“In this way refer to the senate these matters and [-32-] most of the highly important affairs that concern the commonwealth.  Public interests you must administer publicly.  It is also an inbred trait of human nature for individuals to delight in marks of esteem from a superior, which seem to raise one to equality with him, and to approve everything which the superior has determined after consulting them, as if it were their own proposal, and to cherish it, as if it were their own choice.  Consequently I affirm that such business ought to be brought before the senate.—­In regard to most cases all those senators present ought equally to state their opinions:  but when one of their number is accused, not all of them should do so, unless it be some one who is not yet a senator or is not yet in the ranks of the ex-quaestors that is being tried.  And, indeed, it is absurd that one who has not yet been a tribune or an aedile should cast a vote against such as have already filled these offices, or, by Jupiter, that any one of the latter should vote against the ex-praetors or they against the ex-consuls.  Let the last named have authority to render a decision in all cases, but the rest only in the cases of their peers and their subordinates.

[-33-] “You yourself must try in person the referred and the appealed cases which come to you from the higher officials, from the procurators, from the praefectus urbi, from the sub-censor, and the prefects, both the commissioner of grain[13] and the night-watch.[14] No single one of them should have such absolute powers of decision and such independence that a case can not be appealed from him.  You should be the judge, therefore in these instances, and also when knights are concerned and properly enrolled centurions and the foremost private citizens, if the trial involves death or disenfranchisement.  Let these be your business alone, and for the reasons mentioned let no one else on his own responsibility render a decision in them.  You should always have associated with you for discussion the most honored of the senators and of the knights, and further certain others from the ranks of the ex-consuls and ex-praetors, some at one time and some at another.  In this association you will become more accurately acquainted with their characters beforehand, and so be able to put them to the right kind of employment, and they by coming in contact with your habits and wishes will have them in mind on going out to govern the provinces.  Do not, however, openly ask their opinions when a rather careful consideration is required, for fear that they, being outside their accustomed sphere, may hesitate to speak freely; but let them record their views on tablets.  To these you alone should have access, that they may become known to no one else, and then order the writing to be immediately erased.  In this way you may best get at each man’s exact opinion, when they believe that it can not be identified among all the rest.