<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.phi017.perseus-eng2" subtype="translation"><div type="textpart" subtype="section" n="85" resp="perseus"><p> That alternative remains
    which he did not cease asserting loudly; “that Flaccus ought not, when he was praetor, to have
    attended to his own private concerns, or to have made any mention of the inheritance.” I hear, O
    Lucius Lucullus, that very great inheritances came to you, to you who are about to decide as
    judge on the case of Lucius Flaccus, on account of your exceeding liberality and of the great
    services which you had done your friends, during the time that you were governing the province
    of Asia with consular power. If any one had said that those inheritances belonged to him, would
    you have given them up? You, O Titus Vettius, if any inheritance in Africa comes to you, will
    you abandon it? or, will you retain it as your own, without being liable to the imputation of
    avarice, without any sacrifice of your dignity? “But the possession of the inheritance of which
    we are speaking was demanded in the name of Flaccus, when Globulus was praetor.” Well then, it
    was not any sudden violence, nor the idea of any favourable opportunity, nor force, nor any
    peculiarity of time, nor the possession of command and of the forces which induced Flaccus to
    commit this injury. </p></div><div type="textpart" subtype="section" n="86" resp="perseus"><p><milestone unit="para"/>And, therefore, it is to this point that Marcus Lurco also, a most excellent man, and a great
    friend of mine, has especially addressed the sting of his evidence. He said, that it was not
    becoming for a praetor in his province to claim money from a private individual. Why, I should
    like to know, O Lurco, is it not becoming? It is not becoming to force or extort money, or to
    receive money contrary to the laws; but you will never convince me that it is not becoming to
    claim it, unless you can show that it is not lawful to do so. Is it right to accept of honorary
    lieutenancies for the sake of exacting what is one's due, as you yourselves have done lately,
    and as many good men have often done, (and I, indeed, find no fault with such conduct; I see
    that our allies complain of it;) and, do you think a praetor, if he, being in his province, does
    not abandon an inheritance which comes to him, is not only to be blamed but even to be
    condemned? <milestone n="35" unit="chapter"/><milestone unit="para"/>“But Valeria,” says he, “had given up all her money
    as dower to her husband.” None of those assertions can be admitted, unless you prove that she
    was not under the guardianship of Flaccus. If she was, whatever money on her marriage was
    assigned to her husband without his consent, the assignment is null. </p></div><div type="textpart" subtype="section" n="87" resp="perseus"><p> But still you saw that Lurco was angry with Flaccus, although out of regard to
    his own dignity he was guided by some moderation in giving his evidence. For he did not conceal,
    or think it at all necessary to be silent about the cause of his anger. He complained that his
    freedman had been condemned by Flaccus when he was praetor. O how miserable is the condition of
    those who have the government of provinces! in which diligence is sure to bring enmity;
    carelessness is sure to incur reproach; severity is dangerous; liberality meets only with
    ingratitude. The conversation addressed to one is insidious; the flattery with which one is
    courted is mischievous; the countenance which every one wears towards you is friendly; the
    disposition of numbers is hostile; dislikes are secret; caresses are open; they wait with
    eagerness for the coming praetors, they fawn on those who are present, they abandon and betray
    those who are departing. But let us give over complaining, lest we should seem to be extolling
    our own wisdom in declining all provinces. </p></div><div type="textpart" subtype="section" n="88" resp="perseus"><p><milestone unit="para"/>He sent letters about the steward of Publius Septimius, a man of great accomplishments, which
    steward had committed murder. You might have seen Septimius burning with anger. He allowed (in
    accordance with his edict) an action against a freedman of Lurco to proceed. Lurco is his enemy.
    What then? Was Asia to be abandoned to the freedmen of influential and powerful men? or has
    Flaccus any personal hostility of any sort with your freedmen? or do you hate his severity when
    displayed in your own causes, and in those of your freedmen, though you praise impartiality when
    it is we who are on our trial? <milestone n="36" unit="chapter"/><milestone unit="para"/>But that man Andro, who was stripped of all his property, as you say, has not come forward to
    give his evidence. What if he had? Suppose he had come. </p></div><div type="textpart" subtype="section" n="89" resp="perseus"><p> Caius
    Caecilius was the arbitrator of the settlement come to in that case. How noble, how upright, how
    conscientious a man! Caius Sextilius was a witness to it, the son of Lurco's sister—a modest,
    and consistent, and sensible man. If there was any violence employed in the business, any fraud,
    any fear, any trickery, still who compelled any arrangement to be made at all? who compelled the
    parties to have recourse to an arbitrator? What will you say, if all that money was restored to
    this young man by Lucius Flaccus? if it was claimed by him? if it was collected for him? and if
    this was done through the agency of this Antiochus who is here in court the freedman of this
    youth's father, and a man most highly esteemed by the elder Flaccus? Do we not then seem not
    only to escape from the charge of covetousness, but even to deserve the credit of very
    extraordinary liberality? For he gave up to the young man his relation the whole of their joint
    inheritance, which by law ought to have belonged to both of them in equal shares; and he himself
    touched none of Valeria's property. What he had resolved to do, being influenced by the young
    man's amiable character, and not by the great amount of his patrimony, that he not only did, but
    did most liberally and courteously. From which it ought to be understood that he had not taken
    the money in violation of the laws, when he was so very liberal in abandoning the inheritance.
     </p></div></div></body></text></TEI>