<TEI xmlns="http://www.tei-c.org/ns/1.0" xmlns:py="http://codespeak.net/lxml/objectify/pytype" py:pytype="TREE"><text xml:lang="eng"><body><div type="translation" xml:lang="eng" n="urn:cts:latinLit:phi0474.phi001.perseus-eng2" subtype="translation"><div type="textpart" subtype="section" n="1" resp="perseus"><p>The two things which have the greatest influence in a state,—namely, the
            greatest interest, and eloquence, are both making against us at the present moment; and
            while I am awed <note anchored="true">The Latin is <foreign xml:lang="la">quorum alteram
                  <emph>vereor</emph>, alteram <emph>metuo</emph></foreign>, <foreign xml:lang="la">vereor</foreign> expressing a slighter degree of alarm than <foreign xml:lang="la">metuo</foreign> or <foreign xml:lang="la">timeo</foreign>, and also one arising rather
              from the character and dignity of the adversary, than from any apprehension of
              consequences to oneself.</note> by the one, O Caius Aquillius, I am in fear of the
            other:—I am somewhat awed, apprehending that the eloquence of Quinctius
            Hortensius may embarrass me in speaking; but I am in no slight fear lest the interest of
            Sextus Naevius may injure Publius Quinctius.</p></div><div type="textpart" subtype="section" n="2" resp="perseus"><p>And yet it
            would not seem so disastrous for us that these things should exist in the highest degree
            in the other party, if they existed also to a moderate extent in us; but the fact is,
            that I, who have neither sufficient experience nor much ability, am brought into
            comparison with a most eloquent advocate; and that Publius Quinctius, who has but small
            influence, no riches, and few friends, is contending with a most influential adversary.
             </p></div><div type="textpart" subtype="section" n="3" resp="perseus"><p>And, moreover, we have this additional disadvantage,
            that Marcus Junius, who has several times pleaded this cause before you, O Aquillius, a
            man practised in the conduct of other causes also, and much and frequently concerned in
            this particular one, is at this moment absent, being engaged on his new commission;
              <note anchored="true">It is not known what this <foreign xml:lang="la">legatio</foreign>
              was.</note> and so they have had recourse to me, who, even if I had all other
            requisite qualifications in ever so high a degree, have certainly scarcely had time
            enough to be able to understand so important a business, having so many points of
            dispute involved in it</p></div><div type="textpart" subtype="section" n="4" resp="perseus"><p>so that also, which has been
            used to be an assistance to me in other causes, is wanting to me in this one; for in
            proportion to my want of ability, have I endeavoured to make amends for that want by
            industry, and unless time and space be given to one, it cannot be seen how great his
            industry is. But the greater our disadvantages, O Caius Aquillius, are, with so much the
            more favourable a disposition ought you, and those who are your colleagues in this
            trial, to listen to our words, that the truth, though weakened by many disadvantages,
            may be at last reestablished by the equity of such men as you.</p></div><div type="textpart" subtype="section" n="5" resp="perseus"><p>But if you, being the judge, shall appear to be no protection to a
            desolate and helpless condition against power and influence; if before this tribunal the
            cause is found to depend on interest, not on truth; then indeed there is nothing any
            longer holy and uncontaminated in the state—no hope that the firmness and
            virtue of the judge may counterbalance the lowly condition of any one. But undoubtedly
            before you and your colleagues truth will prevail, or else, if it be driven from this
            place by power and influence, it will not be able to find any place where it can stand.
<milestone n="2" unit="chapter" resp="yonge"/><milestone unit="Para"/>I do not say this, O Caius Aquillius, because I have any doubt of your own good faith
            and constancy, or because Publius Quinctius ought not to have the greatest hopes from
            those whom you have called in as your assessors, being, as they are, among the most
            eminent <note anchored="true">Their names were Lucius Lucilius, Publius Quintilius, and
              Marcus Marcellus; “The <foreign xml:lang="la">judex</foreign> was generally
              aided by advisers learned in the law, (<foreign xml:lang="la">jurisconsulti</foreign>,)
              who were said <foreign xml:lang="la">in concilio adesse</foreign>, but the <foreign xml:lang="la">judex</foreign> alone was empowered to give judgment.” Smith,
              Dict. Ant. v. <foreign xml:lang="la">Judex</foreign>.</note> men in the state.</p></div></div></body></text></TEI>