"Orations" - читать интересную книгу автора (Cicero Marcus Tullius)

the republic, as a law of his? Ask for the acts of Gracchus, the
Sempronian laws will be brought forward; ask for those of Sylla, you
will have the Cornelian laws. What more? In what acts did the third
consulship of Cnaeus Pompeius consist? Why, in his laws. And if you
could ask Caesar himself what he had done in the city and in the garb
of peace, he would reply that he had passed many excellent laws; but
his memoranda he would either alter or not produce at all; or, if
he did produce them, he would not class them among his acts. But,
however, I allow even these things to pass for acts; at some things I
am content to wink; but I think it intolerable that the acts of Caesar
in the most important instances, that is to say, in his laws, are to
be annulled for their sake.

VIII. What law was ever better, more advantageous, more frequently
demanded in the best ages of the republic, than the one which forbade
the praetorian provinces to be retained more than a year, and the
consular provinces more than two? If this law be abrogated, do you
think that the acts of Caesar are maintained? What? are not all the
laws of Caesar respecting judicial proceedings abrogated by the law
which has been proposed concerning the third decury? And are you the
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.