defenders of the acts of Caesar who overturn his laws?
Unless, indeed, anything which, for the purpose of
recollecting it, he entered in a note-book, is to
be counted among his acts, and defended, however unjust
or useless it may be; and that which he proposed to
the people in the comitia centuriata and carried,
is not to be accounted one of the acts of Caesar.
But what is that third decury? The decury of
centurions, says he. What? was not the judicature
open to that order by the Julian law, and even before
that by the Pompeian and Aurelian laws? The income
of the men, says he, was exactly defined. Certainly,
not only in the case of a centurion, but in the case,
too, of a Roman knight. Therefore, men of the
highest honour and of the greatest bravery, who have
acted as centurions, are and have been judges.
I am not asking about those men, says he. Whoever
has acted as centurion, let him be a judge. But
if you were to propose a law, that whoever had served
in the cavalry, which is a higher post, should be a
judge, you would not be able to induce any one to
approve of that; for a man’s fortune and worth
ought to be regarded in a judge. I am not asking
about those points, says he; I am going to add as judges,
common soldiers of the legion of Alaudae;[8] for our
friends say, that that is the only measure by which
they can be saved. Oh what an insulting compliment
it is to those men whom you summon to act as judges
though they never expected it! For the effect
of the law is, to make those men judges in the third
decury who do not dare to judge with freedom.
And in that how great, O ye immortal gods! is the error
of those men who have desired that law. For the
meaner the condition of each judge is, the greater
will be the severity of judgment with which he will
seek to efface the idea of his meanness; and he will
strive rather to appear worthy of being classed in
the honourable decuries, than to have deservedly ranked
in a disreputable one.
IX. Another law was proposed, that men who had
been condemned of violence and treason may appeal
to the public if they please. Is this now a law,
or rather an abrogation of all laws? For who is
there at this day to whom it is an object that that
law should stand? No one is accused under those
laws; there is no one whom we think likely to be so
accused. For measures which have been carried
by force of arms will certainly never be impeached
in a court of justice. But the measure is a popular
one. I wish, indeed, that you were willing to
promote any popular measure; for, at present, all
the citizens agree with one mind and one voice in
their view of its bearing on the safety of the republic.