30.
The Roman citizens who left Rome
and went to the Latin colonies could not be made Latins, unless they
themselves promoted such a change, and gave in their names themselves. Those
men who had been condemned on a capital charge, did not lose their rights as
citizens of this city before they were received as citizens of that other
city to which they had gone for the sake of changing their abode. Our
ancestors took care that they should do so, not by taking away their rights
of citizenship, but only their house, and by interdicting them from fire and
water within the city.
[79]
The Roman people
on the motion of Lucius Sulla, the dictator, in the comitia centuriata, took away the rights of citizenship from
the municipal towns, and at the same time took away their lands. The decree
about the lands was ratified, for that the people had power to pass; but
their decree concerning the rights of citizenship did not last even as long
as the disturbances of the time of Sulla. Shall we then say that Lucius
Sulla, victorious as he was, after he had been restored to the republic,
could not in the comitia centuriata take away
the rights of citizenship from the people of Volaterra, even though they
were in arms at the time;—and the Volaterrans to this day enjoy
the rights of citizenship in common with ourselves, being not only citizens,
but most excellent citizens too;—and allow that Publius Clodius,
at a time when the republic was utterly overturned, could take away his
rights as a citizen from a man of consular rank, by summoning an assembly,
and hiring bands not only of needy citizens, but even of slaves, with
Sedulius as their imputed leader, though he declares that on that day he was
not in Rome at all?
[80]
And, if he was not, what could be a
more audacious thing than your putting his name to that bill? What could be
more desperate than your condition, when, even if you told a lie about it
you could not get up any more respectable authority? But if he was the first
person who voted for it as he easily might have been, as he was a man who,
for want of a house, slept all night in the forum, why should he not swear
that he was at Cadiz, when you have
proved so very distinctly that you were at Interamna? Do you, then,—you, a man devoted to
the people,—think that our rights as citizens, and our freedom,
ought to he established on this principle; so that when a tribune of the
people brings forward a motion, “Do you approve and
determine”
* * * *if a hundred Sedulii should say that they do approve and determine, any one of us may lose our privileges? Our ancestors, then, were not attached to the interests of the people, who with respect to the rights of citizenship and liberty established those principles which neither the power of time, nor the authority of magistrates, nor the decisions of judges, nor the sovereign power of the whole people of Rome, which in all other affairs is most absolute, can undermine. [81] But you, also, you who take men's rights as citizens from them, have also passed a law with respect to public injuries in favour of some fellow of Anagnia, of the name of Maerula, and he on account of that law has erected a statue to you in my house; so that the place itself, in hearing witness to your prodigious injustice, might refute the law and inscription on your statue. And that law was a much greater cause of grief to the citizens of Anagnia than the crimes which that gladiator had committed in that municipal town.
* * * *if a hundred Sedulii should say that they do approve and determine, any one of us may lose our privileges? Our ancestors, then, were not attached to the interests of the people, who with respect to the rights of citizenship and liberty established those principles which neither the power of time, nor the authority of magistrates, nor the decisions of judges, nor the sovereign power of the whole people of Rome, which in all other affairs is most absolute, can undermine. [81] But you, also, you who take men's rights as citizens from them, have also passed a law with respect to public injuries in favour of some fellow of Anagnia, of the name of Maerula, and he on account of that law has erected a statue to you in my house; so that the place itself, in hearing witness to your prodigious injustice, might refute the law and inscription on your statue. And that law was a much greater cause of grief to the citizens of Anagnia than the crimes which that gladiator had committed in that municipal town.