<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.phi014.perseus-eng2" subtype="translation"><div type="textpart" subtype="section" n="1" resp="perseus"><p>
   What I entreated of the immortal gods, O judges, according to the manners and institutions of
    our ancestors, on that day when, after taking the auspices in the <foreign xml:lang="lat">comitia
     centuriata</foreign>, <note anchored="true">The <foreign xml:lang="lat">comitia
      centuriata</foreign>, or as they were sometimes called <foreign xml:lang="lat">majora</foreign>, were the assembly in which the people gave their votes according to the
     classification instituted by Servius Tullius; they were held in the Campus Martius without the
     city, and in reference to their military organization they were summoned by the sound of the
     horn, not by the voice of the lictor. All magistrates were elected in these <foreign xml:lang="lat">comitia</foreign>.</note> I declared Lucius Murena to have been elected
    consul,—namely, that that fact might turn out gloriously and happily for me and for my office,
    and for the Roman nation and people,—that same thing do I now pray for from the same immortal
    gods, that the consulship may be obtained by that same man with safety, and that your
    inclinations and opinions may agree with the wishes and suffrages of the Roman people, and that
    that fact may bring to you and to the Roman people peace, tranquillity, ease, and unanimity. And
    if that solemn prayer of the <foreign xml:lang="lat">comitia</foreign>, consecrated under the
    auspices of the consul, has as much power and holy influence as the dignity of the republic
    requires, I pray also that the matter may turn out happily, fortunately, and prosperously to
    those men to whom the consulship was given when I presided over the election. </p></div><milestone unit="para"/><div type="textpart" subtype="section" n="2" resp="perseus"><p>
And as this is the case, O judges, and as all the power of the immortal gods is either
    transferred to, or at all events is shared with you, the same consul recommends him now to your
    good faith who before recommended him to the immortal gods; so that he being both declared
    consul and being defended by the voice of the same man, may uphold the kindness of the Roman
    people to your safety and that of all the citizens. And since in this duty which I have
    undertaken the zeal of my defence has been found fault with by the accusers, and even the very
    fact of my having undertaken the cause at all, before I begin to say anything of Lucius Murena,
    I will say a few words on behalf of myself; not because at this time the defence of my duty
    seems to me more important than that of his safety, but in order that, when what I have done is
    approved of by you, I may be able with the greater authority to repel the attacks of his enemies
    upon his honour, his reputation, and all his fortunes. <milestone n="2" unit="chapter"/></p></div><milestone unit="para"/><div type="textpart" subtype="section" n="3" resp="perseus"><p>
   And first of all I will answer Marcus Cato a man who directs his life by a certain rule and
    system and who most carefully weighs the motives of every duty about my own duty. Cato says it
    is not right that I who have been consul and the very passer <note anchored="true">There had
     been several previous laws against bribery and corruption (<foreign xml:lang="lat">de
      ambitu</foreign>). The <foreign xml:lang="lat">Lex Acilia</foreign>, passed B.C. <date when="-0067">67</date>, imposed a fine on the offending party, with exclusion from the senate
     and from all public offices. The <foreign xml:lang="lat">Lex Tullia</foreign>, passed in
     Cicero's consulship, added banishment for ten years; and, among other restrictions, forbade any
     one to exhibit gladiators within two years of his being a candidate, unless he was required to
     do so on a fixed day by a testator's will.</note> of the law of bribery and corruption and who
    behaved so rigorously in my own consulship should take up the cause of Lucius Murena and his
    reproach has great weight with me and makes me desirous to make not only <pb n="332"/> you, O
    judges, whom I am especially bound to satisfy, but also Cato himself, a most worthy and upright
    man, approve the reasons of my action. By whom then, O Marcus Cato, is it more just that a
    consul should be defended than by a consul? Who can there be, who ought there to be, dearer to
    me in the republic, than he to whom the republic which has been supported by my great labours
    and dangers is delivered by me alone to be supported for the future? For if, in the demanding
    back things which may be alienated, he ought to incur the hazard of the trial who has bound
    himself by a legal obligation, surely still more rightly in the trial of a consul elect, that
    consul who has declared him consul ought most especially to be the first mover of the kindness
    of the Roman people, and his defender from danger. </p></div><milestone unit="para"/><div type="textpart" subtype="section" n="4" resp="perseus"><p> And if, as is accustomed to be done in some states, an
    advocate were appointed to this cause by the public, that man would above all others be assigned
    to one invested with honours as his defender, who having himself enjoyed the same honour,
    brought to his advocacy no less authority than ability. But if those who are being wafted from
    the main into harbour are wont with the greatest care to inform those who are sailing out of
    harbour, of the character of storms, and pirates, and of places, because nature prompts us to
    favour those who are entering on the same dangers which we have passed through, of what
    disposition ought I to be, who after having been much tossed about am now almost in sight of
    land, towards him by whom I see the greatest tempests of the republic about to be encountered?
    Wherefore, if it is the part of a virtuous consul not only to see what is being done, but to
    foresee what is likely to happen, I will show in another place how much it is for the interest
    of the common safety that there should be two consuls in the republic on the first of January.
     </p></div><div type="textpart" subtype="section" n="5" resp="perseus"><p> And if that be the case, then it is not so much my duty which
    ought to summon me to defend the fortunes of a man who is my friend, as the republic which ought
    to invite the consul to the defence of the common safety. 
    <milestone unit="para"/><milestone n="3" unit="chapter"/>
   For as to my having passed a law concerning bribery and corruption, certainly I passed it so
    as not to abrogate that law which I have long since made for myself concerning defending my
    fellow-citizens from dangers. If, indeed, I confessed that a largess had been distributed, and
    were to defend it as having been rightly done, I should be acting wrongly, even if another had
    passed the law; but when I am saving in defence that nothing has been done contrary to law; then
    what reason is there that my having passed the law should he an obstacle to my undertaking the
    defence? </p></div></div></body></text></TEI>