great extent. It
was illegal, such payment having been forbidden by the "Lex Cincia De
Muneribus," passed more than a century before Cicero began his
pleadings.[78] But the law had become a dead letter in the majority of
cases. There can be no doubt that Hortensius, the predecessor and great
rival of Cicero, took presents, if not absolute payment. Indeed, the
myth of honorary work, which is in itself absurd, was no more
practicable in Rome than it has been found to be in England, where every
barrister is theoretically presumed to work for nothing. That the "Lex
Cincia," as far as the payment of advocates went, was absurd, may be
allowed by us all. Services for which no regular payment can be exacted
will always cost more than those which have a defined price. But Cicero
would not break the law. It has been hinted rather than stated that he,
like other orators of the day, had his price. He himself tells us that
he took nothing; and no instance has been adduced that he had ever done
so. He is free enough in accusing Hortensius of having accepted a
beautiful statuette, an ivory sphinx of great value. What he knew of
Hortensius, Hortensius would have known of him, had it been there to
know; and what Hortensius or others had heard would certainly have been
told. As far as we can learn, there is no ground for accusing Cicero of
taking fees or presents beyond the probability that he would do so. I
think we are justified in believing that he did not do so, because those
who watched his conduct closely found no opportunity of exposing him.
That he was paid by different allied States for undertaking their
protection in the Senate, is probable, such having been a custom not
illegal. We know that he was specially charged with the affairs of
Dyrrachium, and had probably amicable relations with other allied
communities. This, however, must have been later in life, when his name
was sufficiently high to insure the value of his services, and when he
was a Senator.
Noble Romans also--noble as they were, and infinitely superior to the
little cares of trade--were accustomed to traffic very largely in usury.
We shall have a terrible example of such baseness on the part of
Brutus--that Brutus whom we have been taught to regard as almost on a
par with Cato in purity. To lend money to citizens, or more profitably
to allied States and cities, at enormous rates of interest, was the
ordinary resource of a Roman nobleman in quest of revenue. Th
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