I should have been very glad, O judges, if Publius Sulla had been able formerly to retain the honour of the dignity to which he was appointed, and had been allowed, after the misfortune which befell him, to derive some reward from his moderation in adversity. But since his unfriendly fortune has brought it about that he has been damaged, even at a time of his greatest honour, by the unpopularity ensuing not only from the common envy which pursues ambitious men, but also by the singular hatred in which Autronius is held, and that even in this sad and deplorable wreck of his former fortunes, he has still some enemies whose hostility he is unable to appease by the punishment which has fallen upon him; although I am very greatly concerned at his distresses, yet in his other misfortunes I can easily endure that an opportunity should be offered to me of causing virtuous men to recognise my lenity and merciful disposition, which was formerly known to every one, but which has of late been interrupted as it were; and of forcing wicked and profligate citizens, being again defeated and vanquished, to confess that, when the republic was in danger, I was energetic and fearless; now that it is said, I am lenient and merciful.
And since Lucius Torquatus, O judges, my own most intimate friend, O judges, has thought that if he violated our friendship and intimacy somewhat in his speech for the prosecution, he could by that means detract a little from the authority of my defence, I will unite with my endeavours to ward off danger from my client a defence of my own conduct in the discharge of my duty. Not that I would employ that sort of speech at present, O judges, if my own interest alone were concerned, for on many occasions and in many places I have had, and I often shall have, opportunities of speaking of my own credit. But as he, O judges, has thought that the more he could take away from my authority, the more also he would be diminishing my client's means of protection; I also think, that if I can induce you to approve of the principles of my conduct and my wisdom in this discharge of my duty and in undertaking this defence, I shall also induce you to look favourably on the cause of Publius Sulla.
And in the first place, O Torquatus, I ask you this why you should separate me from the other illustrious and chief men of this city, in regard to this duty, and to the right of defending clients? For what is the reason why the act of Quintus Hortensius a most illustrious man and a most accomplished citizen, is not blamed by you, and mine is blamed? For if a design of firing the city, and of extinguishing this empire, and of destroying this city, was entertained by Publius Sulla ought not such projects to raise greater indignation and greater hatred against their authors in me than in Quintus Hortensius? Ought not my opinion to be more severe in such a matter, as to whom I should think fit to assist in these causes, whom to oppose, whom to defend, and whom to abandon? No doubt, says he, for it was you who investigated, you who laid open the whole conspiracy.
And when he says this, he does not perceive that the man who laid it open took care that all
men should see that which had previously been hidden. Wherefore that conspiracy, if it was laid
open by me, is now as evident in all its particulars to Hortensius as it is to me. And when you
see that he, a man of such rank, and authority, and virtue, and
Ought I to be unwilling to appear on these benches on which I see these lights
and ornaments of the republic, when it is only by my own numerous and great labours and dangers
that I have mounted into their rank, and into this lofty position and dignity which I now enjoy?
And that you may understand, O Torquatus, whom you are accusing, if you are offended that I, who
have defended no one on inquiries of this sort do not abandon Publius Sulla, remember also the
other men, whom you see countenancing this man by their presence. You will see that their
opinion and mine has been one and the same about this man's case, and about that of the others.
Who of us stood by Varguntius? No one. Not even this Quintus Hortensius, the very man who had
formerly been his only defender when prosecuted for corruption. For he did not think himself
connected by any bond of duty with that man, when he, by the commission of such enormous
wickedness, had broken asunder the ties of all duties whatever. Who of us countenanced Servius
Sulla? who
No one. Why was that? Because in other causes good men think that they ought not to refuse to defend even guilty men, if they are their own intimate personal friends; but in this prosecution, there would not only be the fault of acting lightly, but there would be even some infection of wickedness which would taint one who defended that man whom he suspected of being involved in the guilt of planning the parricide of his country.
What was the case of Autronius? did not his
companions, did not his own colleagues, did not his former friends, of whom he had at one time
an ample number, did not all these men, who are the chief men in the republic, abandon him? Yes,
and many of them even damaged him with their evidence. They made up their minds that it was an
offence of such enormity, that they not only were bound to abstain from doing anything to
conceal it, but that it was their duty to reveal it, and throw all the light that they were able
upon it.
If this be the character which, on account of all my exploits, you wish now to fix upon my whole life, O Torquatus, you are greatly mistaken. Nature made me merciful, my country made me severe; but neither my country nor nature has ever required me to be cruel. Lastly, that same vehement and fierce character which at that time the occasion and the republic imposed upon me, my own inclination and nature itself has now relieved me of; for my country required severity for a short time, my nature requires clemency and lenity during my whole life.
There is, therefore, no pretence for
your separating me from so numerous a company of most honourable men. Duty is a plain thing, and
the cause of all men is one and the same. You will have no reason to marvel hereafter, whenever
you see me on the same side as you observe these men. For there is no side in the republic in
which I have a peculiar and exclusive property. The time for acting did belong more peculiarly
to me than to the others but the cause of indignation, and fear, and danger was common to us
all. Nor, indeed, could I have been at that time as I was the chief man in providing for the
safety of the state if others had been unwilling to be my companions. Wherefore it is inevitable
that that which, when I was consul, belonged to me especially above all other men, should, now
that I am a private individual, belong to me in common with the rest. Nor do I say this for the
sake of sharing my unpopularity with others, but rather with the object of allowing them to
partake of my praises. I will give a share of my burden to no one;
“You gave evidence against Autronius,” says he, “and you are defending Sulla.” All this, O judges, has this object to prove that if I am an inconstant and fickle-minded man, my evidence ought not to be credited, and my defence ought not to carry any authority with it. But if there is found in me a proper consideration for the republic, a scrupulous regard to my duty, and a constant desire to retain the good-will of virtuous men, then there is nothing which an accuser ought less to say than that Sulla is defended by me, but that Autronius was injured by my evidence against him. For I think that I not only carry with me zeal in defending causes, but also that my deliberate opinion has some weight; which, however, I will use with moderation, O judges, and I would not have used it at all if he had not compelled me.
Two conspiracies are spoken of by you, O Torquatus; one, which is said to have been formed in the consulship of Lepidus and Volcatius, when your own father was consul elect; the other, that which broke out in my consulship. In each of these you say that Sulla was implicated. You know that I was not acquainted with the counsels of your father, a most brave man, and a most excellent consul. You know, as there was the greatest intimacy between you and me, that I knew nothing of what happened, or of what was said in those times; I imagine, because I had not yet become a thoroughly public character, because I had not yet arrived at the goal of honour which I proposed to myself; and because my ambition and my forensic labours separated me from all political deliberations.
Who, then, was present at your counsels? All these men whom you see here, giving Sulla the countenance of their presence; and among the first was Quintus Hortensius—who, by reason of his honour and worth, and his admirable disposition towards the republic, and because of his exceeding intimacy with and excessive attachment to your father, was greatly moved by the thoughts of the common danger, and most especially by the personal peril of your father. Therefore, he was defended from the charge of being implicated in that conspiracy by that man who was present at and acquainted with all your deliberations, who was a partner in all your thoughts and in all your fears; and, elegant and argumentative as his speech in repelling this accusation was, it carried with it as much authority as it displayed of ability. Of that conspiracy, therefore, which is said to have been formed against you, to have been reported to you, and to have been revealed by you, I was unable to say anything as a witness. For I not only found out nothing, but scarcely did any report or suspicion of that matter reach my ears.
They who were your counselors, who became acquainted with these things in your company,—they who were supposed to be themselves menaced with that danger, who gave no countenance to Autronius, who gave most important evidence against him,—are now defending Publius Sulla, are countenancing him by their presence here; now that he is in danger they declare that they were not deterred by the accusation of conspiracy from countenancing the others, but by the guilt of the men. But for the time of my consulship, and with respect to the charge of the greatest conspiracy, Sulla shall be defended by me. And this partition of the cause between Hortensius and me has not been made by chance, or at random, O judges, but as we saw that we were employed as defenders of a man against those accusations in which we might have been witnesses, each of us thought that it would be best for him to undertake that part of the case, concerning which he himself had been able to acquire some knowledge, and to form some opinions with certainty.
And since you have listened attentively to Hortensius, while speaking on the charge respecting
the former conspiracy, now, I beg you, listen to this first statement of mine respecting the
conspiracy which was formed in my consulship.
For what was the cause of Autronius? and what is the cause
of Sulla? The
And in this conspiracy, what union was ever so close as that between Autronius and Catiline, between Autronius and Lentulus? What combination was there ever between any men for the most virtuous purposes, so intimate as his connection with them for deeds of wickedness, lust and audacity?—what crime is there which Lentulus did not plot with Autronius?—what atrocity did Catiline ever commit without his assistance? while, in the meantime, Sulla not only abstained from seeking the concealment of night and solitude in their company, but he had never the very slightest intercourse with them, either in conversation or in casual meetings.
The Allobroges, those who gave us the truest information on the most important
matters, accused Autronius, and so did the letters of many men, and many private witnesses. All
that time no one ever accused Sulla; no one ever mentioned his name. Lastly, after Catiline had
been driven out or allowed to depart out of the city, Autronius sent him arms, trumpets, bugles,
scythes,
On account, therefore, of this great dissimilarity between the men and the cases, I also behaved in a different manner to them both. For Autronius came to me, and he was constantly coming to me, with many tears, as a suppliant, to beg me to defend him, and he used to remind me that he had been my school-fellow in my childhood, my friend in my youth, and my colleague in the quaestorship. He used to enumerate many services which I had done him, and some also which he had done me. By all which circumstances, O judges, I was so much swayed and influenced, that I banished from my recollection all the plots which he had laid against me myself; that I forgot that Caius Cornelius had been lately sent by him for the purpose of killing me in my own house, in the sight of my wife and children. And if he had formed these designs against me alone, such is my softness and lenity of disposition, that I should never have been able to resist his tears and entreaties;
but when the thoughts of my country, of your dangers, of this city, of all those shrines and temples which we see around us, of the infant children, and matrons, and virgins of the city occurred to me, and when those hostile and fatal torches destined for the entire conflagration of the whole city, when the arms which had been collected, when the slaughter and blood of the citizens, when the ashes of my country began to present themselves to my eyes, and to excite my feelings by the recollection, then I resisted him, then I resisted not only that enemy of his country, that parricide himself, but I withstood also his relations the Marcelli, father and son, one of whom was regarded by me with the respect due to a parent, and the other with the affection which one feels towards a son. And I thought that I could not, without being guilty of the very greatest wickedness, defend in their companion the same crimes which I had chastised in the case of others, when I knew him to be guilty.
And, on the same principle, I could not endure to see
Publius Sulla coming to me as a suppliant, or these same Marcelli in tears at his danger nor
could I resist the entreaties of Marcus Messala, whom you see in court, a most intimate friend
of my own. For neither was his cause disagreeable to my natural disposition nor had the man or
the facts anything in them at variance with my feelings of clemency his name had never been
mentioned, there was no trace whatever of him in the conspiracy; no information had touched him,
no suspicion had been breathed of him. I undertook his cause, O Torquatus; I undertook it, and I
did so