Quod maximum in eo est, id reprehenditis. Non enim suo iudicio stetit,
sed suscepit causam, ut esset iudicium senatus; cui nisi ipse auctor
fuisset, captivi profecto Poenis redditi essent; ita incolumis in patria
Regulus restitisset. Quod quia patriae non utile putavit, idcirco sibi
honestum et sentire illa et pati credidit.
#§ 103#
Nam quod aiunt, quod valde utile sit, id fieri honestum, immo vero esse,
non fieri. Est enim nihil utile, quod idem non honestum, nec, quia
utile, honestum, sed, quia honestum, utile.
Quare ex multis mirabilibus exemplis haud facile quis dixerit hoc
exemplo aut laudabilius aut praestantius.
#Roman strictness.#
*109* XXX. And yet that very thing happened. Titus Veturius and Spurius
Postumius in their second consulship lost the battle at the Caudine
Forks, and our legions were sent under the yoke. And because they made
peace with the Samnites, those generals were delivered up to them, for
they had made the peace without the approval of the people and senate.
And Tiberius Numicius and Quintus Maelius, tribunes of the people, were
delivered up at the same time, because it was with their sanction that
the peace had been concluded. This was done in order that the peace with
the Samnites might be annulled. And Postumius, the very man whose
delivery was in question, was the proposer and advocate of the said
delivery.
Many years later,[CF] Gaius Mancinus had a similar experience: he
advocated the bill, introduced in accordance with a decree of the senate
by Lucius Furius and Sextus Atilius, that he should be delivered up to
the Numantines, with whom he had made a treaty without authorization
from the senate; and when the bill was passed, he was delivered up to
the enemy. His action was more honourable than Quintus Pompey's;
Pompey's situation was identical with his, and yet at his own entreaty
the bill was rejected. In this latter case, apparent expediency
prevailed over moral rectitude; in the former cases, the false semblance
of expediency was overbalanced by the weight of moral rectitude.
#(3) the interests of the state higher than personal advantage;#
*110* "But," they argued against Regulus, "an oath extorted by force
ought not to have been binding." As if force could be brought to bear
upon a brave man!
"Why, then, did he make the journey to the senate, especially when he
intended to plead against the surrender of the prisoners of war?"
Therein you are criticizing what is the noblest feature of his conduct.
For he was not content to stand upon his own judgment but took up the
case, in order that the judgment might be that of the senate; and had it
not been for the weight of his pleading, the prisoners would certainly
have been restored to the Carthaginians; and in that case, Regulus would
have remained safe at home in his country. But because he thought this
not expedient for his country, he believed that it was therefore morally
right for him to declare his conviction and to suffer for it.
Public-domain text, read in full here on John Shaqi.
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