13.
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.
[34]
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.
[35]
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 Cnaeus 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.
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