For L. Murena (21-25)

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.

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 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.