CICERO IN THE COURTROOM OF ST. THOMAS AQUINAS PUBLISHED AQUINAS LECTURES St. Thomas and the Life of Learning (1937) by the Rev. John F. McCormick, S.J., former professor of philosophy at Loyola University. St. Thomas and the Gentiles (1938) by Mortimer J. Adler, Ph.D., associate professor of the philosophy of law, University of Chicago. St. Thomas and the Greeks (1939) by Anton C. Pegis, Ph.D., associate professor of philosophy, Fordham University. The Nature and Functions of Authority (1940) by Yves Simon, Ph.D., associate professor of philos¬ ophy, University of Notre Dame. St. Thomas and Analogy (1941) by the Rev. Gerald B. Phelan, Ph.D., president of the Pontifical Institute of Mediaeval Studies, University of Toronto. St. Thomas and the Problem of Evil (1942) by Jacques Maritain, Ph.D., professor of philosophy, Institute of Mediaeval Studies, University of Toronto. Humanism and Theology (1943) by Werner Jaeger, Ph.D.,- Litt.D., "university” professor, Harvard University. The Nature and Origins of Scientism (1944) by the Rev. John Wellmuth, S.J., chairman of the Depart¬ ment of Philosophy, Loyola University. Cicero in the Courtroom of St. Thomas Aquinas (1945) by E. K. Rand, Ph.D., Litt.D., L.L.D., Pope Professor of Latin, emeritus, Harvard Uni¬ versity. The Aquinas Lecture, 1945 CICERO IN THE COURTROOM OF ST. THOMAS AQUINAS Under the Auspices of the Aristotelian Society of Marquette University BY E. K. RAND • * % Pope Professor of Latin, emeritus, Harvard University MARQUETTE UNIVERSITY PRESS MILWAUKEE 19 46 kVT7£> COPYRIGHT, 1946 BY THE ARISTOTELIAN SOCIETY OF MARQUETTE UNIVERSITY I PRINTED AT THE MARQUETTE UNIVERSITY PRESS MILWAUKEE, WISCONSIN THE AQUINAS LECTURES The Aristotelian Society of Marquette Uni¬ versity each year invites a scholar to speak on the Philosophy of St. Thomas Aquinas. These lectures have come to be called the Aquinas Lectures and are customarily deliv¬ ered on the Sunday nearest March 7, the feast day of the Society’s patron saint. For the year 1945, the Society has the pleasure of publishing the lecture by Edward Kennard Rand, Ph.D., Litt.D., LL.D., Pope Professor of Latin emeritus, Harvard Uni¬ versity. Professor Rand was born in Boston, Mass., in 1871 and graduated from Harvard Univer¬ sity in 1894 with the degree of Bachelor of Arts summa cum laude. He obtained his Mas¬ ter’s degree the next year and spent the fol¬ lowing years in study at the Harvard Divinity School and at the Episcopal Theological Sem¬ inary (in Cambridge, Mass.) and as an In¬ structor in Latin at the University of Chicago. After a year of study at the University of Munich, from which he received the degree of Doctor of Philosophy in 1900, he returned to Harvard in 1901 to enter upon a career of teaching and scholarship in classical and me¬ diaeval Latin literature and paleography. When, after forty-one years, he retired from Harvard in 1942, he passed two winters as resident scholar at the Institute for Byzantine Studies at Dumbarton Oaks in Washington, D. C. Professor Rand was exchange professor at the Sorbonne, Sather professor of Classical Literature at the University of California, and annual professor at the American Academy in Rome. He received the honorary degree of Doctor of Letters from Victoria University, Manchester (Eng.), Western Reserve Univer¬ sity, Trinity College, Dublin, from his own university of Harvard, and posthumously from the Sorbonne, and the honorary degree of Doctor of Laws from the Universities of Glasgow and Pennsylvania. He was a founder and first president of the Mediaeval Academy of America, a mem¬ ber and former president of the American Philological Association, and a former trustee and life member of the American Academy in Rome. He was a member or fellow of the American Philosophical Society, of the Massa¬ chusetts Historical Society, of the National In¬ stitute of Arts and Letters, of the Dante So¬ ciety, and of the Archaeological Institute of America. Abroad, he was a corresponding member or fellow of the British Academy, of the Academy of Inscriptions of the French Institute, of the Bavarian Academy of Sci¬ ences, of the Bollandist Society, and of academies at Mantua and Lund. Professor Rand made pioneer studies of the Carolingian scriptorium of Tours: A Survey of the Manuscript of Tours (1929) and The Earliest Book of Tours (1934). He edited and translated Boethius for the Loeb Library with the Rev. H. F. Stewart (1918) and pub¬ lished with E. H. Wilkins Dantis Alaghieri Operum Latinorum Concordantiae (1912). He was editor-in-chief for a critical edition of Sevius’ Commentary on Virgil. Other, more popular works were: Ovid and His Influence (1925), Founders of the Middle Ages (1928), The Magical Art of Virgil (1931), Les Esprits Souverains dans la Litter at me romaine (1936), and The Building of Eternal Rome (1943). His numerous articles and reviews appeared not only in scholarly journals but also in such magazines as The Atlantic Monthly and The Saturday Review of Literature. To these the Aristotelian Society takes pleasure in adding Cicero in the Courtroom of St. Thomas Aquinas. The author himself did not read the proofs, a task which was performed by colleagues on the Harvard faculty. Professor Rand died suddenly in Cambridge, Mass., on Sunday, October 28, 1945. Requiescat in Pace. PREFACE I wish, first of all, to thank various friends for services without which the present volume could not have seen the light. Professor Roy J. Deferrari and Sister Inviolata, C.D.P., of the Catholic University of America furnished the basic material from their Concordance to the Summa Theologica of St. Thomas Aquinas. To the Very Reverend Gerald B. Phelan, Presi¬ dent of the Pontifical Institute of Mediaeval Studies at Toronto, and to the Reverend Rob¬ ert J. Slavin, O.P., Ph.D., of the Catholic Uni¬ versity of America I am obliged for important details, as will be seen in the Notes. Finally, I shall never cease to be grateful to the Rever¬ end Gerard Smith, S.J., for the invitation to this distinguished lectureship, for the courtesy, and merry wit of his letters, for his painstaking examination of my manuscript, and for per¬ mitting it to be published despite its abnormal size. E. K. Rand