the material that applies to this point. 152 XLIII. Now, I think I have explained fully
enough how moral duties are derived from the four divisions of moral
rectitude. But between those very actions which are morally right, a
conflict and comparison may frequently arise, as to which of two
actions is morally better - a point overlooked by Panaetius. For,
since all moral rectitude springs from four sources (one of which is
prudence; the second, social instinct; the third, courage; the
fourth, tem a The ludus talarius was a kind of low variety show,
with loose songs and dances and bad music. <Off-155>
BOOK I. xliii.
perance), it is often necessary in deciding
a question of duty that these virtues be weighed against one
another. 153 My view, therefore, is that
those duties are closer to Nature which depend upon the social
instinct {social_instinct+} than those which depend
upon knowledge; and this view can be confirmed by the following
argument: (1) suppose that a wise man should be vouchsafed such a
life that, with an abundance of everything pouring in upon him, he
might in perfect peace study and ponder over everything that is
worth knowing, still, if the solitude were so complete that he could
never see a human being, he would die. {Prospero+} And then, the foremost
of all virtues is wisdom -at the Greeks call O-Gota; for by
prudence, which they call opo'vqo-&s, we understand something
else, namely, the practical knowledge of things to be sought for and
of things to be avoided. (2) Again, that wisdom which I have given
the foremost place is the knowledge of things human and divine,
which is concerned also with the bonds of union between gods and men
and the relations of man to man. If wisdom is the most important of
the virtues, as it certainly is, it necessarily follows that that
duty which is connected with the social obligation is the most
important duty./a and (3) service+ is better than
mere theoretical_knowledge+, for the study and
knowledge of the universe would somehow be lame and defective, were
no practical results to follow. Such results, moreover, are best
seen in the safeguarding of human interests. It is ------ a. [Long note
on C's confusion of wisdom and social instinct. I think the editor
is wrong - BRS] <Off-157>
BOOK I. xliii.-xliv.
essential, then, to human society; and it
should, therefore, be ranked above speculative knowledge. 154 Upon this all the best men agree, as they
prove by their conduct. For who is so absorbed in the investigation
and study of creation, but that, even though he were working and
pondering over tasks never so much worth mastering and even though
he thought he could number the stars and measure the length and
breadth of the universe, he would drop all those problems and cast
them aside, if word were suddenly brought to him of some critical
peril to his country, which he could relieve or repel? And he would
do the same to further the interests of parent or friend or to save
him from danger. {Prospero+} 155 From all this we conclude that the duties
prescribed by justice must be given precedence over the pursuit of
knowledge and the duties imposed by it; for the former concern the
welfare of our fellow-men; and nothing ought to be more sacred in
men's eyes than that. XLIV. And yet
scholars, whose whole life and interests have been devoted to the
pursuit of knowledge, have not, after all, failed to contribute to
the advantages and blessings of mankind. For they have trained many
to be better citizens and to render larger service to their country.
So, for example, the Pythagorean Lysis
taught Epaminondas of Thebes; Plato, Dion of Syracuse; and many,
many others. As for me myself, whatever service I have rendered to
my country - if, indeed, I have rendered any - I came to my task
trained and equipped for it by my 156
teachers and what they taught me. And not only while present in the
flesh <Off-159>
BOOK I. xliv.
memorials of their learning they continue
the same service after they are dead. For they have overlooked no
point that has a bearing upon laws, customs or political science; in
fact, they seem to have devoted their retirement to the benefit of
us who are engaged in public business. The principal thing done,
therefore, by those very devotees of the pursuits of learning and
science is to apply their own practical wisdom and insight to the
service of humanity. And for that reason also much speaking (if only
it contain wisdom) is better than speculation never so profound
without speech; for mere speculation is self-centred, while speech
extends its benefits to those with whom we are united by the bonds
of society. {Prospero+} 157 And again, as swarms of bees do not gather
for the sake of making honeycomb but make the honeycomb because they
are gregarious by nature, so human beings - and to a much higher
degree - exercise their skill together in action and thought because
they are naturally gregarious. And so, if that virtue {Justice+} which centres in the
safeguarding of human interests, that is, in the maintenance of
human society, were not to accompany the pursuit of knowledge, that
knowledge would seem isolated and barren of results. In the same
way, courage [Fortitude], if unrestrained by the uniting bonds of
society, would be but a sort of brutality and savagery. Hence it
follows that the claims of human society and the bonds that unite
men together take precedence of the pursuit of speculative
knowledge. 158 And it is not true, as
certain people maintain, that the bonds of union in human society
were instituted in order to provide for the needs of daily life;
for, they say, without the aid of others we could not <Off-161>
BOOK I. xliv.-xlv.
secure for ourselves or supply to others the
things that Nature requires; but if all that is essential to our
wants and comfort were supplied by some magic wand, as in the
stories, then every man of first-rate ability could drop all other
responsibility and devote himself exclusively to learning and study.
Not at all. For he would seek to escape from his loneliness and to
find someone to share his studies; he would wish to teach, as well
as to learn; to hear, as well as to speak. Every duty, therefore,
that tends effectively to maintain and safeguard human society
should be given the preference over that duty which arises from
speculation and science alone. {Prospero+} 159 XLV. The following question should,
perhaps, be asked: whether this social instinct, which is the
deepest feeling in our nature, is always to have precedence over
temperance and moderation also. I think not. For there are some acts
either so repulsive or so wicked, that a wise man would not commit
them, even to save his country. Posidonius has made a large
collection of them; but some of them are so shocking, so indecent,
that it seems immoral even to mention them. The wise man, therefore,
will not think of doing any such thing for the sake of his country;
no more will his country consent to have it done for her. But the
problem is the more easily disposed of because the occasion cannot
arise when it could be to the state's interest to have the wise man
do any of those things. 160 This, then, may
be regarded as settled: in choosing between conflicting duties, that
class takes precedence which is demanded by the interests of human
society. [And this is the natural sequence; for discreet action will
presuppose learning and prac <Off-163>
BOOK I. xlv.
tical wisdom; it follows, therefore, that
discreet action is of more value than wise (but inactive)
speculation.] So much must suffice for this topic. For, in its
essence, it has been made so clear, that in determining a question
of duty it is not difficult to see which duty is to be preferred to
any other. Moreover, even in the social
relations themselves there are gradations of duty so well defined
that it can easily be seen which duty takes precedence of any other:
our first duty is to the immortal gods; our second, to country; our
third, to parents; and so on, in a descending scale, to the rest.
161 From this brief discussion, then, it
can be understood that people are often in doubt not only whether an
action is morally right or wrong, but also, when a choice is offered
between two moral actions, which one is morally better. This point,
as I remarked above, has been overlooked by Panaetius. But let us
now pass on to what remains. <Off-167>
BOOK II+ Expediency
1 I believe, Marcus, my son, that I
have fully explained in the preceding book how duties are derived
from moral rectitude, or rather from each of virtue's four
divisions. My next step is to trace out those kinds of duty which
have to do with the comforts of life, with the means of acquiring
the things that people enjoy, with influence, and with wealth. [In
this connection, the question is, as I said: (1) what is expedient,
and what is inexpedient; and (2) of several expedients, which is of
more and which of most importance.] These questions I shall proceed
to discuss, after I have said a few words in vindication of my
present purpose and my principles of philosophy. 2 Although my books have aroused in not a few
men the desire not only to read but to write, yet I sometimes fear
that what we term philosophy is distasteful to certain worthy
gentlemen, and that they wonder that I devote so much time and
attention to it. Now, as long as the state was administered by the
men to whose care she had voluntarily entrusted herself, I devoted
all my effort and thought to her. But when everything passed under
the absolute control of a despot and there was no longer any room
for statesmanship or authority of mine; and finally when I had lost
the friends/a who had been associated with me in the task of serving
the interests of the state, and who were men of the highest
standing, I did not resign myself to grief, by which I should have
been overwhelmed, had I not struggled ------ a Such as
Pompey, Cato, Hortensius, and Piso. <Off-169>
BOOK II.
against it; neither, on the other hand, did
I surrender myself to a life of sensual pleasure unbecoming to a
philosopher. 3 I would that the government
had stood fast in the position it had begun to assume and had not
fallen'into the hands of men who desired not so much to reform as to
abolish the constitution. For then, in the first place, I should now
be devoting my energies more to public speaking than to writing as I
used to do when the republic stood; and in the second place, I
should be committing to written form not these present essays but my
public speeches, as I often formerly did. But when the republic, to
which all my care and thought and effort used to be devoted, was no
more, then, of course, my voice was 4
silenced in the forum and in the senate. And since my mind could not
be wholly idle, I thought, as I had been well-read along these lines
of thought from my early youth, that the most honourable way for me
to forget my sorrows would be by turning to philosophy. As a young
man, I had devoted a great deal of time to philosophy as a
discipline; but after I began to fill the high offices of state and
devoted myself heart and soul to the public service, there was only
so much time for philosophical studies as was left over from the
claims of my friends and o the state; all of this was spent in
reading; I had no leisure for writing. 5 II. Therefore, amid all the
present most awful calamities I yet flatter myself that I have won
this good out of evil - that I may commit to written form matters
not at all familiar to our countrymen but still very much worth
their knowing. For what, in the name of heaven, is more to be
desired <Off-171>
BOOK II. ii.
than wisdom? What is more to be prized? What
is better for a man, what more worthy of his nature? Those who seek
after it are called philosophers; and philosophy is nothing else, if
one will translate the word into our idiom, than "the love of
wisdom." Wisdom, morever, as the word has been defined by the
philosophers of old, is "the knowledge of things human and divine
and of the causes by which those things are controlled." And if the
man lives who would belittle the study of philosophy, I quite fail
to see what in the world he would see fit to 6 praise. For if we are looking for mental
enjoyment and relaxation, what pleasure can be compared with the
pursuits of those who are always studying out something that will
tend toward and effectively promote a good and happy life? Or, if
regard is had for strength of character and virtue, then this is the
method by which we can attain to those qualities, or there is none
at all. And to say that there is no "method" for securing the
highest blessings, when none even of the least important concerns is
without its method, is the language of people who talk without due
reflection and blunder in matters of the utmost importance.
Furthermore, if there is really a way to learn virtue, where shall
one look for it, when one has turned aside from this field of
learning? Now, when I am advocating the study of philosophy, I
usually discuss this subject at greater length, as I have done in
another of my books. For the present I meant only to explain why,
deprived of the tasks of public service, I have devoted myself to
this particular pursuit. 7 But people raise
other objections against me - <Off-173>
BOOK II. ii.
and that, too, philosophers and scholars -
asking whether I think I am quite consistent in my conduct - for
although our school maintains that nothing can be known for certain,
yet, they urge, I make a habit of presenting my opinions on all
sorts of subjects and at this very moment am trying to formulate
rules of duty. But I wish that they had a proper understanding of
our position. For we Academicians are not men whose minds wander in
uncertainty and never know what principles to adopt. For what sort
of mental habit, or rather what sort of life would that be which
should dispense with all rules for reasoning or even for living? Not
so with us; but, as other schools maintain that some things are
certain, others uncertain, we, differing with them, say that some
things are probable, others improbable. 8
What, then, is to hinder me from accepting what seems to me to be
probable, while rejecting what seems to be improbable, and from
shunning the presumption of dogmatism, while keeping clear of that
recklessness of assertion which is as far as possible removed from
true wisdom? And as to the fact that our school argues against
everything, that is only because we could not get a clear view of
what is "probable," unless a comparative estimate were made of all
the arguments on both sides. But this subject has been, I think,
quite fully set forth in my "Academics." And although, my dear
Cicero, you are a student of that most ancient and celebrated school
of philosophy, with Cratippus as your master - and he deserves to be
classed with the founders of that illustrious sect/a - still I wish
our ------ a. Aristotle and Theophrastus.
<Off-175>
BOOK II. ii.-iii.
school, which is closely related to yours,
not to be unknown to you. Let us now proceed to the task in hand.
9 III. Five principles, accordingly, have
been laid down for the pursuance of duty: two of them have to do
with propriety and moral rectitude; two, with the external
conveniences of life - means, wealth, influence; the fifth, with the
proper choice, if ever the four first mentioned seem to be in
conflict. The division treating of moral rectitude, then, has been
completed, and this is the part with which I desire you to be most
familiar. The principle with which we are now dealing is that one
which is called Expediency {utile+}. The
usage of this word has been corrupted and perverted and has
gradually come to the point where, separating moral rectitude from
expediency, it is accepted that a thing may be morally right without
being expedient, and expedient without being morally right. No more
pernicious doctrine than this could be introduced into human life.
10 There are, to be sure, philosophers of
the very highest reputation who distinguish theoretically between
these three conceptions,/a although they are indissolubly blended
together; and they do this, I assume, on moral, conscientious
principles. [For whatever is just, they hold, is also expedient;
and, in like manner, whatever is morally right is also just. It
follows, then, that whatever is morally right is also expedient.)
Those who fail to comprehend that ------
a That is, they make a false distinction
between (1) moral rectitude that is at the same time expedient; (2)
moral rectitude that is (apparently) not expedient; and (3) the
expedient that is (apparently) not morally right. <Off-177>
BOOK II. iii.
theory do often, in their admiration for
shrewd and clever men, take craftiness for wisdom. But they must be
disabused of this error and their way of thinking must be wholly
converted to the hope and conviction that it is only by moral
character and righteousness, not by dishonesty and craftiness, that
they may attain to the objects of their desires. 11 Of the things, then, that are essential to
the sustenance of human life, some are inanimate (gold and silver,
for example, the fruits of the earth, and so forth), and some are
animate and have their own peculiar instincts and appetites. Of
these again some are rational, others irrational. Horses, oxen, and
the other cattle, [bees,] whose labour contributes more or less to
the service and subsistence of man, are not endowed with reason; of
rational beings two divisions are made-gods and men. Worship and
purity of character will win the favour of the gods; and next to the
gods, and a close second to them, men can be most helpful to men.
12 The same classification may likewise be
made of the things that are injurious and hurtful. But, as people
think that the gods bring us no harm, they decide (leaving the gods
out of the question) that men are most hurtful to men. {Wdswth+} As for mutual
helpfulness, those very things which we have called inanimate are
for the most part themselves produced by man's labours; we should
not have them without the application of manual labour and skill nor
could we enjoy them without the intervention of man. And so with
many other things: for without man's industry there could have been
no provisions for health, no navigation, no agriculture, no
ingathering or storing of the <Off-179>
BOOK II. iii.-iv.
13 fruits of the field or other kinds of
produce. Then, too, there would surely be no exportation of our
superfluous commodities or importation of those we lack, did not men
perform these services. By the same process of reasoning, without
the labour of man's hands, the stone needful for our use would not
be quarried from the earth, nor would "iron, copper, gold, and
silver, hidden far within," be mined. IV.
And how could houses ever have been provided in the first place for
the human race, to keep out the rigours of the cold and alleviate
the discomforts of the heat; or how could the ravages of furious
tempest or of earthquake or of time upon them afterward have been
repaired, had not the bonds of social life taught men in such events
to 14 look to their fellow-men for help?
Think of the aqueducts, canals, irrigation works, breakwaters,
artificial harbours; how should we have these without the work of
man? From these and many other illustrations it is obvious that we
could not in any way, without the work of man's hands, have received
the profits and the benefits accruing from inanimate things.
Finally, of what profit or service could animals be, without the
cooperation of man? For it was men who were the foremost in
discovering what use could be made of each beast; and to-day, if it
were not for man's labour, we could neither feed them nor break them
in nor take care of them nor yet secure the profits from them in due
season. By man, too, noxious beasts are destroyed, and those that
can be of use are captured. 15 Why should I recount the multitude of
arts without which life would not be worth living at all? For <Off-181>
BOOK II. iv.-v.
how would the sick be healed? What pleasure
would the hale enjoy? What comforts should we have, if there were
not so many arts to master to our wants? In all these respects the
civilized life of man is far removed from the standard of the
comforts and wants of the lower animals. And, without the
association of men, cities could not have been built or peopled. In
consequence of city life, laws and customs were established, and
then came the equitable distribution of private rights and a
definite social system. Upon these institutions followed a more
humane spirit and consideration for others, with the result that
life was better supplied with all it requires, and by giving and
receiving, by mutual exchange of commodities and conveniences, we
succeeded in meeting all our wants. 16 V. I have dwelt longer on
this point than was necessary. For who is there to whom those facts
which Panaetius narrates at great length are not self- evident -
namely, that no one, either as a general in war or as a statesman at
home, could have accomplished great things for the benefit of the
state, without the hearty co- operation of other men? He cites the
deeds of Themistocles, Pericles, Cyrus, Agesilaus, Alexander, who,
he says, could not have achieved so great success without the
suuport of other men. He calls in witnesses, whom he does not need,
to prove a fact that no one questions. And yet, as, on the one hand,
we secure great advantages through the sympathetic cooperation of
our fellow-men; so, on the other, there is no curse so terrible but
it is brought down by man upon man. {Wdswth+} There
is a book by Dicaearchus on "The Destruction of Human Life." He was
a famous <Off-183>
BOOK II. v.
and eloquent Peripatetic, and he gathered
together all the other causes of destruction - floods, epidemics,
famines, and sudden incursions of wild animals in myriads, by whose
assaults, he informs us, whole tribes of men have been wiped out.
And then he proceeds to show by way of comparison how many more men
have been destroyed by the assaults of men - that is, by wars or
revolutions -than by any and all other sorts of calamity. 17 Since,
therefore, there can be no doubt on this point, that man is the
source of both the greatest help and the greatest harm to man, I set
it down as the peculiar function of virtue to win the hearts of men
and to attach them to one's own service. And so those benefits that
human life derives from inanimate objects and from the employment
and use of animals are ascribed to the industrial arts; the
cooperation of men, on the other hand, prompt and ready for the
advancement of our interests, is secured through wisdom and virtue
[in men of superior 18 ability]. And,
indeed, virtue in general may be said to consist almost wholly in
three properties; the first is {Wisdom+}, the ability to perceive what in
any given instance is true and real, what its relations are, its
consequences, and its causes; the second is {Temperance+},
the ability to restrain the passions (which the Greeks call 7ra'oq)
and make the impulse's (6p,uat) obedient to reason; and the third is
{Justice+}, the skill to treat with
consideration and wisdom those with whom we are associated, in order
that we may through their cooperation have our natural wants
supplied in full and overflowing measure, that we may ward of any
impending trouble, avenge ourselves upon those who have attempted to
<Off-185>
BOOK II. v.-vi.
injure us, and visit them with such
retribution as justice and humanity will permit. 19 VI. I shall presently discuss the means by
which we can gain the ability to win and hold the affections of our
fellow- men; but I must say a few words by way of preface. Who fails
to comprehend the enormous, two-fold power of Fortune for weal and
for woe? When we enjoy her favouring breeze, we are waited over to
the wished-for haven; when she blows against us, we are dashed to
destruction. Fortune+ herself, then, does send
those other less usual calamities, arising, first, from inanimate
Nature - hurricanes, storms, shipwrecks, catastrophes,
conflagrations; second, from wild beasts - kicks, bites, and
attacks. But these, as I have said, are comparatively rare. 20 But think, on the one side, of the
destruction of armies (three lately, and many others at many
different times), the loss of generals (of a very able and eminent
commander recently), the hatred of the masses, too, and the
banishment that as a consequence frequently comes to men of eminent
services, their degradation and voluntary exile; think, on the other
hand, of the successes, the civil and military honours, and the
victories, - though all these contain an element of chance+, still they cannot be brought
about, whether for good or for ill, without the influence and the
cooperation of our fellow-men. With this understanding of the
influence of Fortune+, I may proceed to explain how we
can win. the affectionate cooperation of our fellows and enlist it
in our service. And if the discussion of this point is unduly
prolonged, let the length be compared <Off-187>
with the importance of the object in view.
It will then, perhaps, seem even too short. 21 Whenever, then, people bestow anything upon
a fellow-man to raise his estate or his dignity, it may be from any
one of several motives: (1) it may be out of good-will, when for
some reason they are fond of him; (2) it may be from esteem, if they
look up to his worth and think him deserving of the most splendid
fortune a man can have; (3) they may have confidence in him and
think that they are thus acting for their own interests; or (4) they
may fear his power; (5) they may, on the contrary, hope for some
favour - as, for example, when princes or demagogues bestow gifts of
money; or, finally, (6) they may be moved by the promise of payment
or reward. This last is, I admit, the meanest and most sordid motive
of all, both for those who are swayed by it and for those who
venture to 22 resort to it. For things are in a bad way, when that
which should be obtained by merit is attempted by money. But since
recourse to this kind of support is sometimes indispensable, I shall
explain how it should be employed; but first I shall discuss those
qualities which are more closely allied to merit. Now, it is by
various motives that people are led to submit to another's authority
and power: they may be influenced (1) by good-will; (2) by gratitude
for generous favours conferred upon them; (3) by the eminence of
that other's social position or by the hope that their submission
will turn to their own account; (4) by fear that they may be
compelled perforce to submit; (5) they may be captivated by the hope
of gifts of money and by liberal promises; or, finally, <Off-189>
BOOK II. vi.-vii.
(6) they may be bribed with money, as we
have frequently seen in our own country. 23
VII. But, of all motives, none is better adapted to secure influence
and hold it fast than love {diligi+}; nothing is more foreign
to that end than fear. For Ennius says admirably:
Whom they fear they hate. And
whom one hates, one hopes to see him dead. And we
recently discovered, if it was not known before, that no amount of
power can withstand the hatred of the many. The death of this
tyrant,/a whose yoke the state endured under the constraint of armed
force and whom it still obeys more humbly than ever, though he is
dead, illustrates the deadly effects of popular hatred; and the same
lesson is taught by the similar fate of all other despots, of whom
practically no one has ever escaped such a death. For fear is but a
poor safeguard of lasting power; while affection {benevolentia_fidelis+}, on the other hand,
may be trusted to keep it safe for ever. 24
But those who keep subjects in check by force would of course have
to employ severity - masters, for example, toward their servants,
when these cannot be held in control in any other way. But those who
in a free state deliberately put themselves in a position to be
feared are the maddest of the mad. For let the laws be never so much
overborne by some one individual's power, let the spirit of freedom
be never so intimidated, still sooner or later they assert
themselves either through unvoiced public sentiment, or through
secret ballots disposing of some high office of state. Freedom
suppressed and again regained bites with keener fangs than freedom
never ------ a Julius Caesar. <Off-191>
BOOK II. vii.
endangered. Let us, then, embrace this
policy, which appeals to every heart and is the strongest support
not only of security but also of influence and power -namely, to
banish fear and cleave to love {caritas+}. And
thus we shall most easily secure success both in private and in
public life. Furthermore, those who wish to be feared must
inevitably be afraid of those whom they intimidate. 25 What, for
instance, shall we think of the elder Dionysius? With what
tormenting fears he used to be racked! For through fear of the
barber's razor he used to have his hair singed off with a glowing
coal. In what state of mind do we fancy Alexander of Pherae lived?
We read in history that he dearly loved his wife Thebe; and yet,
whenever he went from the banquet-hall to her in her chamber, he
used to order a barbarian - one, too, tattooed like a Thracian, as
the records state - to go before him with a drawn sword; and he used
to send ahead some of his bodyguard to pry into the lady's caskets
and to search and see whether some weapon were not concealed in her
wardrobe. Unhappy man! To think a barbarian, a branded slave, more
faithful than his own wife! Nor was he mistaken. For he was murdered
by her own hand, because she suspected him of infidelity. And indeed
no power is strong enough to be last- 26 ing if it labours under the
weight of fear. Witness Phalaris, whose cruelty is notorious beyond
that of all others. He was slain, not treacherously (like that
Alexander whom I named but now), not by a few conspirators (like
that tyrant of ours), but the whole population of Agrigentum rose
against him with one accord. Again, did not the Macedonians abandon
Deme- <Off-193>
BOOK II. vii.-viii.
trius and march over as one man to Pyrrhus?
And again, when the Spartans exercised their supremacy tyrannically,
did not practically all the allies desert them and view their
disaster at Leuctra, as idle spectators? VIII. I prefer in this connection to draw my
illustrations from foreign history rather than from our own. Let me
add, however, that as long as the empire of the Roman People
maintained itself by acts of service, not of oppression, wars were
waged in the interest of our allies or to safeguard our supremacy;
the end of our wars was marked by acts of clemency {Hal+} or by only a necessary
degree of severity; the senate was a haven of refuge for kings,
tribes, 27 and nations; and the highest
ambition of our magistrates and generals was to defend our provinces
and (27) allies with justice and honour.
And so our government could be called more accurately a protectorate
of the world than a dominion. This policy and practice we had begun
gradually to modify even before Sulla's time; but since his victory
we have departed from it altogether. For the time had gone by when
any oppression of the allies could appear wrong, seeing that
atrocities so outrageous were committed against Roman citizens. In
Sulla's case, therefore, an unrighteous victory disgraced a
righteous cause. For when he had planted his spear/a and was selling
under the hammer in the forum the property of men who were patriots
and men of wealth and, at least, Roman citizens, he had the
effrontery to announce that "he was selling ------ a The Romans
were accustomed to set up a spear as a sign of an auction-sale - a
symbol derived from the sale of booty taken in war. <Off-195>
BOOK II. viii.
his spoils." After him came one who, in an
unholy cause, made an even more shameful use of victory; for he did
not stop at confiscating the property of individual citizens, but
actually embraced whole provinces and countries in one common ban of
ruin. 28 And so, when foreign nations had been oppressed and ruined,
we have seen a model of Marseilles carried in a triumphal
procession, to serve as proof to the world that the supremacy of the
people had been forfeited; and that triumph we saw celebrated over a
city without whose help our generals have never gained a triumph for
their wars beyond the Alps. I might mention many other outrages
against our allies, if the sun had ever beheld anything more
infamous than this particular one. Justly, therefore, are we being
punished. For if we had not allowed the crimes of many to go
unpunished, so great licence would never have centred in one
individual. His estate descended by inheritance to but a few indi-29
viduals, his ambitions to many scoundrels. And never will the seed
and occasion of civil war be wanting, so long as villains remember
that bloodstained spear and hope to see another. As Publius Sulla
wielded that spear, when his kinsman was dictator, so again
thirty-six years later he did not shrink from a still more criminal
spear. And still another Sulla, who was a mere clerk under the
former dictatorship, was under the later one a city quaestor. From
this, one would realize that, if such rewards are offered, civil
wars will never cease to be. And so in Rome only the walls of her
houses remain standing - and even they wait now in fear of the most
unspeakable crimes - but our republic we have lost for ever. But to
return to my subject: it is <Off-197>
BOOK II. viii.-ix.
while we have preferred to be the object of
fear rather than of love and affection {cari_diligi+}, that
all these misfortunes have fallen upon us. And if such retribution
could overtake the Roman People for their injustice and tyranny,
what ought private individuals to expect? And since it is manifest
that the power of good-will+ is
so great and that of fear is so weak, it remains for us to discuss
by what means we can most readily win the affection, linked with
honour and confidence, which we desire. 30 But we do not all feel
this need to the same extent; for it must be determined in
conformity with each individual's vocation in life whether it is
essential for him to have the affection of many or whether the love
of a few will suffice. Let this then be settled as the first and
absolute essential -that we have the devotion of friends,
affectionate and loving, who value our worth. For in just this one
point there is but little difference between the greatest and the
ordinary man; and friendship+ is to be cultivated
almost equally by both. 31 All men do not,
perhaps, stand equally in need of political honour, fame and the
good-will of their fellow-citizens; nevertheless, if these honours
come to a man, they help in many ways, and especially in the
acquisition of friends. IX. But friendship has been discussed in
another book of mine, entitled "Laelius." Let us now take up the
discussion of Glory, although I have published two books/a on that
subject also. Still, let us touch briefly on it here, since it is of
very great help in the conduct of more important business. The
highest, truest glory depends upon the fol- ------ a Now lost, though they were still known
to Petrarch. <Off-199>
BOOK II. ix.
lowing three things: the affection, the
confidence, and the mingled admiration and esteem of the people.
Such sentiments, if I may speak plainly and concisely, are awakened
in the masses in the same way as in individuals. But there is also
another avenue of approach to the masses, by which we can, as it
were, steal into the hearts of all at once. 32 But of the three above-named requisites, let
us look first at good- will and the rules for securing it. Good-will
is won principally through kind services/a; next to that, it is
elicited by the will to do a kind service, even though nothing
happen to come of it. Then, too, the love of people generally is
powerfully attracted by a man's mere name and reputation for generosity+, kindness, justice, honour, and
all those virtues that belong to gentleness of character {mansuetudinem+} and affability {facilitatem_easiness+} of manner. And
because that very quality which we term moral goodness and propriety
is pleasing to us by and of itself and touches all our hearts both
by its inward essence and its outward aspect and shines forth with
most lustre through those virtues named above, we are, therefore,
compelled by Nature herself to love those in whom we believe those
virtues to reside. Now these are only the most powerful motives to
love - not all of them; there may be some minor ones besides. 33 Secondly, the command of confidence can be
secured on two conditions: (1) if people think us possessed of
practical wisdom combined with a sense of justice. For we have
confidence in those who we think have more understanding than
ourselves, who, -- a Cicero means by "kind
services" the services of the lawyer; he was forbidden by law to
accept a fee; his services, if he contributed them, were "acts of
kindness." <Off-201>
BOOK II. ix.-x.
we believe, have better insight into the
future, and who, when an emergency arises and a crisis comes, can
clear away the diffculties and reach a safe decision according to
the exigencies of the occasion; for that kind of wisdom the world
accounts genuine and practical. But (2) confidence is reposed in men
who are just and true - that is, good men - on the definite
assumption that their characters admit of no suspicion of dishonesty
or wrong-doing. And so we believe that it is perfectly safe to
entrust our lives, our fortunes, and our children to their care. 34 Of these two qualities, then, justice has
the greater power to inspire confidence; for even without the aid of
wisdom, it has considerable weight; but wisdom without justice is of
no avail to inspire confidence; for take from a man his reputation
for probity, and the more shrewd and clever he is, the more hated
and mistrusted he becomes. Therefore, justice combined with
practical wisdom will command all the confidence we can desire;
justice without wisdom will be able to do much; wisdom without
justice will be of no avail at all. 35 X.
But I am afraid someone may wonder why I am now separating the
virtues - as if it were possible for anyone to be just who is not at
the same time wise; for it is agreed upon among all philosophers,
and I myself have often argued, that he who has one virtue has them
all. The explanation of my apparent inconsistency is that the
precision of speech we employ, when abstract truth is critically
investigated in philosophic discussion, is one thing; and that
employed, when we are adapting our language entirely to popular
thinking, is another. And therefore I am speaking here in the
popular sense, when <Off-203>
BOOK II. x.
I call some men brave, others good, and
still others wise; for in dealing with popular conceptions we must
employ familiar words in their common acceptation; and this was the
practice of Panaetius likewise But let us return to the subject. 36 The third, then, of the three conditions I
name as essential to glory is that we be accounted worthy of the
esteem and admiration of our fellow-men. While people admire in
general everything that is great or better than they expect, they
admire in particular the good qualities that they find unexpectedly
in individuals. {Hal+} And so they reverence and extol with
the highest praises those men in whom they see certain pre-eminent
and extraordinary talents; and they look down with contempt upon
those who they think have no ability, no spirit, no energy. For they
do not despise all those of whom they think ill. For some men they
consider unscrupulous, slanderous fraudulent, and dangerous; they do
not despise them, it may be; but they do think ill of them. And
therefore, as I said before, those are despised who are "of no use
to themselves or their neighbours," as the saying is, who are idle,
lazy, and indifferent. 37 On the other
hand, those are regarded with admiration who are thought to excel
others in ability and to be free from all dishonour and also from
those vices which others do not easily resist. For sensual pleasure+, a most seductive mistress, turns
the hearts of the greater part of humanity away from virtue; and
when the fiery trial of affliction draws near, most people are
terrified beyond measure. <Off-205>
BOOK II. x.-xi.
Life and death, wealth and want affect all
men most powerfully. But when men, with a spirit great and exalted,
can look down upon such outward circumstances, whether prosperous or
adverse, and when some noble and virtuous purpose, presented to
their minds, converts them wholly to itself and carries them away in
its pursuit, who then could fail to admire in them the splendour and
beauty of virtue? 38 XI. As, then, this
superiority of mind to such externals inspires great admiration, so
justice, above all, on the basis of which alone men are called "good
men," seems to people generally a quite marvellous virtue - and not
without good reason; for no one can be just who fears death or pain
or exile or poverty, or who values their opposites above equity. And
people admire especially the man who is uninfluenced by money+; and if a man has proved
himself in this direction, they think him tried as by fire. Those
three requisites, therefore, which were presupposed as the means of
obtaining glory, are all secured by justice: (1) good-will, for it
seeks to be of help to the greatest number; (2) confidence, for the
same reason; and (3) admiration, because it scorns and cares nothing
for those things, with a consuming passion for which most people are
carried away. 39 Now, in my opinion at
least, every walk and vocation in life calls for human co-operation
- first and above all, in order that one may have friends with whom
to enjoy social intercourse. And this is not easy, unless he is
looked upon as a good man. So, even to a man who shuns society and
to one who spends his life in the country a reputation for justice
is essential - even more <Off-207>
BOOK II. xi. -xii.
have no defence to protect them and so will
be 40 the victims of many kinds of wrong.
So also to buyers and sellers, to employers and employed, and to
those who are engaged in commercial dealings generally, justice is
indispensable for the conduct o business. Its importance is so
great, that not even those who live by wickedness and crime can get
on without some small element of justice. {mafia+} For if
a robber takes anything by force or by fraud from another member of
the gang, he loses his standing even in a band of robbers; and if
the one called the "Pirate Captain" should not divide the plunder
impartially, he would be either deserted or murdered by his
comrades. Why, they say that robbers even have a code of laws to
observe and obey. And so, because of his impartial division of
booty, Bardulis, the Illyrian bandit, of whom we read in Theopompus,
acquired great power, Viriatlius, of
Lusitania, much greater. He actually defied even our armies and
generals. But Gaius Laelius - the one surnamed "the Wise" - in his
praetorship crushed his power, reduced him to terms, and so checked
his intrepid daring, that he left to his successors an easy
conquest. Since, therefore, the efficacy of justice is so great that
it strengthens and augments the power even of robbers, how great do
we think its power will be in a constitutional government with its
laws and courts? 41 XII. Now it seems to
me, at least, that not only among the Medes, as Herodotus tells us,
but also among our own ancestors, men of high moral character were
made kings in order that the people might enjoy justice+. For, as the masses in their
helplessness were oppressed by the strong, they appealed for
protection to some one man who was <Off-209>
BOOK II. xii.
conspicuous for his virtue; and, as he
shielded the weaker classes from wrong, he managed by establishing
equitable conditions to hold the higher and the lower classes in an
equality of right. The reason for making constitutional laws was the
same as that for 42 making kings. For what people have always sought
is equality of rights before the law. For rights that were not open
to all alike would be no rights. If the people secured their end at
the hands of one just and good man, they were satisfied with that;
but when such was not their good fortune, laws were invented, to
speak to all men at all times in one and the same voice. This, then,
is obvious: nations used to select for their rulers those men whose
reputation for justice was high in the eyes of the people. If in
addition they were also thought wise, there was nothing that men did
not think they could secure under such leadership. Justice is,
therefore, in every way to be cultivated and maintained, both for
its own sake (for otherwise it would not be justice) and for the
enhancement of personal honour and glory. But as there is a method
not only of acquiring money+ but also
of investing it so as to yield an income to meet our continuously
recurring expenses - both for the necessities and for the more
refined comforts of life - so there must be a method of gaining
glory and turning it to account. And yet, as 43 Socrates used to express it so admirably,
"the nearest way to glory - a short cut, as it were - is to strive
to be what you wish to be thought to be." For if anyone thinks that
he can win lasting glory by pretence, by empty show, <Off-211>
BOOK II. xii.-xiii.
deep root and spreads its branches wide; but
all pretences soon fall to the ground like fragile flowers, and
nothing counterfeit can be lasting. There are very many witnesses to
both facts; but, for brevity's sake: I shall confine myself to one
family: Tiberius Gracchus, Publius's son, will be held in honour as
long as the memory of Rome shall endure; but his sons were not
approved by patriots while they lived, and since they are dead they
are numbered among those whose murder was justifiable. {tyrants+} XIII. If, therefore, anyone
wishes to win true glory, let him discharge the duties required by
justice. And what they are has been set forth in the course of the
preceding book. 44 (XIII.) But, although
the very essence of the problem is that we actually be what we wish
to be thought to be, still some rules may be laid down to enable us
most easily to secure the reputation of being what we are. For, if
anyone in his early youth has the responsibility of living up to a
distinguished name acquired either by inheritance from his father
(as, I think, my dear Cicero, is your good fortune) or by some
chance or happy combination of circumstances, the eyes of the world
are turned upon him; his life and character are scrutinized; and, as
if he moved in a blaze of light, not a word and not a deed of his 45
can be kept a secret. Those, on the other hand, whose humble and
obscure origin has kept them unknown to the world in their early
years ought, as soon as they approach young manhood, to set a high
ideal before their eyes and to strive with unswerving zeal towards
its realization. This they will do with the better heart, because
that time of life is <Off-213>
BOOK II. xiii.
accustomed to find favour rather than to
meet with opposition. Well, then, the first thing to recommend to a
young man in his quest for glory is that he try to win it, if he
can, in a military+ career. Among our forefathers
many distinguished themselves as soldiers; for warfare was almost
continuous then. The period of your own youth, however, has
coincided with that war in which the one side was too prolific in
crime, the other in failure. And yet, when Pompey placed you in
command of a cavalry squadron in this war, you won the applause of
that great man and of the army for your skill in riding and spear-
throwing and for endurance of all the hardships of the soldier's
life. But that credit accorded to you came to nothing along with the
fall of the republic. The subject of this discussion, however, is
not your personal history, but the general theme. Let us, therefore,
proceed to the sequel. 46 As, then, in everything else brain- work
is far more important than mere hand-work, so those objects which we
strive to attain through intellect and reason gain for us a higher
degree of gratitude than those which we strive to gain by physical
strength. The best recommendation, then, that a young man can have
to popular esteem proceeds from self- restraint, filial affection, and devotion to
kinsfolk. Next to that, young men win recognition most easily and
most favourably, if they attach themselves to men who are at once
wise and renowned as well as patriotic counsellors in public
affairs. {Bassanio+} And if they associate
constantly with such men, they inspire in the public the expectation
that they will be like them, seeing that they have themselves
selected them <Off-215>
BOOK II. xiii.-xiv.
47 for imitation. His frequent visits to the
home of Publius Mucius assisted young Publius Rutilius to gain a
reputation for integrity of character and for ability as a
jurisconsult. Not so, however, Lucius Crassus; for, though he was a
mere boy, he looked to no one else for assistance, but by his own
unaided ability he won for himself in that brilliant and famous
prosecution/a a splendid reputation as an orator. And at an age when
young men are accustomed with their school exercises to win applause
as students of oratory, this Roman Demosthenes, Lucius Crassus, was
already proving himself in the law-courts a master of the art which
he might even then have been studyng at home with credit to himself.
48 XIV. But as the classification of discourse is a twofold one -
conversation, on the one side; oratory, on the other - there can be
no doubt that of the two this debating power (for that is what we
mean by eloquence) counts for more toward the attainment of glory;
and yet, it is not easy to say how far an affable and courteous
manner in conversation may go toward winning the affections. We
have, for instance, the letters of Philip to Alexander, of Antipater
to Cassander, and of Antigonus to Philip the Younger. The authors of
these letters were, as we are informed, three of the wisest men in
history; and in them they instruct their sons to woo the hearts of
the populace to affection by words of kindness and to keep their
soldiers loyal by a winning address. But the speech that is
delivered in a debate before an assembly often stirs the hearts of
thousands at once; for the eloquent and judicious speaker is
received with high admiration, and his hearers think <Off-217>
BOOK II. xiv.
him understanding and wise beyond all
others. And, if his speech have also dignity combined with
moderation, he will be admired beyond all measure, especially if
these qualities are found in a young man. 49 But while there are occasions of many kinds
that call for eloquence, and while many young men in our republic
have obtained distinction by their speeches in the courts, in the
popular assemblies, and in the senate, yet it is the speeches before
our courts that excite the highest admiration. The classification of
forensic speeches also is a twofold one: they are divided into
arguments for the prosecution and arguments for the defence. And
while the side of the defence is more honourable, still that of the
prosecution also has very often established a reputation. I spoke of
Crassus a moment ago; Marcus Antonius, when a youth, had the same
success. A prosecution brought the eloquence of Publius Sulpicius
into favourable notice, when he brought an action against Gaius
Norbanus, a sedi- 50 tious and dangerous
citizen. But this should not be done often - never, in fact, except
in the interest of the state (as in the cases of those above
mentioned) or to avenge wrongs (as the two Luculli, for example,
did) or for the protection of our provincials (as I did in the
defence of the Sicilians, or Julius in the prosecution of Albucius
in behalf of the Sardinians). The activity of Lucius Fufius in the
impeachment of Manius Aquilius is likewise famous. This sort of
work, then, may be done once in a lifetime, or at all events not
often. But if it shall be required of anyone to conduct more
frequent prosecutions, let him do it as a service to his country;
for it is no disgrace to be often employed in the prosecution of her
<Off-219>
BOOK II. xiv.
enemies. And yet a limit should be set even
to that. For it requires a heartless man, it seems, or rather one
who is well- nigh inhuman, to be arraigning one person after another
on capital charges./a It is not only fraught with danger to the
prosecutor himself, but is damaging to his reputation, to allow
himself to be called a prosecutor. Such was the effect of this
epithet upon Marcus Brutus, the scion of a very noble family and the
son of that Brutus who was an eminent authority in the civil law.
51 Again, the following rule of duty is to
be carefully observed: never prefer a capital charge against any
person who may be innocent. For that cannot possibly be done without
making oneself a criminal. For what is so unnatural as to turn to
the ruin and destruction of good men the eloquence bestowed by
Nature for the safety and protection of our fellowmen? And yet,
while we should never prosecute the innocent, we need not have
scruples against undertaking on occasion the defence of a guilty
person, provided he be not infamously depraved and wicked. For
people expect it; custom sanctions it; humanity also accepts it. It
is always the business of the judge in a trial to find out the
truth; it is sometimes the business of the advocate to maintain what
is plausible, even if it be not strictly true, though I should not
venture to say this, especially in an ethical treatise, if it were
not also the position of Panaetius, that strictest of Stoics. Then,
too, briefs for the defence are most likely to bring glory and
popularity to the pleader, {Portia+} and
all the more so, if ever it falls to him to lend his aid to one who
seems to be oppressed and persecuted by the influence of someone in
power. This I have done on many other occasions; and once >Off-221>
BOOK II. xiv.-xv.
in particular, in my younger days, I
defended Sextus Roscius of Ameria against the power of Lucius Sulla
when he was acting the tyrant. The speech is published, as you know.
52 XV. Now that I have set forth the moral
duties of a young man, in so far as they may be exerted for the
attainment of glory, I must next in order discuss kindness {beneficientia+} and generosity {liberalitate+}. The manner of showing it is
twofold: kindness is shown to the needy either by personal service+, or by gifts of money.
The latter way is the easier, especially for a rich man; but the
former is nobler and more dignified and more becoming to a strong
and eminent man. For, although both ways alike betray a generous
wish to oblige, still in the one case the favour makes a draft upon
one's bank account, in the other upon one's personal energy; and the
bounty which is drawn from one's material substance tends to exhaust
the very fountain of liberality. Liberality is thus forestalled by
liberality: for the more people one has helped with 53 gifts of
money, the fewer one can help. But if people are generous and kind
in the way of personal service - that is, with their ability and
personal effort - various advantages arise: first, the more people
they assist, the more helpers they will have in works of kindness;
and second, by acquiring the habit of kindness they are better
prepared and in better training, as it were, for bestowing favours
upon many. In one of his letters Philip takes his son Alexander
sharply to task for trying by gifts of Money to secure the good-will
of the Macedonians: "What in the mischief induced you to entertain
such a hope," he says, "as that those men would be loyal subjects to
<Off-223>
BOOK II. xv.
you whom you had corrupted with money? Or
are you trying to do what you can to lead the Macedonians to expect
that you will be not their king but their steward and purveyor?"
"Steward and purveyor" was well said, because it was degrading for a
prince; better still, when he called the gift of money "corruption."
For the recipient goes from bad to worse and is made all the more
ready to be constantly looking for one bribe after another. 54 It
was to his son that Philip gave this lesson; but let us all take it
diligently to heart. That liberality, therefore, which consists in
personal service and effort is more honourable, has wider
application, and can benefit more people. There can be no doubt
about that. Nevertheless, we should sometimes make gifts of money;
and this kind of liberality is not to be discouraged altogether. We
must often distribute from our purse to the worthy poor, but we must
do so with discretion and moderation. For many/a have squandered
their patrimony by indiscriminate giving. But what is worse folly
than to do the thing you like in such a way that you can no longer
do it at all? Then, too, lavish giving leads to robbery;/b for when
through over-giving men begin to be impoverished, they are
constrained to lay their hands on the property of others. And so,
when men aim to be kind for the sake of winning good-will, the
affection they gain from the object of their gifts is not so great
as the hatred they incur from those whom they despoil. 55 One's purse, then, should not be closed so
tightly that a generous impulse <Off-225>
BOOK II. xv. -xvx.
should be observed and that limit should be
determined by our means. We ought, in a word, to remember the
phrase, which, through being repeated so very often by our
countrymen, has come to be a common proverb: "Bounty has no bottom."
For indeed what limit can there be, when those who have been
accustomed to receive gifts claim what they have been in the habit
of getting, and those who have not wish for the same bounty? XVI. There are, in general, two classes of
those who give largely: the one class is the lavish, the other the
generous. The lavish are those who squander their money on public
banquets, doles of meat among the people, gladiatorial shows,
magnificent games, and wild-beast fights - vanities of which but a
brief recollection will remain, or none at all. 56 The generous, on the other hand, are those
who employ their own means to ransom captives from brigands, or who
assume their friends' debts or help in providing dowries for their
daughters, or assist them in acquiring property or increasing what
they (56) have. And so I wonder what Theophrastus could have been
thinking about when he wrote his book on "Wealth." It contains much
that is fine; but his position is absurd, when he praises at great
length the magnificent appointments of the popular games, and it is
in the means for indulging in such expenditures that he finds the
highest privilege of wealth. {Bassanio+} But to me the privilege
it gives for the exercise of generosity, of which I have given a few
illustratio <Off-227>
BOOK II. xvi.
the populace. "If people in time of siege,"
he says, "are required to pay a mina for a pint of water, this seems
to us at first beyond belief, and all are amazed; but, when they
think about it, they make allowances for it on the plea of
necessity. But in the matter of this enormous waste and unlimited
expenditure we are not very greatly astonished, and that, too,
though by it no extreme need is relieved, no dignity is enhanced,
and the very gratification of the populace is but for a brief,
passing moment; such pleasure as it is, too, is confined to the most
frivolous, and even in these the very memory of their enjoyment dies
as 57 soon as the moment of gratification
is past." His conclusion, too, is excellent: "This sort of amusement
pleases children, silly women, slaves, and the servile free; but a
serious-minded man who weighs such matters with sound judgment
cannot possibly approve of them." And yet I realize that in our
country, even in the good old times, it had become a settled custom
to expect magnificent entertainments from the very best men in their
year of aedileship. So both Publius Crassus, who was not merely
surnamed "The Rich" but was rich in fact, gave splendid games in his
aedileship; and a little later Lucius Crassus (with Quintus Mucius,
the most unpretentious man in the world, as his colleague) gave most
magnificent entertainments in his aedileship. Then came Gaius
Claudius, the son of Appius, and, after him, many others-the
Luculli, Hortensius, and Silanus. Publius
Lentulus, however, in the year of my consulship, eclipsed all that
had gone before him, and Scaurus emulated him. And my friend
Pompey's exhibitions in his second consulship were the most
magnificent <Off-229>
BOOK II. xvi.-xvii.
of all. And so you see what I think about
all this sort of thing. 58 XVII. Still we should avoid any suspicion
of penuriousness. Mamercus was a very wealthy man, and his refusal
of the aedileship was the cause of his defeat for the consulship.
If, therefore, such entertainment is demanded by the people, men of
right judgment must at least consent to furnish it, even if they do
not like the idea. But in so doing they should keep within their
means, as I myself did. They should likewise afford such
entertainment, if gifts of money to the people are to be the means
of securing on some occasion some more important or more useful
object. Thus Orestes recently won great honour by his public dinners
given in the streets, on the pretext of their being a
tithe-offering. Neither did anybody find fault with Marcus Scius for
supplying grain to the people at an as/a the peck at a time when the
market-price was prohibitive; for he thus succeeded in disarming the
bitter and deep-seated prejudice of the people against him at an
outlay neither very great nor discreditable to him in view of the
fact tha he was aedile at the time. But the highest honour recently
fell to my friend Milo, who bought a band of gladiators for the sake
of the country, whose preservation then depended upon my recall from
exile, and with them put down the desperate schemes, the reign of
terror, of Publius Clodius. The justification for gifts of money,
therefore, is 59 either necessity or expediency. And, in making them
even in such cases, the rule of the golden mean is best. To be sure,
Lucius Philippus, the son of Quintus, a man of great ability and
unusual renown, used to <Off-231>
BOOK II. xvi. -xvii.
make it his boast that without giving any
entertainments he had risen to all the positions looked upon as the
highest within the gift of the state. Cotta could say the same, and
Curio. I, too, may make this boast my own - to a certain extent;/a
for in comparison with the eminence of the offices to which I was
unanimously elected at the earliest legal age - and this was not the
good fortune of any one of those just mentioned - the outlay in my
aedileship was very inconsiderable. 60
Again, the expenditure of money is better justified when it is made
for walls, docks, harbours, aqueducts, and all those works which are
of service to the community. There is, to be sure, more of present
satisfaction in what is handed out, like cash down; nevertheless
public improvements win us greater gratitude with posterity. Out of
respect for Pompey's memory I am rather diffident about expressing
any criticism of theatres, colonnades, and new temples; and yet the
greatest philosophers do not approve of them - our Panaetius
himself, for example, whom I am following, not slavishly
translating, in these books; so, too, Demetrius of Phalerum, who
denounces Pericles, the foremost man of Greece, for throwing away so
much money on the magnificent, far-famed Propylaea. But this whole
theme is discussed at length in my books on "The Republic." To
conclude, the whole system of public bounties in such extravagant
amount is intrinsically wrong; but it may under certain
circumstances be necessary to make them; even then they must be
proportioned to our ability and regulated by the golden mean. 61 XVIII. Now, as touching that second division
of <Off-233>
BOOK II. xviii.
gifts of money, those which are prompted by
a spirit of generosity, we ought to look at different cases
differently. The case of the man who is overwhelmed by misfortune is
different from that of the one who is seeking to better his
condition, though 62 he suffers from no
actual distress. It will be the duty of charity to incline more to
the unfortunate, unless, perchance, they deserve their misfortune.
But of course we ought by no means to withhold our assistance
altogether from those who wish for aid, not to save them from utter
ruin but to enable them to reach a higher degree of fortune. But, in
selecting worthy cases, we ought to use judgment and discretion.
For, as Ennius says so admirably,
Good deeds misplaced, methinks,
are evil deeds. 63 Furthermore, the favour conferred
upon a man who is good and grateful finds its reward, in such a
case, not only in his own good-will but in that of others. For, when
generosity is not indiscriminate giving, it wins most gratitude and
people praise it with more enthusiasm, because goodness of heart in
a man of high station becomes the common refuge of everybody. Pains
must, therefore, be taken to benefit as many as possible with such
kindnesses that the memory of them shall be handed down to children
and to children's children, so that they too may not be ungrateful.
For all men detest ingratitude+ and look upon the sin of it as a
wrong committed against themselves also, because it discourages
generosity; and they regard the ingrate as the common foe of all the
poor. Ransoming prisoners from servitude and relieving the poor is a
form of charity that is a service to the <Off-235>
BOOK II. xviii.
state as well as to the individual. And we
find in one of Crassus's orations the full proof given that such
beneficence used to be the common practice of our order. This form
of charity, then, I much prefer to the lavish expenditure of money
for public exhibitions. The former is suited to men of worth and
dignity, the latter to those shallow flatterers, if I may call them
so, who tickle with idle pleasure, so to speak, the fickle fancy of
the rabble. 64 It will, moreover, befit a
gentleman to be at the same time liberal in giving and not
inconsiderate in exacting his dues, but in every business relation -
in buying or selling, in hiring or letting, in relations arising out
of adjoining houses and lands - to be fair, reasonable, often freely
yielding much of his own right, and keeping out of litigation as far
as his interests will permit and perhaps even a little farther. For
it is not only generous occasionally to abate a little of one's
rightful claims, but it is sometimes even advantageous. We should,
however, have a care for our personal property, for it is
discreditable to let it run through our fingers; but we must guard
it in such a way that there shall be no suspicion of meanness or
avarice. For the greatest privilege of wealth+ is, beyond all
peradventure, the opportunity it affords for doing good, without
sacrificing one's fortune. Hospitality+
also is a theme of Theophrastus's praise, and rightly so. For, as it
seems to me at least, it is most proper that the homes of
distinguished men should be open to distinguished guests. And it is
to the credit of our country also that men from abroad do not fail
to find hospitable entertainment of this kind in our city. It is,
moreover, a very <Off-237>
BOOK II. xviii.-xix.
great advantage, too, for those who wish to
obtain a powerful political influence by honourable means to be able
through their social relations with their guests to enjoy popularity
and to exert influence abroad. For an instance of extraordinary
hospitality, Theophrastus writes that at Athens Cimon was hospitable
even to the Laciads, the people of his own deme; for he instructed
his bailiffs to that end and gave them orders that every attention
should be shown to any Laciad who should ever call at his country
home. 65 XIX. Again, the kindnesses shown not by gifts of money but
by personal service/a are bestowed sometimes upon the community at
large, sometimes upon individual citizens. To protect a man in his
legal rights [to assist him with counsel,] and to serve as many as
possible with that sort of knowledge tends greatly to increase one's
influence and popularity. Thus, among the many admirable ideas of
our ancestors was the high respect they always accorded to the study
and interpretation of the excellent body of our civil law. And down
to the present unsettled times the foremost men of the state have
kept this profession exclusively in their own hands; but now the
prestige of legal learning has departed along with offices of honour
and positions of signity; ana this is the more deplorable, because
it has come to pass in the lifetime of a man/b who in knowledge of
the law would easily have surpassed all his predecessors, while in
honour he is their peer. Service such as this, then, finds many to
appreciate it and is calculated to bind people closely to us by our
good services. <Off-239>
BOOK II. xix.
66 Closely connected with this profession,
furthermore, is the gift of eloquence; it is at once more popular
and more distinguished. For what is better than eloquence to awaken
the admiration of one's hearers or the hopes of the distressed or
the gratitude of those whom it has protected? It was to eloquence,
therefore, that our fathers assigned the foremost rank among the
civil professions. The door of opportunity for generous patronage to
others, then, is wide open to the orator whose heart is in his work
and who follows the custom of our forefathers in undertaking the
defence of many clients without reluctance and without compensation.
67 My subject suggests that at this point I
express once more my regret at the decadence, not to say the utter
extinction, of eloquence; and I should do so, did I not fear that
people would think that I were complaining on my own account. We
see, nevertheless, what orators have lost their lives and how few of
any promise are left, how far fewer there are who have ability, and
how many there are who have nothing but presumption. But though not
all - no, not even many - can be learned in the law or, eloquent as
pleaders, still anybody may be of service to many by canvassing in
their support for appointments, by witnessing to their character
before juries and magistrates, by looking out for the interests of
one and another, and by soliciting for them the aid of jurisconsults
or of advocates. Those who perform such services win the most
gratitude and find a most extensive sphere for their activities. 68 Of course, those who pursue such a course do
not need to be warned (for <Off-241>
BOOK II. xix.-xx.
offend others. For oftentimes they hurt
those whom they ought not or those whom it is inexpedient to offend.
If they do it inadvertently, it is carelessness; if designedly,
inconsiderateness. A man must apologize also, to the best of his
ability, if he has involuntarily hurt anyone's feelings, and explain
why what he has done was unavoidable and why he could not have done
otherwise; and he must by future services and kind offices atone for
the apparent offence. 69 XX. Now in
rendering helpful service to people, we usually consider either
their character or their circumstances. And so it is an easy remark,
and one commonly made, to say that in investing kindnesses we look
not to people's outward circumstances, but to their character. The
phrase is admirable! But who is there, pray, that does not in
performing a service set the favour of a rich and influential man
above the cause of a poor, though most worthy, person? For, as a
rule, our will is more inclined to the one from whom we expect a
prompter and speedier return. But we should observe more carefully
how the matter really stands: the poor man of whom we spoke cannot
return a favour in kind, of course, but if he is a good man he can
do it at least in thankfulness of heart. As someone has happily
said, "A man has not repaid money, if he still has it; if he has
repaid it, he has ceased to have it. But a man still has the sense
of favour+, if he has returned the favour; and
if he has the sense of the favour, he has repaid it." On <Off-243>
BOOK II. xx.
conferred a favour by accepting one, however
great and they even suspect that a claim is thereby set up against
them or that something is expected in return. Nay more, it is bitter
as death to them to have 70 accepted a
patron or to be called clients. Your man of slender means, on the
other hand, feels that whatever is done for him is done out of
regard for himself and not for his outward circumstances. Hence he
strives to show himself grateful not only to the one who has obliged
him in the past but also to those from whom he expects similar
favours in the future - and he needs the help of many; and his own
service, if he happens to render any in return, he does not
exaggerate, but he actually depreciates it. This fact, furthermore,
should not be overlooked - that, if one defends a wealthy favourite
of fortune, the favour does not extend further than to the man
himself or, possibly, to his children. But, if one defends a man who
is poor but honest and upright, all the lowly who are not dishonest
- and there is a large proportion of that sort among the people -
look upon such an advocate as a tower of defence raised up for 71 them. I think, therefore, that kindness to
the good is a better investment than kindness to the favourites of
fortune. We must, of course, put forth every effort to oblige all
sorts and conditions of men, if we can. But if it comes to a
conflict of duty on this point, we must, I should say, follow the
advice of Themistocles: when someone asked his advice whether he
should give his daughter in marriage to a man who was poor but
honest or to one who was rich but less esteemed, he said: "For my
part, I prefer a man without money to money without a man." {Bassanio+} But the moral sense of <Off-245>
BOOK II. xx. - xxi.
to-day is demoralized and depraved by our
worshi of wealth+. Of what concern to any
one of us is the size of another man's fortune? It is, perhaps, an
advantage to its possessor; but not always even that. But suppose it
is; he may, to be sure, have more money to spend; but how is he any
the better man for that? Still, if he is a good man, as well as a
rich one, let not his riches be a hindrance to his being aided, if
only they are not the motive to it; but in conferring favours our
decision should depend entirely upon a man's character, not on
his wealth+. The supreme rule, then, in the
matter of kindnesses to be rendered by personal service is never to
take up a case in opposition to the right nor in defence of the
wrong. For the foundation of enduring reputation and fame is
justice, and without justice there can be nothing worthy of praise.
72 XXI. Now, since we have finished the discussion of that kind of
helpful services which concern individuals, we must next take up
those which touch the whole body politic and the state. Of these
public services, some are of such a nature that they concern the
whole body of citizens; others, that they affect individuals only.
And these latter are the more productive of gratitude. If possible,
we should by all means attend to both kinds of service; but we must
take care in protecting the interests of individuals that what we do
for them shall be beneficial, or at least not prejudicial, to thestate+. Gaius Gracchus inaugurated
largesses of grain on an extensive scale; this had a tendency to
exhaust the exchequer. Marcus Octavius inaugurated a moderate dole;
this was both practicable for the state and necessary for <Off-247>
BOOK II. xxi.
the commons; it was, therefore, a blessing
both to the citizens and to the state. 73
The man in an administrative office, however, must make it his first
care that everyone shall have what belongs to him and that private
citizens suffer no invasion of their property rights by act of the
state. It was a ruinous policy that Philippus proposed when in his
tribuneship he introduced his agrarian bill. However, when his law
was rejected, he took his defeat with good grace and displayed
extraordinary moderation. But in his public speeches on the measure
he often played the demagogue, and that time viciously, when he said
that "there were not in the state two thousand people who owned any
property." That speech deserves unqualified condemnation, for it
favoured an equal distribution of property; and what more ruinous
policy than that could be conceived? For the chief purpose in the
establishment of constitutional state and municipal governments was
that individual property rights might be secured. For, although it
was by Nature's guidance that men were drawn together into
cornmunities, it was in the hope of safeguarding their possessions
that they sought the protection of cities. 74 The administration should also put forth
every effort to prevent the levying of a property tax, and to this
end precautions should be taken long in advance. Such a tax was
often levied in the times of our forefathers on account of the
depleted state of their treasury and their incessant wars. But, if
any state (I say "any," for I would rather speak in general terms
than forebode evils to our own; however, I am not discussing our own
state but states in general) - if any state ever has to face a
crisis requiring the <Off-249>
BOOK II. xxi.-xxii.
imposition of such a burden, every effort
must be made to let all the people realize that they must bow to the
inevitable, if they wish to be saved. And it will also be the duty
of those who direct the affairs of the state to take measures that
there shall be an abundance of the necessities of life. It is
needless to discuss the ordinary ways and means; for the duty is
self- evident; it is necessary only to mention the matter. 75 But the chief thing in all public
administration and public service is to avoid even the slightest
suspicion of self-seeking. "I would," says Gaius Pontius, the
Samnite, "that fortune had withheld my appearance until a time when
the Romans began to accept bribes, and that I had been born in those
days! I should then have suffered them to hold their supremacy no
longer." Aye, but he would have had many generations to wait; for
this plague has only recently infected our nation. And so I rejoice
that Pontius lived then instead of now, seeing that he was so mighty
a man! It is not yet a hundred and ten years since the enactment of
Lucius Piso's bill to punish extortion; there had been no such law
before. But afterward came so many laws, each more stringent than
the other, so many men were accused and so many convicted, so
horrible a war a was stirred up on account of the fear of what our
courts would do to still others, so frightful was the pillaging and
plundering of the allies when the laws and courts were suppressed,/b
that now we find ourselves strong not in our own strength but in the
weakness of others. 76 XXII. Panaetius
praises Africanus for his integrity+ in
public life. Why should he not? But Africanus <Off-251>
BOOK II. xii.
had other and greater virtues. The boast of
official integrity belongs not to that man alone but also to his
times. When Paulus got possession of all the wealth of Macedon - and
it was enormous - he brought into our treasury so much money/a that
the spoils of a single general did away with the need for a tax on
property in Rome for all time to come. But to his own house he
brought nothing save the glory of an immortal name. Africanus
emulated his father's example and was none the richer for his
overthrow of Carthage. And what shall we say of Lucius Mummius, his
colleague in the censorship? Was he one penny the richer when he had
destroyed to its foundations the richest of cities? He preferred to
adorn Italy rather than his own house. And yet by the adornment of
Italy his own house was, as it seems to me, still more splendidly
adorned. 77 There is, then, to bring the
discussion back to the point from which it digressed, no vice more
offensive than avarice, especially in men who stand foremost and
hold the helm of state. For to exploit the state for selfish profit
is not only immoral; it is criminal, infamous. And so the oracle,
which the Pythian Apollo uttered, that "Sparta should not fall from
any other cause than avarice," seems to be a prophecy not to the
Lacedaemonians alone, but to all wealthy nations as well. They who
direct the affairs of state, then, can win the good-will of the
masses by no other means more easily than by self-restraint and
self-denial. 78 But they who pose as friends of the people, and who
for that reason either attempt to have agrarian laws passed, in
order that the occupants may be driven out of their homes, or
propose that money <Off-253>
BOOK II. xxii.-xxiii.
loaned should be remitted to the borrowers,
are undermining the foundations of the connnonwealth: first of all,
they are destroying harmony, which cannot exist when money is taken
away from one party and bestowed upon another; and second, they do
away with equity, which is utterly subverted, if the rights of
property are not respected. For, as I said above, it is the peculiar
function of the state and the city to guarantee to every man the
free and undisturbed control of his own particular property. 79 And yet, when it comes to measures so
ruinous to public welfare, they do not gain even that popularity
which they anticipate. For he who has been robbed of his property is
their enemy; he to whom it has been turned over actually pretends
that he had no wish to take it; and most of all, when his debts are
cancelled, the debtor conceals his joy, for fear that he may be
thought to have been insolvent; whereas the victim of the wrong both
remembers it and shows his resentment openly. Thus even though they
to whom property has been wrongfully awarded be more in number than
they from whom it has been unjustly taken, they do not for that
reason have more influence; for in such matters influence is
measured not by numbers but by weight. And how is it fair that a man
who never had any property should take possession of lands that had
been occupied for many years or even generations, and that he who
had them before should lose possession of them? 80 XXIII. Now, it was on account of just this
sort of wrong- doing that the Spartans banished their ephor
Lysander, and put their king Agis to death - an act without
precedent in the history of Sparta. From that time on - and for the
same reason - disssensions <Off-255>
BOOK II. xxiii.
so serious ensued that tyrants arose, the
nobles were sent into exile, and the state, though most admirably
constituted, crumbled to pieces. Nor did it fall alone, but by the
contagion of the ills that starting in Lacedaemon, spread widely and
more widely, it dragged the rest of Greece down to ruin. What shall
we say of our own Gracchi, the sons of that famous Tiberius Gracchus
and grandsons of Africanus? Was it not strife over the agrarian
issue that caused their downfall and death? 81 Aratus of Sicyon, on the other hand, is
justly praised. When his city had been kept for fifty in the power
of its tyrants, he came over from Argos to Sicyon, secretly entered
the city and took it by surprise; he fell suddenly upon the tyrant
Nicocles, recalled from banishment six hundred exiles who had been
the wealthiest men of the city, and by his coming made his country
free. But he found great difficulty in the matter of property and
its occupancy; for he considered it most unjust, on the one hand,
that those men should be left in want whom he had restored and of
whose property others had taken possession; and he thought it hardly
fair, on the other hand, that tenure of fifty years' standing should
be disturbed. For in the course of that long period many of those
estates had passed into innocent hands by right of inheritance, many
by purchase, many by dower. He therefore decided that it would be
wrong either to take the property away from the present incumbents
or to let them keep it 82 without compensation to its former
possessors. So, when he had come to the conclusion that he must have
money to meet the situation, he announced that he meant to make a
trip to Alexandria and gave <Off-257>
BOOK II. xxiii.
orders that matters should remain as they
were until his return. And so he went in haste to his friend
Ptolemy, then upon the throne, the second king after the founding of
Alexandria. To him he explained that he wished to restore
constitutional liberty to his country and presented his case to him.
And, being a man of the highest standing, he easily secured from
that wealthy king assistance in the form of a large sum of money.
And, when he had returned with this to Sicyon, he called into
counsel with him fifteen of the foremost men of the city. With them
he investigated the cases both of those who were holding possession
of other people's property and of those who had lost theirs. And he
managed by a valuation of the properties to persuade some that it
was more desirable to accept money and surrender their present
holdings; others he convinced that it was more to their interest to
take a fair price in cash for their lost estates than to try to
recover possession of what had been their own. As a result, harmony
was preserved, and all parties went their way without a word of
complaint. 83 A great statesman, and worthy
to have been born in our commonwealth! That is the right way to deal
with one's fellow- citizens, and not, as we have already witnessed
on two occasions, to plant the spear in the forum and knock down the
property of citizens under the auctioneer's hammer. But yon Greek,
like a wise and excellent man, thought that he must look out for the
welfare of all. And this is the highest statesmanship and the
soundest wisdom on the part of a good citizen, not to divide the
interests of the citizens but to unite all on the basis of impartial
justice. "Let them live in their neighbour's <Off-259>
BOOK II. xxiii.- xxiv.
house rent-free."/a Why so? In order that,
when I have bought, built, kept up, and spent my money upon a place,
you may without my consent enjoy what belongs to me? What else is
that but to rob one man of what belongs to him and to give to 84 another what does not belong to him? And
what is the meaning of an abolition of debts, except that you buy a
farm with my money; that you have the farm, and I have not my money?
XXIV. We must, therefore, take measures
that there shall be no indebtedness of a nature to endanger the
public safety. It is a menace that can be averted in many ways; but
should a serious debt be incurred, we are not to allow the rich to
lose their property, while the debtors profit by what is their
neighbour's. For there is nothing that upholds a government more
powerfully han its credit; and it can have no credit, unless the
payment of debts is enforced by law. Never were measures for the
repudiation of debts more strenuously agitated than in my
consulship. Men of every sort and rank attempted with arms and
armies to force the project through. But I opposed them with such
energy that this plague was wholly eradicated from the body politic.
Indebtedness was never greater; debts were never liquidated more
easily or more fully; for the hope of defrauding the creditor was
cut off and payment was enforced by law. But the present victor,
though vanquished then, still carried out his old design, when it
was no longer of any personal advantage to him./b So great was his
passion for wrongdoing that the very doing of wrong was a joy to him
for its own sake even when there was no motive for it. <Off-261>
BOOK II. xxxv.
85 Those, then, whose office it is to look
after the interests of the state will refrain from that form of
liberality which robs one man to enrich another. Above all, they
will use their best endeavours that everyone shall be protected in
the possession of his own property by the fair administration of the
law and the courts, that the poorer classes shall not be oppressed
because of their helplessness, and that envy shall not stand in the
way of the rich, to prevent them from keeping or recovering
possession of what justly belongs to them; they must strive, too, by
whatever means they can, in peace or in war, to advance the state in
power, in territory, and in revenues. Such service calls for great
men; it was commonly rendered in the days of our ancestors; if men
will perform duties such as these, they will win popularity and
glory for themselves and at the same time render eminent service to
the state. 86 Now, in this list of rules
touching expediency, Antipater of Tyre, a Stoic philosopher who
recently died at Athens, claims that two points were overlooked by
Panaetius - the care of health and of property. I presume that the
eminent philosopher overlooked these two items because they present
no difficulty. At all events they are expedient. Although they are a
matter of course, I will still say a few words on the subject.
Individual health is preserved by studying one's own constitution,
by observing what is good or bad for one, by constant self-control
in supplying physical wants and comforts (but only to the extent
necessary to self-preservation), by forgoing sensual pleasures, and
finally, by the professional skill of those to whose science these
matters belong. <Off-263>
BOOK II. xxiv.- xxv.
87 As for property, it is a duty to make
money, but only by honourable means; it is a duty also to save it
and increase it by care and thrift. These principles Xenophon, a
pupil of Socrates, has set forth most happily in his book entitled
"Oeconomicus." {Protestant_Ethic+} When I was about your
present age, I translated it from the Greek into Latin. But this
whole subject of acquiring money, investing money (I wish I could
include also spending money), is more profitably discussed by
certain worthy gentlemen on "Change" than could be done by any
philosophers of any school. For all that, we must take cognizance of
them for they come fitly under the head of expediency, and that is
the subject of the present book. 88 XXV.
But it is often necessary to weigh one expediency against another; -
for this, as I stated, is a fourth point overlooked by Panaetius.
For not only are physical advantages regularly compared with outward
advantages [and outward, with physical], but physical advantages are
compared with one another, and outward with outward. Physical
advantages are compared with outward advantages in some such way as
this: one may ask whether it is more desirable to have health than
wealth; [external advantages with physical, thus: whether it is
better to have wealth than extraordinary bodily strength;] while the
physical advantages may be weighed against one another, so that good
health is preferred to sensual pleasure, strength to agility.
Outward advantages also may be weighed against one another: glory,
for example, may be preferred to riches, an income derived from city
property to one derived from the 89 farm. To this class of
comparisons belongs that <Off-265>
BOOK II. xxv.
famous saying of old Cato's: when he was
asked what was the most profitable feature of an estate, he replied:
"Raising cattle successfully." What next to that? "Raising cattle
with fair success." And next? "Raising cattle with but slight
success." And fourth? "Raising crops." And when his questioner said,
"How about money - lending?" Cato replied: "How about murder?" {Shylock+} From this as well as
from many other incidents we ought to realize that expediencies have
often to be weighed against one another and that it is proper for us
to add this fourth division in the discussion of moral duty. Let us
now pass on to the remaining problem. <Off-267>
BOOK III+ THE
CONFLICT BETWEEN THE RIGHT AND THE EXPEDIENT
<Off-269>
BOOK III
I. Cato, who was of about the same years,
Marcus, my son, as that Publius Scipio who first bore the surname of
Africanus, has given us the statement that Scipio used to say that
he was never less idle than when he had nothing to do and never less
lonely than when he was alone. An admirable sentiment, in truth, and
becoming to a great and wise man. It shows that even in his leisure
hours his thoughts were occupied with public business and that he
used to commune with himself when alone; and so not only was he
never unoccupied, but he sometimes had no need for company. The two
conditions, then, that prompt others to idleness - leisure and
solitude - only spurred him on. I wish I could say the same of
myself and say it truly. But if by imitation I cannot attain to such
excellence of character, in aspiration, at all events, I approach it
as nearly as I can; for as I am kept by force of armed treason away
from practical politics and from my practice at the bar, I am now
leading a life of leisure. For that reason I have left the city and,
wandering in the country from place to place, I am often alone. 2 But I should not compare this leisure of mine
with that of Africanus, nor this solitude with his. For he, to find
leisure from his splendid services to his country, used to take a
vacation now and then and to retreat from the assemblies and the
throngs of men into solitude, as, into a haven of rest. But
<Off-271>
BOOK III. i.
my leisure is forced upon me by want of
public business, not prompted by any desire for repose. For now that
the senate has been abolished ana the courts have been closed, what
is there, in keeping with my self-respect, that I can do either in
the senate 3 chamber or in the forum? So, although I once lived amid
throngs of people and in the greatest publicity, I am now shunning
the sight of the miscreants with whom the world abounds and
withdrawing from the public eye as far as I may, and I am often
alone. But I have learned from philosophers that among evils one
ought not only to choose the least, but also to extract even from
these any element of good that they may contain. For that reason, I
am turning my leisure to account - though it is not such repose as
the man should be entitled to who once brought the state repose from
civil strife - and I am not letting this solitude, which necessity
and not my will imposes on me, find me idle. 4 And yet, in my judgment, Africanus earned the
higher praise. {public_service+} For no literary
monuments of his genius have been published, we have no work
produced in his leisure hours, no product of his solitude. From this
fact we may safely infer that, because of the activity of his mind
and the study of those problems to which he used to direct his
thought, he was never unoccupied, never lonely. But I have not
strength of mind enough by means of silent meditation to forget my
solitude; and so I have turned all my attention and endeavour to
this kind of literary work. I have, accordingly, written more in
this short time since the downfall of the republic than I did in the
course of many years, while the republic stood. <Off-273>
BOOK III. ii.
5 II. But, my dear Cicero, while the whole
field of philosophy is fertile and productive and no portion of it
barren and waste, still no part is richer or more fruitful than that
which deals with moral duties; for from these are derived the rules
for leading a consistent {constanter+}
and moral life. And therefore, although you are, as I trust,
diligently studying and profiting by these precepts under the
direction of our friend Cratippus, the foremost philosopher of the
present age, I still think it well that your ears should be dinned
with such precepts from every side and that if it could be, they
should hear nothing else. 6 These precepts
must be laid to heart by all who look forward to a career of honour,
and I am inclined to think that no one needs them more than you. For
you will have to fulfil the eager anticipation that you will imitate
my industry, the confident expectation that you will emulate my
course of political honours, and the hope that you will, perhaps,
rival my name and fame. You have, besides, incurred a heavy
responsibility on account of Athens and Cratippus: for, since you
have come to them for the purchase, as it were, of a store of
liberal culture, it would be a great discredit to you to return
empty-handed, thereby disgracing the high reputation of the city and
of your master. Therefore, put forth the best mental effort of which
you are capable; work as hard as you can (if learning is work rather
than pleasure); do your very best to succeed; and do not, when I
have put all the necessary means at your disposal, allow it to be
said that you have failed to do your part. But enough of this. For I
have written again and again for your encouragement. Let us now <Off-275>
BOOK III. ii.
return to the remaining section of our
subject as outlined. 7 Panaetius, then, has given us what is
unquestionably the most thorough discussion of moral duties that we
have, and I have followed him in the main -but with slight
modifications. He classifies under three general heads the ethical
problems which people are accustomed to consider and weigh: first,
the question whether the matter in hand is morally right or morally
wrong; second, whether it is expedient or inexpedient; third, how a
decision ought to be reached, in case that which has the appearance
of being morally right clashes with that which seems to be
expedient. He has treated the first two heads at length in three
books; but, while he has stated that he meant to discuss the third
head in its proper 8 turn, he has never
fulfilled his promise. And I wonder the more at this, because
Posidonius, a pupil of his, records that Panaetius was still alive
thirty years after he published those three books. And I am
surprised that Posidonius has but briefly touched upon this subject
in certain memoirs of his, and especially, as he states that there
is no other topic in the whole range of philosophy so essentially
important as this. 9 Now, I cannot possibly accept the view of those
who say that that point was not overlooked but purposely omitted by
Panaetius, and that it was not one that ever needed discussion,
because there never can be such a thing as a conflict between
expediency and moral rectitude. But with regard to this assertion,
the one point may admit of doubt - whether that question which is
third in <Off-277>]
BOOK III. ii.-iii.
but the other point is not open to debate -
that it was included in Panaetius's plan but left unwritten. For, if
a writer has finished two divisions of a threefold subject, the
third must necessarily remain for him to do. Besides, he promises at
the close of the third book that he will discuss this division also
in its 10 proper turn. We have also in
Posidonius a competent witness to the fact. He writes in one of his
letters that Publius Rutilius Rufus, who also was a pupil of
Panaetius's, used to say that "as no painter had been found to
complete that part of the Venus of Cos which Apelles had left
unfinished (for the beauty of her face made hopeless any attempt
adequately to represent the rest of the figure), so no one, because
of the surpassing excellence of what Panaetius did complete, would
venture to supply what he had left undone." 11 III. In regard to Panaetius's real
intentions, therefore, no doubt can be entertained. But whether he
was or was not justified in adding this third division to the
inquiry about duty may, perhaps, be a matter for debate. For whether
moral goodness is the only good, as the Stoics believe, or whether,
as your Peripatetics think, moral goodness is in so far the highest
good that everything else gathered together into the opposing scale
would have scarcely the slightest weight, it is beyond question that
expediency can never conflict with moral rectitude. And so, we have
heard, Socrates used to pronounce a curse upon those who first drew
a conceptual distinction between things naturally inseparable. With
this doctrine the Stoics are in agreement in so far as they maintain
that if anything is morally right, it is <Off-279>
BOOK III. iii.
expedient, and if anything is not morally
right, it is not expedient. 12 But if
Panaetius were the sort of man to say that virtue is worth
cultivating only because it is productive of advantage, as do
certain philosophers who measure the desirableness of things by the
standard of pleasure or of absence of pain, he might argue that
expediency sometimes clashes with moral rectitude. But since he is a
man who judges that the morally right is the only good, and that
those things which come in conflict with it have only the appearance
of expediency and cannot make life any better by their presence nor
any worse by their absence, it follows that he ought not to have
raised a question involving the weighing of what seems expedient
against 13 what is morally right.
Furthermore, when the Stoics speak of the supreme good as "living
conformably to Nature," they mean, as I take it, something like
this: that we are always to be in accord with virtue, and from all
other things that may be in harmony with Nature to choose only such
as are not incompatible with virtue. This being so, some people are
of the opinion that it was not right to introduce this
counterbalancing of right and expediency and that no practical
instruction should have been given on this question at all. And yet
moral goodness, in the true and proper sense of the term, is the
exclusive possession of the wise and can never be separated from
virtue; but those who have not perfect wisdom cannot possibly have
perfect moral goodness, but only a semblance 14 of it. And indeed these duties under
discussion in these books the Stoics call "mean duties";/a they are
a common possession and have wide application; and <Off-281>
BOOK III. iii.-iv.
many people attain to the knowledge of them
through natural goodness of heart and through advancement in
learning. But that duty which those same Stoics call "right" is
perfect and absolute and "satisfies all the numbers,"/a as that same
school says, and is 15 attainable by none
except the wise man. On the other hand, when some act is performed
in which we see "mean" duties manifested, that is generally regarded
as fully perfect, for the reason that the common crowd does not, as
a rule, comprehend how far it falls short of real perfection; but,
as far as their comprehension does go, they think there is no
deficiency. This same thing ordinarily occurs in the estimation of
poems, paintings, and a great many other works of art: ordinary
people enjoy and praise things that do not deserve praise. The
reason for this, I suppose, is that those productions have some
point of excellence which catches the fancy of the uneducated,
because these have not the ability to discover the points of
weakness in any particular piece of work before them. And so, when
they are instructed by experts, they readily abandon their former
opinion. IV. The performance of the duties, then, which I am
discussing in these books, is called by the Stoics a sort of
second-grade moral goodness, not the peculiar property of their wise
men, but shared by them with 16 all
mankind. Accordingly, such duties appeal to all men who have a
natural disposition to virtue. And when the two Decii or the two
Scipios are mentioned as "brave men" or Fabricius {or Aristides+} is called "the just," it is not
at all that the former are quoted as perfect models of courage or
the latter as a perfect model of justice, as if we had in one of
them the ideal "wise man." For no one of them was wise in <Off-283>
BOOK III. iv.
the sense in which we wish to have "wise"
understood; neither were Marcus Cato and Gaius Laelius wise, though
they were so considered and were surnamed "the wise." Not even the
famous Seven were "wise." But because of their constant observance
of "mean" duties they bore a certain semblance and likeness to wise
men. 17 For these reasons it is unlawful
either to weigh true morality against conflicting expediency, or
common morality, which is cultivated by those who wish to be
considered good men, against what is profitable; but we every-day
people must observe and live up to that moral right which comes
within the range of our comprehension as jealously as the truly wise
men have to observe and live up to that which is morally right in
the technical and true sense of the word. For otherwise we cannot
maintain such progress as we have made in the direction of virtue.
So much for those who have won a reputation for being good men by
their careful observance of duty. 18 Those,
on the other hand, who measure everything by a standard of profits
and personal advantage and refuse to have these outweighed by
considerations of moral rectitude are accustomed, in considering any
qestion, to weigh the morally right against what they think the
expedient; good men are not. And so I believe that when Panaetius
stated that people were accustomed to hesitate to do such weighing,
he meant precisely what he said - merely that "such was their
custom," not that such was their duty. And he gave it no approval;
for it is most immoral to think more highly of the apparently,
expdient than of the morally right, or even to set <Off-285>
BOOK III. iv.
these over against each other and to
hesitate to choose between them. What, then, is it that may
sometimes give room for a doubt and seem to call for consideration?
It is, I believe, when a question arises as to the char- 19 acter of
an action under consideration. For it often happens, owing to
exceptional circumstances, that what is accustomed under ordinary
circumstances to be considered morally wrong is found not to be
morally wrong. For the sake of illustration, let us assume some
particular case that admits of wider application - what more
atrocious crime can there be than to kill a fellow-man, and
especially an intimate friend? But if anyone kills a tyrant - be he
never so intimate a friend - he has not laden his soul with guilt,
has he? The Roman People, at all events, are not of that opinion;
for of all glorious deeds they hold such an one to be the most
noble. {tyrant+} Has expediency, then,
prevailed over moral rectitude? Not at all; moral rectitude has gone
hand in hand with expediency. Some general rule, therefore, should
be laid down to enable us to decide without error, whenever what we
call the expedient seems to clash with what we feel to be morally
right; and, if we follow that rule in comparing courses of conduct,
we shall never 20 swerve from the path of
duty. That rule, moreover, shall be in perfect harmony with the
Stoics' system and doctrines. It is their teachings that I am
following in these books, and for <Off-287>
BOOK III. iv.-v.
these problems, if conducted by those who
consider whatever is morally right also expedient and nothing
expedient that is not at the same time morally right, will be more
illuminating than if conducted by those who think that something not
expedient may be morally right and that something not morally right
may be expedient. But our New Academy allows us wide liberty, so
that it is within my right to defend any theory that presents itself
to me as most probable. But to return to my rule. 21 V. Well then, for a man to take something
from his neighbour and to profit by his neighbour's loss is more
contrary to Nature than is death or poverty or pain or anything else
that can affect either our person or our property. For, in the first
place, injustice is fatal to social life and fellowship between man
and man. For, if we are so disposed that each, to gain some personal
profit, will defraud or injure his neighbour, then those bonds+ of human society, which are most in
accord with Nature's laws, must of 22
necessity be broken. Suppose, by way of comparison, that each one of
our bodily members should conceive this idea and imagine that it
could be strong and well if it should draw off to itself the health
and strength of its neighbouring member, the whole body would
necessarily be enfeebled and die; so, if each one of us should seize
upon the property of his neighbours and take from each whatever he
could appropriate to his own use, the bonds of human society must
inevitably be annihilated. For, without any conflict with Nature's
laws, it is granted that everybody may prefer to secure for himself
rather than for his neighbour what is essential for the conduct of
life; but Nature's laws do forbid us to increase <Off-289>
BOOK III. v.
our means, wealth, and resources by
despoiling others. 23 But this principle is
established not by Nature's laws alone (that is, by the common rules
of equity), but also by the statutes of particular communities, in
accordance with which in individual states the public interests are
maintained. In all these it is with one accord ordained that no man
shall be allowed for the sake of his own advantage to injure his
neighbour. For it is to this that the laws have regard; this is
their intent, that the bonds of union between citizens should not be
impaired; and any attempt to destroy these bonds is repressed by the
penalty of death, exile, imprisonment, or fine. Again, this
principle follows much more effectually directly from the Reason
which is in Nature, which is the law of gods and men. If anyone will
hearken to that voice (and all will hearken to it who wish to live
in accord with Nature's laws), he will never be guilty of coveting
anything that is his neighbour's or of appropriating to himself what
he has taken 24 from his neighbour. Then, too, loftiness and
greatness of spirit, and courtesy, justice, and generosity are much
more in harmony with Nature than are selfish pleasure, riches, and
life itself; but it requires a great and lofty spirit to despise
these latter and count them as naught, when one weighs them over
against the common weal. [But for anyone to rob his neighbour for
his own profit is more contrary to Nature than death, pain, and the
like.] 25 In like manner it is more in accord with Nature to emulate
the great Hercules and undergo the greatest toil and trouble for the
sake of aiding or saving the world, if possible, than to live in
seclusion, {Prospero+} <Off-291>
BOOK III. v.- vi.
not only free from all care, but revelling
in pleasures and abounding in wealth, while excelling others also in
beauty and strength. Thus Hercules denied himself and underwent toil
and tribulation for the world, and, out of gratitude for his
services, popular belief has given him a place in the council of the
gods. The better and more noble, therefore, the character with which
a man is endowed, the more does he prefer the life of service+ to the life of pleasure. Whence it
follows that man, if he is obedient to Nature, cannot do harm to his
fellow-man. 26 Finally, if a man wrongs his neighbour to gain some
advantage for himself he must either imagine that he is not acting
in defiance of Nature or he must believe that death, poverty, pain,
or even the loss of children, kinsmen, or friends, is more to be
shunned than an act of injustice against another. If he thinks he is
not violating the laws of Nature, when he wrongs his fellow-men, how
is one to argue with the individual who takes away from man all that
makes him man? But if he belleves that, while such a course should
be avoided, the other alternatives are much worse - namely, death,
poverty, pain - he is mistaken in thinking that any ills affecting
either his person or his property are more serious than those
affecting his soul. VI. This, then, ought to be the chief end of all
men, to make the interest of each individual and of the whole body
politic identical. For, if the individual appropriates to selfish
ends what should be devoted to the common good, all human fellowship
will be destroyed. 27 And further, if Nature ordains that one man
shall <Off-293>
BOOK III. vi.
desire to promote the interests of a
fellow-man, whoever he may be, just because he is a fellow-man, then
it follows, in accordance with that same Nature, that there are
interests that all men have in common. And, if this is true, we are
all subject to one and the same law of Nature; and, if this also is
true, we are certainly forbidden by Nature's law to wrong our
neighbour. Now the first assumption is true; 28 therefore the conclusion is likewise true.
For that is an absurd position which is taken by some people, who
say that they will not rob a parent or a brother for their own gain,
but that their relation to the rest of their fellow-citizens is
quite another thing. {gift+} Such people contend in essence that
they are bound to their fellow-citizens by no mutual obligations,
social ties, or common interests. This attitude demolishes the whole
structure of civil society. Others again who say that regard should
be had for the rights of fellow-citizens, but not of foreigners,
would destroy the universal brotherhood+ of
mankind; and, when this is annihilated, kindness, generosity,
goodness, and justice must utterly perish; and those who work all
this destruction must be considered as wickedly rebelling against
the immortal gods. For they uproot the fellowship which the gods
have established between human beings, and the closest bond of this
fellowship is the conviction that it is more repugnant to Nature for
man to rob a fellow-man for his own gain than to endure all possible
loss, whether to his property or to his person . . . or even to his
very soul-so far as these losses are not concerned with justice; a
for this virtue is the sovereign mistress and queen of all the
virtues. <Off-295>
BOOK III. vi.
29 But, perhaps, someone may say: "Well,
then, suppose a wise man were starving to death, might he not take
the bread of some perfectly useless member of society?" [Not at all;
for my life is not more precious to me than that temper of soul
which would keep me from doing wrong to anybody for my own
advantage.] "Or again; supposing a righteous man were in a position
to rob the cruel and inhuman tyrant, Phalaris of clothing, might he
not do it to keep himself from freezing to death?" 30 These cases are very easy to decide. For, if
merely, for one's own benefit one were to take something away from a
man, though he were a perfectly worthless fellow, it would be an act
of meanness and contrary to Nature's law. But suppose one would be
able, by remaining alive, to render signal service to the state and
to human society - if from that motive one should take something
from another, it would not be a matter for censure. {Fenelon+} But, if such is not the case,
each one must bear his own burden of distress rather than rob a
neighbour of his rights. We are not to say, therefore, that sickness
or want or any evil of that sort is more repugnant to Nature than to
covet and to appropriate what is one's neighbour's; but we do
maintain that disregard of the common interests 31 is repugnant to Nature; for it is unjust.
And therefore Nature's law itself, which protects and conserves
human interests, will surely determine that a man who is wise, good,
and brave, should in emergency have the necessaries of life
transferred to him from a person who is idle and worthless; for the
good man's death would be a heavy loss to the common weal; only let
him beware that self- esteem and self-love do not find in such a
transfer of possessions <Off-297>
BOOK III. vi.-vii.
a pretext for wrong-doing. {Oswald+} But,
thus guided in his decision, the good man will always perform his
duty, promoting the general interests of human society of which I am
so fond of dwelling. 32 As for the case of
Phalaris, a decision is quite simple: we have no ties of fellowship
with a tyrant+, but rather the bitterest feud; and
it is not opposed to Nature to rob, if one can, a man whom it is
morally right to kill; -nay, all that pestilent and abominable race
should be exterminated from human society. And this may be done by
proper measures; for, as certain members are amputated, if they show
signs themselves of being bloodless and virtually lifeless and thus
jeopardize the health of the other parts of the body, so those
fierce and savage monsters in human form should be cut off from what
may be called the common body of humanity. Of this sort are all
those problems in which we have to determine what moral duty is, as
it varies with varying circumstances. 33
VII. It is subjects of this sort that I believe Panaetius would have
followed up, had not some accident or business interfered with his
design. For the elucidation of these very questions there are in his
former books rules in plenty, from which one can learn what should
be avoided because of its immorality and what does not have to be
avoided for the reason that it is not immoral at all. We are now
putting the capstone, as it were, upon our structure, which is
unfinished, to be sure, but still almost completed; and, as
mathematicians make a practice of not demonstrating every
proposition, but require that certain axioms be assumed as true, in
order more easily to explain their meaning, so, my <Off-299>
BOOK III. vii.
dear Cicero, I ask you to assume with me, if
you can, that nothing is worth the seeking for its own sake except
what is morally right. But if Cratippus/a does not permit this
assumption, you will still grant this at least - that what is
morally right is the object most worth the seeking for its own sake.
Either alternative is sufficient for my purposes; first the one and
then the other seems to me the more probable,, and, besides these,
there is no other alternative that seems probable at all./b 34 In the first place, I must undertake the
defence of Panaetius on this point; for he has said, not that the
truly expedient could under certain circumstances clash with the
morally right (for he could not have said that conscientiously /c),
but only that what seemed expedient could do so. For he often bears
witness to the fact that nothing is really expedient that is not at
the same time morally right, and nothing morally right that is not
at the same time expedient; and he says that no greater curse has
ever assailed human life than the doctrine of those who have
separated these two conceptions. And so he introduced an apparent,
not a real, conflict between them, not to the end that we should
under certain circumstances give the expedient preference over the
moral, but that, in case they ever should get in each other's way,
we might decide between them without uncertainty. This part,
therefore, which was passed over by Panaetius, I will carry to
completion without any auxiliaries, but fighting my own battle, as
the saying is. For, of all that has been worked out on this line
since the time of Panaetius, nothing that has come into my hands is
at all satisfactory to me. <Off-301>
BOOK III. viii.
35 VIII. Now when we meet with expediency in
some specious form or other, we cannot help being influenced by it.
But if upon closer inspection one sees that there is some immorality
connected with what presents the appearance of expediency, then one
is not necessarily to sacrifice expediency but to recognize that
there can be no expediency where there is immorality. But if there
is nothing so repugnant to Nature as immorality (for Nature demands
right and harmony and consistency and abbors their opposites), and
if nothing is so thoroughly in accord with Nature as expediency,
then surely expediency and immorality cannot coexist in one and the
same object. Again: if we are born for moral rectitude and if that
is either the only thing worth seeking, as Zeno thought, or at least
to be esteemed as infinitely outweighing everything else, as
Aristotle holds, then it necessarily follows that the morally right
is either the sole good or the supreme good. Now, that which is good
is certainly expedient; consequently, that which is morally right is
also expedient. 36 Thus it is the error of
men who are not strictly upright to seize upon something that seems
to be expedient and straightway to dissociate that from the question
of moral right. To this error the assassin's dagger, the poisoned
cup, the forged wills owe their origin; this gives rise to theft,
embezzlement of public funds, exploitation and plundering of
provincials and citizens; this engenders also the lust for excessive
wealth, for despotic power, and finally for making oneself king even
in the midst of a free people; and anything more atrocious or
repulsive than such a passion cannot be conceived. For <Off-303>
BOOK III. viii. - ix.
with a false perspective they see the
material rewards but not the punishment -I do not mean the penalty
of the law, which they often escape, but the heaviest penalty of
all, their own demoralization+. 37 Away, then, with
questioners of this sort (for their whole tribe is wicked and
ungodly), who stop to consider whether to pursue the course which
they see is morally right or to stain their hands with what they
know is crime. For there is guilt in their very deliberation, even
though they never reach the performance of the deed itself. Those
actions, therefore, should not be considered at all, the mere
consideration of which is itself morally wrong. Furthermore, in any
such consideration we must banish any vain hope and thought that our
action may be covered up and kept secret. For if we have only made
some real progress in the study of philosophy, we ought to be quite
convinced that, even though we may escape the eyes of gods and men,
we must still do nothing that savours of greed or of injustice, of
lust or of intemperance. 38 IX. By way of illustrating this truth
Plato introduces the familiar story of Gyges+: Once upon a time the earth
opened in consequence of heavy rains; Gyges went down into the chasm
and saw, so the story goes, a horse of bronze; in its side was a
door. On opening this door he saw the body of a dead man of enormous
size with a gold ring upon his finger. He removed this and put it on
his own hand and then repaired to an assembly of the shepherds, for
he was a shepherd of the king. As often as he turned the bezel of
the ring inwards toward the palm of his hand, he became invisible to
everyone, while he himself saw everything; but as often as he turned
<Off-305>
BOOK III. ix.
it back to its proper position, he became
visible again. And so, with the advantage which the ring gave him,
he debauched the queen, and with her assistance he murdered his
royal master and removed all those who he thought stood in his way,
without anyone's being able to detect him in his crimes. Thus, by
virtue of the ring, he shortly rose to be king of Lydia. Now,
suppose a wise man had just such a ring, he would not imagine that
he was free to do wrongly any more than if he did not have it; for
good men aim to secure not secrecy but the right. 39 And yet on this point certain philosophers,
who are not at all vicious but who are not very discerning, declare
that the story related by Plato is fictitious and imaginary. As if
he affirmed that it was actually true or even possible! But the
force of the illustration of the ring is this: if nobody were to
know or even to suspect the truth, when you do anything to gain
riches or power or sovereignty or sensual gratification - if your
act should be hidden for ever from the knowledge of gods and men,
would you do it? The condition, they say, is impossible. Of course
it is. But my question is, if that were possible which they declare
to be impossible, what, pray, would one do? They press their point
with right boorish obstinacy, they assert that it is impossible and
insist upon it; they refuse to see the meaning of my words, "if
possible." For when we ask what they would do, if they could escape
detection, we are not asking whether they can escape detection; but
we put them as it were upon the rack: should they answer that, if
impunity were assured, they would do what was most to their selfish
interest, <Off-307>
BOOK III. ix.-x.
that would be a confession that they are
criminally minded; should they say that they would not do so they
would be granting that all things in and of themselves immoral
should be avoided. But let us now return to our theme. 40 X. Many cases oftentimes arise to perplex
our minds with a specious appearance of expediency: the question
raised in these cases is not whether moral rectitude is to be
sacrificed to some considerable advantage (for that would of course
be wrong), but whether the apparent advantage can be secured without
moral wrong. When Brutus deposed his colleague Collatinus from the
consular office, his treatment of him might have been thought
unjust; for Collatinus had been his associate, and had helped him
with word and deed in driving out the royal family. But when the
leading men of the state had determined that all the kindred of
Superbus and the very name of the Tarquins and every reminder of the
monarchy should be obliterated, then the course that was expedient -
namely, to serve the country's interests - was so pre-eminently
right, that it was even Collatinus's own duty to acquiesce in its
justice. And so expediency gained the day because of its moral
rightness; for without moral rectitude there could have been no
possible expediency. Not so in the case of the king/a who founded
the 41 city: it was the specious appearance of expediency that
actuated him; and when he decided that it was more expedient for him
to reign alone than to share the throne with another, he slew his
brother./b He threw to the winds his brotherly affection and his
human feelings, to secure what seemed to him - but was not
-expedient; and yet in defence of his deed <Off-309>
BOOK III. x.
he offered the excuse about his wall - a
specious show of moral rectitude, neither reasonable nor adequate at
all. He committed a crime, therefore, with due respect to him let me
say so, be he Quirinus or Romulus./a 42 And yet we are not required
to sacrifice our own interest and surrender to others what we need
for ourselves, but each one should consider his own interests, as
far as he may without injury to his neighbour's. "When a man enters
the foot- race," says Chrysippus with his usual aptness, "it is his
duty to put forth all his strength and strive with all his might to
win; but he ought never with his foot to trip, or with his hand to
foul a competitor. Thus in the stadium of life, it is not unfair for
anyone to seek to obtain what is needful for his own advantage, but
he has no right to wrest it from his neighbour." 43 It is in the
case of friendships, however, that men's conceptions of duty are
most confused; for it is a breach of duty either to fail to do for a
friend what one rightly can do, or to do for him what is not right.
But for our guidance in all such cases we have a rule that is short
and easy to master: apparent advantages - political preferment,
riches, sensual pleasures, and the like - should never be preferred
to the obligations of friendship+.
But an upright man will, never for a friend's sake do anything in
violation of his country's interests or his oath or his sacred
honour, not even if he sits as judge in a friend's case; for he lays
aside the role of friend when he assumes that of judge. Only so far
will he make concessions to friendship, that he will prefer his
friend's side to be the juster one and that he will set the time for
presenting his case, as far as the <Off-311>
BOOK III. x.
laws will allow, to suit his friend's
convenience 44 But when he comes to
pronounce the verdict under oath, he should remember that he has God
as his witness - that is, as I understand it, his own conscience,
than which God himself has bestowed upon man nothing more divine.
From this point of view it is a fine custom that we have inherited
from our forefathers (if we were only true to it now), to appear to
the juror with this formula - "to do what he can consistently with
his sacred honour." This form of appeal is in keeping with what I
said a moment ago would be morally right for a judge to concede to
friend. For supposing that we were bound to everything that our
friends desired, such relations would have to be accounted not
friendships but 45 conspiracies. But I am
speaking here of ordinary friendships; for among men who are ideally
wise and perfect such situations cannot arise. They say that Damon+ and Phintias, of the Pythagorean
school, enjoyed such ideally perfect friendship, that when the
tyrant Dionysius had appointed a day for the executing of one of
them, and the one who had been condemned to death requested a few
days' respite for the purpose of putting his loved ones in the care
of friends, the other became surety for his appearance, with the
understanding that his friend did not return, he himself should be
put to death. And when the friend returned on the day appointed, the
tyrant in admiration for their faithfulness begged that they would
enrol him as a third partner in their friendship. <Off-313>
BOOK III. x.- xi.
moral rectitude prevail; and when in
friendship requests are submitted that are not morally right, let
conscience and scrupulous regard for the right take precedence of
the obligations of friendship. In this way we shall arrive at a
proper choice between conflicting duties - the subject of this part
of our investigation. XI. Through a
specious appearance of expediency wrong is very often committed in
transactions between state and state, as by our own country in the
destruction of Corinth. A more cruel wrong was perpetrated by the
Athenians in decreeing that the Aeginetans, whose strength lay in
their navy, should have their thumbs cut off. This seemed to be
expedient; for Aegina was too grave a menace, as it was close to the
Piraeus. But no cruelty can be expedient; for cruelty is most
abhorrent to human 47 nature, whose lead we ought to follow. They,
too, do wrong who would debar foreigners from enjoying the
advantages of their city and would exclude them from its borders, as
was done by Pennus in the time of our fathers, and in recent times
by Papius. It may not be right, of course, for one who is not a
citizen to exercise the rights and privileges of citizenship; and
the law on this point was secured by two of our wisest consuls,
Crassus and Scaevola. Still, to debar foreigners from enjoying the
advantages of the city is altogether contrary to the laws of
humanity. There are splendid examples in history where the apparent
expediency of the state has been set at naught out of regard for
moral rectitude. Our own country has many instances to offer
throughout her history, and especially in the Second Punic War, <Off-315>
BOOK III. xi.
when news came of the disaster at Cannae,
Rome displayed a loftier courage than ever she did in success; never
a trace of faint-heartedness, never a mention of making terms. The
influence of moral right is so potent, at it eclipses the specious
appearance of expediency. 48 When the
Athenians could in no way stem the tide of the Persian invasion and
determined to abandon their city, bestow their wives and children in
safety at Troezen, embark upon their ships, and fight on the sea for
the freedom of Greece, a man named Cyrsilus proposed that they
should stay at home and open the gates of their city to Xerxes. They
stoned him to death for it. And yet he was working for what he
thought was expediency; but it was not - not at all, for it clashed
with moral rectitude. 49 After the victorious close of that war with
Persia, Themistocles announced in the Assembly that he had a plan
for the welfare of the state, but that it was not politic to let it
be generally known. He requested the people to appoint someone with
whom he might discuss it. They appointed Aristides. Themistocles confided to him that the Spartan
fleet, which had been hauled up on shore at Gytheum, could be
secretly set on fire; this done, the Spartan power would inevitably
be crushed. When Aristides heard the plan, he came into the Assembly
amid the eager expectation of all and reported that the plan
proposed by Themistocles was in the highest degree expedient, but
anything but morally right. The result was that the Athenians
concluded that what was not morally ri <Off-317>
BOOK III. xi.-xii.
whole proposition without even listening to
it. Their attitude was better than ours; for we let pirates go scot
free, while we make our allies pay tribute./a XII. Let it be set
down as an established principle, then, that what is morally wrong
can never be expedient - not even when one secures by means of it
that which one thinks expedient; for the mere act of thinking a
course expedient, when it is morally 50
wrong, is demoralizing. But, as I said above, cases often arise in
which expediency may seem to clash with moral rectitude; and so we
should examine carefully and see whether their conflict is
inevitable or whether they may be reconciled. The following are
problems of this sort: suppose, for example, a time of dearth and
famine at Rhodes, with provisions at fabulous prices; and suppose
that an honest man has imported a large cargo of grain from
Alexandria and that to his certain knowledge also several other
importers have set sail from Alexandria, and that on the voyage he
has sighted their vessels laden with grain and bound for Rhodes; is
he to report the fact to the Rhodians or is he to keep his own
counsel and sell his own stock at the highest market price? I am
assuming the case of a virtuous, upright man, and I am raising the
question how a man would think and reason who would not conceal the
facts from the Rhodians if he thought that it was immoral to do so,
but who might be in doubt whether such silence would really be
immoral. 61 In deciding cases of this kind
Diogenes of Babylonia, a great and highly esteemed Stoic,
consistently holds one view; his pupil Antipater, a most profound
scholar, holds another. According to Antipater all the facts should
be disclosed, that the buyer may <Off-319>
BOOK III. xii.
not be uninformed of any detail that the
seller knows; according to Diogenes the seller should declare any
defects in his wares, in so far as such a course is prescribed by
the common law of the land; but for the rest, since he has goods to
sell, he may try to sell them to the best possible advantage,
provided he is guilty of no misrepresentation. "I have imported my stock," Diogenes's merchant
will say; "I have offered it for sale; I sell at a price no higher
than my competitors - perhaps even lower, when the market is
overstocked. Who is wronged?" "What say
you?" comes Antipater's argument on the other side; "it is your duty
to consider the interests of your fellow- men and to serve society;
you were brought into the world under these conditions and have
these inborn principles which you are in duty bound to obey and
follow, that your interest shall be the interest of the community
and conversely that the interest of the community shall be your
interest as well; will you, in view of all these facts, conceal from
your fellow- men what relief in plenteous supplies is close at hand
for them?" "It is one thing to conceal,"
Diogenes will perhaps reply; not to reveal is quite a different
thing. At this present moment I am not concealing from you, even if
I am not revealing to you, the nature of gods or the highest good;
and to know these secrets would be of more advantage to you than to
know that the price of wheat was down. But I am under no obligation
to tell you everything that it may be to your interest to be told."
53 "Yea," Antipater will say, "but you are,
as you must admit, if you will only bethink you of the <Off-321>
BOOK III. xii.-xiii.
bonds of fellowship forged by Nature and
existing between man and man." "I do not
forget them," the other will reply: but do you mean to say that
those bonds of fellowship are such that there is no such thing as
private property? If that is the case, we should not sell anything
at all, but freely give everything away." XIII. In this whole discussion, you see, no one
says, "However wrong morally this or that may be, still, since it is
expedient, I will do it"; but the one side asserts that a given act
is expedient, without being morally wrong, while the other insists
that the act should not be done, because it is morally wrong. 54
Suppose again that an honest man is offering a house for sale on
account of certain undesirable features of which he himself is aware
but which nobody else knows; suppose it is unsanitary, but has the
reputation of being healthful; suppose it is not generally known
that vermin are to be found in all the bedrooms; suppose, finally,
that it is built of unsound timber and likely to collapse, but that
no one knows about it except the owner; if the vendor does not tell
the purchaser these facts but sells him the house for far more than
he could reasonably have expected to get for it, I ask whether his
transaction is unjust or dishonourable. 55
"Yes," says Antipater, "it is; for to allow a purchaser to be hasty
in closing a deal and through mistak <Off-323>
BOOK III. xiii.
worse than refusing to set a man on his way:
it is deliberately leading a man astray." "Can you say," answers Diogenes, "that he
compelled you to purchase, when he did not even advise it? He
advertised for sale what he did not like; you bought what you did
like. If people are not considered guilty of swindling when they
place upon their placards FOR SALE: A FINE VILLA, WELL BUILT, even
when it is neither good nor properly built, still less guilty are
they who say nothing in praise of their house. For there the
purchaser may exercise his own judgment, what fraud can there be on
the part of the vendor? But if, again, not all that is expressly
stated has to be made good, do you think a man is bound to make good
what has not been said? What, pray, would be more stupid than for a
vendor to recount all the faults in the article he is offering for
sale? And what would be so absurd as for an auctioneer to cry, at
the owner's bidding, 'Here is an unsanitary house for sale'?" 56 In this way, then, in certain doubtful cases
moral rectitude is defended on the one side, while on the other side
the case of expediency is so presented as to make it appear not only
morally right to do what seems expedient, but even morally wrong not
to do it. This is the contradiction that seems often to arise
between the expedient and the morally right. But I must give my
decision in these two cases; for I did not propound them merely to
raise the ques- 57 tions, but to offer a
solution. I think, then, that it was the duty of that grain-dealer
not to keep back the facts from the Rhodians, and of this vendor of
the house to deal in the same way with his purchaser. The fact is
that merely holding one's peace about a <Off-325>
BOOK III. xiii.-xiv.
thing does not constitute concealment, but
concealment consists in trying for your own profit to keep others
from finding out something that you know, when it is for their
interest to know it. And who fails to discern what manner of
concealment that is and what sort of person would be guilty of it?
At all events he would be no candid or sincere or straightforward or
upright or honest man, but rather one who is shifty, sly, artful,
shrewd, underhand, cunning, one grown old in fraud and subtlety. Is
it not inexpedient to subject oneself to all these terms of reproach
and many more besides? 58 XIV. If, then,
they are to be blamed who suppress the truth, what are we to think
of those who actually state what is false? Gaius Canius, a Roman
knight, a man of considerable wit and literary culture, once went to
Syracuse for a vacation, as he himself used to say, and not for
business. He gave out that he had a mind to purchase a little
country seat, where he could invite his friends and enjoy himself,
uninterrupted by troublesome visitors. When this fact was spread
abroad, one Pythius, a banker of Syracuse, informed him that he had
such an estate; that it was not for sale, however, but Canius might
make himself at home there, if he pleased; and at the same time he
invited him to the estate to dinner next day. Canius accepted. Then
Pythius, who, as might be expected of a moneylender, could command
favours of all classes, called the fishermen together and asked them
to do their fishing the next day out in front of his villa, and told
them what he wished them to do. Canius came to dinner at <Off-327>
BOOK III. xiv.
fleet of boats before their eyes; each
fisherman brought in in turn the catch that he had made; and the
fishes were deposited at the feet of Pythius. 59 "Pray, Pythius," said Canius thereupon,
"what does this mean? - all these fish? - all these boats?" "No wonder," answered Pythius; "this is where
all the fish in Syracuse are; here is where the fresh water comes
from; the fishermen cannot get along without this estate." Inflamed with desire for it, Canius insisted
upon Pythius's selling it to him. At first he demurred. To make a
long story short, Canius gained his point. The man was rich, and, in
his desire to own the country seat, he paid for it all that Pythius
asked; and he bought the entire equipment, too. Pythius entered the
amount upon his ledger and completed the transfer. The next day
Canius invited his friends; he came early himself. Not so much as a
thole-pin was in sight. He asked his next-door neighbour whether it
was a fishermen's holiday, for not a sign of them did he see. "Not so far as I know," said he; "but none are
in the habit of fishing here. And so I could not make out what was
the matter yesterday." 60 Canius was
furious; but what could he do? For not yet had my colleague and
friend, Gaius Aquilius, introduced the establshed form to apply to
criminal fraud. When asked what he meant by "criminal fraud," as
specified in these forms, he could reply: "Pretending one thing and
practising another" - a very felicitous definition, as one might
expect from an expert in making them. Pythius, therefore, and all
others who do one thing while they pretend another are faithless,
dishonest, and unprincipled <Off-329>
BOOK III. xiv.-xv.
scoundrels. {Shylock+} No
act of theirs can be expedient, when what they do is tainted with so
many vices. 61 XV. But if Aquilius's
definition is correct, pretence and concealment should be done away
with in all departments of our daily life. {PlainDealer+}
Then an honest man will not be guilty of either pretence or
concealment in order to buy or to sell to better advantage. Besides,
your "criminal fraud" had previously been prohibited by the
statutes: the penalty in the matter of trusteeships, for example, is
fixed by the Twelve Tables; for the defrauding of minors, by the
Praetorian law. The same prohibition is effective, without statutory
enactment, in equity cases, in which it is added that the decision
shall be "as good_faith+ requires."/a In all other cases
in equity, moreover, the following phrases are most noteworthy: in a
case calling for arbitration in the matter of a wife's dowry: what
is "the fairer is the better"; in a suit for the restoration of a
trust: "honest dealing, as between honest parties." Pray, then, can
there be any element of fraud in what is adjusted for the "better
and fairer"? Or can anything fraudulent or unprincipled be done,
when "honest dealing between honest parties" is stipulated? But
"criminal fraud," as Aquilius says, consists in false pretence. We
must, therefore, keep misrepresentation entirely out of business
transactions: the seller will not engage a bogus bidder to run
prices up nor the buyer one to bid low against himself to keep them
down; and each, if they come to naming a price, will state once for
all what he will give or take. Why, when Quintus Scaevola, the son
of Publius Scaevola, asked that the price of a farm that he desired
to purchase be definitely named and the <Off-331>
BOOK III. xv.
vendor named it, he replied that he
considered it worth more, and paid him 100,000 sesterces over and
above what he asked. No one could say that this was not the act of
an honest man; but people do say that it was not the act of a
worldly-wise man, any more than if he had sold for a smaller amount
than he could have commanded. Here, then, is that mischievous idea -
the world accounting some men upright, others wise; and it is this
fact that gives Ennius occasion to say:
In vain is the wise man wise, who
cannot benefit himself. And Ennius is quite right, if
only he and I were agreed upon the meaning of "benefit." 63 Now I observe that Hecaton of Rhodes, a
pupil of Panaetius, says in his books on "Moral Duty" dedicated to
Quintus Tubero that "it is a wise man's duty to take care of his
private interests, at the same time doing nothing contrary to the
civil customs, laws, and institutions. But that depends on our
purpose in seeking prosperity; for we do not aim to be rich for
ourselves alone but for our children, relatives, friends, and, above
all, for our country. For the private fortunes of individuals are
the wealth of the state." Hecaton could not for a moment approve of
Scaevola's act, which I cited a moment ago; for he openly avows that
he will abstain from doing for his own profit only what the law
expressly forbids. Such a man de <Off-333>
BOOK III. xv.-xvi.
not enter;, or, if he only is a good man who
helps all he can, and harms no one, it will certainly be no easy
matter for us to find the good man as thus defined. To conclude,
then, it is never expedient to do wrong, because wrong is always
immoral; and it is always expedient to be good, because goodness is
always moral. XVI. In the laws pertaining to the sale of real
property it is stipulated in our civil code that when a transfer of
any real estate is made, all its defects shall be declared as far as
they are known to the vendor. According to the laws of the Twelve
Tables it used to be sufficient that such faults as had been
expressly declared should be made good and that for any flaws which
the vendor expressly denied, when questioned, he should be assessed
double damages. A like penalty for failure to make such declaration
also has now been secured by our jurisconsults: they have decided
that any defect in a piece of real estate, if known to the vendor
but not expressly 66 stated, must be made
good by him. For example, the augurs were proposing to take
observations from the citadel and they ordered Tiberius Claudius
Centumalus, who owned a house upon the Caelian Hill, to pull down
such parts of the building as obstructed the augurs' view by reason
of their height. Claudius at once advertised his block for sale, and
Publius Calpurnius Lanarius bought it. The same notice was served
also upon him. And so, when Calpurnius had pulled down those parts
of the building and discovered that Claudius had advertised it for
sale only after the augurs had ordered them to be pulled down, he
summoned the former owner before a court <Off-335>
BOOK III. xvi.
of equity to decide "what indemnity the
owner was under obligation 'in good faith' to pay and deliver to
him." The verdict was pronounced by Marcus Cato, the father of our
Cato (for as other men receive a distinguishing name from their
fathers, so he who bestowed upon the world so bright a luminary must
have his distinguishing name from his son); he, as I was saying, was
presiding judge and pronounced the verdict that "since the augurs'
mandate was known to the vendor at the time of making the transfer
and since he had not made it known, he was bound to make good the
purchaser's loss." 67 With this verdict he
established the principle that it was essential to good faith that
any defect known to the vendor must be made known to the purchaser.
If his decision was right, our grain-dealer and the vendor of the
unsanitary house did not do right to suppress the facts in those
cases. But the civil code cannot be made to include all cases where
facts are thus suppressed; but those cases which it does include are
summarily dealt with. Marcus Marius Gratidianus, a kinsman of ours,
sold back to Gaius Sergius Orata the house which he himself had
bought a few years before from that same Orata. It was subject to an
encumbrance, but Marius had said nothing about this fact in stating
the terms of sale. The case was carried to the courts. Crassus was
counsel for Orata; Antonius was retained by Gratidianus. Crassus pleaded the letter of the
law that "the vendor was bound to make good the defect, for he had
not declared it, although he was aware of it "; Antonius laid stress
upon the equity of the case, leading that, "inasmuch as the defect
in question had not been unknown to Sergius (for it was the <Off-337>
BOOK III. xvi.- xvii.
same house that he had sold to Marius), no
declaration of it was needed, and in purchasing it back he had not
been imposed upon, for he knew to what legal liability his purchase
was subject. 68 What is the purpose of these illustrations? To let
you see that our forefathers did not countenance sharp practice.
XVII. Now the law disposes of sharp practices in one way,
philosophers in another: the law deals with them as far as it can
lay its strong arm upon them; philosophers, as far as they can be
apprehended by reason and conscience. Now reason demands that
nothing be done with unfairness, with false pretence, or with
misrepresentation. Is it not deception, then, to set snares, 'even
if one does not mean to start the game or to drive it into them?
Why, wild creatures often fall into snares undriven and unpursued.
Could one in the same way advertise a house for sale, post up a
notice "To be-sold," like a snare, and have somebody run into it
unsuspecting? 69 Owing to the low ebb of
public sentiment, such a method of procedure, I find, is neither by
custom accounted morally wrong nor forbidden either by statute or by
civil law; nevertheless it is forbidden by the moral law. For there
is a bond of fellowship -although I have often made this statement,
I must still repeat it again and again - which has the very widest
application, uniting all men together and each to each. This bond of
union is closer between those who belong to the same nation, and
more intimate still between those who are citizens of the same city-
state. It is for this reason that our forefathers chose to
understand one thing by the universal law and another by the civil
law. The <Off-339>
BOOK III. xvii.
civil law is not necessarily also the
universal law; but the universal law ought to be also the civil law.
But we possess no substantial, life-like image of true Law and
genuine Justice; a mere outline sketch is all that we enjoy. I only
wish that we were true even to this; for, even as it is, it is drawn
from the excellent models which Nature and Truth afford. 70 For how weighty are the words: "That I be
not deceived and defrauded through you and my confidence in you"!
How precious are these "As between honest people there ought to be
honest dealing, and no deception "! But who are "honest people," and
what is "honest dealing" - these are serious questions. It was
Quintus Scaevola, the pontifex maximus, who used to attach the
greatest importance to all questions of arbitration to which the
formula was appended " as good faith requires "; and he held that
the expression "good faith" had a very extensive application, for it
was employed in trusteeships and partnerships, in trusts and
commissions, in buying and selling, in hiring and letting - in a
word, in all the transactions on which the social relations of daily
life depend; in these he said, it required a judge of great ability
to decide the extent of each individual's obligation to the other,
especially when the counter-claims were admissible in most cases.
71 Away, then, with sharp practice and
trickery, which desires, of course, to pass for wisdom, but is far
from it and totally unlike it. For the function of wisdom is to
discriminate between good and evil; whereas, inasmuch as all things
morally wrong are evil, trickery prefers the evil to the good. <Off-341>
BOOK III. xxvi.-xvii.
It is not only in the case of real estate
transfers that the civil law, based upon a natural feeling for the
right, punishes trickery and deception, but also in the sale of
slaves every form of deception on the vendor's part is disallowed.
For by the aediles' ruling the vendor is answerable for any
deficiency in the slave he sells, for he is supposed to know if his
slave is sound, or if he is a runaway, or a thief. The case of those
who have just come into the possession of slaves by inheritance is
different. 72 From this we come to realize that since Nature is the
source of right, it is not in accord with Nature that anyone should
take advantage of his neighbour's ignorance. And no greater curse in
life can be found than knavery that wears the mask of wisdom. Thence
come those countless cases in which the expedient seems to conflict
with the right. For how few will be found who can refrain from
wrong-doing, if assured of the power to keep it an absolute secret
and to run no risk of punishment! 73 XVIII. Let us put our principle
to the test, if you please, and see if it holds good in those
instances in which, perhaps, the world in general finds no wrong;
for in this connection we do not need to discuss cut- throats,
poisoners, forgers of wills, thieves, and embezzlers of public
moneys, who should be repressed not by lectures and discussions of
philosophers, but by chains and prison walls; but let us study here
the conduct of those who have the reputation of being honest men.
Certain individuals brought from Greece to Rome a forged will,
purporting to be that of the wealthy <Off-343>
BOOK III. xviii. Lucius Minucius Basilus. The more easily to procure
validity for it, they made joint-heirs with themselves two of the
most influential men of the day, Marcus Crassus and Quintus Hortensius. Although these men suspected that
the will was a forgery, still, as they were conscious of no personal
guilt in the matter, they did not spurn the miserable boon procured
through the crime of others. What shall we say, then? Is this excuse
competent to acquit them of guilt? I cannot think so, although I
loved the one while he lived, and do not hate the other now 74 that he is dead. Be that as it may, Basilus
had in fact desired that his nephew Marcus Satrius should bear his
name and inherit his property, (I refer to the Satrius who is the
present patron of Picenum and the Sabine country - and oh, what a
shameful stigma it is upon the times!/a) And therefore it was not
right that two of the leading citizens of Rome should take the
estate and Satrius succeed to nothing except his uncle's name. For
if he does wrong who does not ward off and repel injury when he can
- as I explained in the course of the First Book - what is to be
thought of the man who not only does not try to prevent wrong, but
actually aids and abets it? For my part, I do not believe that even
genuine legacies are moral, if they are sought after by designing
flatteries and by attentions hypocritical rather than sincere. And
yet in such cases there are times when one course is likely to
appear expedient and another 75 morally right. The appearance is
deceptive; for our standard is the same for expediency and for (75) moral rectitude. And the man who does not
accept the truth of this will be capable of any sort of dis- <Off-345>
BOOK III. xviii.-xix.
honesty, any sort of crime. For if he
reasons, "That is, to be sure, the right course, but this course
brings advantage," he will not hesitate in his mistaken judgment to
divorce two conceptions that Nature has made one; and that spirit
opens the door to all sorts of dishonesty, wrong-doing, and crime.
XIX. Suppose, then, that a good man had such power that at a snap of
his fingers his name could steal into rich men's wills, he would not
avail himself of that power - no, not even though he could be
perfectly sure that no one would ever suspect it. Suppose, on the
other hand, that one were to offer a Marcus Crassus the power, by
the mere snapping, of his fingers, to get himself named as heir,
when he was not really an heir, he would, I warrant you, dance in
the forum. But the righteous man, the one whom we feel to be a good
man, would never rob anyone of anything to enrich himself. If
anybody is astonished at this doctrine, let him confess 76 that he does not know what a good man is.
If, on the ether hand, anyone should desire to unfold the idea of a
good man which lies wrapped up in his own mind,/a he would then at
once make it clear to himself that a good man is one who helps all
whom he can and harms nobody, unless provoked by wrong. What shall
we say, then? Would he not be doing harm who by a kind of magic
spell should succeed in displacing the real heirs to an estate and
pushing himself into their place? "Well," someone may say, "is he
not to do what is expedient, what is advantageous to himself?" Nay,
verily; he should rather be brought to realize that nothing that is
unjust is either advantageous or expedient; if he does not <Off-347>
BOOK III. xix.
learn this lesson, it will never be possible
for him to be a "good man." 77 When I was a
boy, I used to hear my father tell that Gaius Fimbria, an ex-consul,
was judge in a case of Marcus Lutatius Pinthia, a Roman knight of
irreproachable character. On that occasion Pinthia had laid a wager
to be forfeited "if he did not prove in court that he was a good
man." Fimbria declared that he would never render a decision in such
a case, for fear that he might either rob a reputable man of his
good name, if he decided against him, or be thought to have
pronounced someone a good man, when such a character is, as he said,
established by the performance of countless duties and the
possession of praiseworthy qualities without number. To this type of
good man, then, known not only to a Socrates but even to a Fimbria,
nothing can possibly seem expedient that is not morally right. Such
a man, therefore, will never venture to think - to say nothing of
doing - anything that he would not dare openly to proclaim. Is it
not a shame that philosophers should be in doubt about moral
questions on which even peasants have no doubts at all? For it is
with peasants that the proverb, already trite with age, originated:
when they praise a man's honour and honesty, they say, "he is a man
with whom you can safely play at odd and even/a in the dark." {Gyges+} What is the point of the
proverb but this -that what is not proper brings no advantage, even
if you can gain your ------ a Lit. flash with the fingers; shoot out some
fingers, the number of which had to be guessed. <Off-349>
BOOK III. xix.- xx.
end without anyone's being able to convict
you of wrong? 78 Do you not see that in the light of this proverb no
excuse is availilble either for the Gyges+ of the
story or for the man who I assumed a moment ago could with a snap of
his fingers sweep together everybody's inheritance at once? For as
the morally wrong cannot by any possibility be made morally right,
however successfully it may be covered up, so what is not morally
right cannot be made expedient, for Nature refuses and resists. 79
XX. "But stay," someone will object, "when the prize is very great,
there is excuse for doing wrong." Gaius Marius had been left in
obscurity for more than six whole years after his praetorship and
had scarcely the remotest hope of gaining the consulship. It looked
as if he would never even be a candidate for that office. He was now
a lieutenant under Quintus Metellus, who sent him on a furlough to
Rome. There before the Roman People he accused his own general, an
eminent man and one of our first citizens, of purposely protracting
the war and declared that if they would make him consul, he would
within a short time deliver Jugurtha alive or dead into the hands of
the Roman People. And so he was elected consul, it is true, but he
was a traitor to his own good faith and to justice; for by a false
charge he subjected to popular disfavour an exemplary and highly
respected citizen, and that too, although he was his lieutenant and
under leave of absence from him. 80 Even
our kinsman Gratidianus failed on one occa- <Off-351>
BOOK III. xx.
sion to perform what would be a good man's
duty: in his praetorship the tribunes of the people summoned the
college of praetors to council, in order to adopt by joint
resolution a standard of value for our currency; for at that time
the value of money was so fluctuating that no one could tell how
much he was worth. In joint session they drafted an ordinance,
defining the penalty and the method of procedure in cases of
violation of the ordinance, and agreed that they should all appear
together upon the rostra in the afternoon to publish it. And while
all the rest withdrew, some in one direction, some in another,
Marius (Gratidianus) went straight from the council-chamber to the
rostra and published individually what had been drawn up by all
together. And that coup, if you care to know, brought him vast
honour; in every street statues of him were erected; before these
incense and candles burned. In a word, no one ever enjoyed greater
popularity with the masses. 81 It is such
cases as these that sometimes perplex us in our consideration, when
the point in which justice is violated does not seem so very
significant, but the consequences of such slight transgression seem
exceedingly important. For example, it was not so very wrong
morally, in the eyes of Marius,/a to over-reach his colleagues and
the tribunes in turning to himself alone all the credit with the
people; but to secure by that means his election to the consulship,
which was then the goal of his ambition,/b seemed very greatly to
his interest. But for all cases we have one rule, with which I
desire you to be perfectly familiar: that which seems expedient must
not be morally wrong; or, if it is morally wrong, it <Off-353>
BOOK III. xx.- xxi.
must not seem expedient. What follows? Can
we account either the great Marius or our Marius Gratidianus a good
man? Work out your own ideas and sift your thoughts so as to see
what conception and idea of a good man they contain. Pray, tell me,
does it coincide with the character of your good man to lie for his
own proflt, to slander, to overreach, to deceive? Nay, verily;
anything but that! 82 Is there, then, any object of such value or
any advantage so worth the winning that, to gain it, one should
sacrifice the name of a "good man" and the lustre of his reputation?
What is there that your so-called expediency can bring to you that
will compensate for what it can take away, if it steals from you the
name of a "good man" and causes you to lose your sense of honour and
justice? For what difference does it make whether a man is actually
transformed into a beast or whether, keeping the outward appearance
of a man, he has the savage nature of a beast within? XXI. Again,
when people disregard everything that is morally right and true, if
only they may secure power thereby, are they not pursuing the same
course as he a who wished to have as a father-in-law the man by
whose effrontery he might gain power for himself? He thought it
advantageous to secure supreme power while the odium of it fell upon
another; and he failed to see how unjust to his country this was,
and how wrong morally. But the father-in-law himself used to have
continually upon his lips the Greek verses from the Phoenissae,
which I will reproduce as well as I can -awkwardly, it may be, but
still so that the meaning can be understood: <Off-355>
BOOK III xxi.
If wrong may e'er be right, for a
throne's sake Were wrong most right:-be
God in all else feared!/a Our tyrant deserved his death
for having made an exception of the one thing that was the blackest
83 crime of all. Why do we gather instances
of petty crime - legacies criminally obtained and fraudulent buying
and selling? Behold, here you have a man who was ambitious to be
king of the Roman People and master of the whole world; and he
achieved it! The man who maintains that such an ambition is morally
right is a madman; for he justifies the destruction of law and
liberty and thinks their hideous and detestable suppression
glorious. But if anyone agrees that it is not morally right to be
kind in a state that once was free and that ought to be free now,
and yet imagines that it is advantageous for him who can reach that
position, with what remonstrance or rather with what appeal should I
try to tear him away from so strange a delusion? For, oh ye immortal
gods! can the most horrible and hideous of all murders - that of
fatherland -bring advantage to anybody, even though he who has
committed such a crime receives from his enslaved fellow-citizens
the title of "Father of his Country"?/b Expediency, therefore, must
be measured by the standard of moral rectitude, and in such a way,
too, that these two words shall seem in sound only to be different
but in real meaning to be one and the same. 84 What greater advantage one could have,
according to the standard of popular opinion, than to be a king, I
do not know; when, however, I begin to bring the question back to
the standard of truth, then I find nothing more disadvantageous for
one who has risen to <Off-357>
BOOK III. xxi.-xxii.
that height by injustice. For can occasions
for worry anxiety, fear by day and by night, and a life all beset
with plots and perils be of advantage to anybody?
Thrones have many foes and
friends untrue, but few devoted friends, says Accius.
But of what sort of throne was he speaking? Why, one that was held
by right, handed down from Tantalus and Pelops. Aye, but how many
more foes, think you, had that king who with the Roman People's army
brought the Roman People themselves into subjection and compelled a
state that not only had been free but had been mistress of the 85 world to be his slave? What stains do you
think he had upon his conscience, what scars upon his heart? But
whose life can be advantageous to himself, if that life is his on
the condition that the man who takes it shall be held in undying
gratitude and glory? But if these things which seem so very
advantageous are not advantageous because they are full of shame and
moral wrong, we ought to be quite convinced that nothing can be
expedient that is not morally right. 86
XXII. And yet this very question has been decided on many occasions
before and since; but in the war with Pyrrhus the decision rendered
by Gaius Fabricius, in his second consulship, and by our senate was
particularly striking. Without provocation King Pyrrhus had declared
war upon the Roman People; the struggle was against a generous and
poweful prince, and the supremacy of power was the prize; a deserter
came over from him to the camp of Fabricius and promised, if
Fabricius would assure him of a reward, to return to the camp of
Pyrrhus as secretly as he had come, administer poison to the king,
and bring <Off-359>
BOOK III. xxii.
about his death. Fabricius saw to it that
this fellow was taken back to Pyrrhus; and his action was commended
by the senate. And yet, if the mere show of expediency and the
popular conception of it are all we want, this one deserter would
have put an end to that wasting war and to a formidable foe of our
supremacy; but it would have been a lasting shame and disgrace to us
to have overcome not by valour but by crime the man with whom we had
a contest for glory. 87 Which course, then,
was more expedient for Fabricius, who was to our city what Aristides
was to Athens, or for our senate, who never divorced expediency from
honour - to contend against the enemy with the sword or with poison?
If supremacy is to be sought for the sake of glory, crime should be
excluded, for there can be no glory in crime; but if it is power for
its own sake that is sought, whatever the price, it cannot be
expedient if it is linked with shame. That well-known measure,
therefore, introduced by Philippus, the son of Quintus, was not
expedient. With the authority of the senate, Lucius Sulla had
exempted from taxation certain states upon receipt of a lump sum of
money from them. Philippus proposed that they should again be
reduced to the condition of tributary states, without repayment on
our part of the money that they had paid for their exemption. And
the senate accepted his proposal. Shame upon our government! The
pirates' sense of <Off-361>
BOOK III. xxii.-xxii.
88 can be expedient? Furthermore, can hatred
and shame be expedient for any government? For government ought to
be founded upon fair fame and the loyalty of allies. On this point I
often disagreed even with my friend Cato; it seemed to me that he
was too rigorous in his watchful care over the claims of the
treasury and the revenues; he refused everything that the farmers of
the revenue asked for and much that the allies desired; whereas, as
I insisted, it was our duty to be generous to the allies and to
treat the publicans as we were accustomed individually to treat our
tenants - and all the more, because harmony between the orders was
essential to the welfare if the republic./a Curio, too, was wrong,
when he pleaded that the demands of the people beyond the Po were
just, but never failed to add, "Let expediency prevail." He ought
rather to have proved that the claims were not just, because they
were not expedient for the republic, than to have admitted that they
were just, when, as he maintained, they were not expedient. 89 XXIII. The sixth book of Hecaton's "Moral
Duties" is full of questions like the following: "Is it consistent
with a good man's duty to let his slaves go hungry when provisions
are at famine price?" Hecaton gives the
argument on both sides of the question; but still in the end it is
by the standard of expediency, as he conceives it, rather than by
one of human feeling, that he decides the question of duty. Then he raises this question: supposing a man
had to throw part of his cargo overboard in a storm, should he
prefer to sacrifice a high-priced horse or a cheap and worthless
slave? In this case regard for <Off-363>
BOOK III. xxiii.
his property interest inclines him one way,
human feeling the other. "Suppose that a
foolish man has seized hold of a plank from a sinking ship, shall a
wise man wrest it away from him if he can?" "No," says Hecaton; "for
that would be unjust." "But how about the owner of the ship? Shall
he take the plank away because it belongs to him?" "Not at all; no more than he would be willing
when far out at sea to throw a passenger overboard on the ground
that the ship was his. For until they reach the place for which the
ship is chartered, she belongs to the passengers, not to the owner."
90 "Again; suppose there were two to be saved from the sinking ship
- both of them wise men - and only one small plank, should both
seize it to save themselves? Or should one give give place to the
other?" "Why, of course, one should give
place to the other, but that other must be the one whose life is
more valuable either for his own sake or for that of his country."
"But what if these considerations are of
equal weight in both?" "Then there will be
no contest, but one will give place to the other, as if the point
were decided by lot or at a game of odd and even." "Again, suppose a father were robbing temples
or making underground passages to the treasury, should a son inform
the officers of it?" "Nay; that were a
crime; rather should he defend his father, in case he were
indicted." <Off-365>
BOOK III. xxiii.
"Aye, verily; but it is to our country's
interest to have citizens who are loyal to their parents." "But once more - if the father attempts to make
himself king, or to betray his country, shall the son hold his
peace?" "Nay, verily; he will plead with his father not to do so. If
that accomplishes nothing, he will take him to task; he will even
threaten; and in the end, if things point to the destruction of the
state, he will sacrifice his father to the safety of his country."
91 Again he raises the question: "If a wise man should inadvertently
accept counterfeit money for good, will he offer it as genuine in
payment of a debt after he discovers his mistake?" Diogenes says,
"Yes," Antipater, "No," and I agree with him. If a man knowingly
offers for sale wine that is spoiling, ought he to tell his
customers? Diogenes thinks that it is not required; Antipater holds
that an honest man would do so. These are like so many points of the
law disputed among the Stoics. "In selling a slave, should his
faults be declared - not those only which he seller is bound by the
civil law to declare or have the slave returned to him, but also the
fact that he is untruthful, or disposed to ramble. or steal, or get
drunk?" The one thinks such faults should be declared, the other
does not. 92 "If a man thinks that he is
selling brass, when he is actually selling gold. should an upright
man inform him that his stuff is gold, or go on buying for one
shilling/a what is worth a thousand?" It is clear enough by this
time what my views are on these questions, and what are the grounds
of dispute between the above-named philosophers. <Off-367>
BOOK III. xxiv.
XXIV. The question arises also whether
agreements and promises must always be kept, "when," in the language
of the praetors' edicts, "they have not been secured through force
or criminal fraud." If one man gives another a remedy for the
dropsy. with the stipulation that, if he is cured by it, he shall
never make use of it again; suppose the patient's health is restored
by the use of it, but some years later he contracts the same disease
once more; and suppose he cannot secure from the man with whom he
made the agreement permission to use the remedy again, what should
he do? That is the question. Since the man is unfeeling in refusing
the request, and since no harm could be done to him by his friend's
using the remedy, the sick man is justified in doing what he can for
his own life and health. 93 Again: suppose that a millionaire is
making some wise man his heir and leaving him in his will a hundred
million sesterces;/a and suppose that he has asked the wise man,
before he enters upon his inheritance, to dance publicly in broad
daylight in the forum; and suppose that the wise man has given his
promise to do so, because the rich man would not leave him his
fortune on any other condition; should he keep his promise or not? I
wish he had made no such promise; that, I think, would have been in
keeping with his dignity. But, seeing that he has made it, it will
be morally better for him, if he believes it morally wrong to dance
in the forum, to break his promise and refuse to accept his
inheritance rather than to keep his promise and accept it - unless,
perhaps, he contributes the money to the state to meet some grave
crisis. In that case, to <Off-369>
BOOK III. xxiv-xxv.
promote thereby the interests of one's
country, it would not be morally wrong even to dance, if you please,
in the forum. 94 XXV. No more binding are those promises which are
inexpedient for the persons themselves to whom they have been given.
To go back to the realm of story, the sun-god promised his son
Phaethon to do for him whatever he should wish. His wish was to be
allowed to ride in his father's chariot. It was granted. And before
he came back to the ground he was consumed by a stroke of lightning.
How much better had it been, if in this the the father's promise had
not been kept. And what of that promise, the fulfilment of which
Theseus required from Neptune? When Neptune offered him three
wishes, he wished for the death of his son Hippolytus, because the
father was suspicious of the son's relations with his step-mother.
And when this wish was granted, Theseus was overwhelmed with grief.
And once more; when Agamemnon had vowed to Diana the most beautiful
creature born that year within his realm, he was brought to
sacrifice Iphigenia; for in that year nothing was born more
beautiful than she. He ought to have broken his vow rather than
commit so horrible a crime. Promises+ are, therefore, sometimes not to
be kept; and trusts are not always to be restored. Suppose that a
person leaves his sword with you when he is in his right mind, and
demands it back in a fit of insanity; it would be criminal to
restore it to him; it would be your duty not to do so. Again,
suppose that a man who has entrusted money to you proposes to make
war upon your common country, should you restore the trust? I
believe you should not; for <Off-371>
BOOK III. xxv.- xxvi.
you would be acting against the state, which
ought to be the dearest thing in the world to you. Thus there are
many things which in and of themselves seem morally right, but which
under certain circumstances prove to be not morally right: to keep a
promise, to abide by an agreement, to restore a trust may, with a
change of expediency, cease to be morally right. With this I think I
have said enough about those actions which masquerade as expedient
under the guise of prudence, while they are really contrary to
justice. 96 Since, however, in Book One we
derived moral duties from the four sources of moral rectitude, let
us continue the same fourfold division here in pointing out how
hostile to virtue are those courses of conduct which seem to be, but
really are not, expedient. We have discussed wisdom, which cunning
seeks to counterfeit, and likewise justice, which is always
expedient. There remain for our discussion two divisions of moral
rectitude, the one of which is discernible in the greatness and
pre-eminence of a superior soul, the other, in the shaping and
regulation of it by temperance and self-control. 97 XXVI. Ulysses thought his ruse expedient, as
the tragic poets, at least, have represented him. In Homer, our most
reliable authority, no such suspicion is cast upon him; but the
tragedies charge him with trying to escape a soldier's service by
feigning madness. The trick was not morally right, but, someone may
perhaps say, "It was expedient for him to keep his throne and live
at ease in Ithaca with parents, wife, and son. Do you think that
there is any glory in facing daily toil and danger that can be
compared with a life of such tranquillity?" <Off-373>
BOOK III. xxvi.
Nay; I think that tranquillity at such a
price is to be despised and rejected; for if it is not morally 98 right, neither is it expedient. For what do
you think would have been said of Ulysses, if he had persisted in
that pretended madness, seeing that, notwithstanding his deeds of
heroism in the war, he was nevertheless upbraided by Ajax thus:
'Twas he himself who first proposed the
oath; ye all Do know; yet he alone of all his vow did break; He feigned persistently that he was mad, that
thus He might not have to join the host. And had not then Palamedes,
shrewd and wise, his tricky impudence Unmasked, he had evaded e'en for aye his vow.
99 Nay, for him it had been better to battle
not only with the enemy but also with the waves, as he did, than to
desert Greece when she was united for waging the war against the
barbarians. But let us leave illustrations both from story and from
foreign lands and turn to real events in our own history. Marcus
Atilius Regulus in his second consulship was taken prisoner in
Africa by the stratagem of Xanthippus, a Spartan general serving
under the command of Hannibal's father Hamilcar./a He was sent to
the senate on parole, sworn to return to Carthage himself, if
certain noble prisoners of war/b were not restored to the
Carthaginians. When he came to Rome, he could not fail to see the
<Off-375>
BOOK III. xxvi.- xxvii.
specious appearance of expediency, but he
decided that it was unreal, as the outcome proves. His apparent
interest was to remain in his own country, to stay at home with his
wife and children, and to retain his rank and dignity as an
ex-consul, regarding the defeat which he had suffered as a
misfortune that might come to anyone in the game of war. Who says
that this was not expedient? Who, think you? Greatness of soul and
courage say that it was 100 not. XXVII. Can you ask for more
competent authorities? The denial comes from those virtues, for it
is characteristic of them to await nothing with fear, to rise
superior to all the vicissitudes of earthly life, and to count
nothing intolerable that can befall a human being. What, then, did
he do? He came into the senate and stated his mission; but he
refused to give his own vote on the question; for, he held, he was
not a member of the senate so long as he was bound by the oath sworn
to his enemies. And more than that, he said - "What a foolish
fellow," someone will say, "to oppose his own best interests" he
said that it was not expedient that the prisoners should be
returned; for they were young men and gallant officers, while he was
already bowed with age. And when his counsel prevailed, the
prisoners were retained and he himself returned to Carthage;
affection for his country and his family failed to hold him back.
And even then he was not ignorant of the fact that he was going to a
most cruel enemy and to exquisite tor <Off-377>
BOOK III. xxvii.- xxvii. aged prisoner of war, a man of consular
rank forsworn. 10 "But," you will say, "it
was foolish of him not only not to advocate the exchange of
prisoners but even to plead against such action!" How was it
foolish? Was it so, even if his policy was for the good of the
state? Nay; can what is inexpedient for the state be expedient for
any individual citizen? XXVIII. People
overturn the fundamental principles established by Nature, when they
divorce expediency from moral rectitude. For we all seek to obtain
what is to us expedient; we are irresistibly drawn toward it, and we
cannot possibly be otherwise. For who is there that would turn his
back upon what is to him expedient? Or rather, who is there that
does not exert himself to the utmost to secure it? But because we
cannot discover it anywhere except in good report, propriety, and
moral rectitude, we look upon these three for that reason as the
first and the highest objects of endeavour, while what we term
expediency we account not so much an ornament to our dignity as a
necessary incident to living. 102 "What significance, then," someone
will say, "do we attach to an oath? It is not that we fear the wrath
of Jove, is it? Not at all; it is the universally accepted view of
all philosophers that God is never angry, never hurtful. This is the
doctrine not only of those/a who teach that God is Himsel free from
troubling cares and that He imposes no trouble upon others, but also
of those/b who believe that God is ever working and ever directing
His world. Furthermore, suppose Jupiter had been <Off-379>
BOOK III. xxviii.-xxix.
wroth, what greater injury could He have
inflicted upon Regulus than Regulus brought upon himself? Religious
scruple, therefore, had no such preponderance as to outweigh so
great expediency." "Or was he afraid that his act would be morally
wrong? As to that, first of all, the proverb says, 'Of evils choose
the least.' Did that moral wrong then, really involve as great an
evil as did that awful torture? And secondly, there are the lines of
Accius:
Thyestes. Hast thou broke thy
faith? Atreus. None have I given; none
give I ever to the faithless. Although this sentiment is
put into the mouth of a wicked king, still it is illuminating in its
correctness." 103 Their third argument is
this: just as we maintain that some things seem expedient but are
not, so they maintain, some things seem morally right but are not.
"For example," they contend, "in this very case it seems morally
right for Regulus to have returned to torture for the sake of being
true to his oath. But it proves not to be morally right, because
what an enemy extorted by force ought not to have been binding." As
their concluding argument, they add: whatever is highly expedient
may prove to be morally right, even if it did not seem so in
advance. These are in substance the arguments raised against the
conduct of Regulus. Let us consider them each in turn. 104 XXIX. "He need not have been afraid that
Jupiter in anger would inflict injury upon him; he is not wont to be
angry or hurtful." <Off-381>
BOOK III. xxix.
This argument, at all events, has no more
weight against Regulus's conduct than it has against the keeping of
any other oath. But in taking an oath it is our duty to consider not
what one may have to fear in case of violation but wherein its
obligation lies: an oath is an assurance backed by religious
sanctity; and a solemn promise given, as before God as one's
witness, is to be sacredly kept. For the question no longer concerns
the wrath of the gods (for there is no such thing) but the
obligations of justice and good faith. For, as Ennius says so
admirably:
Gracious Good Faith, on wings
upborne; thou oath in Jupiter's great name! Whoever,
therefore, violates his oath violates Good Faith; and, as we find it
stated in Cato's speech, our forefathers chose that she should dwell
upon the Capitol "neighbour to Jupiter Supreme and Best." 105 "But," objection was further made, "even if
Jupiter had been angry, he could not have inflicted greater injury
upon Regulus than Regulus brought upon himself." Quite true, if
there is no evil except pain. But philosopbers/a of the bighest
authority assure us that pain is not only not the supreme evil but
no evil at all. And pray do not disparage Regulus, as no unimportant
witness-nay, I am rather inclined to think he was the very best
witness-to the truth of their doctrine. For what more co <Off-383>
BOOK III. xxix.
that is, shall one "choose moral wrong
rather than misfortune," or is there any evil greater than moral
wrong? For if physical deformity excites a certain amount of
aversion, how offensive ought the deformity and hideousness of a
demoralized soul to seem! 106 Therefore, those/a who discuss these
problems with more rigour make bold to say that moral wrong is the
only evil, while those/b who treat them with more laxity do not
hesitate to call it the supreme evil. Once more, they quote the
sentiment:
"None have I given, none give I
ever to the faithless." It was proper for the poet to
say that, because, when he was working out his Atreus, he had to
make the words fit the character. But if they mean to adopt it as a
principle, that a pledge given to the faithless is no pledge, let
them look to it that it be not a mere loophole for perjury that they
seek. 107 Furthermore, we have laws regulating warfare, and fidelity
to an oath must often be observed in dealings with an enemy: for an
oath sworn with the clear understanding in one's own mind that it
should be performed must be kept; but if there is no such
understanding, it does not count as perjury if one does not perform
the vow. For example, suppose that one does not deliver the amount
agreed upon with pirates as the price of one's life, that would be
accounted no deception - not even if one should fail to deliver the
ransom after having sworn to do so; for a pirate is not included in
the number of lawful enemies, but is <Off-385>
BOOK III. xxix.-xxx. 108 word nor any oath
mutually binding. For swearing to what is false is not necessarily
perjury, but to take an oath "upon your conscience," as it is
expressed in our legal formulas, and then fail to perform it, that
is perjury. For Euripides aptly says: "My tongue has sworn; the mind
I have has sworn no oath." But Regulus had no right to confound by
perjury the terms and covenants of war made with an enemy. For the
war was being carried on with a legitimate, declared enemy; and to
regulate our dealings with such an enemy, we have our whole fetial/a
code as well as many other laws that are binding in common between
nations. Were this not the case, the senate would never have
delivered up illustrious men of ours in chains to the enemy. 109
XXX. And yet that very thing happened. Titus Veturius and Spurius
Postumius in their second consulship lost the battle at the Caudine
Forks, and our legions were sent under the yoke. And because they
made peace with the Samnites, those generals were delivered up to
them, for they had made the peace without the approval of the people
and senate. And Tiberius Numicius and Quintus Maelius, tribunes of
the people, were delivered up at the same time, because it was with
their sanction that the peace had been concluded. This was done in
order that the peace with the Samnites might be annulled. And
Postumius, the very man whose delivery was in question, was the
proposer and advocate of the said delivery. Many years later,/b
Gaius Mancinus had a similar experience: he advocated the bill,
introduced in <Off-387>
BOOK III. xxx.
accordance with a decree of the senate by
Lucius Furius and Sextus Atilius, that he should be delivered up to
the Numantines, with whom he had made a treaty without authorization
from the senate; and when the bill was passed, he was delivered up
to the enemy. His action was more honourable than Quintus Pompey's.
Pompey's situation was identical with his, and yet at his own
entreaty the bill was rejected. In this latter case, apparent
expediency prevailed over moral rectitude; in the former cases, the
false semblance of expediency was overbalanced by the weight of
moral rectitude. 110 "But," they argued
against Regulus, "an oath extorted by force ought not to have been
binding." As if force could be brought to bear upon a brave man! "
Why, then, did he make the journey to the senate, especially when he
intended to plead against the surrender of the prisoners of war?"
Therein you are criticizing what is the noblest feature of his
conduct. For he was not content to stand upon his own Judement but
took up the case, in order that the judgment might be that of the
senate; and had it not been for the weight of his pleading, the
prisoners would certainly have been restored to the Carthaginians;
and in that case, Regulus would have remained safe at home in his
country. But because he thought this not expedient for his country,
he believed that it was therefore morally right for him to declare
his conviction and to suffer for it. When they argued also that what
is highly expedient may prove to be morally right, they ought rather
to say not that it "may prove to be" but that <Off-389>
BOOK III. xxx.- xxxi
it actually is morally right. For nothing
can be expedient which is not at the same time morally right;
neither can a thing be morally right just because it is expedient,
but it is expedient because it is morally right. From the many
splendid examples in history therefore, we could not easily point to
one either more praiseworthy or more heroic than the conduct of
Regulus. 111 XXXI. But of all that is thus praiseworthy in the
conduct of Regulus, this one feature above all others calls for our
admiration: it was he who offered the motion that the prisoners of
war be retained. For the fact of his returning may seem admirable to
us, nowadays, but in those times he could not have done otherwise.
That merit, therefore, belongs to the age, not to the man. For our
ancestors were of the opinion that no bond was more effective in
guaranteeing good faith than an oath. That is, clearly proved by the
laws of the Twelve Tables, by the "sacred" laws,/a by the treaties
in which good faith is pledged even to the enemy, by the
investigations made by the censors and the penalties, imposed by
them; for there were no cases in which they used to render more
rigorous decisions than in cases of violation of an oath. 112 Marcus Pomponius, a tribune of the people,
brought an indictment against Lucius Manlius, Aulus's son, for
having extended the term of his dictatorship a few days beyond its
expiration. He further charged him with having banished his own son
Titus (afterward surnamed Torquatus) from all companionship with his
<Off-391>
BOOK III. xxxi.-xxxii
was then a young man, heard that his father
was in trouble on his account, he hastened to Rome - so the story
goes - and at daybreak presented himself at the house of Pomponius.
The visitor was announced to Pomponius. Inasmuch as he thought that
the son in his anger meant to bring him some new evidence to use
against the father, he arose from his bed, asked all who were
present to leave the room, and sent word to the young man to come
in. Upon entering, he at once drew a sword and swore that he would
kill the tribune on the spot, if he did not swear an oath to
withdraw the suit against his father. Constrained by the terror of
the situation, Pomponius gave his oath. He reported the matter to
the people, explaining why he was obliged to drop the prosecution,
and withdrew his suit against Manlius. Such was the regard for the
sanctity of an oath in those days. And that lad was the Titus
Manlius who in the battle on the Anio killed the Gaul by whom he had
been challenged to single combat, pulled off his torque and thus won
his surname. And in his third consulship he routed the Latins and
put them to flight in the battle on the Veseris. He was one of the
greatest of the great, and one who, while more than generous toward
his father, could yet be bitterly severe toward his son. 113 XXXII. Now, as Regulus deserves praise for
being true to his oath, so those ten whom Hannibal sent to the
senate on parole after the battle of Cannae deserve censure, if it
is true that they did not return; for they were sworn to return to
the camp which bad fallen into the hands of the Carthaginians, if
they did not succeed in negotiating an exchange <Off-393>
BOOK III. xxxii.
of prisoners. Historians are not in
agreement in regard to the facts. Polybius, one of the very best
authorities, states that of the ten eminent nobles who were sent at
that time, nine returned when their mission failed at the hands of
the senate. But one of the ten, who, a little while after leaving
the camp, had gone back on the pretext that he had forgotten
something or other, remained behind at Rome; he explained that by
his return to the camp he was released from the obligation of his
oath. He was wrong; for deceit does not remove the guilt of perjury
- it merely aggravates it. His cunning that impudently tried to
masquerade as prudence was, therefore, only folly. And so the senate
ordered that the cunning scoundrel should be taken back to Hannibal
in chains. 114 But the most significant
part of the story is this: the eight thousand prisoners in
Hannibal's hands were not men that he had taken in the battle or
that had escaped in the peril of their lives, but men that the
consuls Paulus and Varro had left behind in camp. Though these might
have been ransomed by a small sum of money, the senate voted not to
redeem them, in order that our soldiers might have the lesson
planted in their hearts that they must either conquer or die. When
Hannibal heard this news, according to that same writer, he lost
heart completely, because the senate and the people of Rome
displayed courage so lofty in a time of disaster. Thus apparent
expediency is outweighed when placed in the balance against moral
rectitude. 115 Gaius Acilius, on the other
hand, the author of a history of Rome in <Off-395>
BOOK III. xxxii-xxxiii.
the camp to release themselves thus from the
obligation of their oath, and that they were branded by the censors
with every mark of disgrace. Let this be the conclusion of this
topic. For it must be perfectly apparent that acts that are done
with a cowardly, craven, abject, broken spirit, as the act of
Regulus would have been if he had supported in regard to the
prisoners a measure that seemed to be advantageous for him
personally, but disadvantageous for the state, or if he had
consented to remain at home - that such acts are not expedient,
because they are shameful, dishonourable, and immoral. 116 XXXIII. We have still left our fourth
division comprising propriety, moderation, temperance,
self-restraint, self-control. Can anything be expedient, then, which
is contrary to such a chorus of virtues? And yet the Cyrenaics,
adherents of the school of Aristippus, and the philosophers who bear
the name of Anniceris find all good to consist in pleasure and
consider virtue praiseworthy only because it is productive of
pleasure. Now that these schools are out of date, Epicurus has come
into vogue - an advocate and supporter of practically the same
doctrine. Against such a philosophy we must fight it out "with horse
and foot," as the saying is, if our purpose is to defend and
maintain our standard of moral rectitude. 117 For if, as we find it in the writings of
Metrodorus, not only expediency but happiness in life depends wholly
upon a sound physical constitution {health+} and
the reasonable expectation that it will always remain sound, then
that expediency - and, what is more, the highest expediency, as they
estimate it -will <Off-397>
BOOK III. xxxiii.
assuredly clash with moral rectitude. For
first of all, what position will wisdom occupy in that system? The
position of collector of pleasures from every possible source? What
a sorry state of servitude for a virtue - to be pandering to sensual
pleasure! And what will be the function of wisdom? To make skilful
choice between sensual pleasures? Granted that there may be nothing
more pleasant, what can be conceived more degrading for wisdom than
such a role? Then again, if anyone hold that pain is the supreme
evil, what place in his philosophy has fortitude, which is but
indifference to toil and pain? For, however many passages there are
in which Epicurus speaks right manfully of pain, we must
nevertheless consider not what he says, but what it is consistent
for a man to say who has defined the good in terms of pleasure and
evil in terms of pain. And further, if I should listen to him, I
should find that in many passages he has a great deal to say about
temperance and self- control; but "the water will not run," as they
say. For how can he commend self-control and yet posit pleasure as
the supreme good? For self-control is the foe of the passions, and
the passions are the handmaids of pleasure.118 And yet when it comes
to these three cardinal virtues, those philosophers shift and turn
as best they can, and not without cleverness. They admit wisdom into
their system as the knowledge that provides pleasures and banishes
pain; they clear the way for fortitude also in some way to fit in
with their doctrines, when they teach that it is a rational means
for looking with indifference upon death and <Off-399>
BOOK III. xxxiii.
for enduring pain. They bring even
temperance in - not very easily, to be sure, but still as best they
can; for they hold that the height of pleasure is found in the
absence of pain. Justice totters or rather, I should say, lies
already prostrate; so also with all those virtues which are
discernible in social life and the fellowship of human society. For
neither goodness nor generosity nor courtesy can exist, any more
than friendship can, if they are not sought of and for themselves,
but are cultivated only for the sake of sensual pleasure or personal
advantage. Let us now recapitulate briefly. 119 As I have shown that such expediency as is
opposed to moral rectitude is no expedieney, so I maintain that any
and all sensual pleasure is opposed to moral rectitude. And
therefore Calliphon and Dinomachus, in my judgment, deserve the
greater condemnation; they imagined that they should settle the
controversy by coupling pleasure with moral rectitude; as well yoke
a man with a beast! But moral rectitude does not accept such a
union; she abhors it, spurns it. Why, the supreme good, which ought
to be simple, cannot be a compound and mixture of absolutely
contradictory qualities. But this theory I have discussed more fully
in another connection; for the subject is a large one. Now for the
matter before us. 120 We have, then, fully discussed the problem how
a question is to be decided, if ever that which seems to be
expediency clashes with moral rectitude. But if, on the other hand,
the assertion is made that pleasure admits of a show of expediency
also, there can still be no possible union between it and moral
rectitude. For, to make the most generous admission <Off-401>
BOOK III. xxxiii
we can in favour of pleasure, we will grant
that it may contribute something that possibly gives some spice to
life, but certainly nothing that is really expedient. 121 Herewith, my son Marcus, you have a present
from your father - a generous one, in my humble opinion; but its
value will depend upon the spirit in which you receive it. And yet
you must welcome these three books as fellow-guests so to speak,
along with your notes on Cratippus's lectures. But as you would
sometimes give ear to me also, if I had come to Athens (and I should
be there now, if my country had not called me back with accents
unmistakable, when I was half-way there), so you will please devote
as much time as you can to these volumes, for in them my voice will
travel to you; and you can devote to them as much time as you will.
And when I see that you take delight in this branch of philosophy, I
shall then talk further with you - at an early date,/a I hope, face
to face - but as long as you are abroad, I shall converse with you
thus at a distance. Farewell, my dear Cicero, and be assured that,
while you are the object of my deepest affection, you will be dearer
to me still, if you find pleasure in such counsel and instruction.
<Off-403>
|