Roman History, 37.27

Cassius Dio  translated by Earnest Cary

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27Hence there arose turbulent factions and contentions about the court, the one party demanding that it should not be convened and the other that it should. 2When the latter party won, because of Caesar and some others, there was another clash regarding the character of the trial. Caesar himself was judge together with Lucius Caesar, for the charge against Rabirius was no ordinary one, but that of perduellio, as it was called; and they condemned him, although they had not been chosen according to precedent by the people, but by the praetor himself, which was not lawful. 3Rabirius appealed, and would certainly have been convicted by the people also, had not Metellus Celer, who was an augur and praetor, prevented it. When nothing else would cause them to heed him and they were unconcerned by the fact that the trial had been held in a manner contrary to custom, he ran up to the Janiculum before they took any vote at all, and pulled down the military flag, so that it was no longer lawful for them to reach a decision.

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