Chapter 40

102 But let us return to your journey through Italy. You planted a colony at Casilinum, where Caesar had already planted one. You consulted me by letter about Capua, admittedly, but I would have given the same answer about Casilinum: could you lawfully plant a new colony where a colony already existed? I said that where a colony had been founded under the auspices, no new colony could lawfully be planted so long as the first remained intact. New colonists could be enrolled: that was my written answer. But you, swollen with arrogance and overturning the entire law of the auspices, planted a colony at Casilinum, where one had been planted only a few years before, so that you could raise the standard and drive the plow around the boundary. Indeed, with its plowshare you almost scraped the gate of Capua, diminishing the territory of that flourishing colony.

103 From this assault on religious law you swoop down on the estate at Casinum belonging to Marcus Varro, a man of the greatest integrity and honor. By what right? With what face? “By the same right,” you will say, “as I entered the estates of the heirs of Lucius Rubrius and Lucius Turselius, and countless other properties.” If you bought at auction, let the auction stand; let the accounts stand—Caesar’s, though, not yours: the accounts under which you owed money, not those by which you cleared your own debts. But who says that Varro’s estate at Casinum was sold? Who saw the auction spear for that sale? Who heard it proclaimed by the auctioneer? You claim you sent an agent to buy it from Caesar in Alexandria. It was too much, of course, to wait for Caesar himself.

102 But let’s return to your journey through Italy. You settled a colony at Casilinum, where Caesar had already settled one. You wrote asking my advice. Your question concerned Capua, admittedly, but I’d have given the same answer about Casilinum. Could you legally establish a new colony where one already existed? I said no. If a colony had been founded with the proper omens and remained intact, another couldn’t legally be founded there. I wrote that new settlers could be added. But arrogance carried you away. You overturned every rule about the omens and founded a colony at Casilinum. A colony had been founded there only a few years earlier. You wanted to raise the flag and plow the boundary. Your plowshare nearly scraped Capua’s gate. You were cutting into a flourishing colony’s territory.

103 After wrecking these religious rules, you swoop onto Marcus Varro’s estate at Casinum. He’s an exceptionally upright, honest man. What right did you have? How could you show your face? You’ll say, “The same right I had to the estates of Lucius Rubrius’s heirs and Lucius Turselius’s heirs, and countless other properties.” If they came through an auction, let the auction stand. Let the accounts stand too—but Caesar’s, not yours. His showed what you owed. Yours wiped out your debt. But who says Varro’s estate at Casinum was sold? Who saw an auction spear marking that sale? Who heard the auctioneer’s voice? You say you sent someone to Alexandria to buy it from Caesar. Apparently, waiting for Caesar himself was too much.