Chapter 2: Wilson’s interaction with the Ciceronian texts
2. Direct Ciceronian quotations
2.3. The second and third sets of the Law Lectures
As noted in the introduction, the final two sets of the lectures focus largely on statutory matters. Although examples taken from Greece and particularly from Rome continue to play a role in Wilson’s analysis, most of his citations come from various laws and contemporary legal thinkers. Nevertheless, references from a range of Cicero’s texts figure in these sections as well and attest to Wilson’s comprehensive knowledge of the Ciceronian corpus.
In the second set of lectures, when Wilson is addressing the constitutional provisions of the United States and of Pennsylvania, he quotes Cicero five times.92 The first quotation from the combined texts ofde Legibus3.17.39 andde Lege Agraria2.2.4 occurs in Wilson’s discussion of the institution of the secret ballot in Rome, which he says Cicero designates as “the silent assertor of liberty”.93 Significantly, Wilson
references bothde Legibusandde Lege Agrariaon this point, althoughde Lege Agraria
most closely approximates Wilson’s quotation, when Cicero mentions the ballot as
vindicem tacitae libertatis(the protector of silent liberty). Wilson’s use of this reference in conjunction with that fromde Legibus, which in a similar phraseology
90 See above, p. 17.
91Two final Ciceronian quotations also occur in this set of lectures. Wilson quotes in the first instance fromCaecin.26.74-75 in Chapter XII ‘Of the Common Law’, and in the second fromde Or.3.50.195 in Chapter XIII, ‘Of the Nature and Philosophy of Evidence’. Since these quotations figure prominently in later discussions, I have addressed Wilson’s translations of them there (see below, pp. 158 and 187). 92 See above, p. 47 for the specific Ciceronian references and the corresponding page numbers in Wilson’s lectures. See above, p. 67 on the complete quotation from Cic.Leg.3.1.3, which Wilson only offers in a truncated form in this set of lectures and which I have therefore confined to the discussion above. The final Ciceronian quotation in this set of lectures comes from Cic.Mil.4.10-11; however, because of its significance in a later discussion, I have addressed it in that context (see below, p. 106). 93 Wilson (1804) 170.
speaks of the ballot asvindicem libertatis, points to his familiarity with the Ciceronian texts and his practice of comparing them with one another. In different contexts and depending on his audience, Cicero commonly invokes both the language of the elite and the language of the common people. By citing both a speech and a treatise from Cicero on this point, Wilson points to two separate times in which Cicero mentions the secret ballot: the first instance a speech where Cicero attempts to gain the favour of the people and to place himself on their side in opposition to thenobilitas,94and the second
instance when Cicero speaks more from the side of theoptimates.
The second Ciceronian quotation in this set of lectures occurs in Wilson’s brief discussion of the importance of marriage in society.95 At this point, he includes only the Latin text fromde Officiis1.17.54:Prima societas in ipso coniugio est(the first bond of partnership is in marriage itself). Later, he returns to this passage, once again quoting only the Latin text.96 This time, however, he employs a different sentence from the passage, which focuses on the family unit as the foundation of a community:id autem est principium urbis, et quasi seminarium reipublicae(this moreover is the basis of the city and as it were the nursery of the state). Wilson recognises that he is referring to the general passage again and even draws the reader’s attention to the fact.
Wilson’s use of Cicero within the context of American statute law points to the connection he saw as existing between his own time and that of the ancients. Despite his awareness of the differences in culture and government, he still believed in a general similarity with the legal principles of Cicero’s time and with the institutions the laws were designed to support.97 This same perspective governs the way Wilson employs the five Ciceronian quotations in the third set of lectures and applies them to statute laws regarding crimes and punishments.98
This short set of lectures deal with the practical rather than the theoretical aspect of Wilson’s writings, a fact which is reflected in the quotations he chooses. In all of these instances, Wilson quotes only the Latin and provides no translations, perhaps
94 Jonkers (1963) 58. 95 Wilson (1804) 2:476. 96 Wilson (1804) 2:493. 97
See Winterer (2002) 151 on the widely-held belief in eighteenth-century America that the classics provided an ancient mirror or template in their application to modern times.
98 See above, p. 47 for the specific Ciceronian references and the corresponding page numbers in Wilson’s lectures.
because in using these quotations as examples of a general principle, he is less
concerned with the various shades of meaning that could be drawn from the Latin texts. The first quotation frompro Domo41.109 appears in Wilson’s description of punishments for robbery and his affirmation of the principle that “a man’s house is his castle”:Quid enim sanctius, quid omni religione munitius, quam domus uniuscuiusque civium?(for what is more inviolable, what is more fortified by every sanctity than the home of each citizen).99 Later, when commending the laws of Pennsylvania which state that “a man cannot be compelled to give evidence against himself, Wilson turns to Cicero’sin Verrem.100 Because he believes the speech effectively illustrates Cicero’s eloquence in support of a righteous cause, Wilson includes three quotations from 5.62.162, 5.63.163, and 5.66.170, putting them together in a single paragraph:
Caedebatur virgis in medio foro Messanae civis Romanus, iudices; cum interea nullus gemitus, nulla vox alia istius miseri, inter dolorem crepitumque plagarum, audebatur, nisi haec, civis Romanus sum.101
A Roman citizen, O judges, was beaten with rods in the middle of the forum of Messana; meanwhile at the time no moan, no other sound was heard from that unfortunate man during the pain and crack of the blows, except for this, “I am a Roman citizen.” O nomen dulce libertatis! O ius eximium nostrae civitatis! O lex Porcia, legesque Semproniae! O graviter desiderata, et aliquando reddita plebi Romanae tribunicia potestas! Huccine tandem omnia reciderunt, ut civis Romanus, in provincia populi Romani, in oppido foederatorum, ab eo qui beneficio populi Romani fasces et secures haberet, deligatus in foro virgis caederetur? Quid, cum ignes ardentesque laminae caeterique cruciatus admovebantur?102
O the sweet name of liberty! O the excellent justice of our citizenship! O the law of Porcius, and the laws of Sepronius! O the tribunate power of the Roman people keenly longed for and finally restored to them! Have things finally fallen so far, that a Roman citizen, in a province of the Roman people, in a town of those allied to Rome, could be bound and beaten in the marketplace by one who held his rods and authority by the favour of the Roman people? What, when the fire and the glowing metal plates and the other instruments of torture were brought near?
Non fuit his omnibus iste contentus. Spectet, inquit, patriam: in conspectu legum libertatisque moriatur.
Not satisfied by all these things. “Let him see his native land”, he says, “let him die in sight of its law and liberty”.
99Wilson (1804) 3:61. Wilson employs “enim” in the phrase which is rendered by both the 1692 and Teubner editions as “quid est sanctius”.
100 Ibid.155.
101 One variation occurs in the Teubner edition, in the phrase “alia illius miseri”. While Wilson is correctly following the 1692 text at this point, he incorrectly writes “audebatur”, which both the 1692 and Teubner editions render as “audiebatur.”
102 In the Teubner edition, the phrase occurs as “hucine tandem haec omnia reciderunt”; Wilson, however, correctly follows the 1692 text.
Interpreting the passage as a critique of the use of torture against a Roman citizen, Wilson considers it an equally applicable condemnation of the torture against slaves permitted in the Roman legal system.103 At this point, Wilson argues that Cicero himself recognised the futility of such a practice and quotes frompro Sulla28.78 in support of this argument:
Quaestiones nobis servorum, ac tormenta accusator minitatur; in quibus quanquam nihil periculi suspicamur, tamen illa tormenta gubernat dolor, moderatur natura cuiusque tum animi tum corporis; regit quaesitor, flectit libido, corrumpit spes, infirmat metus, ut in tot rerum angustiis nihil veritati loci relinquatur.104
The prosecutor threatens us with the questioning and torturing of slaves; in which although we suspect no danger; nevertheless pain governs that torture, the nature of both mind and body controls it, the quaestor directs it, desire shapes it, hope perverts it, fear annuls it, so that in so many difficulties no place is left for the truth.
In this analysis ofin Verremandpro Sulla, Wilson interprets Cicero by referencing his different texts. As evident from these quotations, the final two sets of Wilson’s lectures bear witness to his thorough understanding of the Ciceronian texts, as he not only employs quotations from disparate speeches and treatises, but also compares them with one another.
As has been demonstrated in this chapter, Wilson shows precision, aptitude, and awareness in translating and applying Cicero’s texts throughout the course of his
lectures. The detailed examination of this chapter, therefore, establishes that Wilson relied on the Ciceronian texts and directly consulted them in the formation of his legal and political thought. On this foundation, the following chapters analyse Wilson’s use of Cicero within the specific context of his theories of popular sovereignty, the good citizen, and resistance to written law.
103 Wilson (1804) 157.
104 Two variations occur in the Teubner edition as “accusator ac tormenta”, “cuiusque cum animi”. Wilson also employs “quanquam”, which is rendered “quamquam” in the 1692 and Teubner editions.