Pro A. Cluentio

Cicero, Marcus Tullius

Cicero. The Orations of Marcus Tullius Cicero, Volume 2. Yonge, Charles Duke, translator. London: Bell, 1856.

Does that apply to Cluentius? Certainly not. Who, then, is Cluentius? He is a man who still does not wish to get off on a trial by any quibble of law. Well, then, I discard the law. I comply with Cluentius's wishes; still I will say a few things which are not connected with my client's case, by way of reply to you, O Attius. For there is something in this cause which Cluentius thinks concerns him; there is also something which I think concerns me. He thinks it is for his interest that his defence should rest on the facts and merits of the case, not on the letter of the law; but I think that it concerns me not to appear defeated by Attius in any discussion. For this is not the only cause that I have to plead; my labour is at the service of every one who can be content with my ability as their advocate. I do not wish any one of those who are present to think, if I remain silent, that I approve of what has been said by Attius respecting the law. Wherefore, O Cluentius, I am complying with your wishes in this your cause; and I do not read any law in this court, nor do I allege any law in your favour. But I will not omit those things which I think are expected from me.

It seems to you, O Attius, to be a scandalous thing that every one should not be bound by the same laws. In the first place, (suppose I do grant to you that it is a most scandalous thing,) it is an evil of this sort, that it is a proof that we have need to have the laws altered, not that we are not to obey the laws while they are in existence. In the next place, what senator has ever made this complaint, that when, by the kindness of the Roman people, he had attained a higher rank, he did not think he ought by that promotion to be put under more severe conditions of law? How many advantages are there, which we are without; how many troubles and annoyances are there which we undergo.—And all these things are compensated by the advantages of honour and dignity. Now apply these same conditions of life to the equestrian order, and to the other ranks of the state. They will not endure them; for they think that fewer inconveniences of the laws, and of the courts of justice, ought to be allotted to them, who have either never been able to mount to the higher ranks of the state, or have never tried.