4.
But if there be any occasion on which it is proper to slay a
man,—and there are many such,—surely that occasion is
not only a just one, but even a necessary one, when violence is offered, and
can only be repelled by violence. When a military tribune offered violence
to a soldier in the army of Caius Marius, the kinsman of that commander was
slain by the man whom he was insulting; for the virtuous youth chose to act
though with danger, rather than to suffer infamously; and his illustrious
commander acquitted him of all guilt, and treated him well.
[10]
But what death can be unjust when inflicted on a
secret plotter and robber?
What is the meaning of our retinues, what of our swords? Surely it would
never be permitted to us to have them if we might never use them. This,
therefore, is a law, O judges, not written, but born with
us,—which we have not learnt or received by tradition, or read,
but which we have taken and sucked in and imbibed from nature herself; a law
which we were not taught but to which we were made,—which we were
not trained in, but which is ingrained in us,—namely, that if our
life be in danger from plots, or from open violence, or from the weapons of
robbers or enemies, every means of securing our safety is honourable.
[11]
For laws are silent when arms are
raised, and do not expect themselves to be waited for, when he who waits
will have to suffer an undeserved penalty before he can exact a merited
punishment.
The law very wisely, and in a manner silently, gives a man a right to defend
himself, and does not merely forbid a man to be slain, but forbids any one
to leave a weapon about him with the object of slaying a man; so that as the
object and not the weapon itself, is made the subject of the inquiry, the
man who had used a weapon with the object of defending himself would be
decided not to have had his weapon about him with the object of killing a
man. Let, then, this principle remembered by you in this
trial, O judges; for I do not doubt that I shall make good my defence before
you, if you only remember—what you cannot forget—that a
plotter against one may be lawfully slain.
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