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Subject Area: Political Theory
Subject Area: Law

THE SPEECH OF M. T. CICERO AGAINST PUBLIUS CLODIUS AND CAIUS CURIO. - Marcus Tullius Cicero, Orations vol. 2: Three Orations on the Agrarian Law, the four against Cataline, the Orations for Rabirius Murena, Sylla, Archias, Flaccus, Scaurus, etc [1917]

Edition used:

The Orations of Marcus Tullius Cicero, trans. C.D. Yonge (London: G. Bell and Sons, 1913-21). Vol. 2.

Part of: The Orations of Marcus Tullius Ciciero, 4 vols.

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THE SPEECH OF M. T. CICERO AGAINST PUBLIUS CLODIUS AND CAIUS CURIO.

There are but a very few fragments of this speech remaining, and nothing is known of the occasion which gave rise to it. It is printed by Orellius, according to the corrections of Beier, from the Ambrosian manuscript. It was evidently addressed to the senate.

I. I had determined, O conscript fathers, as long as Publius Clodius was under prosecution, to say nothing respecting him either to you, or in any other place.NA* * *

And he had proclaimed this in furious harangues

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And as soon as he uttered these threats against me and against the republic NA* * *

NA* * * that I would add nothing to another person’s danger NA* * *

But if it were decided that it appeared that a man had not come where that fellow certainly had come

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when he came off from the trial like a naked man from a shipwreck NA* * * [the agitation of his mind, and a certain cloud shed over him from his wickedness, and the burning torches of the Furies distracted him

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II. And consider now whether you could easily be appointed, when he was not appointed in whose favour you had made the concession that we should promise Syria to him out of the regular order NA* * *

So that he seemed to be holding out to his creditors the hope of a province NA* * *

They add a vast amount of debt NA* * *

He asserts positively that he will be at Rome at the consular comitia NA* * *

He came to the treasury so long before, that he did not find even one single clerk there.

III. NA* * * By which that fellow, who was thoroughly acquainted with every description of sacrifice, thought that he should be easily able to propitiate the gods.

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When he said that he wished to cross over and become one of the common people; NA* * * but he was sadly anxious to cross the strait; and he did not despise this chattering Sicily.

NA* * * So few came that you might suppose that he had not summoned men to an assembly, but to perfect security.

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IV. First of all that harsh and old-fashioned man inveighed against those persons who, in the month of April, were spending their time at Baiæ, and using the warm baths. What have we to do with this morose and severe man? The manners of our day cannot endure so austere and rigorous a magistrate, who, as far as he can help it, will not allow men older than himself to stay at their own estates and attend to their health with impunity, even at a time when nothing is doing at Rome.

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What, says he, has a man of Arpinum, a country rustic, to do with Baiæ? Where he was so blind that it was very plain that he had seen something which he had no right to see; for he never once considered that the very patron of his licentiousness was not only at Baiæ, but was trying those very waters which had been so much to the taste of a man of Arpinum. But just observe the terrible ill temper and licence of an adversary and an enemy. He said that I was building where I have no property; that I had been staying there

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How can one avoid NA* * * seeing what an evident enemy that man is to one, when he accuses one of what he may either honourably confess, or convincingly deny?

V. For it is not so strange that he thinks us rustic, who are unable to provide ourselves with a tunic with sleeves, and a mitre, and purple bands. But you are a most witty man; you are really elegant; you are the only well-bred man, who look well in woman’s clothes, and with the gait of a singing woman; who know how to make your countenance look like that of a woman; to soften down your voice, and to make your body smooth. O extraordinary prodigy! O you monster! are you not ashamed at the sight of this temple, and of this city, nor of your life, nor of the light of day? Do you, who were clad in woman’s attire, dare to assume a manly voice,—you, whose infamous lust and adultery, united with impiety, was not delayed even by the time required to suborn witnesses to procure your acquittal? Did you, when your feet were being bound with bandages, when an Egyptian turban and veil were being fitted on your head, when you were with difficulty trying to get down the sleeved tunic over your arms, when you were being girdled carefully with a sash,—did you never in all that time recollect that you were the grandson of Appius Claudius? Did you not, even if lust had utterly deprived you of all common sense, NA* * * * * *

But I suppose, when a looking-glass was brought to you, you perceived that you were a good way removed from a pretty woman.

As if I were speaking of your personal beauty, you wretch.

VI. But, says he, when acquitted NA* * * After a very new fashion indeed; at least you are the first person that was ever acquitted and yet had to pay damages.

As if I were not content that twenty-five judges1 believed me, NA* * * who required rich sureties from you

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The divorce of the Pontifex Maximus NA* * *

VII. It was your own integrity that acquitted you, believe me; your modesty delivered you. The purity of your previous life preserved you.NA* * * That only four votes were wanting to ruin you NA* * *

For Lucius Cotta indeed NA* * *

So that afterwards, according to the Aurelian law, he could not be a judge.NA* * * * * *

[1 ]Cicero gives an account of this speech to Atticus, (Epist. ad Att. l. 16,) and it appears that this is an allusion to the trial of Clodius for profaning the mysteries of the Bona Dea, on which occasion he was only acquitted by the majority of thirty-one judges to twenty-five.