<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="41" resp="perseus"><p>
    But in truth, let us allow that these advantages are all equal,—let exertions displayed in the
    forum be allowed to be equal to military achievements,—let the votes of the quiet citizens be
    granted to be of equal weight with those of the I soldiers,—let it be of equal assistance to a
    man to have I exhibited the most magnificent games, and never to have exhibited any at all; what
    then? Do you think that in the praetorship itself there was no difference between your lot and
    that of my client Murena? <milestone unit="para"/><milestone n="20" unit="chapter"/>
   His department was that which we and all your friends desired for you; that namely, of
    deciding the law; a business in which the importance of the business transacted procures great
    credit for a man, and the administration of justice earns him popularity; for which department a
    wise praetor, such as Murena was, avoids giving offence by impartiality in his decisions, and
    conciliates good-will by his good temper in hearing the cases brought before him. It is a very
    creditable employment and very well adapted to gain a man the consulship, being one in which the
    praise of justice, integrity and affability is crowned at the last by the pleasure of the games
    which he exhibits. </p></div><div type="textpart" subtype="section" n="42" resp="perseus"><p> What department was it that your lot gave
    you? A disagreeable and odious one. That of inquiry into peculation, pregnant on the one side
    with the tears and mourning apparel of the accused, full on the other side of imprisonment and
    informers. In that department of justice judges are forced to act against their will, are
    retained by force contrary to their inclination. The clerk is hated, the whole body is
    unpopular. The gratifications given by Sulla are found fault with. Many brave men,—indeed, a
    considerable portion of the city is offended; damages are assigned with severity. The man who is
    pleased with the decision soon forgets it; he who loses his cause is sure to remember it.
    Lastly, you would not go to your province. I cannot find fault with that resolution in you,
    which, both as praetor and consul, I have adopted in my own case. But still Lucius Murena's
    conduct in his province procured him the affection of many influential men, and a great
    accession of reputation. On his road he held a levy of troops in Umbria. The republic enabled
    him to display his liberality, which he did so effectually as to engage in his interest many
    tribes which are connected with the municipalities of that district. And in Gaul itself, he
    contrived by his equity and diligence to enable many of our citizens to recover debts which they
    had entirely despaired of. In the meantime you were living at Rome, ready to help your friends.
    I confess that—but still recollect this, that the inclinations of some friends are often cooled
    towards those men by whom they see that provinces are despised. <milestone n="21" unit="chapter"/></p></div><milestone unit="para"/><div type="textpart" subtype="section" n="43" resp="perseus"><p>
   And since I have proved, O judges, that in this con-test for the consulship Murena had the
    same claims of worth that Sulpicius had, accompanied with a very different fortune as respects
    the business of their respective provinces, I will say more plainly in what particular my friend
    Servius was inferior; and I will say those things while you are now hearing me,—now that the
    time of the elections is over—which I have often said to him by himself before the affair was
    settled. I often told you, O Servius, that you did not know how to stand for the consulship;
    and, in respect to those very matters which I saw you conducting and advocating in a brave and
    magnanimous spirit, I often said to you that you appeared to me to be a brave senator rather
    than a wise candidate. For, in the first place, the terrors and threats of accusations which you
    were in the habit of employing every day, are rather the part of a fearless man; but they have
    an unfavourable effect on the opinion of the people as regards a man's hopes of getting anything
    from them, and they even disarm the zeal of his friends. Somehow or other, this is always the
    case; and it has been noticed, not in one or two instances only, but in many; so that the moment
    a candidate is seen to turn his attention to provocations, he is supposed to have given up all
    hopes of his election. </p></div><milestone unit="para"/><div type="textpart" subtype="section" n="44" resp="perseus"><p>
   What, then, am I saying? Do I mean that a man is not to prosecute another for any injury which
    he may have received? Certainly I mean nothing of the sort. But the times for prosecuting and
    for standing for the consulship are different. I consider that a candidate for any office,
    especially for the consulship, ought to come down into the forum and <pb n="352"/> into the
    Campus Martius with great hopes, with great courage, and with great resources. But I do not like
    a candidate to be looking about for evidence—conduct which is a sure forerunner of a repulse. I
    do not like his being anxious to marshal witnesses rather than voters. I do not fancy threats
    instead of caresses,—declamation where there should be salutation; especially as, according to
    the new fashion now existing, all candidates visit the houses of nearly all the citizens, and
    from their countenances men form their conjectures as to what spirits and what probabilities of
    success each candidate has. </p></div><div type="textpart" subtype="section" n="45" resp="perseus"><p> “Do you see how gloomy that man
    looks? how dejected? He is out of spirits; he thinks he has no chance; he has laid down his
    arms.” Then a report gets abroad—“Do you know that he is thinking of a prosecution? He is
    seeking for evidence against his competitors; he is hunting for witnesses. I shall vote for some
    one else, as he knows that he has no chance.” The most intimate friends of such candidates as
    that are dispirited and disarmed, they abandon all anxiety in the matter,—they give up a
    business which is so manifestly hopeless, or else they reserve all their labour and influence to
    countenance their friend in the trial and prosecution which he is meditating. <milestone unit="para"/><milestone n="22" unit="chapter"/>
   And, besides all this, the candidate himself cannot devote his whole thoughts, and care, and
    attention, and diligence to his own election; for he has also in his mind the thoughts of his
    prosecution—a matter of no small importance, but in truth of the very greatest. For it is a very
    serious business to be preparing measures by which to deprive a man, especially one who is not
    powerless or without resources—of his rights as a citizen; one who is defended both by himself
    and by his friend,—yes, and perhaps also by strangers. For we all of us naturally hasten to save
    any one from danger; and, if we are not notoriously enemies to them, we tender, even to utter
    strangers, when menaced by danger affecting their station as citizens, the services and zeal
    which are strictly speaking due only to the causes of our friends.</p></div></div></body></text></TEI>