And now Sestius is on his trial for violence! Why is this? Because he is alive. But that is no fault of his. One last blow was wanting; and if that had been added he would have yielded up his last breath. Accuse Lentidius; he did not wound him in the right place; accuse Sabinius that fellow from Reate, and ask why he was so prompt to cry out that the man was dead. But why accuse Sestius himself? Was not there enough of him for their swords? Did he resist? Did he not stand to be killed as gladiators are often ordered to do? [cap.38] Is this of itself a proof of violence not to be able to die? Or this, that a tribune of the people profaned a temple with blood? Or this, that when he had been carried away and had begun to come to himself, he did not order himself to he carried back again? Where is the crime for which you blame him? [81] Or this I ask, O judges, if on that day that family of Clodius had done what it wished,—if Publius Sestius, who was left for dead had really been slain, would you have had recourse to arms? Would you have roused yourselves up to the courage of your fathers and to the valour of your ancestors? Would you at last have endeavoured to wrest the republic out of the hands of that deadly robber? Or would you even then have remained quiet and dawdled, and been afraid, when you saw the republic overwhelmed and taken possession of by the most impious assassins and by slaves? If then you would have avenged his death, if you had any idea of continuing free men, and of retaining the constitution, do you think that you ought to hesitate as to what you ought to say, and feel, and think, and decide as to his virtue now that he is alive? [82]