[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.
This text is part of:
M. Tullius Cicero. The Orations of Marcus Tullius Cicero, literally translated by C. D. Yonge. London. George Bell & Sons. 1903.
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