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

Nor am I moved by that argument which Attius uses when he says that it is a scandalous thing that, if a senator should procure a wrongful conviction of any one, he should be made liable to the laws, but that if a Roman knight does the same, he should not. [146] Although I should grant to you that it would be a scandalous thing, (and the fact I will examine into presently,) still you must inevitably grant to me that it is a much more scandalous thing that the laws should be departed from in that state which is entirely held together by the laws; for this is the bond of this dignity which we enjoy in the republic, this is the foundation of our liberty, this is the source of justice. The mind, and spirit, and wisdom, and intentions of the city are all situated in the laws. As our bodies cannot, if deprived of the mind, so the state, if deprived of law, cannot use its separate parts, which are to it as its sinews, its blood, and its limbs. The ministers of the law are the magistrates; the interpreters of the law are the judges; lastly, we are all servants of the laws, for the very purpose of being able to be freemen. What is the reason, O Naso, why you sit in that place? [147] What is the power by which those judges, invested with such dignity, are separated from you? And you too, O judges, how is it that out of such a multitude of citizens, you with your small numbers decide on the fortunes of man? By what right is it that Attius said whatever he chose? Why have I had an opportunity of speaking at such length? What is the meaning of all these secretaries and lictors, and all the rest of those whom I see assisting at this investigation? I think that all these things take place according to law, and that the whole of this trial is conducted and governed (as I said before) by the mind, as it were, of the law. What, then, shall we say? Is this the only investigation that is so conducted? What became of the question of classing Marcus Plaetorius and Caius Flaminius as assassins? What became of the charge of peculation brought against Caius Orchinius? or of my oration, when prosecuting a charge of embezzlement? or of the speech of Caius Aquillius, before whom a case of bribery is at this moment being tried? or of all the other investigations that are habitually taking place? Survey all the different parts of the republic; you will see that everything takes place under the general dominion, and according to the special enactment of the laws. [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.