If anyone, O judges and jury, should now by chance be present, ignorant of the law, of the courts, of our customs, he would surely be amazed, what is there of such an atrocity in this particular case, because during the holidays and public games, having interrupted all public business this one trial should be administered, nor would he doubt, that a culprit of a great crime is being charged, that if it should be ignored the state would not be able to stand still; when the same man hears that there is a law, which orders daily investigations regarding mutinous and most wicked citizens, who armed besieged the senate, have brought violence to the civil offices, assaulted the republic: he would not reject the law, he would require a charge which would stand in the court; when he would hear that there is no crime, no audacity, no violence being called in court, but that a young man of illustrious natural-talent, industry, and popularity is being accused by the son of that man, whom he himself both may prosecute and has prosecuted in court, moreover that he is being attacked with the help of a prostitute: he would not blame the piety of that Atratinius, he would think to suppress feminine lust, he would value your toils, for whom indeed it may not be permitted to be at universal rest when others are at rest.
And indeed, if you will be willing to listen attentively, to form an opinion rightly regarding the entirety of this case, o judges, you will thus decide neither that one, who would wish or would be permitted, would come down to this accusation, nor that, after he had decended, would he have any hope, unless he was very much supported by the insufferable desire and excessibly bitter hatred of someone else. Yet I forgive Atratinus, a most refined and what’s more a pleasant young man closely connected by my friendship, who has the excuse of either piety or obligation or even his age. If he has wished to accuse, I attribute it to his piety, if he was ordered, to his obligation, if he hoped for something, I allotted to his childhood. The others must not only in no way be pardoned, but they also must be fiercely resisted.
And indeed, gentlemen of the jury, it seems to me the most fitting way to launch the defense of the young Marcus Caelius is first to respond to the things his accusers have said to disgrace him and strip and rob him of his good name. The issue of his father has been raised in a variety of ways, because people said either the father himself did not live in sufficient style or the son did not accord him sufficient respect.
As for his position, to those who know him and are older, Marcus Caelius easily makes answer himself without uttering a word and even without any defense of mine. As for those, however, to whom he is not so well known because, owing to his advanced years, he has for a long time associated with us less, both in the forum and in private, they may be sure of this: whatever prestige can attach to a Roman knight - and that can certainly be very great - it has always been regarded as a strong feature in Marcus Caelius, and it is so regarded today, not only by those close to him but also by all those who for some reason have been able to come to know him.
But being the son of a Roman knight should not have been presented as grounds for a charge by the accusers, before either these jurors or me as the defending counsel. As for what you said about filial respect, it is certainly for us to form an opinion about that. But it is definitely up to the parent to make a considered judgment. You shall hear our opinion from witnesses under oath. But the parents' feelings are clear from the mother's tears and unbelievable sadness, the father's mourning attire and this grief and sorrow you see before you.
As for your objection that the young man was disapproved of by his fellow townsmen, the Praetuttians never paid higher honours to anyone while he was with them than to Marcus Caelius while he was not: even while he was absent, they enlisted him in the most distinguished body in the town. Without his asking they conferred on him honours which they refused to many who did so ask. In the same way they have now sent eminent fellow-senators of mine and Roman knights to attend this trial and speak his praises in the weightiest and most eloquent terms.
I believe I have laid the foundations of my defence. If it rests on the judgment of his peers, it is rock solid. If this young man were displeasing not only to such a one as his father but also to a community so outstanding and important, you would consider him of insufficient merit.
For my part, to turn to my own case, it is from springs such as these that my life has flowed into world repute. These exertions of mine at the bar and the conduct of my career have achieved somewhat wider public recognition because of the commendation and support of my peers.
As for the objections you have raised concerning my client's morals, as for all the fuss made by his accusers, not through criminal charges but through backbiting and slander, Marcus Caelius will never feel so bitterly about that as to regret that he was born not ugly.
Those slanders are spread around against all who as young men have been marked by an attractive figure and distinguished appearance. But it is one thing to abuse, another to bring an accusation. Accusation needs a criminal charge, so as to define a situation, mark a man, prove by argument and confirm with testimony. But abuse has no purpose but to insult. If this is marked by a strain of viciousness, then it is termed bad-mouthing, but if there is a measure of wit, then it passes for satire.
I was surprised and upset that this part of the prosecution was given to Atratinus in particular: it did not become him, his age did not call for it, and, as you could discern, the excellent young man's sense of propriety made him uncomfortable with engaging in a plea of this sort. I could wish that one of the more seasoned among you had undertaken the role of slanderer: I should be considerably less inhibited, more forceful and more my usual self in rebutting the latitude you have granted to slander. I shall deal more gently with you, Atratinus: your sense of propriety restrains my language, and I am obliged to keep unspoilt the service I have rendered you and your father.
I want, however, to give you the following warning so that everyone may form an accurate view of you: first, keep as far away from verbal licence as you are from baseness in action; next, say nothing against another which would cause you to blush when fabricated against yourself in return.
That path lies open to all the world. Who is there who cannot abuse as viciously as he likes one of your years and personal grace? Even if there are no grounds for suspicion, he can make his slanders sound quite plausible. But the blame for that role of yours rests with those who wanted you to play it. The credit rests with your sense of propriety because we saw you said those things unwillingly, and with your talent because you spoke with elegance and polish.