Thesauros Literature Oratory Pro A. Cluentio

Pro A. Cluentio

Pro A. Cluentio Cicero, Marcus Tullius
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148 If anyone, O Titus Attius, were to wish to prosecute you before me as judge, you would cry out that you were not liable under the law about extortion. Nor would this demurrer of yours be any confession that you had appropriated the money illegally; but it would be merely a refusal to encounter a labour and a danger which you were not obliged to encounter by the law. Now see what is being done, and what law is laid down by you. The law, according to the provisions of which this investigation has been instituted, orders the judge who presides over the investigation, that is to say, Quintus Voconius, with the other judges, who are his colleagues, (it means you, O judges,) to make inquiry concerning the fact of poisoning. To make inquiry with respect to whom? The subject is interminable. “Whoever has made it, or sold it, or bought it, or had it in his possession, or administered it.” What does the same law subjoin immediately afterwards? Read—“And bring him to a capital trial.” Whom? He who has conspired? he who has agreed? Not so. What, then, is meant? Tell me. “Whoever is a military tribune of the four first legions, or a quaestor, or a tribune of the people.” Then all the magistrates are named. “Or who has delivered or shall deliver his opinion in the senate?” What then? “If any one of them has agreed, or shall agree, has conspired, or shall conspire, to get any one condemned in a criminal trial.” “Any one of them:” Of whom? Of those, forsooth, who have been enumerated above. What does it signify in which way the law was framed? Although it is plain enough, yet the law itself shows its own meaning; for when it binds all the world, it uses this expression: “Whoever has committed or shall commit an act of poisoning.” All men and women, freemen and slaves, are brought under the power of the court. If, again, it had wished to include conspiracy, it would have added, “or who has conspired.” Now it runs, “And let any one who has conspired, or shall conspire, be brought to a capital trial, before one who has filled any magistracy, or who has delivered his opinion in the senate.”

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