M. Tullius Cicero, For Rabirius Postumus
C. D. Yonge, Ed.

They gave their evidence a little while ago before this tribunal, at the same time that we ourselves did. With what effrontery did they then repudiate the charge of this ten thousand talents! You are acquainted by this time with the absurd ways of the Greeks. They shrugged their shoulders at that time, I suppose, in respect of the existing emergency; but now there is no such necessity. When any one has once perjured himself he cannot be believed afterwards, not even he swears by more gods than he did before; especially. O judges, when in trials of this sort there is not usually any room for a new witness; and on that account the same judges are retained who were judges in the case of the original defendant, because everything is already known to them, and nothing new can be invented. [37]

Actions on the formula, “What has become of that money,” are usually decided, not by any proceeding taken especially with reference to them, but by those which were adopted in the case of the original defendant. Therefore, if Gabinius had either given sureties, or if the people had got as large a sum out of his property as the damages amounted to, then, however large a sum had been obtained from him by Postumus, none would have been demanded back again. So that it may easily be seen, that in a case of this sort, the money is only demanded back again from any one who has been clearly proved in the former action to have become possessed of it. But at present what is the question under discussion? Where in the world are we? What can be either said or imagined so unprecedented, so unsuitable, so preposterous as this? [38] That man is being prosecuted who did not receive any money from the king, as it has been decided that Gabinius did, but who lent a vast sum of money to the king. Therefore, he gave it to Gabinius, as he certainly did not repay it to Postumus. Tell me now, I beg since the man who owed Postumus money did not pay it to him, but gave money to Gabinius, now that Gabinius is condemned, has he paid him back that money, or does he owe it to him still?