44.
[123]
And as all this is the case, let us see what the censors are said to have decided respecting
that corrupt tribunal. And first of all let us lay down this principle; whether a thing is so
because the censors have stated it in their notes, or whether they made such a statement in
their notes because it was the fact. If it is the case because they have so stated it, take
care what you are doing; beware lest you are establishing for the future a king by power in
the person of every one of our censors,—beware lest the note 1
of a censor may hereafter be able to cause as much distress to the citizens as that terrible
proscription did,—beware lest we have reason to dread for the future that pen of the
censor, whose point our ancestors blunted by many remedies, as much as that sword of the
dictator.
[124]
But if the statement which has been made in
their notes ought to carry weight with it because it is true, then let us inquire whether it
be true or false; let the authority of the censor be put out of the question —let
that consideration be taken out of the cause which has no connection with it. Tell me what
money Cluentius gave, where he got it, how he gave it; show me, in short, one trace of any
money having proceeded from Cluentius. After that, prove that Oppianicus was a virtuous
citizen, or an honest man; that no one had ever had a bad opinion of him; that no unfavourable
decision had ever been come to respecting him. Then take in the authority of the censors; then
argue that their decision has any connection whatever with this case.
[125]
But as long as it is plain that Oppianicus was a man who was convicted of
having tampered with the public registers of his own municipality, of having made erasures in
a will, of having substituted another person in order to accomplish the forgery of a will, of
having murdered the man whose name he had put to the will, of having thrown into slavery and
into prison the uncle of his own son and then murdered him, of having contrived to get his own
fellow-citizens proscribed and murdered, of having married the wife of the man whom he had
murdered, of having given money for poisoning, of having murdered his mother-in-law and his
wife, of having murdered at one time his brother's wife, the children who were expected, and
his own brother himself,—lastly, of having murdered his own children; as he was a
man who was manifestly detected in procuring poison for his son-in-law,—who, when
his assistants and accomplices had been condemned, and when he himself was prosecuted, gave
money to one of the judges to influence by bribes the votes of the other
judges;—while, I say, all this is notorious about Oppianicus, and while the
accusation of bribery against Cluentius is not sustained by any one single proof, what reason
is there that that sentence of the censors, whether it is to be called their wish or their
opinion, should either seem to be any assistance to you, or to be able to overwhelm my
innocent client?
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text:
THE FRAGMENTS WHICH REMAIN OF THE SPEECH OF M. T. CICERO ON BEHALF OF MARCUS TULLIUS.
THE FRAGMENTS WHICH REMAIN OF THE SPEECH OF M. T. CICERO ON BEHALF OF MARCUS FONTEIUS.
THE ORATION OF M. T. CICERO IN BEHALF OF AULUS CAECINA.
THE SPEECH OF M. T. CICERO IN DEFENCE OF THE PROPOSED MANILIAN LAW.
THE SPEECH OF M. T. CICERO IN DEFENCE OF AULUS CLUENTIUS HABITUS.
THE FRAGMENTS OF THE SPEECH OF M. T. CICERO IN DEFENCE OF CAIUS CORNELIUS.
text Tog. Cand.text Agr.
THE SPEECH OF M. T. CICERO IN DEFENCE OF CAIUS RABIRIUS, ACCUSED OF TREASON.
text Catil.
THE ORATION OF M. T. CICERO IN DEFENCE OF L. MURENA, PROSECUTED FOR BRIBERY.
THE ORATION OF M. T. CICERO IN DEFENCE OF PUBLIUS SULLA.
THE SPEECH OF M. T. CICERO FOR AULUS LICINIUS ARCHIAS, THE POET
THE SPEECH OF M. T. CICERO IN DEFENCE OF LUCIUS FLACCUS.
THE SPEECH OF M. T. CICERO AFTER HIS RETURN. ADDRESSED TO THE SENATE.
THE SPEECH OF M. T. CICERO AFTER HIS RETURN. ADDRESSED TO THE PEOPLE.
THE SPEECH OF M. T. CICERO AGAINST PUBLIUS CLODIUS AND CAIUS CURIO.
THE SPEECH OF M. T. CICERO IN DEFENCE OF MARCUS AEMILIUS SCAURUS.
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chapter 1chapter 2chapter 3chapter 4chapter 5chapter 6chapter 7chapter 8chapter 9chapter 10chapter 11chapter 12chapter 13chapter 14chapter 15chapter 16chapter 17chapter 18chapter 19chapter 20chapter 21chapter 22chapter 23chapter 24chapter 25chapter 26chapter 27chapter 28chapter 29chapter 30chapter 31chapter 32chapter 33chapter 34chapter 35chapter 36chapter 37chapter 38chapter 39chapter 40chapter 41chapter 42chapter 43chapter 44chapter 45chapter 46chapter 47chapter 48chapter 49chapter 50chapter 51chapter 52chapter 53chapter 54chapter 55chapter 56chapter 57chapter 58chapter 59chapter 60chapter 61chapter 62chapter 63chapter 64chapter 65chapter 66chapter 67chapter 68chapter 69chapter 70chapter 81
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1 In the twenty-ninth book of Livy, c. 37, an extraordinary instance is related of disagreement between the censors; for one of them, Caius Claudius Nero, degraded his colleague, Marcus Livius, and Livius in his turn degraded Caius Claudius.
M. Tullius Cicero. The Orations of Marcus Tullius Cicero, literally translated by C. D. Yonge, B. A. London. Henry G. Bohn, York Street, Covent Garden. 1856.
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- Livy, The History of Rome, Book 29, 37.1
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