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28. [77]

Will you then, O judges, now turn back Publius Sulla into this band of rascals, out of that band of honourable men who are living and have lived as his associates? Will you transfer him from this body of citizens, and from the familiar dignity in which he lives with them, to the party of impious men, to that crew and company of parricides? What then will become of that most impregnable defence of modesty? in what respect will the purity of our past lives be of any use to us? For what time is the reward of the character which a man has gained to be reserved, if it is to desert him at his utmost need, and when he is engaged in a contest in which all his fortunes are at stake—if it is not to stand by him and help him at such a crisis as this? [78] Our prosecutor threatens us with the examinations and torture of our slaves; and though we do not suspect that any danger can arise to us from them, yet pain reigns in those tortures; much depends on the nature of every one's mind, and the fortitude of a person's body. The inquisitor manages everything; caprice regulates much, hope corrupts them, fear disables them, so that, in the straits in which they are placed, there is but little room left for truth.

Is the life of Publius Sulla, then, to be put to the torture? is it to be examined to see what lust is concealed beneath it? whether any crime is lurking under it, or any cruelty, or any audacity? There will be no mistake in our cause, O judges, no obscurity, if the voice of his whole life, which ought to be of the very greatest weight, is listened to by you. [79] In this cause we fear no witness; we feel sure that no one knows, or has ever seen, or has ever heard anything against us. But still, if the consideration of the fortune of Publius Sulla has no effect on you, O judges, let a regard for your own fortune weigh with you. For this is of the greatest importance to you who have lived in the greatest elegance and safety, that the causes of honourable men should not be judged of according to the caprice, or enmity, or worthlessness of the witnesses; but that in important investigations and sudden dangers, the life of every man should be the most credible witness. And do not you, O judges, abandon and expose it, stripped of its arms, and defenceless, to envy and suspicion. Fortify the common citadel of all good men, block up the ways of escape resorted to by the wicked. Let that witness be of the greatest weight in procuring either safety or punishment for a man, which is the only one that, from its own intrinsic nature, can with ease be thoroughly examined, and which cannot be suddenly altered and remodelled.


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