Cicero Pro Caelio Translation

November 14, 2016 | Author: Gayatri Gogoi | Category: N/A
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Cicero Pro Caelio Translation...

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Si quis, iudices, forte nunc adsit ignarus legum, iudiciorum, consuetudinis nostrae, miretur profecto, quae sit tanta atrocitas huiusce causae, quod diebus festis ludisque publicis, omnibus forensibus negotiis intermissis unum hoc iudicium exerceatur, nec dubitet, quin tanti facinoris reus arguatur, ut eo neglecto civitas stare non possit; idem cum audiat esse legem, quae de seditiosis consceleratisque civibus, qui armati senatum obsederint, magistratibus vim attulerint, rem publicam oppugnarint, cotidie quaeri iubeat: legem non improbet, crimen quod versetur in iudicio, requirat; cum audiat nullum facinus, nullam audaciam, nullam vim in iudicium vocari, sed adulescentem illustri ingenio, industria, gratia accusari ab eius filio, quem ipse in iudicium et vocet et vocarit, oppugnari autem opibus meretriciis: [Atratini] illius pietatem non reprehendat, muliebrem libidinem comprimendam putet, vos laboriosos existimet, quibus otiosis ne in communi quidem otio liceat esse.

1. O jurors, if by chance someone were now present, unacquainted with our laws, our judgements, our customs, surely, he would wonder, what atrocity so great might exist in this case before us, in that [even] with the festival days and public games, when all the affairs of the forum are interrupted, this one trial is carried out, and he would not doubt that the man accused of so great a wickedness is being prosecuted, as with it being neglected, the state could not stand. Were the same man to hear that there is a law, which every day orders matters to be investigated about seditious and conspiring citizens, who might have seized arms and besieged the senate, attained magistracies by force, and attacked the Republic, he would not reject the law, but he would ask what crime here lay in judgement; and when he heard that no crime, no audacity, no violence is called into judgement, but that a young man with a distinguished character, with diligence, with grace, is accused by the son of that man, whom he himself calls and has called to trial, and that he is attacked however by the resources of whores! He would not find fault the duty of that man Atratinus, he would think that womanly lust should be restrained, he would reckon that you are overworked, for whom to be at rest is not allowed even when the general public are. [2] Etenim si attendere diligenter, existimare vere de omni hac causa volueritis, sic constituetis, iudices, nec descensurum quemquam ad hanc accusationem fuisse, cui, utrum vellet, liceret, nec, cum descendisset, quicquam habiturum spei fuisse, nisi alicuius intolerabili libidine et nimis acerbo odio niteretur. Sed ego Atratino, humanissimo atque optimo adulescenti meo necessario, ignosco, qui habet excusationem vel pietatis vel necessitatis vel aetatis. Si voluit accusare, pietati tribuo, si iussus est, necessitati, si speravit aliquid, pueritiae. Ceteris non modo nihil ignoscendum, sed etiam acriter est resistendum. Since if you want to carefully pay attention, to judge truly about the whole of this case, thus you will decide, gentlemen of the jury, neither that noone would have descended to this accusation, [if he had any choice], nor, when he had descended, would there have been any hope, unless he were to depend on someone with intolerable lust and with an excessively bitter hatred. But I forgive Atratiunus, a most cultured and excellent young man, my friend, who has the excuse of duty, necessity or age. If he wanted to accuse, I attribute it to duty, if he was ordered, to necessity, if he hoped for something, to boyhood. The rest must not only be in no way ignored but also must be resisted fiercely. [17] Nam quod aes alienum obiectum est, sumptus reprehensi, tabulae flagitatae, videte, quam pauca respondeam. Tabulas, qui in patris potestate est, nullas conficit. Versuram numquam omnino fecit ullam. Sumptus unius generis obiectus est, habitationis; triginta milibus dixistis eum habitare. Nunc demum intellego P. Clodi insulam esse venalem, cuius hic in aediculis habitat decem, ut opinor, milibus. Vos autem dum illi placere voltis, ad tempus eius mendacium vestrum accommodavistis. 17. For in respect to the debt with which he is charged, his expenses seized , his account books requisitioned, see how briefly I may respond. A man, who is under his father’s power, prepares no accounts. He has never at all incurred any debt. He is charged with only one kind of expense, his rent; you have claimed that his rent is 30 000 sesterces. Now at last I realise that P. Clodius’ block of flats is for sale, in which this man lives in an apartment for 10 000 sesterces, so I believe. However while you want to please that man, you have allowed your lie to accommodate his needs. [18] Reprehendistis, a patre quod semigrarit. Quod quidem iam in hac aetate minime reprehendendum est.

Qui cum et ex publica causa iam esset mihi quidem molestam, sibi tamen gloriosam victoriam consecutus et per aetatem magistratus petere posset, non modo permittente patre, sed etiam suadente ab eo semigravit et, cum domus patris a foro longe abesset, quo facilius et nostras domus obire et ipse a suis coli posset, conduxit in Palatio non magno domum. Quo loco possum dicere id, quod vir clarissimus, M. Crassus, cum de adventu regis Ptolemaei quereretur, paulo ante dixit: Sic enim, iudices, reperietis, quod, cum ad id loci venero, ostendam, hanc Palatinam Medeam migrationemque hanc adulescenti causam sive malorum omnium sive potius sermonum fuisse 18. You have blamed him because he lived away from his father, that which in fact now in a man of his age must not be blamed at all. Since however already out of both a public case and a victory he obtained victory, which indeed was troublesome for me but glorious for him, and he was able to seek a magistracy by his age, not only with his father allowing him, but also encouraging him to live away from him, and, since his father’s house was far away from the forum, he rented a house for a small amount on the Palatine, so he could more easily go to our homes and he himself receive visits from his own friends. On this subject, I can say this, what a most distinguished man, M. Crassus, said before, when he was complaining about the arrival of king Ptolomy; “Would that never in the Pelian groves -” And may I be allowed rather longer To quote this poem: For a wandering mistress would never produce this trouble for us Medea with a sick heart, wounded by a savage love. This, gentlemen of the jury, you will find what I will show when I come to this point, that this Palatine Medea and this move was either the cause of all the evils of the young man or rather the gossip. Utinam ne in nemore Pelio— Ac longius quidem mihi contexere hoc carmen liceret: Nam numquam era errans hanc molestiam nobis exhiberet Medea animo aegra, amore saevo saucia. [19] Quam ob rem illa, quae ex accusatorum oratione praemuniri iam et fingi intellegebam, fretus vestra prudentia, iudices, non pertimesco. Aiebant enim fore testem senatorem, qui se pontificiis comitiis pulsatum a Caelio diceret. A quo quaeram, si prodierit, primum cur statim nihil egerit, deinde, si id queri quam agere maluerit, cur productus a vobis potius quam ipse per se, cur tanto post potius quam continuo queri maluerit. Si mihi ad haec acute arguteque responderit, tum quaeram denique, ex quo iste fonte senator emanet. Nam si ipse orietur et nascetur ex sese, fortasse, ut soleo, commovebor; sin autem est rivolus accersitus et ductus ab ipso capite accusationis vestrae, laetabor, cum tanta gratia tantisque opibus accusatio vestra nitatur, unum senatorem solum esse, qui vobis gratificari vellet, inventum. 19. On account of that assertion, which I understand now to be invented and fortified which I infer from the speech of the accusers, trusting in your wisdom, gentlemen of the jury, I am not afraid. For they were saying that there would be a senator as a witness, who would say that he was beaten up by Caelius at the election of priests. From this man, I shall ask, if he appears, why at first did he immediately do nothing, then, if he preferred to complain about this rather than take legal action, I shall ask why he preferred to be brought forth by you rather than through his own self, why he preferred to complain so much later rather than straightaway. If he answers to these questions for me sharply and assertively, then I will finally ask, from what source that senator flows. For if on his own he will arises and will appear by himself, perchance, I shall be moved, as I usually am, if however he is a rivulet summoned and drawn from the source itself of your prosecution, I will rejoice that, although your accusation relies on such great wealth and such great influence, only one senator was found, who was willing to oblige you.

[20] Nec tamen illud genus alterum nocturnorum testium pertimesco. Est enim dictum ab illis fore, qui dicerent uxores suas a cena redeuntes attrectatas esse a Caelio. Graves erunt homines, qui hoc iurati dicere audebunt, cum sit iis confitendum numquam se ne congressu quidem et constituto coepisse de tantis iniuriis experiri. Sed totum genus oppugnationis huius, iudices, et iam prospicitis animis et, cum inferetur, propulsare debebitis. Non enim ab isdem accusatur M. Caelius, a quibus oppugnatur; palam in eum tela iaciuntur, clam subministrantur. 20. Nor however am I afraid of that other kind of night witnesses. For it is claimed by these people [prosecutors] that there will be men who will say that their wives while returning from dinner were assaulted by Caelius. They are serious men who will dare to swear this oath, although they must admit that they never began to seek redress in relation such great crimes, not even with private meetings and agreements .Gentlemen of the jury, you look out for the whole type of this attack in your mind, and when it is carried out, you will have to ward it off. For Marcus Caelius is not accused by the same ones by whom he was attacked; openly spears thrown at him, secretly, they are being supplied. 21. Nor do I say this to be hostile against those for whom this matter even ought to be full of glory. They perform business, they protect their own men, they do that which the bravest men usually do; injured, they suffer, angered, they rise up, provoked, they fight. But however it is of your wisdom, o judges, if brave men have a just reason for attacking M. Caelius, not for that reason to think that, there is also cause for you to think it is just, consulting the cause of someone else’s pain rather than your own sense of honour. You see now what a great crowd may be in the forum, what classes they might be, what desires they might have, what diversities of men. From this throng how many do you judge to be the sort who are accustomed to offering themselves of their own accord to a man who is powerful, popular, and eloquent, when they think they want something, to diligently perform a service, to promise their testimony? 22 hoc ex genere si qui se in hoc iudicium forte proiecerint, excluditote eorum cupiditatem, iudices, sapientia vestra, ut eodem tempore et huius saluti et religioni vestrae et contra periculosas hominum potentias condicioni omnium civium providisse videamini. equidem vos abducam a testibus neque huius iudici veritatem quae mutari nullo modo potest in voluntate testium conlocari sinam quae facillime fingi, nullo negotio flecti ac detorqueri potest. argumentis agemus,signis luce omni clarioribus crimina refellemus; res cum re, causa cum causa, ratiocum ratione pugnabit. 22. From this class if there are men who by chance have thrust themselves into this trial, shut out their greedy desire, o judges, in your wisdom, so that at the same time you are seen to have cared for both the safety of this man, your own duty and also the general welfare of all citizens against the dangerous powers of men. Indeed I will lead you away from the witnesses and nor will I allow the truth of this trial which is possible to change in no way, to be depend upon the desire of witnesses, which can be manipulated, be twisted and altered more easily than any other business. We shall conduct the case with arguments, we shall rebut the charges with proofs clearer than all daylight, fact will fight with fact, charge with charge, reckoning with reckoning.

itaque illam partem causae facile patior graviter et ornate a M. Crasso peroratam de seditionibus Neapolitanis, de Alexandrinorum pulsatione Puteolana, de bonis pallae. vellem dictum esset ab eodem etiam de Dione. de quo ipso tamen quid est quod exspectetis? quod is qui fecit aut non timet aut etiam fatetur; est enim rex;qui autem dictus est adiutor fuisse et conscius, P. Asicius, iudicio est liberatus. quod igitur est eius modi crimen ut qui commisit non neget, qui negavit absolutussit, id hic pertimescat qui non modo a facti verum etiam a conscientiae suspicione afuit? et, si Asicio causa plus profuit quam nocuit invidia, huic oberit maledictum tuum qui istius facti non modo suspicione sed ne infamia quidem est aspersus? 23. Therefore I easily allow that that part of the case was concluded seriously and eloquently by Marcus Crassus about the seditions of Naples, about the expulsions of the Alexandrians from Puteolana, about the goods of Palla. I even wish that the same man had discussed about Dio. Yet about this itself what is it that

you are waiting for? The man who did it is either not afraid, or even admits it; for he is a king; he however who is said to have been a help and conspirator, P. Asicius, has been freed by a trial. Therefore, should this man, who not only was removed from suspicion of the deed but also far from knowledge of it, be afraid of a charge which is of such a type that he who has committed it does not deny it, that he who has denied it has been absolved of it? And, if the case benefited Asicius than ill-will has hurt him, will your slander harm this man who not only is not strewn with suspicion but also no ill repute. 24. at praevaricatione est Asicius liberatus. perfacile est isti loco respondere,mihi praesertim a quo illa causa defensa est. sed Caelius optimam causam Asici esse arbitratur; cuicuimodi autem sit, a sua putat esse seiunctam. neque solum Caelius sed etiam adulescentes humanissimi et doctissimi, rectissimis studiis atque optimis artibus praediti, Titus Gaiusque Coponii qui ex omnibus maxime Dionis mortem doluerunt, qui cum doctrinae studio atque humanitatis tum etiam hospitio Dionis tenebantur. habitabat apud Titum, ut audistis, Dio, erat ei cognitus Alexandriae. quid aut hic aut summo splendore praeditus frater eius de M. Caelio existimet ex ipsis, si producti erunt, audietis. 24. Oh but, Asicius was freed through collusion. It is very easy to reply to that point, especially for me, by whom that case was defended. But Caelius thinks that the charge of Asicius is excellent, however of whatever sort it is, he thinks that it is separate from his case. And not only Caelius but also very cultured and very learned young men, gifted with being most upright in their studies and the best in their pursuit, Titus and Gaius Coponius and who have lamented most greatly out of everyone the death of Dio, who were bound not only with the pursuit of learning and humanity but also even with the hospitality of Dio. Dio was living with Titus, as you have heard, he had become acquainted with him at Alexandria. What either he gifted with his brilliance or his brother think about Marcus Caelius, you will hear from them themselves, if they are brought out [as witnesses]. [25] ergo haec removeantur, ut aliquando, in quibus causa nititur, ad ea veniamus. Animadverti enim, iudices, audiri a vobis meum familiarem, L. Herennium, perattente. In quo etsi magna ex parte ingenio eius et dicendi genere quodam tenebamini, tamen non numquam verebar ne illa subtiliter ad criminandum inducta oratio ad animos vestros sensim ac leniter accederet. enim multa de luxurie, multa de libidine, multa de vitiis iuventutis, multa de moribus et, qui in reliqua vita mitis esset et in hac suavitate humanitatis qua prope iam delectantur omnes versari periucunde soleret, fuit in hac causa pertristis quidam patruus, censor, magister; obiurgavit. M. Caelium, sicut neminem umquam parens; multa de incontinentia intemperantiaque disseruit. Quid quaeritis, iudices? ignoscebam vobis attente audientibus, propterea quod egomet tam triste illud, tam asperum genus orationis horrebam. 25. Therefore let this be put aside, so that at last we might come to the things on which case depends. For I noticed, o jurors, that my friend, Lucius Herennius, was being heard by you very attentively. In this, although you were captivated by his character and by his certain way of speaking, sometimes however I was afraid that that this speech, subtly introduced to accuse a crime approached gradually and softy to your minds. For he said much about luxury, much about pleasure, much about the vices of youths, much about customs, and, he in the rest of his life he is pleasant and practises the charm of gentlemanly behaviour, was in this case an overbearing uncle, a censor, a schoolmaster. He scolded Marcus Caelius, just as no parent ever did; he explained much about greediness and extravagance. What do you look for, judges? I began to forgive you for listening so attentively, on the grounds that I myself was horrified at this kind of speech so rough and so abrasive. [26] ac prima pars fuit illa quae me minus movebat, fuisse meo necessario Bestiae Caelium familiarem, cenasse apud eum, ventitasse domum, studuisse praeturae. non me haec movent quae perspicue falsa sunt; etenim eos una cenasse dixit qui aut absunt aut quibus necesse est idem dicere. neque vero illud me commovet quod sibi in Lupercis sodalem esse Caelium dixit. fera quaedam sodalitas et plane pastoricia

atque agrestis germanorum Lupercorum, quorum coitio illa silvestris ante est instituta quam humanitas atque leges, si quidem non modo nomina deferunt inter se sodales sed etiam commemorant sodalitatem in accusando, ut ne quis id forte nesciat timere videantur! 26. And the first part was this which affected me less, that Caelius was familiar with my own intimate friend Bestia, that he dined with him, that he often visited his house, that he aided him with with praetorship. These things did not affect me because clearly they are false; for indeed he says that those men dined together, who are either absent or for whom it is necessary to say the same. Nor indeed does it affect me the fact that he said that Caelius was his compantion in the Lupercal Games. Certainly it’s a very savage companionship and a wholly rough and rustic one, of real wolf-brothers, whose that gathering in the woods put into place before culture or laws, if since not only do companions lay information against each other but also they mention the fellowship by accusing each other, so that they seem to fear, lest anyone be ignorant of it! [27] sed haec omitto; ad illa quae me magis moverunt respondeo, deliciarum obiurgatio fuit longa, etiam lenior, plusque disputationis habuit quam atrocitatis, quo etiam audita est attentius. nam P. Clodius, amicus meus, cum se gravissime vehementissimeque iactaret et omnia inflammatus ageret tristissimis verbis, voce maxima, tametsi probabam eius eloquentiam, tamen non pertimescebam; aliquot enim in causis eum videram frustra litigantem. tibi autem,Balbe, respondeo primum precario, si licet, si fas est defendi a me eum qui nullum convivium renuerit, qui in hortis fuerit, qui unguenta sumpserit, qui Baias viderit. 27. But I pass over these things; I reply to those points which have affected me more. The rebuking of allurements was long, even more gentle, and had more argument than fierceness, as a result of which it was heard even more attentively. For Publius Clodius, my friend, when he was uttering most seriously and violently and incensed conducted everything with the most gloom laden words, at the top of his voice, although I admire his eloquence, I however was not afraid; for I had seen him litigating in vain in several cases. To you however, Balbus, I reply first of all, by your leave, if it is allowed, if it is right for him to be defended by me a man who refuses no banquet, who has been in a pleasure-garden, who applies perfumes, who has seen Baiae. 28. Indeed I both have seen men and hear that many men in this state, not only those who tasted this kind of life by whetting their lips and, as people say, touched it with their fingertips, but who have given their youth to pleasures, have emerged at some time and, as it is said, turned over a new leaf and become serious and distinguished men. For by the leave of all men some indulgence is given to this age, and nature itself pours out youthful desires. If these burst forth in such a way so that they shake up no no-one’s, they overturn no-one’s home, they are manageable and pardonable are usually borne. [29] sed tu mihi videbare ex communi infamia iuventutis aliquam invidiam Caelio velle conflare. itaque omne illud silentium quod est orationi tributum tuae fuit ob eam causam quod uno reo proposito de multorum vitiis cogitabamus. facile est accusare luxuriem. dies iam me deficiat, si quae dici in eam sententiam possunt coner expromere; de corruptelis, de adulteriis, de protervitate, de sumptibus immensa oratio est. Vt tibi reum neminem sed vitia ista proponas, res tamen ipsa et copiose et graviter accusari potest. sed vestrae sapientiae, iudices, est non abduci ab reo nec, quos aculeos habeat severitas gravitasque vestra, cum eos accusator erexerit in rem, in vitia, in mores, in tempora, emittere in hominem et in reum, cum is non suo crimine sed multorum vitio sit in quoddam odium iniustum vocatus. But you seemed to me to want to inflame some ill-will for Caelius from the general ill-repute of youth.

Therefore all that silence that was assigned to your speech was caused by the reason that although there was only one defendant put forward, we were thinking about the vices of many. It is easy to blame luxury. The day would already be failing me, if I were to try to show the things which can be said on this sentiment; about corruption, about adulteries, about impudence, about expenses, the speech is endless. Though one might propose no specific defendant but those very vices, the matter itself however can be reproached both abundantly and seriously. But it is characteristic of your wisdom, O judges, not to be alienated from the defendant, and, as for those stings, which your severity and seriousness possess, when a prosecutor arouses them against a subject matter, against vices, against customs, against the times not to discharge them into the man and the defendant, since in an unjust hatred he is accused not of his own crime but of the vices of many.

[30] itaque ego severitati tuae ita ut oportet respondere non audeo. erat enim meum deprecari vacationem adulescentiae veniamque petere. non, inquam,audeo; perfugiis nihil utor aetatis, concessa omnibus iura dimitto; tantum peto ut,si qua est invidia communis hoc tempore aeris alieni, petulantiae, libidinum iuventutis, quam video esse magnam, tamen ne huic aliena peccata, ne aetatis ac temporum vitia noceant. atque ego idem qui haec postulo quin criminibus quae in hunc proprie conferuntur diligentissime respondeam non recuso. Sunt autem duo crimina, auri et veneni; in quibus una atque eadem persona versatur. Aurum sumptum a Clodia, venenum quaesitum quod Clodiae daretur, ut dicitur. Omnia sunt alia non crimina sed maledicta, iurgi petulantis magis quam publicae quaestionis. ' Adulter, impudicus, sequester' convicium est. non accusatio. Nullum est enim fundamentum horum criminum, nullae sedes; voces sunt contumeliosae temere ab irato accusatore nullo auctore emissae. Therefore I do not dare to respond to your severity in a way as is fitting. For it was my duty to beg and to seek indulgence for youth and to seek lenience. I do not, I say, dare; I do not resort to the excuses of youth; I dismiss the rights allowed for everyone; I only ask, if there is at this time general resentment which I see is great about the debts, about the impudence, about the desires of youth, that however neither sins of others, nor the vices of the ages and the times harm this man. And I, the same man who asks this, am not reluctant to respond most diligently to the charges which are brought against him as an individual. There are however two charges, of gold and of poison; in these the one and the same woman is engaged. Gold was taken from Clodia, poison was sought to be given to Clodia it is said. All other matters are not charges but slanders, of a petulant quarrel more than of a public investigation. “Adulterer, lewd man, briber”. It is not an accusation, it is abuse. For there is no basis of these charges, no grounds; the voices are contemptuous sent forth rashly by the angry prosecutor without basis. [31] video fontem, video certum nomen et caput. auro opus fuit; sumpsit a Clodia,sumpsit sine teste, habuit quamdiu voluit. maximum video signum cuiusdam egregiae familiaritatis. necare eandem voluit; quaesivit venenum, sollicitavitservos, potionem3 paravit, locum constituit, clam attulit. Magnum rursus odium video cum crudelissimo discidio exstitisse. res est omnis in hac causa nobis, iudices,cum Clodia, muliere non solum nobili verum etiam nota; de qua ego nihil dicam nisi depellendi criminis causa. I see the source, I see the certain name and the originator. Gold was needed; he took it from Clodia, he took it without a witness, he had it as long as he wanted. I see the greatest sign of some extraordinary intimacy. He wanted to kill the same woman; he sought poison, he bribed slaves, he prepared the potion, he decided the place, he secretly brought it in. I see that a great hate emerge after all with the cruellest separation. The whole matter in this case for us, o judges, is with Claudia, a woman not only noble but also notorious, about whom I will say nothing except for the sake of rebutting the charge.

Trochee – long short ditrochee – long short long short [32] sed intellegis pro tua praestanti prudentia, Cn. Domiti, cum hac sola rem esse nobis. quae si se aurum Caelio commodasse non dicit, si venenum ab hoc sibi paratum esse non arguit, petulanter facimus, si matrem familias secus quam matronarum sanctitas postulat nominamus. sin ista muliere remota nec crimen ullum nec opes ad oppugnandum M. Caelium illis relinquuntur, quid est aliud quod nos patroni facere debeamus, nisi ut eos qui insectantur repellamus? quod quidem facerem vehementius, nisi intercederent mihi inimicitiae cum istius mulieris viro — fratrem volui dicere; semper hic erro. nunc agam modice nec longius progrediar quam me mea fides et causa ipsa coget: nec enim muliebris umquam inimicitias mihi gerendas putavi, praesertim cum ea quam omnes semper amicam omnium potius quam cuiusquam inimicam putaverunt. But you understand by virtue of your outstanding foresight, O Gnaeus Domitius, that the matter for us is with this woman alone. If she says that she did not lend gold to Caelius, if she proves that the poison was prepared by this man for her, we are acting impudently, if we are naming the mother of the family contrary to what the sanctity of matrons demands. But if that woman was removed, neither any crime, nor the resources for the prosecutors for the purpose of attacking Marcus Caelius remains, what other thing is there which we, the defenders, ought to do, except to refute those who attack him? Indeed I would do this more violently, if hostility did not exist between me and in relation to the husband of that woman - oops, I wanted to say ‘brother’; I always make this mistake. Now I shall lead on in proper measure, nor shall I go on any longer than my faith and this case itself compels me; for nor did I think about ever needing to bear the resentments of a woman, especially with her whom all men always thought a “friend” of everyone rather than the enemy of anyone. [33] sed tamen ex ipsa quaeram prius utrum me secum severe et graviter et prisce agere malit, an remisse et leniter et urbane. si illo austero more ac modo, aliquis mihi ab inferis excitandus est ex barbatis illis, non hac barbula qua ista delectatur sed illa horrida quam in statuis antiquis atque imaginibus videmus, qui obiurget mulierem et qui4 pro me loquatur ne mihi ista forte suscenseat. exsistat igitur ex hac ipsa familia aliquis ac potissimum Caecus ille; minimum enim dolorem capiet qui istam non videbit. qui profecto, si exstiterit, sic aget ac sic loquetur: 'mulier,quid tibi cum Caelio, quid cum homine adulescentulo, quid cum alieno? cur aut tam familiaris fuisti ut aurum commodares6, aut tam inimica ut venenum timeres?non patrem tuum videras, non patruum, non avum, non proavum, non abavum,non atavum audieras consules fuisse; But however I shall first ask the woman herself whether she prefers me to deal with her severely, seriously and in an old fashioned way, or mildly, gently and in a refined way. If in this austere custom and way, I must summon someone from the underworld out of those bearded men, not one with a little beard by which she is charmed, but a shaggy one which we see on the statues and pictures of old, in order to scold this woman and to speak instead of me in case that woman by chance is angry with me. Therefore let someone from this woman’s family appear and most of all that man Caecus [Claudius the Blind]; for he who will not see her, will suffer the least pain. Truly if he appeared, he would act thus and speak thus: ‘woman, what is there for you with Caelius, what is there with a very young man, what is there with one who belongs to another? Why have you been so been so close that you lent gold, or so hostile that you are were afraid of poison? Have you not seen, you have not heard that your father and uncle have been consuls, nor your grandfather, great grandfather, great great grandfather, and great great great grandfather; [34] non denique modo te Q. Metelli matrimonium tenuisse sciebas, clarissimi acfortissimi viri patriaeque

amantissimi, qui simul ac pedem limine extulerat, omnisprope civis virtute, gloria, dignitate superabat? cum ex amplissimo genere infamiliam clarissimam nupsisses, cur tibi Caelius tam coniunctus fuit? cognatus,adfinis, viri tui familiaris? nihil eorum. quid igitur fuit nisi quaedam temeritas aclibido? nonne te, si nostrae imagines viriles non commovebant, ne progenies quidem mea, Q. illa Claudia, aemulam domesticae laudis in gloria muliebri esse admonebat, non virgo illa Vestalis Claudia quae patrem complexa triumphantem ab inimico tribuno plebei de curru detrahi passa non est? cur te fraterna vitia potius quam bona paterna et avita et usque a nobis cum in viris tum etiam in feminis repetita moverunt? ideone ego pacem Pyrrhi diremi ut tu amorum turpissimorum cotidie foedera ferires, ideo aquam adduxi ut ea tu inceste uterere,ideo viam munivi ut eam tu alienis viris comitata celebrares?' Now at last, did you not know that Quintus Metellus holds you in marriage, a most distinguished and most brave man, and very loving of his country, who as soon as he carried his foot from the threshold, excelled over nearly every citizen in courage, renown and dignity? Since you have been married into a most distinguished family from a most illustrious race, why was Caelius so close to you? Was he a relative, a connection, a friend of your husband? None of these things. Therefore what was there except thoughtlessness and lust? If the statues of us men do not move you, did not even my descendant, the wellknown Q. Claudia, advise you to emulate her domestic praise in womanly glory, did not Claudia that Vestal virgin who embraced her triumphant father and did not allow him to be dragged down from the chariot by a hostile tribune of the people? Why did the vices of your brother move you rather than the good deeds of your father, and grandfather and repeated right from this time by us both in men and in women? Was it for that reason that I destroyed the treaty with Pyrrhus, in order that every day you might strike a pact of loves most foul, was it on that account I brought water to Rome for you to enjoy it after your incest, was it for this reason I built a road for you to frequent it with husbands of other women? [35] sed quid ego, iudices, ita gravem personam induxi ut verear ne se idem Appius repente convertat et Caelium incipiat accusare illa sua gravitate censoria? sed videro hoc posterius atque ita, iudices, ut vel severissimis disceptatoribus M.Caeli vitam me probaturum esse confidam. tu vero, mulier — iam enim ipse tecum nulla persona introducta loquor — si ea quae facis, quae dicis, quae insimulas,quae moliris, quae arguis, probare cogitas, rationem tantae familiaritatis, tantae consuetudinis, tantae coniunctionis reddas atque exponas necesse est. accusatores quidem libidines, amores, adulteria, Baias, actas, convivia, comissationes, cantus,symphonias, navigia iactant, idemque significant nihil se te invita dicere. quae tu quoniam mente nescio qua effrenata atque praecipiti in forum deferri iudiciumque voluisti, aut diluas oportet ac falsa esse doceas aut nihil neque crimini tuo neque testimonio credendum esse fateare. But why, o judges, have I introduced so a serious person that I am afraid that the same Appius Claudius suddenly will suddenly turn back and begin to accuse Caelius with that censor’s seriousness of his? But I see this later and in such a way that, o judges, I believe that I will commend the life of Marcus Caelius even to the most severe arbitrators. You indeed, woman - for now I myself speak with you with no person brought forth - if you think to make us approve of what you do, what you say, what you accuse, how you act, what you show, it is necessary that you report and show your reasoning of such great intimacy, such a great familiarity, such a great association. The accusers even speak about lusts, loves, adultery, Baiae, beaches, revelries, singing, concerts, ships, and the same men intimate that they are saying nothing against your will. And since you have wanted these things to be brought forward into the forum into the trial in some unbridled and rash state of mind, either you ought to eplain them and prove they are false, or you must admit that neither the charges nor your testimony must be believed in any way at all. 36. sin autem urbanius me agere mavis, sic agam tecum. removebo illum senem durum ac paene agrestem; ex his igitur sumam aliquem ac potissimum minimum fratrem qui est in isto genere urbanissimus; qui te

amat plurimum, qui propter nescio quam, credo, timiditatem et nocturnos quosdam inanis metus tecum semper pusio cum maiore sorore cubitabat. Eum putato tecum loqui: 'quid tumultuaris, soror? quid insanis? quid clamorem exorsa verbis parvam rem magnam facis? vicinum adulescentulum aspexisti; candor huius te et proceritas voltus oculique pepulerunt; saepius videre voluisti; fuisti non numquam in isdem hortis; vis nobilis mulier illum filium familias patre parco ac tenaci habere tuis copiis devinctum. non potes7; calcitrat, respuit, repellit, non putat tua dona esse tanti.confer te alio. habes hortos ad Tiberim ac diligenter eo loco paratos quo omnis iuventus natandi causa venit; hinc licet condiciones cotidie legas; cur huic qui tes pernit molesta es?' If however you prefer me to be more urbane I shall act in this way with you. I shall set aside that harsh and may I say rustic old man; therefore I shall choose someone from these men, especially your youngest brother, who is in that family most urbane; he loves you very much, and, who on account some timidity which I don’t understand, I suppose, and some empty nighttime fears as a little boy always used to sleep with you, his older sister. Consider that he speaks with you: “Why are you making a disturbance, sister? Why are you senseless?” Why with it having begun as small shout with your words do you make it a big matter? You saw that a young man was your neighbour; his brilliance and his height, face and eyes struck you; you wanted to see him more often; you sometimes were in the same gardens; you, a noble woman want to tie him down with your wealth, a son with a thrifty and tenacious patriarch. But you cannot. He kicks, he spits, he drives you back, he does not think that yours gift are worth so much. Take yourself off somewhere else. You have gardens on the banks of the Tiber and carefully made them at that place where all the youth come for the sake of bathing; from here you may choose matches every day; why are you troublesome for this man who spurns you? [37] redeo nunc ad te, Caeli, vicissim ac mihi auctoritatem patriam severitatemque suscipio. sed dubito quem patrem potissimum sumam, Caecilianumne aliquem vehementem atque durum: nunc enim demum mi animus ardet, nunc meum cor cumulatur ira aut illum: O infelix, o sceleste! ferrei sunt isti patres: egone quid dicam, quid velim? quae tu omnia tuis foedis factis facis ut nequiquam velim, vix ferendi. diceret talis pater: 'cur te in istam vicinitatem meretriciam contulisti? cur inlecebris cognitis non refugisti?' “cur alienam ullam mulierem nosti? Dide ac dissice; per me tibi licet. si egebis, tibi dolebit, non mihi. mihi sat est qui aetatis quod relicuom est oblectem meae.” Now I come back to you Caelius, in your turn, and I take up for myself fatherly authority and and severity. But I hesitate as to which father I should take up above all, a Caecilian one, someone vehement and harsh: “for now at last my mind burns for me , now my heart is heaped with anger” or this one: “O unfortunate one, o wretched one!” These fathers are made of steel: “What am I to say, what am I to wish? Whatever you do, by your foul deeds, you bring it about that I wish in vain” scarcely to be endured. Such a father might say “why did you take yourself to the neighbourhood of that harlot? When you recognised her enticements why did you not flee?” “Why did you become acquainted with any strange woman? Scatter and squander money. You are allowed by me. If you are lacking, it will be painful for you, not for me. For me it is enough whereby what is left of my lifespan might pass agreeably.

[38] huic tristi ac derecto seni responderet Caelius se nulla cupiditate inductum de via decessisse. quid signi? nulli sumptus, nulla iactura, nulla versura. at fuit fama. quotus quisque istam effugere potest, praesertim in tam maledica civitate? vicinum eius mulieris miraris male audisse cuius frater germanus sermones iniquorum effugere non potuit? leni vero et clementi patre cuius modi ille est: “fores ecfregit, restituentur; discidit vestem, resarcietur, “Caeli causa est expeditissima. quid enim esset in quo se non facile defenderet?nihil iam in istam mulierem dico; sed, si esset aliqua dissimilis istius quae se omnibus pervolgaret, quae haberet palam decretum semper aliquem, cuius in hortos, domum, Baias iure suo libidines omnium commearent, quae etiam aleret adulescentis et parsimoniam patrum suis sumptibus sustineret; si vidua libere, proterva petulanter, dives effuse, libidinosa meretricio more viveret, adulterum ego putarem si quis hanc paulo liberius salutasset? To this gloomy and upright old man Caelius might respond that he had not gone away from the path induced by any desire. What bit of proof is there? There are no expenses, no loss, no loans to pay debts. But there has been a rumour. How many people are there who can escape that, especially in a state so slanderous? Are you amazed that neighbour of that woman was spoken of in a bad way, whose own brother could not escape the gossip of unjust men? With a father gentle and kind-hearted of this type, there is this one: “He broke open the doors, they will be rebuilt; he tore up clothes; they will be mended”. The charge of Caelius is very easy. For what matter is there in this that he might not defend himself easily? I say nothing now against that woman; but if there were some other woman unlike her who made herself available to everyone; who always openly had some man sworn to her, into whose gardens, home, to Baiae, the lusts of everyone would frequent as if by their right; who even supported young men and made bearable the frugality of their fathers at her own expenses; if she was a widow living with freedom, a promiscuous one living frivolously, a rich one living extravagantly, a lustful one living in the way of a prostitute, if anyone were to greet her a little too freely would I think him an adulterer? 39. dicet aliquis: 'haec igitur est tua disciplina? sic tu instituis adulescentis? ob hanc causam tibi hunc puerum parens commendavit et tradidit, ut in amore atque involuptatibus adulescentiam suam conlocaret, et ut hanc tu vitam atque haec studia defenderes?' ego, si quis, iudices, hoc robore animi atque hac indole virtutis ac continentiae fuit ut respueret omnis voluptates omnemque vitae suae cursum in labore corporis atque in animi contentione conficeret, quem non quies, non remissio, non aequalium studia, non ludi, non convivium delectaret, nihil in vita expetendum putaret nisi quod esset cum laude et cum dignitate coniunctum,hunc mea sententia divinis quibusdam bonis instructum atque ornatum puto. ex hoc genere illos fuisse arbitror Camillos, Fabricios, Curios, omnisque eos qui haec ex minimis tanta fecerunt. Someone will say: ‘Is this therefore your discipline? Is it thus you train a young man? is it on account of this charge this father entrusted his son you and handed him over, so that he might set his youth in love and in lusts, and so that you might defend this lifestyle and these desires? If there has been anyone, o judges, with a strength of spirit and with a natural quality of courage and temperance, that he might cast off all desires and to dedicate the the course of his life to physical labour and to exertion of the mind, whom no rest, no repose, no pursuits of those of equal age, no games, no banquets would delight, who would think that nothing in life is should be aimed for for except that which would be joined with praise and with dignity, this man I think in my opinion is equipped and adorned with these blessings which are divine. I judge from this same kind those Camilli, Fabricii, Curiis, and all the men who did such great deeds as these from the smallest beginnings. [40] verum haec genera virtutum non solum in moribus nostris sed vix iam in libris reperiuntur. chartae quoque quae illam pristinam severitatem continebant obsoleverunt; neque solum apud nos qui hanc sectam rationemque vitae re magis quam verbis secuti sumus sed etiam apud Graecos, doctissimos homines,

quibus,cum facere non possent, loqui tamen et scribere honeste et magnifice licebat, alia quaedam mutatis Graeciae temporibus praecepta exstiterunt. Indeed this kind of virtue is not only scarcely found in our laws but also scarcely in books. The papers also which used to contain that former severity have worn out; and not only among us who follow this way and reckoning of life with deeds more than words but also among Greeks, most learned men, who, although they could not act, were allowed however to speak and to write honestly and magnificently, some other precepts in Greece rose when the times changed. [41] itaque alii voluptatis causa omnia sapientes facere dixerunt, neque ab hac orationis turpitudine eruditi homines refugerunt; alii cum voluptate dignitatem coniungendam putaverunt, ut res maxime inter se repugnantis dicendi facultate coniungerent; illud unum derectum iter ad laudem cum labore qui probaverunt,prope soli iam in scholis sunt relicti. multa enim nobis blandimenta natura ipsa genuit quibus sopita virtus coniveret interdum3; multas vias adulescentiae lubricas ostendit quibus illa insistere aut ingredi sine casu aliquo ac prolapsione vix posset; multarum rerum iucundissimarum varietatem dedit qua non modo haec aetas sed etiam iam conroborata caperetur. Therefore some have said that wise men do everything for the sake of pleasure, nor have erudite men shunned this foulness of speech; others have thought dignity must be joined with pleasure, so that by their proficiency in speaking they join matters most greatly inherently opposite; those who esteem that most straight path to praise through work, now are left almost alone in their schools. For nature itself produced for us many enticements by which virtue is lulled and sometimes falls asleep; nature has shown to youth the many slippery paths on which it is scarcely possible to stand or go forward without some fall or slip; nature gives variety of many very pleasant things by which not only is this age group captivated but also even the mature. [42] quam ob rem si quem forte inveneritis qui aspernetur oculis pulchritudinem rerum, non odore ullo, non tactu, non sapore capiatur, excludat auribus omnem suavitatem, huic homini ego fortasse et pauci deos propitios, plerique autem iratos putabunt. Ergo haec deserta via et inculta atque interclusa iam frondibus et virgultis relinquatur. Detur aliqui ludus aetati; sit adulescentia liberior; non omnia voluptatibus denegentur; non semper superet vera illa et derecta ratio; vincat aliquando cupiditas voluptasque rationem, dum modo illa in hoc genere praescriptio moderatioque teneatur. Parcat iuventus pudicitiae suae, ne spoliet alienam, ne effundat patrimonium, ne faenore trucidetur, ne incurrat in alterius domum atque familiam, ne probrum castis, labem integris, infamiam bonis inferat, ne quem vi terreat, ne intersit insidiis, scelere careat. Postremo cum paruerit voluptatibus, dederit aliquid temporis ad ludum aetatis atque ad inanis hasce adulescentiae cupiditates, revocet se aliquando ad curam rei domesticae, rei forensis reique publicae, ut ea quae ratione antea non perspexerat satietate abiecisse et experiendo contempsisse videatur. On account of this matter, if by chance you find he who rejects the beauty of things with his eyes, is not captivated by any scent, not touch, nor taste, shuts out all pleasantness from his ears, I and a few other men perchance will think that the gods have been gracious to this man, but very many men would think them to be angry. Therefore may this deserted and neglected shut to the leaves and thickets path now be left. May some play be given to youth; let the youth be freer; let some things be denied to pleasures; let proper and correct reason not always prevail; let desire and pleasure sometimes conquer reason, so long as in this respect that rule and moderation are upheld. Let youth spare their modesty, let them not despoil that of others, let them not squander their patrimony, let them not be ruined by their interest on their loan, let them not attack the home and family of another, let them not bring disgrace on the chaste, a stain on the

upright, shame on the good, let them not terrify someone with force, let them not be involved in plots, let them be without wickedness. At last when they will have submitted to pleasures, when they have at given some time to the desires of youth to the game of that age and the vanities of this youth, let them recall itself to the attention of domestic business, of business of the forum, of public business so that they might seem to abandon that which before with satiety they had not perceived in their reasoning and have spurned through experience. [43] ac multi quidem et nostra et patrum maiorumque memoria, iudices, summi homines et clarissimi cives fuerunt quorum, cum adulescentiae cupiditates defervissent, eximiae virtutes firmata iam aetate exstiterunt. ex quibus neminem mihi libet nominare; vosmet vobiscum recordamini. nolo enim cuiusquam fortis atque inlustris viri ne minimum quidem erratum cum maxima laude coniungere. quod si facere vellem, multi a me summi atque ornatissimi viri praedicarentur quorum partim nimia libertas in adulescentia, partim profusa luxuries, magnitudo aeris alieni, sumptus, libidines nominarentur, quae multis postea virtutibus obtecta adulescentiae qui vellet excusatione defenderet. And even in our memory and of our fathers and ancestors, there have been many very great men and most distinguished citizen whose, special virtues appeared now with maturity when the desires of youth cooled down. I choose to name noone from these men; remember them yourselves. For I do not want to link even the smallest error of any brave and distinguished men with the greatest praise. But if I wished to do this, many very great and very decorated men would be broadcast by me in connection with some of whom could be mentioned excessive freedom in their youth, in connection with others extravagant luxuries, their great debts, expenses and lusts, which afterwards were protected by their many virtues so that one might wish to defend them with the excuse of youth. Partim partim - archaic accusative, replaces pars, some others, BUT here used as adveb of rerefence [44] at vero in M. Caelio dicam enim iam1confidentius de studiis eius honestis,quoniam2 audeo quaedam fretus vestra sapientia liber e confiteri — nulla luxuriesreperietur, nulli sumptus, nullum aes alienum, nulla conviviorum ac lustrorum3libido. quod qui dem vitium ventris et gurgitis4 non modo non minuit aetashominibus sed etiam auget. amores autem et deli ciae5 quae vocantur, quaefirmiore6 animo praeditis diutius molestae non solent esse — mature enim etceleriter deflorescunt — numquam hunc occupatum impeditumve7 tenuerunt. But indeed in Marcus caelius - for I shall now speak more confidently about his honest pursuits, since I dare to confess freely certain points, relying on your wisdom – no luxury will be found, no expenses, no debt, no lust of banquets and debauchery. Indeed which vice of the belly and the throat not only does age not diminish for men but actually increases it. Loves however and things which are called delights, which usually are not troublesome for a longer time when gifted with a stonger spirit – for they wither early and quickly – never have held this man seized and ensnared. [45] Audistis cum pro se diceret, audistis antea cum accusaret — defendendi haeccausa, non gloriandi loquor1 — genus orationis, facultatem, copiam sententiarumatque verborum, quae vestra prudentia2 est, perspexistis. atque in eo non solumingenium elucere eius videbatis, quod saepe, etiam si industria non alitur, valettamen ipsum suis viribus, sed inerat, nisi me propter benivolentiam forte fallebat,ratio et bonis artibus instituta et c ura et vigiliis elaborata. atqui3 scitote, iudices,eas cupiditates quae obiciuntur Caelio atque haec studia de qu ibus disputo4 nonfacile in eodem homine esse posse. fieri enim non potest ut animus libidini deditus,amore,

desiderio, cupiditate, saepe nimia copia, inopia etiam non numquamimpeditus hoc quicquid est quod nos fac imus in dicendo, quoquo modo facimus,non5 modo agendo verum etiam cogitando possit sustinere. You have heard when he spoke in his own defense, you have heard him before when he was prosecuting – I say these things for the sake of defending, not boasting – you have examined a nature of his speech, his skill, the abundance of fine expressions and of vocabulary, which is characteristic of your wisdom, and in this case you not only saw that his natural talent was shining forth, but often, although it is not maintained by industry, but, unless I am wrong by chance on account of kindness, in him reasoning was present set up with both good skills and care and elaborated with attentiveness. Nevertheless, judges, know that these desires which are charged against Caelius and these pursuits about which I am arguing cannot easily exist in the same man. For it is impossible that a soul given up to lust, hindered by love, by longing, by desire, often by excessive abundance, sometimes even by poverty, can sustain this, which we do in speaking whatever it is, however we do it, not only by pleading but also by thinking. Gerunds – nom, acc, dat do not take acc. Amare, amare, amandi, amando, amando [46] an vos aliam causam esse ullam putatis cur in tantis praemiis eloquentiae,tanta voluptate dicendi, tanta laude, tanta gratia, tanto honore, tam sint paucisemperque fuerint qii in hoc labore versentur? obterendae s unt omnesvoluptates, relinquenda studia delectationis, ludus, iocus, convivium, sermo paeneest1 familiariu m deserendus. qua re in hoc genere labor offendit homines astudioque deterret, non quo aut ingenia deficia nt aut doctrina puerilis. Non quo + subjunctive = not the case nor the reason – unreal reasons But do you think that there is any other reason why, when the rewards of eloquence are so great, when the pleasure of speaking is so great, when the praise is so great, when the thanks are so great, when the honour is so great, there are so few men and always have been who are engaged in this labour? All desires must be crushed to pieces, desires of delight must be abandoned, games, joking, feasting, nearly conversation with friends must be given up. In this respect the hard work puts men off in this matter and deters them from study, not because either their intelligence or boyhood training has shortcomings. Versari + in + ablative [47] an hic, si sese isti vitae dedidisset, consularem hominem admodumadulescens in iudicium vocavisset? hi c, si laborem fugeret, si obstrictusvoluptatibus teneretur, hac in3 acie cotidie versaretur, appeteret inimicitia s, iniudicium vocaret, subiret periculum capitis, ipse4 inspectante populo Romano totiam5 mensis aut de sal ute aut de gloria dimicaret? Nihilne igitur illa vicinitas redolet, nihilne hominum fama, nihil Baiae denique ipsae loquuntur? Illae vero non loquuntur solum verum etiam personant, huc unius mulieris libidinem esse prolapsam ut ea non modo solitudinem ac tenebras atque haec flagitiorum integumenta non quaerat sed in turpissimis rebus frequentissima celebritate et clarissima luce laetetur. If he has devoted himself to that life, would this man while very young have called a man of consular rank to trial? If he were to shun his labours, if he were held, confined, by pleasures, would he every day move around in this line, would he seek enemnities, would he prosecute, would he undergo danger of his life, with the Roman people observing would he himself fight for so many months for either his safety or his glory? Therefore does that neighbourhood smellof nothing, does the rumours of men, and at last Baiae itself tell nothing? Indeed these matters not only tell but also shout that the lust of one woman has decayed so far that not only does this woman not seek solitude and shadows as coverings of her disgraces but rejoices in most foul things, in most crowded throngs and the clearest light.

[48] verum si quis est qui etiam meretriciis amoribus interdictum iuventuti putet, estille quidem valde severus — negare non possum — sed abhorret non modo abhuius1 saeculi licentia verum etiam a maiorum consuetudine atque concessis.qua ndo enim hoc non factitatum3 est, quando reprehensum, quando nonpermissum, quando denique fuit ut qu od licet non liceret? hic ego ipsam remdefiniam4, mulierem nullam nominabo; tantum in medio relinquam. Truly if there is anyone who thinks that it is forbidden for youth to have affairs even with prostitutes , he is indeed exceedingly severe – I cannot deny it – but he is at variance with not only the freedoms of this age but also the tradition and concessions of our ancestors. For when was this not practised, when it was reprehended, when it was not permitted, when finally was that which is allowed now not allowed? Here I shall explain this very matter, I shall name no woman; I shall leave it only undecided. [49] si quae non nupta mulier domum suam patefecerit omnium cupiditatipalamque sese in meretricia vita c onlocarit1, virorum alienissimorum conviviis utiinstituerit, si hoc in urbe, si in hortis, si in Baiarum illa celebrit ate faciat, sidenique ita sese gerat non incessu solum sed ornatu atque comitatu, nonflagrantia oculorum, n on libertate sermonum, sed etiam complexu, osculatione,actis, navigatione, conviviis, ut non solum meretrix sed etiam proterva meretrixprocaxque videatur: cum hac si qui adulescens forte fuerit, utrum hic tibi, L.Here nni, adulter an amator, expugnare pudicitiam an explere libidinem voluissevideatur? If an unmarried woman threw open her home for all lusts and openly placed herself in the life of a prostitute, made a custom of enjoying the dinner parties with complete strangers to her, if she did this in the city, if in the gardens, if in the crowded setting of Baiae, if at last she were to behave in this way not only in her demeanour but also her adornments and her company, not with the passion of her eyes, not the freedom of her speech, but also her embrace, kiss, at beach parties, boat parties , at banquets, that she not only seemed a courtesan but even a shameless and wanton courtesan ; if a young man had been by chance with this woman, Lucius Herennius, would he seem to you to be an adulterer or a lover, to have wanted to attack virtue or satisfy his lust? [50] obliviscor iam iniurias tuas1, Clodia, depono memoriam doloris mei; quae abste crudeliter in meos me a bsente facta sunt neglego; ne sint haec in te dicta quaedixi. sed ex te ipsa requiro, quoniam et crimen accusa tores abs te et testem eiuscriminis te ipsam dicunt se habere. si quae mulier sit eius modi qualem ego pauloa nte descripsi, tui dissimilis, vita institutoque meretricio, cum hac aliquidadulescentem hominem habuisse rat ionis num tibi perturpe aut perflagitiosumesse videatur? ea si tu non es, sicut ego malo, quid est quod obicia nt Caelio? sineam te volunt esse, quid est cur nos crimen hoc, si tu contemnis, pertimescamus?qua re nobis da viam rationemque defensionis. aut enim2 pudor tuus defendet nihila M. Caelio petulantius esse factum3, aut impudentia et huic et ceteris magnam adse4 defendendum facultatem dabit. I now forget your insults, Clodia, I put aside the memory of my grief; I disregard those things which were cruelly done by you against my family in my absence; may these words which I have said not be against you. But I require from you yourself since both the prosecutors say the charge is from you and that they have you yourself as the witness of the charge. If this woman of this kind were to exist, the sort which I described a little while ago, different from you, with the life and purpose of a courtesan, does it not seem very foul and very shameful to you that a young man had some relationship with this woman? If you are not like this woman, just as I prefer, what is there for them to bring out as a charge against Caelius? But if they want you to be like her, why should we be afraid of this charge, if you despise it? In this matter give us the way and method of the defense. For either your sense of shame will argue in defence that nothing too wanton was done by Marcus Caelius, or your impudence will give both to this man and the others a great means of defending themselves.

[51]sed quoniam emersisse iam e vadis et scopulos praetervecta videtur esse2 oratiomea, perfacilis mihi reli quus cursus ostenditur. duo sunt enim crimina una inmuliere summorum facinorum, auri quod sumptum a Cl odia dicitur, et veneniquod eiusdem Clodiae necandae causa parasse Caelium criminantur. aurumsumpsit, ut dicitis, quod L.3 Luccei servis daret, per quos Alexandrinus Dio quitum apud Lucceium habitabat necaretur. Magnum crimen vel in legatisinsidiandis4 vel in servis ad hospitem domini necandum sollicitandis, plenumsc eleris consilium, plenum audaciae! But since my speech seems that has already surfaced from the shallows and has been driven past the reefs, the rest of the very easy course is spread out for me. For there are two charges of the greatest crimes in relation to that woman, of gold, which is said, was taken from Clodia, and of poison which they charge Caelius prepared for the sake of killing same Clodia .He took gold, as you say, to give to the slaves of Lucius Lucceus, by whom Dio of Alexandria who then was living with Lucceus might be killed. It is a great charge either in plotting against legates or in urging slaves to murder their master’s guest, a plan full of wickedness, full of audacity! [52] quo quidem in crimine primum illud requiro1, dixeritne Clodiae quam ob2rem aurum sumeret, an non di xerit. si non3 dixit, cur dedit? si dixit, eodem seconscientiae scelere devinxit. tune aurum ex armario tuo pro mere ausa es, tunevenerem illam tuam spoliare ornamentis, spoliatricem ceterorum4, cum sciresquantum a d facinus aurum hoc quaereretur, ad necem legati, ad L. Luccei5,sanctissimi hominis atque integerrimi, labe m sceleris sempiternam6? huic facinoritanto tua mens liberalis conscia, tua domus popularis ministra, tua de niquehospitalis illa Venus adiutrix esse non debuit. Indeed in this charge I first ask that matter, whether he told Clodia why he was taking the gold, or did he not say? If he did not tell her, why did she give it? If he told her, she has tied herself up in the same crime of complicity. Did you dare to bring forth the gold from your safe, to strip that statue of Venus of yours of its ornaments, that despoiler of others, when you knew for how great a crime deed the gold was sought, for death of a legate, inflicting an imperishable stain of guilt on Lucius Lucceus, a most holy and upright man? Your liberal mind ought not to have been privy to this crime so great, your popular house ought not to been an assistant, finally that hospitable Venus of yours ought not to have been a helper. [53] vidit hoc Balbus; celatam esse Clodiam dixit, atque ita Caelium ad illamattulisse, se ad ornatum ludorum aurum quaerere. si tam familiaris erat1 Clodiaequam tu esse vis cum de libidine eius tam multa dicis, dixit pr ofecto quo velletaurum; si tam familiaris non erat, non dedit. ita si verum tibi Caelius dixit, oimmoderata mul ier, sciens tu aurum ad facinus dedisti; si non est ausus2 dicere,non dedisti. Quid ego nunc argumentis huic crimini, quae sunt innumerabilia, resistam ? Possum dicere mores M. Caeli longissime a tanti sceleris atrocitate esse disiunctos; minime esse credendum homini tam ingenioso tamque prudenti non venisse in mentem rem tanti sceleris ignotis alienisque servis non esse credendam. Possum etiam alia et ceterorum patronorum et mea consuetudine ab accusatore perquirere, ubi sit congressus cum servis Luccei Caelius, qui ei fuerit aditus; si per se, qua temeritate ! si per alium, per quem ? Possum omnis latebras suspicionum peragrare dicendo; non causa, non locus, non facultas, non conscius, non perficiendi, non occultandi malefici spes, non ratio ulla, non vestigium maximi facinoris reperietur. Balbus saw this; he said that Clodia was kept in the dark, and thus Caelius asserted to her that he sought the the gold for the preparing of games. If he was as familiar to Clodia whom you want him to be when you say so much about his lust, he certainly told her for what he wanted the gold; if he was not so familiar, she did not give it. Thus if indeed Caelius told you, o unrestrained woman, you knowingly gave him the gold for the deed; if he did not dare to tell you, you didn’t give it.

Why now shall I defend this charge with arguments which are countless? I can say that the habits of Marcus Caelius are very much separate from such a great wicked atrocity; it is impossible to believe that for a man so clever and so wise it did not come into his mind that the matter of such a great crime must not be be entrusted to unknown slaves belonging to another. I can also ask somethings from the prosetors, as is the convention of both other defenders and of me, where did Caelius meet with the slaves Lucceus, what access did he have; if it was by himself, what rashness! If by means of another, by whom? I can traverse by speaking every hiding place of suspicion; no cause, no place, no opportunity, no accessory, no hope of accomplishing nor of hiding the crime, not any reasoning, no trace of the greatest crime will be found.

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