M. Tullius Cicero, For Aulus Cluentius
C. D. Yonge, Ed.

Do you think that this decision ought to be any hindrance to Cluentius? On what account? If Junius had not appointed the judges in the place of those who had been objected to according to law—if he had omitted to take the oath to obey the law—does it follow that any decision bearing on Cluentius's case was pronounced or implied in his condemnation? “No,” says he; “but he was condemned by these laws, because he had committed an offence against another law.” Can those who admit this urge also in defence that that was a regular decision? “Therefore,” says he, “the praetor was hostile to Junius on this account, because the tribunal was thought to have been bribed by his means.” Was then the whole cause changed at this time? Is the case different, is the principle of that decision different, is the nature of the whole business different now from what it was then? I do not think that of all the things that were done then anything can be altered. [93] What, then, is the reason why our defence is listened to with such silence now, but that all opportunity of defending himself was refused to Junius then? Because at that time there was nothing in the cause but envy, mistake, suspicion, daily assemblies, seditiously stirred up by appeals to popular feeling. The same tribune of the people was the accuser before the assemblies, and the prosecutor in the courts of law. Be came into the court of justice not from the, assembly, but bringing the whole assembly with him. Those steps of Aurelius, ¹ which were new at that time, appeared as if they had been built on purpose for a theatre for the display of that tribunal. And when the prosecutor had filled them with men in a state of great excitement, there was not only no opportunity of speaking in favour of the defendant, but none of even rising up to speak. [94] It happened lately, before Caius Orchinius, my colleague, that the judges refused to sanction a prosecution against Faustus Sulla, in a cause concerning some money which remained unpaid. Not because they considered that Sulla was an outlaw, or because they thought the cause of the public money insignificant or contemptible; but because, when a tribune of the people was the accuser, they did not think that there could be a fair trial. What? Shall I compare Sulla with Junius? or this tribune of the people with Quinctius? or one time with the other time? Sulla, with his great wealth, his numerous relations, connections, friends, and clients; but in the case of Junius all these things were small, and insignificant, and collected and acquired by his own exertions. The one a tribune of the people, moderate, modest, not only not seditious himself, but an enemy to seditious men; the other bitter, fond of raking up accusations, a hunter after popularity, and a turbulent man. The present a tranquil and a peaceable time; the former time one ruffled with every imaginable storm of ill-will. And as all this was the case, still in the case of Faustus those judges decided that a defendant was brought before the court on very unfair terms, when his adversary was in possession of the greatest power known to the state, which he could avail himself of to add force to his accusations.