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20.

In truth if that celebrated augur Quintus Scaevola, when he was consulted about the laws relating to mortgages;—a man most skillful in law,—occasionally referred those who consulted him to Furius and Cascellius as men who had invested their money in such securities and if we in the transaction referring to our aqueduct consulted Marcus Tugio, rather than Caius Aquillius, because constant practice devoted to one particular line of business often proves superior to ability and to general information, who can hesitate to prefer our generals to all the most experienced lawyers on earth in any case respecting treaties, and the whole state of the law of peace and war? [46] May I not therefore, mention, with your approbation, Caius Marius, the original author of that conduct and of that precedent which is found so much fault with by you? Do you require any more weighty example? any one of more consistent wisdom? any one more eminent for virtue and prudence, and conscientiousness and equity? Did he, then, confer the freedom of the city on Marcus Annius Appius, a most gallant man, and one endued with the most admirable virtue, when he knew that the treaty made with Camertum had been most solemnly ratified, and was in all respects a most equitable one? Is it possible, then, O judges, that Lucius Cornelius should be condemned, without condemning also the conduct of Caius Marius? [47]

Let then, that great man be present for a while to your thoughts, as he cannot appear before you in reality, so that you may behold him with your minds whom you cannot behold with your eyes. Let him state to you that he has not been altogether unversed in treaties, nor wholly inexperienced in the nature of precedents, nor entirely ignorant of war; that he was the pupil and soldier of Publius Africanus; that he was trained in campaigns and in many warlike lieutenancies; that if he had read of as many wars as he has served in and conducted, and brought to a termination,—that if he had served under consuls as often as he himself was consul, he might have learnt and become thoroughly acquainted with all the laws of war; that he never doubted for a moment that no treaty could hinder him from doing anything which was for the advantage of the republic; that he carefully selected all the bravest men out of every city which was closely connected with and friendly to us; that none of the people of Iguvium or of Camertum were excepted by treaty, so that their citizens were incapable of receiving from the Roman people the rewards of their virtue.


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