The Orations, Volume 3. Cicero
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warning him to be afraid of me, to guard against me, and at the same time telling me that he was hostile to me above all men: so that I had not sufficient confidence to ask of him what it was desirable for me to ask, nor did he, having been made sore by the jealousies and wickedness of certain individuals, promise me with sufficient freedom what my necessities required. A great price has been paid for my error, O priests, so that I am not only grieved for my folly, but ashamed of it too; since, though it was not some sudden and accidental occasion, but many labours of long standing, encountered and undertaken long before, which had united me with a most gallant and most illustrious man, I still suffered myself to be led away to abandon such a friendship, and did not perceive who they were whom it became me either to oppose as open enemies, or to distrust as treacherous friends. Let them now at length cease to try and excite me with the same language as before: “What is that man about? Does not he know how great his influence is, what great achievements he has performed, with what great honour he has been restored? Why does he do honour to the man by whom he was deserted?” But I neither think that I was deserted at that time, but rather surrendered; nor do I think it needful for me to explain what at the time of that unhappiness to the republic was done against me, nor how, nor by whose instrumentality it was done. If it was beneficial to the republic that I alone, as the victim offered for the general safety, should quaff that most unworthy cup of calamity, it may be useful also for me to conceal and be silent respecting the men by whose wickedness it was brought about. But yet it is the part of an ungrateful man to be silent. Therefore I will most willingly proclaim that Cnæus Pompeius laboured with all his zeal and influence as much as any one of you, and with all his means, and labour, and by entreaty, and even at his own personal risk, to promote my safety.
XII. This man, O Publius Lentulus, was present at all your counsels, while you were thinking of nothing day and night except my safety. He cooperated with you as a most influential adviser in planning the conduct to be pursued, as a most faithful ally in preparing for it, and as a most fearless assistant in executing it. It was he who visited all the municipalities and colonies; it was he who implored the assistance of all Italy, which was eager to afford it; it was he who in the senate was the first person to deliver his opinion, and when he had delivered it there, he then also entreated the Roman people to preserve me. Wherefore, you may desist from that language which you have been using, namely, that the dispositions of the priests were changed after my delivering the opinion which I did about the corn. As if they had any different opinion from what I myself had about Cnæus Pompeius, or as if they were ignorant what I ought to do either with regard to the expectation of the Roman people, or to the services which I have received from Cnæus Pompeius, or to my own circumstances and condition; or as if even, if my sentiments had perchance been offensive to any one of the priests, though I know for a certainty that the contrary was the case, any priest was on that account going to decide about religion, or any citizen about the republic, in any other manner than the laws respecting religious ceremonies compelled the one, or the interests and safety of the republic compelled the other.
I am aware, O priests, that I have said more things which are foreign to this cause, than either your opinion is likely to approve of, or than my own inclination prompted. But I was anxious to be acquitted in your eyes; and, further, your kindness in listening to me with attention carried me on to say more than I had intended. But I will make amends for this by the brevity of that part of the speech which relates to the actual matter now brought under your examination; and as the affair is divided into two heads,—one relating to the laws of religion, and the other to the laws of the state,—I will pass over the question of religion, which would take a longer time to discuss, and speak to the point of what is the law of the state. For what can be so arrogant as for a layman to endeavour to lecture the college of priests about religion, about divine affairs, and ceremonies, and sacrifices; or so foolish as for a man, if he has found anything of consequence in your books, to take up time in detailing it to you; or so superfluous, as to seek to acquire learning on those points concerning which our ancestors have laid down the principle that you alone have knowledge, and that you alone ought to be consulted?
XIII. I say that it was not possible, according to our common rights, and according to those laws which are in force in this city, for any citizen to be exposed to such disaster as mine without a formal trial. I say that this was the law in this state even at the time when the kings existed; I say that this was the principle handed down to us from our ancestors; I say, moreover, that this is the inalienable characteristic of a free state,—that no infringement on the liberties or property of a citizen can take place without the formal decision of the senate, or of the people, or of those persons who have been appointed as judges in each separate matter. Do you not see that I am destroying all your proceedings by the roots? that I am arguing, what is manifest, that you did nothing whatever according to law,—that you were not a tribune of the people at all? I say this, that you are a patrician. I say so before the priests; the augurs are present. I take my stand on the common public law. What, O priests, is the law concerning adoption? Why, that he may adopt children who is no longer able to have children himself, and who failed in having them when he was of an age to expect it. What reason, then, any one has for adopting children, what considerations of family or dignity are involved, what principles of religion are concerned, are questions which are accustomed to be put to the college of priests. What if all these circumstances are found to exist in that adoption? The person who adopts him is twenty years old; a minor adopts a senator. Does he do so for the sake of having children? He is of an age to have them of his own. He has a wife; he has actually got children of his own. The father, then, will be disinheriting his own son. What? why should all the sacred rites of the Clodian family perish, as far as it depends on you? And that must have been the idea of all the priests when you were adopted. Unless, perchance, the question was put to you in this way,—whether you were intending to disturb the republic by seditions, and whether you wished to be adopted with that object, not in order to become that man’s son, but only in order to be made a tribune of the people, and by that means utterly to overthrow the state? You answered, I presume, that your object was only to be made a tribune. That appeared to the priests to be a sufficient reason. They approved of it. No questions were asked about the age of the man who was adopting you; as was done in the case of Cuæus Aufidius and Marcus Pupius, each of whom, within our recollection, when extremely old, adopted as sons, the one Orestes, and the other Piso. And these adoptions, like others, more than I can count, were followed by the inheritance of the name and property and sacred rites of the family. You are not Fonteius, as you ought to be, nor the heir of your new father; nor, though you have lost your right to the sacred ceremonies of your own family, have you availed yourself of those which belong to you by adoption. And so, having thrown the ceremonies of religion into confusion,—having polluted both families, both the one which you have abandoned and the one which you have entered,—having violated the legitimate practices of the Romans with respect to guardianships and inheritances, you have been made, contrary to all the requirements of religion, the son of that man of whom you were old enough to be the father.
XIV. I am speaking before the priests; I say that that adoption did not take place according to the sacerdotal law. In the first place, because your respective ages are such that the man who has adopted you as your father might, as far as his age went, have been your son; in the second place, because a question is usually put as to the reason for the adoption, in order that the adopter may be a person who is seeking by regular and sacerdotal law that which by the ordinary process of nature he is no longer able to obtain; and that he may adopt a son in such a manner, as to in nowise impair the dignity of the families or the reverence belonging to their sacred ceremonies; and, above all things, that no false pretence, or fraud, or trickery, may creep in; so that this fictitious adoption of a son may appear to imitate as far as possible the real case of children being born to a man. But what greater false pretence can there be than for a beardless young man, a vigorous man and a husband, to come forward, and to say that he wishes to adopt as his own son a senator of the Roman people, and for all men to know and see that this senator is adopted, not in order to become really the son of the plebeian, but merely in order that he may quit the patrician body, and be made a tribune of the people? And all that without any disguise. For in this case the adopted son was immediately emancipated, lest he should really have become the son of him who adopted him. Why then is he adopted at all? Only approve of this sort of adoption, and in a moment the sacred ceremonies of every family, of which you