a consulatu. At the election of consuls for 62, held a few weeks before, Cicero had used his influence to defeat Catilina. See [Introduction, page 10]. On 'cum' with indic. see [1. 7].
est. Generally a verb dependent on a subjunctive is itself subjunctive. Here however the relative clause is not really part of the consecutive sentence, but a mere epithet explanatory of 'id,' added by the speaker, hence est not esset. Cf. [3. 21] '(quis est) qui neget haec omnia quae videmus,' etc.
latrocinium. See [on §23 above].
detester, 'detestari' = 'to avert by entreaty.'
si loquatur. The apodosis is not expressed, owing to the length of the following address. On pres. subj. see [note on 1. 19].
mactari. Cicero and Caesar only use the acc. and inf. after 'impero' with passive verbs; in other cases 'ut' and subj.
persaepe etiam privati, an exaggeration. The only case of a 'privatus' putting an offender to death which Cicero quotes is that of Scipio Nasica and Ti. Gracchus. See [note on 1. 3].
An leges, etc. The earliest of these was the Lex Valeria (509 b.c.), which secured the right of appeal to the people from the magistrate ('ne quis magistratus civem Romanum adversus provocationem necaret neve verberaret'). This was re-enacted, and the penalty for violating it strengthened by the Lex Porcia (197 b.c.) and the Lex Sempronia (122 b.c., Gaius Gracchus). Notice that these laws only forbade the magistrate to inflict death or scourging on his own authority. The power to do so, after trial and condemnation, remained with the people; but it was seldom or never exercised, because the right of the accused to anticipate the sentence by voluntary exile was universally recognized, and even according to Sallust secured by law. See Cat. 51 'aliae leges condemnatis civibus non animam eripi sed exilium permitti iubent.'
at nunquam, etc. Cf. [4. 10]; on the validity of this argument see [Intr. Note B].