*51* Again, the following rule of duty is to be carefully observed:
never prefer a capital charge against any person who may be innocent.
For that cannot possibly be done without making oneself a criminal. For
what is so unnatural as to turn to the ruin and destruction of good men
the eloquence bestowed by nature for the safety and protection of our
fellow-men? And yet, while we should never prosecute the innocent, we
need not have scruples against undertaking on occasion the defence of a
guilty person, provided he be not infamously depraved and wicked. For
people expect it; custom sanctions it; humanity also accepts it. It is
always the business of the judge in a trial to find out the truth; it is
sometimes the business of the advocate to maintain what is plausible,
even if it be not strictly true, though I should not venture to say
this, especially in an ethical treatise, if it were not also the
position of Panaetius, that strictest of Stoics. Then, too, briefs for
the defence are most likely to bring glory and popularity to the
pleader, and all the more so, if ever it falls to him to lend his aid to
one who seems to be oppressed and persecuted by the influence of some
one in power. This I have done on many other occasions; and once in
particular, in my younger days, I defended Sextus Roscius of Ameria
against the power of Lucius Sulla when he was acting the tyrant. The
speech is published, as you know.
[AP] A "capital charge" meant to the Roman a charge
endangering a person's _caput_, or civil status. A conviction
on such a charge resulted in his civil degradation and the
loss of his privileges as a Roman citizen.
*52* XV. Sed expositis adulescentium officiis, quae valeant ad gloriam
adipiscendam, deinceps de beneficentia[216] ac de liberalitate dicendum
est; cuius est ratio duplex; nam aut opera benigne fit indigentibus aut
pecunia. Facilior est haec posterior, locupleti praesertim, sed illa
lautior ac splendidior et viro forti claroque dignior. Quamquam enim in
utroque inest gratificandi liberalis voluntas, tamen altera ex arca,
altera ex virtute depromitur, largitioque, quae fit ex re familiari,
fontem ipsum benignitatis exhaurit. Ita benignitate benignitas tollitur;
qua quo in plures usus sis, eo minus in multos uti possis. *53* At qui
opera, id est virtute et industria, benefici et liberales erunt, primum,
quo pluribus profuerint, eo plures ad benigne faciendum adiutores
habebunt, dein consuetudine beneficentiae paratiores erunt et tamquam
exercitatiores ad bene de multis promerendum.
Praeclare in[217] epistula[218] quadam Alexandrum filium Philippus
accusat, quod largitione benivolentiam Macedonum consectetur: "Quae te,
malum!" inquit, "ratio in istam spem induxit, ut eos tibi fideles
putares fore, quos pecunia corrupisses? An tu id agis, ut Macedones non
te regem suum, sed ministrum et praebitorem[219] sperent fore?"
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