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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