objected to Africanus, that Briso dropped the opposition by his advice. At this time the two Scipios were very serviceable to a number of clients by their superior judgment, and Eloquence; but still more so by their extensive interest and popularity. But the written speeches of Pompeius (though it must be owned they have rather an antiquated air) discover an amazing sagacity, and are very far from being dry and spiritless. To these we must add P. Crassus, an orator of uncommon merit, who was qualified for the profession by the united efforts of art and nature, and enjoyed some other advantages which were almost peculiar to his family. For he had contracted an affinity with that accomplished Speaker Servius Galba above-mentioned, by giving his daughter in marriage to Galba's son; and being likewise himself the son of Mucius, and the brother of P. Scaevola, he had a fine opportunity at home (which he made the best use of) to gain a thorough knowledge of the Civil Law. He was a man of unusual application, and was much beloved by his fellow-citizens; being constantly employed either in giving his advice, or pleading causes in the Forum. Cotemporary with the Speakers I have mentioned were the two C. Fannii, the sons of C. and M. one of whom, (the son of C.) who was joint Consul with Domitius, has left us an excellent speech against Gracchus, who proposed the admission of the Latin and Italian allies to the freedom of Rome."—"Do you really think, then," said Atticus, "that Fannius was the author of that Oration? For when we were young, there were different opinions about it. Some asserted it was wrote by C. Persius, a man of letters, and the same who is so much extolled for his learning by Lucilius: and others believed it was the joint production of a number of noblemen, each of whom contributed his best to complete it."—"This I remember," said I; "but I could never persuade myself to coincide with either of them. Their suspicion, I believe, was entirely founded on the character of Fannius, who was only reckoned among the
middling Orators; whereas the speech in question is esteemed the best which the time afforded. But, on the other hand, it is too much of a piece to have been the mingled composition of many: for the flow of the periods, and the turn of the language, are perfectly similar, throughout the whole of it.—and as to
Persius, if
he had composed it for Fannius to pronounce, Gracchus would certainly have taken some notice of it in his reply; because Fannius rallies Gracchus pretty severely, in one part of it, for employing Menelaus of Marathon, and several others, to manufacture his speeches. We may add that Fannius himself was no contemptible Orator: for he pleaded a number of causes, and his Tribuneship, which was chiefly conducted under the management and direction of P. Africanus, was very far from being an idle one. But the other C. Fannius, (the son of M.) and son- in-law of C. Laelius, was of a rougher cast, both in his temper, and manner of speaking. By the advice of his father-in-law, (of whom, by the bye, he was not remarkably fond, because he had not voted for his admission into the college of augurs, but gave the preference to his younger son-in-law Q. Scaevola; though Laelius genteely excused himself, by saying that the preference was not given to the youngest son, but to his wife the eldest daughter,) by his advice, I say, he attended the lectures of Panaetius. His abilities as a Speaker may be easily conjectured from his History, which is neither destitute of elegance, nor a perfect model of composition. As to his brother Mucius the augur, whenever he was called upon to defend himself, he always pleaded his own cause; as, for instance, in the action which was brought against him for bribery by T. Albucius. But he was never ranked among the Orators; his chief merit being a critical knowledge of the Civil Law, and an uncommon accuracy of judgment. L. Caelius Antipater likewise (as you may see by his works) was an elegant and a handsome writer for the time he lived in; he was also an excellent Lawyer, and taught the principles of jurisprudence to many others, particularly to L. Crassus. As to Caius Carbo and T. Gracchus, I wish they had been as well inclined to maintain peace and good order in the State, as they were qualified to support it by their Eloquence: their glory would then have been out-rivaled by no one. But the latter, for his turbulent Tribuneship, which he entered upon with a heart full of resentment against the great and good, on account of the odium he had brought upon himself by the treaty of Numantia, was slain by the hands of the Republic: and the other, being impeached of a seditious affectation of popularity, rescued himself from the severity of the judges by a voluntary death. That both of them were excellent Speakers, is very plain from the general testimony of their cotemporaries: for as to their Speeches now extant, though I allow them to be very artful and judicious, they are certainly defective in Elocution. Gracchus had the advantage of being carefully instructed by his mother Cornelia from his very childhood, and his mind was enriched with all the stores of Grecian literature: for he was constantly attended by the ablest masters from Greece, and particularly, in his youth, by Diophanes of Mitylene, who was the most eloquent Grecian of his age: but though he was a man of uncommon genius, he had but a short time to improve and display it. As to Carbo, his whole life was spent in trials, and forensic debates. He is said by very sensible men who heard him, and, among others, by our friend L. Gellius who lived in his family in the time of his Consulship, to have been a sonorous, a fluent, and a spirited Speaker, and likewise, upon occasion, very pathetic, very engaging, and excessively humorous: Gellius used to add, that he applied himself very closely to his studies, and bestowed much of his time in writing and private declamation. He was, therefore, esteemed the best pleader of his time; for no sooner had he began to distinguish himself in the Forum, but the depravity of the age gave birth to a number of law-suits; and it was first found necessary, in the time of his youth, to settle the form of public trials, which had never been done before. We accordingly find that L. Piso, then a Tribune of the people, was the first who proposed a law against bribery; which he did when Censorinus and Manilius were Consuls. This Piso too was a professed pleader, and the proposer and opposer of a great number of laws: he left some Orations behind him, which are now lost, and a Book of Annals very indifferently written. But in the public trials, in which Carbo was concerned, the assistance of an able advocate had become more necessary than ever, in consequence of the law for voting by ballots, which was proposed and carried by L. Cassius, in the Consulship of Lepidus and Mancinus.
"I have likewise been often assured by the poet Attius, (an intimate friend of his) that your ancestor D. Brutus, the son of M. was no inelegant Speaker; and that for the time he lived in, he was well versed both in the Greek and Roman literature. He ascribed the same accomplishments to Q. Maximus, the grandson of L. Paulus: and added that, a little prior to Maximus, the Scipio, by whose instigation (though only in a private capacity) T. Gracchus was assassinated, was not only a man of great ardour in all other respects, but very warm and spirited in his manner of speaking. P. Lentulus too, the Father of the Senate, had a sufficient share of eloquence for an honest and useful magistrate. About the same time L. Furius Philus was thought to speak our language as elegantly, and more correctly than any other man; P. Scaevola to be very artful and judicious, and rather more fluent than Philus; M. Manilius to possess almost an equal share of judgment with the latter; and Appius Claudius to be equally fluent, but more warm and pathetic. M. Fulvius Flaccus, and C. Cato the nephew of Africanus, were likewise tolerable Orators: some of the writings of Flaccus are still in being, in which nothing, however, is to be seen but the mere scholar. P. Decius was a professed rival of Flaccus; he too was not destitute of Eloquence; but his style, as well as his temper, was too violent. M. Drusus the son of C. who, in his Tribuneship, baffled [Footnote: Laffiea. In the original it runs, "Caium Gracchum collegam, iterum Tribinum fecit." but this was undoubtedly a mistake of the transcriber, as being contrary not only to the truth of History, but to Cicero's own account of the matter in lib. IV. Di Finibus. Pighius therefore has very properly recommended the word fregit instead of fecit.] his colleague Gracchus (then raised to the same office a second time) was a nervous Speaker, and a man of great popularity: and next to him was his brother C. Drusus. Your kinsman also, my Brutus, (M. Pennus) successfully opposed the Tribune Gracchus, who was something younger than himself. For Gracchus was Quaestor, and Pennus (the son of that M. who was joint Consul with Q. Aelius) was Tribune, in the Consulship of M. Lepidus and L. Orestes: but after enjoying the Aedileship, and a prospect: of succeeding to the highest honours, he was snatched off by an untimely death. As to T. Flaminius, whom I myself have seen, I can learn nothing but that he spoke our language with great accuracy. To these we may join C. Curio, M. Scaurus, P. Rutilius, and C. Gracchus. It will not be amiss to give a short account of Scaurus and Rutilius; neither of whom, indeed, had the reputation of being a first- rate Orator, though each of them pleaded a number of causes. But some deserving men, who were not remarkable for their genius, may be justly commended for their industry; not that the persons I am speaking of were really destitute of genius, but only
