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28. [63]

For, what reason is there why the intimate friendship of Caesar should not avail to procure this my client the highest praise rather than the very slightest injury? Caesar knew him when a young man; he, that most able man, thought highly of him, and though he had a most excessive multitude of friends, Balbus was accounted by him one of his most intimate friends of all. In his praetorship and in his consulship he appointed him prefect of the engineers; he thought highly of his prudence, he loved him for his integrity, he was grateful to him for his constant assistance and attention. He was at different times the partner of very many of his labours; he is perhaps even now the partaker of some of his benefits. And if they are to be an injury to my client in your judgment, I do not see what is ever to be an advantage to any one before such judges. [64]

But since Caius Caesar is a great distance off, and is now in those places which, if we regard their situation, are the boundaries of the world, or, if we regard his exploits, of the Roman empire, do not, I entreat you, in the name of the immortal gods, O judges, do not allow such bitter news to be taken to him, as that his own prefect of engineers, the man of all others most dear to and most intimate with him, is crushed by your decision, not on account of any offence of his own, but because of his intimacy with him. Pity the man who is now before the court at his own peril, not on account of any offence of his own, but because of the action of this great and most illustrious man,—who is contesting not any charge which is brought against him, but a point of public law and of general interest. And if Cnaeus Pompeius, and Publius Crassus, and Quintus Metellus, and Cnaeus Pompeius the father of this man, and Lucius Sulla, and Marcus Crassus, and Caius Marius, and the senate and people of Rome and all those who have ever given a decision under similar circumstances and the federate states, and the allies and those ancient men of the Latin tribes whom I have mentioned are all ignorant of this law, consider whether it may not be more advantageous and honourable for you to err with those men for your guides than to be rightly instructed with this man for your teacher.

But if you see that you are now come to a decision about a law which is certain and clear and advantageous and well established and determined, then beware of establishing any new principle in a case which has been so loud and so repeatedly decided on. [65] And at the same time, O judges, place all these considerations before you:—first of all, that all those most illustrious men who have ever given any man of a federate city the freedom of this city are now on their trial after death; secondly, that the senate is so too, which has repeatedly decided in favour of such an act and the people which has voted it and the judges who have approved of it. Then consider this also that Cornelius does live and always has lived in such a manner that though investigations are appointed for every imaginable offence, still he is now brought before the court, not for the sake of any punishment which is sought to be inflicted on his vices, but for that at the rewards which have been conferred on his virtue. Add this consideration also; that you by your decision are about to determine whether you choose that for the future the friendship of illustrious men should be a calamity to men, or an ornament. Lastly of all, O judges, keep this fixed in your minds, that in this action you are about to decide, not on any crime imputed to Lucius Cornelius, but on a kindness shown by Cnaeus Pompeius.


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