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17. [38]

But why am I arguing against statements which it would seem to me might be uttered with truth, if the people of Gades were speaking against me? for, if they were to demand back Lucius Cornelius, I should reply, that the Roman people had enacted a law with respect to giving the freedom of the city; and that there was no occasion, nor was it usual for the entire people to ratify laws of this sort; that Cnaeus Pompeius, in accordance with the advice of his council, had given the freedom of the city to this man, and that the people of Gades had no single law whatever of the Roman people in their favour. Therefore, that nothing had been sanctified by any peculiar solemnity, which appeared to be excepted against by the law; that if there were, still there had been no provision made in the treaty respecting anything but peace. That this clause also was added, that they were bound to preserve our majesty unimpaired; which certainly would be diminished, if it was unlawful either for us to avail ourselves of the citizens of those nations as assistants in our wars, or if we were to have no power whatever of rewarding them. [39]

But, now, why should I speak against the people of Gades, when the very thing which I am defending is sanctioned by their desire, by their authority, and by a deputation which they have sent hither on purpose? For they, from the very first beginning of their existence as a separate people, and of their republic, have turned all their affections from zeal for the Carthaginians and eagerness in their cause, to the upholding of our empire and name. And accordingly, when the Carthaginians were waging most tremendous wars against us, they excluded them from their city, they pursued them with their fleets, they repelled them with their personal exertions, and with all their resources and power. They have at all times considered that phantom of a treaty made by Marcius as more inviolable than any citadel; and by this treaty and by that of Catulus, and by the authority of the senate, they have considered themselves as most intimately connected with us. Their ambition, and our ancestors' wish, has been, that their walls, their temples, their lands, should be the boundaries of the Roman name and Roman empire, as Hercules wished them to be of his journeys and of his labours. [40]

They invoke as witnesses our deceased generals, whose memory and glory survive for everlasting,—the Scipios, the Bruti, the Horatii, the Cassii, the Metelli, and this man also, Cnaeus Pompeius whom you see before you; whom when he was carrying on a great and formidable war far from their walls, they assisted with supplies and money and at this very time they invoke as witnesses the Roman people whom now, at a time of great dearness of provisions they have relieved with a large supply of corn as they had often done before. They call them, I say, to witness that they wish this to be their privilege,—to have a place permitted to them and to their children, whenever there are any of distinguished virtue in our camps and in the tent of the general and among our standards; and in our line of battle; and that by these steps they should have a power of rising up to the freedom of the city.


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