HKB
a peace or surrender it is, from which springs impunity to Jugurtha for his crimes, immense wealth to a few men in power, and loss and infamy to the republic.
But perhaps you are not yet weary of the tyranny of these men; perhaps these times please you less than those[116] when kingdoms, provinces, laws, rights, the administration of justice, war and peace, and indeed every thing civil and religious, was in the hands of an oligarchy; while you, that is, the people of Rome, though unconquered by foreign enemies, and rulers of all nations around, were content with being allowed to live; for which of you had spirit to throw off your slavery? For myself, indeed, though I think it most disgraceful to receive an injury without resenting it, yet I could easily allow you to pardon these basest of traitors, because they are your fellow-citizens, were it not certain that your indulgence would end in your destruction. For such is their presumption, that to escape punishment for their misdeeds will have but little effect upon them, unless they be deprived, at the same time, of the power of doing mischief; and endless anxiety will remain for you, if you shall have to reflect that you must either be slaves or preserve your liberty by force of arms.
Of mutual trust, or concord, what hope is there? They wish to be lords, you desire to be free; they seek to inflict injury, you to repel it; they treat your allies as enemies, your enemies as allies. With feelings so opposite, can peace or friendship subsist between you? I warn, therefore, and exhort you, not to allow such enormous dishonesty to go unpunished. It is not an embezzlement of the public money[117] that has been committed; nor is it a forcible extortion of money from your allies; offenses which, though great, are now, from their frequency, considered as nothing; but the authority of the senate, and your own power, have been sacrificed to the bitterest of enemies, and the public interest has been betrayed for money, both at home and abroad; and unless these misdeeds be investigated, and punishment be inflicted on the guilty, what remains for us but to live the slaves of those who committed them? For those who do what they will with impunity are undoubtedly kings.[118]
I do not, however, wish to encourage you, O Romans, to be better satisfied at finding your fellow-citizens guilty than innocent, but merely to warn you not to bring ruin on the good, by suffering the bad to escape. It is far better, in any government, to be unmindful of a service than of an injury; for a good man, if neglected, only becomes less active; but a bad man, more daring. Besides, if the crimes of the wicked are suppressed,[119] the state will seldom need extraordinary support from the virtuous."
XXXII. By repeating these and similar sentiments, Memmius prevailed on the people to send Lucius Cassius,[120] who was then praetor, to Jugurtha, and to bring him, under guarantee of the public faith[121], to Rome, in order that, by the prince's evidence, the misconduct of Scaurus and the rest, whom they charged with having taken bribes, might more easily be made manifest.
During the course of these proceedings at Rome, those whom Bestia had left in Numidia in command of the army, following the example of their general, had been guilty of many scandalous transactions. Some, seduced by gold, had restored Jugurtha his elephants; others had sold him his deserters; others had ravaged the lands of those at peace with us; so strong a spirit of rapacity, like the contagion of a pestilence, had pervaded the breasts of all.