<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" subtype="translation" xml:lang="eng" n="urn:cts:latinLit:phi0474.phi006.perseus-eng2"><div type="textpart" subtype="section" n="1" resp="perseus"><p>Formerly, O judges, I had determined to conduct this cause in a different manner, thinking
      that our adversaries would deny that their household was implicated in such a violent and
      atrocious murder. Accordingly, I came with a mind free from care and anxiety, because I was
      aware that I could easily prove that by witnesses. But now, when it has been confessed, not
      only by that most honourable man, Lucius Quinctius, 
      <add>but when Publius Fabius himself has not hesitated to admit the facts which are the
       subject of this trial, I come forward to plead this cause in quite a different manner from
       that in which I was originally prepared to argue it. For then</add> my anxiety was to be able
      to prove what I asserted had been done. Now all my speech is to be directed to this point, to
      prevent our adversaries from being in a better position, merely because they have admitted
      what they could not possibly deny though they greatly wished to do so. 
					</p></div><div type="textpart" subtype="section" n="2" resp="perseus"><p>Therefore, as matters stood at first your decision was more difficult, but my
      defence was easy. For I originally rested my whole case on the evidence; 
      <add>now I rest it on the confession of my adversary; and to oppose his audacity in acts of
       violence, his impudence in a court of justice, may fairly be considered as the task of your
       power, not of my abilities.—</add> For what is easier than to decide on the case of
      a man who confesses the fact? But it is difficult for me to speak with sufficient force of
      that which cannot be by language made out worse than it is in reality, and cannot be made more
      plain by my speech than it is by the confession of the parties actually concerned.
				  </p></div><div type="textpart" subtype="section" n="3" resp="perseus"><p><milestone unit="para"/>As, therefore, on account of the reasons which I have stated, my system of defence must be
      changed, <add>I must also forget for a little time, in the case of Publius Fabius, that lenity of mine
       which I practiced at the previous trial, when I restrained myself from using any arguments
       which might have the appearance of attacking him, so much that I seemed to be defending his
       reputation</add> with no less care than the cause of Marcus Tullius. Now, since Quinctius has
      thought it not foreign to the subject to introduce so many statements, false for the most part
      and most wickedly invented, concerning the life and habits and character of Marcus Tullius,
      Fabius must pardon me for many reasons, if I do not now appear to spare his character so much,
      or to show the same regard for it now as I did previously.
					</p></div><milestone n="2" unit="chapter"/><div type="textpart" subtype="section" n="4" resp="perseus"><p><add>At the former trial I kept all my stings sheathed; but
       since, in that same previous trial,</add> he thought it a part of his duty to show no
      forbearance whatever to his adversary, how ought I to act, I, a Tullius for another Tullius, a
      man kindred to me in disposition not less than in name? And it seems to me, O judges, that I
      have more need to feel anxious as to whether my conduct will be approved in having said
      nothing against him before, than blamed for the reply I now make to him. 
				  </p></div><div type="textpart" subtype="section" n="5" resp="perseus"><p> But I both did at that time what I ought to have done, and I shall do now
      what I am forced to do. For when it was a dispute about money matters, because we said that
      Marcus Tullius had sustained damage, it appeared foreign to my character to say anything of
      the reputation of Quintus Fabius; not because the case did not open the door to such
      statements. What is my conduct then? Although the cause does require it, still, unless when he
      absolutely compels me against my will, I am not inclined to condescend to speak ill of him.
      Now that I am speaking under compulsion, if I say anything strong, still I will do even that
      with decency and moderation, and only in such a way that, as he could not consider me hostile
      to him at the former trial, so he may now know that I am a faithful and trustworthy friend to
      Marcus Tullius.
				  </p></div></div></body></text></TEI>