--- title: "For Murena · Pro L. Murena" author: "Cicero" translator: "Charles Duke Yonge" languages: [la, en] shelf: "Classical Latin" section: 1 of 3 url: https://scriptura.si/works/cicero-pro-murena/1/ cite: "Cicero, tr. Charles Duke Yonge, For Murena · Pro L. Murena, section 1. Scriptura (scriptura.si), https://scriptura.si/works/cicero-pro-murena/1/" --- # For Murena · Pro L. Murena *Cicero, tr. Charles Duke Yonge* Cicero defends the consul-elect against bribery charges, teasing the Stoic Cato and the lawyer Sulpicius. > Latin: ed. Albert Curtis Clark, from the Perseus Digital Library (canonical-latinLit, phi0474.phi014, CC BY-SA 4.0). > English: Charles Duke Yonge, from the Perseus Digital Library (phi0474.phi014.perseus-eng2). Notes are not included. > Rows follow the references the two texts share (chapters and sections), cut where both reach the end of a sentence. ## 1. Sections 2–30 Source: https://scriptura.si/works/cicero-pro-murena/1/ · cite a paragraph as https://scriptura.si/works/cicero-pro-murena/1/#p-N [¶0] Lucius Murena was one of the consuls elect; the other being Silanus, the brother-in-law of Cato. Cato, however, instigated Sulpicius, one of the most eminent lawyers in Rome, and a defeated competitor for the consulship, to prosecute Murena for bribery, under the new law passed by Cicero, (mentioned in the argument to the first oration against Catiline,) though he brought no charge against Silanus, who was as guilty as Murena, if there was any guilt at all. Murena had served as lieutenant to Lucullus in the Mithridatic war. Murena was defended by Crassus, Hortensius, and Cicero. We have neither of the speeches of his other advocates; and even the speech of Cicero is not in a perfect state. Murena was unanimously acquitted, partly perhaps from consideration of the argument which Cicero dwelt upon very earnestly, of what great importance it was, at such a perilous time, (for this oration was spoken in the interval between the flight of Catiline to the camp of Manlius, and the final detection and condemnation of the conspirators who remained behind,) to have a consul of tried bravery and military experience. It is remarkable that Sulpicius, the prosecutor, was a most intimate friend of Cicero, who had exerted all his influence to procure his election in this very contest for the consulship; and so also was Cato; nor did the opposition which Cicero made to them in this case cause any interruption to their intimacy, and we shall find, in the Philippics, Cicero exerting himself to procure public funeral honours for Sulpicius. What I entreated of the immortal gods, O judges, according to the manners and institutions of our ancestors, on that day when, after taking the auspices in the comitia centuriata, I declared Lucius Murena to have been elected consul,—namely, that that fact might turn out gloriously and happily for me and for my office, and for the Roman nation and people,—that same thing do I now pray for from the same immortal gods, that the consulship may be obtained by that same man with safety, and that your inclinations and opinions may agree with the wishes and suffrages of the Roman people, and that that fact may bring to you and to the Roman people peace, tranquillity, ease, and unanimity. And if that solemn prayer of the comitia, consecrated under the auspices of the consul, has as much power and holy influence as the dignity of the republic requires, I pray also that the matter may turn out happily, fortunately, and prosperously to those men to whom the consulship was given when I presided over the election. > Latin: precatus a dis immortalibus sum, iudices, more institutoque maiorum illo die quo auspicato comitiis centuriatis L.Lucium Murenam consulem renuntiavi, ut ea res mihi fidei magistratuique meo, populo plebique Romanae bene atque feliciter eveniret, eadem precor ab isdem dis immortalibus ob eiusdem hominis consulatum una cum salute obtinendum, et ut vestrae mentes atque sententiae cum populi Romani voluntatibus suffragiisque consentiant, eaque res vobis populoque Romano pacem, tranquillitatem, otium concordiamque adferat. si illa sollemnis comitiorum precatio consularibus auspiciis consecrata tantam habet in se vim et religionem quantam rei publicae dignitas postulat, idem ego sum precatus ut eis quoque hominibus quibus hic consulatus me rogante datus esset ea res fauste feliciter prospereque eveniret. [¶1] 2. And as this is the case, O judges, and as all the power of the immortal gods is either transferred to, or at all events is shared with you, the same consul recommends him now to your good faith who before recommended him to the immortal gods; so that he being both declared consul and being defended by the voice of the same man, may uphold the kindness of the Roman people to your safety and that of all the citizens. And since in this duty which I have undertaken the zeal of my defence has been found fault with by the accusers, and even the very fact of my having undertaken the cause at all, before I begin to say anything of Lucius Murena, I will say a few words on behalf of myself; not because at this time the defence of my duty seems to me more important than that of his safety, but in order that, when what I have done is approved of by you, I may be able with the greater authority to repel the attacks of his enemies upon his honour, his reputation, and all his fortunes. > Latin: 2. cum ita sint, iudices, et cum omnis deorum immortalium potestas aut translata sit ad vos aut certe communicata vobiscum, idem consulem vestrae fidei commendat qui antea dis immortalibus commendavit, ut eiusdem hominis voce et declaratus consul et defensus beneficium populi Romani cum vestra atque omnium civium salute tueatur. quoniam in hoc officio studium meae defensionis ab accusatoribus atque etiam ipsa susceptio causae reprensa est, ante quam pro L.Lucio Murena dicere instituo, pro me ipso pauca dicam, non quo mihi potior hoc quidem tempore sit offici mei quam huiusce salutis defensio, sed ut meo facto vobis probato maiore auctoritate ab huius honore fama fortunisque omnibus inimicorum impetus propulsare possim. [¶2] 3. And first of all I will answer Marcus Cato a man who directs his life by a certain rule and system and who most carefully weighs the motives of every duty about my own duty. Cato says it is not right that I who have been consul and the very passer of the law of bribery and corruption and who behaved so rigorously in my own consulship should take up the cause of Lucius Murena and his reproach has great weight with me and makes me desirous to make not only you, O judges, whom I am especially bound to satisfy, but also Cato himself, a most worthy and upright man, approve the reasons of my action. By whom then, O Marcus Cato, is it more just that a consul should be defended than by a consul? Who can there be, who ought there to be, dearer to me in the republic, than he to whom the republic which has been supported by my great labours and dangers is delivered by me alone to be supported for the future? For if, in the demanding back things which may be alienated, he ought to incur the hazard of the trial who has bound himself by a legal obligation, surely still more rightly in the trial of a consul elect, that consul who has declared him consul ought most especially to be the first mover of the kindness of the Roman people, and his defender from danger. > Latin: 3. primum M.Marco Catoni vitam ad certam rationis normam derigenti et diligentissime perpendenti momenta officiorum omnium de officio meo respondebo. fuisse rectum Cato me et consulem et legis ambitus latorem et tam severe gesto consulatu causam L.Lucii Murenae attingere. reprehensio me vehementer movet, non solum ut vobis, iudices, quibus maxime debeo, verum etiam ut ipsi Catoni, gravissimo atque integerrimo viro, rationem facti mei probem. A quo tandem, M.Marce Cato, est aequius consulem defendi quam a consule? mihi in re publica potest aut debet esse coniunctior quam is cui res publica a me iam traditur sustinenda magnis meis laboribus et periculis sustentata? si in eis rebus repetendis quae mancipi sunt is periculum iudici praestare debet qui se nexu obligavit, profecto etiam rectius in iudicio consulis designati is potissimum consul qui consulem declaravit auctor benefici populi Romani defensorque periculi esse debebit. [¶3] 4. And if, as is accustomed to be done in some states, an advocate were appointed to this cause by the public, that man would above all others be assigned to one invested with honours as his defender, who having himself enjoyed the same honour, brought to his advocacy no less authority than ability. But if those who are being wafted from the main into harbour are wont with the greatest care to inform those who are sailing out of harbour, of the character of storms, and pirates, and of places, because nature prompts us to favour those who are entering on the same dangers which we have passed through, of what disposition ought I to be, who after having been much tossed about am now almost in sight of land, towards him by whom I see the greatest tempests of the republic about to be encountered? Wherefore, if it is the part of a virtuous consul not only to see what is being done, but to foresee what is likely to happen, I will show in another place how much it is for the interest of the common safety that there should be two consuls in the republic on the first of January. > Latin: 4. si, ut non nullis in civitatibus fieri solet, patronus huic causae publice constitueretur, is potissimum summo honore adfecto defensor daretur qui eodem honore praeditus non minus adferret ad dicendum auctoritatis quam facultatis. si e portu solventibus ei qui iam in portum ex alto invehuntur praecipere summo studio solent et tempestatum rationem et praedonum et locorum, quod natura adfert ut eis faveamus qui eadem pericula quibus nos perfuncti sumus ingrediantur, quo tandem me esse animo oportet prope iam ex magna iactatione terram videntem in hunc cui video maximas rei publicae tempestates esse subeundas? re si est boni consulis non solum videre quid agatur verum etiam providere quid futurum sit, ostendam alio loco quantum salutis communis intersit duos consules in re publica Kalendis Ianuariis esse. [¶4] 5. And if that be the case, then it is not so much my duty which ought to summon me to defend the fortunes of a man who is my friend, as the republic which ought to invite the consul to the defence of the common safety. For as to my having passed a law concerning bribery and corruption, certainly I passed it so as not to abrogate that law which I have long since made for myself concerning defending my fellow-citizens from dangers. If, indeed, I confessed that a largess had been distributed, and were to defend it as having been rightly done, I should be acting wrongly, even if another had passed the law; but when I am saving in defence that nothing has been done contrary to law; then what reason is there that my having passed the law should he an obstacle to my undertaking the defence? > Latin: 5. si ita est, non tam me officium debuit ad hominis amici fortunas quam res publica consulem ad communem salutem defendendam vocare. quod legem de ambitu tuli, certe ita tuli ut eam quam mihimet ipsi iam pridem tulerim de civium periculis defendendis non abrogarem. si largitionem factam esse confiterer idque recte factum esse defenderem, facerem improbe, etiam si alius legem tulisset; cum vero nihil commissum contra legem esse defendam, quid est quod meam defensionem latio legis impediat? [¶5] 6. He says that it does not belong to the same severity of character, to have banished from the city by words, and almost by express command, Catiline, when planning the destruction of the republic within its very walls, and now to speak on behalf of Lucius Murena. But I have always willingly acted the part of lenity and clemency which nature itself has taught me but I have not sought the character of severity and rigour, but I have supported it when imposed upon me by the republic as the dignity of this empire required at the time of the greatest peril to the citizens. But if then, when the public required vigour and severity, I overcame my nature, and was as severe as I was forced to be not as I wished to be; now, when all causes invite me to mercy and humanity, with what great zeal ought I to obey my nature and my usual habits? and concerning my duty of defending, and your method of prosecuting, perhaps I shall have again to speak in another part of my speech. > Latin: 6. esse eiusdem severitatis Catilinam exitium rei publicae intra moenia molientem verbis et paene imperio ex urbe expulisse et nunc pro L.Lucio Murena dicere. autem has partis lenitatis et misericordiae quas me natura ipsa docuit semper egi libenter, illam vero gravitatis severitatisque personam non appetivi, sed ab re publica mihi impositam sustinui, sicut huius imperi dignitas in summo periculo civium postulabat. si tum, cum res publica vim et severitatem desiderabat, vici naturam et tam vehemens fui quam cogebar, non quam volebam, nunc cum omnes me causae ad misericordiam atque ad humanitatem vocent, quanto tandem studio debeo naturae meae consuetudinique servire? de officio defensionis meae ac de ratione accusationis tuae fortasse etiam alia in parte orationis dicendum nobis erit. [¶6] 7. But, O judges, the complaint of Servius Sulpicius, a most wise and accomplished man, moved me no less than the accusation of Cato; for he said that he was exceedingly and most bitterly vexed that I had forgotten my friendship and intimacy with him, and was defending the cause of Lucius Murena against him. I wish, O judges, to satisfy him, and to make you arbitrators between us. For as it is a sad thing to be accused with truth in a case of friendship, so, even if you be falsely accused, it is not to be neglected. I, O Servius Sulpicius, both allow that according to my intimacy with you I did owe you all my zeal and activity to assist you in your canvass, and I think I displayed it when you stood for the consulship, nothing on my part was wanting to you which could have been expected either from a friend, or from an obliging person, or from a consul. That time has gone by,—the case is changed. I think, and am persuaded, that I owed you as much aid as ever you have ventured to require of me against the advancement of Lucius Murena but no aid at all against his safety. > Latin: 7. me, iudices, non minus hominis sapientissimi atque ornatissimi, Ser. Sulpici, conquestio quam Catonis accusatio commovebat qui gravissime et acerbissime ⟨se⟩ ferre dixit me familiaritatis necessitudinisque oblitum causam L.Lucii Murenae contra se defendere. ego, iudices, satis facere cupio vosque adhibere arbitros. cum grave est vere accusari in amicitia, tum, etiam si falso accuseris, non est neglegendum., Ser. Sulpici, me in petitione tua tibi omnia studia atque officia pro nostra necessitudine et debuisse confiteor et praestitisse arbitror. tibi consulatum petenti a me defuit quod esset aut ab amico aut a gratioso aut a consule postulandum. illud tempus; mutata ratio est. existimo, sic mihi persuadeo, me tibi contra honorem Murenae quantum tu a me postulare ausus sis, tantum debuisse, contra salutem nihil debere. [¶7] 8. Nor does it follow, because I stood by you when you were a candidate for the consulship, that on that account I ought now to be an assistant to you in the same way, when you are attacking Murena himself. And this it not only not praiseworthy,—it is not even allowable, that we may not defend even those who are most entirely strangers to us when our friends accuse them. But in truth, there is, O judges, between Murena and myself an ancient and great friendship, which shall not be overwhelmed in a capital trial by Servius Sulpicius, merely because it was overcome by superior considerations when he was contesting an honorable office with that same person. And if this cause had not existed, yet the dignity of the man, and the honourable nature of that office which he has obtained, would have branded me with the deepest reproach of pride and cruelty, if in so great a danger I had repudiated the cause of a man so distinguished by his own virtues and by the honours paid him by the Roman people. For it is not now in my power,—it is not possible, for me to shrink from devoting my labour to alleviate the dangers of others. For when such rewards have been given me for this diligence of mine, such as before now have never been given to any one, to abandon those labours by which I have earned them, as soon as I have received them, would be the act of a crafty and ungrateful man. > Latin: 8. enim, si tibi tum cum peteres ⟨consulatum studui, nunc⟩ cum Murenam ipsum petas, adiutor eodem pacto esse debeo. hoc non modo non laudari sed ne concedi quidem potest ut amicis nostris accusantibus non etiam alienissimos defendamus. autem cum Murena, iudices, et magna et vetus amicitia est, quae in capitis dimicatione a Ser. Sulpicio non idcirco obruetur quod ab eodem in honoris contentione superata est. si causa non esset, tamen vel dignitas hominis vel honoris eius quem adeptus est amplitudo summam mihi superbiae crudelitatisque infamiam inussisset, si hominis et suis et populi Romani ornamentis amplissimi causam tanti periculi repudiassem. enim iam mihi licet neque est integrum ut meum laborem hominum periculis sublevandis non impertiam. cum praemia mihi tanta pro hac industria sint data quanta antea nemini, sic ⟨existimo, labores quos in petitione⟩ exceperis, eos, cum adeptus sis, deponere, esse hominis et astuti et ingrati. [¶8] 9. If, indeed, I may rest from my labours,—if you advise me that I can do so,—if no reproach of indolence, none of unworthy arrogance, none of inhumanity is incurred by so doing, in good truth I will willingly rest. But if flying from toil convicts me of laziness,—if rejection of suppliants convicts me of arrogance,—if neglect of my friends is a proof of worthlessness, then, above all others, this cause is such an one as no industrious, or merciful, or obliging man can abandon. And you may easily form your opinion of this matter, O Servius, from your own pursuits. For if you think it necessary to give answers to even the adversaries of your friends when they consult you about law, and if you think it shameful, when you have been retained as an advocate for him in whose cause you have come forward, to fail; be not so unjust; as, when your springs are open even to your enemies, to think it right that our small streams should be closed even against our friends. > Latin: 9. si licet desinere, si te auctore possum, si nulla inertiae ⟨infamia⟩, nulla superbiae turpitudo, nulla inhumanitatis culpa suscipitur, ego vero libenter desino. autem fuga laboris desidiam, repudiatio supplicum superbiam, amicorum neglectio improbitatem coarguit, nimirum haec causa est eius modi quam nec industrius quisquam nec misericors nec officiosus deserere possit. huiusce rei coniecturam de tuo ipsius studio, Servi, facillime ceperis. si tibi necesse putas etiam adversariis amicorum tuorum de iure consulentibus respondere, et si turpe existimas te advocato illum ipsum quem contra veneris causa cadere, noli tam esse iniustus ut, cum tui fontes vel inimicis tuis pateant, nostros etiam amicis putes clausos esse oportere. [¶9] 10. Indeed, if my intimacy with you had prevented my appearing in this cause, and if the same thing had happened to Quintus Hortensius and Marcus Crassus, most honourable men, and to others also by whom I know that your affection is greatly esteemed, the consul elect would have had no defender in that city in which our ancestors intended that even the lowest of the people should never want an advocate. But I, O judges, should think myself wicked if I had failed my friend,—cruel if I had failed one in distress,—arrogant if I had failed the consul. So that what ought to be given to friendship shall be abundantly given by me, so that I will deal with you, O Servius, as if my brother, who is the dearest of all men to me, stood in your place. What ought to be given to duty, to good faith, to religion, that I will so regulate as to recollect that I am speaking contrary to the wish of one friend to defend another friend from danger. > Latin: 10. si me tua familiaritas ab hac causa removisset, et si hoc idem Q.Quinto Hortensio, M.Marco Crasso, clarissimis viris, si item ceteris a quibus intellego tuam gratiam magni aestimari accidisset, in ea civitate consul designatus defensorem non haberet in qua nemini umquam infimo maiores nostri patronum deesse voluerunt. vero, iudices, ipse me existimarem nefarium si amico, crudelem si misero, superbum si consuli defuissem. re quod dandum est amicitiae, large dabitur a me, ut tecum agam, Servi, non secus ac si meus esset frater, qui mihi est carissimus, isto in loco; quod tribuendum est officio, fidei, religioni, id ita moderabor ut meminerim me contra amici studium pro amici periculo dicere. [¶10] 11. I understand, O judges, that this whole accusation is divided into three parts, and that one of them refers to find my fault with Murena's habits of life, another to his contest for the dignity, and a third to charges of bribery and corruption. And of these three divisions, that first which ought to have been the weightiest of all, was so weak and trifling, that it was rather some general rule of accusing, than any real occasion for finding fault, which prompted them to say anything about the way of life of Lucius Murena. For Asia has been mentioned as a reproach to him, which was not sought by him for the sake of pleasure and luxury, but was traversed by him in the performance of military labours; but if he while a young man had not served under his father when general, he would have seemed either to have been afraid of the enemy, or of the command of his father, or else to have been repudiated by his father. Shall we say that, when all the sons who wear the praetexta are accustomed to sit on the chariot of those who are celebrating a triumph, this man ought to have shunned adorning the triumph of his father with military gifts, so as almost to share his fathers triumph for exploits which they had performed in common? > Latin: 11. , iudices, tris totius accusationis partis fuisse, et earum unam in reprehensione vitae, alteram in contentione dignitatis, tertiam in criminibus ambitus esse versatam. harum trium partium prima illa quae gravissima debebat esse ita fuit infirma et levis ut illos lex magis quaedam accusatoria quam vera male dicendi facultas de vita L.Lucii Murenae dicere aliquid coegerit. est enim Asia; quae ab hoc non ad voluptatem et luxuriam expetita est sed in militari labore peragrata. si adulescens patre suo imperatore non meruisset, aut hostem aut patris imperium timuisse aut a parente repudiatus videretur. cum sedere in equis triumphantium praetextati potissimum filii soleant, huic donis militaribus patris triumphum decorare fugiendum fuit, ut rebus communiter gestis paene simul cum patre triumpharet? [¶11] 12. But this man, O judges, both was in Asia and was a great assistance to that bravest of men his own father in his dangers, a comfort to him in his labours a source of congratulation to him in his victory. And if Asia does carry with it a suspicion of luxury, surely it is a praiseworthy thing, not never to have seen Asia, but to have lived temperately in Asia. So that the name of Asia should not have been objected to Lucius Murena, a country whence renown was derived for his family, lasting recollection for his race, honour and glory for his name, but some crime or disgrace, either incurred in Asia, or brought home from Asia. But to have served campaigns in that war which was not only the greatest, but the only war which the Roman people was waging at that time, is a proof of valour; to have served most willingly under his father, who was commander-in-chief, is a proof of piety; that the end of his campaign was the victory and triumph of his father, is a proof of good fortune. There is, therefore, no room in these matters for speaking ill of him, because praise takes up the whole room. > Latin: 12. vero, iudices, et fuit in Asia et viro fortissimo, parenti suo, magno adiumento in periculis, solacio in laboribus, gratulationi in victoria fuit. si habet Asia suspicionem luxuriae quandam, non Asiam numquam vidisse sed in Asia continenter vixisse laudandum est. ob rem non Asiae nomen obiciendum Murenae fuit ex qua laus familiae, memoria generi, honos et gloria nomini constituta est, sed aliquod aut in Asia susceptum aut ex Asia deportatum flagitium ac dedecus. vero stipendia in eo bello quod tum populus Romanus non modo maximum sed etiam solum gerebat virtutis, patre imperatore libentissime meruisse pietatis, finem stipendiorum patris victoriam ac triumphum fuisse felicitatis fuit. quidem idcirco nihil in hisce rebus loci est quod omnia laus occupavit. [¶12] 13. Cato calls Lucius Murena a dancer. If this be imputed to him truly, it is the reproach of a violent accuser; but if falsely, it is the abuse of a scurrilous railer. Wherefore, as you are a person of such influence, you ought not, O Marcus Cato, to pick up abusive expressions out of the streets, or out of some quarrel of buffoons; you ought not rashly to call a consul of the Roman people a dancer; but to consider with what other vices besides that man must be tainted to whom that can with truth be imputed. For no man, one may almost say, ever dances when sober, unless perhaps he be a madman, nor in solitude, nor in a moderate and sober party; dancing is the last companion of prolonged feasting, of luxurious situation, and of many refinements. You charge me with that which must necessarily be the last of all vices, you say nothing of those things without which this vice absolutely cannot exist: no shameless feasting, no improper love, no carousing, no lust no extravagance is alleged; and when those things which have the name of pleasure, and which are vicious, are not found, do you think that you will find the shadow of luxury in that man in whom you cannot find the luxury itself? > Latin: 13. appellat L.Lucium Murenam Cato. est, si vere obicitur, vehementis accusatoris, sin falso, maledici conviciatoris. re cum ista sis auctoritate, non debes, M.Marce Cato, adripere maledictum ex trivio aut ex scurrarum aliquo convicio neque temere consulem populi Romani saltatorem vocare, sed circumspicere quibus praeterea vitiis adfectum esse necesse sit eum cui vere istud obici possit. enim fere saltat sobrius, nisi forte insanit, neque in solitudine neque in convivio moderato atque honesto. convivi, amoeni loci, multarum deliciarum comes est extrema saltatio. mihi adripis hoc quod necesse est omnium vitiorum esse postremum, relinquis illa quibus remotis hoc vitium omnino esse non potest? turpe convivium, non amor, non comissatio, non libido, non sumptus ostenditur, et, cum ea non reperiantur quae voluptatis nomen habent quamquam vitiosa sunt, in quo ipsam luxuriam reperire non potes, in eo te umbram luxuriae reperturum putas? [¶13] 14. Can nothing, therefore, be said against the life of Lucius Murena? Absolutely nothing, I say, O judges. The consul elect is defended by me on this ground, that no fraud of his, no avarice, no perfidy, no cruelty, no wanton word can be alleged against him in his whole life. It is well. The foundations of the defence are laid; for we are not as yet defending this virtuous and upright man with my own panegyric, which I will employ presently, but almost by the confession of his adversaries. And now that this is settled, the approach to the contest for this dignity, which was the second part of the accusation, is more easy to me. > Latin: 14. igitur in vitam L.Lucii Murenae dici potest, nihil, inquam, omnino, iudices. a me consul designatus defenditur ut eius nulla fraus, nulla avaritia, nulla perfidia, nulla crudelitas, nullum petulans dictum in vita proferatur. habet; iacta sunt fundamenta defensionis. enim nostris laudibus, quibus utar postea, sed prope inimicorum confessione virum bonum atque integrum hominem defendimus. constituto facilior est mihi aditus ad contentionem dignitatis, quae pars altera fuit accusationis. [¶14] 15. I see that there is in you, O Servius Sulpicius, the greatest dignity of birth, of integrity, of industry, and of all the other accomplishments which a man ought to rely on when he offers himself as a candidate for the consulship. I know that all those qualities are equal in Lucius Murena, and so equal that he can neither be surpassed in worth by you, nor can himself surpass you in worth. You have spoken slightingly of the family of Lucius Murena, you have extolled your own; but if you dwell on this topic so as to allow no one to be considered as born of a good family, unless he be a patrician, you will compel the common people again to secede to the Aventine Hill. But if there are honourable and considerable families among the plebeians,—both the great-grandfather of Lucius Murena, and his grand-father, were praetors; and his father, when he had triumphed most splendidly and honourably for exploits performed in his praetorship, left the steps towards the acquisition of the consulship more easy, because that honour which was due to the father was demanded by the son. > Latin: 15. video esse in te, Ser. Sulpici, dignitatem generis, integritatis, industriae ceterorumque ornamentorum omnium quibus fretum ad consulatus petitionem adgredi par est. Paria cognosco esse ista in L.Lucio Murena, atque ita paria ut neque ipse dignitate vinci ⟨a te⟩ potuerit neque te dignitate superarit. L.Lucii Murenae genus, extulisti tuum. loco si tibi hoc sumis, nisi qui patricius sit, neminem bono esse genere natum, facis ut rursus plebes in Aventinum sevocanda esse videatur. autem sunt amplae et honestae familiae plebeiae, et proavus L.Lucii Murenae et avus praetor fuit, et pater, cum amplissime atque honestissime ex praetura triumphasset, hoc faciliorem huic gradum consulatus adipiscendi reliquit quod is iam patri debitus a filio petebatur. [¶15] 16. But your nobility, O Servius Sulpicius, although it is most eminent yet it is known rather to men versed in literature and history, but not much so to the people and to the voters. For your father was in the rank of the knights, your grandfather was renowned for no conspicuous action. So that the recollection of your nobility is to be extracted not from the modern conversation of men, but from the antiquity of annals. So that I also am accustomed to class you in our number, because you by your own virtue and industry, though you are the son of a Roman knight, have yet earned the being considered worthy of the very highest advancement. Nor did it ever seem to me that there was less virtue in Quintus Pompeius, a new man and a most brave man, than in that most high-born man, Marcus Aemilius. Indeed, it is a proof of the same spirit and genius, to hand down to his posterity, as Pompeius did, an honourable name, which he had not received from his ancestors; and, as Scaurus did, to renew the recollection of his family which was almost extinct. > Latin: 16. vero nobilitas, Ser. Sulpici, tametsi summa est, tamen hominibus litteratis et historicis est notior, populo vero et suffragatoribus obscurior. enim fuit equestri loco, avus nulla inlustri laude celebratus. non ex sermone hominum recenti sed ex annalium vetustate eruenda memoria est nobilitatis tuae. re ego te semper in nostrum numerum adgregare soleo, quod virtute industriaque perfecisti ut, cum equitis Romani esses filius, summa tamen amplitudine dignus putarere. mihi umquam minus in Q.Quinto Pompeio, novo homine et fortissimo viro, virtutis esse visum est quam in homine nobilissimo, M.Marco Aemilio. eiusdem animi atque ingeni est posteris suis, quod Pompeius fecit, amplitudinem nominis quam non acceperit tradere et, ut Scaurus, memoriam prope intermortuam generis sua virtute renovare. [¶16] 17. Although I now thought, O judges, that it had been brought about by my labours, that a want of nobleness of birth should not be objected to many brave men, who were neglected, though men were praising not only the Curii, the Catos, the Pompeii, those ancient new but most distinguished men, but also, these more modern new men, the Marii, and Didii, and Coelii. But when I, after so great an interval, had broken down those barriers of nobility, so that entrance to the consulship should hereafter be opened, as it was in the time of I our ancestors, not more to high birth than to virtue, I did not think when a consul-elect of an ancient and illustrious family was being defended by the son of a Roman knight himself a consul, that the accusers would say anything about newness of family. In truth it happened to me myself to stand against two patricians, one a most worthless and audacious man, the other a most modest and virtuous one; yet I surpassed Catiline in worth, Galba in popularity. But if that ought to have been imputed as a crime to a new man, forsooth, I should have wanted neither enemies nor detractors. > Latin: 17. ego iam putabam, iudices, multis viris fortibus ne ignobilitas generis obiceretur meo labore esse perfectum, qui non modo Curiis, Catonibus, Pompeiis, antiquis illis fortissimis viris, novis hominibus, sed his recentibus, Mariis et Didiis et Caeliis, commemorandis id agebam. vero ego tanto intervallo claustra ista nobilitatis refregissem, ut aditus ad consulatum posthac, sicut apud maiores nostros fuit, non magis nobilitati quam virtuti pateret, non arbitrabar, cum ex familia vetere et inlustri consul designatus ab equitis Romani filio consule defenderetur, de generis novitate accusatores esse dicturos. mihi ipsi accidit ut cum duobus patriciis, altero improbissimo atque audacissimo, altero modestissimo atque optimo viro, peterem; superavi tamen dignitate Catilinam, gratia Galbam. si id crimen homini novo esse deberet, profecto mihi neque inimici neque invidi defuissent. [¶17] 18. Let us, therefore, give up saying anything about birth, the dignity of which is great in both the candidates; let us look at the other points. He stood for the quaestorship at the same time with me, and I was appointed first. We need not answer every point; for it cannot escape the observation of any one of you, when many men are appointed equal in dignity, but only one can obtain the first place, that the order of the dignity and of the declaration of it are not the same, because the declaration has degrees, but the dignity of all is usually the same. But the quaestorship of each was, given them by almost an equal decision of the lots: the one had by the Titian law a quiet and orderly province; you had that, one of Ostia, at the name of which, when the quaestors distribute the provinces by lot, a shout, is raised,—a province not so much pleasant and illustrious as troublesome and vexatious. The name of each was together in the quaestorship. For the drawing of the lots gave you no field on which your virtue could display itself and make itself known. > Latin: 18. igitur de genere dicere cuius est magna in utroque dignitas; videamus cetera. “una petiit et sum ego factus prior.” est respondendum ad omnia. enim vestrum quemquam fugit, cum multi pares dignitate fiant, unus autem primum solus possit obtinere, non eundem esse ordinem dignitatis et renuntiationis, propterea quod renuntiatio gradus habeat, dignitas autem sit persaepe eadem omnium. quaestura utriusque prope modum pari momento sortis fuit. hic lege Titia provinciam tacitam et quietam, tu illam cui, cum quaestores sortiuntur, etiam adclamari solet, Ostiensem, non tam gratiosam et inlustrem quam negotiosam et molestam. utriusque nomen in quaestura. enim vobis sors campum dedit in quo excurrere virtus cognoscique posset. [¶18] 19. The remaining space of time is dedicated to the contest. It was employed by each in a very dissimilar fashion. Servius adopted the civil service, full of anxiety and annoyance, of answering, writing, cautioning; he learned the civil law; he worked early and late, he toiled, he was visible to every one, he endured the folly of crowds, he tolerated their arrogance, he bore all sorts of difficulties, he lived at the will of others, not at his own. It is a great credit a thing pleasing to men, for one man to labour hard in that science which will profit many. > Latin: 19. temporis spatium in contentionem vocatur. utroque dissimillima ratione tractatum est. Servius hic nobiscum hanc urbanam militiam respondendi, scribendi, cavendi plenam sollicitudinis ac stomachi secutus est; ius civile didicit, multum vigilavit, laboravit, praesto multis fuit, multorum stultitiam perpessus est, adrogantiam pertulit, difficultatem exsorbuit; vixit ad aliorum arbitrium, non ad suum. Magna laus et grata hominibus unum hominem elaborare in ea scientia quae sit multis profutura. [¶19] 20. What has Murena been doing in the meantime? He was lieutenant to Lucius Lucullus, a very brave and wise man, and a consummate general; and in this post he commanded an army, he fought a battle, he engaged the enemy, he routed numerous forces of the enemy, he took several cities, some by storm, some by blockade. He traversed that populous and luxurious Asia you speak of; in such a manner as to leave in it no trace either of his avarice or of his luxury; in a most important war he so behaved himself that he performed many glorious exploits without the commander-in-chief; but the commander-in-chief did nothing without him. And all these things, although I am speaking in the presence of Lucius Lucullus, yet that we may not appear to have a licence of invention granted us by him on account of the danger we are in, we are borne witness to in the public despatches; in which Lucius Lucullus gives him such praise as no ambitious nor envious commander-in-chief could have given another while dividing with him the credit of his exploits. > Latin: 20. Murena interea? et sapientissimo viro, summo imperatori legatus, L.Lucio Lucullo, fuit; qua in legatione duxit exercitum, signa contulit, manum conseruit, magnas copias hostium fudit, urbis partim vi, partim obsidione cepit, Asiam istam refertam et eandem delicatam sic obiit ut in ea neque avaritiae neque luxuriae vestigium reliquerit, maximo in bello sic est versatus ut hic multas res et magnas sine imperatore gesserit, nullam sine hoc imperator. haec quamquam praesente L.Lucio Lucullo loquor, tamen ne ab ipso propter periculum nostrum concessam videamur habere licentiam fingendi, publicis litteris testata sunt omnia, quibus L.Lucius Lucullus tantum laudis impertiit quantum neque ambitiosus imperator neque invidus tribuere alteri in communicanda gloria debuit. [¶20] 21. There is in each of the rivals the greatest honesty, the greatest worth; which I, if Servius will allow me, will place in equal and in the same panegyric. But he will not let me; he discusses the military question; he attacks the whole of his services as lieutenant; he thinks the consulship is an office requiring diligence and all this daily labour. “Have you been,” says he, “so many years with the army? you can never have been near the forum. Have you been away so long? and then, when after a long interval you arrive, will you contend in dignity with those who have made their abode in the forum?” First of all, as to that assiduity of ours, O Servius, you know not what disgust, what satiety, it sometimes causes men; it was, indeed, exceedingly advantageous for me myself that my influence was in the sight of all men; but I overcame the weariness of me by my own great labour; and you, perhaps, have done the same thing, but yet a regret at our absence would have been no injury to either of us. > Latin: 21. in utroque est honestas, summa dignitas; quam ego, si mihi per Servium liceat, pari atque eadem in laude ponam. non licet; agitat rem militarem, insectatur totam hanc legationem, adsiduitatis et operarum harum cotidianarum putat esse consulatum. “exercitum mihi fueris” inquit; “tot annos forum non attigeris; afueris tam diu et, cum longo intervallo veneris, cum his qui in foro habitarint de dignitate contendas?” ista nostra adsiduitas, Servi, nescis quantum interdum adferat hominibus fastidi, quantum satietatis. quidem vehementer expediit positam in oculis esse gratiam; sed tamen ego mei satietatem magno meo labore superavi et tu item fortasse; verum tamen utrique nostrum desiderium nihil obfuisset. [¶21] 22. But to say no more of this, and to return to the contest of studies and pursuits; how can it be doubted that the glory of military exploits contributes more dignity to aid in the acquisition of the consulship, than renown for skill in civil law? Do you wake before the night is over in order to give answers to those who consult you? He has done so in order to arrive betimes with his army at the place to which he is marching. The cook-crow wakens you, but the sound of the trumpet rouses him: you conduct an action; he is marshaling an army: you take care lest your clients should be convicted; he lest his cities or camp be taken. He occupies posts, and exercises skill to repel the troops of the enemy, you to keep out the rain; he is practised in extending the boundaries of the empire, you in governing the present territories; and in short, for I must say what I think, preeminence in military skill excels all other virtues. It is this which has procured its name for the Roman people; it is this which has procured eternal glory for this city; it is this which has compelled the whole world to submit to our dominion; all domestic affairs, all these illustrious pursuits of ours, and our forensic renown, and our industry, are safe under the guardianship and protection of military valour. As soon as the first suspicion of disturbance is heard of, in a moment our arts have not a word to say for themselves. > Latin: 22. ut hoc omisso ad studiorum atque artium contentionem revertamur, qui potest dubitari quin ad consulatum adipiscendum multo plus adferat dignitatis rei militaris quam iuris civilis gloria? tu de nocte ut tuis consultoribus respondeas, ille ut eo quo intendit mature cum exercitu perveniat; te gallorum, illum bucinarum cantus exsuscitat; tu actionem instituis, ille aciem instruit; tu caves ne tui consultores, ille ne urbes aut castra capiantur; ille tenet et scit ut hostium copiae, tu ut aquae pluviae arceantur; ille exercitatus est in propagandis finibus, tuque in regendis. nimirum — dicendum est enim quod sentio — rei militaris virtus praestat ceteris omnibus. nomen populo Romano, haec huic urbi aeternam gloriam peperit, haec orbem terrarum parere huic imperio coegit; omnes urbanae res, omnia haec nostra praeclara studia et haec forensis laus et industria latet in tutela ac praesidio bellicae virtutis. atque increpuit suspicio tumultus, artes ilico nostrae conticiscunt. [¶22] 23. And since you seem to me to embrace that knowledge of the law which you have, as if it were a darling daughter, I will not permit you to lie, under such a mistake as to think that whatever it may be, which you have so thoroughly learnt anything very preeminent. For your other virtues of continence, of gravity, of justice, of good faith, and all other good qualities, I have always considered you very worthy of the consulship and of all honour; but as for your having learnt civil law, I will not say you have wasted your pains, but I will say that there is no way made to lead to the consulship by that profession; for all arts which can conciliate for us the good-will of the Roman people ought to possess both an admirable dignity, and a very delightful utility. > Latin: 23. quoniam mihi videris istam scientiam iuris tamquam filiolam osculari tuam, non patiar te in tanto errore versari ut istud nescio quid quod tanto opere didicisti praeclarum aliquid esse arbitrere. Aliis ego te virtutibus, continentiae, gravitatis, iustitiae, fidei, ceteris omnibus, consulatu et omni honore semper dignissimum iudicavi; quod quidem ius civile didicisti, non dicam operam perdidisti, sed illud dicam, nullam esse in ista disciplina munitam ad consulatum viam. enim artes, quae nobis populi Romani studia concilient, et admirabilem dignitatem et pergratam utilitatem debent habere. [¶23] 24. The highest dignity is in those men who excel in military glory. For all things which are in the empire and in the constitution of the state, are supposed to be defended and strengthened by them. There is also the greatest usefulness in them, since it is by their wisdom and their danger that we can enjoy both the republic and also our own private possessions. The power of eloquence also is no doubt valuable and full of dignity, and it has often been of influence in the election of a consul to be able by wisdom and oratory to sway the minds of the senate and the people, and those who decide on affair. A consul is required who may be able sometimes to repress the madness of the tribunes, who may be able to bend the excited populace, who may resist corruption. It is not strange, if, on account of this faculty, even men who were not nobly born have often obtained the consulship; especially when this same quality procures a man great gratitude, and the firmest friendship, and the greatest zeal in his behalf; but! of all this there is nothing, O Sulpicius, in your profession. > Latin: 24. dignitas est in eis qui militari laude antecellunt; omnia enim quae sunt in imperio et in statu civitatis ab his defendi et firmari putantur; summa etiam utilitas, si quidem eorum consilio et periculo cum re publica tum etiam nostris rebus perfrui possumus. etiam illa est et plena dignitatis dicendi facultas quae saepe valuit in consule deligendo, posse consilio atque oratione et senatus et populi et eorum qui res iudicant mentis permovere. consul qui dicendo non numquam comprimat tribunicios furores, qui concitatum populum flectat, qui largitioni resistat. mirum, si ob hanc facultatem homines saepe etiam non nobiles consulatum consecuti sunt, praesertim cum haec eadem res plurimas gratias, firmissimas amicitias, maxima studia pariat. in isto vestro artificio, Sulpici, nihil est. [¶24] 25. First of all, what dignity can there be in so limited a science? For they are but small matters, conversant chiefly about single letters and punctuation between words. Secondly, if in the time of our ancestors there was any inclination to marvel at that study of yours, now that all your mysteries are revealed, it is wholly despised and disregarded. At one time few men knew whether a thing might be lawfully done or not; for men ordinarily had no records; those were possessed of great power who were consulted, so that even days for consultation were begged of them beforehand, as from the Chaldean astrologers. A certain notary was found, by name Cnaeus Flavius, who could deceive the most wary, and who set the people records to be learnt by heart each day, and who pilfered their own learning from the profoundest lawyers. So they, being angry because they were afraid, lest, when their daily course of action was divulged and understood, people would be able to proceed by law without their assistance, adopted a sort of cipher, in order to make their presence necessary in every cause. > Latin: 25. dignitas in tam tenui scientia non potest esse; res enim sunt parvae, prope in singulis litteris atque interpunctionibus verborum occupatae., etiam si quid apud maiores nostros fuit in isto studio admirationis, id enuntiatis vestris mysteriis totum est contemptum et abiectum. agi lege necne pauci quondam sciebant; fastos enim volgo non habebant. in magna potentia qui consulebantur; a quibus etiam dies tamquam a Chaldaeis petebatur. est scriba quidam, Cn.Gnaeus Flavius, qui cornicum oculos confixerit et singulis diebus ediscendis fastos populo proposuerit et ab ipsis ⟨his⟩ cautis iuris consultis eorum sapientiam compilarit. irati illi, quod sunt veriti ne dierum ratione pervolgata et cognita sine sua opera lege ⟨agi⟩ posset, verba quaedam composuerunt ut omnibus in rebus ipsi interessent. [¶25] 26. When this might have been well transacted thus—“The Sabine farm is mine.” “No; it is mine:”—then a trial; they would not have it so. “The farm,” says he, “which is in the territory which is called Sabine:”—verbose enough—well, what next? “That farm, I say, is mine according to the rights of Roman citizens.” What then?—“and therefore I summon you according to law, seizing you by the hand.” The man of whom the field was demanded did not know how to answer one who was so talkatively litigious. The same lawyer goes across, like a Latin flute-player,—says he, “In the place from whence you summoned me having seized me by the hand, from thence I recall you there.” In the meantime, as to the praetor, lest he should think himself a fine fellow and a fortunate one, and himself say something of his own accord, a form of words is composed for him also, absurd in other points, and especially in this: “Each of them being alive and being present I say that that is the way.” “Enter on the way.” That wise man was at hand who was to show them the way. “Return on your path.” They returned with the same guide. These things, I may well suppose, appeared ridiculous to full-grown men; that men when they have stood rightly and in their proper place should be ordered to depart, in order that they might immediately return again to the place they had left. Everything was tainted with the same childish folly. “When I behold you in the power of the law.” And this—“But do you say this who claim the right?” And while all this was made a mystery of, they who had the key to the mystery were necessarily sought after by men; but as soon as these things were revealed, and were bandied about and sifted in men's hands, they were found to be thoroughly destitute of wisdom, but very full of fraud and folly. > Latin: 26. hoc fieri bellissime posset: “Sabinus meus est.” “meus,” deinde iudicium, noluerunt. fvndvs inquit qui est in agro qui sabinus vocatur. verbose; cedo quid postea? eum ego ex iure Quiritium meum esse aio. tum? inde ibi ego te ex iure manum consertum voco. huic tam loquaciter litigioso responderet ille unde petebatur non habebat. idem iuris consultus tibicinis Latini modo. vnde tu me inquit ex iure manum consertum vocasti, inde ibi ego te revoco. interea ne pulchrum se ac beatum putaret atque aliquid ipse sua sponte loqueretur, ei quoque carmen compositum est cum ceteris rebus absurdum tum vero in illo: suis utrisque superstitibus praesentibus istam viam dico; ite viam. aderat sapiens ille qui inire viam doceret. viam. duce redibant. iam tum apud illos barbatos ridicula, credo, videbantur, homines, cum recte atque in loco constitissent, iuberi abire ut, unde abissent, eodem statim redirent. ineptiis fucata sunt illa omnia: quando te in iure conspicio et haec: tu dicas qua ex causa vindicaveris? dum erant occulta, necessario ab eis qui ea tenebant petebantur; postea vero pervolgata atque in manibus iactata et excussa, inanissima prudentiae reperta sunt, fraudis autem et stultitiae plenissima. [¶26] 27. For though many things have been excellently settled by the laws, yet most of them have been depraved and corrupted by the genius of the lawyers. Our ancestors determined that all women, on account of the inferiority of their understanding, should be under the protection of trustees. These men have found out classes of trustees, whose power is subordinate to that of the women. The one party did not wish the domestic sacrifices to be abolished in families; by the ingenuity of the others old men were found to marry by the form called coemptio, for the sake of' getting rid of these sacred ceremonies. Lastly, in every part of the civil law they neglected equity itself, but adhered to the letter of the law; as for instance, because in somebody's books they found the name of Caia, they thought that all the women who had married by coemptio were called Caias. And that often appears marvellous to me, that so many men of such ability should now for so many years have been unable to decide whether the proper expressions to use be the day after tomorrow or the third day, a judge or an arbiter, a cause or a proceeding. > Latin: 27. , cum permulta praeclare legibus essent constituta, ea iure consultorum ingeniis pleraque corrupta ac depravata sunt. omnis propter infirmitatem consili maiores in tutorum potestate esse voluerunt; hi invenerunt genera tutorum quae potestate mulierum continerentur. interire illi noluerunt; horum ingenio senes ad coemptiones faciendas interimendorum sacrorum causa reperti sunt. omni denique iure civili aequitatem reliquerunt, verba ipsa tenuerunt, ut, quia in alicuius libris exempli causa id nomen invenerant, putarunt omnis mulieres quae coemptionem facerent “Gaias” vocari. illud mihi quidem mirum videri solet, tot homines, tam ingeniosos, post tot annos etiam nunc statuere non potuisse utrum “diem tertium” an “perendinum,” “iudicem” an “arbitrum,” “rem” an “litem” dici oporteret. [¶27] 28. Therefore, as I said before, the dignity of a consul has never been consistent with that science; being one consisting wholly of fictitious and imaginary formulas. And its right to public gratitude was even much smaller. For that which is open to every one, and which is equally accessible to me and to my adversary, cannot be considered as entitled to any gratitude. And therefore you have now, not only lost the hope of conferring a favour, but even the compliment that used to be paid to you by men asking your permission to consult you. No one can be considered wise on account of his proficiency in that knowledge which is neither of any use at all out of Rome, nor at Rome either during the vacations. Nor has any one any right to be considered skillful in law, because there cannot be any difference between men in a branch of knowledge with which they are all acquainted. And a matter is not thought the more difficult for being contained in a very small number of very intelligible documents. Therefore, if you excite my anger, though I am excessively busy, in three days I will profess myself a lawyer. In truth, all that need be said about the written law is contained in written books; nor is there anything written with such precise accuracy, that I cannot add to the formula, “which is the matter at present in dispute.” If you answer what you ought, you will seem to have made the same answer as Servius; if you make any other reply, you will seem to be acquainted with and to know how to handle disputed points. > Latin: 28. , ut dixi, dignitas in ista scientia consularis numquam fuit, quae tota ex rebus fictis commenticiisque constaret, gratiae vero multo etiam minus. enim omnibus patet et aeque promptum est mihi et adversario meo, id esse gratum nullo pacto potest. non modo benefici conlocandi spem sed etiam illud quod aliquamdiu fuit consulere? iam perdidistis. existimari nemo potest in ea prudentia quae neque extra Romam usquam neque Romae rebus prolatis quicquam valet. ideo haberi nemo potest quod in eo quod sciunt omnes nullo modo possunt inter se discrepare. autem res ideo non putatur quod et perpaucis et minime obscuris litteris continetur. si mihi, homini vehementer occupato, stomachum moveritis, triduo me iuris consultum esse profitebor. quae de scripto aguntur, scripta sunt omnia, neque tamen quicquam tam anguste scriptum est quo ego non possim qua de re agitur addere; quae consuluntur autem, minimo periculo respondentur. id quod oportet responderis, idem videare respondisse quod Servius; sin aliter, etiam controversum ius nosse et tractare videare. [¶28] 29. Wherefore, not only is the military glory which you slight to be preferred to your formulas and legal pleas; but even the habit of speaking is far superior, as regards the attainment of honours, to the profession to the practice of which you devote yourself. And therefore many men appear to me to have preferred this at first; but afterwards, being unable to attain eminence in this profession, they have descended to the other. Just as men say, when talking of Greek practitioners, that those men are flute-players who cannot become harp-players, so we see some men, who have not been able to make orators, turn to the study of the law. There is great labour in the practice of oratory. It is an important business, one of great dignity, and of most exceeding influence. In truth, from you lawyers men seek some degree or advantage; but from those who are orators they seek actual safety. In the next place, your replies and your decisions are constantly overturned by eloquence, and cannot be made firm except by the advocacy of the orator; in which if I had made any great proficiency myself; I should be more sparing while speaking in its praise; but at present I am saying nothing about myself; but only about those men who either are or have been great in oratory. > Latin: 29. non solum illa gloria militaris vestris formulis atque actionibus anteponenda est verum etiam dicendi consuetudo longe et multum isti vestrae exercitationi ad honorem antecellit. mihi videntur plerique initio multo hoc maluisse, post, cum id adsequi non potuissent, istuc potissimum sunt delapsi. Vt aiunt in Graecis artificibus eos auloedos esse qui citharoedi fieri non potuerint, sic nos videmus, qui oratores evadere non potuerint, eos ad iuris studium devenire. Magnus dicendi labor, magna res, magna dignitas, summa autem gratia. a vobis salubritas quaedam, ab eis qui dicunt salus ipsa petitur. vestra responsa atque decreta et evertuntur saepe dicendo et sine defensione orationis firma esse non possunt. qua si satis profecissem, parcius de eius laude dicerem; nunc nihil de me dico, sed de eis qui in dicendo magni sunt aut fuerunt. [¶29] 30. There are two occupations which can place men in the highest rank of dignity; one, that of a general the other, that of an accomplished orator. For by the latter the ornaments of peace are preserved, by the former the dangers of war are repelled. But the other virtues are of great importance from their own intrinsic excellence, such as justice, good faith, modesty, temperance; and in these, O Servius, all men know that you are very eminent. But at present I am speaking of those pursuits calculated to aid men in the attainment of honours, and not about the intrinsic excellency of each pursuit. For all those occupations are dashed out of our hands at once, the moment the slightest new commotion begins to have a warlike sound. In truth, as an ingenious poet and a very admirable author says, the moment there is a mention of battle, “away is driven” not only your grandiloquent pretences to prudence, but even that mistress of all things, “wisdom. Everything is done by violence. The orator,” not only he who is troublesome in speaking, and garrulous, but even “the good orator is despised; the horrid soldier is loved.” But as for your profession, that is trampled under foot; “men seek their rights not by law, but hand to hand by the sword,” says he. And if that be the case, then I think, O Sulpicius, the forum must yield to the camp; peace must yield to war, the pen to the sword, and the shade to the sun. That in fact must be the first thing in the city, by means of which the city itself is the first of all cities. > Latin: 30. sint artes ⟨igitur⟩ quae possint locare homines in amplissimo gradu dignitatis, una imperatoris, altera oratoris boni. hoc enim pacis ornamenta retinentur, ab illo belli pericula repelluntur. tamen virtutes ipsae per se multum valent, iustitia, fides, pudor, temperantia; quibus te, Servi, excellere omnes intellegunt. nunc de studiis ad honorem appositis, non de insita cuiusque virtute disputo. ista nobis studia de manibus excutiuntur, simul atque aliqui motus novus bellicum canere coepit., ut ait ingeniosus poeta et auctor valde bonus, “proeliis promulgatis pellitur e medio” non solum ista vestra verbosa simulatio prudentiae sed etiam ipsa illa domina rerum, “sapientia; vi geritur res, spernitur orator” non solum odiosus in dicendo ac loquax verum etiam “bonus; horridus miles amatur,” vestrum vero studium totum iacet. “ex iure manum consertum, sed mage ferro” inquit “rem repetunt.” si ita est, cedat, opinor, Sulpici, forum castris, otium militiae, stilus gladio, umbra soli; sit denique in civitate ea prima res propter quam ipsa est civitas omnium princeps.