general a wish of the Roman people? 11 Let them venture. We will find, if we are able to bring that fellow alive before another tribunal, men to whom we can prove that he in his quaestorship embezzled the public money which was given to Cnaeus Carbo the consul; men whom we can persuade that he got money under false pretences from the quaestors of the city, as you have learnt in my former pleadings. There will be some men, too, who will blame his boldness in having released some of the contractors from supplying the corn due to the public, when they could make it for his own interest. There will even, perhaps, be some men who will think that robbery of his most especially to be punished, when he did not hesitate to carry off out of the most holy temples and out of the cities of our allies and friends, the monuments of Marcus Marcellus and of Publius Africanus, which in name indeed belonged to them, but in reality both belonged and were always considered to belong to the Roman people.
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12Suppose he has escaped from the court about peculation. Let him think of the generals of the enemy, for whose release he has accepted bribes; let him consider what answer he can make about those men whom he has left in his own house to substitute in their places;[1] let him consider not only how he can get over our accusation, but also how he can remedy his own confession. Let him recollect that, in the former pleadings, being excited by the adverse and hostile shouts of the Roman people, he confessed that he had not caused the leaders of the pirates to be executed; and that he was afraid even then that it would be imputed to him that he had released them for money. Let him confess that, which cannot be denied, that he, as a private individual, kept the leaders of the pirates alive and unhurt in his own house, after he had returned to Rome, as long as he could do so for me. If in the case of such a prosecution for treason it was lawful for him to do so, I will admit that it was proper. Suppose he escapes from this accusation also; I will proceed to that point to which the Roman people has long been inviting me. 13For it thinks that the decision concerning the rights to freedom and to citizenship belong to itself; and it thinks rightly. Let that fellow, forsooth, break down with his evidence the intentions of the senators--let him force his way through the questions of all men—let him make his escape from your severity; believe me, he will be held by much tighter chains in the hands of the Roman people. The Roman people will give credit to those Roman knights who, when they were produced as witnesses before you originally, said that a Roman citizen, one who was offering honourable men as his bail, was crucified by him in their sight. 14The whole of the thirty-five tribes will believe a most honourable and accomplished man, Marcus Annius, who said, that when he was present, a Roman citizen perished by the hand of the executioner. That most admirable man Lucius Flavius, a Roman knight, will be listened to by the Roman people, who gave in evidence that his intimate friend Herennius, a merchant from Africa, though more than a hundred Roman citizens at Syracuse knew him, and defended him in tears, was put to death by the executioner. Lucius Suetius, a man endowed with every accomplishment, speaks to them with an honesty and authority and conscientious veracity which they must trust; and he said on his oath before you that many Roman citizens had been most cruelly put to death, with every circumstance of violence, in his stone-quarries. When I am conducting this cause for the sake of the Roman people from this rostrum, I have no fear that either any violence can be able to save him from the votes of the Roman people, or that any labour undertaken by me in my aedileship can be considered more honourable or more acceptable by the Roman people.
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15Let, therefore, every one at this trial attempt everything. There is no mistake now which any one can make in this cause, O judges, which will not be made at your risk. My own line of conduct, as it is already known to you in what is past, is also provided for, and resolved on, in what is to come. I displayed my zeal for the republic at that time, when, after a long interval, I reintroduced the old custom, and at the request of the allies and friends of the Roman people, who were, however, my own most intimate connections, prosecuted a most audacious man. And this action of mine most virtuous and accomplished men (in which number many of you were) approved of to such a degree, that they refused the man who had been his quaestor, and who, having been offended by him, wished to prosecute his own quarrel against him, leave not only to prosecute the man himself, but even back the accusation against him, when he himself begged to do so. 16I went into Sicily for the sake of inquiring into the business, in which occupation the celerity of my return showed my industry; the multitude of documents and witnesses which I brought with me declared my diligence; and I further showed my moderation and scrupulousness, in that when I had arrived as a senator among the allies of the Roman people, having been quaestor in that province, I, though the defender of the common cause of them all, lodged rather with my own hereditary friends and connections, than those who had sought that assistance from me. My arrival was no trouble nor expense to any one, either publicly or privately. I used in the inquiry just as much power as the law gave me, not as much as I might have had through the zeal of those men whom that fellow had oppressed. 17When I returned to Rome from Sicily, when he and his friends, luxurious and polite men, had disseminated reports of this sort, in order to blunt the inclinations of the witnesses,—such as that I had been seduced by a great bribe from proceeding with a genuine prosecution; although it did not seem probable to any one, because the witnesses from Sicily were men who had known me as a quaestor in the province; and as the witnesses from Rome were men of the highest character, who knew every one of us thoroughly, just as they themselves are known; still I had some apprehension lest any one should have a doubt of my good faith and integrity, till we came to striking out the objectionable judges.
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I knew that in selecting the judges, some men, even within my own recollection, had not avoided the suspicion of a good understanding with the opposite party, though their industry and diligence was being proved actually in the prosecution of them. 18I objected to objectionable judges in such a way that this is plain,—that since the republic has had that constitution which we now enjoy, no tribunal has ever existed of similar renown and dignity. And this credit that fellow says that he shares in common with me; since when he rejected Publius Galba as judge, he retained Marcus Lucretius; and when, upon this, his patron asked him why he had allowed his most intimate friends Sextus Paeduceus, Quintus Considius, and Quintus Junius, to be objected to, he answered, because he knew them to be too much attached to their own ideas and opinions in coming to a decision. 19And so when the business of objecting to the judges was over, I hoped that you and I had now one common task before us. I thought that my good faith and diligence was approved of, not only by those to whom I was known, but even by strangers. And I was not mistaken: for in the comitia for my election, when that man was employing boundless bribery against me, the Roman people decided that his money, which had no influence with me when put in opposition to my own good faith, ought to have no influence with them to rob me of my honour. On the day when you first, O judges, were summoned to this place, and sat in judgment on this criminal, who was so hostile to your order, who was so desirous of a new constitution, of a new tribunal and new judges, as not to be moved at the sight of you and of your assembled body? 20When on the trial your dignity procured me the fruit of my diligence, I gained thus much,—that in the same hour that I began to speak, I cut off from that audacious, wealthy, extravagant, and abandoned criminal, all hope of corrupting the judges; that on the very first day, when such a number of witnesses had been brought forward, the Roman people determined that If he were acquitted, the republic would no longer exist; that the second day took away from his friends, not only all hope of victory, but even all inclination to make any defence; that the third day prostrated the man so entirely, that, pretending to be sick, he took counsel, not what reply he could make, but how he could avoid making any; and after that, on the subsequent days, he was so oppressed and overwhelmed by these accusations, by these witnesses,