[44]
In truth you cannot deny that you ought to have appointed judges according to the
provisions of the Rupilian law, especially when Heraclius demanded it. If you say
that you departed from the law with the consent of Heraclius, you will entangle
yourself, you will be hampered by the statement you make in your own defence. For if
that was the case, why, in the first place, did he refuse to appear, when he might
have had the judges chosen from the proper body which he demanded? Secondly, why,
after his flight, did you appoint other judges by drawing lots, if you had appointed
those who had been before appointed, with the consent of each party? Thirdly, Marcus
Postumius, the quaestor, appointed as the other judges in the market-place; you
appointed the judges in this case alone.
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