The Orations of Marcus Tullius Cicero, Volume 4Cicero, Marcus Tullius
History
The Orations of Marcus Tullius Cicero, Volume 4
Cicero, Marcus Tullius
Speeches, addresses, etc., Latin -- Translations into English
Therefore, while deciding on this point, cease to inquire about the
strict letter of the law, and consider the law (as it is reasonable to
do) with reference to the advantage of the republic. For what was more
advantageous for the Thebans than for the Lacedaemonians to be put
down? What object was Epaminondas, the Theban general, more bound
to aim at than the victory of the Thebans? What had he any right to
consider more precious or more dear to him, than the great glory then
acquired by the Thebans, than such an illustrious and magnificent
trophy? Surely, disregarding the letter of the law, it became him to
consider the intention of the framer of the law. And this now has been
sufficiently insisted on, namely, that no law has ever been drawn
up by any one, that had not for its object the benefit of the
commonwealth. He then thought that it was the very extremity of
madness, not to interpret with reference to the advantage of the
republic, that which had been framed for the sake of the safety of the
republic. And it is right to interpret all laws with reference to the
safety of the republic; and if he was a great instrument of the safety
of the republic, certainly it is quite impossible that he by one and
the same action should have consulted the general welfare, and yet
should have violated the laws.
XXXIX. But argumentation consists of four parts, when we either
advance a proposition, or claim an assumption without proof. That it
is proper to do when either the proposition is understood by its own
merits, or when the assumption is self-evident and is in need of no
proof. If we pass over the proof of the proposition, the argumentation
then consists of four parts, and is conducted in this manner:--"O
judges, you who are deciding on your oaths, in accordance with the
law, ought to obey the laws; but you cannot obey the laws unless
you follow that which is written in the law. For what more certain
evidence of his intention could the framer of a law leave behind him,
than that which he himself wrote with great care and diligence? But if
there were no written documents, then we should be very anxious for
them, in order that the intention of the framer of the law might be
ascertained; nor should we permit Epaminondas, not even if he were
beyond the power of this tribunal, to interpret to us the meaning of
the law; much less will we now permit him, when, the law is at hand,
to interpret the intention of the lawgiver, not from that which is
most clearly written, but from that which is convenient for his own
cause. But if you, O judges, are bound to obey the laws, and if you
are unable to do so unless you follow what is written in the law; what
can hinder your deciding that he has acted contrary to the laws?"
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