On this, great scruples arose in men's minds, and some doubt as to what had really been done. Then some of the judges, wise men, trained in the old-fashioned principles of the ancient tribunals, as they could: not acquit a most guilty man, and yet, as they did not like at once to condemn a man, in whose case there appeared reason to suspect that bribery had been employed against him, before they were able to ascertain the truth of this suspicion, gave as their decision, “Not proven.” But some severe men, who made up their minds that regard ought to be had to the intention with which a thing was done by any one, although they believed that others had only given a correct decision through the influence of bribery, nevertheless thought that it behoved them to decide consistently with their previous decisions. Accordingly, they condemned him. There were five in all, who, whether they did so out of ignorance, or out of pity, or from being influenced by some secret suspicion, or by some latent ambition, acquitted that innocent Oppianicus of yours altogether.

After Oppianicus had been condemned, immediately Lucius Quinctius, an excessive seeker after popularity, who was accustomed to catch at every wind of report, and at every word uttered in the assemblies, thought that he had an opportunity of rising himself, by exciting odium against the senators; because he thought that the decisions of that body were already falling into disfavour in the eyes of the people. One or two assemblies are held, very violent and stormy: a tribune of the people kept loudly asserting that the judges had taken money to condemn an innocent prisoner: he kept saying, that the fortunes of all men were at stake; that there were no courts of justice; that no one could be safe who had a wealthy enemy. Men ignorant of the whole business, who had never even seen Oppianicus, and who thought that a most virtuous citizen, that a most modest man had been crushed by money, being exasperated by this suspicion, began to demand that the whole matter should be brought forward and inquired into, and in fact, to require an investigation of the whole business; and at that very time Stalenus, having been sent for by Oppianicus, came by night to the house of Titus Annius, a most honourable man, and a most intimate friend of my own.

By this time the whole business is known to every one;—what Oppianicus said to him about the money; how he said that he would restore the money; how respectable men heard the whole of their conversation, having been placed in a secret place with that view; how the whole matter was laid open, and mentioned publicly in the forum, and how all the money was extorted from and compelled to be restored by Stalenus. The character of this Stalenus, already known to and thoroughly ascertained by the people, was such as to make no suspicion unnatural; still, those who were present in the assembly did not understand that the money which he had promised to pay on behalf of the defendant, had been kept back by him.—For this they were not told. They were aware that reports of bribery had been at work in the court of justice; they heard that a defendant had been condemned who was innocent; they saw that he had been condemned by Stalenus's vote. They judged, because they knew the man that it had not been done for nothing. A similar suspicion existed with respect to Bulbus, and Gutta, and some others.

Therefore, I confess, (for I may now make the confession with impunity, especially in this place,) that not only the habits of life of Oppianicus, but that even his name was unknown to the people before that trial. Moreover that, as it did seem a most scandalous thing for an innocent man to have been crushed by the influence of money; and as the general profligacy of Stalenus, and the baseness of some others of the judges who resembled him, increased this suspicion; and as Lucius Quinctius pleaded his cause, a man not only of the greatest influence, but also of exceeding skill in arousing the feelings of the multitude; by these circumstances a very great degree of suspicion was excited against, and a very great degree of odium attached to that tribunal. And I recollect, that Caius Junius who had presided over that trial, was thrown, as it were, into the fresh fire; and that he, a man of aedilitian rank, who was already praetor in the universal opinion of all men, was driven out of the forum and even out of the city, not by any regular discussion, but by the outcry raised against him by all men.

And I am not sorry that I am defending the cause of Aulus Cluentius at this time rather than at that time. For the cause remains the same, and cannot by any means be altered; the violence of the times, and the unpopularity then stirred up, has passed away; so that the evil that existed in the time is now no injury to us, the good which there was in the cause is still advantageous to us. And, therefore, I perceive now how attentively I am listened to, not only by those to whom the judgment and the power of deciding belongs, but even by those whose influence is confined to their mere opinion. But if at that time I had been speaking, I should not have been listened to: not that the circumstances were different; they are exactly the same; but because the time was different—and of that you may feel quite sure. Who at that time could have dared to say? Oppianicus had been condemned because he was guilty? who now ventures to deny it? Who at that time could have ventured to assert that Oppianicus had endeavoured to corrupt the bench of judges with money? at the present time who is there who can deny it? Who, at that time, would have been suffered to mention that Oppianicus was prosecuted, after having been already condemned by two previous investigations? who is there at the present time who can attempt to invalidate this statement?