Atqui in talibus rebus aliud utile interdum, aliud honestum videri
solet. *75* Falso; nam eadem utilitatis, quae honestatis, est regula.
*(75)* Qui hoc non perviderit, ab hoc nulla fraus aberit, nullum
facinus. Sic enim cogitans: "Est istuc quidem honestum, verum hoc
expedit," res a natura copulatas audebit errore divellere, qui fons est
fraudium, maleficiorum, scelerum omnium.
[330] _haec_ c. Edd.; _hoc_ B H a b.
[331] _turpem notam temporum nomen illorum_ H a (_turpe_) b,
Bt.; excl. _nomen illorum_ Victorius, Ed.; _turpe nomen
illorum temporum_ c.
[332] _propulsat_ cod. Bern., O., Edd.; _propulsat a suis_
Edd.
*73* XVIII. Let us put our principle to the test, if you please, and see
if it holds good in those instances in which, perhaps, the world in
general finds no wrong; for in this connection we do not need to discuss
cut-throats, poisoners, forgers of wills, thieves, and embezzlers of
public moneys, who should be repressed not by lectures and discussions
of philosophers, but by chains and prison walls; but let us study here
the conduct of those who have the reputation of being honest men.
Certain individuals brought from Greece to Rome a forged will,
purporting to be that of the wealthy Lucius Minucius Basilus. The more
easily to procure validity for it, they made joint-heirs with themselves
two of the most influential men of the day, Marcus Crassus and Quintus
Hortensius. Although these men suspected that the will was a forgery,
still, as they were conscious of no personal guilt in the matter, they
did not spurn the miserable boon procured through the crime of others.
What shall we say, then? Is this excuse competent to acquit them of
guilt? I cannot think so, although I loved the one while he lived, and
do not hate the other now that he is dead. *74* Be that as it may,
Basilus had in fact desired that his nephew Marcus Satrius should bear
his name and inherit his property. (I refer to the Satrius who is the
present patron of Picenum and the Sabine country--and oh, what a
shameful stigma it is upon the times![BM]) And therefore it was not
right that two of the leading citizens of Rome should take the estate
and Satrius succeed to nothing except his uncle's name. For if he does
wrong who does not ward off and repel injury when he can--as I explained
in the course of the First Book--what is to be thought of the man who
not only does not try to prevent wrong, but actually aids and abets it?
For my part, I do not believe that even genuine legacies are moral, if
they are sought after by designing flatteries and by attentions
hypocritical rather than sincere.
#The same standard for expediency as for moral rectitude.#
Public-domain text, read in full here on John Shaqi.
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