21.
Nor indeed has anything ever had more influence over the minds of guilty men than this
principle of our ancestors, now re-adopted and brought back among us after a long
interval, namely, that the complaints of the allies should be brought to a man who is
not very inactive, and their advocacy undertaken by him who appeared able to defend
their fortunes with integrity and diligence.
[68]
Men are
afraid of this; they endeavour to prevent this; they are disquieted at such a principle
having ever been adopted, and after it has been adopted at its now being resuscitated
and brought into play again. They think that, if this custom begins gradually to creep
on and advance, the laws will be put in execution, and actions will be conducted by
honourable and fearless men, and not by unskillful youths, or informers of this sort.
[69]
Of which custom and principle our fathers and
ancestors did not repent when Publius Lentulus, he who was chief of the Senate,
prosecuted Marcus Aquillius, having Caius Rutilius Rufus backing the accusation; or when
Publius Africanus, a man most eminent for valour, for good fortune, for renown, and for
exploits, after he had been twice consul and had been censor brought Lucius Cotta to
trial Then the name of the Roman people was rightly held in high honour; rightly was the
authority of this empire and the majesty of the state considered illustrious. Nobody
marveled in the case of that great man Africanus, as they now pretend to marvel with
respect to me, a man endowed with but moderate influence and moderate talents, just
because they are annoyed at me;
[70]
“What can
he be meaning? does he want to be considered a prosecutor who hitherto has been
accustomed to defend people? and especially now at the age when he is seeking the
aedileship?” But I think it becomes not my age only, but even a much greater
age, and I think it an action consistent with the highest dignity to accuse the wicked,
and to defend the miserable and distressed. And in truth, either this is a remedy for a
republic diseased and in an almost desperate condition, and for tribunals corrupted and
contaminated by the vices and baseness of a few, for men of the greatest possible honour
and uprightness and modesty to undertake to uphold the stability of the laws, and the
authority of the courts of justice; or else, if this is of no advantage, no medicine
whatever will ever be found for such terrible and numerous evils as these.
[71]
There is no greater safety for a republic, than for those who
accuse another to be no less alarmed for their own credit, and honour, and reputation,
than they who are accused are for their lives and fortunes. And therefore, those men
have always conducted prosecutions with the greatest care and with the greatest pains,
who have considered that they themselves had their reputations at stake.
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