The Roman Questions (80-81)

Why was it that when they gave a public banquet for men who had celebrated a triumph, they formally invited the consuls and then sent word to them requesting them not to come to the dinner?[*]

Was it because it was imperative that the place of honour at table and an escort home after dinner should be assigned to the man who had triumphed? But these honours can be given to no one else when the consuls are present, but only to them.

Why does not the tribune wear a garment with the purple border,[*] although the other magistrates wear it?

Is it because he is not a magistrate at all? For tribunes have no lictore, nor do they transact business

seated on the curule chair, nor do they enter their office at the beginning of the year[*] as all the other magistrates do, nor do they cease from their functions when a dictator is chosen: but although he transfers every other office to himself, the tribunes alone remain, as not being officials but as holding some other position. Even as some advocates will not have it that a demurrer is a suit, but hold that its effect is the opposite of that of a suit; for a suit brings a case into court and obtains a judgement, while a demurrer takes it out of court and quashes it; in the same way they believe that the tribuneship is a check on officialdom and a position to offer opposition to magistracy rather than a magistracy. For its authority and power consist in blocking the power of a magistrate and in the abrogation of excessive authority.

Or one might expound these matters and others like them, if one were to indulge in the faculty of invention: but since the tribunate derives its origin from the people, the popular element in it is strong: and of much importance is the fact that the tribune does not pride himself above the rest of the people, but conforms in appearance, dress, and manner of life to ordinary citizens. Pomp and circumstance become the consul and the praetor: but the tribune, as Gaius Curio used to say, must allow himself to be trodden upon: he must not be proud of mien, nor difficult of access nor harsh to the multitude, but indefatigable on behalf of others and easy for the multitude to deal with. Wherefore it is the custom that not even the door of his house shall be closed, but it remains open both night and day as a haven of refuge for such as need it. The more humble he is

in outward appearance, the more is he increased in power. They think it meet that he shall be available for the common need and be accessible to all, even as an altar: and by the honour paid to him they make his person holy, sacred, and inviolable.[*] Wherefore if anything happen to him when he walks abroad in public, it is even customary for him to cleanse and purify his body as if it had been polluted.