Scaife ATLAS

For Aulus Caecina (101-104)

urn:cts:latinLit:phi0474.phi008.perseus-eng2:101-104

Refs	`{'start': {'reference': '101', 'human_reference': 'Section 101'}, 'end': {'reference': '104', 'human_reference': 'Section 104'}}`
Ancestors	`[]`
Children	`[]`

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I am not unaware, O judges, although I pass over many things bearing on this right, that still I have dwelt on it at greater length than the plan of your tribunal requires. But I did so, not because I thought that there was any need of urging this defence to you, but in order that all men might understand that the rights of citizenship never had been taken away from any one, and could not be taken away. As I wished those men, whom Sulla desired to injure, to know this, so I wished, also, all the other citizens, both new and old, to be acquainted with it. For no reason can be produced why, if the rights of citizenship could be taken from any new [*] citizen, they cannot also be taken away from all the patricians, from all the very oldest citizens.

For that, with respect to this cause, I had no alarm, may be understood in the first place from this consideration,—that you have no business to decide on that matter; and in the second place, that Sulla himself passed a law respecting the rights of citizenship, avoiding any taking away of the legal obligations and lights of inheritance of these men. For he orders the people of Ariminum to be under the same law that they have been. And who is there who does not know that they were one of the eighteen [*] colonies and that they were able to receive inheritances from Roman citizens? But if the rights of citizenship could by law be taken from Aulus Caecina, still it would be more natural for us and all good men now to inquire by what means we could relieve from injustice, and retain as a citizen, a most well-tried and most virtuous man, a man of the greatest wisdom, of the greatest virtue, of the greatest authority at home, than now, when he could not lose any particle of his right of citizenship, for any man to be found, except one like to you, O Sextus, in folly and impudence, who should venture to say that his rights of citizenship have been taken from him.

And since, O judges, he has never abandoned his full rights, and has never yielded any point to their audacity and insolence, I will say nothing more about the common cause, and I leave the rights of the Roman people to the protection of your good faith and conscientious decision.

That man has always desired the good opinion of you and of men like you so much that that is one of the points about which he has been most anxious in this cause; nor has he been struggling for anything else than not to seem to abandon his right in an indifferent manner; he has not been more afraid of being thought to despise Aebutius than of being supposed to be despised by him.

Wherefore, if, without entering on the merits of the case for a moment, I may speak of the man; you have a man before you of eminent modesty, of tried virtue, of well-proved loyalty, known both in good and bad fortune to the most honourable men of all Etruria by many proofs of virtue and humanity. If we must find fault with the opposite side, you have a man before you, to say no more, who admits that he collected armed men together. If, without reference to the individuals, you inquire into the case; as this is a trial about violence,—as he who is accused admits that he committed violence with the aid of armed men, as he endeavours to defend himself by the letter of the law, not by the justice of his cause, as you see that even the letter of the law is against him, and that the authority of the wisest men is on our side; that the question before the court is not whether Caecina was in possession or not, and yet that it can be proved that he was in possession; that still less is it the question whether the farm belonged to Aulus Caecina or net, and yet that I myself have proved that it did belong to him;—as all this is the case, decide what the interests of the republic with reference to armed men, what his own confession of violence, what our decision with respect to justice, and what the terms of the interdict respecting right, admonish you to decide.

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the	57	w	3151
law	5	w	3154
is	25	w	3156
against	1	w	3163
him	5	w	3166
and	21	w	3170
that	19	w	3174
the	58	w	3177
authority	2	w	3186
of	44	w	3188
the	59	w	3191
wisest	1	w	3197
men	11	w	3200
is	27	w	3202
on	31	w	3204
our	5	w	3207
side	3	w	3211
that	20	w	3216
the	60	w	3219
question	1	w	3227
before	4	w	3233
the	61	w	3236
court	1	w	3241
is	28	w	3243
not	11	w	3246
whether	1	w	3253
Caecina	2	w	3260
was	3	w	3263
in	47	w	3265
possession	1	w	3275
or	25	w	3277
not	12	w	3280
and	22	w	3284
yet	1	w	3287
that	21	w	3291
it	38	w	3293
can	3	w	3296
be	27	w	3298
proved	2	w	3304
that	22	w	3308
he	83	w	3310
was	4	w	3313
in	48	w	3315
possession	2	w	3325
that	23	w	3330
still	3	w	3335
less	1	w	3339
is	29	w	3341
it	39	w	3343
the	63	w	3346
question	2	w	3354
whether	2	w	3361
the	65	w	3364
farm	1	w	3368
belonged	1	w	3376
to	27	w	3378
Aulus	2	w	3383
Caecina	3	w	3390
or	26	w	3392
net	1	w	3395
and	23	w	3399
yet	2	w	3402
that	24	w	3406
I	15	w	3407
myself	1	w	3413
have	8	w	3417
proved	3	w	3423
that	25	w	3427
it	40	w	3429
did	2	w	3432
belong	2	w	3438
to	28	w	3440
him	6	w	3443
as	21	w	3447
all	10	w	3450
this	8	w	3454
is	31	w	3456
the	66	w	3459
case	3	w	3463
decide	2	w	3470
what	2	w	3474
the	67	w	3477
interests	1	w	3486
of	45	w	3488
the	68	w	3491
republic	1	w	3499
with	8	w	3503
reference	2	w	3512
to	29	w	3514
armed	3	w	3519
men	12	w	3522
what	3	w	3527
his	14	w	3530
own	2	w	3533
confession	1	w	3543
of	46	w	3545
violence	3	w	3553
what	4	w	3558
our	7	w	3561
decision	2	w	3569
with	9	w	3573
respect	3	w	3580
to	30	w	3582
justice	3	w	3589
and	24	w	3593
what	5	w	3597
the	69	w	3600
terms	1	w	3605
of	47	w	3607
the	70	w	3610
interdict	1	w	3619
respecting	2	w	3629
right	11	w	3634
admonish	1	w	3643
you	14	w	3646
to	31	w	3648
decide	3	w	3654