myself, because though but the son of a Roman knight, you have yet by your industry and virtue, opened your way to the highest honours of your country. Nor did I ever think the merit of the brave Quintus Pompeius, though but a new man, inferior to that of the noble Marcus Emilius. For it argues no less magnanimity and spirit in Pompeius, to transmit to his descendants a lustre which he received not; than it does in Scaurus, to have renewed by his virtue, the almost extinct glory of his race.

SECT. VIII. I had indeed flattered myself, my lords, that in consequence of my toils, obscurity of birth would no longer be an objection to many brave men; who were not only on the same footing with the Curius's, the Cato's, the Pompeius's, all old Romans, of distinguished courage, and plebeian rank; but with those too of later date, the Marius's, the Didius's, and the Cælius's. For when, after such a distance of time, I had broken through that barricade of nobility, and, as in the days of our ancestors, laid the consulship open to the virtuous, as well as to the noble; and when a consul elect, of an ancient and illustrious descent, was defended by a consul, the son of a Roman knight; I never imagined that the accusers would venture to say a word about the novelty of a family. For I myself had two patrician competitors, the one a profligate and audacious, the other an excellent and modest man: yet I outdid Catiline in dignity, and Galba in interest. And had success been a crime in a new man, I wanted not enemies and enviers to object it to

Let us leave then this subject of their birth in which both are eminent, and let us proceed to the other points. He stood with me, says Sulpicius, for the quæstorship; and I was first declared. There is no need of answering to every particular. All of you know, that when many of equal dignity are elected into the same office, and only one can obtain the honour of the first nomination, the degree of dignity can be no rule for that of the declaration. For the order of nomination is successive, whereas the parties oftentimes are of equal rank. But the

nemo vel magistratum gefserat, vel fuerat senator; eos demum noves bomines dicebant. Tales fuere quicumque a Cicerone bic recensentur, quorum majores ex plebe, aut ex ordine equestri. Scribit Asconius in comment. ad orat, contra competitor. Sex competiteres in consulatûs petitione Cicero habuit, duos patricios, P. Sulpicium Galbam, L., Sergium Catilinam ; quatuor plebeios, ex quibus duos nobiles, C. Antonium, et L.. Cassium Longinum: [dicuntur nobiles, quia ex illorum majoribus nonnulli consules fuerant.] duos, qui tantum non 暴 primi ex familiis suis magistratum adepti erant, Q. Cornificium, et C. Licinium sacerdotem; (bi neque nobiles erant, nullo gesto a majoribus consulatu, neque novi bomines, quorum patres aut avi aliquem magistratum ceperant.) solus Cicero ex competitoribus equestri erat loco natus; adeoque consulatum adeptus, non tamen ante consulatum novus home.

propemodum pari momento sortis fuit; habuit hic (12) lege Titia provinciam tacitam et quietam tu illam, cui, cum quæstores sortiuntur, etiam acclamari solet, Ostiensem, non tam gratiosam et illustrem, quàm negotiosam et molestam ; consedit utriusque nomen in quæsturà; nullum enim vobis sors campum dedit, in quo excurrere virtus, cognoscique posset.

IX. Reliqui temporis spatium, quod in contentionem vocatur, ab utroque dissimillimâ ratione tractatum est. Servius hic nobiscum hanc urbanam militiam respondendi, scribendi, cavendi, plenam solicitudinis ac stomachi, secutus est: jus civile didicit : multum vigilavit: laboravit : præsto multis fuit: multorum stultitiam perpessus est; arrogantiam pertulit: difficultatem exsorbuit: vixit ad aliorum arbitrium, non ad suum. Magna laus, et grata hominibus, unum hominem elaborare in ea scientiâ, quæ sit multis profutura. Quid Muræna interea? fortissimo et sapientissimo viro, summo imperatori legatus L. Lucullo fuit: quâ in legatione duxit exercitum, signa contulit, manum conseruit, magnas copias hostium fudit, urbes partim vi, partim obsidione cepit: Asiam istam refertam, et eandem delicatam sic obiit, ut in eâ neque avaritiæ, neque luxuriæ vestigium reliquerit maximo in bello sic est versatus, ut hic multas res ét magnas sine imperatore gesserit, nullam sine hoc imperator. Atque hæc, quanquam præsente L. Lucullo loquar, tamen ne ab ipso propter periculum nostrum concessam videamur habere licentiam fingendi, publicis literis testata sunt omnia: quibus L. Lucullus tantum laudis impertit, quantum neque ambitiosus imperator, neque invidus, tribuere alteri in communicandâ gloria debuit. Summa in utroque est honestas, summa dignitas: quam ego, si mihi per Servium liceat, pari atque eadem in laude ponam sed non licet; agitat rem militarem: insectatur totam hanc legationem: assiduitatis, et operarum harum quotidianarum putat esse consulatum. Apud exercitum mihi fueris, inquit, tot annos? forum non attigeris ? abfueris tamdiu ? et, cùm longo intervallo veneris, cum iis, qui in foro habitârunt, de dignitate contendas? Primum ista nostra assiduitas, Servi, nescis quantum interdum afferat hominibus fastidii, quantum satietatis : mihi quidem vehementer expediit, positam in oculis esse gra

(12) Lege Titiâ provinciam tacitam.] Pighius, in his annals of the Roman commonwealth, upon the year four hundred and eighty-eight, gives it as his opinion, that C. Titius, a tribune of the people, passed that year a law for doubling the number of quæftors, and affigned them their provinces by lot. This he tells us, is the very law which Cicero, in his oration for Murena, diflinguishes by the name of the Titian law. Tho' this can be called no more than conjecture, yet it mat be allowed far the most probable of any that has hitherto been offered for the clearing of this paffage. The province has here the epithet of tacita given it, because being one of the four Italic provinces, it was remote from the tumults of war, and gave no opportunities for the exertion of military talents.

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quæstorship allotted to each was almost of equal importance. Murena had a province easy and quieted by the Titian law. Ostia fell to your share, which, in the allotment of provinces, is generally hollowed by the people, as being attended with more business and fatigue, than power and honour. Neither of you gained any reputation in this office; because fortune had given you no field, wherein to display and make known your virtues.

SECT. IX. Your conduct since comes now to be examined, which differs according to your different course of life. Servius embarked with me in the city warfare of giving opinions, pleading causes, and drawing contracts; a business full of perplexity and vexation. He applied to the civil law, watched much, laboured without intermission, was always ready with his advice, bore the impertinence of many, winked at their arrogance, solved all their doubts; and lived to please others, not himself. Great is the praise, and greatly acceptable to mankind, when one man labours in a science, by which multitudes are to profit. But how was Murena employed in the mean while? He served as a lieutenant-general to that great commander, the wise and accomplished L. Lucullus; in which capacity he headed an army, drew up his men, joined battle, defeated the numerous troops of the enemy, and, partly by siege, partly by assault, took a great many of their towns. He traversed the rich and voluptuous country of Asia, so as to leave no traces behind him, either of avarice or luxury; and behaved in that great war in such a manner as to perform many and important services without his general, while his general did nothing considerable with-. out him. But though I speak this in presence of Lucullus, yet fest it should be imagined, that, in consideration of our present danger, he gives me leave to exaggerate matters as I please; I appeal to the public letters sent to the senate, in which Lucullus ascribes more praise to Murena, than any general, biassed either by envy or ambition, would allow to another in a communication of fame. Both competitors are men of distinguished probity and rank; and would Servius give me leave, I would place the merits of both upon a level in point of praise: but he will not. He depreciates the military art; he inveighs against Murena's lieutenancy; and considers the consulship as due only to the assiduities of the bar, and the tedious exercise of our daily pleadings. Have you lived, says he, so many years in a camp, without so much as seeing the forum? Have you been absent so long? and now that you are at length returned, do you pretend to enter into a competition of dignity with men, to whom the forum has been a place of habitation? But let me tell you, Servius, you seem not here to consider, how much satiety and disgust this constant appearance of ours sometimes creates among men. It proved indeed of unspeakable advantage to

tiam sed tamen ego mei satietatem magno meo labore superavi; et tu idem fortasse : verumtamen utrique nostrûm desiderium nihil obfuisset. Sed ut, hoc omisso, ad studiorum atque artium contentionem revertamur : qui potest dubitari quin ad consulatum adipiscendum multo plus afferat dignitatis, rei militaris, quam juris civilis gloria? Vigilas tu de nocte, ut tuis consultoribus respondeas; ille, ut, quo intendit, mature cum exercitu perveniat te gallorum, illum buccinarum 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 copiæ; tu ut aquæ pluviæ arceantur : ille exercitatus est in propagandis finibus; tu in regendis. Ac nimirum (dicendum est enim quod sentio) rei militaris virtus præstat cæteris omnibus.

X. Hæc nomen populo Romano, hæc huic urbi æternam gloriam peperit: hæc orbem terrarum parere huic imperio coegit; omnes urbanæ res, omnia hæc nostra præclara studia, et hæc forensis laus, et industria, latent in tutela ac præsidio bellicæ virtutis; simulatque increpuit suspicio tumultus, artes illico nostræ conticescunt. Et, quoniam mihi videris istam scientiam juris tanquam filiolam osculari tuam, non patiar te in tanto errore versari, ut istud nescio quid, quod tantopere didicisti, præclarum aliquid esse arbitrere. Aliis ego te virtutibus, continentiæ, gravitatis, justitiæ, fidei, cæteris omnibus, consulatu et omni honore semper dignissimum judicavi; quòd quidem jus civile didicisti; non dicam, operam perdidisti: sed illud dicam, nullam esse in illà disciplinâ munitam ad consulatum viam ; omnes enim artes, quæ nobis populi Romani studia conciliant, et admirabilem dignitatem, et pergratam utilitatem debent habere.

XI. Summa dignitas est in iis, qui militari laude antecellunt; omnia enim, quæ sunt in imperio et in statu civitatis, ab iis defendi et firmari putantur; summa etiam utilitas : siquidem eorum consilio, et periculo, cùm republicâ, tum etiam nostris rebus

ine that my services were constantly in the eye of the public: jet was it not without great application, that I conquered the disgust arising from my daily appearance. You perhaps have done the same: yet still I am apt to think, that a little absence would have been no disservice to either of us. But, dropping this, let us return to the comparison of their talents and professions. Can it be a doubt with any one, whether the science of arms gives not more dignity to a candidate for the consulship, than skill in the civil law? You watch all night long, to have an answer ready for those that come to consult you; and he, that may arrive betimes at the appointed place with his army. You are awaked by the crowing of the cock; he by the sound of trumpets. You draw up a process; he marshals an army. You provide against the dangers of your clients; he against those that threaten his towns or camp. He knows how to oppose and baffle the attempts of his enemies; you can guard against the inconveniences of storms and rains. He is employed in enlarging the bounds of the state; you in regulating the civil administration. In short, to speak my sentiments freely, the glory of military accomplishments takes place of every other claim to merit.

SECT. X. This was what first gave a name to the Roman people, brought immortal renown to their city, and subdued the world to their empire. All our domestic possessions, all these noble studies of ours, all our reputation and assiduity at the bar, derive their protection and security from marshal virtue alone. The least whisper of any public tumult, puts all those arts of ours immediately to silence. And because you seem to caress this science of the civil law as a fond parent does a darling child, I will not suffer you to continue any longer in so great a mistake, as to imagine, that this, I can't tell what study, which you have mastered with so much toil, is entitled to any eminent share of praise. It was from virtues of another stamp, those of moderation, prudence, justice, integrity, and every other desirable quality, that I always judged you most worthy of the consulship, and every distinction of honour. As to your ability in the civil law, I will not say it is lost labour; but this I will say, that it offers no certain prospect of the consulship: for all the arts that serve to conciliate the affections of the Roman people, ought to be eminent for their dignity, and recommending by their utility.

SECT. XI. The men who excel in military accomplishments, are possessed of the highest dignity. For all that is great in the empire and commonwealth, confessedly owes its establishment and continuance to them. Nor are they less eminent