voluntatem, et reipublicae dignitatem, et salutem provinciarum atque sociorum meis omnibus commodis et rationibus praeferre oportere.

8. Notwithstanding Cicero, at the close of his oration, declares that he has been induced to support the Manilian law only by the disinterested motives of patriotism, many modern authors will not believe him. We will quote the remarks of these criticks, premising that the eloquence of Cicero contributed to the enaction of the law. The elegant writer of the "Observations on the life and writings of Cicero," speaking of Cicero and those who spoke in favour of the Manilian law, says, "They had not the least pretence of pub lick necessity to justify it..... But Lucullus, who commanded in Asia, had overcome Mithridates in several battles, and was as capable of finishing the war, as he was, whom they appointed to be his successor. With an eloquence worthy of a better cause, he (Cicero) most artfully reflected on Lucullus, whose reputation as well as authority was to be made a sacrifice to the envy of Pompey; then he proceeded to descant upon Pompey's character, which he set off with all the ornaments of rhetorick; attributing to him the whole success, not only of the African, Spanish and piratick wars, but even of that against the slaves, the honour of which was solely due to Crassus. Thus, by cruelly injuring two of the greatest Generals that were in the commonwealth, by a most servile flattery of the man, who was manifestly overturning all its liberties, he brought the people to consent to the Manilian law; which, had a regard to the interest of his country been his constant principle, he ought to have opposed as violently, as he afterwards did the Agrarian law, or any other attempt against the safety and freedom of the state." Monsieur Crevier, the continuator of Rollin's Roman history, speakIng of the Manilian law, says, "We have the discourse which Cicero pronounced on this occasion. It is more to his honour as an orator, than as a patriot, or commonwealth's man.....But he had the Consulship nearly in view, and it behoved him therefore to gain the people's favour, and make sure of the friendship of Pompey." The learned author of "The Divine Legation of Moses," etc. while con. sidering the character of Cicero, says in the third section of the third book, "The several and various characters he sustained in his life and writings, habituated him to feign and dissemble his opinions. He may be considered as an orator, a statesman, a philosopher, characters all equally personated; and no one more the real man than the other, but each of them taken up and laid down for the occasion. This appears from the numerous inconsistencies found in him throughout the course of his sustaining them." Having mentioned an instance in which the philosopher confuted the statesman, the author adds, "as in another instance the statesman seems to have got the better of the philosopher. He defends the paradoxes of the Stoicks in a philosophick dissertation; but, in his oration for Muraena, he ridicules those paradoxes in the freest manner...... Nor under one and the same character, or at one and the

same time, is he more consistent.....In a word, he laughed at the opinions of state, when he was amongst philosophers; he laughed at the doctrines of the philosophers, when he was cajoling an assembly; and he laughed heartily at both, when withdrawn among his friends in a corner. Nor is this the worst part of the story. He hath given us no mark to distinguish his meaning; for in his Academick Questions he is ready to swear, he always speaks what he thinks: Jurarem per Jovem deosque penates, me et ardere studio veri reperiendi, et ea sentire, quae dicerem; yet in his treatise, De Naturá Deorum, he has strangely changed his tone; Qui autem requirunt, quid quáque de re ipsi sentiamus, curiosius id faciunt, quam necesse est."-The latter part of this last quotation invalidates the defence Dr. Middleton, Cicero's English historian and panegyrist, makes against the charges of flattery and selfish motives, as that author offers no other proof of his disinterestedness, than his own declaration in the close of the oration. Mr. Melmoth, the elegant translator of Cicero's letters Ad Familiares, still farther weakens his pretensions to sincerity. He says, "Cicero's real sentiments and opinions cannot be proved by any particular passages in these letters. In those to Atticus, indeed, he was generally, though not always, more sincere." We would mention the authority also of Hook, the Roman historian, who is more severe upon Cicero than any author we have quoted, did we not believe he traduced the characters of most of the great men of Rome to elevate that of Julius Caesar. But more quotations are unnecessary. We have been induced to select those already expressed, not from any desire to detract praise from Cicero's character, of which we still have a high opinion, but from a wish to prevent the youth, who shall study these orations, from forming, by their perusal of them, erroneous ideas of the characters of distinguished Roman citizens. We therefore will not hesitate to declare our opinion, that in this oration Cicero extols the praises of Pompey too high, and that he depreciates the merit of Lucullus too much. For the first opinion we have the authority of Cicero himself, who in a future period of his life confessed, he had pronounced praises on Pompey, which he did not deserve: and for the last, we have the authority of Plutarch, who says Lucullus possessed great qualities, courage, vigilance, activity, prudence, and the love of justice.

ORATIO PRO M, MARCELLO.

INTRODUCTION.

THERE existed a friendship between Cicero and the family of the Marcelli: but of Marcus Marcellus Cicero was a particular friend. Marcellus was no less eminent on account of his birth, than for the rank he held in the republick; his courage and conduct were equally conspicuous, and the testimonies of historians unite in characterising him as incapable of meanness or fear. During his consulship he opposed Caesar, and avowed his intentions to ruin him. After the battle of Pharsalia, in which Caesar conquered Pompey and his adherents, he retired to Mitylenae, where he seemed resolved to spend the remainder of his life in philosophick retirement, and make the pursuits of literature his only employment. This resolution, after many attempts, was destroyed by the urgent requests of his friends. The letters of his brother Caius and Cicero induced him to consent, that application might be made to Caesar for permission to return to Rome. In one of the meetings of the Senate, therefore, when the Dictator had taken his seat, Piso, the father in law of Caesar, first mentioned the return of Marcellus. The brother of the illustrious exile immediately threw himself at the feet of Caesar, and requested of him the desired favour; and the whole Senate at the same time rising from their seats urged the request, and entreated him to restore them one of their most distinguished and most valuable members. Caesar at first assumed severity, and complained of the resentment Marcellus had ever shewn to him. But when he had made the Senators fear a denial, he unexpectedly added, that whatever reasons he had to be dissatisfied with the man, for whose return they sued, he could not oppose the unanimous desire of the Senate. Having said this, notwithstanding he saw the whole Senate concurrent in the petition, he called for the particular opinion of every Senator; a method never practised, except in cases of debate, and when the house was divided; "but," says Dr. Middleton, "he wanted the usual tribute of flattery upon this act of grace; and had a mind probably to make an experiment of Cicero's temper, and to draw from him especially some incense on the occasion; nor was he disappointed of his aim." Cicero experienced much joy at the prospect of his friend's return; he fanci ed he saw the image of the old republick reviving; and, after other Senators had expressed their opinions, he pronounced in the exalted feelings of the moment, the following beautiful oration, which is so much known, and so universally admired, and "which," says Cicero's English historian, "though made upon the spot, yet for elegance of diction, vivacity of sentiment, and politeness of compliment is superior to any thing extant of the kind in all antiquity." It was pronounced in the 707th year of Rome, and in the 61st of Cic

ero's age.

'DIUTURNI silentii, P. C. quo eram his temporibus usus, non timore aliquo, sed partìm dolore, partìm verecundia, finem hodiernus dies attulit; idemque initium, quae vellem quaeque sentirem, meo pristino more dicendi. Tantam enim mansuetudinem, tam inusitatam inauditamque clementiam, tantum in summâ potestate rerum omnium modum, tam denique incredibilem sapientiam ac penè divinam tacitus nullo modo praeterire possum. M. enim Marcello vobis, P. C. reique pub. reddito, non solùm ilfius, sed meam etiam vocem et auctoritatem et vobis et reipublicae conservatam ac restitutam puto. Dolebam enim, P. C. ac vehementer angebar, cum viderem virum talem, qui in eâdem causâ esset, in quâ

1. Diuturni silentii-In a letter to Servius Sulpicius, Proconsul in Greece, Cicero, mentioning the petition for Marcellus' return, writes, "What the senate did was thris; upon the mention of Marcellus by Piso, his brother Caius having thrown himself at Caesar's feet, they all rose up, and went in a supplicating manner towards Caesar: in short this day's work appeared so decent, that I could not help fancying I saw the image of the old republick reviving. When all, therefore, who were asked their opinions before me, had returned thanks to Caesar, excepting Volcatius, (for he declared, that he would not have done it, though he had been in the place of Marcellus) I, as soon as I was called upon, changed my mind; for 1 had resolved with myself to have observed an eternal silence, not through any laziness, but the loss of my former dignity; but Caesar's greatness of mind and the laudable zeal of the Senate overcame my reso

lution. I gave thanks, therefore, to Caesar, in a long speech, and have deprived myself by it, I fear, on other occasions, of that honest quiet, which was my only comfort in these unhappy times; but since I have hitherto avoided giving him offence, (and, if I had always continued silent, he would have interpreted it perhaps as a proof of my believing the republick to be ruined) I shall speak for the future not often, or rather very seldom; so as to manage at the same time both his favour and my own leisure for study."

2. In quá ego fuissem Marcellus and Cicero were of the Pompeian party; after the battle of Pharsalia, Cicero accepted pardon of the conqueror; the high spirit of Marcellus and the ancient glory of his house would not permit him to receive any favours from He retired to Mitylenae.

a master.

ego fuissem, non in eâdem esse fortunâ: nec mihi persuadere poteram, nec fas esse ducebam, versari me in nostro veteri curriculo, illo aemulo atque imitatore studiorum ac laborum meorum, quasi quodam socio a me et comite distracto. Ergo et mihi, meae pristinae vitae consuetudinem, C. Caesar, interclusam aperuisti, et his omnibus ad benè de omni republicâ sperandum, quasi signum aliquod sustulisti. Intellectum est enim mihi quidem in multis, et maximè in me ipso, sed paulò antè omnibus, cum M. Marcellum Senatui populoque Romano et reipublicae concessisti, commemoratis praesertim 'offensionibus, te auctoritatem hujus ordinis dignitatemque reipublicae tuis vel doloribus vel 'suspicionibus anteferre. Ille quidem fructum omnis anteactae vitae hodierno die maximum cepit, cum summo consensu Senatûs, tum praeterea judicio tuo gravissimo et maximo; ex quo profectò intelligis, quanta in dato beneficio sit laus, cum in accepto tanta sit gloria. Est verò fortunatus ille, cujus ex salute non minor penè ad omnes, quàm ad illum ventura sit, laetitia pervenerit. Quod

3. Aemulo atque imitatore-Marcellus was famous for his forensick talents, and of all the orators of his time seems to have approached nearest to Cicero in the character of a complete speaker.

4. Offensionibus-While Marcellus was Consul, he endeavoured to supersede Caesar in the command of Gaul; he afterwards endeavoured to get Caesar proclaimed Enemy to his country; in a publick speech he called Caesar Robber; and, during the civil war, fought against Caesar.-These, says Guthrie, with some others of smaller consequence, were the offences of Marcellus.

5. Suspicionibus-Caesar had entertained suspicions, that Marcellus intended to murder him.

6. Fructum...... vitae hodierno die--It should be remembered, that, before Cicero had risen to address Caesar, the whole Senate had paid the tribute due to the merit of Marcellus, by rising and warmly urging the request made for his return.

M