In view of these considerations, just wherein does the accusation
lie? You do not anywhere charge theft; you do not attack the edict;
you admit due process of law; you do not deny that the moneys were
openly confiscated upon official investigation. The testimony itself
discloses that the whole matter was carried on by men of rank and
position. At Apamea, Sextus Caesius, a Roman knight and a gentleman
of whose honor and integrity there can be no question, openly seized
and weighed out in the forum at the feet of the praetor a little
less than a hundred pounds of gold. At Laodicea an amount somewhat
more than twenty was seized by Lucius Peducaeus, a member of this
very jury; at Adramytus, ... by the governor’s representative, L.
Domitius. A small quantity was also seized at Pergamon. The accounts
of the gold so seized have been audited. The gold is in the
treasury. There is no charge of theft. The purpose of the charge is
to excite odium against my client. It is not the jury that the
prosecution is addressing, but the audience, the crowd about us.
Religious scruples, my dear Laelius, are primarily national
concerns. We have our own, and other states have theirs. And as a
matter of fact, even while Jerusalem was standing, and the Jews were
at peace with us, there was very little in common between the
religious customs of which their rites are examples and those which
befit an empire as splendid as ours, or a people of our character
and dignity. Our ancestral institutions are as different from theirs
as they well can be. Now, however, there surely can be all the less
obligation upon us to respect Jewish religious observances when the
nation has demonstrated in arms what its feelings are toward Rome,
and has made clear how far it enjoyed divine protection by the fact
that it has been conquered, scattered, enslaved.
There are a number of difficulties with the passage. The text of the
final sentence is doubtful—but the discussion of that point will be
reserved for the Notes.[237]
We cannot suppose that Cicero was guilty of deliberate misstatement on
matters about which he could be immediately confuted. We must therefore
accept his assertion that this count in the indictment did not charge
theft or malversation, but merely public confiscation of the funds in
question. It is undoubtedly a fact that the exportation of the precious
metals had been frequently forbidden, although the senatorial resolution
to this effect was far from being a law, but with this precedent and
even without it no one could very well deny that it was within the
imperium of a proconsul to make such a regulation if he saw fit.[238]
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