About this book

Cicero's Tusculan Disputations

Marcus Tullius Cicero

that it was a reproach to young men if they had no lovers. Not only as at Sparta, where boys learn to steal and plunder. And our master Plato, even more than Lycurgus, who would have everything to be common, so that no one should be able to call anything his own property. I would send him to the same place whither he sends Homer, crowned with chaplets and anointed with perfumes, banishing him from the city which he is describing. VI. The judgment of the censor inflicts scarcely anything more than a blush on the man whom he condemns. Therefore as all that adjudication turns solely on the name (_nomen_), the punishment is called ignominy. Nor should a prefect be set over women, an officer who is created among the Greeks; but there should be a censor to teach husbands to manage their wives. So the discipline of modesty has great power. All women abstain from wine. And also if any woman was of bad character, her relations used not to kiss her. So petulance is derived from asking (_petendo_); wantonness (_procacitas_) from _procando_, that is, from demanding. VII. For I do not approve of the same nation being the ruler and the farmer of lands. But both in private families and in the affairs of the Commonwealth I look upon economy as a revenue. Faith (_fides_) appears to me to derive its name from that being done (_fit_) which is said. In a citizen of rank and noble birth, caressing manners, display, and ambition are marks of levity. Examine for a while the books on the Republic, and learn that good men know no bound or limit in consulting the interests of their country. See in that treatise with what praises frugality, and continency, and fidelity to the marriage tie, and chaste, honorable, and virtuous manners are extolled. VIII. I marvel at the elegant choice, not only of the facts, but of the language. If they dispute (_jurgant_). It is a contest between well-wishers, not a quarrel between enemies, that is called a dispute (_jurgium_), Therefore the law considers that neighbors dispute (_jurgare_) rather than quarrel (_litigare_) with one another. The bounds of man's care and of man's life are the same; so by the pontifical law the sanctity of burial * * * They put them to death, though innocent, because they had left those men unburied whom they could not rescue from the sea because of the violence of the storm. Nor in this discussion have I advocated the cause of the populace, but of the good. For one cannot easily resist a powerful people if one gives them either no rights at all or very little. In which case I wish I could augur first with truth and fidelity * * * IX. Cicero saying this in vain, when speaking of poets, "And when the shouts and approval of the people, as of some great and wise teacher, has reached them, what darkness do they bring on! what alarms do they cause! what desires do they excite!" Cicero says that if his life were extended to twice its length, he should not have time to read the lyric poets. X. As Scipio says in Cicero, "As they thought the whole histrionic art, and everything connected with the theatre, discreditable, they thought fit that all men of that description should not only be deprived of the honors belonging to the rest of the citizens, but should also be deprived of their franchise by the sentence of the censors." And what the ancient Romans thought on this subject Cicero informs us, in those books which he wrote on the Commonwealth, where Scipio argues and says * * * Comedies could never (if it had not been authorized by the common customs of life) have made theatres approve of their scandalous exhibitions. And the more ancient Greeks provided a certain correction for the vicious taste of the people, by making a law that it should be expressly defined by a censorship what subjects comedy should treat, and how she should treat them. Whom has it not attacked? or, rather, whom has it not wounded? and whom has it spared? In this, no doubt, it sometimes took the right side, and lashed the popular demagogues and seditious agitators, such as Cleon, Cleophon, and Hyperbolus. We may tolerate that; though indeed the censure of the magistrate would, in these cases, have been more efficacious than the satire of the poet. But when Pericles, who governed the Athenian Commonwealth for so many years with the highest authority, both in peace and war, was outraged by verses, and these were acted on the stage, it was hardly more decent than if, among us, Plautus and Naevius had attacked Publius and Cnaeus, or Caecilius had ventured to revile Marcus Cato. Our laws of the Twelve Tables, on the contrary--so careful to attach capital punishment to a very few crimes only--have included in this class of capital offences the offence of composing or publicly reciting verses of libel, slander, and defamation, in order to cast dishonor and infamy on a fellow-citizen. And they have decided wisely; for our life and character should, if suspected, be submitted to the sentence of judicial tribunals and the legal investigations of our magistrates, and not to the whims and fancies of poets. Nor should we be exposed to any charge of disgrace which we cannot meet by legal process, and openly refute at the bar. In our laws, I admire the justice of their expressions, as well as their decisions. Thus the word _pleading_ signifies rather an amicable suit between friends than a quarrel between enemies. It is not easy to resist a powerful people, if you allow them no rights, or next to none. The old Romans would not allow any living man to be either praised or blamed on the stage. XI. Cicero says that comedy is an imitation of life; a mirror of customs, an image of truth. Since, as is mentioned in that book on the Commonwealth, not only did AEschines the Athenian, a man of the greatest eloquence, who, when a young man, had been an actor of tragedies, concern himself in public affairs, but the Athenians often sent Aristodemus, who was also a tragic actor, to Philip as an ambassador, to treat of the most important affairs of peace and war. * * * * * INTRODUCTION TO THE FIFTH BOOK, BY THE ORIGINAL TRANSLATOR. In this fifth book Cicero explains and enforces the duties of magistrates, and the importance of practical experience to all who undertake their important functions. Only a few fragments have survived the wreck of ages and descended to us. BOOK V. FRAGMENTS. I. Ennius has told us-- Of men and customs mighty Rome consists; which verse, both for its precision and its verity, appears to me as if it had issued from an oracle; for neither the men, unless the State had adopted a certain system of manners--nor the manners, unless they had been illustrated by the men--could ever have established or maintained for so many ages so vast a republic, or one of such righteous and extensive sway. Thus, long before our own times, the force of hereditary manners of itself moulded most eminent men; and admirable citizens, in return, gave new weight to the ancient customs and institutions of our ancestors. But our age, on the contrary, having received the Commonwealth as a finished picture of another century, but one already beginning to fade through the lapse of years, has not only neglected to renew the colors of the original painting, but has not even cared to preserve its general form and prominent lineaments. For what now remains of those antique manners, of which the poet said that our Commonwealth consisted? They have now become so obsolete and forgotten that they are not only not cultivated, but they are not even known. And as to the men, what shall I say? For the manners themselves have only perished through a scarcity of men; of which great misfortune we are not only called to give an account, but even, as men accused of capital offences, to a certain degree to plead our own cause in connection with it. For it is owing to our vices, rather than to any accident, that we have retained the name of republic when we have long since lost the reality. II. * * * There is no employment so essentially royal as the exposition of equity, which comprises the true interpretation of all laws. This justice subjects used generally to expect from their kings. For this reason, lands, fields, woods, and pastures were reserved as the property of kings, and cultivated for them, without any labor on their part, in order that no anxiety on account of their personal interests might distract their attention from the welfare of the State. Nor was any private man allowed to be the judge or arbitrator in any suit; but all disputes were terminated by the royal sentence. And of all our Roman monarchs, Numa appears to me to have best preserved this ancient custom of the kings of Greece. For the others, though they also discharged this duty, were for the main part employed in conducting military enterprises, and in attending to those rights which belonged to war. But the long peace of Numa's reign was the mother of law and religion in this city. And he was himself the author of those admirable laws which, as you are aware, are still extant. And this character is precisely what belongs to the man of whom we are speaking. * * * III. [_Scipio._ Ought not a farmer] to be acquainted with the nature of plants and seeds? _Manilius._ Certainly, provided he attends to his practical business also. _Scipio._ Do you think that knowledge only fit for a steward? _Manilius._ Certainly not, inasmuch as the cultivation of land often fails for want of agricultural labor. _Scipio._ Therefore, as the steward knows the nature of a field, and the scribe knows penmanship, and as both of them seek, in their respective sciences, not mere amusement only, but practical utility, so this statesman of ours should have studied the science of jurisprudence and legislation; he should have investigated their original sources; but he should not embarrass himself in debating and arguing, reading and scribbling. He should rather employ himself in the actual administration of government, and become a sort of steward of it, being perfectly conversant with the principles of universal law and equity, without which no man can be just: not unfamiliar with the civil laws of states; but he will use them for practical purposes, even as a pilot uses astronomy, and a physician natural philosophy. For both these men bring their theoretical science to bear on the practice of their arts; and our statesman [should do the same with the science of politics, and make it subservient to the actual interests of philanthropy and patriotism]. * * * IV. * * * In states in which good men desire glory and approbation, and shun disgrace and ignominy. Nor are such men so much alarmed by the threats and penalties of the law as by that sentiment of shame with which nature has endowed man, which is nothing else than a certain fear of deserved censure. The wise director of a government strengthens this natural instinct by the force of public opinion, and perfects it by education and manners. And thus the citizens are preserved from vice and corruption rather by honor and shame than by fear of punishment. But this argument will be better illustrated when we treat of the love