But we see that in the nature of things he must have adopted one of these three lines of conduct: he must either have been with Saturninus, or with the good men, or he must have been lying in bed—to lie hid was a state equal to the most infamous death; to be with Saturninus was the act of insanity and wickedness. Virtue, and honour, and shame, compelled him to range himself on the side of the consuls. Do you, therefore, accuse Caius Rabirius on this account, that he was with those men whom he would have been utterly mad to have opposed, utterly infamous if he had deserted them? But Caius Decianus, whom you often mention, was condemned, because, when he was accusing, with the earnest approval of all good men, a man notorious for every description of infamy, Publius Furius, he dared to complain in the assembly of the death of Saturninus. And Sextus Titius was condemned for having an image of Lucius Saturninus in his house. The Roman knights laid it down by that decision that that man was a worthless citizen, and one who ought not to be allowed to remain in the state, who either by keeping his image sought, to do credit to the death of a man who was seditious to such a degree as to become an enemy to the republic, or who sought by pity to excite the regrets of ignorant men, or who showed his own inclination to imitate such villainy.

Therefore it does seem a marvellous thing to me, where you, O Labienus, found thus image which you have. For after Sextus Titius was condemned, no one could be found who would dare to have it in his possession. But if you had heard of that, or if, from your age, you could have known it, you certainly would never have brought that image, which, even when concealed in his house, had brought ruin and exile on Sextus Titius, into the rostrum, and into the assembly of the people; nor would you ever have driven your designs on those rocks on which you had seen the ship of Sextus Titius dashed to pieces, and the fortunes of Caius Decianus hopelessly wrecked. But in all these matters you are erring out of ignorance. For you have undertaken the advocacy of a cause which is older than your own recollections; a cause which was dead before you were born; that cause in which you yourself would have been, if your age had allowed you to be so, you are bringing before this court.

Do you not understand, in the first place, what sort of men, what sort of citizens they were whom, now that they are dead, you are accusing of the greatest wickedness? Are you not aware, how many of those who are still alive, you, by the same accusation, are bringing into peril of their lives? For if Caius Rabirius committed a capital crime in having borne arms against Lucius Saturninus, yet the age which he was then of might furnish him with some excuse by which to secure himself from danger. But how are we to defend Quintus Catulus, the father of this Catulus, a man in whom the very highest wisdom, eminent virtue, and singular humanity were combined? and Marcus Scaurus, a man of great gravity, wisdom, and prudence? or the two Mucii, or Lucius Crassus, or Marcus Antonius, who was at that time outside the city with a guard? all men than whom there was no one of greater wisdom or ability in the whole city; or how are we to defend the other men of equal dignity, the guardians and counselors of the republic, who behaved in the same way, now that they are dead?

What are we to say about those most honourable men and most excellent citizens, the Roman knights, who then combined with the senate in defence of the safety of the republic? What are we to say of the aerarian tribunes, “The tribuni aerarii, who constituted an order in the latter days of the republic, and who were, in fact, the representatives of the most respectable plebeians, were originally heads of tribes, who acted as; general inspectors and collectors of the aes militare for the payment of the troops.” “The charge of the treasury was originally entrusted to the quaestors and their assistants, the tribuni aerarii.” “Niebuhr supposes that the tribuni aerani, who occur down to the end of the republic, were only the successors of the tribunes of the tribes.” Vide Smith, Dict. Ant. pp. 19, 20, 987, vv. Aerarii, Aerarium, Tribunus. and of the men of all the other orders in the state, who then took up arms in defence of the common liberties of all? But why do I speak of all those men who obeyed the command of the consuls? What is to become of the reputation of the consuls themselves? Are we to condemn Lucius Flaccus, a man always most diligent in the service of the republic, and in the discharge of his duty as a magistrate, and in his priesthood, and in the religious ceremonies over which he presided, as guilty of nefarious wickedness and parricide, now that he is dead? And are we to mute with hum in this stigma and infamy, after death, the name of even Caius Marius? Are we, I say, to condemn Caius Marius now that he is dead, as guilty of nefarious wickedness, and parricide, whom we may rightly entitle the father of his country, the parent of your liberties, and of this republic?