*49* But while there are occasions of many kinds that call for
eloquence, and while many young men in our republic have obtained
distinction by their speeches in the courts, in the popular assemblies,
and in the senate, yet it is the speeches before our courts that excite
the highest admiration.
#Prosecution _vs._ defence.#
The classification of forensic speeches also is a twofold one: they are
divided into arguments for the prosecution and arguments for the
defence. And while the side of the defence is more honourable, still
that of the prosecution also has very often established a reputation. I
spoke of Crassus a moment ago; Marcus Antonius, when a youth, had the
same success. A prosecution brought the eloquence of Publius Sulpicius
into favourable notice, when he brought an action against Gaius
Norbanus, a seditious and dangerous citizen. *50* But this should not be
done often--never, in fact, except in the interest of the state (as in
the cases of those above mentioned) or to avenge wrongs (as the two
Luculli, for example, did) or for the protection of our provincials (as
I did in the defence of the Sicilians, or Julius in the prosecution of
Albucius in behalf of the Sardinians). The activity of Lucius Fufius in
the impeachment of Manius Aquilius is likewise famous. This sort of
work, then, may be done once in a lifetime, or at all events not often.
But if it shall be required of anyone to conduct more frequent
prosecutions, let him do it as a service to his country; for it is no
disgrace to be often employed in the prosecution of her enemies. And
yet a limit should be set even to that. For it requires a heartless man,
it seems, or rather one who is well-nigh inhuman, to be arraigning one
person after another on capital charges.[AP] It is not only fraught with
danger to the prosecutor himself, but is damaging to his reputation, to
allow himself to be called a prosecutor. Such was the effect of this
epithet upon Marcus Brutus, the scion of a very noble family and the son
of that Brutus who was an eminent authority in the civil law.
#Spare the innocent; defend the guilty.#
Public-domain text, read in full here on John Shaqi.
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