[63]
And Sulla is accused by Lucius Caecilius, in
that business in which both of them deserve praise. In the first place Caecilius, for having
proposed a law in which he appeared to wish to rescind an unjust decision; and Sulla, who
reproved him, and chose to abide by the decision. For the constitution of the republic derives
its principal consistency from formal legal decisions. Nor do I think that any one ought to
yield so much to his love for his brother as to think only of the welfare of his own
relations, and to neglect the common safety of all. He did not touch the decision already
given, but he took away the punishment for bribery which had been lately established by recent
laws. And, therefore, by this motion he was seeking, not to rescind a decision, but to correct
a defect in the law. When a man is complaining of a penalty, it is not the decision with which
he is finding fault but the law. For the conviction is the act of judges, and that is let
stand; the penalty is the act of the law, and that may be lightened.
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