Book 2
4.34
This division is of rhetorical value chiefly when a law is to be praised. For example the orator may advance from praise to praise by a series of gradations, praising an enactment first because it is law, secondly because it is public, and, finally, designed for the support of religion. As regards the questions which generally arise, they are common to all cases.
4.35
Doubts may be raised as to whether the mover is legally in a position to propose a law, as happened in the case of Publius Clodius, whose appointment as tribune of the plebs was alleged to be unconstitutional. Clodius was a patrician and got himself made a plebeian by adoption to enable him to hold the tribunate. The question of the legality of this procedure is discussed by Cicero in the de Domo, 13–17. Or the legality of the proposal itself may be impugned in various ways; it may for instance be urged that the law was not promulgated within seventeen Lit. within the space of three market-days. nundinum =9 days, the second market-day being the ninth, and forming the last day of the first nundinum and the first of the second. Similarly the third market-day is the last day of the second nundinum and the first of the third. days, or was proposed, or is being proposed on an improper day, or in defiance of the tribunicial veto or the auspices or any other legal obstacle, or again that it is contrary to some existing law.
