M. Tullius Cicero, Orations: for his house, Plancius, Sextius, Coelius, Milo, Ligarius, etc. (ed. C. D. Yonge)

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THE SPEECH OF M. T. CICERO IN DEFENCE OF MARCUS CAELIUS.

THE ARGUMENT.

Marcus Caelius was a young man of the equestrian order, and had been a sort of pupil of Cicero himself; and was a man of very considerable abilities. When a very young man, he had distinguished himself by prosecuting Caius Antonius, who had been Cicero's colleague in his consulship; and after that, by prosecuting Lucius Atratinus for bribery and corruption. Out of revenge for this last prosecution, he was now impeached by the son of that Lucius Atratinus for public violence, in having been concerned in the murder of Dio, the chief of the Alexandrian embassy, and in an attempt to poison Clodia, the sister of Clodius. The real truth is said to have been that this prosecution was mainly instigated by Clodia, who considered herself slighted by Caelius, who had been a lover of hers. Caelius was a tenant of Clodius for a house on the Palatine Hill. He was acquitted, and was at all times very grateful to Cicero for his exertions. Some years afterwards he was praetor, in which capacity he recalled Milo from his banishment at Marseilles, and with Milo was murdered by the soldiery, with whom he was tampering in the hopes of being able to effect some diversion in favour of Pompey, a short time before the battle of Pharsalia.

I. If any one, O judges, were now present by any chance, ignorant of our laws, and of our judicial proceedings, and of our customs, he would in truth wonder what great atrocity there is in this particular cause of so serious a nature, as to cause this trial alone to be proceeded with during these days of festival and public games, when all other forensic business is interrupted; and he would not doubt that a criminal was being prosecuted for a crime of such enormity, that, if it were neglected, though but for a moment, the state could no longer stand upright. If the same man were to hear that there is [p. 247] a law which orders daily investigations to take place about seditious and wicked citizens, who may have taken arms and besieged the senate or offered violence to the magistrates, or attacked the constitution, he would find no fault with the law, but he would inquire what is the crime which is now before the court; and when he heard that there was no crime at all, no audacity, no deed of violence which was the subject of this present action, but that a young man of eminent abilities, and industry, and popularity is impeached by the son of that man whom he himself prosecutes and has prosecuted and that he is attacked owing to the influence of a prostitute, he would not find fault with the filial affection of Atratinus, but he would think it right to curb the lust of the woman, and he would think you the judges a really laborious race, when you are not allowed to be at rest at a time of universal rest to every one else.

[2]  In truth, if you are willing to attend diligently, and to form a correct opinion of the whole of this cause, O judges, you will make up your minds that no one would ever have come down to the court, to prefer this accusation who had the power of doing so or not, just as he pleased; and that, when he had come down, he would not have had the slightest hope of succeeding if he had not relied on the intolerable licentiousness and exaggerated hatred of some one else. But, for my part, I can make allowance for Atratinus, a most humane and virtuous young man, and a great friend of my own; who has the excuse of filial affection, and necessity, and of youth. If he wished to accuse my client I attribute it to his filial affection; if he was ordered to do so, I lay the blame on the necessity; if he had any hope of succeeding, I impute that to the inexperience of his boyhood. But as for the other partners in this impeachment, those I have not only no allowance to make for, but I must resist them most vigorously.

Cross references from Anne Mahoney, Overview of Latin Syntax:
period [Periodic sentences]: Si quis, iudices, forte nunc adsit ignarus legum iudiciorum consuetudinisque 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

This text is based on the following book(s):
M. Tullius Cicero. The Orations of Marcus Tullius Cicero, literally translated by C. D. Yonge, B. A. London. George Bell & Sons, York Street, Covent Garden. 1891.
OCLC: 4709897