Cicero the english sections

section 1 : importance of the trial

importance of the trial

- this trial has interrupted the holiday/public games/public business

- one would expect the man on trial to have committed heinous acts such that the state cannot "stand still"

- but instead it is a man of "talent, industry and popularity"

-prosecutor = Sempronius Atratinus

section 1 notes

- trial was held on April 4th the start of the Magna Mater, jury would be upset that they are not at the games- Caelius must win them over as the defendant of the accused

- "de vi" law

during the first century BC there were several civil wars and considerably street violence between rival gangs

63 bc Catiline raised a private army in an attempted coup d'etat which the consul cicero supressed with this law/Caelius is charged under this law

- Cicero uses this violent case to contrast how trivial Caelius' case is/a reminder to judges of his suppression of the catiline conspiracy and how good cicero was as a consul

section 1 notes on caelius

- Caelius is 32/Cicero speaks of him like he was only 17 (as Atratinus was at the time of prosecution ) (first hint of his "boys will be boys argument"

- Cicero twists the truth to minimise Caelius' profligacy

- adulescens was a figure of comedy who acts irresponsibly but is forgiven by the end of the play which Caelius plays on

section 2- the prosecution has no hope of success

- should realise that anyone who has experienced freedom will not have accused Caelius of these things

-forgives Atratinus the prosecutor who is young/who does not know the meaning of piety yet/out of obligation

- if Atratinus wanted to accuse = Atratinus' piety

- if he was ordered to accuse - Atratinus' duty/obligation

- anyone else who accuses Caelius is unforgiveable and must be stopped

section 2 notes

- suggests that the prosecution "stooped to this accusation" because they would fail in everything else- SIGNALS THE STRENGTH OF THIS CASE

- does not name Clodia until Section 30

- adulescenti/young man is used again to make Caelius younger than he is

- pietas refers to filial duty here because Atratinus prosecutes Caelius because Caelius was accusing Atratinus' father

- the others include: P. Clodius (not Clodia's brother), L. Herennius Balbus a friend of Atratinus' father, but Cicero may be including Clodia too

section 3; Caelius' prestige

- Cicero will first respond to the accusations made against him

- accusation takes issue with Caelius' father's life style or that Caelius did not give him enough respect

- Marcus Caelius (the father) the name garners enough respect but should they not know, he is a knight the second highest social class

section 3 notes

in section 36 Caelius' father is called "parco" stingy and Caelius did not seem to have much connection with his father since he left home in his 20s for education

section 4 the effect of the trial on Caelius' parent

- being the son of a roman knight is not relevant to the accusation (preposterous that he has to defend or the prosecutions are allowed to use this as grounds for a charge)

- filial respect arguable but people can form their own opinion

- what their parents feel should be clear from his mother crying and his father's mourning clothes CLEARLY THEY LOVE HIM - HE HAS BEEN A GOOD SON?

section 4 notes

it is normal practice for relatives of the accused to wear mourning garments to evoke pity and visually accuse the accusers without making a formal legal charge

the panel of judges are largely knights/cicero is a knight

and therefore?

section 5: praetuttians highlight honoured Caelius

- accusation believe Caelius was disapproved of by his fellow townsmen however the Praetuttians even when he was absent enlisted him in the most distinguished body in town (without Caelius asking for this)

- as a result of this they have sent other senators + knights to attend and deliver praises

- therefore Cicero's defence has a foundation, both family and peers vouch for his character (if he were without one then there might be grounds for accusation)

section 5 notes

- Caelius' hometown was probably Interamna and the local tribe were called the Praetuttians

- most distinguished body = the local senate

- Cicero keeps stressing his youth as a young man

section 6: the charges are mere slander, not a proper accusation

- Cicero self-praises his hard work and his career which have become well known

- the criminal charges are not charges just slander which include comments about his good looks and popularity with women

- these slanders exist because he is attractive and a well known figure and slander is one thing but accusations are another

- accusation needs a charge, an argument with evidence, and a testimony

- abuse is just to insult, with malice = badmouth, with wit = satire

section 7: Atratinus should not have been chosen to open the case for the prosecution

- Atratinus is too young and too propietary to be engaging with this case

- Cicero wishes an older person were a member of the prosecution who would have been harsher with the punishment of slander (implying prosecution is lying)

- Atratinus, Cicero will treat gently due to his propiety and Cicero has duties to both him and his father Bestia

section 7 notes

Atratinus was only 17

slanderer and slander makes it clear he believes the prosecution is lying

Bestia was Atratinus' father whom Cicero successfully defended 2 months earlier

section 8: Cicero gives Atratinus some advice

- Cicero addresses Atratinus with some advice

- verbal licence verbal agreements which are legally binding but are hard to enforce with no documentation, Cicero tells Atratinus as a lawyer to steer clear from these as he would any bad behaviour

- do not accuse anyone of anything or say anything which would you yourself might be guilty of if said against you

- Cicero believes Atratinus agreed with the prosecution unwillingly

he is still propietary and talented because he said those unwilling words with elegance and polish

BLAME LIES ON THE REST OF THE PROSECUTION AND CLODIA

section 9: Cicero discusses Caelius' early training

- the questions regarding his behaviour in his youth is protected by two things

1) Caelius' sense of propriety

2) his father's training - which is virtuous because Caelius, upon receiving the toga of manhood, was handed over to Cicero ("to train for the most honourable pursuits")

- the only people who can vouch for his character are also the only people who were with Caelius during his youth: Cicero, his father and Marcus Crassus' household

section 9 notes

again stresses his youth wants everyone to think him almost the same age as Atratinus (Caelius is almost double the age)

boys wore a toga praetexta with purple stripes till manhood at around 16 and then they wear the toga virilis which is pure white

Cicero believes because Caelius was immediately transferred to himself Caelius could not have strayed

PRAETERITIO

summary of 10-16 not in the spec

section 10

caelius is charged with being in the catiline conspiracy but Cicero uses boys will be boys argument similar to 39 and 42

many young men were attracted to Catiline because of his charm but Caelius left before the conspiricy began

otherwise Caelius would not have brought the case against Antonius (suspected of complicity in the conspiracy)

Cicero even admits he was almost taken by Catiline

dismisses charge believing this to be irrelevant and the last thing to be doubted

section 17: Cicero defends Caelius against the charge of debt and extravagance

charge: foreign debt + extravagance

defense: his father has no records and Caelius is under his father's power (not in debt to his father

accusation- inhabits a house 30,000 sesterces too extravagant

but the house in which he lives is Publius' Clodius' which is for sale is actually only 10,000?

section 17 notes

- Cicero dismisses charges when he has little defense against them

Cicero dismisses charges Caelius never borrowed money to pay off other debts

"Cicero follows a well-tried principle; concentrate on trivialities where your client is innocent, brush aside more serious matters where he might be guilty"

section 18 summary: Cicero discusses Caelius' move from his father's house to the Palatine Hill

- some members of the prosecution blamed Caelius' for leaving his father, even though he had his father's permission

- though annoyed by Caelius' success, Cicero praises Caelius' victory and that he sought a magistracy

- the victory achieved is the defense of Antonius who Cicero was unable to defend

- Cicero now makes a reference to Medea

palatine medea = clodia

section 18 notes

- "if only in that Pelian forest" - reference to Jason's voyage to fetch the golden fleece

Pelias, denied Aeson (his half brother, Jason's father) a right to the throne, Jason comes back to claim it

in order to claim it: jason must bring back the golden fleece

- the reference is from the first line of Ennius' Medea

- the nurse laments that Jason's ship was made from the trees of Pelias' kingdom because he would later abandon Medea

- Atratinus likened Caelius to Jason: Caelius borrowed gold from Clodia

- Cicero now compares Medea to Clodia tho show his hatred for her

- also a chance for Cicero to show of literary knowledge

19-14 not part of the spec

- Cicero answers to the charges that Caelius assaulted a senator and married women by asking why they did not prosecute Caelius or ask for a court settlement

- hints Clodia is behind all the accusations

- he will not bring forward witnesses because they could distort the argmet

charges against Caelius: disturbances at Naples, assaults on Alexandrian envoys, property of Palla, murder of Dio

Hortensius defended the first three charges

King Ptolemy confessed to the murder of Dio and Asicius had been acquitted of the charge

section 25: Cicero discusses Herennius' speech

- all the above was preamble, Cicero now wants to move onto the "things on which this case rests"

- the jury listened well (Cicero's flattery) to Herennius' speech

- speech discussed, luxury, wantonness, vices of youths, lack of restraints specifically about Caelius

- Cicero believes he was harsher than any male relative, censor or lecturer of Caelius' would be

- Cicero does not believe these to be true but flatters senate for listening/being taken by an eloquent speech

section 25 notes

- flatters the jury commenting that they listened well to Herennius

- Cicero accuses Herennius of making a general attack on morals of society not on Caelius

- give a bit of lee way to the youth he argues

section 26 summary: Cicero dismisses the charge that Caelius was friendly with Bestia and a member of the Lupercal sect

- Cicero denies claims that Caelius was friends with Bestia, that they dined together, that he frequently visited his house, and strove for the praetorship

-also denies claims he was in the Lupercal cult since they seemed to frequentatively accuse each other so it cant be true? (im not sure about this)

section 26 notes

Bestia was defended by Cicero against charges of bribery of whom the accuser was Caelius (charges Bestia once fails the second)

Atratinus = Bestia's son accuses Caelius of violence hoping to stop more charges from Caelius since violence overpowers bribery

Cicero now defends Caelius against Bestia's family

Cicero has no evidence against the claim that Caelius was friends with Bestia: "these things are clearly false"

Lupercal- fertility festival 15th feb where young men in thongs from sacrificed goats run round Rome

section 27: Cicero discusses the way Publius Clodius spoke

- Publius Clodius rebukes Caelius' love for pleasure

- Cicero almost pitifully mocks Clodius saying that he was eloquent, speaking with sad words and a loud voice

BUT

- cicero is not afraid because Clodius has litigated in vain several times before

- Balbus a prosecutor is then attacked by cicero with claims of going to the gardens, using perfume, going to Baiae since it is these pleasures Balbus accuses Caelius of

section 27 notes

- dismisses section 26 lightly with no evidence

- gardens = clodia's gardens where in 36 Cicero says young men came to swim Balbus being one of them supposedly

- perfume hint at effeminacy

Baiae= fashionable resort for wealthy Romans

Julius Caesar, Nero and others had villas built their

known for luxorious/immoral parties

section 28 cicero defends youthful pleasures

- many men returned from love of pleasures and become serious and distinguished

- many of these men men who have experienced pleasures, whether completely or touching the tip of the iceberg eventually return to "good fruits"

- cicero argues that nature brings pleasure to those who are young and so long as no one is too greatly harmed is excusable

section 28 notes

- Cicero's defense is shaky because Caelius was quite profligate

his only defense = young men have desires which are benign

section 29: Cicero accuses Balbus of making generalised rather than specific charges against Caelius

- the accusation wants Caelius to be charged for vices which a lot of men have been guilty of: corruption, adulteries, impudence, expenses, luxury

- which if Cicero were to talk about would take too long since they are vices of all men

- Cicero says however if the judges are wise, they will realise most of their charges are just generalised faults of many men

section 29 notes

Cicero flatters the judges calls on their wisdom to understand his point as to why it would be a waste of time to dwell on the accusations made against Caelius which are the vices of all men

section 30: Cicero finally comes to the specific chages of borrowing gold and attempting to poison Clodia

- Cicero will not respond to Balbus as he should since it is his job to "PRAY FOR IMMUNITY AND SEEK FORGIVENESS FOR YOUTH"

- cicero asks that any shared hatred for these vices of the youths and the sins of others do not harm Caelius

- he will now move on to the two claims he believes has foundation

- Cicero says: "the gold was taken from clodia, poison sought to be given to clodia"

- everything else = slander, which have "no foundation", occur as a result of strife not suitable in the courtroom

section 30 notes

- repeats what he said earlier about slanders (section 6)

- again lightly dismisses charges though he will later talk more about them

section 31: Cicero names Clodia as the source of these accusations

- Cicero claims Caelius needed gold which he received from Clodia with no witnesses and that he could keep it for a long time- EVIDENCE OF CLOSE RELATIONSHIP

- Caelius wanted to kill Clodia with poison he sourced etc. which shows hatred through discord

- Cicero now shifts the case towards Clodia, the accuser, who is "not only high born but infamous"

section 31 notes

finally names the source of the accusations as Clodia

previously referred to Medea of the Palatine and the hidden hand

section 32: Cicero answers the charges by atacking clodia

- anyone wise will realise that this case should be centred around clodia

- cicero believes the case lies on the accusations of Clodia which if removed, means the case is no longer there

- attacks her: "in mentioning the name of a matron in a way so different from what is expected of a roman matron"

- cicero has issue with Clodia's brother Clodius whom is frequently believed to be her lover hence: "that woman's husband brother"

- he has a duty to not engage in fights with women and will not do so, especially since men deem Clodia to be "everybody’s friend"

section 32 notes

- Cnaeus Domitius is the praetor in charge of proceedings all his flattery is directed at him (a man of your eminent wisdom)

- uses "ista muliere" derogatory

- everybody's friend = amicam omnium

comic poets Plautus and Terrence use to mean mistress

Cicero attaches this meaning to hte word hear