<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="frMed"><p><milestone unit="para"/> [What <note anchored="true">This passage is an addition of Beier from a Milan MS. inserted in
     the same way by Orellius.</note> was the use of bringing forward foreign evidence,] when his
    domestic life and his natural disposition was notorious? Therefore, I will not, O Decimus
    Laelius, allow you to assume this law and this condition as applicable to yourself and to the
    rest for the future, and to us at present; [so as to lay down a rule that we are to accommodate
    our defences to the will of the prosecutors, and not come to those assertions to which our cause
    of itself leads us.] 
   <milestone unit="para"/>When you have branded his youth, when you have stigmatized the rest of his life with stains of
    infamy, when you have brought forward the ruin of his private affairs and his disgrace in the
    city, and his vices and crimes in Spain and Gaul and Cilicia, and Crete, in which provinces he
    lived in no great obscurity, then we shall hear what the people of Tmolus and the Lorymeni think
    of Lucius Flaccus. But the man whom so many and such influential provinces wish to be
    saved,—whom many citizens from all parts of Italy defended, being bound to him by intimate
    connection and old friendship,—whom this the common country of us all holds fast in her embrace,
    on account of her fresh recollection of his great services,—him, even if all Asia demands him
    for punishment, I will defend,—his enemies I will resist. What if it is not all Asia that
    demands him, nor the best part of it nor even any part without bribery, nor of its own accord,
    nor rightly, nor in a manner according to custom, nor with truth, nor with any conscientious
    regard to justice or honesty? If it duly demands him because it has been persuaded, and tampered
    with, and excited, and compelled to do so,—if it has backed this prosecution with its name
    impiously, and rashly, and covetously, and with great inconsistency, speaking only by the mouth
    of the most needy witnesses, and if the province itself has no grounds to complain with truth of
    any injuries done by him; still, O judges, will these statements, <pb n="428"/> heard with
    reference to a very brief epoch diminish the credit due to actions which we really know,
    extending over a long period of time?
   <milestone unit="para"/>I, therefore, as his defender, will preserve this order which his enemy avoids; and I will
    pursue and follow up the prosecutor, and of my own accord I will demand the accusation from our
    adversary. What is it, O Laelius? Have you at any time been able to stigmatize the youth of
    Lucius Flaccus, who has passed his time, not in the shade, nor in the common pursuits and
    training of those his age? In truth, even as a boy he went with his father, the consul, to the
    wars; and yet, even as to this very fact you accused him of something because [something <note anchored="true">This passage is an addition of Beier from a Milan MS. inserted in the same way
     by Orellius.</note> appeared able to be said so as to excite suspicion.] </p></div><milestone n="3" unit="chapter"/><div type="textpart" subtype="section" n="6" resp="perseus"><p><milestone unit="para"/>With what charges, then, O Laelius, do you attack my client being such a man as he is? He was
    in Cilicia a military tribune when Publius Servilius was the general; not a word is said about
    that. He was quaestor to Marcus Piso in Spain; not a word has been uttered about his
    quaestorship. He was present at the greater part of the Cretan war, and went through all its
    hardships in the company of that consummate general. The accusation is dumb with regard to this
    period. His discharge of his duties as judge during his praetorship,—a business of great
    intricacy, and affording numberless causes for suspicion and enmities, is not touched. Nay more,
    though it fell in a most critical and perilous time of the republic, it is praised even by his
    enemies. “Oh, but damaging evidence has been given against him.” Before I say by whom it was
    given, by what hopes, by what violence, by what means the witnesses were urged on, and what
    insignificant, needy, treacherous, audacious men they were, I will speak of their whole class,
    and of the condition in which all of us are placed. In the name of the immortal gods, O judges,
    will you ask of unknown witnesses in what way the man decided trials in Asia, who the year
    before had sat as judge at Rome? And will you yourselves form no conjectures on the subject? In
    a jurisdiction so various, many decrees were issued,—many desires of influential men were set at
    nought; and yet, what words, (I will not say of suspicion, for that is often false, but) of
    anger or indignation were ever once uttered against him?</p></div><div type="textpart" subtype="section" n="7" resp="perseus"><p>And is that man to be put on his trial
    for covetousness, who, when employed on a business affording numerous opportunities for such
    conduct, shunned all base gain,—who, in a city much given to evil speaking, and in an office
    surrounded with suspicion avoided, not only all accusation, but even a single hard name? I pass
    over points which I ought not to pass over that in his private affairs no covetous action, no
    eagerness about money matters, no sordid conduct in the management of his estate can be alleged
    against him. By what witnesses, then, can I refute these men except by you? </p></div><div type="textpart" subtype="section" n="8" resp="perseus"><p> Shall that villager from near Tmolus,—a man not only a stranger to us, but not
    even known among his own neighbours,—teach you what sort of a man Lucius Flaccus is, whom you
    yourselves have known to be most modest as a youth, whom our most extensive provinces have found
    to be a most conscientious man and whom our armies know by experience to be a thoroughly brave
    soldier and vigilant general, and of a lieutenant and quaestor most moderate; whom you
    yourselves, being witnesses on the spot of his conduct, have judged to be a thoroughly wise and
    consistent senator, a most upright praetor, and a citizen wholly devoted to the republic.
     </p></div><milestone n="4" unit="chapter"/><div type="textpart" subtype="section" n="9" resp="perseus"><p><milestone unit="para"/>Will you then listen to others as witnesses on those points, respecting which you yourselves
    ought rather to bear witness to others? And what witnesses are they? In the first place, I will
    say that they are Greeks, (that is the case of them all.) Not that I, for my own part, would be
    more inclined than others to refuse credit to that nation; for if ever there was any one of our
    countrymen not averse to that race of men, and proving himself so by zeal and good-will, I think
    that I am that man, and that I was so even more when I had more leisure; but there are in that
    body many virtuous, many learned, many modest men, and they have not been brought hither to this
    trial. There are also many impudent, illiterate, worthless persons, and those I see here,
    impelled by various motives. But I say this of the whole race of Greeks; I allow them learning,
    I allow them a knowledge of many arts; I do not deny them wit in conversation, acuteness of
    talents, and fluency in speaking; even if they claim praise for other sorts of ability, I will
    not make any objection; but a scrupulous regard to truth in giving their evidence is not a
    virtue that that nation has ever cultivated; they are utterly ignorant what is the meaning of
    that quality, they know nothing of its authority or of its weight. </p></div></div></body></text></TEI>