The Orations, Volume 3. Cicero
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abolished, and not one patrician will be left. For why should any one be willing to be incapable of being made a tribune of the people? to have his power of standing for the consulship narrowed? and, while he might arrive at the priesthood, not to arrive at it because there is not a vacancy at the moment for a patrician? Ref. 003 Whenever anything happens to any one to make it more convenient for him to be a plebeian, he will be adopted in the same manner as Clodius. And so in a short time the Roman people will neither have a king Ref. 004 of the sacrifices, nor flamines, Ref. 005 nor Salii, Ref. 006 nor one half of the rest of the priests, nor any one who has a right to open the comitia centuriata, or curiata; and the auspices of the Roman people must come to an end if no patrician magistrates are created, as there will be no interrex, Ref. 007 for he must be a patrician, and must be nominated by a patrician. I said before the priests, that that adoption had not been approved by any decree of this college; that it had been executed contrary to every provision of the sacerdotal law; that it ought to be considered as no adoption at all; and if there is an end to that, you see at once that there is an end likewise of the whole of your tribuneship.
XV. I come now to the augurs—and if they have any secret books I do not inquire into them; I am not very curious about inquiring into the principles of the augurs. I know, what I have learnt in common with all the people, what answers they have frequently given in the public assemblies. They say that it is contrary to divine law for any public business to be brought before the people when any proper officer is observing the heavens. Will you venture to deny that, on the day when the Lex curiata Ref. 008 concerning you is said to have been passed, the magistrates were observing the heavens? A man is here present in court, of the most eminent wisdom, and dignity, and authority, Marcus Bibulus. I assert that on that very day he, as consul, was observing the heavens. “What then,” you will say, “are then the acts of Caius Cæsar, that most admirable citizen, invalid in your opinion?” By no means; for there is not one of them which concerns me in the least, nor anything else except these weapons which by that man’s proceedings are hurled at me. But the matter of the auspices, which I am now touching on with extreme brevity, has been handled in this manner by you. You, when your tribuneship was in danger and was falling to pieces as it were, all of a sudden came forward as a patron of the auspices; you brought forward Marcus Bibulus and the augurs into the assembly; you questioned the augurs, and they replied that when any magistrate was observing the heavens, no business could be transacted in the assembly of the people. You questioned Marcus Bibulus, and he told you in reply that he had been observing the heavens; and he also said in the public assembly, when he was brought forward there by your brother Appius, that you were no tribune of the people at all, because you had been adopted contrary to the auspices. In the succeeding months your language constantly was, that everything which Caius Cæsar had done ought to be rescinded by the senate, because they had been done in disregard of the auspices; and if they were rescinded, you said that you would bring me back on your own shoulders into the city as the guardian of the city. See now, O priests, the insanity of the man, when by means of his tribuneship he was connected to such an extent with the acts of Cæsar. If the priests deciding according to the law relating to sacrifices, and the augurs according to the religious observance due to the auspices, upset your whole tribuneship, what more do you ask? do you want some still more evident argument drawn from the rights of the people and the laws?
XVI. It was perhaps about the sixth hour when I complained in the court of justice (when I was defending Caius Antonius, my colleague,) of some things in the republic which appeared to me to relate to the cause of that unhappy man. What I said was reported by some wicked men to some very eminent citizens in language very different from that which I had employed. At the ninth hour on that very same day you were adopted. If, while in all other laws there ought to be an interval of three days, it is sufficient in a law respecting an adoption that there should be one of three hours, I have nothing to object to. But if the same forms are to be observed,—if the senate decreed that the people was not bound by the laws of Marcus Drusus, which had been passed contrary to the provisions of the Cæcilian Ref. 009 and Didian laws,—you must see that by every description of right which prevails with regard to sacred things, to the auspices, or to the laws, you were not elected tribune of the people. And it is not without reason that I say no more on this point, for I see that some most eminent men, the chief men of the city, have given their decision on different occasions, that you could legally proceed with matters which came before the common people; who said too, with reference to my own case, though they said that the republic was murdered and buried by your motion, still that that burial, miserable and bitter as it was, was all according to law: they said that in carrying such a motion as you had carried concerning me a citizen, and one who had deserved well of the republic, you had inflicted a deadly wound on the republic; but, inasmuch as you had carried it with all due reverence for the auspices, they said that you had acted legally. Wherefore we, I imagine, may be allowed to abstain from attacking those actions by which they were induced to approve of the establishment of your tribuneship.
Suppose, however, that you were as rightly and legally tribune as Rullus himself, who is here present, a man most illustrious and honourable on every account; still, by what law, or in accordance with what precedent or what custom, did you pass a law affecting, by name, the civil rights of a citizen who had not been condemned?
XVII. The sacred laws,—the laws of the Twelve Tables, forbid bills to be brought in affecting individuals only; for such a bill is a privilegium. No one has ever carried such a bill. There is nothing more cruel, nothing more mischievous, nothing which this city can less tolerate. What was it in that miserable proscription, and all the other miseries of Sylla’s time, which was the most remarkable thing which will prevent the cruelties then practised from being ever forgotten? I imagine it was the fact that punishments were at that time proclaimed on Roman citizens by name without any trial. Will you, then, O priests, by this decision, and by your authority, give a tribune of the people power to proscribe whomsoever he chooses? For I ask what else proscribing is, excepting proposing such a law as this, “That you will decide and order that Marcus Tullius shall no longer be in the city, and that his property may become mine?” For this is the effect of what he carried, though the language is somewhat different. Is this a resolution of the people? Is this a law? Is this a motion? Can you endure this? Can the city endure that a single citizen should be removed out of the city by a single line? I, indeed, have now endured my share. I have no more violence to fear; I am in dread of no further attacks. I have satisfied the hostility of those who envied me; I have appeased the hatred of wicked men; I have satiated even the treachery and wickedness of traitors; and, what is more, by this time every city, all ranks of men, all gods and men have expressed their opinion on my case, which appeared to those profligate men to be exposed above all others as a mark for unpopularity. You now, O priests, are bound, as becomes your authority and your wisdom, to have regard in your decision to your own interests, and to those of your children, and to the welfare of the rest of the citizens.
For as the forms of proceeding before the people have been appointed by our ancestors to be so moderate,—so that in the first place no punishment affecting a man’s status as a citizen can be joined to any pecuniary fine; in the next place, that no one can be accused except on a day previously appointed; again, that the prosecutor must accuse him before the magistrate three times, a day being allowed to intervene between each hearing, before the magistrate can inflict any fine or give any decision; and when there is a fourth hearing for the accusation appointed after seventeen Ref. 010 days, on a day appointed, on which the judge shall give his decision; and when many other concessions have been granted to the defendants to give them an opportunity of appeasing the prosecutor, or of exciting pity; and besides this, the people is a people inclined to listen to entreaties, and very apt to give their votes for a defendant’s safety; and, beyond all this, if anything prevents the cause from being proceeded with on that day, either because of the auspices, or on any other plea or excuse, then there is an end to the whole cause and to the whole business.
XVIII. As these things, then, are so, where is the accusation, where is the prosecutor, where are the witnesses? What is more scandalous, than when a man has neither been ordered to appear, nor summoned, nor accused, for hired men, assassins, needy and profligate citizens, to give a vote touching his status as a citizen, his children, and all his fortune, and then to think that vote a law? But