Book 6
3
Now as to his criticism of Cato's introduction, Tiro ought to have known that although Cato defended the Rhodians, he did so as a senator who had been consul and censor and was recommending what he thought was best for the public welfare, not as an advocate pleading the cause of the accused. For one kind of introduction is appropriate for a man who is defending clients before jurors and striving in every way to excite pity and compassion; quite another for a man of eminent authority, when the senate is asked for its opinion on a matter of State, and when, indignant at the highly unjust opinions of some of the members, he gives plain and emphatic expression at once to his indignation and his sorrow, speaking in behalf of the public welfare and the safety of our allies. Indeed, it is a proper and salutary rule of the schools of rhetoric, that jurors who are to pass judgment on the person of a stranger and on a case which does not personally concern them (so that apart from the duty of acting as jurors no danger or emolument will come to them) ought to be conciliated and induced by mild and soothing language to have regard for the reputation and safety of the prisoner at the bar. But when the common prestige, honour and advantage of all are involved, and therefore one must advise what is to be done, or what must be put off that has already been begun, then one who busies oneself with an introduction designed to make his hearers friendly and kindly disposed towards himself wastes his efforts in needless talk. For the common interests and dangers have themselves already disposed the jurors to listen to advice, and it is rather they themselves that demand good-will That is, towards the welfare of the State. Tiro seems to be making a word-play, using benivolos and benivolentiam in the same sense, but with a different application. on the part of their counsellor. But when Tiro says that Cato admitted that the Rhodians did not wish the Romans to fight as successfully as they did, and king Perses to be conquered by the Roman people, and when he asserts that he declared that not the Rhodians alone, but many other nations too, had the same feeling, but that this availed nothing in excuse or extenuation of their fault—in this very first point Tiro is guilty of a shameless lie. He quotes Cato's words, yet misrepresents him by giving them a false interpretation. For Cato does not admit that the Rhodians did not wish the Roman people to be victorious, but said that he thought they did not; and this was unquestionably an expression of his own opinion, not an concession of the guilt of the Rhodians. On this point, in my judgment at least, Cato is not only free from reproach, but is even deserving of praise and admiration. For he apparently expressed a frank and conscientious opinion adverse to the Rhodians; but then, having established confidence in his candour, Cf. i. 6. 6. he so changed and shifted that very statement which seemed to militate against them, that on that account alone it seemed right that they should be more highly esteemed and beloved by the people of Rome; inasmuch as they took no steps to aid the king, although they wished him to succeed and although his success would have been to their advantage.
