Clemency as advocacy · 宽赦与辩护
reported-in-source
Cicero in Pro Ligario shifts from factual dispute to an appeal to Caesar’s mercy, and explicitly makes clemency the leading idea of his speech.
Evidence limit: An advocate’s praise is neither proof that all charges were true nor proof of Caesar’s consistent conduct in every case.
ligario 1
M. Tullius Cicero The Orations of Marcus Tullius Cicero, literally translated by C. D. Yonge, B. A. London George Bell & Sons, York Street, Covent Garden 1891; translator: Charles Duke Yonge
local:caesar-world:ligario-en:1
It is a new crime, and one never heard of before this day, O Caius Caesar, which my relation Quintus Tubero has brought before you, when he accuses Quintus Ligarius with having been in Africa; and that charge Caius Pansa, a man of eminent genius, relying perhaps on that intimacy with you which he enjoys, has ventured to confess. Therefore I do not know which way I had best proceed. For I had come prepared, as you did not know that fact of your own knowledge, and could not have heard it from any other quarter, to abase your ignorance in order to further the safety of a miserable man. But, however, since that which was previously unknown has been ferreted out by the diligence of his enemy we must, I suppose, confess the truth; especially as my dear friend Caius Pansa has so acted that it would not now be in my power to deny it. Therefore, abandoning all dispute of the fact, all my speech must be addressed to your mercy; by which many have already been preserved, having besought of you, not a release from all guilt, but pardon from admitted error.
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Book or edition boundary; no neighbouring unit included.
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local:caesar-world:ligario-en:2
You, therefore, O Tubero, have that which is of all things most desirable for a prosecutor, a defendant who confesses his fault; but still, one who confesses it only so far as he admits that he was of the same party as you yourself, O Tubero, were, and as that man worthy of all praise, your father, also was. Therefore you must inevitably confess yourselves also to be guilty, before you can find fault with any part of the conduct of Ligarius. Quintus Ligarius, then, at a time when there was no suspicion of war, went as lieutenant into Africa with Caius Considius, in which lieutenancy he made himself so acceptable, both to our citizens there and to our allies, that Considius on departing from the province could not have given satisfaction to those men if he had appointed any one else to govern it. Therefore, Quintus Ligarius, after refusing it for a long time without effect, took upon himself the government of the province against his will. And while peace lasted, he governed it in such a manner that his integrity and good faith were most acceptable both to our citizens and to our allies.
ligario 29
M. Tullius Cicero The Orations of Marcus Tullius Cicero, literally translated by C. D. Yonge, B. A. London George Bell & Sons, York Street, Covent Garden 1891; translator: Charles Duke Yonge
local:caesar-world:ligario-en:29
I would not say these things, O Tubero, if you had any reason to repent of your consistency, or Caesar of his kindness. I ask now whether you are seeking to avenge your own injuries, or those of the republic? If those of the republic, what reply can you make with respect to your perseverance in the cause of that other party? If your own, take care that you are not making a great mistake in thinking that Caesar will be angry with your enemies, after he has pardoned his own. Do I, then, appear to you, O Caesar, to be occupied in the use of Ligarius? Do I appear to be speaking of his conduct? In whatever I have said, I have endeavoured to refer everything to the leading idea of your humanity, or clemency, mercy, whichever may be its most proper name.
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local:caesar-world:ligario-en:28
What? when that affair had had no effect on the mind of man to whom you came, you behaved, after that with a more languid zeal, I suppose, in his cause? You only stayed in some garrison? But your affections were alienated from his cause? Or were we all, as is the case in a civil war, and not more with respect to you two, than with respect to others,—were we all wholly occupied with a desire of victory? I, indeed, was at all times an advocate of peace, but that time was too late. For it was the part of a madman to think of peace when he saw the hostile army in battle array. We all, every one of us, I say, were eager for victory; you most especially, as you had come into a place where you must inevitably perish if your side were not victorious. Although, the result now turns out, I make no doubt that you confer your present safety preferable to what would have been the consequences of victory.
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local:caesar-world:ligario-en:30
I have, indeed, O Caius Caesar, pleaded many causes with you, while your pursuit of honours detained you in the forum; but certainly I never pleaded in this way, “Pardon my client, O judges; he has erred, he has tripped, he did not think.[…: gap in edition] If ever hereafter[…: gap in edition]” This is the sort of way in which he pleads with a parent; to judges one says, “He never did it, he never thought of it the witnesses are false, the accusation is false.” Say, O Caesar, that you are sitting as judge on the conduct of Ligarius. Ask me in what garrisons he was. I make no reply. I do not even adduce these arguments, which, perhaps, might have weight even with a judge,—“He went as a lieutenant before the war broke out; he was left there in time of peace; he was overtaken by the war; in the war itself he was not cruel; he was in disposition and zeal wholly yours.” This is the way in which men are in the habit of pleading before a judge. But I am addressing a parent. “I have erred; I have acted rashly; I repent; I flee to your clemency; I beg pardon for my fault; I entreat you to pardon me.” If no one has gained such indulgence from you, it is an arrogant address.