Publilius Syrus Quotes
It is easy to defend the innocent; but who is eloquent enough to defend the guilty?
Syrus, Publilius. The Moral Sayings of Publius Syrus, a Roman Slave. Translated by Darius Lyman, L. E. Barnard & Company, 1856.
It is surprising that these ideas would come from one of the most autocratic powerful monarch in the world at the time. However there were many very liberal influences on her from Europe. This set of proposals she even sent to Voltaire to get his feedback and criticism.
This quotation has become an operational principle of most justice systems of industrial democracies.
This is the classic argument given by those who would deny a defendant the Constitutional protection against self-incrimination. The belief that an innocent man has nothing to fear from the police is refuted by the many cases of innocent men being convicted by evidence they have given in the belief that they were innocent, and served long jail sentences only to later be proved by DNA evidence that they could not possibly have been guilty. Since Nott’s day, society has not only found many cases where honest error was made by the police or prosecutors, but many where there was venal prosecutorial misconduct and defendants were jailed even though the authorities were aware of evidence of innocence and kept it secret. There have been a number of these cases where a defendant was on death row and about to be executed when it was found he was innocent. Probably there have been men wrongly executed. See {629444} for a probable example.
This quotation is a great example of the difficulty of deciding some of the major Constitutional issues. Most reasonable people believe that Rehnquist certainly has a point. On the other hand, critics observe that this quotation essentially says that it is OK to convict an innocent person if it cost too much or be too much trouble to do so. Reasonable people would also agree that this objection has much merit also. So the judicial system is stuck with deciding when the cost or trouble is too much. There will never, can never, be a clear cut answer.
Publilius Syrus (fl. 85–43 BC), was a Latin writer, best known for his sententiae. He was a Syrian from Antioch who was brought as a slave to Roman Italy. Syrus was brought to Rome on the same ship that brought Manilius, the astronomer and Staberius Eros, the grammarian. By his wit and talent, Syrus won the favour of his master, who granted him manumission and educated him. He became a member of the Publilia gens. Publilius' name, due to the palatalization of 'l' between two 'i's in the Early Middle Ages, is often presented by manuscripts (and some printed editions) in corrupt form as 'Publius', Publius being a very common Roman praenomen.
