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flowed the freedom of its cities, without the recommendation of merit, upon persons of little consideration, and those who hid cither r.o employment at all, or very mean ones, is it to be imagined that the inhabitants of Rhegiuin, Locris, Naples, or Tarentum, would deny to a man so highly celebrated for his genius, what they conferred even upon comedians? When others, not only after Silanus'l la*, but even after the Papi.in law, fluII have found means to creep into the registers of the municipal cities, (hall he be rejected, who, because he was always desirous of palling for an Heraclean, never nailed himself of his being enrolled in other cities? But you desire to ice the enrolment of our estate; as if it were not vtl! known, that under the last censorship the defendant was with the army commanded by that renowned general L. Lucu'lus; that under the censorship immediately preceding, he was with the fame l.ucullus then quæstor in Alia; and that, when Julius and CrafTus were censors, the: e was no enrolment made? But, as an enrolment in the censors books docs not confirm the right of citizenship, and only shews that the person enrolled assumed the character of a citizen, J must tell you that Archias made a will according to our laws, succeeded to the estates oCRoman citizens, ind was recommended to the treasury by L. Lacullus, both when prætor and consul, as one who deserved well of the state, at the very time when you alledge that, by Ms own confession, he had no right to the freedom of Rome.

Find out whatever arguments you can, Archias will never be convicted for his own conduct, nor that of his friends. But yos'll no doubt ask the reason, Gracchu:, cf my being so highly delighted with this man? Why, it is because he furnishes me »ith what relieves my mind, and charms ray ears, after the fatigue and noise of the forum. Do you imagine that I could possibly plead every day on such a variety of subjects, if my mind was not cultivated »ith science; or that it could bear being stretched to such a degree, if it were not sometimes unbent by the amusements of learning. I am fond of these studies, I o*n: let those be ashamed who have busied themselves in learning so as to be of W us; to society, nor able to produce any thing to public view; but why should I be ashamed, who for so many years, my lord;, have never been prevented by in

dolence, seduced by pleasure, nor diverted by sleep, fvom doing good offices lo others? Who. then can censuic me, or in justice be angry with me, if those hours which otheis employ in busines;, in p'eafures, in celebrating public solemnities, in refreshing the body and unbending the mind; if the time which is spent by some in midnight banqueiings, in diversions, and in gaming, 1 employ in reviewing these studies? And this application is the more excusable, as I derive no small advantages from it in my profession, in which, whatever abilities I posies,, they have always been employed when the dangers of my friends called for their assistance. If they Ihould appear to any to be but small, there are still other advantages of a much higher niture, and I am very sensible whence I derive them. For had 1 not been convinced from my youth, by much instruction and much study, that nothing is grcatlv desirable in life but g ory and virtue, and that, in the pursuit of these, all bodily tortures, and the perils of death and exile, arc to be flighted and despised, never should I have exposed my-, self to so many and so great conflicts for your preservation, nor to the daily rage and violence os the most worthies: of men. Bat on this head bonks are full, the voice of the wife is full, antiquity is full; all which, were it not for the lamp of learning, would be involved in thick obscurity. How many pictures of the bravest or men have the Greek and Latin wii.era left us, not only to contemplate, but likewise to imitate? These illustrious models I always set before me in the government of tiie state, and formed my conduct by contemplating their virtues.

But were those great men, it will be asked, who arc celebrated in history, distinguished for that kind of learning, w hich you extol so highly? It were difficult, indeed, to prove this of them all; but what I (hall answer is, ho-vever, very certain. I own, then, that there have been many men of excellent dispositions and distinguished virtue, who, without learning, and by the almost divine force of nature herself, have been wise and moderate; nay, farther, that nature without learning is of greater efficicy towards the attainment of glory and virtue, than learning without nature; but then, I arlirm, that when to an excellent natural disposition the embellishments of learning are added, there results from this union something great and extraordinary. Such was that divine U u 3 man, man Africanus, whom our fathers saw; such were C. Lælius and L. Furius, persons of the greatest temperance and moderation; such was old Cato, a man of great bravery, and, for the times, of great learning; who, surely, would never have applied to the study of learning, had they thought it of no service towards the acquisition and improvement of virtue. But were pleasure only to be derived from learning, without the advantages we have mentioned, you must still, I imagine, allow it to be a very liberal and polite amusement. For other studies are not suited to every time, to every ar^e, and to every place; but these give strength in youth, and joy in old age: adorn prosperity, and are the support and consolation of adversity; at home they are delightful, and abroad they are easy; at night they are company to us; when we travel they attend us; and, in our rural retirements they do not forsake us. Though we ourselves were incapable of them, and had no relish for their charms, still we mould admire them when we fee them in others.

Was there any of us so void of taste, and of so unfeeling a temper, as not to be affected lately with the death of Rofcius? For though he died in an advanced age, yet such was the excellence and inimitable beauty of his art, that we thought him worthy of living for ever. Was he then so great a favourite with us all on account of the graceful motions of his body; and shall we be insensible to the surprising energy of the mind, and the sprightly sallies of genius? How often have I seen this Archias, my lords, (for I will presume on your goodness, as you are pleased to favour me with so much attention in this unusual manner of pleading) how often, I say, have I seen him, without using his pen, and without any labour or study, make a great number of excellent verses on occasional subjects? How often, when a subject was resumed, have I heard him give it a different turn of thought and expression, whilst those compositions which he finished with care and exactness were as highly approved as the most celebrated writers of antiquity. And (hall not I love this man? Shall I not admire him? Shall I not defend him to the utmost of my power? For men of the greatest eminence and learning have taught us, that other branches of science require education] art, and precept; but that a poet is

formed by the plastic hand of nature herself, is quickened by the native fire of genius, and animated as it were by a kind of divine enthusiasm. It is with justice, therefore, that our Ennius bestows upon poets the epithet of -venerable, because they seem to have some peculiar gifts of the gods to recommend them to us. Let the name of poet then, which the most barbarous nations have never prophaned, be revered by you, my lords, who are so great admirers of polite learning. Rocks and deserts re-echo sounds; savage beasts are often soothed by music, and listen to its charms; and (hall we, with all the advantages of the best education, be unaffected with the voice of poetry? The Calophonians give out that Homer is their countryman, the Chians declare that he is theirs, the Salaminians lay claim to him, the people of Smyrna affirm that Smyrna gave him breath, and have accordingly dedicated a temple to him in their city : besides these, many other nations contend warmly for this honour.

Do they then lay claim to a stranger* even after his death, on account of his being a poet; and (hall we reject this living poet, who is a Roman both by inclination and the laws of Rome; especially as he has employed the utmost efforts of his genius to celebrate the glory and grandeur of the Roman people? For, in his youtii, he fung the triumphs of C. Marius over the Cimbri, and even pleased that great genera!, who had but little relish for the charms of poetry. Nor is there any person so great an enemy to the Muses, as not readily to allow the poet to blazon his fame, and consecrate his actions to immortality. Themistocles, that celebrated Athenian, upon being asked what music, or whose voice was most agreeable to him, is reported to have answered, that man's iuho could beji celebrate his "virtues. The same Mai ius too had a very high regard for L. Plotius, whose genius, he thought, was capable of doing justice to his actions. But Archias has described the whole Mithridatic war; a war of such danger and importance, and so very memorable for the great variety of its events both by sea and land. Nor does his poem reflect honour only on L. Lucullus, that very brave and renowned man, but likewise adds lustre to the Roman name. For, under Lucullus, the Roman people penetrated into Pontus, impregnable till then by means of its situation and the arms os its monarchs; under him, the Romans, with no very considerable force, routed th? numberless troops of the Armenian*; under his conduct too, Rome has the glory of delivering Cyzicum, the city of our faithful allies, from the r.-.gc of a monarch, and rescuing it from the devouring jaws of a mighty war. The praises of our llect .shall ever be recorded and celebrated, for the wonders performed at Tencdos, where the enemy's ships were funk, and their commanders slain: such are our trophies, such our monuments, fucii our triumphs. Those, therefore, whose genius describes these exploits, celebrate likewise the praises of the Roman name. Our Ennius was greatly beloved by the elder Africanus, and accordingly he is thought to have a marble statue amongst the monuments of the Scipio's. But those praises are not appropriated to the immediate subjects of them; the whole Roman people have a fliare in them. Cato, the ancestor of the judge here present, is highly celebrated for his virtues, and from this the Romans themselves derive great honour: in a word, the Maximi, the Marcelli, the Fulvii, cannot be praised without praising every Roman.

Did our ancestors then confer the freedom of Rome on him who fung the praises of her heroes, on a native of Rudiæ; and stall we thrust this Heraclean out of Rome, who has been courted by many cities, and whom our laws have made a Roman? For if any one imagines that less glory is derived from the Greek, than from the Latin poet, he is greatly mistaken; the Greek language is understood in almost every nation, whereas the Latin is confined to Latin territories, territories extremely narrow. If our exploits, therefore, have reached the utmost limits of the earth, we ought to be desirous that our glory and fame ihould extend as far as our arms; for as these operate powerfully on the people whose actions are recorded; so to thole uho expose their lives for the fake of glory, they are the grand motives to toils anddangers. How many persons is Alexander the Great reported to have carried along with him, to write his history! And yet, when he stood by the tomb of Achilles at Sigæum, "Happy youth," he cried, '* who could find a Homer to blazon thy fame!" And what he said was true; for had it not been for the Iliad, his asties and fame had been buried in the fame tomb. Did not Pompey the Great, whose virtues

were equal to his fortune, confer the freedom of Rome, in the presence of a military assembly, upon Tneophancs of MityJene, who fung his triumphs? And these Romans of ours, men brave indee !, but unpoliihed and mere soldiers, moved with the charms of glory, gave (hours of applause, as if they had (ha red in the honour of their leader. Is it to be supposed then, that Archias, if our laws had not made him a citizen of Rome, could not have obtained his fiecdom from some general? Would Sylla, who conferred the rights of citi/.enslup on Gauls and Spaniards, have refused the suit of Archias I That Sylla, whom we law in an astembly, when a bad poet, of obscure birth, pres nted him a petition upon the merit of having written an epigram in his praile of unequal hobbling verses, order him to be instantly rewarded out of an (state he v. as felling at the time, on condition he (hould write no more verses. Would he, who even thought the industry of a bad poet worthy of some reward, not have been fond of the genius, the spirit, and eloquence of Archias? Could our poet, neither by his own interest, nor that of the Luculli, have obtained from his intimate friend Q^Metellus Pius the freedom of Rome, which he bestowed so frequently upon others? Especially as Mctellus was lo very desirous of having his actions celebrated, that he was even somewhat pleased with the dull and barbarous verses of the poets born at Corduba.

Nor ought we to dissemble this truth, which cannot be concealed, but declare it openly: we are all influenced by the love of praise, and the greatest minds have the greatest passion for glory. The philosophers themselves prefix their names to those books which they write upon the contempt of glory; by which they fliew that they are desirous of praise and fame, while they affect to despise them. Decimus Brutus, that great commander and excellent man, adorned the monuments of his family, and the gates of his temples, with the verses of his intimate friend Attius: and Fulvius, who made war with the Ætolians attended by Ennius, did not scruple to consecrate the spoils of Mars to the Muses. In that city, therefore, where generals, with their arms almost in their hands, have reverenced the lhrines of the muses and the name of poets, surely magistrates in their robes, and in times of peace, ought not to be averse to honourU u 4 ing ing the one, or protecting the other. And to engage you the more readily to this, my lords, 1 will lay open the very sentiments of my heart before you, and freely confess my passion forglory, which, though too keen,perhaps, is however virtuous. For what 1 did in conjunction with you during my consulship, for the safety of this city and empire, for the lives of my fellowcitizens, and for the interests of the state, Archias intends to celebrate in verse, and has actually begun his poem. Upon reading what he h.is wrore, it appeared to me so sublime, and gave me so much pleasure, that I encouraged him to go on with it. For vi:tu; desires no other reward for her toils and dingers, but p:.iise and glory: take but this away, my lords, and what is there left in this ihort, this scanty career of human life, that can tempt us to engine in so many and so great labours? Surely, if the mind had no thought of futurity, if llie confined all her views within those limits which bound our present existence, file would neither waste her strength in so great toils, nor harass herself with lo many cares and watchings, nor struggle so often for life itself: but there is a certain principle in the breast of every ^oed man, which both diy and night quickens him to the p-.'.rseit of glory, and puts him in mind that his fame is not to be measured by the extent of his present life, but that it runs parallel with the line of posterity.

Can we, who are engaged in the affairs of the (late, and in so many toils and dangers, think so meanly as to imagine that, after a life of uninterrupted care and trouble, nothing siiall remain of us after death I If many of the greatest men have been, careful to leave their statues and pictures these representations not of their minds but of their bodies; ought not we to be much more desirous of leaving the portraits of our enterprizes and virtues drawn and finistied by the most eminent artists? As for me, I have always imagined, whilst I was engaged in doing whatever I have done, that I was spreading my actions over the whqle earth, and that they would be held in eternal remembrance. But whether I shall lose my consciousness of this at death, or whether, as the wisest men have thought, I shall r;tain it 2fter, at present the thaught delights me, and my mind is filled with pleasing hopes. Do riot then deprive us, my lords, of a man, >y hoin modesty, a graceful manner, engag

ing behaviour, and the affections of his friends, so strongly recommended; the greatness of whose genius may be estimated from this, that he is courted by the most eminent men of Rome; and whose plea is such, that it has the law in its favour, the authority of a municipal town, the testimony of Lucullus, and the register of Me. tellus. This being the case, we beg of you, my lords, since in matters of such importance, not only the intercession of men but of gods is necessary, that the man, who has always celebrated your virtues, those of your generals, and the victories of the Roman people; who declares that he will raise eternal monuments to your praise and mine for our conduct in our late domestic dangers; and who is of the number ot those that have ever been accounted and pronounced divine, may be lo protected by you, as to have greater reason to applaud your generosity, ilnn to complain of your rigour. What 1 have said, my lord?, concerning this cause, with my usu'.l brevity and simplicity, is, I am confident, approved by all : woat 1 have advanced upon poetry in general, and the genius of the defendant, contrary to the usage of the forum and the bar, will, I hope, be taken in good part by you; by him who presides upon the bench, 1 am convinced it will.

Wbitvxortb's Ckero.

§ IO. Oration for T. Anniui Milo,
THE ARGUMENT.

This beautiful oration was made in the
55th vear of Cicero's age, upon the
following occasion. In the year of
Rome 701, T. Annius Milo, Q_Me-
tellus Scipio, and P. Phu;ius Hyp-
fæus, stood candidates for the consul-
ship; and, according to Plutarch,
puttied on their several interests with
such open violence and bribery, as if
it had been to be carried only by
money or arms. P. Clodius, Milo's
professed enemy, stood at the fame
time for the prætorfliip, and used all
his interest to disappoint Milo, by
whose obtaining the consulship he was
sure to be controuled in the exercise
of his magistracy. The senate and
the better sort were generally in
Milo's interest; and Cicero, in par-
ticular, served him with distinguished
zeal: three of the tribunes were vio-
lent against him, the other seven were

his fast friends; above all M. Ccelius, who, out of regard to Cicero, was very active in his service. But whilst, matters were proceeding in a very favourable train for him, and nothing seemed wanting to crown his success, but to bring on the election, which his adversaries, for that reason, endeavoured to keep back; all his hopes and fortunes were blasted at once by an unhappy rencounter with CloJius, in which C'lodius was killed by his servants, and by his command. His body was left in the Appian road, where it fell, but was taken up soon after by l'edius, a senator, who happened to come by, and brought to Rome; where it was exposed,all covered with blood and wounds, to the view of the populace, who flocked about in crowds to lament the miserable fate os their leader. The next day, Sextus Clodius, a kinsman of the deceased, and one of his chief incendiaries, together with the three tribunes, Mi o's enemies, employed all the arts of party and faction to inflame the mob, which they did to luch a height of fury, that, snatching up the body, they ran away with it into the senate-house, and tearing up the benches, tables, and every thing combustible, drested up a funeral pile upon the spot; and,together with the body, burnt the house itself, with a kafilica or public hall adjoining. Several other outrages were committed* ib that the senate were obliged to pass a decree, that the inter-rex, ajjifled by lie tribunes and Pompey, should take care that the republic received no detriment; and that Pompey, in particular, flmuld raise a body os troops for the common security, which he presently drew together from all parts of Italy. Amidst this confusion, the rumour of a dictator being industriously spread, and alarming the senate, they resolved presently to create Pompey the single consul, whose election was accordingly declared by the inter-rex, after an inter-regnum of near two months. Pompey applied himself immediately to quiet the public disorders, and published several new laws, prepared by him for that purpose; one of them was, to appoint a special commission to enquire . into Clodiub'i death, &c. and to appoint

an extraordinary judge, of consular rank, to preside in it. He attended Milo's trial himself with a strong guar I, to preserve peace. The ac- . culers were young Appius, the nephew of Clouius, M. Antonius, and P. Valerius. Cicero was the only advocate on Milo's side; but as soon as he rose up to speak, lie was received with so rude a clamour by the Clodians, that he was much discomposed anddaurted at his first setting out: he recovered spirit enough, however, to go through \\> speech, which was taken down in writing, and published as it was delivered; though the copy of i: now extant, is supposed to have been retouched, ar.J corrected by him afterwards, for a present to Milo. who was condemned, and went into exile r.t Marseilles, a few de.ys after his condemnation.

THOUGH I am apprehensive, my lords, it may seem a reflection on a person's character to discover any signs of fear, when he is entering on the defence of so brave a man, and particularly unbecoming in me, that wlien T. Annius Milo himself is mure concerned for the' safety of the state than his own, I sliuield no; be able to maintain an equal greatness of mind in pleading his cauk; yet 1 must own, the unusual manner in which this new kind of trial is conducted, str.kes me with a kind of terror, while 1 am looking around me, in vain, for the ancient usages of the forum, and the forms that have been hitherto observed in our courts of judicature. Your bench is not surrounded with the usual circle; nor is the crowd such as used to throng us. For those guards you fee planted before all the temples, however intended to prevent all violence, yet strike the orator with terror; so that even in the forum and during a trial, though attended with an useful and neerslary guard, I cannot help being under some apprehensions, at the fame time I am sensible they are without foundation. Indeed, if I imagined it was stationed there in opposition to Milo, I mould give way, my lords, to the times; and conclude there was no room for an orator in the midst of such an armed force. But the prudence of Pompey, a man os such diilinguilhrd wisdom and equity, both chearsand relieves me; whose justice will never suffer him to leave a person exposed to the rage of the soldiery,

whom

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