non referam. The real reason of his refusal was that the senate, not being a judicial court, had no power to pass sentence upon any individual. Moreover exile was not technically a punishment known to Roman law; it was merely a recognized means of anticipating a sentence. See [on §28 below].
hi, the senators.
After proficiscere Cicero pauses, to give time for an expression of opinion from the senators. As they are silent he resumes, 'Quid est,' etc. Cf. the rhetorical artifice in Demosth. de Cor. §52.
auctoritatem, expressed request; voluntatem, unexpressed desire.
Sestio. Now quaestor; tribune in 57 b.c. when he was active in promoting Cicero's return from exile. In 56 Cicero defended him on a charge of riot.
M. Marcello, consul 51 b.c. Opposed Caesar; but was recalled from exile by him and pardoned 46 b.c.
vim et manus, hendiadys.
cum, with indicative, [see note on 1. 7]. 'By their silence, they approve.'
cara, because he professed himself ready to submit to a decree of the senate ordering his exile.