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[42] This affair, as I imagine, came to trial. Certainly. Who was the plaintiff? Fannius. Who the defendant? Flavius. Who was the judge? Cluvius. Of all these men I must produce one as witness who can say that the money was paid. Who of these is the most authoritative witness? Beyond all controversy, he who was approved of as judge by the sentence of every one. Which of the three then will you look to me for as a witness? The plaintiff? That is Fannius; he will never give evidence against himself. The defendant? That is Flavius. He has been dead some time. The judge? That is Cluvius. What does he say? That Flavius did pay a hundred thousand sesterces to Fannius on account of Panurgus. And if you look at the rank of Cluvius, he is a Roman knight; if at his life, he is a most illustrious man; if at your own opinion of him, you chose him as judge; if to his truth, he has said what he both could know, and ought to know.


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