Slave testimony and advocacy · 奴隶证言
reported-in-source
Cicero in Pro Rege Deiotaro invokes ancestral practice against a slave’s testimony accusing his master.
Evidence limit: The speech is an interested legal argument; it is not a general modern statement of Roman evidentiary law for all periods.
deiotaro 3
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:deiotaro-en:3
But when I saw the countenance and heard the words of this runaway slave, accusing his master,—his absent master,—his master, who was a most devoted friend to our republic,—I did not feel so much grief at the depressed condition of the monarch himself, as fear for the general fortunes of every one. For though, according to the usage of our ancestors, it is not lawful to examine a slave as a witness against his master, not even by torture,—in which mode of examination pain might, perhaps, elicit the truth from a man even against his will,—a slave has arisen, who, without any compulsion, accuses him against whom he might not legally say a word even on the rack.
Context before
local:caesar-world:deiotaro-en:2
In the second place, I am compelled now to defend against a most atrocious accusation that very king whom I, in common with all the senate, used formerly to extol on account of his uninterrupted services towards our republic. There is this further consideration, that I am disturbed by the cruelty of one of the prosecutors, and by the unworthy conduct of the other. O cruel, not to say wicked and impious, Castor! a grandson, who has brought his grandfather into danger of his life, and has caused that man to dread his youth, whose old age he was bound to defend and protect; who has sought to recommend his entrance into life to our favour by impiety and wickedness; who has instigated his grandfather's slave, whom he corrupted by bribes, to accuse his master, and has carried him away from the feet of the king's ambassadors.
Context after
local:caesar-world:deiotaro-en:4
This thing also, O Caius Caesar, at times disturbs me; which, however, I cease to fear when I come to a complete recollection of your disposition. For in principle it is an unjust thing, but by your wisdom it becomes a most just one. For it is a serious business (if you consider the matter by itself) to speak concerning a crime before that man against whose life you are accused of having meditated that crime; for there is hardly anybody who, when he is a judge in any matter in which his own safety is at stake, does not act with more partiality towards himself than towards the accused person; but, O Caius Caesar, your admirable and extraordinary natural virtue to a great extent releases me from this fear. For I am not so much afraid what you may wish to decide with respect to king Deiotarus, as I am sure what you wish to decide in all other cases.