Marriage

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.

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.

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.

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.

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 Latin strictly is, “pierce the eyes of ravens.” It was a proverbial expression. 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.

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.

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, Coemptio was “a ceremony of marriage consisting in a mock sale, whereby the bride and bridegroom sold themselves to each other.” Riddle in voce. “Coemptio was effected by mancipatio, and consequently the wife was in mancipio.”—Smith, Dict. Ant. p. 603, § v., v. Marriage, (Roman.) 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.

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.

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.

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.

But Cato is busy proving that we are making too much of all these things in our speech; and that we have forgotten that that Mithridatic war was carried on against nothing better than women. However, my opinion is very different, O judges; and I will say a little on that subject; for my cause does not depend on that. For if all the wars which we have carried on against the Greeks are to be despised, then let the triumph of Marcus Curius over king Pyrrhus be derided; and that of Titus Flamininus over Philip; and that of Marcus Fulvius over the Aetolians; and that of Lucius Paullus over king Perses; and that of Quintus Metellus over the false Philip; and that of Lucius Mummius over the Corinthians. But, if all these wars were of the greatest importance, and if our victories in them were most acceptable, then why are the Asiatic nations and that Asiatic enemy despised by you? But, from our records of ancient deeds; I see that the Roman people carried on a most important war with Antiochus; the conqueror in which war, Lucius Scipio, who had already gained great glory when acting in conjunction with his brother Publius, assumed the same honour himself by taking a surname from Asia, as his brother did, who, having subdued Africa, paraded his conquest by the assumption of the name of Africanus.

And in that war the renown of your ancestor Marcus Cato was very conspicuous; but he, if he was, as I make no doubt that he was, a man of the same character as I see that you are, would never have gone to that war, if he had thought that it was only going to be a war against women. Nor would the senate have prevailed on Publius Africanus to go as lieutenant to his brother, when he himself; a little while before, having forced Hannibal out of Italy, having driven him out of Africa, and having crushed the power of Carthage, had delivered the republic from the greatest dangers, if that war had not been considered an important and formidable war. But if you diligently consider what the power of Mithridates was, and what his exploits were, and what sort or a man he was himself; you will in truth prefer this king to all the kings with whom the Roman people has ever waged war;—a man whom Lucius Sulla,—not a very inexperienced general, to say the least of it—at the head of a numerous and powerful army, after a severe battle, allowed to depart having made peace with him, though he had overrun all Asia with war: whom Lucius Murena, my client's father, after having warred against him with the greatest vigour and vigilance, left greatly checked indeed, but not overwhelmed: a king, who, having taken several years to perfect his system and to strengthen his warlike resources, became so powerful and enterprising that he thought himself able to unite the Atlantic to the Black Sea, and to combine the forces of Sertorius with his own.

And when two consuls had been sent to that war, with the view of one pursuing Mithridates, and the other protecting Bithynia, the disasters which befell one of them by land and sea greatly increased the power and reputation of the king. But the exploits of Lucius Lucullus were such that it is impossible to mention any war which was more important, or in which greater abilities and valour were displayed. For when the violence of the entire war had broken against the walls of Cyzicus, and as Mithridates thought that he should find that city the door of Asia, and that if that were once broken down and forced, the whole province would be open to him, everything was so managed by Lucullus that the city of our most faithful allies was defended, and all the forces of the king were wasted away by the length of the siege, what more need I say? Do you think that that naval battle at Tenedos, when the enemy's fleet were hastening on with rapid course and under most eager admirals towards Italy, full of hope and courage, was a trifling engagement—an insignificant contest? I will say nothing of battles; I pass over the sieges of towns. Being at length expelled from his kingdom, still his wisdom and his influence were so great that combining his forces with those of the king of Armenia, he reappeared with new armies and new resources of every kind. And if it wore my business now to speak of the achievements of our army and of our general, I might mention many most important battles. But that is not the present question.

This I do say:—If this war, and this enemy,—if that king was a proper object for contempt the senate and Roman people would not have thought it one to be undertaken with such care, nor would they have carried it on for so many years, nor would the glory of Lucullus be as great as it is. Nor would the Roman people have entrusted the care of putting a finishing stroke to it to Cnaeus Pompeius; though of all his battles, numberless as they are, that appears to me to have been the most desperate and to have been maintained on both sides with the greatest vigour, which he fought against the king. And when Mithridates had escaped from that battle, and had fled to the Bosphorus, a place which no army could approach, still, even in the extremity of his fortunes, and as a fugitive, he retained the name of a king. Therefore, Pompeius himself; having taken possession of his kingdom, having driven the enemy away from all his coasts, and from all his usual places of resort still thought that so much depended on his single life, that though, by his victory, he had got possession of everything which he had possessed, or had approached, or even had hoped for, still he did not think the war entirely over till he drove him from life also. And do you, O Cato, think lightly of this man as an enemy, when so many generals warred against him for so many years, with so long a series of battles? when, though driven out and expelled from his kingdom, his life was still thought of such importance, that it was not till the news arrived of his death, that we thought the war over? We then say in defence of Lucius Murena, that as a lieutenant in this war he approved himself a man of the greatest courage, of singular military skill, and of the greatest perseverance; and that all his conduct at that time gave him no less a title to obtain the consulship than this forensic industry of ours gave us.

“But in the standing for the praetorship, Servius was elected first.” Are you going (as if you were arguing on some written bond) to contend with the people that whatever place of honour they have once given any one, that same rank they are bound to give him in all other honours? For what sea, what Euripus do you think exists, which is liable to such commotions,—to such great and various agitations of waves, as the storms and tides by which the comitia are influenced? The interval of one day,—the lapse of one night—often throws everything into confusion. The slightest breeze of rumour sometimes changes the entire opinions of people. Often, even, everything is done without any apparent cause, in a manner entirely at variance with the opinions that have been expressed, or that indeed, are really entertained; so that sometimes the people marvels that that has been done which has been done, as if it were not itself that has done it.

Nothing is more uncertain than the common people,—nothing more obscure than men's wishes,—nothing more treacherous than the whole nature of the comitia. Who expected that Lucius Philippus, a man of the greatest abilities, and industry, and popularity, and nobleness of birth, could be beaten by Marcus Herennius? who dreamt of Quintus Catulus, a man eminent for all the politer virtues, for wisdom and for integrity, being beaten by Cnaeus Mallius? or Marcus Scaurus, a man of the highest character, an illustrious citizen, a most intrepid senator, by Quintus Maximus? Not only none of all these things were expected to happen, but not even when they had happened could anyone possibly make out why they had happened. For as storms arise, often being heralded by some well-known token in the heavens, but often also quite unexpectedly from no imaginable reason, but from some unintelligible cause; so in the popular tempests of the comitia you may often understand by what signs a storm was first raised, but often, too, the cause is so obscure, that the tempest appears to have been raised by chance.

But yet if an account of them must be given, two qualities were particularly missed in the praetorship, the existence of which in Murena now was of the greatest use to him in standing for the consulship: one was the expectation of a largess, which had got abroad through some rumour, and owing to the zeal and conversation of some of his competitors; the other, that those men who had been witnesses of all his liberality and virtue in the province and in the discharge of his office as lieutenant, had not yet left Rome. Fortune reserved each of these advantages for him, to aid him in his application for the consulship. For the army of Lucius Lucullus, which had come hither for his triumph, was also present at the comitia in aid of Lucius Murena, and his praetorship afforded a most splendid proof of his liberality, of which there was no mention when he was standing for the praetorship.

Do these things appear to you trifling supports and aids towards obtaining the consulship? Is the good-will of the soldiery a trifle? who are both intrinsically powerful through their own numbers, and also by their influence among their connections, and who in declaring a consul have great weight among the entire Roman people. Are the votes of the army a trifle? No; for it is generals, and not interpreters of words, who are elected at the consular comitia. Most influential, then, is such a speech as this—“He refreshed me when I was wounded. He gave me a share of the plunder. He was the general when we took that camp—when we fought that battle. He never imposed harder work on the soldier than he underwent himself. He was as fortunate as he is brave.” What weight do you not suppose this must have to gaining a reputation and good-will among men? Indeed, if there is a sort of superstition in the comitia, that up to this time the omen to be drawn from the vote of the prerogative In the comitia centuriata the people voted in their centuries; the order in which the centuries voted was decided by lot, and that which gave it a vote first was called the centuria praerogativa. The question of a tribus praerogativa is a more disputed point; but on this see Smith, Dict. Ant. p. 997, v. Tribus, (Roman.) tribe has always proved true, what wonder is there that in such a meeting the reputation of good fortune and such discourse as this has had the greatest weight? But if you think these things trifling, though they are most important; and if you prefer the votes of these quiet citizens to those of the soldiers; at all events, you cannot think lightly of the beauty of the games exhibited by this man, and the magnificence of his theatrical spectacles; and these things were of great use to him in this last contest. For why need I tell you that the people and the great mass of ignorant men are exceedingly taken with games? It is not very strange. And that is a sufficient reason in this case; for the comitia are the comitia of the people and the multitude. If, then, the magnificence of games is a pleasure, to the people, it is no wonder that it was of great service to Lucius Murena with the people.

But if we ourselves, who, from our constant business, have but little time for amusement, and who are able to derive many pleasures of another sort from our business itself; are still pleased and interested by exhibitions of games, why should you marvel at the ignorant multitude being so?

Lucius Otho, This refers to the law of Lucius Roscius Otho, (called Roscia Lex by Horace,) by which the fourteen rows of seats next to those of the senators were reserved for the knights. a brave man, and an intimate friend of mine, restored not only its dignity, but also its pleasure to the equestrian order; and, therefore, this law which relates to the games is the most acceptable of all laws, because by it that most honourable order of men is restored not only to its honours, but also to the enjoyment of its amusements. Games, then, believe me, are a great delight to men, even to those who are ashamed to own it, and not to those only who confess it as I found to be the case in my contest for the consulship; for we also had a theatrical representation as our competitor. But if I who, as aedile, had exhibited those shows of games, was yet influenced by the games exhibited by Antonius, do you not suppose that that very silver stage exhibited by this man, which you laugh at was a serious rival to you, who, as it happened, had never given any games at all?