[35]
But that is a splendid clause in the edict, that gives notice that in all disputes
which arise between the cultivator and the collector, he will assign judges, if
either party wishes it. In the first place, what dispute can there be when he who
ought to make a claim, makes a seizure instead? and when he seizes, not as much as
is due, but as much as he chooses? and when he, whose property is seized, cannot
possibly recover his own by a suit at law? In the second place, this dirty fellow
wants even in this to seem cunning and wily; for he frames his edict in these
words—“If either wishes it, I will assign judges.” How
neatly does he think he is robbing him! He gives each party the power of choice; but
it makes no difference whether he wrote—“If either wishes it,"
or "If the collector wishes it.” For the cultivator will never wish for
those judges of yours.
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