Question 81. Why did not the tribune of the people
wear a purple garment, whenas each of the other magistrates wore one?
Solution. What if the tribune is not a magistrate at
all? For he neither hath lictors, nor sitting in tribunal
doth he determine causes; neither do the tribunes, as the
rest, enter upon their office at the beginning of the year,
[p. 247]
nor do they cease when a dictator is chosen; but as if
they translated all magistratic power to themselves, they
continue still, being (as it were) no magistrates, but holding another kind of rank. And as some rhetoricians will
not have a prohibition to be judicial proceeding, seeing it
doth something contrary to judicial proceeding,—for the
one brings in an action at law and gives judgment upon
it, but the other nonsuits it and dismisseth the cause,—
after the like manner they are of opinion that tribuneship
is rather a curb to magistracy, and that it is an order
standing in opposition to government rather than a piece
of government itself; for the tribune's office and authority
is to withstand the magistrate's authority, even to curtail
his extravagant power. Perhaps these and similar reasons may be mere ingenious devices; but in truth, since
tribuneship takes its original from the people, popularity
is its stronghold, and it is a great thing not to carry it
above the rest of the people, but to be like the citizens
they have to do with in gesture, habit, and diet. State
indeed becomes a consul and a praetor; but as for a tribune (as Caius Curio saith), he must be one that even is
trampled upon, not grave in countenance, nor difficult of
access, nor harsh to the rabble, but more tractable to them
than to others. Hence it was decreed that the tribune's
doors should not be shut, but be open night and day as
a haven and place of refuge for distressed people. And
the more condescending his outward deportment is, by so
much the more doth he increase in his power; for they
dignify him as one of public use, and to be resorted to of
all sorts even as an altar; therefore by the reverence they
give him, he is sacred, holy, and inviolable; and when he
makes a public progress, it is a law that every one should
cleanse and purify the body as defiled.
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