<TEI xmlns="http://www.tei-c.org/ns/1.0" xmlns:py="http://codespeak.net/lxml/objectify/pytype" py:pytype="TREE"><text xml:lang="lat"><body><div type="translation" xml:lang="eng" n="urn:cts:latinLit:phi0474.phi004.perseus-eng2"><div type="textpart" subtype="section" n="6" resp="perseus"><p>But if I had this cause so deserving, so illustrious, and so important; if either the
            Sicilians had not demanded this of me, or I had not had such an intimate connection with
            the Sicilians; and if I were to profess that what I am doing I am doing for the sake of
            the republic, in order that a man endowed with unprecedented covetousness, audacity, and
            wickedness,—whose thefts and crimes we have known to be most enormous and most infamous,
            not in <placeName key="tgn,7003122">Sicily</placeName> alone, but in <placeName key="tgn,7002733">Achaia</placeName>, in <placeName key="tgn,1000004">Asia</placeName>, in <placeName key="tgn,7002470">Cilicia</placeName>, in <placeName key="tgn,7002611">Pamphylia</placeName>, and even at <placeName key="perseus,Rome">Rome</placeName>, before the eyes of all men,—should be brought to trial by my
            instrumentality, still, who would there be who could find fault with my act or my
            intention?</p></div><milestone n="3" unit="chapter"/><milestone unit="Para"/><div type="textpart" subtype="section" n="7" resp="perseus"><p>What is there, in the name of gods and men! by which I can at the present moment confer
            a greater benefit on the republic? What is there which either ought to be more pleasing
            to the Roman people, or which can be more desirable in the eves of the allies and of
            foreign nations, or more adapted to secure the safety and fortunes of all men? The
            provinces depopulated, harassed, and utterly overturned; the allies and tributaries of
            the Roman people afflicted and miserable, are seeking now not for any hope of safety,
            but for comfort in their destruction.</p></div><div type="textpart" subtype="section" n="8" resp="perseus"><p>They who wish the administration of justice still to remain in the hands of the
            senatorial body, complain that they cannot procure proper accusers; those who are able
            to act as accusers, complain of the want of impartiality in the decisions. In the
            meantime the Roman people, although it suffers under many disadvantages and
            difficulties, yet desires nothing in the republic so much as the restoration of the
            ancient authority and importance to the courts of law. It is from a regret at the state
            of our courts of law that the restoration of the power of the tribunes <note anchored="true">Sulla in his reform of the constitution on the early aristocratic
              principles, left to the tribunes only the <foreign xml:lang="lat">jus
                auxiliandi</foreign>, but deprived them of the right of making legislative or other
              proposals either to the senate or to the comitia without having previously obtained
              the sanction of the Senate. But this arrangement did not last, for Pompeius restored
              them to their former rights. Smith, Dict. Ant. p. 990, v. <foreign xml:lang="lat">Tribunis</foreign>.</note> is so eagerly demanded again. It is in consequence of
            the uncertainty of the courts of law, that another class <note anchored="true">Caius
              Gracchus had procured a law to be passed, that the Roman knights should be the judges;
              and they acted as such for forty years. After his victory over Marius, Sulla made a
              law that the judges should be selected from the senate. This arrangement had lasted
              ten years with the effect mentioned here by Cicero; and Aurelius Cotta was at this
              time proposing a law that the judges should be taken from the senators, knights, and
                <foreign xml:lang="lat">tribuni aerarii</foreign>, jointly.</note> is demanded to
            determine law-suits; owing to the crimes and infamy of the judges, even the office of
            censor, which formerly was used to be accounted too severe by the people, is now again
            demanded, and has become popular and praiseworthy.</p></div><div type="textpart" subtype="section" n="9" resp="perseus"><p>In a time of such licentiousness on the part of the wicked, of daily complaint on the
            part of the Roman people, of dishonour in the courts of law, of unpopularity of the
            whole senate, as I thought that this was the only remedy for these numerous evils, for
            men who were both capable and upright to undertake the cause of the republic and the
            laws, I confess that I, for the sake of promoting the universal safety, devoted myself
            to upholding that part of the republic which was in the greatest danger.</p></div><div type="textpart" subtype="section" n="10" resp="perseus"><p>Now that I have shown the motives by which I was influenced to undertake the cause, I
            must necessarily speak of our contention, that, in appointing an accuser, you may have
            some certain line of conduct to follow. I understand the matter thus, O judges:—when any
            man is accused of extortion, if there be a contest between any parties as to who may
            best be entrusted with the prosecution, these two points ought to be regarded most
            especially; first, whom they, to whom the injury is said to have been done, wish most to
            be their counsel; and secondly, whom he, who is accused of having done those injuries,
            would least wish to be so.</p></div></div></body></text></TEI>