§4.27"o(/ti pa=s a)/frwn mai/netai"
""
ego vero te non stultum, ut saepe, non inprobum, ut semper, sed dementem * * *
* * * rebus ad victum necessariis esse invictus * * potest.
"o(/ti pa=s a)/frwn mai/netai" "" But indeed I consider you not foolish, as is often said, nor wicked, as you always are, but out of your mind * * * * * * can be unconquered in things necessary for sustenance.
sapientis animus magnitudine consilii, tolerantia rerum humanarum, contemptione fortunae, virtutibus denique omnibus ut moenibus saeptus vincetur et expugnabitur, qui ne civitate quidem pelli potest? quae est enim civitas? omnisne conventus etiam ferorum et inmanium? omnisne etiam fugitivorum ac latronum congregata unum in locum multitude? certe negabis.
Can the mind of the wise man, protected as if by walls by the greatness of his counsel, his endurance of human affairs, his contempt for fortune, and finally by all virtues, be conquered and taken by storm—he who cannot even be driven from the state? For what is a state? Is it every assembly, even of the wild and monstrous? Is it every multitude of fugitives and robbers gathered into one place? Surely you will say no.
non igitur erat illa tum civitas, cum leges in ea nihil valebant, cum iudicia iacebant, cum mos patrius occiderat, cum ferro pulsis magistratibus senatus nomen in re publica non erat; praedonum ille concursus et te duce latrocinium in foro constitutum et reliquiae coniurationis a Catilinae furiis ad tuum scelus furoremque conversae non civitas erat.
Therefore, that was not a state at that time when the laws in it had no force, when the courts lay prostrate, when ancestral custom had perished, when, the magistrates having been driven out by the sword, the name of the senate did not exist in the republic; that gathering of plunderers, and that band of robbers established in the forum with you as leader, and the remnants of the conspiracy turned from Catiline's madness to your crime and frenzy, was not a state.
§4.28itaque pulsus ego civitate non sum, quae nulla erat: accersitus in civitatem sum, cum esset in re publica consul, qui tum nullus fuerat, esset senatus, qui tum occiderat, esset consensus populi liber, esset iuris et aequitatis, quae vincla sunt civitatis, repetita memoria.
Therefore, I was not driven from a state, which was non-existent; I was summoned back into the state, when there was a consul in the republic (who at that time had been none), when there was a senate (which at that time had perished), when there was the free consensus of the people, when the memory of law and equity, which are the bonds of a state, was restored.
ac vide quam ista tui latrocinii tela contempserim: iactam et inmissam a te nefariam in me iniuriam semper duxi; pervenisse ad me numquam putavi, nisi forte, cum parietes disturbabas aut cum tectis sceleratas faces inferebas, meorum aliquid ruere aut deflagrare arbitrabare: §4.29nihil neque meum est neque cuiusquam, quod auferri, quod eripi, quod amitti potest.
And see how I despised those weapons of your robbery: I always considered the unspeakable injury thrown and directed by you against me to have been directed at yourself; I never thought it reached me, unless perchance, when you were demolishing my walls or bringing wicked torches to my roofs, you thought that something of my own was falling or burning up: Nothing is mine, nor anyone's, which can be taken away, snatched, or lost.
si mihi eripuisses divinam animi mei conscientiam, meis curis, vigiliis, consiliis stare te invitissimo rem publicam, si huius aeterni beneficii inmortalem memoriam delevisses, multo etiam magis, si illam mentem, unde haec consilia manarunt, mihi eripuisses, tum ego accepisse me confiterer iniuriam; sed si haec nec fecisti nec facere potuisti, reditum mihi gloriosum iniuria tua dedit, non exitum calamitosum.
If you had snatched from me the divine consciousness of my mind, that by my cares, vigils, and counsels the republic stands, though you were most unwilling, if you had deleted the immortal memory of this eternal benefit, and much more, if you had snatched from me that very mind from which these counsels flowed, then I would confess that I had received an injury; but if you neither did these things nor were able to do them, your injury gave me a glorious return, not a disastrous departure.
ergo ego semper civis, et tum maxime, cum meam salutem senatus exteris nationibus, ut civis optumi, commendabat, tu ne nunc quidem, nisi forte idem hostis esse et civis potest.
Therefore, I have always been a citizen, and especially then when the senate commended my safety to foreign nations as that of an excellent citizen, while you are not one even now, unless perchance the same person can be both an enemy and a citizen.
an tu civem ab hoste natura ac loco, non animo factisque distinguis?
Or do you distinguish a citizen from an enemy by nature and location, and not by mind and deeds?
§4.30caedem in foro fecisti, armatis latronibus templa tenuisti, privatorum domos, aedis sacras incendisti: cur hostis Spartacus, si tu civis? potes autem esse tu civis, propter quem aliquando civitas non fuit? et me tuo nomine appellas, cum omnes meo discessu exsulasse rem publicam putent? numquamne, homo amentissime, te circumspicies? numquam nec quid facias considerabis nec quid loquare? nescis exsilium scelerum esse poenam, meum illud iter ob praeclarissimas res a me gestas esse susceptum?
You committed slaughter in the forum, you held temples with armed robbers, you burned the homes of private citizens and sacred temples: why is Spartacus an enemy, if you are a citizen? Moreover, can you be a citizen, because of whom at one time the state did not exist? And do you call me by your own name, when everyone thinks that by my departure the republic went into exile? Will you never look around yourself, most madman? Will you never consider either what you do or what you say? Do you not know that exile is the punishment for crimes, but that that journey of mine was undertaken on account of the most glorious deeds performed by me?
§4.31omnes scelerati atque inpii, quorum tu te ducem esse profiteris, quos leges exsilio adfici volunt, exsules sunt, etiam si solum non mutarunt.
All the wicked and impious, of whom you profess yourself to be the leader, whom the laws wish to be punished with exile, are exiles, even if they have not changed their soil.
an cum omnes te leges exsulem esse iubeant, non eris tu exsul? exsul non appelletur is, qui cum telo fuerit? ante senatum tua sica deprehensa est.
When all the laws command you to be an exile, will you not be an exile? Shall he not be called an exile who has been with a weapon? Your dagger was seized before the senate.
qui hominem occiderit? plurimos occidisti.
He who has killed a man? You have killed very many.
qui incendium fecerit? aedes Nympharum manu tua deflagravit.
He who has caused a fire? The temple of the Nymphs was burned down by your hand.
qui templa occupaverit? in foro castra posuisti.
He who has occupied temples? You pitched camp in the forum.
§4.32sed quid ego communis leges profero, quibus omnibus es exsul? familiarissimus tuus de te privilegium tulit, ut, si in opertum Bonae Deae accessisses, exsulares: at te id fecisse etiam gloriari soles.
But why do I bring forward the common laws, by all of which you are an exile? Your closest friend proposed a special law concerning you, that if you entered the secret place of the Bona Dea, you should go into exile: yet you are accustomed even to boast of having done it.
quo modo igitur tot legibus eiectus in exsilium nomen exsulis non perhorrescis?
"Romae sum"
inquit.
How then, cast out into exile by so many laws, do you not shudder at the name of an exile? "I am in Rome," he says.
et quidem in operto fuisti.
And indeed you were in the secret place.
non igitur ubi quisque erit, eius loci ius tenebit, si ibi eum legibus esse non oportebit.
Therefore, it is not where each person is that will maintain the right of that place, if it is not proper by the laws for him to be there.