Pro A. Cluentio

Oh, but Stalenus was not commissioned to corrupt the judges by Oppianicus, but by Cluentius. Why, when the judges were retiring to deliberate, did Cluentius and Canutius allow him to go away? Why, when they were going to give their votes, did they not require the presence of Stalenus the judge, to whom they had given the money Oppianicus did not for him; Quinctius did demand his presence. The tribunitian power was interposed to prevent a decision being come to without Stalenus. But he condemned him. To be sure, for he had given this condemnatory vote as a sort of pledge to Bulbus and the rest to prove that he had been cheated by Oppianicus. If, therefore, on one side, there is a reason for corrupting the tribunal; on one side, money; on one side, Stalenus; on one side, every description of fraud and audacity: and on the other side, modesty, an honourable life, and no suspicion of corruption, and no object in corrupting the tribunal; allow, now that the truth is made clear and all error dispelled, the discredit of that baseness to adhere to that side to which all the other wickednesses are attached; and allow the odium of it to depart at last from that man, whom you do not perceive to have ever been connected with any fault.

Oh, but Oppianicus gave Stalenus money, not to corrupt the judges, but to conciliate their favour. Can you, O Attius, can a man endued with your prudence, to say nothing of your knowledge of the world, and practice in pleading, say such a thing as this? For they say that he is the wisest man; to whom everything which is necessary is sure to occur of his own accord; and that he is next best to him, who is guided by the clever experience of another. [*](There is an epigram in the Greek anthology from which these sentiments of Cicero seem to be taken:—ou(=tos me\n pana/ristos, o(\s au)to\s pa/nta noh/sh|, e)sqlo\s d' au)= ka)/keinos, o(\s eu)= ei)po/nti pi/qhtai, o(/s de/ ke mh/t' au)/to\s noe/h|, mh/t' a)/llou a)kou/wn e)n qumw=| ba/llhtai, o(/d' au)=t' a)xrh/ios a)nh/r. ) But in folly it is just the contrary; for he is less foolish to whom no folly occurs spontaneously, than he who approves of the folly which occurs to another. That idea of conciliating favour Stalenus thought of, while the case was fresh, when he was held by the throat as it were; or rather, as people said at the time, he took the hint from Publius Cethegus, when he published that fable about conciliation and favour.