For A. Cluentius (41-45)

When this Dinea was making her will, Oppianicus, who was her son-in-law, having taken the papers, effaced the legacies she bequeathed in it with his finger; and as he had done this in many places, after her death, being afraid of being detected by all those erasures, he had the will copied over again, and had it signed and sealed with forged seals. I pass over many things on purpose. And indeed I fear lest I may appear to have said too much as it is. But you must suppose that he has been consistent with himself in every other transaction of his life. All the senators [*] of Larinum decided that he had tampered with the public registers of the censors of that city. No one would have any account with him; no one would transact any business with him. Of all the connections and relations that he had, no one ever left him guardian to his children. No one thought him fit to call on, or to meet in the street, or to talk to, or to dine with. All men shunned him with contempt and hatred,—all men avoided him as some inhuman and mischievous beast or pestilence.

Still, audacious, infamous, guilty as he was, Habitus, O judges, would never have accused him, if he had been able to avoid doing so without danger to his own life. Oppianicus was his enemy; still he was his step-father: his mother was cruel to him and hated him; still she was his mother. Lastly, no one was ever so disinclined to prosecutions as Cluentius was by nature, by disposition, and by the constant habits of his life. But as he had this alternative set before him, either to accuse hint, as he was bound to do by justice and piety, or else to be miserably and wickedly murdered himself, he preferred accusing him any way he could, to dying in that miserable manner.

Having undertaken the business, when the cause had been transferred to Rome, great contentions arose every day between Habitus and Oppianicus from the zeal of each for the side which he espoused. Oppianicus himself was a man of a bitter and savage disposition; and Habitus's own mother, being hostile to and furious against her son, inflamed his insane hatred. But they thought it exceedingly desirable for them to get rid of him, and to disconnect him from the cause of the Martiales. There was also another more influential reason which had great weight with Oppianicus, being a most avaricious and audacious man.

For, up to the time of that trial, Habitus had never made any will. For he could not make up his mind to bequeath anything to such a mother as his, nor, on the other hand, to leave his parent's name entirely out of his will. And as Oppianicus was aware of that, for it was no secret, he plainly saw, that, if Habitus were dead, all his property would come to his mother; and she might afterwards, when she had become richer, and had lost her son, be put out of the way by him, with more profit, and with less danger. So now see in what manner he, being urged on by these desires, endeavoured to take off Habitus by poison.