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[63] “I demanded,” says he, “that security should be given.” You demanded it unjustly. “The order was made.” Alphenus objected. “He did, but the praetor made the decree.” Therefore the tribunes were appealed to. “Here,” said he, “I have you: that is not allowing a trial, nor defending a man at a trial, when you ask assistance from the tribunes.” When I consider how prudent Hortensius is, I do not think that he will say this; but when I hear that he has said so before, and when I consider the cause itself I do not see what else he can say; for he admits that Alphenus tore down the bills, undertook to give security, did not object to go to trial in the very terms which Naevius proposed; but on this condition, that according to custom and prescription, it should be before that magistrate who was appointed in order to give assistance.

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