Plutarch, Cato the Younger
Bernadotte Perrin, Ed.

48. After Pompey had in this way been appointed consul, he begged Cato to come to him in the suburbs. And when Cato was come, Pompey gave him a friendly welcome with salutations and hand-clasps, acknowledged his obligations to him, and invited him to be his counsellor and associate in the government. [2] But Cato replied that he had neither spoken as he did at first out of enmity to Pompey, nor as he afterwards did to win his favour, but in every case in the interests of the state; in private, therefore, upon his invitation, he would be his counsellor, but in public, even without his invitation, he would certainly say what he thought was best. And he did this, as he said he would. [3] In the first place, for instance, when Pompey was proposing to fix by law fresh penalties and heavy punishments for those who had already bribed the people, Cato urged him to ignore the past and give his attention to the future; for, he said, it would not be easy to fix the point at which the investigation of past transgressions should stop, and if penalties should be fixed subsequent to the crimes, those would be outrageously dealt with who were punished in conformity with a law which they were not transgressing when they committed their crime. [4] In the second place, when many prominent men were on trial, some of whom were friends and relations of Pompey, Cato saw that Pompey was giving in and yielding in many cases, and therefore rebuked him sharply and tried to spur him on. Moreover, though Pompey himself had made illegal the customary panegyrics upon men under trial, he wrote a panegyric upon Munatius Plancus and handed it in at his trial; but Cato (who chanced to be one of the jurors) stopped his ears with his hands and prevented the reading of the testimony.¹ [5] Plancus got him removed from the jury after the speeches were over, and was convicted none the less. And altogether Cato was a perplexing and unmanageable quantity for defendants; they neither wished to allow him to be a juror in their cases nor had the courage to challenge him. For not a few of them were convicted because their attempted rejection of Cato made it appear that they had no confidence in the justice of their cases; and some were bitterly assailed by their revilers for not accepting Cato as juror when he was proposed.