<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="56" resp="perseus"><p> And as these are weighty considerations, O judges, so is this the most serious matter of all,
    that he has men for accusers who, instead of proceeding to accuse him on account of their
    private enmity against him, have become his personal enemies, being carried away by their zeal
    for their accusation. For, to say nothing of Servius Sulpicius, who, I am aware, is influenced
    not by any wrong done by Lucius Murena, but only by the party spirit engendered by the contest
    for honour, his father's friend, Cnaeus Postumius, is his accuser, an old neighbour and intimate
    friend of his own, as he says himself; who has mentioned many reasons for his intimacy with him,
    while he has not been able to mention one for any enmity towards him. Servius Sulpicius accuses
    him, the companion of his son,—he, by whose genius all the friends of his father ought to be
    only the more defended. Marcus Cato accuses him, who, though he has never been in any matter
    whatever at variance with Murena, yet was born in this city under such circumstances that his
    power and genius ought to be a protection to many who were even entire strangers to him, and
    ought to be the ruin of hardly any personal enemy. </p></div><milestone unit="para"/><div type="textpart" subtype="section" n="57" resp="perseus"><p>
   In the first instance then I will reply to Cnaeus Postumius, <pb n="358"/> who, somehow or
    other, I know not how, while a candidate for the praetorship, appears to me to be a straggler
    into the course marked out for the candidates for the consulship, as the horse of a vaulter
    might escape into the course marked out for the chariot races. And if there is no fault whatever
    to be found with his competitors, then he has made a great concession to their worth in
    desisting from his canvass. But if any one of them has committed bribery, then he must look for
    some friend who will be more inclined to prosecute an injury done to another than one done to
    himself. <gap reason="lost"/> [On the Charges of Postumius and of Servius.] <milestone n="28" unit="chapter"/></p></div><milestone unit="para"/><div type="textpart" subtype="section" n="58" resp="perseus"><p>
   I come now to Marcus Cato, who is the mainstay and prop of the whole prosecution; who is,
    however, so zealous and vehement a prosecutor, that I am much more afraid of the weight of his
    name, than of his accusation. And with respect to this accuser, O judges, first of all I will
    entreat you not to let Cato's dignity, nor your expectation of his tribuneship, nor the high
    reputation and virtue of his whole life, be any injury to Lucius Murena. Let not all the honours
    of Marcus Cato, which he has acquired in order to be able to assist many men, be an injury to my
    client alone. Publius Africanus had been twice consul, and had destroyed those two terrors of
    this empire, Carthage and Numantia, when he prosecuted Lucius Cotta. He was a man of the most
    splendid eloquence, of the greatest good faith, of the purest integrity; his authority was as
    great almost as that of the Roman people itself, in that empire which had been mainly saved by
    his means. I have often heard old men say that this very extraordinarily high character of the
    accuser was of the greatest service to Lucius Cotta. Those wise men who then were the judges in
    that cause, did not like any one to be defeated in a trial, if he was to appear overwhelmed only
    by the excessive influence of his adversary. </p></div><div type="textpart" subtype="section" n="59" resp="perseus"><p> What more shall
    I say? Did not the Roman people deliver Sergius Galba (the fact is preserved in the recollection
    of every one) from your grandfather, that most intrepid and prosperous man, Marcus Cato, who was
    zealously seeking his ruin? At all times in this city the whole people, and also the judges,
    wise men, looking far into futurity, have resisted the overweening power of prosecutors. I do
    not like an accuser bringing his personal power, or any predominant influence, or his own
    eminent authority, or his own excessive popularity, into a court of justice. Let all these
    things have weight to ensure the safety of the innocent, to aid the weak, to succour the
    unfortunate. But in a case where the danger and ruin of citizens may ensue, let them be
    rejected. </p></div><div type="textpart" subtype="section" n="60" resp="perseus"><p> For if perchance any one should say that Cato would
    not have come forward as an accuser if he had not previously made up his mind about the justice
    of the cause, he will then be laying down a most unjust law, O judges, and establishing a
    miserable condition for men in their danger, if he thinks that the opinion of an accuser is to
    have against a defendant the weight of a previous investigation legally conducted. <milestone unit="para"/><milestone n="29" unit="chapter"/>
   I, O Cato, do not venture to find fault with your intentions, by reason of my extraordinarily
    high opinion of your virtue; but in some particulars I may perhaps be able slightly to amend and
    reform them. “You are not very wrong,” said an aged tutor to a very brave man; “but if you are
    wrong, I can set you right.” But I can say with the greatest truth that you never do wrong, and
    that your conduct is never such in any point as to need correction, but only such as
    occasionally to require being guided a little. For nature has herself formed you for honesty,
    and gravity, and moderation, and magnanimity, and justice; and for all the virtues required to
    make a great and noble man. To all these qualities are added an education not moderate, nor
    mild, but as it seems to me, a little harsh and severe, more so than either truth or nature
    would permit. </p></div></div></body></text></TEI>