31. 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.
31. haec Cato nimium nos nostris verbis magna facere demonstrat et oblitos esse bellum illud omne Mithridaticum cum mulierculis esse gestum. ego longe secus existimo, iudices; deque eo pauca disseram; neque enim causa in hoc continetur. si omnia bella quae cum Graecis gessimus contemnenda sunt, derideatur de rege Pyrrho triumphus M’.Manlii Curi, de Philippo T.Titi Flaminini, de Aetolis M.Marci Fulvi, de rege Perse L.Lucii Pauli, de Pseudophilippo Q.Quinti Metelli, de Corinthiis L.Lucii Mummi. haec bella gravissima victoriaeque eorum bellorum gratissimae fuerunt, cur Asiaticae nationes atque ille a te hostis contemnitur? ex veterum rerum monumentis vel maximum bellum populum Romanum cum Antiocho gessisse video; cuius belli victor L.Lucio Scipio aequa parta cum P. fratre gloria, quam laudem ille Africa oppressa cognomine ipso prae se ferebat, eandem hic sibi ex Asiae nomine adsumpsit.
32. 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.
32. quidem in bello virtus enituit egregia M.Marci Catonis, proavi tui; quo ille, cum esset, ut ego mihi statuo, talis qualem te esse video, numquam cum Scipione esset profectus, si cum mulierculis bellandum arbitraretur. vero cum P.Publio Africano senatus egisset ut legatus fratri proficisceretur, cum ipse paulo ante Hannibale ex Italia expulso, ex Africa eiecto, Carthagine oppressa maximis periculis rem publicam liberasset, nisi illud grave bellum et vehemens putaretur. si diligenter quid Mithridates potuerit et quid effecerit et qui vir fuerit consideraris, omnibus quibuscum populus Romanus bellum gessit hunc regem nimirum antepones. L.Lucius Sulla maximo et fortissimo exercitu, pugnax et acer et non rudis imperator, ut aliud nihil dicam, cum bello invectum totam in Asiam cum pace dimisit; quem L.Lucius Murena, pater huiusce, vehementissime vigilantissimeque vexatum repressum magna ex parte, non oppressum reliquit; qui rex sibi aliquot annis sumptis ad confirmandas rationes et copias belli tantum spe conatuque valuit ut se Oceanum cum Ponto, Sertori copias cum suis coniuncturum putaret.
33. 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.
33. quod bellum duobus consulibus ita missis ut alter Mithridatem persequeretur, alter Bithyniam tueretur, alterius res et terra et mari calamitosae vehementer et opes regis et nomen auxerunt; L.Lucii Luculli vero res tantae exstiterunt ut neque maius bellum commemorari possit neque maiore consilio et virtute gestum. cum totius impetus belli ad Cyzicenorum moenia constitisset eamque urbem sibi Mithridates Asiae ianuam fore putasset qua effracta et revolsa tota pateret provincia, perfecta a Lucullo haec sunt omnia ut urbs fidelissimorum sociorum defenderetur et omnes copiae regis diuturnitate obsessionis consumerentur.? illam pugnam navalem ad Tenedum, cum contento cursu acerrimis ducibus hostium classis Italiam spe atque animis inflata peteret, mediocri certamine et parva dimicatione commissam arbitraris? Mitto proelia, praetereo oppugnationes oppidorum; expulsus regno tandem aliquando tantum tamen consilio atque auctoritate valuit ut se rege Armeniorum adiuncto novis opibus copiisque renovarit. si mihi nunc de rebus gestis esset nostri exercitus imperatorisque dicendum, plurima et maxima proelia commemorare possem; sed non id agimus. dico:
34. 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.
34. bellum hoc, si hic hostis, si ille rex contemnendus fuisset, neque tanta cura senatus et populus Romanus suscipiendum putasset neque tot annos gessisset neque tanta gloria L. ⟨Lucullus⟩, neque vero eius belli conficiendum exitum tanto studio populus Romanus ad Cn.Gnaeum Pompeium detulisset. ex omnibus pugnis, quae sunt innumerabiles, vel acerrima mihi videtur illa quae cum rege commissa est et summa contentione pugnata. ex pugna cum se ille eripuisset et Bosphorum confugisset quo exercitus adire non posset, etiam in extrema fortuna et fuga nomen tamen retinuit regium. ipse Pompeius regno possesso ex omnibus oris ac notis sedibus hoste pulso tamen tantum in unius anima posuit ut, cum ipse omnia quae tenuerat, adierat, sperarat, victoria possideret, tamen non ante quam illum vita expulit bellum confectum iudicarit. tu hostem, Cato, contemnis quocum per tot annos tot proeliis tot imperatores bella gesserunt, cuius expulsi et eiecti vita tanti aestimata est ut morte eius nuntiata denique bellum confectum arbitrarentur? igitur in bello L.Lucium Murenam legatum fortissimi animi, summi consili, maximi laboris cognitum esse defendimus, et hanc eius operam non minus ad consulatum adipiscendum quam hanc nostram forensem industriam dignitatis habuisse.
35. “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.
35. enim in praeturae petitione prior renuntiatus est Servius. vos tamquam ex syngrapha agere cum populo ut, quem locum semel honoris cuipiam dederit, eundem ⟨in⟩ reliquis honoribus debeat? enim fretum, quem Euripum tot motus, tantas, tam varias habere putatis agitationes commutationesque fluctuum, quantas perturbationes et quantos aestus habet ratio comitiorum? intermissus aut nox interposita saepe perturbat omnia, et totam opinionem parva non numquam commutat aura rumoris. etiam sine ulla aperta causa fit aliud atque existimaris, ut non numquam ita factum esse etiam populus admiretur, quasi vero non ipse fecerit.
36. 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.
36. est incertius volgo, nihil obscurius voluntate hominum, nihil fallacius ratione tota comitiorum. L.Lucium Philippum summo ingenio, opera, gratia, nobilitate a M.Marco Herennio superari posse arbitratus est? quis Q.Quintum Catulum humanitate, sapientia, integritate antecellentem a Cn.Gnaeo Mallio? quis M.Marcum Scaurum, hominem gravissimum, civem egregium, fortissimum senatorem, a Q.Quinto Maximo? modo horum nihil ita fore putatum est sed, ne cum esset factum quidem, qua re ita factum esset intellegi potuit., ut tempestates saepe certo aliquo caeli signo commoventur, saepe improviso nulla ex certa ratione obscura aliqua ex causa concitantur, sic in hac comitiorum tempestate populari saepe intellegas quo signo commota sit, saepe ita obscura causa est ut casu excitata esse videatur.
37. 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.
37. tamen si est reddenda ratio, duae res vehementer in praetura desideratae sunt quae ambae in consulatu multum Murenae profuerunt, una exspectatio muneris quae et rumore non nullo et studiis sermonibusque competitorum creverat, ⟨altera⟩ quod ei quos in provincia ac legatione omni et liberalitatis et virtutis suae testis habuerat nondum decesserant. Horum utrumque ei fortuna ad consulatus petitionem reservavit. et L. Luculli exercitus qui ad triumphum convenerat idem comitiis L.Lucio Murenae praesto fuit, et munus amplissimum quod petitio praeturae desiderarat praetura restituit.
38. 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 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.
38. tibi haec parva videntur adiumenta et subsidia consulatus, voluntas militum, quae⟨que⟩ cum per se valet multitudine, cum apud suos gratia, tum vero in consule declarando multum etiam apud universum populum Romanum auctoritatis habet, suffragatio militaris? enim comitiis consularibus, non verborum interpretes deliguntur. re gravis est illa oratio: “saucium recreavit, me praeda donavit; hoc duce castra cepimus, signa contulimus; numquam iste plus militi laboris imposuit quam sibi sumpsit, ipse cum fortis tum etiam felix.” quanti putas esse ad famam hominum ac voluntatem?, si tanta illis comitiis religio est ut adhuc semper omen valuerit praerogativum, quid mirum est in hoc felicitatis famam sermonemque valuisse? si haec leviora ducis quae sunt gravissima et hanc urbanam suffragationem militari anteponis, noli ludorum huius elegantiam et scaenae magnificentiam tam valde contemnere; quae huic admodum profuerunt. quid ego dicam populum ac volgus imperitorum ludis magno opere delectari? est mirandum. huic causae id satis est; sunt enim populi ac multitudinis comitia. re, si populo ludorum magnificentia voluptati est, non est mirandum eam L.Lucio Murenae apud populum profuisse.
39. 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?
39. si nosmet ipsi qui et ab delectatione communi negotiis impedimur et in ipsa occupatione delectationes alias multas habere possumus, ludis tamen oblectamur et ducimur, quid tu admirere de multitudine indocta?
40. Lucius Otho, 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?
40. L.Lucio Otho, vir fortis, meus necessarius, equestri ordini restituit non solum dignitatem sed etiam voluptatem. lex haec quae ad ludos pertinet est omnium gratissima, quod honestissimo ordini cum splendore fructus quoque iucunditatis est restitutus. re delectant homines, mihi crede, ludi, etiam illos qui dissimulant, non solum eos qui fatentur; quod ego in mea petitione sensi. nos quoque habuimus scaenam competitricem. si ego qui trinos ludos aedilis feceram tamen Antoni ludis commovebar, tibi qui casu nullos feceras nihil huius istam ipsam quam inrides argenteam scaenam adversatam putas?
41. But in truth, let us allow that these advantages are all equal,—let exertions displayed in the forum be allowed to be equal to military achievements,—let the votes of the quiet citizens be granted to be of equal weight with those of the I soldiers,—let it be of equal assistance to a man to have I exhibited the most magnificent games, and never to have exhibited any at all; what then? Do you think that in the praetorship itself there was no difference between your lot and that of my client Murena? His department was that which we and all your friends desired for you; that namely, of deciding the law; a business in which the importance of the business transacted procures great credit for a man, and the administration of justice earns him popularity; for which department a wise praetor, such as Murena was, avoids giving offence by impartiality in his decisions, and conciliates good-will by his good temper in hearing the cases brought before him. It is a very creditable employment and very well adapted to gain a man the consulship, being one in which the praise of justice, integrity and affability is crowned at the last by the pleasure of the games which he exhibits.
41. haec sane sint paria omnia, sit par forensis opera ⟨militari⟩, militaris suffragatio urbanae, sit idem magnificentissimos et nullos umquam fecisse ludos; quid? in ipsa praetura nihilne existimas inter tuam et huius sortem interfuisse? sors ea fuit quam omnes tui necessarii tibi optabamus, iuris dicundi; in qua gloriam conciliat magnitudo negoti, gratiam aequitatis largitio; qua in sorte sapiens praetor qualis hic fuit offensionem vitat aequabilitate decernendi, benivolentiam adiungit lenitate audiendi. et ad consulatum apta provincia in qua laus aequitatis, integritatis, facilitatis ad extremum ludorum voluptate concluditur.
42. What department was it that your lot gave you? A disagreeable and odious one. That of inquiry into peculation, pregnant on the one side with the tears and mourning apparel of the accused, full on the other side of imprisonment and informers. In that department of justice judges are forced to act against their will, are retained by force contrary to their inclination. The clerk is hated, the whole body is unpopular. The gratifications given by Sulla are found fault with. Many brave men,—indeed, a considerable portion of the city is offended; damages are assigned with severity. The man who is pleased with the decision soon forgets it; he who loses his cause is sure to remember it. Lastly, you would not go to your province. I cannot find fault with that resolution in you, which, both as praetor and consul, I have adopted in my own case. But still Lucius Murena's conduct in his province procured him the affection of many influential men, and a great accession of reputation. On his road he held a levy of troops in Umbria. The republic enabled him to display his liberality, which he did so effectually as to engage in his interest many tribes which are connected with the municipalities of that district. And in Gaul itself, he contrived by his equity and diligence to enable many of our citizens to recover debts which they had entirely despaired of. In the meantime you were living at Rome, ready to help your friends. I confess that—but still recollect this, that the inclinations of some friends are often cooled towards those men by whom they see that provinces are despised.
42. tua sors?, atrox, quaestio peculatus ex altera parte lacrimarum et squaloris, ex altera plena accusatorum atque indicum; cogendi iudices inviti, retinendi contra voluntatem; scriba damnatus, ordo totus alienus; Sullana gratificatio reprehensa, multi viri fortes et prope pars civitatis offensa est; lites severe aestimatae; cui placet obliviscitur, cui dolet meminit. tu in provinciam ire noluisti. possum id in te reprehendere quod in me ipso et praetore et consule probavi. tamen L.Lucio Murenae provincia multas bonas gratias cum optima existimatione attulit. proficiscens dilectum in Umbria; dedit ei facultatem res publica liberalitatis, qua usus multas sibi tribus quae municipiis Umbriae conficiuntur adiunxit. autem in Gallia ut nostri homines desperatas iam pecunias exigerent aequitate diligentiaque perfecit. interea Romae scilicet amicis praesto fuisti; fateor; sed tamen illud cogita non nullorum amicorum studia minui solere in eos a quibus provincias contemni intellegunt.
43. And since I have proved, O judges, that in this con-test for the consulship Murena had the same claims of worth that Sulpicius had, accompanied with a very different fortune as respects the business of their respective provinces, I will say more plainly in what particular my friend Servius was inferior; and I will say those things while you are now hearing me,—now that the time of the elections is over—which I have often said to him by himself before the affair was settled. I often told you, O Servius, that you did not know how to stand for the consulship; and, in respect to those very matters which I saw you conducting and advocating in a brave and magnanimous spirit, I often said to you that you appeared to me to be a brave senator rather than a wise candidate. For, in the first place, the terrors and threats of accusations which you were in the habit of employing every day, are rather the part of a fearless man; but they have an unfavourable effect on the opinion of the people as regards a man's hopes of getting anything from them, and they even disarm the zeal of his friends. Somehow or other, this is always the case; and it has been noticed, not in one or two instances only, but in many; so that the moment a candidate is seen to turn his attention to provocations, he is supposed to have given up all hopes of his election.
43. quoniam ostendi, iudices, parem dignitatem ad consulatus petitionem, disparem fortunam provincialium negotiorum in Murena atque in Sulpicio fuisse, dicam iam apertius in quo meus necessarius fuerit inferior, Servius, et ea dicam vobis audientibus amisso iam tempore quae ipsi soli re integra saepe dixi. consulatum nescire te, Servi, persaepe tibi dixi; et in eis rebus ipsis quas te magno et forti animo et agere et dicere videbam tibi solitus sum dicere magis te fortem accusatorem mihi videri quam sapientem candidatum. accusandi terrores et minae quibus tu cotidie uti solebas sunt fortis viri, sed et populi opinionem a spe adipiscendi avertunt et amicorum studia debilitant. quo pacto semper hoc fit — neque in uno aut altero animadversum est sed iam in pluribus — simul atque candidatus accusationem meditari visus est, ut honorem desperasse videatur.
44. What, then, am I saying? Do I mean that a man is not to prosecute another for any injury which he may have received? Certainly I mean nothing of the sort. But the times for prosecuting and for standing for the consulship are different. I consider that a candidate for any office, especially for the consulship, ought to come down into the forum and into the Campus Martius with great hopes, with great courage, and with great resources. But I do not like a candidate to be looking about for evidence—conduct which is a sure forerunner of a repulse. I do not like his being anxious to marshal witnesses rather than voters. I do not fancy threats instead of caresses,—declamation where there should be salutation; especially as, according to the new fashion now existing, all candidates visit the houses of nearly all the citizens, and from their countenances men form their conjectures as to what spirits and what probabilities of success each candidate has.
44. ergo? acceptam iniuriam persequi non placet? vehementer placet; sed aliud tempus est petendi, aliud persequendi. ego, praesertim consulatus, magna spe, magno animo, magnis copiis et in forum et in campum deduci volo. placet mihi inquisitio candidati, praenuntia repulsae, non testium potius quam suffragatorum comparatio, non minae magis quam blanditiae, non denuntiatio potius quam persalutatio, praesertim cum iam hoc novo more omnes fere domos omnium concursent et ex voltu candidatorum coniecturam faciant quantum quisque animi et facultatis habere videatur.
45. “Do you see how gloomy that man looks? how dejected? He is out of spirits; he thinks he has no chance; he has laid down his arms.” Then a report gets abroad—“Do you know that he is thinking of a prosecution? He is seeking for evidence against his competitors; he is hunting for witnesses. I shall vote for some one else, as he knows that he has no chance.” The most intimate friends of such candidates as that are dispirited and disarmed, they abandon all anxiety in the matter,—they give up a business which is so manifestly hopeless, or else they reserve all their labour and influence to countenance their friend in the trial and prosecution which he is meditating. And, besides all this, the candidate himself cannot devote his whole thoughts, and care, and attention, and diligence to his own election; for he has also in his mind the thoughts of his prosecution—a matter of no small importance, but in truth of the very greatest. For it is a very serious business to be preparing measures by which to deprive a man, especially one who is not powerless or without resources—of his rights as a citizen; one who is defended both by himself and by his friend,—yes, and perhaps also by strangers. For we all of us naturally hasten to save any one from danger; and, if we are not notoriously enemies to them, we tender, even to utter strangers, when menaced by danger affecting their station as citizens, the services and zeal which are strictly speaking due only to the causes of our friends.
45. “tu illum tristem, demissum? iacet, diffidit, abiecit hastas.” hic rumor. “tu illum accusationem cogitare, inquirere in competitores, testis quaerere? Alium fac iam, quoniam sibi hic ipse desperat.” modi ⟨rumoribus⟩ candidatorum amici intimi debilitantur, studia deponunt; aut certam rem abiciunt aut suam operam et gratiam iudicio et accusationi reservant. eodem ut etiam ipse candidatus totum animum atque omnem curam operam diligentiamque suam in petitione non possit ponere. enim accusationis cogitatio, non parva res sed nimirum omnium maxima. Magnum est enim te comparare ea quibus possis hominem e civitate, praesertim non inopem neque infirmum, exturbare, qui et per se et per suos et vero etiam per alienos defendatur. enim ad pericula propulsanda concurrimus et qui non aperte inimici sumus etiam alienissimis in capitis periculis amicissimorum officia et studia praestamus.
46. On which account I, who know by experience the troubles attending on standing for office, on defending and accusing prisoners, consider that the truth in respect of each business stands thus,—that in standing for an office, eagerness is the chief thing; in defending a man, a regard for one's duty is the principal thing shown; in accusing a man, the labour is greatest. And therefore I say decidedly that it is quite impossible for the same man to do justice properly to the part of an accuser and a candidate for the consulship. Few can play either part well; no one can do justice to both. Did you, when you turned aside out of the course prescribed for you as a candidate, and when you had transferred your attention to the task of prosecuting, think that you could fulfil all the requirements of both? You were greatly mistaken if you did; for what day was there after you once entered on that prosecution, that you did not devote the whole of it to that occupation? You demanded a law about bribery, though there was no deficiency of laws on that matter, for there was the Calpurnian law, framed with the greatest severity. Your inclinations and your wish procured compliance with your demand; but the whole of that law might perhaps have armed your accusation, if you had had a guilty defendant to prosecute; but it has been of great injury to you as a candidate.
46. re ego expertus et petendi et defendendi et accusandi molestiam sic intellexi in petendo studium esse acerrimum, in defendendo officium, in accusando laborem. sic statuo fieri nullo modo posse ut idem accusationem et petitionem consulatus diligenter adornet atque instruat. Vnum sustinere pauci possunt, utrumque nemo. cum te de curriculo petitionis deflexisses animumque ad accusandum transtulisses, existimasti te utrique negotio satis facere posse. errasti. enim dies fuit, postea quam in istam accusandi denuntiationem ingressus es, quem tu non totum in ista ratione consumpseris? ambitus flagitasti, quae tibi non deerat; erat enim severissime scripta Calpurnia. est mos et voluntati et dignitati tuae. tota illa lex accusationem tuam, si haberes nocentem reum, fortasse armasset; petitioni vero refragata est.
47. A more severe punishment for the common people was demanded by your voice. The minds of the lower orders were agitated. The punishment of an exile was demanded in the case of any one of our order being convicted. The senate granted it to your request; but still it was with no good will that they established a more severe condition for our common fortunes at your instigation. Punishment was imposed on any one who made the excuse of illness. The inclinations of many men were alienated by this step, as by it they were forced either to labour to the prejudice of their health, or else through the distress of illness they were compelled to abandon the other enjoyments of life. What then, are we to say of this? Who passed this law? He, who, in so doing, acted in obedience to the senate, and to your wish. He, in short, passed it to whom it was not of the slightest personal advantage. Do you think that those proposals which, with my most willing consent, the senate rejected in a very full house, were but a slight hindrance to you? You demanded the confusion of the votes of all the centuries, the extension of the Manilian law, the equalization or all interest and dignity, and of all the suffrages. Honourable men, men of influence in their neighbourhoods and municipalities, were indignant that such a man should contend for the abolition of all degrees in dignity and popularity. You also wished to have judges selected by the accuser at his pleasure, the effect of which would have been, that the secret dislikes of the citizens, which are at present confined to silent grumblings, would have broken out in attacks on the fortunes of every eminent man.
47. Poena gravior in plebem tua voce efflagitata est; commoti animi tenuiorum. in nostrum ordinem; concessit senatus postulationi tuae, sed non libenter duriorem fortunae communi condicionem te auctore constituit. excusationi poena addita est; voluntas offensa multorum quibus aut contra valetudinis commodum laborandum est aut incommodo morbi etiam ceteri vitae fructus relinquendi. ergo? haec quis tulit? qui auctoritati senatus, voluntati tuae paruit, denique is tulit cui minime proderant. ⟨quidem⟩ quae mea summa voluntate senatus frequens repudiavit mediocriter adversata tibi esse existimas? suffragiorum flagitasti, †praerogationum legis Maniliae†, aequationem gratiae, dignitatis, suffragiorum. homines honesti atque in suis vicinitatibus et municipiis gratiosi tulerunt a tali viro esse pugnatum ut omnes et dignitatis et gratiae gradus tollerentur. editicios iudices esse voluisti, ut odia occulta civium quae tacitis nunc discordiis continentur in fortunas optimi cuiusque erumperent.
48. All these measures were strengthening your hands as a prosecutor, but weakening your chance as a candidate. And by them all a violent blow was struck at your hopes of success, as I warned you; and many very severe things were said about it by that most able and most eloquent man, Hortensius, owing to which my task of speaking now is the more difficult; as, after both he had spoken before me, and also Marcus Crassus, a man of the greatest dignity, and industry, and skill as an orator, I, coming in at the end, was not to plead some part of the cause, but to say with respect to the whole matter whatever I thought advisable. Therefore I am forced to recur to the same ideas, and to a great extent, O judges, I have to contend with a feeling of satiety on your part. But still, O Servius, do you not see that you completely lay the axe to the root of your chance as a candidate, when you give the Roman people cause for apprehension that Catiline might be made consul through your neglect and, I may almost say, abandonment of your canvass, while you were intent on your prosecution?
48. omnia tibi accusandi viam muniebant, adipiscendi obsaepiebant. ex omnibus illa plaga est iniecta petitioni tuae non tacente me maxima, de qua ab homine ingeniosissimo et copiosissimo, ⟨Q.⟩ Hortensio, multa gravissime dicta sunt. etiam mihi durior locus est dicendi datus ut, cum ante me et ille dixisset et vir summa dignitate et diligentia et facultate dicendi, M.Marcus Crassus, ego in extremo non partem aliquam agerem causae sed de tota re dicerem quod mihi videretur. in isdem rebus fere versor et quoad possum, iudices, occurro vestrae satietati. tamen, Servi, quam te securim putas iniecisse petitioni tuae, cum populum Romanum in eum metum adduxisti ut pertimesceret ne consul Catilina fieret, dum tu accusationem comparares deposita atque abiecta petitione?
49. In truth, men saw that you were hunting about for evidence; that you yourself looked gloomy, your friends out of spirits; they noticed your visits, your inquiries after proofs, your privy meetings with your witnesses, your conferences with your junior counsel; all which matters are certainly apt to make the countenance of a candidate look darker. Meantime they saw Catiline cheerful and joyous, accompanied by a band of youths, with a bodyguard of informers and assassins, elated by the hopes which he placed in the soldiers, and, as he himself said, by the promises of my colleagues; surrounded, too, with a numerous body of colonists from Arretium and Faesulae—a crowd made conspicuous by the presence of men of a very different sort in it, men who had been ruined by the disasters in the time of Sulla. His own countenance was full of fury; his eyes glared with wickedness; his discourse breathed nothing but arrogance. You might have thought that he had assured himself of the consulship, and that he had got it locked up at home. Murena he despised. Sulpicius he considered as his prosecutor, not as a competitor. He threatened him with violence; he threatened the republic.
49. te inquirere videbant, tristem ipsum, maestos amicos; observationes, testificationes, seductiones testium, secessiones subscriptorum animadvertebant, quibus rebus certe ipsi candidatorum ⟨voltus⟩ obscuriores videri solent; Catilinam interea alacrem atque laetum, stipatum choro iuventutis, vallatum indicibus atque sicariis, inflatum cum spe militum ⟨tum⟩ conlegae mei, quem ad modum dicebat ipse, promissis, circumfluentem colonorum Arretinorum et Faesulanorum exercitu; quam turbam dissimillimo ex genere distinguebant homines perculsi Sullani temporis calamitate. erat ipsius plenus furoris, oculi sceleris, sermo adrogantiae, sic ut ei iam exploratus et domi conditus consulatus videretur. Murenam contemnebat, Sulpicium accusatorem suum numerabat non competitorem; ei vim denuntiabat, rei publicae minabatur.
50. And I need not remind you with what terror all good men were seized in consequence of these occurrences, and how entirely they would all have despaired of the republic if he had been made consul. All this you yourselves recollect; for you remember, when the expressions of that wicked gladiator got abroad, which he was said to have used at a meeting at his own house, when he said that it was impossible for any faithful defender of the miserable citizens to be found, except a man who was himself miserable; that men in an embarrassed and desperate condition ought not to trust the promises of men of a flourishing and fortunate estate; and therefore that those who were desirous to replace what they had spent, and to recover what they had lost, had better consider what he himself owed, what he possessed, and what he would dare to do; that that man ought to be very fearless and thoroughly overwhelmed by misfortune, who was to be the leader and standard-bearer of unfortunate men.
50. rebus qui timor bonis omnibus iniectus sit quantaque desperatio rei publicae, si ille factus esset, nolite a me commoneri velle; vosmet ipsi vobiscum recordamini. enim, cum illius nefarii gladiatoris voces percrebruissent quas habuisse in contione domestica dicebatur, cum miserorum fidelem defensorem negasset inveniri posse nisi eum qui ipse miser esset; integrorum et fortunatorum promissis saucios et miseros credere non oportere; qua re qui consumpta replere, erepta reciperare vellent, spectarent quid ipse deberet, quid possideret, quid auderet; minime timidum et valde calamitosum esse oportere eum qui esset futurus dux et signifer calamitosorum.
51. Then, therefore, when these things had been heard, you recollect that a resolution of the senate was passed, on my motion, that the comitia should not be held the next day, in order that we might be able to discuss these matters in the senate. Accordingly, the next day, in a full meeting of the senate, I addressed Catiline himself; and desired him, if he could, to some explanation of these reports which had been brought to me. And he—for he was not much addicted to disguising his intentions—did not attempt to clear himself; but openly avowed and adopted the statements. For he said then, that there were two bodies of the republic,—the one weak with a weak head, the other powerful without a head,—and that, as this last had deserved well of him, it should never want a head as long as he lived. The whole senate groaned at hearing itself addressed in such language, and passed a resolution not severe enough for such unworthy conduct; for some of them were against too rigorous a resolution, because they had no fear; and some, because they had a great deal. Then he rushed forth from the senate, triumphing and exulting,—a man who never ought to have been allowed to leave it alive, especially as that very same man in the same place had made answer to Cato, that gallant man who was threatening him with a prosecution, a few days before, that if any fire were kindled against his own fortunes, he would put it out not with water, but by the general ruin.
51. igitur, his rebus auditis, meministis fieri senatus consultum referente me ne postero die comitia haberentur, ut de his rebus in senatu agere possemus. postridie frequenti senatu Catilinam excitavi atque eum de his rebus iussi, si quid vellet, quae ad me adlatae essent dicere. ille, ut semper fuit apertissimus, non se purgavit sed indicavit atque induit. enim dixit duo corpora esse rei publicae, unum debile infirmo capite, alterum firmum sine capite; huic, si ita de se meritum esset, caput se vivo non defuturum. senatus frequens neque tamen satis severe pro rei indignitate decrevit; nam partim ideo fortes in decernendo non erant, quia nihil timebant, partim, quia ⟨omnia.⟩ e senatu triumphans gaudio quem omnino vivum illinc exire non oportuerat, praesertim cum idem ille in eodem ordine paucis diebus ante Catoni, fortissimo viro, iudicium minitanti ac denuntianti respondisset, si quod esset in suas fortunas incendium excitatum, id se non aqua sed ruina restincturum.
52. Being influenced then by these facts, and knowing that men who were already associated in a conspiracy were being brought down by Catiline into the Campus Martius, armed with swords, I myself descended into the campus with a guard of brave men, and with that broad and shining breastplate, not in order to protect me, (for I knew that Catiline would aim at my head and neck, not at my chest or body,) but in order that all good men might observe it, and, when they saw their consul in fear and in danger, might as they did, throng together for my assistance and protection. Therefore, as, O Servius, men thought you very remiss in prosecuting the contest, and saw Catiline inflamed with hope and desire, all who wished to repel that pest from the republic immediately joined the party of Murena.
52. tum rebus commotus et quod homines iam tum coniuratos cum gladiis in campum deduci a Catilina sciebam, descendi in campum cum firmissimo praesidio fortissimorum virorum et cum illa lata insignique lorica, non quae me tegeret — etenim sciebam Catilinam non latus aut ventrem sed caput et collum solere petere — verum ut omnes boni animadverterent et, cum in metu et periculo consulem viderent, id quod est factum, ad opem praesidiumque concurrerent. cum te, Servi, remissiorem in petendo putarent, Catilinam et spe et cupiditate inflammatum viderent, omnes qui illam ab re publica pestem depellere cupiebant ad Murenam se statim contulerunt.
53. And in the consular comitia the sudden inclination of men's feelings is often of great weight, especially as, in this case, it took the direction of a very gallant man, who was assisted by many other concurrent aids in his application for the office. He was born or a most honourable father and ancestors; he had passed his youth in a most modest manner; he had discharged the office of a lieutenant with great credit; he had been praetor, as such he had been approved as a judge; he had been popular through his liberality; be had been highly honoured in his province; he had been very diligent in his canvass, and had carried it on so as neither to give way if any one threatened him, nor to threaten any one himself. Can we wonder that the sudden hope which Catiline now entertained of obtaining the consulship was a great assistance to this man?
53. Magna est autem comitiis consularibus repentina voluntatum inclinatio, praesertim cum incubuit ad virum bonum et multis aliis adiumentis petitionis ornatum. cum honestissimo patre atque maioribus, modestissima adulescentia, clarissima legatione, praetura probata in iure, grata in munere, ornata in provincia petisset diligenter, et ita petisset ut neque minanti cederet neque cuiquam minaretur, huic mirandum est magno adiumento Catilinae subitam spem consulatus adipiscendi fuisse?
54. The third topic which I have got to speak about refers to the charge of bribery; which has been already entirely refuted by those who have spoken before me, but which must still be discussed by me, since such is the will of Murena. And while speaking on this point, I will reply to what Postumius, my own intimate friend, a most accomplished man, has said about the trials of agents, and about sums of money which he asserts have been found; and to what Servius Sulpicius, that able and virtuous young man, has said about the centuries of the knights; and to what Marcus Cato, a man eminent in every kind of virtue, has said about his own accusation, about the resolution of the senate, and about the republic in general.
54. mihi tertius ille locus est relictus orationis, de ambitus criminibus, perpurgatus ab eis qui ante me dixerunt, a me, quoniam ita Murena voluit, retractandus; quo in loco ⟨C.⟩ Postumo, familiari meo, ornatissimo viro, de divisorum indiciis et de deprehensis pecuniis, adulescenti ingenioso et bono, Ser. Sulpicio, de equitum centuriis, M.Marco Catoni, homini in omni virtute excellenti, de ipsius accusatione, de senatus consulto, de re publica respondebo.
55. But first of all I will say a little, which has just occurred to me, about the hard fortune of Lucius Murena. For I have often before now, O judges, judging both by the miseries of others, and by my own daily cares and labours, considered those men fortunate, who, being at a distance from the pursuits of ambition, have addicted themselves to ease and tranquillity of life; and now especially I am so affected by these serious and unexpected dangers of Lucius Murena, that I am unable adequately to express my pity for the common condition of all of us, or for his particular state and fortune; who while, after an uninterrupted series of honours attained by his family and his ancestors, he was endeavouring to mount one step higher in dignity, has incurred the danger of losing both the honours bequeathed to him by his forefathers, and those too which have been acquired by himself, and now, on account of his pursuit of this new honour, is brought into the danger of losing his ancient fortune also.
55. pauca quae meum animum repente moverunt prius de L.Lucii Murenae fortuna conquerar. cum saepe antea, iudices, et ex aliorum miseriis et ex meis curis laboribusque cotidianis fortunatos eos homines iudicarem qui remoti a studiis ambitionis otium ac tranquillitatem vitae secuti sunt, tum vero in his L.Lucii Murenae tantis tamque improvisis periculis ita sum animo adfectus ut non queam satis neque communem omnium nostrum condicionem neque huius eventum fortunamque miserari. primum, dum ex honoribus continuis familiae maiorumque suorum unum ascendere gradum dignitatis conatus est, venit in periculum ne et ea quae ⟨ei⟩ relicta, et haec quae ab ipso parta sunt amittat, deinde propter studium novae laudis etiam in veteris fortunae discrimen adducitur.
56. And as these are weighty considerations, O judges, so is this the most serious matter of all, that he has men for accusers who, instead of proceeding to accuse him on account of their private enmity against him, have become his personal enemies, being carried away by their zeal for their accusation. For, to say nothing of Servius Sulpicius, who, I am aware, is influenced not by any wrong done by Lucius Murena, but only by the party spirit engendered by the contest for honour, his father's friend, Cnaeus Postumius, is his accuser, an old neighbour and intimate friend of his own, as he says himself; who has mentioned many reasons for his intimacy with him, while he has not been able to mention one for any enmity towards him. Servius Sulpicius accuses him, the companion of his son,—he, by whose genius all the friends of his father ought to be only the more defended. Marcus Cato accuses him, who, though he has never been in any matter whatever at variance with Murena, yet was born in this city under such circumstances that his power and genius ought to be a protection to many who were even entire strangers to him, and ought to be the ruin of hardly any personal enemy.
56. cum sunt gravia, iudices, tum illud acerbissimum est quod habet eos accusatores, non qui odio inimicitiarum ad accusandum, sed qui studio accusandi ad inimicitias descenderint. ut omittam Servium Sulpicium quem intellego non iniuria L.Lucio Murenae sed honoris contentione permotum, accusat paternus amicus, C.Gaius Postumus, vetus, ut ait ipse, vicinus ac necessarius, qui necessitudinis causas compluris protulit, simultatis nullam commemorare potuit. Ser. Sulpicius, sodalis filius, cuius ingenio paterni omnes necessarii munitiores esse debebant. M.Marcus Cato qui cum a Murena nulla re umquam alienus fuit, tum ea condicione nobis erat in hac civitate natus ut eius opes, ut ingenium praesidio multis etiam alienis, exitio vix cuiquam inimico esse deberet.
57. In the first instance then I will reply to Cnaeus Postumius, who, somehow or other, I know not how, while a candidate for the praetorship, appears to me to be a straggler into the course marked out for the candidates for the consulship, as the horse of a vaulter might escape into the course marked out for the chariot races. And if there is no fault whatever to be found with his competitors, then he has made a great concession to their worth in desisting from his canvass. But if any one of them has committed bribery, then he must look for some friend who will be more inclined to prosecute an injury done to another than one done to himself. … [On the Charges of Postumius and of Servius.]
57. igitur Postumo primum qui nescio quo pacto mihi videtur praetorius candidatus in consularem quasi desultorius in quadrigarum curriculum incurrere. competitores si nihil deliquerunt, dignitati eorum concessit, cum petere destitit; sin autem eorum aliquis largitus est, expetendus amicus est qui alienam potius iniuriam quam suam persequatur. Postumi criminibus, de Servi adulescentis.
58. I come now to Marcus Cato, who is the mainstay and prop of the whole prosecution; who is, however, so zealous and vehement a prosecutor, that I am much more afraid of the weight of his name, than of his accusation. And with respect to this accuser, O judges, first of all I will entreat you not to let Cato's dignity, nor your expectation of his tribuneship, nor the high reputation and virtue of his whole life, be any injury to Lucius Murena. Let not all the honours of Marcus Cato, which he has acquired in order to be able to assist many men, be an injury to my client alone. Publius Africanus had been twice consul, and had destroyed those two terrors of this empire, Carthage and Numantia, when he prosecuted Lucius Cotta. He was a man of the most splendid eloquence, of the greatest good faith, of the purest integrity; his authority was as great almost as that of the Roman people itself, in that empire which had been mainly saved by his means. I have often heard old men say that this very extraordinarily high character of the accuser was of the greatest service to Lucius Cotta. Those wise men who then were the judges in that cause, did not like any one to be defeated in a trial, if he was to appear overwhelmed only by the excessive influence of his adversary.
58. nunc ad M.Marcum Catonem, quod est fundamentum ac robur totius accusationis; qui tamen ita gravis est accusator et vehemens ut multo magis eius auctoritatem quam criminationem pertimescam. quo ego accusatore, iudices, primum illud deprecabor ne quid L.Lucii Murenae dignitas illius, ne quid exspectatio tribunatus, ne quid totius vitae splendor et gravitas noceat, denique ne ea soli huic obsint bona M.Marci Catonis quae ille adeptus est ut multis prodesse possit. Bis consul fuerat P.Publius Africanus et duos terrores huius imperi, Carthaginem Numantiamque, deleverat cum accusavit L. Cottam. in ⟨eo⟩ summa eloquentia, summa fides, summa integritas, auctoritas tanta quanta in imperio populi Romani quod illius opera tenebatur. hoc maiores natu dicere audivi, hanc accusatoris eximiam vim ⟨et⟩ dignitatem plurimum L.Lucio Cottae profuisse. sapientissimi homines qui tum rem illam iudicabant ita quemquam cadere in iudicio ut nimiis adversarii viribus abiectus videretur.
59. What more shall I say? Did not the Roman people deliver Sergius Galba (the fact is preserved in the recollection of every one) from your grandfather, that most intrepid and prosperous man, Marcus Cato, who was zealously seeking his ruin? At all times in this city the whole people, and also the judges, wise men, looking far into futurity, have resisted the overweening power of prosecutors. I do not like an accuser bringing his personal power, or any predominant influence, or his own eminent authority, or his own excessive popularity, into a court of justice. Let all these things have weight to ensure the safety of the innocent, to aid the weak, to succour the unfortunate. But in a case where the danger and ruin of citizens may ensue, let them be rejected.
59. ? Ser. Galbam — nam traditum memoriae ⟨est⟩ — nonne proavo tuo, fortissimo atque florentissimo viro, M.Marco Catoni, incumbenti ad eius perniciem populus Romanus eripuit? in hac civitate nimis magnis accusatorum opibus et populus universus et sapientes ac multum in posterum prospicientes iudices restiterunt. accusator in iudicium potentiam adferat, non vim maiorem aliquam, non auctoritatem excellentem, non nimiam gratiam. haec omnia ad salutem innocentium, ad opem impotentium, ad auxilium calamitosorum, in periculo vero et in pernicie civium repudientur.
60. For if perchance any one should say that Cato would not have come forward as an accuser if he had not previously made up his mind about the justice of the cause, he will then be laying down a most unjust law, O judges, and establishing a miserable condition for men in their danger, if he thinks that the opinion of an accuser is to have against a defendant the weight of a previous investigation legally conducted. I, O Cato, do not venture to find fault with your intentions, by reason of my extraordinarily high opinion of your virtue; but in some particulars I may perhaps be able slightly to amend and reform them. “You are not very wrong,” said an aged tutor to a very brave man; “but if you are wrong, I can set you right.” But I can say with the greatest truth that you never do wrong, and that your conduct is never such in any point as to need correction, but only such as occasionally to require being guided a little. For nature has herself formed you for honesty, and gravity, and moderation, and magnanimity, and justice; and for all the virtues required to make a great and noble man. To all these qualities are added an education not moderate, nor mild, but as it seems to me, a little harsh and severe, more so than either truth or nature would permit.
60. si quis hoc forte dicet, Catonem descensurum ad accusandum non fuisse, nisi prius de causa iudicasset, iniquam legem, iudices, et miseram condicionem instituet periculis hominum, si existimabit iudicium accusatoris in reum pro aliquo praeiudicio valere oportere. tuum consilium, Cato, propter singulare animi mei de tua virtute iudicium vituperare ⟨non possum;⟩ non nulla forsitan conformare et leviter emendare possim. “multa peccas,” inquit ille fortissimo viro senior magister, “sed peccas; te regere possum.” ego non te; verissime dixerim peccare te nihil neque ulla in re te esse huius modi ut corrigendus potius quam leviter inflectendus esse videare. enim te ipsa natura ad honestatem, gravitatem, temperantiam, magnitudinem animi, iustitiam, ad omnis denique virtutes magnum hominem et excelsum. istuc doctrina non moderata nec mitis sed, ut mihi videtur, paulo asperior et durior quam aut veritas aut natura patitur.