No Patrician could become a Tribune of the people; but a Patrician might be adopted by a Plebeian, and the adopted child would take the rank of his father--would, in fact, for all legal purposes, be the same as a son. For doing this in any case a law had to be passed--or, in other words, the assent of the people must be obtained and registered. But many conditions were necessary. The father intending to adopt must have no living son of his own, and must be past the time of life at which he might naturally hope to have one; and the adopted son must be of a fitting age to personate a son--at any rate, must be younger than the father; nothing must be done injurious to either family; there must be no trick in it, no looking after other result than that plainly intended. All these conditions were broken. The pretended father, Fonteius, had a family of his own, and was younger than Clodius. The great Claudian family was desecrated, and there was no one so ignorant as not to know that the purpose intended was that of entering the Tribunate by a fraud. It was required by the general law that the Sacred College should report as to the proper observances of the prescribed regulations, but no priest was ever consulted. Yet Clodius was adopted, made a Plebeian, and in the course of the year elected as Tribune.
In reading all this, the reader is mainly struck by the wonderful admixture of lawlessness and law-abiding steadfastness. If Cæsar, who was already becoming a tyrant in his Consulship, chose to make use of this means of silencing Cicero, why not force Clodius into the Tribunate without so false and degrading a ceremony? But if, as was no doubt the case, he was not yet strong enough to ignore the old popular feelings on the subject, how was it that he was able to laugh in his sleeve at the laws, and to come forth at a moment's notice and cause the people to vote, legally or illegally, just as he pleased? It requires no conjurer to tell us the reason. The outside hulls and husks remain when the rich fruit has gone. It was in seeing this, and yet not quite believing that it must be so, that the agony of Cicero's life consisted. There could have been no hope for freedom, no hope for the Republic, when Rome had been governed as it was during the Consulship of Cæsar; but Cicero could still hope, though faintly, and still buoy himself up with remembrances of his own year of office.