The charge involved less sin than the acquittal; for the defendant on a charge of adultery parcelled out the adulteries, and was not sure of his own safety until he had made the jury criminals like himself. All this was done at the trial in which Cato gave evidence, although that was his sole part therein.

I shall quote Cicero's actual words, because the facts are so bad as to pass belief:

Letters from a Stoic

On the Degeneracy of the Age

You are mistaken, my dear Lucilius, if you think that luxury, neglect of good manners, and other vices of which each man accuses the age in which he lives, are especially characteristic of our own epoch; no, they are the vices of mankind and not of the times. No era in history has ever been free from blame. Moreover, if you once begin to take account of the irregularities belonging to any particular era, you will find – to man's shame be it spoken – that sin never stalked abroad more openly than in Cato's very presence.

Would anyone believe that money changed hands in the trial when Clodius was defendant on the charge of secret adultery with Caesar's wife, when he violated the ritual of that sacrifice which is said to be offered on behalf of the people when all males are so rigorously removed outside the precinct, that even pictures of all male creatures are covered up? And yet, money was given to the jury, and, baser even than such a bargain, sexual crimes were demanded of married women and noble youths as a sort of additional contribution.

"He made assignations, promises, pleas, and gifts. And more than this (merciful Heavens, what an abandoned state of affairs!) upon several of the jury, to round out their reward, he even bestowed the enjoyment of certain women and meetings with noble youths."

It is superfluous to be shocked at the bribe; the additions to the bribe were worse. "Will you have the wife of that prig, A.? Very good. Or of B., the millionaire? I will guarantee that you shall lie with her. If you fail to commit adultery, condemn Clodius. That beauty whom you desire shall visit you. I assure you a night in that woman's company without delay; my promise shall be carried out faithfully within the legal time of postponement." It means more to parcel out such crimes than to commit them; it means blackmailing dignified matrons.

These jurymen in the Clodius trial had asked the Senate for a guard – a favour which would have been necessary only for a jury about to convict the accused; and their request had been granted. Hence the witty remark of Catulus after the defendant had been acquitted: "Why did you ask us for the guard? Were you afraid of having your money stolen from you?" And yet, amid jests like these he got off unpunished who before the trial was an adulterer, during the trial a pander, and who escaped conviction more vilely than he deserved it.

Do you believe that anything could be more disgraceful than such moral standards – when lust could not keep its hands either from religious worship or from the courts of law, when, in the very inquiry which was held in special session by order of the Senate, more crime was committed than investigated? The question at issue was whether one could be safe after committing adultery; it was shown that one could not be safe without committing adultery!

All this bargaining took place in the presence of Pompey and Caesar, of Cicero and Cato, – yes, that very Cato whose presence, it is said, caused the people to refrain from demanding the usual quips and cranks of naked actresses at the Floralia, – if you can believe that men were stricter in their conduct at a festival than in a court-room! Such things will be done in the future, as they have been done in the past; and the licentiousness of cities will sometimes abate through discipline and fear, never of itself.

Therefore, you need not believe that it is we who have yielded most to lust and least to law. For young men of to-day live far more simple lives than those of an epoch when a defendant would plead not guilty to an adultery charge before his judges, and his judges admit it before the defendant, when debauchery was practised to secure a verdict, and when Clodius, befriended by the very vices of which he was guilty, played the procurer during the actual hearing of the case. Could one believe this? He to whom one adultery brought condemnation was acquitted because of many.

All ages will produce men like Clodius, but not all ages men like Cato. We degenerate easily, because we lack neither guides nor associates in our wickedness, and the wickedness goes on of itself, even without guides or associates. The road to vice is not only downhill, but steep; and many men are rendered incorrigible by the fact that, while in all other crafts errors bring shame to good craftsmen and cause vexation to those who go astray, the errors of life are a positive source of pleasure.

The pilot is not glad when his ship is thrown on her beam-ends; the physician is not glad when he buries his patient; the orator is not glad when the defendant loses a case through the fault of his advocate; but on the other hand every man enjoys his own crimes. A. delights in an intrigue – for it was the very difficulty which attracted him thereto. B. delights in forgery and theft, and is only displeased with his sin when his sin has failed to hit the mark. And all this is the result of perverted habits.

Conversely, however, in order that you may know that there is an idea of good conduct present subconsciously in souls which have been led even into the most depraved ways, and that men are not ignorant of what evil is but indifferent – I say that all men hide their sins, and, even though the issue be successful, enjoy the results while concealing the sins themselves. A good conscience, however, wishes to come forth and be seen of men; wickedness fears the very shadows.

Hence I hold Epicurus's saying to be most apt: "That the guilty may haply remain hidden is possible, that he should be sure of remaining hidden is not possible," or, if you think that the meaning can be made more clear in this way: "The reason that it is no advantage to wrong-doers to remain hidden is that even though they have the good fortune they have not the assurance of remaining so." This is what I mean: crimes can be well guarded; free from anxiety they cannot be.

This view, I maintain, is not at variance with the principles of our school, if it be so explained. And why? Because the first and worst penalty of sin is to have committed sin; and crime, though Fortune deck it out with her favours, though she protect and take it in her charge, can never go unpunished; since the punishment of crime lies in the crime itself. But none the less do these second penalties press close upon the heels of the first – constant fear, constant terror, and distrust in one's own security.

Why, then, should I set wickedness free from such a punishment? Why should I not always leave it trembling in the balance?

Let us disagree with Epicurus on the one point, when he declares that there is no natural justice, and that crime should be avoided because one cannot escape the fear which results therefrom; let us agree with him on the other – that bad deeds are lashed by the whip of conscience, and that conscience is tortured to the greatest degree because unending anxiety drives and whips it on, and it cannot rely upon the guarantors of its own peace of mind. For this, Epicurus, is the very proof that we are by nature reluctant to commit crime, because even in circumstances of safety there is no one who does not feel fear.

Good luck frees many men from punishment, but no man from fear. And why should this be if it were not that we have engrained in us a loathing for that which Nature has condemned? Hence even men who hide their sins can never count upon remaining hidden; for their conscience convicts them and reveals them to themselves. But it is the property of guilt to be in fear. It had gone ill with us, owing to the many crimes which escape the vengeance of the law and the prescribed punishments, were it not that those grievous offences against nature must pay the penalty in ready money, and that in place of suffering the punishment comes fear. Farewell.

Letters from a Stoic 97 : 3

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