57.
But in the mean time, in the name of the immortal gods! since we have all our advantages,
our laws, our liberty, and our safety by means of the laws, let us not depart from the laws.
And at the same time let us consider what a scandalous thing it is for the Roman people to be
now pursuing another object; for them to have entrusted to you the republic and their own
fortunes; to be themselves without any care; to have no fear of being bound by the decision of
a few judges, by a law which they have never sanctioned, and by a form of judicial
investigation of which they think themselves independent.
[156]
For Titus Attius, a virtuous and eloquent young man, conducts this case in such a manner;
saying that all the citizens are bound by all the laws; and you attend and listen in silence,
as you ought to do.
Aulus Cluentius, a Roman knight, is prosecuted according to that law by which the senators,
and those who have served magistracies, alone are bound. I, by his desire, am prevented from
demurring to this and from establishing the main bulwark of my defence on the citadel of the
law. If Cluentius gains his cause, as we, relying on your equity, feel sure that he will, all
will believe, what indeed will be the truth, that he has gained it because of his innocence,
since he has been defended in such a manner as this; but in the law, all appeal to which he
discarded, he found no protection at all.
[157]
Here now is
something which concerns me, as I said before, and which I ought to make good to the
satisfaction of the Roman people, since my condition of life is such that the whole of my care
and labour is devoted to defending every one from danger. I see how great, and how dangerous,
and how bound less a field of investigation is attempted to be opened by the prosecutors, when
they endeavour to transfer that law, which was framed with reference to our order alone, to
the whole Roman people. And in that law are the words—“Who has
conspired.” You see how wide an application that may have. “Or
agreed.” That is just as vague and indefinite. “Or consented.”
But this is not only vague and indefinite, but is also obscure and unintelligible.
“Or given any false evidence.” Who is there of the common people at
Rome, who has ever given any evidence at all, who is
not, as you see, exposed to this danger, if Titus Attius is to have his own way? At all events
I assert this positively, that no one will ever give evidence for the future, if this tribunal
is held over the common people of Rome.
[158]
But I make this promise to every one, if by chance any one is
brought into trouble by this law, who is not properly liable to this law, that if he will
employ me to defend him, I will defend his cause by the protection that the law affords, and
that I will prove my ease easily to these judges, or to any others who resemble them, and that
I will use every means of defence with which the law provides me, which I am now not permitted
to use, by the man with whose wishes I am bound to comply.
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