Aulus Cluentius, a Roman knight of great riches, was accused before the praetor of having poisoned his father-in-law, Oppianicus, who a few years previously had been tried and banished for an attempt to poison Cluentius. For Oppianicus had murdered Melinus, the former husband of Sassia, the mother of Cluentius, and married her, and finding that if Cluentius were dead his property would all come to his mother, endeavoured to poison him, but was detected and convicted. After his conviction, Lucius Quinctius, a tribune of the people, who had defended him on his trial, endeavoured at all times to excite odium against Cluentius, saying that he had procured the conviction of Oppianicus by bribery, though in point of fact Oppianicus himself had employed large sums in endeavours to bribe his judges, and Stalenus and others had been convicted of being parties to the corruption. In the fifth year of his exile Oppianicus died, and a prosecution was instituted against Cluentius by Sassia, his own mother; saying that he had poisoned Oppianicus by the agency of a man of the name of Marcus Asellius. Cluentius was acquitted. This happened three years before this present trial. But now Sassia, having married her daughter to the young Oppianicus, urged him to institute fresh proceedings against Cluentius. So he prosecuted him afresh. His counsel was Lucius Attius, and the cause was tried before Quintus Vocontius Naso in the consulship of Marcus Aemilius Lepidus and Lucius Volcatius Tullus, A.U.C. 688. Cluentius was acquitted. I have observed, O judges, that the whole speech of the accuser is divided into two parts, one of which appeared to me to rely upon, and to put its main trust in, the inveterate unpopularity of the trial before Junius; the other, just for the sake of usage, to touch very lightly and diffidently On the method pursued in cases of accusations of poisoning; concerning which matter this form of trial is appointed by law. And, therefore, I have determined to preserve the same division of the subject in my defence, speaking separately to the question of unpopularity and to that of the accusation, in order that every one may understand that I neither wish to evade any point by being silent with respect to it, nor to make anything obscure by speaking of it. But when I consider how much pains I must take with each branch of the question, one division—that, namely, which is the proper subject of your inquiry, the question of the fact of the poisoning—appears to me a very short one, and one which is not likely to give occasion to any great dispute. But with the other division, which, properly, is almost entirely unconnected with the case, and which is better adapted to assemblies in a state of seditious excitement, than to tranquil and orderly courts of justice, I shall, I can easily see, have a great deal of difficulty in dealing, and a great deal of trouble.
adverti, iudices, omnem accusatoris orationem in duas divisam esse partis, quarum altera mihi niti et magno opere confidere videbatur invidia iam inveterata iudici Iuniani, altera tantum modo consuetudinis causa timide et diffidenter attingere rationem venefici criminum, qua de re lege est haec quaestio constituta. mihi certum est hanc eandem distributionem invidiae et criminum sic in defensione servare ut omnes intellegant nihil me nec subterfugere voluisse reticendo nec obscurare dicendo. cum considero quo modo mihi in utraque re sit elaborandum, altera pars et ea quae propria est iudici vestri et legitimae venefici quaestionis per mihi brevis et non magnae in dicendo contentionis fore videtur, altera autem quae procul ab iudicio remota est, quae contionibus seditiose concitatis accommodatior est quam tranquillis moderatisque iudiciis, perspicio quantum in agendo difficultatis et quantum laboris sit habitura.
3. But in all this embarrassment, O judges, this thing still consoles me,—that you have been accustomed to hear accusations under the idea that you will afterwards hear their refutation from the advocate; that you are bound not to give the defendant more advantages towards ensuring his acquittal, than his counsel can procure for him by clearing him of the charges brought against him, and by proving his innocence in his speech. But as regards the odium into which they seek to bring him, you ought to deliberate together, considering not what is said by us, but what ought to be said. For while we are dealing with the accusations, it is only the safety of Aulus Cluentius that is at stake; but by the odium sought to be excited against him, the common safety of all men is imperilled. Accordingly, we will treat one division of the case as men who are giving you information, and the other division, as men who are addressing entreaties to you. In the first division we must beg of you to give us your diligent attention; in the second, we must implore the protection of your good faith. There is no one who can withstand the popular feeling when excited against him without the assistance of you and of men like you.
3. in hac difficultate illa me res tamen, iudices, consolatur quod vos de criminibus sic audire consuestis ut eorum omnium dissolutionem ab oratore quaeratis, ut non existimetis plus vos ad salutem reo largiri oportere quam quantum defensor purgandis criminibus consequi et dicendo probare potuerit. invidia autem sic inter nos disceptare debetis ut non quid dicatur a nobis sed quid oporteat dici consideretis. enim in criminibus A.Auli Cluenti proprium periculum, in invidia causa communis. ob rem alteram partem causae sic agemus ut vos doceamus, alteram sic ut oremus; in altera diligentia vestra nobis adiungenda est, in altera fides imploranda. est enim qui invidiae sine vestro ac sine talium virorum subsidio possit resistere.
4. As far as I myself am concerned. I hardly know which way to turn. Shall I deny that there is any ground for the disgraceful accusation, —that the judges were corrupted at the previous trial? Shall I deny that that matter has been agitated at assemblies of the people? that it has been brought before the courts of justice? that it has been mentioned in the senate? Can I eradicate that belief from men's minds? a belief so deeply implanted in them—so long established. It is out of the power of my abilities to do so. It is a matter requiring your aid, O judges; it becomes you to come to the assistance of the innocence of this man attacked by such a ruinous calumny, as you would in the case of a destructive fire or of a general conflagration.
4. quod ad me attinet, quo me vertam nescio. fuisse illam infamiam iudici corrupti? negem esse illam rem agitatam in contionibus, iactatam in iudiciis, commemoratam in senatu? evellam ex animis hominum tantam opinionem, tam penitus insitam, tam vetustam? est nostri ingeni, vestri auxili est, iudices, huius innocentiae sic in hac calamitosa fama quasi in aliqua perniciosissima flamma atque in communi incendio subvenire.
5. Indeed, as in some places truth appears to have but little foundation to rest upon, and but little vigour, so in this place unpopularity arising on false grounds ought to be powerless. Let it have sway in assemblies, but let it be overthrown in courts of justice; let it influence the opinions and conversation of ignorant men, but let it be rejected by the dispositions of the wise; let it make sudden and violent attacks, but when time for examination is given, and when the facts are ascertained, let it die away. Lastly, let that definition of impartial tribunals which has been handed down to us from our ancestors be still retained; that in them crimes are punished without any regard being had to the popularity or unpopularity of the accused party; and unpopularity is got rid of without any crime being supposed to have been ever attached to it.
5. sicut aliis in locis parum firmamenti et parum virium veritas habet, sic in hoc loco falsa invidia imbecilla esse debet. in contionibus, iaceat in iudiciis; valeat in opinionibus ac sermonibus imperitorum, ab ingeniis prudentium repudietur; vehementis habeat repentinos impetus, spatio interposito et causa cognita consenescat; denique illa definitio iudiciorum aequorum quae nobis a maioribus tradita est retineatur, ut in iudiciis et sine invidia culpa plectatur et sine culpa invidia ponatur.
6. And, therefore, O judges, I beg this of you before I begin to speak of the cause itself; in the first place, as is most reasonable, that you will bring no prejudice into court with you. In truth, we shall lose not only the authority, but even the name of judges, unless we judge from the facts which appear in the actual trials, and if we bring into court with us minds already made up on the subject at home. In the second place, I beg of you, if you have already adopted any opinion in your minds, that if reason shall eradicate it,—if my speech shall shake it,—if, in short, truth shall wrest it from you, you will not resist, but will dismiss it from your minds, if not willingly, at all events, impartially. I beg you, also, when I am speaking to each particular point, and effacing any impression my adversary may have made, not silently to let your thoughts dwell on the contrary statement to mine, but to wait to the end, and allow me to maintain the order of my arguments which I propose to myself; and when I have summed up, then to consider in your minds whether I have passed over anything.
6. ob rem a vobis, iudices, ante quam de ipsa causa dicere incipio, haec postulo, primum id quod aequissimum est ut ne quid huc praeiudicati adferatis — etenim non modo auctoritatem sed etiam nomen iudicum amittemus, nisi hic ex ipsis causis iudicabimus, si ad causas iudicia iam facta domo deferemus; — deinde si quam opinionem iam vestris mentibus comprehendistis, si eam ratio convellet, si oratio labefactabit, si denique veritas extorquebit, ne repugnetis eamque animis vestris aut libentibus aut aequis remittatis; tum autem cum ego una quaque de re dicam et diluam, ne ipsi quae contraria sint taciti cogitationi vestrae subiciatis sed ad extremum exspectetis meque meum dicendi ordinem servare patiamini; cum peroraro, tum si quid erit praeteritum animo requiratis.
7. I, O judges, am thoroughly aware that I am under taking a cause which has now for eight years together been constantly discussed in a spirit opposed to the interests of my client, and which has been almost convicted and condemned by the silent opinion of men; but if any god will only incline your good-will to listen to me patiently, I will show you that there is nothing which a man has so much reason to dread as envy,—that when he has incurred envy, there is nothing so much to be desired by an innocent man as an impartial tribunal, because in this alone can any end and termination be found at last to undeserved disgrace. Wherefore, I am in very great hope, if I am able fully to unravel all the circumstances of this case, and to effect all that I wish by my speech, that this place, and this bench of judges before whom I am pleading, which the other side has expected to be most terrible and formidable to Aulus Cluentius, will be to him a harbour at last, and a refuge for the hitherto miserable and tempest-tossed bark of his fortunes.
7. me, iudices, ad eam causam accedere quae iam per annos octo continuos ex contraria parte audiatur atque ipsa opinione hominum tacita prope convicta atque damnata sit facile intellego; sed si qui mihi deus vestram ad me audiendum benivolentiam conciliarit, efficiam profecto ut intellegatis nihil esse homini tam timendum quam invidiam, nihil innocenti suscepta invidia tam optandum quam aequum iudicium, quod in hoc uno denique falsae infamiae finis aliqui atque exitus reperiatur. ob rem magna me spes tenet, si quae sunt in causa explicare atque omnia dicendo consequi potuero, hunc locum consessumque vestrum, quem illi horribilem A.Aulo Cluentio ac formidolosum fore putaverunt, eum tandem eius fortunae miserae multumque iactatae portum ac perfugium futurum.
8. Although there are many things which seem to me necessary to be mentioned respecting the common dangers to which all men are exposed by unpopularity, before I speak about the cause itself; still, that I may not keep your expectations too long in suspense by my speech, I will come to the charge itself, only begging you, O judges, as I am aware I must frequently do in the course of this trial, to listen to me, as if this cause were now being this day pleaded for the first time,—as, in fact, it is; and not as if it had already been often discussed and proved. For on this day opportunity is given us for the first time of effacing that old accusation; up to this time mistake and odium have had the principal influence in the whole cause. Wherefore, while I reply with brevity and clearness to the accusation of many years standing, I entreat you, O judges, to listen to me, as I know that you are predetermined to do, with kindness and attention.
8. permulta sunt quae mihi, ante quam de causa dico, de communibus invidiae periculis dicenda esse videantur, tamen ne diutius oratione mea suspensa exspectatio vestra teneatur adgrediar ad crimen cum illa deprecatione, iudices, qua mihi saepius utendum esse intellego, sic ut me audiatis, quasi hoc tempore haec causa primum dicatur, sicuti dicitur, non quasi saepe iam dicta et numquam probata sit. enim die primum veteris istius criminis diluendi potestas est data, ante hoc tempus error in hac causa atque invidia versata est. ob rem, dum multorum annorum accusationi breviter dilucideque respondeo, quaeso ut me, iudices, sicut facere instituistis, benigne attenteque audiatis.
9. Aulus Cluentius is said to have corrupted a tribunal with money, in order to procure the condemnation of his innocent enemy, Statius Albius. I will prove, O judges, in the first place, (since that is the principal wickedness charged against him, and the chief pretext for casting odium upon him, that an innocent man was condemned through the influence of in your minds whether I have money,) that no one was ever brought before a court on heavier charges, or with more unimpeachable witnesses against him to prove them. In the second place, that a previous examination into the matter had been made by the very same judges who afterwards condemned him, with such a result that he could not possibly have been acquitted, not only by them, but by any other imaginable tribunal. When I have demonstrated this, then I will prove that point which I am aware is particularly indispensable, that that tribunal was indeed tampered with, not by Cluentius, but by the party hostile to Cluentius; and I will enable you to see clearly in the whole of that cause what the facts really were—what mistake gave rise to—and what had its origin in the unpopularity undeservedly stirred up against Cluentius.
9. dicitur A.Aulus Cluentius iudicium pecunia, quo inimicum innocentem, Statium Albium, condemnaret., iudices, primum, quoniam caput illius atrocitatis atque invidiae fuit innocentem pecunia circumventum, neminem umquam maioribus criminibus gravioribus testibus esse in iudicium vocatum; deinde ea de eo praeiudicia esse facta ab ipsis iudicibus a quibus condemnatus est ut non modo ab isdem sed ne ab aliis quidem ullis absolvi ullo modo posset. haec docuero, tum illud ostendam quod maxime requiri intellego iudicium illud pecunia esse temptatum non a Cluentio sed contra Cluentium, faciamque ut intellegatis in tota illa causa quid res ipsa tulerit, quid error adfinxerit, quid invidia conflarit.
10. The first point is this, from which it may be clearly seen that Cluentius had the greatest reason to confide in the justice of his cause, because he came down to accuse Albius relying on the most certain facts and unimpeachable witnesses. While on this topic, it is necessary for me, O judges, briefly to explain the accusations of which Albius was convicted. I demand of you, O Oppianicus, to believe that I speak unwillingly of the affair in which your father was implicated, because I am compelled by considerations of good faith, and of my duty as counsel for the defence. And, if I am unable at the present moment to satisfy you of this, yet I shall have many other opportunities of satisfying you at some future time; but unless I do justice to Cluentius now, I shall have no subsequent opportunity of doing justice to him. At the same time who is there who can possibly hesitate to speak against a man who has been condemned and is dead, on behalf of one unconvicted and living, when in the case of him who is being so spoken against conviction has taken away all danger of further disgrace, and death all fear of any further pain? and when, on the other hand, no disaster can happen to that man on behalf of whom one is speaking, without causing him the most acute feeling and pain of mind, and without branding his future life with the greatest disgrace and ignominy?
10. igitur illud est ex quo intellegi possit debuisse Cluentium magno opere causae confidere, quod certissimis criminibus et testibus fretus ad accusandum descenderit. loco faciendum mihi, iudices, est ut vobis breviter illa quibus Albius est condemnatus crimina exponam. te peto, Oppianice, ut me invitum de patris tui causa dicere existimes adductum fide atque officio defensionis. tibi si in praesentia non potuero, tamen multae mihi ad satis faciendum reliquo tempore facultates dabuntur; Cluentio nisi nunc satis fecero, postea mihi satis faciendi potestas non erit. et illud quis est qui dubitare debeat contra damnatum et mortuum pro incolumi et pro vivo dicere? cum illi in quem dicitur damnatio omne ignominiae periculum iam abstulerit, mors vero etiam doloris; hic autem pro quo dicimus nihil possit offensionis accipere sine acerbissimo animi sensu ac molestia et sine summo dedecore vitae et turpitudine.
11. And that you may understand that Cluentius was not induced to prosecute Oppianicus by a disposition fond of bringing accusations, or by any fondness for display or covetousness of glory, but by nefarious injuries, by daily plots against him, by hazard of his life, which has been every day set before his eyes, I must go back a little further to the very beginning of the business; and I entreat you, O judges, not to be weary or indignant at my doing so—for when you know the beginning, you will much more easily understand the end. Aulus Cluentius Habitus, this man's father, O judges, was a man by far the most distinguished for valour, for reputation and for nobleness of birth, not only of the municipality of Larinum, of which he was a native, but also of all that district and neighbourhood. When he died, in the consulship of Sulla and Pompeius, he left this son, a boy fifteen years old, and a daughter grown up and of marriageable age, who a short time after her father's death married Aulus Aurius Melinus, her own cousin, a youth of the fairest possible reputation, as was then supposed, among his countrymen, for honour and nobleness.
11. ut intellegatis Cluentium non accusatorio animo, non ostentatione aliqua aut gloria adductum, sed nefariis iniuriis, cotidianis insidiis, proposito ante oculos vitae periculo nomen Oppianici detulisse, paulo longius exordium rei demonstrandae petam; quod quaeso, iudices, ne moleste patiamini; principiis enim cognitis multo facilius extrema intellegetis. A.Aulus Cluentius fuit, pater huiusce, iudices, homo non solum municipi Larinatis ex quo erat sed etiam regionis illius et vicinitatis virtute, existimatione, nobilitate princeps. cum esset mortuus Sulla et Pompeio consulibus, reliquit hunc annos xv natum, grandem autem et nubilem filiam quae brevi tempore post patris mortem nupsit A.Aulo Aurio Melino, consobrino suo, adulescenti in primis, ut tum habebatur, inter suos et honesto et nobili. essent eae nuptiae plenae dignitatis, plenae concordiae, repente est exorta mulieris importunae nefaria libido non solum dedecore verum etiam scelere coniuncta.
12. This marriage subsisted with all respectability and all concord; when on a sudden there arose the nefarious lust of an abandoned woman, united not only with infamy but even with impiety. For Sassia, the mother of this Habitus, (for she shall be called his mother by me, just for the name's sake, although she behaves towards him with the hatred and cruelty of an enemy,)—she shall, I say, be called his mother; nor will I even so speak of her wickedness and barbarity as to forget the name to which nature entitles her; (for the more lovable and amiable the name of mother is, the more will you think the extraordinary wickedness of that mother, who for these many years has been wishing her son dead, and who wishes it now more than ever, worthy of all possible hatred.) She, then, the mother of Habitus, being charmed in a most impious matter with love for that young man, Melinus, her own son-in-law, at first restrained her desires as she could, but she did not do that long. Presently, she began to get so furious in her insane passion, she began to be so hurried away by her lust, that neither modesty, nor chastity, nor piety, nor the disgrace to her family, nor the opinion of men, nor the indignation of her son, nor the grief of her daughter, could recall her from her desires.
12. Sassia, mater huius — mater enim a me in omni causa, tametsi in hunc hostili odio et crudelitate est, mater, inquam, appellabitur, neque umquam illa ita de suo scelere et immanitate audiet ut naturae nomen amittat; quo enim est ipsum nomen amantius indulgentiusque maternum, hoc illius matris quae multos iam annos et nunc cum maxime filium interfectum cupit singulare scelus maiore odio dignum esse ducetis. igitur mater, Melini illius adulescentis, generi sui, contra quam fas erat amore capta primo, neque id ipsum diu, quoquo modo poterat in illa cupiditate continebatur; deinde ita flagrare coepit amentia, sic inflammata ferri libidine ut eam non pudor, non pietas, non macula familiae, non hominum fama, non fili dolor, non filiae maeror a cupiditate revocaret.
13. She seduced the mind of the young man, not yet matured by wisdom and reason, with all those temptations with which that early age can be charmed and allured. Her daughter, who was tormented not only with the common indignation which all women feel at injuries of that sort from their husbands, but who also was unable to endure the infamous prostitution of her mother, of which she did not think that she could even complain to any one without committing a sin herself, wished the rest of the world to remain in ignorance of this her terrible misfortune, and wasted away in grief and tears in the arms and on the bosom of Cluentius, her most affectionate brother.
13. adulescentis nondum consilio ac ratione firmatum pellexit eis omnibus rebus quibus illa aetas capi ac deleniri potest., quae non solum illo communi dolore muliebri in eius modi viri iniuriis angeretur sed nefarium matris paelicatum ferre non posset de quo ne queri quidem se sine scelere posse arbitraretur, ceteros sui tanti mali ignaros esse cupiebat; in huius amantissimi sui fratris manibus et gremio maerore et lacrimis consenescebat.
14. However, there is a sudden divorce, which appeared likely to be a consolation for all her misfortunes. Cluentia departs from Melinus; not unwilling to be released from the infliction of such injuries, yet not willing to lose her husband. But then that admirable and illustrious mother of hers began openly to exult with joy, to triumph in her delight, victorious over her daughter, not over her lust. Therefore she did not choose her reputation to be attacked any longer by uncertain suspicions; she orders that genial bed, which two years before she had decked for her daughter on her marriage, to be decked and prepared for herself in the very same house, having driven and forced her daughter out of it. The mother-in-law marries the son-in-law, no one looking favourably on the deed, no one approving it, all foreboding a dismal end to it.
14. autem subitum divortium quod solacium malorum omnium fore videbatur! a Melino Cluentia ut in tantis iniuriis non invita, ut a viro non libenter. vero illa egregia ac praeclara mater palam exsultare laetitia, triumphare gaudio coepit, victrix filiae non libidinis; diutius suspicionibus obscuris laedi famam suam noluit; lectum illum genialem quem biennio ante filiae suae nubenti straverat, in eadem domo sibi ornari et sterni expulsa atque exturbata filia iubet. genero socrus nullis auspicibus, nullis auctoribus, funestis ominibus omnium.
15. Oh, the incredible wickedness of the woman, and, with the exception of this one single instance, unheard of since the world began! Oh, the unbridled and unrestrained lust! Oh, the extraordinary audacity of her conduct! To think that she did not fear (even if she disregarded the anger of the gods and the scorn of men) that nuptial night and those bridal torches! that she did not dread the threshold of that chamber! nor the bed of her daughter! nor those very walls, the witnesses of the former wedding! She broke down and overthrew everything in her passion and her madness; lust got the better of shame, audacity subdued fear, mad passion conquered reason.
15. O mulieris scelus incredibile et praeter hanc unam in omni vita inauditum! o libidinem effrenatam et indomitam! o audaciam singularem! nonne timuisse, si minus vim deorum hominumque famam, at illam ipsam noctem facesque illas nuptialis, non limen cubiculi, non cubile filiae, non parietes denique ipsos superiorum testis nuptiarum? ac prostravit omnia cupiditate ac furore; vicit pudorem libido, timorem audacia, rationem amentia.
16. Her son was indignant at this common disgrace of his family, of his blood, and of his name. His misery was increased by the daily complaints and incessant weeping of his sister; still he resolved that he ought to do nothing more himself with reference to his grievous injuries and the terrible wickedness of his mother, beyond ceasing to consider her as his mother; lest, if he did continue to behave to her as if she were his mother, he might be thought not only to see, but in his heart to approve of, those things which he could not behold without the greatest anguish of mind.
16. hoc commune dedecus familiae, cognationis, nominis graviter filius; augebatur autem eius molestia cotidianis querimoniis et adsiduo fletu sororis; statuit tamen nihil sibi in tantis iniuriis ac tanto scelere matris gravius esse faciendum quam ut illa ne uteretur, ne quae videre sine summo animi dolore non poterat, ea, si matre uteretur, non solum videre verum etiam probare suo iudicio putaretur.
17. You have heard what was the origin of the bad feeling between him and his mother; when you know the rest, you will perceive that I feared this with reference to our care; for, I am not ignorant that, whatever sort of woman a mother may be, still in a trial in which her son is concerned, it is scarcely fitting that any mention should be made of the infamy of his mother. I should not, O judges, be fit to con duct any cause, if, when I was employed in warding off danger from a friend, I were to fail to see this which is implanted and deeply rooted in the common feelings of all men, and in their very nature. I am quite aware, that it is right for men not only to be silent about the injuries which they suffer from their parents, but even to bear them with equanimity; but I think that those things which can be borne ought to be borne, that those things which can be buried in silence ought to be buried in silence.
17. quod huic cum matre fuerit simultatis audistis. hoc ad causam tum cum reliqua cognoveritis intellegetis. illud me non praeterit, cuiuscumque modi sit mater, tamen in iudicio fili de turpitudine parentis dici vix oportere. essem ad ullam causam idoneus, iudices, si hoc quod in communibus hominum sensibus atque in ipsa natura positum atque infixum est, id ego, qui ad hominum pericula defendenda adiungerer, non viderem; facile intellego non modo reticere homines parentum iniurias sed etiam animo aequo ferre oportere. ego ea quae ferri possunt ferenda, quae taceri tacenda esse arbitror.
18. Aulus Cluentius has seen no calamity in his whole life, has encountered no peril of death, has feared no evil, which has not been contrived against, and brought to bear upon him, from beginning to end, by his mother. But all these things he would say nothing of at the present moment, and would allow them to be buried, if possible, in oblivion, and if not, at all events in silence as far as he is concerned, but she does these things in such a manner that he is totally unable to be silent about them; for this very trial, this danger in which he now is, this accusation which is brought against him, all the multitude of witnesses which is to appear, has all been provided originally by his mother; is marshalled by his mother at this present time; and is furthered with all her wealth and all her influence. She herself has lately hastened from Larinum to Rome for the sake of destroying this her son. The woman' is at hand, bold, wealthy and cruel. She has provided accusers; she has trained witnesses; she rejoices in the mourning garments and miserable appearance of Cluentius; she longs for his destruction; she would be willing to shed her own blood to the last drop, if she can only see his blood shed first. Unless you have all these circumstances proved to you in the course of this trial, I give you leave to think that she is unjustly brought before the court by me now; but if all these things are made as plain as they are abominable, then you ought to pardon Cluentius for allowing these things to be said by me; and you ought not to pardon me if I were silent under such circumstances Now I will just briefly relate to you on what charges Oppianicus was convicted; that you may be able to see clearly both the constancy of Aulus Cluentius and the cause of this accusation.
18. in vita vidit calamitatis A.Aulus Cluentius, nullum periculum mortis adiit, nihil mali timuit quod non totum a matre esset conflatum et profectum. hoc tempore sileret omnia atque ea, si oblivione non posset, tamen taciturnitate sua tecta esse pateretur; sed vero sic agitur ut prorsus reticere nullo modo possit. enim ipsum iudicium, hoc periculum, illa accusatio, ⟨illa⟩ omnis testium copia quae futura est a matre initio est adornata, a matre hoc tempore instruitur atque omnibus eius opibus et copiis comparatur. denique nuper Larino huius opprimendi causa Romam advolavit; praesto est mulier audax, pecuniosa, crudelis, instituit accusatores, instruit testis, squalore huius et sordibus laetatur, exitium exoptat, sanguinem suum profundere omnem cupit, dum modo profusum huius ante videat. nisi omnia perspexeritis in causa, temere a nobis illam appellari putatote; sin erunt et aperta et nefaria, Cluentio ignoscere debebitis, quod haec a me dici patiatur; mihi ignoscere non deberetis, si tacerem.
19. And first of all I will show you what was the cause of the prosecution of Oppianicus; so that you may see that, Aulus Cluentius only instituted it because he was compelled by force and absolute necessity.
19. iam summatim exponam quibus criminibus Oppianicus damnatus sit ut et constantiam A.Auli Cluenti et rationem accusationis perspicere possitis. primum causa accusandi quae fuerit ostendam ut id ipsum A.Aulum Cluentium vi ac necessitate coactum fecisse videatis.
20. When he had evidently taken poison, which Oppianicus, the husband of his mother, had prepared for him; and as this fact was proved, not by conjecture, but by eyesight,—by his being caught in the fact; and as there could be no possible doubt in the case, he prosecuted Oppianicus. With what constancy, with what diligence he did so, I will state hereafter; at present I wish you to be aware that he had no other reason for accusing him, except that this was the only method by which he could escape the danger manifestly intended to his life, and the daily plots laid against his existence. And that you may understand that Oppianicus was accused of charges from which a prosecutor had nothing to fear, and a defendant nothing to hope, I will relate to you a few of the items of accusation which were brought forward at that trial; and when you have heard them, none of you will wonder that he should have distrusted his case, and betaken himself to Stalenus and to bribery?
20. manifesto venenum deprehendisset quod vir matris Oppianicus ei paravisset, et res non coniectura sed oculis et manibus teneretur, neque in causa ulla dubitatio posset esse, accusavit Oppianicum; quam constanter et quam diligenter postea dicam; nunc hoc scire vos volui, nullam huic aliam accusandi causam fuisse nisi uti propositum vitae periculum et cotidianas capitis insidias hac una ratione vitaret. ut intellegatis eis accusatum esse criminibus Oppianicum ut neque accusator timere neque reus sperare debuerit, pauca vobis illius iudici crimina exponam; quibus cognitis nemo vestrum mirabitur illum diffidentem rebus suis ad Staienum atque ad pecuniam confugisse.
21. There was a woman of Larinum, named Dinea, the mother-in-law of Oppianicus, who had three sons, Marcus Aurius, Numerius Aurius, and Cnaeus Magius, and one daughter, Magia, who was married to Oppianicus. Marcus Aurius, quite a young man, having been taken prisoner in the social war at Asculum, fell into the hands of Quintus Sergius, a senator, who was convicted of assassination, and was put by him in his slaves' prison. But Numerius Aurius, his brother, died, and left Cnaeus Magius, his brother, his heir. Afterwards, Magia, the wife of Oppianicus, died; and last of all, that one who was the last of the sons of Dinea, Cnaeus Magius, also died. He left as his heir that young Oppianicus, the son of his sister, and enjoined that he should share the inheritance with his mother Dinea. In the meantime an informant comes to Dinea, (a man neither of obscure rank, nor uncertain as to the truth of his news,) to tell her that her son Marcus Aurius is alive, and is in the territory of Gaul, in slavery.
21. Larinas quaedam fuit Dinaea, socrus Oppianici, quae filios habuit M.Marcum et N.Numerium Aurios et Cn.Gnaeum Magium et filiam nuptam Oppianico. M.Marcus Aurius adulescentulus bello Italico captus apud Asculum in Q.Quinti Sergi senatoris, eius qui inter sicarios damnatus est, manus incidit et apud eum fuit in ergastulo. N. autem Aurius, frater eius, mortuus est heredemque Cn.Gnaeum Magium fratrem reliquit., uxor Oppianici, mortua est. unus qui reliquus erat Dinaeae filius Cn.Gnaeus Magius est mortuus. heredem fecit illum adulescentulum Oppianicum, sororis suae filium, eumque partiri cum Dinaea matre iussit. venit index ad Dinaeam neque obscurus neque incertus qui nuntiaret ei filium eius, M.Marcum Aurium, vivere et in agro Gallico esse in servitute.
22. The woman having lost her children, when the hope of recovering one of her sons was held out to her, summoned all her relations, and all the intimate friends of her son, and with tears entreated them to undertake the business to seek out the youth, and to restore to her that son whom fortune had willed should be the only one remaining to her out of many. Just when she had begun to adopt these measures, she was taken ill. Therefore she made a will in these terms: she left to that son four hundred thousand sesterces; and she made that Oppianicus who has been already mentioned, her grandson, her heir. And a few days after, she died. However, these relations, as they had undertaken to do while Dinea was alive, when she was dead, went into the Gallic territory to search out Aurius, with the same man who had brought Dinea the information.
22. amissis liberis, cum unius reciperandi fili spes esset ostentata, omnis suos propinquos filique sui necessarios convocavit et ab eis flens petivit ut negotium susciperent, adulescentem investigarent, sibi restituerent eum filium quem tamen unum ex multis fortuna reliquum esse voluisset. cum agere instituisset, oppressa morbo est. testamentum fecit eius modi ut illi filio HS cccc milia legaret, heredem institueret eundem illum Oppianicum, nepotem suum; atque eis diebus paucis est mortua. tamen illi, quem ad modum viva Dinaea instituerant, ita mortua illa ad investigandum M.Marcum Aurium cum eodem illo indice in agrum Gallicum profecti sunt.
23. In the meantime, Oppianicus being, as you will have proved to you by many circumstances, a man of singular wickedness and audacity, by means of some Gaul, his intimate friend, first of all corrupted that informer with a bribe, and after that, at no great expense, managed to have Aurius himself got out of the way and murdered. But they who had gone to seek out and recover their relation, send letters to Larinum, to the Aurii the relations of that young man, and their own intimate friends, to say that the investigation was very difficult for them, because they understood that the man who had given the information had been since bribed by Oppianicus. And these letters Aulus Aurius, a brave and experienced man, and one of high rank in his own city, the near relation of the missing Marcus Aurius, read openly in the forum, in the hearing of plenty of people, in the presence of Oppianicus himself, and with a loud voice declared that he would prosecute Oppianicus if he found that Marcus Aurius had been murdered.
23. Oppianicus ut erat, sicuti multis ex rebus reperietis, singulari scelere et audacia, per quendam Gallicanum, familiarem suum, primum illum indicem pecunia corrupit, deinde ipsum ⟨M.⟩ Aurium non magna iactura facta tollendum interficiendumque curavit. autem qui erant ad propinquum investigandum et reciperandum profecti litteras Larinum ad Aurios, illius adulescentis suosque necessarios, mittunt sibi difficilem esse investigandi rationem, quod intellegerent indicem ab Oppianico esse corruptum. litteras A.Aulus Aurius, vir fortis et experiens et domi nobilis et M. illius Auri perpropinquus, in foro palam multis audientibus, cum adesset Oppianicus, recitat et clarissima voce se nomen Oppianici, si interfectum M.Marcum Aurium esse comperisset, delaturum esse testatur.
24. The feelings, not only of his relations, but also of all the citizens of Larinum, are moved by hatred of Oppianicus, and pity for that young man. Therefore, when Aulus Aurius, he who had previously made this declaration, began to follow the man with loud cries and with threats, he fled from Larinum, and betook himself to the camp of that most illustrious man, Quintus Metellus.
24. brevi tempore illi qui erant in agrum Gallicum profecti Larinum revertuntur; interfectum esse M.Marcum Aurium nuntiant. non solum propinquorum sed etiam omnium Larinatium odio Oppianici et illius adulescentis misericordia commoventur. cum A.Aulus Aurius is qui antea denuntiarat clamore hominem ac minis insequi coepisset, Larino profugit et se in castra clarissimi viri, Q.Quinti Metelli, contulit.
25. After that flight, the witness of his crime, and of his consciousness of it, he never ventured to commit himself to the protection of a court of justice, or of the laws,—he never dared to trust himself unarmed among his enemies; but at the time when violence was stalking abroad, after the victory of Lucius Sulla, he came to Larinum with a body of armed men, to the great alarm of all the citizens; he carried off the quatuorviri, whom the citizens of that municipality had elected; he said that he and three others had been appointed by Sulla; and he said that he received orders from him to take care that that Aurius who had threatened him with prosecution and with danger to his life, and the other Aurius, and Caius Aurius his son, and Sextus Vibius, whom he was said to have employed as his agent in corrupting the man who had given the information, were proscribed and put to death. Accordingly, when they had been most cruelly murdered, the rest were ale thrown into no slight fear of proscription and death by that circumstance. When these things had been made manifest at the trial, who is there who can think it possible that he should have been acquitted? And these things are trifles. Listen to what follows, and you will wonder, not that Oppianicus was at last condemned, but that he remained for some time in safety.
25. illam autem fugam sceleris et conscientiae testem numquam se iudiciis, numquam legibus, numquam inermem inimicis committere ausus est sed per illam L.Lucii Sullae vim atque victoriam Larinum in summo timore omnium cum armatis advolavit; quattuorviros quos municipes fecerant sustulit; se a Sulla et alios praeterea tris factos esse dixit et ab eodem sibi esse imperatum ut ⟨A.⟩ Aurium illum qui sibi delationem nominis et capitis periculum ostentarat, et alterum ⟨A.⟩ Aurium et eius L. filium et Sex. Vibium quo sequestre in illo indice corrumpendo dicebatur esse usus, proscribendos interficiendosque curaret. illis crudelissime interfectis non mediocri ab eo ceteri proscriptionis et mortis metu terrebantur. rebus in causa iudicioque patefactis quis est qui illum absolvi potuisse arbitretur? haec parva sunt; cognoscite reliqua ut non aliquando condemnatum esse Oppianicum sed aliquam diu incolumem fuisse miremini.
26. In the first place, remark the audacity of the man. He was anxious to marry Sassia, the mother of Habitus, her whose husband, Aulus Aurius, he had murdered. It is hard to say whether he who wished such a thing was the more impudent, or she who consented was the more heartless. However, remark the humanity and virtue of both of them.
26. videte hominis audaciam. Sassiam in matrimonium ducere, matrem — illam cuius virum A. Aurium occiderat — concupivit. Vtrum impudentior hic qui postulet, an crudelior illa, si nubat, difficile dictu est; sed tamen utriusque humanitatem constantiamque cognoscite.
27. Oppianicus asks, and most earnestly entreats Sassia to marry him. But she does not marvel at his audacity,—does not scorn and reject his impudence, she is not even alarmed at the idea of the house of Oppianicus, red with her husband's blood; but she says that she has a repugnance to this marriage, because he has three sons. Oppianicus, who coveted Sassia's money, thought that he must seek at home for a remedy for that obstacle which was opposed to his marriage. For as he had an infant son by Novia, and as a second son of his, whom he had had by Papia, was being brought up under his mother's eye at Teanum in Apulia, which is about eighteen miles from Larinum, on a sudden, without alleging any reason, he sends for the boy from Teanum, which he had previously never been accustomed to do, except at the time of the public games, or on days of festival. His miserable mother, suspecting no evil, sends him. He pretended to set out himself to Tarentum; and on that very day the boy, though at the eleventh hour he had been seen in public in good health, died before night, and the next day was burnt before daybreak.
27. Oppianicus ut sibi Sassia nubat et id magno opere contendit. autem non admiratur audaciam, non impudentiam aspernatur, non denique illam Oppianici domum viri sui sanguine redundantem reformidat, sed quod haberet ille tris filios, idcirco se ab eis nuptiis abhorrere respondit. Oppianicus, qui pecuniam Sassiae concupivisset, domo sibi quaerendum remedium existimavit ad eam moram quae nuptiis adferebatur. cum haberet ex Novia infantem filium, alter autem eius filius Papia natus Teani, quod abest ab Larino xviii milia passuum, apud matrem educaretur, arcessit subito sine causa puerum Teano, quod facere nisi ludis publicis aut festis diebus antea non solebat. misera nihil mali suspicans mittit. se Tarentum proficisci cum simulasset, eo ipso die puer, cum hora undecima in publico valens visus esset, ante noctem mortuus et postridie ante quam luceret combustus est.
28. And common report brought this miserable news to his mother before any one of Oppianicus's household brought her news of it. She, when she had heard at one and the same time, that she was deprived not only of her son, but even of the sad office of celebrating his funeral rites, came instantly, half dead with grief, to Larinum, and there performs funeral obsequies over again for her already buried son. Ten days had not elapsed when his other infant son is also murdered; and then Sassia immediately marries Oppianicus, rejoicing in his mind, and feeling confident of the attainment of his hopes. No wonder she married him, when she saw him so eager to propitiate her, not with ordinary nuptial gifts, but with the deaths of his sons. So that other men are often covetous of money for the sake of their children, but that man thought it more agreeable to lose his children for the sake of money.
28. hunc tantum maerorem matri prius hominum rumor quam quisquam ex Oppianici familia nuntiavit. cum uno tempore audisset sibi non solum filium sed etiam exsequiarum munus ereptum, Larinum confestim exanimata venit et ibi de integro funus iam sepulto filio fecit. nondum decem intercesserant cum ille alter filius infans necatur. nubit Oppianico continuo Sassia laetanti iam animo et spe optime confirmato, nec mirum quae se non nuptialibus donis sed filiorum funeribus esse delenitam videret., quod ceteri propter liberos pecuniae cupidiores solent esse, ille propter pecuniam liberos amittere iucundum esse duxit.
29. I see, O judges, that you, as becomes your feelings of humanity, are violently moved at these enormous crimes now briefly related by me. What do you think must have been their feelings who had not only to hear of these wicked deeds, but also to sit in judgment on them? You are hearing of a man, in whose case you are not the judges,—of a man whom you do not see,—of a man whom you now can no longer hate, —of a man who has made atonement to nature and to the laws, whom the laws have punished with banishment, nature with death. You are hearing of these actions, not from any enemy, you are hearing of them without any witnesses being produced; you are hearing of them when those things which might be enlarged upon at the greatest length are stated by me in a brief and summary manner. They were hearing of the actions of a man with reference to whom they were bound to deliver their judgment on oath,—of a man who was present, whose infamous and hardened countenance they were looking upon,—of a man whom they hated on account of his audacity,—of him whom they thought worthy of every possible punishment. They were hearing the relation of these crimes from his accusers; they were hearing the statements of many witnesses; they were hearing a serious and long oration on each separate particular from Publius Canutius, a most eloquent man.
29. Sentio, iudices, vos pro vestra humanitate his tantis sceleribus breviter a me demonstratis vehementer esse commotos. tandem igitur animo fuisse illos arbitramini quibus his de rebus non modo audiendum fuit verum etiam iudicandum? auditis de eo in quem iudices non estis, de eo quem non videtis, de eo quem odisse iam non potestis, de eo qui et naturae et legibus satis fecit, quem leges exsilio, natura morte multavit, auditis non ab inimico, auditis sine testibus, auditis cum ea quae copiosissime dici possunt breviter strictimque dicuntur. audiebant de eo de quo iurati sententias ferre debebant, de eo cuius praesentis nefarium et consceleratum voltum intuebantur, de eo quem omnes oderant propter audaciam, de eo quem omni supplicio dignum esse ducebant; audiebant ab accusatoribus, audiebant verba multorum testium, audiebant cum una quaque de re a P.Publio Cannutio, homine eloquentissimo, graviter et diu diceretur.
30. And is there any man who, when he has become acquainted with these things, can suspect that Oppianicus was taken unfair advantage of, and crushed at his trial, though he was innocent? I will now mention all the other things in a lump, O judges, in order to come to those things which are nearer to, and more immediately connected with, this cause. I entreat you to recollect that it was no part of my original intention to bring any accusation against Oppianicus, now that he is dead; but that as I wish to persuade you that the tribunal was not bribed by my client, I use this as the beginning and foundation of my defence,—that Oppianicus was condemned, being a most guilty and wicked man. He himself gave a cup to his own wife Cluentia, who was the aunt of that man Habitus, and she while drinking it cried out that she was dying in the greatest agony; and she lived no longer than she was speaking, for she died in the middle of this speech and exclamation. And besides the suddenness of this death, and the exclamation of the dying woman, everything which is considered a sign and proof of poison was discovered in her body after she was dead.
30. est quisquam qui, cum haec cognoverit, suspicari possit Oppianicum iudicio oppressum et circumventum esse innocentem? reliqua iam, iudices, dicam ut ad ea quae propiora huiusce causae et adiunctiora sunt perveniam., quaeso, memoria teneatis non mihi hoc esse propositum ut accusem Oppianicum mortuum sed, cum hoc persuadere vobis velim, iudicium ab hoc non esse corruptum, hoc uti initio ac fundamento defensionis, Oppianicum, hominem sceleratissimum et nocentissimum, esse damnatum. uxori suae Cluentiae, quae amita huius fuit, cum ipse poculum dedisset, subito illa in media potione exclamavit se maximo cum dolore emori nec diutius vixit quam locuta est; nam in ipso sermone hoc et vociferatione mortua est. ad hanc mortem repentinam vocemque morientis omnia praeterea quae solent esse indicia et vestigia veneni in illius mortuae corpore fuerunt. veneno C.Gaium Oppianicum fratrem necavit.
31. And by the same poison he killed Caius Oppianicus his brother,—and even this was not enough. Although in the murder of his brother no wickedness seems to have been omitted, still he prepared beforehand the road by which he was to arrive at his abominable crime by other acts of wickedness. For, as Auria, his brother's wife, was in the family way, and appeared to be near the time of her confinement, he murdered her also with poison, so that she and his own brother's child, whom she bore within her, perished at the same time. After that he attacked his brother; who, when it was too late, after he had drank that cup of death, and when he was uttering loud exclamations about his own and his wife's death, and was desirous to alter his will, died during the actual expression of this intention. So he murdered the woman, that he might not be cut off from his brother's inheritance by her confinement; and he deprived his brother's children of life before they were able to receive from nature the light which was intended for them; so as to give every one to understand that nothing could be protected against him, that nothing was too holy for him, from whose audacity even the protection of their mother's body had been unable to preserve his own brother's children.
31. est hoc satis; tametsi in ipso fraterno parricidio nullum scelus praetermissum videtur, tamen ut ad hoc nefarium facinus accederet aditum sibi aliis sceleribus ante munivit. cum esset gravida Auria, fratris uxor, et iam appropinquare partus putaretur, mulierem veneno interfecit ut una illud quod erat ex fratre conceptum necaretur. fratrem adgressus est; qui sero iam exhausto illo poculo mortis, cum et de suo et de uxoris interitu clamaret testamentumque mutare cuperet, in ipsa significatione huius voluntatis est mortuus. mulierem ne partu eius ab hereditate fraterna excluderetur necavit; fratris autem liberos prius vita privavit quam illi hanc a natura lucem accipere potuerunt; ut omnes intellegerent nihil ei clausum, nihil sanctum esse posse a cuius audacia fratris liberos ne materni quidem corporis custodiae tegere potuissent.
32. I recollect that a certain Milesian woman, when I was in Asia, because she had by medicines brought on abortion, having been bribed to do so by the heirs in reversion, was convicted of a capital crime; and rightly, inasmuch as she had destroyed the hope of the father, the memory of his name, the supply of his race, the heir of his family, a citizen intended for the use of the republic. How much severer punishment does Oppianicus deserve for the same crime? For she, by doing this violence to her person, tortured her own body; but he effected this same crime through the torture and death of another. Other men do not appear to be able to commit many atrocious murders on one individual, but Oppianicus has been found clever enough to destroy many lives in one body.
32. teneo Milesiam quandam mulierem, cum essem in Asia, quod ab heredibus secundis accepta pecunia partum sibi ipsa medicamentis abegisset, rei capitalis esse damnatam; nec iniuria quae spem parentis, memoriam nominis, subsidium generis, heredem familiae, designatum rei publicae civem sustulisset. est Oppianicus in eadem iniuria maiore supplicio dignus! si quidem illa, cum suo corpori vim attulisset, se ipsa cruciavit, hic autem idem illud effecit per alieni corporis mortem atque cruciatum. non videntur in singulis hominibus multa parricidia suscipere posse, Oppianicus inventus est qui in uno corpore pluris necaret.
33. Therefore when Cnaeus Magius, the uncle of that young Oppianicus, had become acquainted with the habits and audacity of this man, and, being stricken with a sore disease, had made him, his sister's son, his heir, summoning his friends, in the presence of his mother Dinea, he asked his wife whether she was in the family way; and when she said that she was, he begged of her after his death to live with Dinea who was her mother-in-law, till she was confined, and to take great care to preserve and to bring forth alive the child that she had conceived. Accordingly, he leaves her in his will a large sum, which she was to receive from his child if a child was born, but leaves her nothing from the reversionary heir.
33. cum hanc eius consuetudinem audaciamque cognosset avunculus illius adulescentis Oppianici, Cn.Gnaeus Magius, isque, cum gravi morbo adfectus esset, heredem illum sororis suae filium faceret, amicis adhibitis praesente matre sua Dinaea uxorem suam interrogavit essetne praegnas. cum se esse respondisset, ab ea petivit ut se mortuo apud Dinaeam — quae tum ei mulieri socrus erat — quoad pareret habitaret diligentiamque adhiberet ut id quod conceperat servare et salvum parere posset. ei testamento legat grandem pecuniam a filio si qui natus esset; ab secundo herede nil legat. de Oppianico suspicatus sit videtis;
34. You see what he suspected of Oppianicus; what his opinion of him was is plain enough. For though he left his son his heir, he did not leave him guardian to his children. Now, learn what Oppianicus did; and you will see that Magius, when dying, had an accurate foresight of what was to happen. The money which had been left to her from her child if any was born, that Oppianicus paid to her at once, though it was not due; if, indeed, it is to be called a payment of a legacy, and not wages for procuring abortion; and she, having received that sum, and many other presents besides, which were read out of the codicils of Oppianicus's will, being subdued by avarice, sold to the wickedness of Oppianicus that hope which she had in her womb, and which had been so commended to her care by her husband.
34. quid iudicarit obscurum non est. cuius filium faceret heredem, eum tutorem liberis non adscripsit. Oppianicus fecerit cognoscite ut illum Magium intellegatis non longe animo prospexisse morientem. pecunia mulieri legata erat a filio, si qui natus esset, eam praesentem Oppianicus non debitam mulieri solvit, si haec solutio legatorum et non merces abortionis appellanda est. illa pretio accepto multisque praeterea muneribus quae tum ex tabulis Oppianici recitabantur spem illam quam in alvo commendatam a viro continebat victa avaritia sceleri Oppianici vendidit. posse iam ad hanc improbitatem addi videtur;
35. It would seem now that nothing could possibly be added to this wickedness: listen to the end.—The woman who, according to the solemn request of her husband, ought not for ten months to have ever entered any house but that of her mother-in-law; five months after her husband's death married Oppianicus himself. But that marriage did not last long, for it was entered into, not with any regard to the dignity of wedlock, but from a partnership in wickedness.
35. attendite exitum. mulier obtestatione viri decem illis mensibus ne domum quidem ullam nisi socrus suae nosse debuit, haec quinto mense post viri mortem ipsi Oppianico nupsit. nuptiae non diuturnae fuerunt; erant enim non matrimoni dignitate sed sceleris societate coniunctae.
36. What more shall I say? How notorious, while the fact was recent, was the murder of Asinius of Larinum, a wealthy young man! how much talked about in every one's conversation! There was a man of Larinum of the name of Avilius, a man of abandoned character and great poverty, but exceedingly skillful in rousing and gratifying the passions of young men; and as by his attentions and obsequiousness he had wormed himself into the acquaintance of Asinius, Oppianicus began forthwith to hope, that by means of this Avilius, as if he were an instrument applied for the purpose! he might catch the youth of Asinius, and take his father's wealth from him by storm. The plan was devised at Larinum; the accomplishment of it was transferred to Rome. For they thought that they could lay the foundations of that design more easily in solitude, but that they could accomplish a deed of the sort more conveniently in a crowd. Asinius went to Rome with Avilius; Oppianicus followed on their footsteps. How they spent their time at Rome, in what revels, in what scenes of debauchery, in what immense and extravagant expenses, not only with the knowledge, but even with the company and assistance of Oppianicus, would take me a long while to tell, especially as I am hurrying on to other topics. Listen to the end of this pretended friendship.
36. ? illa caedes Asuvi Larinatis, adulescentis pecuniosi, quam clara tum recenti re fuit et quam omnium sermone celebrata! Avillius quidam Larino perdita nequitia et summa egestate, arte quadam praeditus ad libidines adulescentulorum excitandas accommodata. ut se blanditiis et adsentationibus in Asuvi consuetudinem penitus immersit, Oppianicus continuo sperare coepit hoc se Avillio tamquam aliqua machina admota capere Asuvi adulescentiam et fortunas eius patrias expugnare posse. excogitata Larini est, res translata Romam; inire enim consilium facilius in solitudine, perficere rem eius modi commodius in turba posse arbitrati sunt. Asuvius cum Avillio Romam est profectus. vestigiis Oppianicus consecutus est. ut Romae vixerint, quibus conviviis, quibus flagitiis, quantis et quam profusis sumptibus non modo conscio sed etiam conviva et adiutore Oppianico longum est dicere mihi, praesertim ad alia properanti; exitum huius adsimulatae familiaritatis cognoscite.