4.
In the meantime, after a sufficiently long interval, having gone with Lucius Lucullus into
Sicily, and having afterwards departed from that province in the company of the same Lucullus,
he came to Heraclea. And as that city was one which enjoyed all the rights of a confederate
city to their full extent, he became desirous of being enrolled as a citizen of it. And, being
thought deserving of such a favour for his own sake, when aided by the influence and authority
of Lucullus, he easily obtained it from the Heracleans.
[7]
The
freedom of the city was given him in accordance with the provisions of the law of Silvanus and
Carbo: “If any men had been enrolled as citizens of the confederate cities, and if,
at the time that the law was passed, they had a residence in Italy, and if within sixty days
they had made a return or themselves to the praetor.” As he had now had a residence
at Rome for many years, he returned himself as a citizen to the praetor, Quintus Metellus, his
most intimate friend.
[8]
If we have nothing else to speak about
except the rights of citizenship and the law, I need say no more. The cause is over. For which
of all these statements, O Gratius, can be invalidated? Will you deny that he was enrolled, at
the time I speak of, as a citizen of Heraclea? There is a man present of the very highest
authority, a most scrupulous and truthful man, Lucius Lucullus, who will tell you not that he
thinks it, but that he knows it; not that he has heard of it, but that he saw it; not even
that he was present when it was done, but that he actually did it himself. Deputies from
Heraclea are present, men of the highest rank; they have come expressly on account of this
trial, with a commission from their city, and to give evidence on the part of their city; and
they say that he was enrolled as a Heraclean. On this you ask for the public registers of the
Heracleans, which we all know were destroyed in the Italian war, when the register office was
burnt. It is ridiculous to say nothing to the proofs which we have, but to ask for proofs
which it is impossible for us to have; to disregard the recollection of men, and to appeal to
the memory of documents; and when you have the conscientious evidence of a most honourable
man, the oath and good faith of a most respectable municipality, to reject those things which
cannot by any possibility be tampered with, and to demand documentary evidence, though you say
at the same moment that that is constantly played tricks with.
[9]
“But he had no residence at Rome.” What, not he who for so many years
before the freedom of the city was given to him, had established the abode of all his property
and fortunes at Rome? “But he did not return himself.” Indeed he did, and
in that return which alone obtains with the college of praetors the authority of a public
document.
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