governor of a province. All this was reversed when he stood for the consulship. You do not appreciate the force of the army vote and the splendid games of Murena in gaining him the consulship. This is not all: look at the difference of your luck and his in the allotment of praetorial functions. He had all the openings for winning popularity, you of giving offence. Then he took a province, and earned the affections of many; you were doing your duty at Rome. Do not forget that a provincial governor can give his friends a lift now and then; yours were no doubt disappointed in you. But to be plain with you, it was all your own fault that you lost the consular election. You gave yourself up to preparations for this trial; and, as I told you, the consequence was that your friends held back then, in order to support you in court, the people would not waste votes on a man who gave up all for lost, and your own time was taken up with matters which interrupted your canvass. You are fitter to conduct a trial than to canvass for office. Again, your threats and denunciations in the Senate in the debate on the new bribery law, the extreme measures you advocated, and some of which you carried, all went against you with the people. Above all, you made us afraid that Catiline would be elected while you wasted your time on other things. Of course people voted for Murena, as the only way to save the state. Catiline was exultant, you were depressed : remember the troubles we had had with that ruffian already; think of my breastplate on the election day, of all the qualifications of Murena for the office, and the tact he shewed in his canvass; and you will not wonder at the result.

(3) de ambitus criminibus, §§ 54-83.

I must now deal with the specific charges: but first I will remark that Murena is hardly used. The time and the accusers are such as one would scarcely have looked for.

Now for Cato, the prop and stay of the case for the prosecution. I fear the weight he may carry with the jury more than the charges he can bring. As for the weight of his character, I say that it ought rather to incline the jury favourably towards the accused, than to tell against him. Romans are not wont to be the slaves of a great name and reputation. The accuser cannot be jury as well. Besides, you push things too far, Cato: naturally upright

and strict, you have been trained into a sort of perverseness and bitterness by the Stoic principles which you have imbibed. The stiff morality of the Porch is utterly unpractical; their paradoxical dogmas break down when applied to real life. Had you been an Academic or a Peripatetic you had been, not perhaps a better, but a gentler man: you would never have shewn such animosity against Murena. Yet I think that with age you will come round; you are now still a young man, and fresh from the study of Stoic ethics. Even your masters do not expect people to act fully up to their high-pitched theories. We have often seen that Stoicism is consistent with courtesy and good feeling. Think of your greatgrandfather. The name 'Cato,' then, must be set aside : let us to the charges. You say with truth that a decree of the Senate defines certain practices as bringing candidates under the Calpurnian law. But when you come to apply this to the case of Murena you fail in each separate charge to prove what is the real point. You take popularity to be a proof of bribery, and hospitality of treating. You are impugning, not the acts of Murena, but the usages of political life. Your criticisms on the morality of entertaining citizens at election-time are carried too far, and are diametrically opposed to Roman habits and ways of thinking. You confound public munificence with personal luxury. Remember how ridiculous Tubero made himself by crossgrained application of dogmas out of season. Besides, if you must be very nice as to the moral bearing of every little thing, how about your own canvass? Fie, fie, Cato, on your affectation deceitfulness and time-serving. What would the Stoics say? You took up this prosecution, you say, for the public weal. No doubt you mean well, but you are mistaken. Mine is the side of true patriotism. Think, gentlemen of the jury, of Catiline's accomplices in the city. Do not play their game: we shall want our two consuls for the new year. This is a critical time: frightful plans are formed against Rome by her own degenerate children. My magistracy is drawing to its close; leave me my successor. Think, Cato, on all this; remember that the plots of years are coming to a head now: see the danger in which I stand, and give heed to your own. It is your manifest duty to help in securing for this crisis the services of such a man as Murena in the consulship.

III peroratio, §§ 83 quamquam to end.

Gentlemen, all rests on you. Surely you will not play Catiline's game for him: the hour is come; take away our next year's consul, and the State is lost. In the name of our country, on behalf of Murena, I appeal alike to your patriotism and your mercy for an acquittal. Do this, and I can assure you that in so doing you will have done what is for the best.

ABBREVIATIONS USED IN THE NOTES.

Mommsen Mommsen's History of Rome, English translation.
Madvig = Madvig's Latin Grammar, English translation, 4th ed.
Madvig de fin= Madvig's edition of the de finibus, 2nd ed 1869.

Ritter and Preller Ritter and Preller's Historia Philosophiae Graecae et Romanae, 4th ed 1869.

Zeller=Zeller's 'Stoics Epicureans and Sceptics' translated by Reichel, 1870.

Festus is referred to by the page of Müller's edition. auct ad Herenn=author of the treatise ad Herennium.

auct petit cons=author of the treatise de petitione consulatus.

I. QUOD precatus a dis immortalibus sum, iudices, more 1 institutoque maiorum illo die, quo auspicato comitiis centuriatis L Murenam consulem renuntiavi, ut ea res mihi, fidei magistratuique meo, populo plebique Romanae bene atque

feliciter eveniret, idem 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. quodsi 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, 2 ea res fauste, feliciter prospereque eveniret. quae 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.

et quoniam in hoc officio studium meae defensionis ab accusatoribus atque etiam ipsa susceptio causae reprehensa est,

comitiorum] prayer 'at' elections. Genitive of possession or relation. Compare § 31 victoriae eorum bellorum, 873 officium necessitudinis, § 56 odio inimicitiarum, § 63 adiumenta doctrinae, also § 64 rei publicae vinculo, § 7 fructum officii, div in Caecil § 14 officium necessitudinis, I in Verrem § 54 oblivionem diuturnitatis. See Nägelsb Stil § 100, p 275.

religionem] 'sanctity.' Halm compares pro Rosc Am § 66, magnam vim magnam necessitatem magnam possidet religionem paternus maternusque sanguis.

idem ego......] ie so solemn is the prayer, that my use of it implies a

prayer for the weal of those elected. Zumpt.

me rogante]=me comitia habente. The full phrase is consul populum consulem rogat, compare Liv III 65 qui plebem Romanam tribunos plebi rogaret and VI 42 end of book. Halm.

2. potestas......] Matthiae compares pro Rabirio § 5 vos, quirites, quorum potestas proxime ad deorum immortalium numen accedit.

qui] on consideration of the MSS authority (Lag 9 alone having quem), I now read thus and accept Halm's consulem above as the best emendation of the corrupt consul ei.

beneficium] the distinction just granted him. Compare $$ 3, 86, 90. Halm.

cum] to the preservation of'... compare pro Planc § 102 Madvig § 257 obs 5.

et quoniam....ante quam....dicam] See Madvig § 476 b.