in behalf of
some defendant before that tribunal--Cyda of Crete; a prodigy even in
that island; the most audacious and abandoned of men. But even suppose
he were not so. Does he understand Latin? Is he qualified by birth and
station to be a judge? Does he--which is most important--does he know
anything about our laws and manners? Is he even acquainted with any of
the citizens? Why, Crete is better known to you than Rome is to Cyda.
In fact, the selection and appointment of the judges has usually been
confined to our own citizens. But who ever knew, or could possibly
have known this Gortynian judge? For Lysiades, the Athenian, we most
of us do know. For he is the son of Phaedrus, an eminent philosopher.
And, besides, he is a witty man, so that he will be able to get on
very well with Marcus Curius, who will be one of his colleagues, and
with whom he is in the habit of playing. I ask if Lysiades, when
summoned as a judge, should not answer to his name, and should have an
excuse alleged for him that he is an Areopagite, and that he is not
bound to act as a judge at both Rome and Athens at the same time, will
the man who presides over the investigation admit the excuse of this
Greekling judge, at one time a Greek, and at another a Roman? Or will
he disregard the most ancient laws of the Athenians?
And what a bench will it be, O ye good gods! A Cretan judge, and he
the most worthless of men. Whom can a defendant employ to propitiate
him? How is he to get at him? He comes of a hard nation. But the
Athenians are merciful. I dare say that Curius, too, is not cruel,
inasmuch as he is a man who is himself at the mercy of fortune every
day. There are besides other chosen judges who will perhaps be
excused. For they have a legitimate excuse, that they have left their
country in banishment, and that they have not been restored since.
And would that madman have chosen these men as judges, would he have
entered their names as such in the treasury, would he have trusted a
great portion of the republic to them, if he had intended to leave the
least semblance of a republic?
VI. And I have been speaking of those judges who are known. Those whom
you are less acquainted with I have been unwilling to name. Know then
that dancers, harp-players, the whole troop, in fact, of Antonius's
revellers, have all been pitchforked into the third decury of judges.
Now you see the object of passing so splendid and admirable a law,
amid excessive rain,
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