---
title: "For Sextus Roscius of Ameria · Pro Sex. Roscio Amerino"
author: "Cicero"
translator: "Charles Duke Yonge"
languages: [la, en]
shelf: "Classical Latin"
url: https://scriptura.si/works/cicero-pro-roscio-amerino/
cite: "Cicero, tr. Charles Duke Yonge, For Sextus Roscius of Ameria · Pro Sex. Roscio Amerino. Scriptura (scriptura.si), https://scriptura.si/works/cicero-pro-roscio-amerino/"
---

# For Sextus Roscius of Ameria · Pro Sex. Roscio Amerino

*Cicero, tr. Charles Duke Yonge*

At twenty-six Cicero defends a man accused of parricide by the agents of Sulla’s favourite Chrysogonus.

> Latin: ed. Albert Curtis Clark, from the Perseus Digital Library (canonical-latinLit, phi0474.phi002, CC BY-SA 4.0).

> English: Charles Duke Yonge, from the Perseus Digital Library (phi0474.phi002.perseus-eng2). Notes are not included.

> Rows follow the references the two texts share (chapters and sections), cut where both reach the end of a sentence.

## Contents

1. [Sections 3–42](https://scriptura.si/works/cicero-pro-roscio-amerino/1.md)
2. [Sections 43–79](https://scriptura.si/works/cicero-pro-roscio-amerino/2.md)
3. [Sections 80–118](https://scriptura.si/works/cicero-pro-roscio-amerino/3.md)
4. [Sections 119–154](https://scriptura.si/works/cicero-pro-roscio-amerino/4.md)

## 1. Sections 3–42

Source: https://scriptura.si/works/cicero-pro-roscio-amerino/1/ · cite a paragraph as https://scriptura.si/works/cicero-pro-roscio-amerino/1/#p-N

[¶0] Cicero himself in this speech calls this trial the first public, that is criminal cause in which he was engaged; and many critics consider it an earlier speech than the preceding one for Quinctius. The case was this: The father of Sextus Roscius had been slain during the proscriptions of Sulla, and his estate, which was very large, had been sold for a very trifling sum to Lucius Cornelius Chrysogonus, a favourite slave to whom Sulla had given his freedom; and Chrysogonus, to secure possession of it, persuaded a man named Caius Erucius to accuse Roscius of having killed his father himself. Many lawyers refused to defend him, being afraid of Sulla, whose influence was openly used for his freedman. Roscius was acquitted. Cicero often refers with great complacency to his conduct in this suit, as a proof of his intrepidity, and of his resolute honesty in discharging the duties of an advocate without being dismayed at the opposition of the greatest men in Rome. I imagine that you, O judges, are marvelling why it is that when so many most eminent orators and most noble men are sitting still, I above all others should get up, who neither for age, nor for ability, nor for influence, am to be compared to those who are sitting still. For all these men whom you see present at this trial think that a man ought to be defended against all injury contrived against him by unrivalled wickedness; but through the sad state of the times they do not dare to defend him themselves. So it comes to pass that they are present here because they are attending to their business, but they are silent because they are afraid of danger. What then? Am I the boldest of all these men? By no means. Am I then so much more attentive to my duties than the rest? I am not so covetous of even that praise, as to wish to rob others of it. What is it then which has impelled me beyond all the rest to undertake the cause of Sextus Roscius? Because, if any one of those men, men of the greatest weight and dignity, whom you see present, had spoken, had said one word about public affairs, as must be done in this case, he would be thought to have said much more than he really had said.

> Latin: ego vos, iudices, mirari quid sit quod, cum tot summi oratores hominesque nobilissimi sedeant, ego potissimum surrexerim, is qui neque aetate neque ingenio neque auctoritate sim cum his qui sedeant comparandus. hi quos videtis adesse in hac causa iniuriam novo scelere conflatam putant oportere defendi, defendere ipsi propter iniquitatem temporum non audent. fit ut adsint propterea quod officium sequuntur, taceant autem idcirco quia periculum vitant. ergo? audacissimus ego ex omnibus?. tanto officiosior quam ceteri? istius quidem laudis ita sum cupidus ut aliis eam praereptam velim. me igitur res praeter ceteros impulit ut causam Sex. Rosci reciperem?, si qui istorum dixisset quos videtis adesse, in quibus summa auctoritas est atque amplitudo, si verbum de re publica fecisset, id quod in hac causa fieri necesse est, multo plura dixisse quam dixisset putaretur.

[¶1] 3. But if I should say all the things which must be said with ever so much freedom, yet my speech will never go forth or be diffused among the people in the same manner. Secondly, because anything said by the others cannot be obscure, because of their nobility and dignity, and cannot be excused as being spoken carelessly, on account of their age and prudence; but if I say anything with too much freedom, it may either be altogether concealed, because I have not yet mixed in public affairs, or pardoned on account of my youth; although not only the method of pardoning, but even the habit of examining into the truth is now eradicated from the State.

> Latin: 3. autem si omnia quae dicenda sunt libere dixero, nequaquam tamen similiter oratio mea exire atque in volgus emanare poterit. quod ceterorum neque dictum obscurum potest esse propter nobilitatem et amplitudinem neque temere dicto concedi propter aetatem et prudentiam. si quid liberius dixero, vel occultum esse propterea quod nondum ad rem publicam accessi, vel ignosci adulescentiae meae poterit; tametsi non modo ignoscendi ratio verum etiam cognoscendi consuetudo iam de civitate sublata est.

[¶2] 4. There is this reason, also, that perhaps the request to undertake this cause was made to the others so that they thought they could comply or refuse without prejudice to their duty; but those men applied to me who have the greatest weight with me by reason of their friendship with me, of the kindnesses they have done me, and of their own dignity; whose kindness to me I could not be ignorant of whose authority I could not despise, whose desires I could not neglect.

> Latin: 4. illa quoque causa quod a ceteris forsitan ita petitum sit ut dicerent, ut utrumvis salvo officio se facere posse arbitrarentur; a me autem ei contenderunt qui apud me et amicitia et beneficiis et dignitate plurimum possunt, quorum ego nec benevolentiam erga me ignorare nec auctoritatem aspernari nec voluntatem neglegere debebam.

[¶3] 5. On these accounts I have stood forward as the advocate in this cause, not as being the one selected who could plead with the greatest ability, but as the one left of the whole body who could do so with the least danger; and not in order that Sextus Roscius might he defended by a sufficiently able advocacy, but that he might not be wholly abandoned. Perhaps you may ask, What is that dread, and what is that alarm which hinders so many, and such eminent men, from being willing, as they usually are, to plead on behalf of the life and fortunes of another? And it is not strange that you are as yet ignorant of this, because all mention of the matter which has given rise to this trial has been designedly omitted by the accusers.

> Latin: 5. de causis ego huic causae patronus exstiti, non electus unus qui maximo ingenio sed relictus ex omnibus qui minimo periculo possem dicere, neque uti satis firmo praesidio defensus Sex. Roscius verum uti ne omnino desertus esset. quaeratis qui iste terror sit et quae tanta formido quae tot ac talis viros impediat quo minus pro capite et fortunis alterius quem ad modum consuerunt causam velint dicere. adhuc vos ignorare non mirum est, propterea quod consulto ab accusatoribus eius rei quae conflavit hoc iudicium mentio facta non est.

[¶4] 6. What is that matter? The property of the father of this Sextus Roscius, which is six millions of sesterces, which one of the most powerful young men of our city at this present time, Lucius Cornelius Chrysogonus, says he bought of that most gallant and most illustrious man Lucius Sulla, whom I only name to do him honour, for two thousand sesterces. He, O judges, demands of you that, since he, without any right, has taken possession of the property of another, so abundant and so splendid, and as the life of Sextus Roscius appears to him to stand in the way of and to hinder his possession of that property, you will efface from his mind every suspicion, and remove all his fear. He does not think that, while this man is safe, he himself can keep possession of the ample and splendid patrimony of this innocent man; but if he be convicted and got rid of, he hopes he may be able to waste and squander in luxury what he has acquired by wickedness. He begs that you will take from his mind this uneasiness which day and night is pricking and harassing him, so as to profess yourselves his assistants in enjoying this his nefariously acquired booty.

> Latin: 6. res ea est? patris huiusce Sex. Rosci quae sunt sexagiens, quae de viro fortissimo et clarissimo L. Lucio Sulla, quem honoris causa nomino, duobus milibus nummum sese dicit emisse adulescens vel potentissimus hoc tempore nostrae civitatis, L. Lucius Cornelius Chrysogonus. a vobis, iudices, hoc postulat ut, quoniam in alienam pecuniam tam plenam atque praeclaram nullo iure invaserit, quoniamque ei pecuniae vita Sex. Rosci obstare atque officere videatur, deleatis ex animo suo suspicionem omnem metumque tollatis; sese hoc incolumi non arbitratur huius innocentis patrimonium tam amplum et copiosum posse obtinere, damnato et eiecto sperat se posse quod adeptus est per scelus, id per luxuriam effundere atque consumere. sibi ex animo scrupulum qui se dies noctesque stimulat ac pungit ut evellatis postulat, ut ad hanc suam praedam tam nefariam adiutores vos profiteamini.

[¶5] 7. If his demand seems to you just and honourable, O judges, I, on the other hand, proffer this brief request, and one, as I persuade myself, somewhat more reasonable still. First of all, I ask of Chrysogonus to be content with our money and our fortunes, and not to seek our blood and our lives. In the second place, I beg you, O judges, to resist the wickedness of audacious men; to relieve the calamities of the innocent, and in the cause of Sextus Roscius to repel the danger which is being aimed at every one.

> Latin: 7. vobis aequa et honesta postulatio videtur, iudices, ego contra brevem postulationem adfero et, quo modo mihi persuadeo, aliquanto aequiorem. a Chrysogono peto ut pecunia fortunisque nostris contentus sit, sanguinem et vitam ne petat; deinde a vobis, iudices, ut audacium sceleri resistatis, innocentium calamitatem levetis et in causa Sex. Rosci periculum quod in omnis intenditur propulsetis.

[¶6] 8. But if any pretence for the accusation—if any suspicion of this act—if, in short, any, the least thing be found,—so that in bringing forward this accusation they shall seem to have had some real object,—if you find any cause whatever for it, except that plunder which I have mentioned, I will not object to the life of Sextus Roscius being abandoned to their pleasure. But if there is no other object in it, except to prevent anything being wanting to those men, whom nothing can satisfy, if this alone is contended for at this moment, that the condemnation of Sextus Roscius may be added as a sort of crown, as it were, to this rich and splendid booty,—though many things be infamous, still is not this the most infamous of all things, that you should be thought fitting men for these fellows now to expect to obtain by means of your sentences and your oaths, what they have hitherto been in the habit of obtaining by wickedness and by the sword; that though you have been chosen out of the state into the senate because of your dignity, and out of the senate into this body because of your inflexible love of justice—still assassins and gladiators should ask of you, not only to allow them to escape the punishment which they ought to fear and dread at your hands for their crimes, but also that they may depart from this court adorned and enriched with the spoils of Sextus Roscius?

> Latin: 8. si aut causa criminis aut facti suspicio aut quaelibet denique vel minima res reperietur quam ob rem videantur illi non nihil tamen in deferendo nomine secuti, postremo si praeter eam praedam quam dixi quicquam aliud causae inveneritis, non recusamus quin illorum libidini Sex. Rosci vita dedatur. aliud agitur nihil nisi ut eis ne quid desit quibus satis nihil est, si hoc solum hoc tempore pugnatur ut ad illam opimam praeclaramque praedam damnatio Sex. Rosci velut cumulus accedat, nonne cum multa indigna tum vel hoc indignissimum est, vos idoneos habitos per quorum sententias iusque iurandum id adsequantur quod antea ipsi scelere et ferro adsequi consuerunt? qui ex civitate in senatum propter dignitatem, ex senatu in hoc consilium delecti estis propter severitatem, ab his hoc postulare homines sicarios atque gladiatores, non modo ut supplicia vitent quae a vobis pro maleficiis suis metuere atque horrere debent verum etiam ut spoliis ex hoc iudicio ornati auctique discedant?

[¶7] 9. Of such important and such atrocious actions, I am aware that I can neither speak with sufficient propriety, nor complain with sufficient dignity, nor cry out against with sufficient freedom. For my want of capacity is a hindrance to my speaking with propriety; my age, to my speaking with dignity; the times themselves are an obstacle to my speaking with freedom. To this is added great fear, which both nature and my modesty cause me, and your dignity, and the violence of our adversaries, and the danger of Sextus Roscius. On which account, I beg and entreat of you, O judges, to hear what I have to say with attention, and with your favourable construction.

> Latin: 9. de rebus tantis tamque atrocibus neque satis me commode dicere neque satis graviter conqueri neque satis libere vociferari posse intellego. commoditati ingenium, gravitati aetas, libertati tempora sunt impedimento. accedit summus timor quem mihi natura pudorque meus attribuit et vestra dignitas et vis adversariorum et Sex. Rosci pericula. vos oro atque obsecro, iudices, ut attente bonaque cum venia verba mea audiatis.

[¶8] 10. Relying on your integrity and wisdom, I have undertaken a greater burden than, I am well aware, I am able to bear. If you, in some degree, lighten this burden, O judges, I will bear it as well as I can with zeal and industry. But if, as I do not expect, I am abandoned by you, still I will not fail in courage, and I will bear what I have undertaken as well as I can. But if I cannot support it, I had rather be overwhelmed by the weight of my duty, than either through treachery betray, or through weakness of mind desert, that which has been once honestly entrusted to me.

> Latin: 10. sapientiaque vestra fretus plus oneris sustuli quam ferre me posse intellego. onus si vos aliqua ex parte adlevabitis, feram ut potero studio et industria, iudices; sin a vobis, id quod non spero, deserar, tamen animo non deficiam et id quod suscepi quoad potero perferam. si perferre non potero, opprimi me onere offici malo quam id quod mihi cum fide semel impositum est aut propter perfidiam abicere aut propter infirmitatem animi deponere.

[¶9] 11. I also, above all things, entreat you, O Marcus Fannius, to show yourself at this present time both to us and to the Roman people the same man that you formerly showed yourself to the Roman people when you before presided at the trial in this same cause. You see how great a crowd of men has come to this trial. You are aware how great is the expectation of men, and how great their desire that the decisions of the courts of law should be severe and impartial. After a long interval, this is the first cause about matters of bloodshed which has been brought into court, though most shameful and important murders have been committed in that interval. All men hope that while you are praetor, these trials concerning manifest crimes, and the daily murders which take place, will be conducted with no less severity than this one.

> Latin: 11. quoque magno opere, M. Marci Fanni, quaeso ut, qualem te iam antea populo Romano praebuisti, cum huic eidem quaestioni iudex praeesses, talem te et nobis et rei publicae hoc tempore impertias. multitudo hominum convenerit ad hoc iudicium vides; quae sit omnium mortalium exspectatio, quae cupiditas ut acria ac severa iudicia fiant intellegis. intervallo iudicium inter sicarios hoc primum committitur, cum interea caedes indignissimae maximaeque factae sunt; omnes hanc quaestionem te praetore manifestis maleficiis cotidianoque sanguine dignissimam sperant futuram.

[¶10] 12. We who are pleading this cause adopt the exclamations which in other trials the accusers are in the habit of using. We entreat of you, O Marcus Fannius, and of you, O judges, to punish crimes with the greatest energy; to resist audacious men with the greatest boldness; to consider that unless you show in this cause what your disposition is, the covetousness and wickedness, and audacity of men will increase to such a pitch that murders will take place not only secretly, but even here in the forum, before your tribunal, O Marcus Fannius; before your feet, O judges, among the very benches of the court.

> Latin: 12. vociferatione in ceteris iudiciis accusatores uti consuerunt, ea nos hoc tempore utimur qui causam dicimus. abs te, M. Marce Fanni, a vobisque, iudices, ut quam acerrime maleficia vindicetis, ut quam fortissime hominibus audacissimis resistatis, ut hoc cogitetis, nisi in hac causa qui vester animus sit ostendetis, eo prorumpere hominum cupiditatem et scelus et audaciam ut non modo clam verum etiam hic in foro ante tribunal tuum, M. Marci Fanni, ante pedes vestros, iudices, inter ipsa subsellia caedes futurae sint.

[¶11] 13. In truth, what else is aimed at by this trial, except that it may be lawful to commit such acts? They are the accusers who have invaded this man's fortunes. He is pleading his cause as defendant, to whom these men have left nothing except misfortune. They are the accusers, to whom it was an advantage that the father of Sextus Roscius should be put to death. He is the defendant, to whom the death of his father has brought not only grief, but also poverty. They are the accusers, who have exceedingly desired to put this man himself to death. He is the defendant who has come even to this very trial with a guard, lest he should be slain here in this very place, before your eyes. Lastly, they are the accusers whom the people demand punishment on, as the guilty parties.

> Latin: 13. quid aliud hoc iudicio temptatur nisi ut id fieri liceat? ei qui in fortunas huius invaserunt, causam dicit is cui praeter calamitatem nihil reliquerunt; accusant ei quibus occidi patrem Sex. Rosci bono fuit, causam dicit is cui non modo luctum mors patris attulit verum etiam egestatem; accusant ei qui hunc ipsum iugulare summe cupierunt, causam dicit is qui etiam ad hoc ipsum iudicium cum praesidio venit ne hic ibidem ante oculos vestros trucidetur; denique accusant ei quos populus poscit, causam dicit is qui unus relictus ex illorum nefaria caede restat.

[¶12] 14. He is the defendant, who remains as the only one left after the impious slaughter committed by them. And that you may be the more easily able to understand, O judges, that what has been done is still more infamous than what we mention, we will explain to you from the beginning how the matter was managed, so that you may the more easily be able to perceive both the misery of this most innocent man, and their audacity, and the calamity of the republic.

> Latin: 14. ut facilius intellegere possitis, iudices, ea quae facta sunt indigniora esse quam haec sunt quae dicimus, ab initio res quem ad modum gesta sit vobis exponemus, quo facilius et huius hominis innocentissimi miserias et illorum audacias cognoscere possitis et rei publicae calamitatem.

[¶13] 15. Sextus Roscius, the father of this man, was a citizen of Ameria, by far the first man not only of his municipality, but also of his neighbourhood, in birth, and nobility and wealth, and also of great influence, from the affection and the ties of hospitality by which he was connected with the most noble men of Rome. For he had not only connections of hospitality with the Metelli, the Servilii, and the Scipios, but he had also actual acquaintance and intimacy with them; families which I name, as it is right I should, only to express my sense of their honour and dignity. And of all his property he has left this alone to his son,—for domestic robbers have possession of his patrimony, which they have seized by force the fame and life of this innocent man is defended by his paternal connections and friends.

> Latin: 15. Sex. Roscius, pater huiusce, municeps Amerinus fuit, cum genere et nobilitate et pecunia non modo sui municipi verum etiam eius vicinitatis facile primus, tum gratia atque hospitiis florens hominum nobilissimorum. cum Metellis, Serviliis, Scipionibus erat ei non modo hospitium verum etiam domesticus usus et consuetudo, quas, ut aequum est, familias honestatis amplitudinisque gratia nomino. ex suis omnibus commodis hoc solum filio reliquit; nam patrimonium domestici praedones vi ereptum possident, fama et vita innocentis ab hospitibus amicisque paternis defenditur.

[¶14] 16. As he had at all times been a favourer of the side of the nobility, so, too, in this last disturbance, when the dignity and safety of all the nobles was in danger, he, beyond all others in that neighbourhood, defended that party and that cause with all his might, and zeal, and influence. He thought it right, in truth, that he should fight in defence of their honour, on account of whom he himself was reckoned most honourable among his fellow-citizens. After the victory was declared, and we had given up arms, when men were being proscribed, and when they who were supposed to be enemies were being taken in every district, he was constantly at Rome, and in the Forum, and was daily in the sight of every one; so that he seemed rather to exult in the victory of the nobility, than to be afraid lest any disaster should result to him from it.

> Latin: 16. cum omni tempore nobilitatis fautor fuisset tum hoc tumultu proximo, cum omnium nobilium dignitas et salus in discrimen veniret, praeter ceteros in ea vicinitate eam partem causamque opera, studio, auctoritate defendit. rectum putabat pro eorum honestate se pugnare propter quos ipse honestissimus inter suos numerabatur. quam victoria constituta est ab armisque recessimus, cum proscriberentur homines atque ex omni regione caperentur ei qui adversarii fuisse putabantur, erat ille Romae frequens atque in foro et in ore omnium cotidie versabatur, magis ut exsultare victoria nobilitatis videretur quam timere ne quid ex ea calamitatis sibi accideret.

[¶15] 17. He had an ancient quarrel with two Roscii of Ameria, one of whom I see sitting in the seats of the accusers, the other I hear is in possession of three of this man's farms; and if he had been as well able to guard against their enmity as he was in the habit of fearing it, he would be alive now. And, O judges, he was not afraid without reason. In these two Roscii, (one of whom is surnamed Capito; the one who is present here is called Magnus,) are men of this sort. One of them is an old and experienced gladiator, who has gained many victories, but this one here has lately betaken himself to him as his tutor: and though, before this contest, he was a mere tyro in knowledge, he easily surpassed his tutor himself in wickedness and audacity.

> Latin: 17. ei veteres inimicitiae cum duobus Rosciis Amerinis, quorum alterum sedere in accusatorum subselliis video, alterum tria huiusce praedia possidere audio; quas inimicitias si tam cavere potuisset quam metuere solebat viveret. enim, iudices, iniuria metuebat. duo isti sunt T. Titi Roscii, quorum alteri Capitoni cognomen est, iste qui adest Magnus vocatur, homines eius modi: alter plurimarum palmarum vetus ac nobilis gladiator habetur, hic autem nuper se ad eum lanistam contulit, quique ante hanc pugnam tiro esset quod sciam, facile ipsum magistrum scelere audaciaque superavit.

[¶16] 18. For when this Sextus Roscius was at Ameria, but that Titus Roscius at Rome; while the former, the son, was diligently attending to the farm, and in obedience to his father's desire had given himself up entirely to his domestic affairs and to a rustic life, but the other man was constantly at Rome, Sextus Roscius, returning home after supper, is slain near the Palatine baths. I hope from this very fact, that it is not obscure on whom the suspicion of the crime falls; but if the whole affair does not itself make plain that which as yet is only to be suspected, I give you leave to say my client is implicated in the guilt.

> Latin: 18. cum hic Sex. Roscius esset Ameriae, T. autem iste Roscius Romae, cum hic filius adsiduus in praediis esset cumque se voluntate patris rei familiari vitaeque rusticae dedisset, ipse autem frequens Romae esset, occiditur ad balneas Pallacinas rediens a cena Sex. Roscius. ex hoc ipso non esse obscurum ad quem suspicio malefici pertineat; verum id quod adhuc est suspiciosum nisi perspicuum res ipsa fecerit, hunc adfinem culpae iudicatote.

[¶17] 19. When Sextus Roscius was slain, the first person who brings the news to Ameria, is a certain Mallius Glaucia, a man of no consideration, a freedman, the client and intimate friend of that Titus Roscius; and he brings the news to the house, not of the son, but of Titus Capito, his enemy, and though he had been slain about the first hour of the night, this messenger arrives at Ameria by the first dawn of day. In ten hours of the night he travelled fifty-six miles in a gig; not only to be the first to bring his enemy the wished-for news, but to show him the blood of his enemy still quite fresh, and the weapon only lately extracted from his body.

> Latin: 19. Sex. Roscio primus Ameriam nuntiat Mallius Glaucia quidam, homo tenuis, libertinus, cliens et familiaris istius T. Titi Rosci, et nuntiat domum non fili sed T. Titi Capitonis inimici; et cum post horam primam noctis occisus esset, primo diluculo nuntius hic Ameriam venit; decem horis nocturnis sex et quinquaginta milia passuum cisiis pervolavit, non modo ut exoptatum inimico nuntium primus adferret sed etiam cruorem inimici quam recentissimum telumque paulo ante e corpore extractum ostenderet.

[¶18] 20. Four days after this happened, news of the deed is brought to Chrysogonus to the camp of Lucius Sulla at Volaterra. The greatness of his fortune is pointed out to him, the excellence of his farms,—for he left behind him thirteen farms, which nearly all border on the Tiber—the poverty and desolate condition of his son is mentioned they point out that, as the father of this, man, Sextus Roscius a man so magnificent and so popular, was slain without any trouble this man, imprudent and unpolished as he was and unknown at Rome, might easily be removed. They promise their assistance for this business; not to detain you longer, O judges, a conspiracy is formed.

> Latin: 20. quo haec gesta sunt res ad Chrysogonum in castra L. Lucii Sullae Volaterras defertur; magnitudo pecuniae demonstratur; bonitas praediorum — nam fundos decem et tris reliquit qui Tiberim fere omnes tangunt — huius inopia et solitudo commemoratur; demonstrant, cum pater huiusce Sex. Roscius, homo tam splendidus et gratiosus, nullo negotio sit occisus, perfacile hunc hominem incautum et rusticum et Romae ignotum de medio tolli posse; ad eam rem operam suam pollicentur.

[¶19] 21. As at this time there was no mention of a proscription, and as even those who had been afraid of it before, were returning and thinking themselves now delivered from their dangers, the name of Sextus Roscius, a man most zealous for the nobility, is proscribed and his goods sold; Chrysogonus is the purchaser; three of his finest farms, are given to Capito for his own, and he possesses them to this day; all the rest of his property that fellow Titus Roscius seizes in the name of Chrysogonus, as he says himself. This property, worth six millions of sesterces, is bought for two thousand. I well know, O judges, that all this was done without the knowledge of Lucius Sulla;

> Latin: 21. diutius teneam, iudices, societas coitur. nulla iam proscriptionis mentio fieret, cum etiam qui antea metuerant redirent ac iam defunctos sese periculis arbitrarentur, nomen refertur in tabulas Sex. Rosci, hominis studiosissimi nobilitatis; manceps fit Chrysogonus; tria praedia vel nobilissima Capitoni propria traduntur, quae hodie possidet; in reliquas omnis fortunas iste T. Titus Roscius nomine Chrysogoni, quem ad modum ipse dicit, impetum facit. omnia, iudices, imprudente L. Lucio Sulla facta esse certo scio.

[¶20] 22. and it is not strange that while he is surveying at the same time both the things which are past, and those which seem to be impending; when he alone has, the authority to establish peace, and the power of carrying on war; when all are looking to him alone, and he alone is directing all things; when he is occupied incessantly by such numerous and such important affairs that he cannot breathe freely, it is not strange, I say, if he fails to notice some things; especially when so many men are watching his, busy condition, and catch their opportunity of doing something of this sort the moment he looks away. To this is added, that although he is fortunate, as indeed he is, yet no man can have such good fortune, as in a vast household to have no one, whether slave or freedman, of worthless character.

> Latin: 22. enim mirum, cum eodem tempore et ea quae praeterita sunt reparet et ea quae videntur instare praeparet, cum et pacis constituendae rationem et belli gerendi potestatem solus habeat, cum omnes in unum spectent, unus omnia gubernet, cum tot tantisque negotiis distentus sit ut respirare libere non possit, si aliquid non animadvertat, cum praesertim tam multi occupationem eius observent tempusque aucupentur ut, simul atque ille despexerit, aliquid huiusce modi moliantur. accedit quod, quamvis ille felix sit, sicut est, tamen in tanta felicitate nemo potest esse in magna familia qui neminem neque servum neque libertum improbum habeat.

[¶21] 23. In the meantime Titus Roscius, excellent man, the agent of Chrysogonus, comes to Ameria; he enters on this man's farm; turns this miserable man, overwhelmed with grief, who had not yet performed all the ceremonies of his father's funeral, naked out of his house, and drives him headlong from his paternal hearth and household gods; he himself becomes the owner of abundant wealth. He who had been in great poverty when he had only his own property, became, as is usual, insolent when in possession of the property of another; he carried many things openly off to his own house; he removed still more privily; he gave no little abundantly and extravagantly to his assistants; the rest he sold at a regular auction.

> Latin: 23. iste T. Roscius, vir optimus, procurator Chrysogoni, Ameriam venit, in praedia huius invadit, hunc miserum, luctu perditum, qui nondum etiam omnia paterno funeri iusta solvisset, nudum eicit domo atque focis patriis disque penatibus praecipitem, iudices, exturbat, ipse amplissimae pecuniae fit dominus. in sua re fuisset egentissimus, erat, ut fit, insolens in aliena; multa palam domum suam auferebat, plura clam de medio removebat, non pauca suis adiutoribus large effuseque donabat, reliqua constituta auctione vendebat.

[¶22] 24. Which appeared to the citizens of Ameria so scandalous, that there was weeping and lamentation over the whole city. In truth, many things calculated to cause grief were brought at once before their eyes; the most cruel death of a most prosperous man, Sextus Roscius, and the most scandalous distress of his son; to whom that infamous robber had not left out of so rich a patrimony even enough for a road to his father's tomb; the flagitious purchase of his property, the flagitious possession of it; thefts, plunders, largesses. There was no one who would not rather have had it all burnt, than see Titus Roscius acting as owner of and glorying in the property of Sextus Roscius, a most virtuous and honourable man.

> Latin: 24. Amerinis usque eo visum est indignum ut urbe tota fletus gemitusque fieret. multa simul ante oculos versabantur, mors hominis florentissimi, Sex. Rosci, crudelissima, fili autem eius egestas indignissima, cui de tanto patrimonio praedo iste nefarius ne iter quidem ad sepulcrum patrium reliquisset, bonorum emptio flagitiosa, possessio, furta, rapinae, donationes. erat qui non ardere omnia mallet quam videre in Sex. Rosci, viri optimi atque honestissimi, bonis iactantem se ac dominantem T. Titum Roscium.

[¶23] 25. Therefore a decree of their senate is, immediately passed, that the ten chief men should go to Lucius Sulla, and explain to him what a man Sextus Roscius had been; should complain of the wickedness and outrages of those fellows, should entreat him to see to the preservation both of the character of the dead man, and of the fortunes of his innocent son, And observe, I entreat you, this decree— [here the decree is read] —The deputies come to the camp. It is now seen, O judges, as I said before, that these crimes and atrocities were committed without the knowledge of Lucius Sulla. For immediately Chrysogonus himself comes to them, and sends some men of noble birth to them too, to beg them not to go to Sulla, and to promise them that Chrysogonus, will do everything which they wish.

> Latin: 25. decurionum decretum statim fit ut decem primi proficiscantur ad L. Lucium Sullam doceantque eum qui vir Sex. Roscius fuerit, conquerantur de istorum scelere et iniuriis, orent ut et illius mortui famam et fili innocentis fortunas conservatas velit. ipsum decretum, quaeso, cognoscite. DECRETVM DECVRIONVM. in castra veniunt., iudices, id quod iam ante dixi, imprudente L. Lucio Sulla scelera haec et flagitia fieri. statim Chrysogonus et ipse ad eos accedit et homines nobilis adlegat qui peterent ne ad Sullam adirent, et omnia Chrysogonum quae vellent esse facturum pollicerentur.

[¶24] 26. But to such a degree was he alarmed, that he would rather have died than have let Sulla be informed of these things. These old-fashioned men, who judged of others by their own nature, when he pledged himself to have the name of Sextus Roscius removed from the lists of proscription, and to give up the farms unoccupied to his son, and when Titus Roscius Capito, who was one of the ten deputies, added his promise that it should be so, believed him; they returned to Ameria without presenting their petition. And at first those fellows began every day to put the matter off and to procrastinate; then they began to be more indifferent; to do nothing and to trifle with them; at last, as was easily perceived, they began to contrive plots against the life of this Sextus Roscius, and to think that they could no longer keep possession of another man's property while the owner was alive.

> Latin: 26. Vsque adeo autem ille pertimuerat ut mori mallet quam de his rebus Sullam doceri. antiqui, qui ex sua natura ceteros fingerent, cum ille confirmaret sese nomen. Rosci de tabulis exempturum, praedia vacua filio traditurum, cumque id ita futurum T. Titus Roscius Capito qui in decem legatis erat appromitteret, crediderunt; Ameriam re inorata reverterunt. primo rem differre cotidie ac procrastinare isti coeperunt, deinde aliquanto lentius nihil agere atque deludere, postremo, id quod facile intellectum est, insidias vitae huiusce Sex. Rosci parare neque sese arbitrari posse diutius alienam pecuniam domino incolumi obtinere.

[¶25] 27. As soon as he perceived this, by the advice of his friends and relations he fled to Rome, and betook himself to Caecilia, the daughter of Nepos, (whom I name to do her honour,) with whom his father had been exceedingly intimate; a woman in whom, O judges, even now, as all men are of opinion, as if it were to serve as a model, traces of the old-fashioned virtue remain. She received into her house Sextus Roscius, helpless, turned and driven out of his home and property, flying from the weapons and threats of robbers, and she assisted her guest now that he was overwhelmed and now that his safety was despaired of by every one. By her virtue and good faith and diligence it has been caused that he now is rather classed as a living man among the accused, than as a dead man among the proscribed.

> Latin: 27. hic simul atque sensit, de amicorum cognatorumque sententia Romam confugit et sese ad Caeciliam, Nepotis sororem, Baliarici filiam, quam honoris causa nomino, contulit, qua pater usus erat plurimum; in qua muliere, iudices, etiam nunc, id quod omnes semper existimaverunt, quasi exempli causa vestigia antiqui offici remanent. Sex. Roscium inopem, eiectum domo atque expulsum ex suis bonis, fugientem latronum tela et minas recepit domum hospitique oppresso iam desperatoque ab omnibus opitulata est. virtute, fide, diligentia factum est ut hic potius vivus in reos quam occisus in proscriptos referretur.

[¶26] 28. For after they perceived that the life of Sextus Roscius was protected with the greatest care, and that there was no possibility of their murdering him, they adopted a counsel full of wickedness and audacity, namely, that of accusing him of parricide; of procuring some veteran accuser to support the charge, who could say something even in a case in which there was no suspicion whatever; and lastly, as they could not have any chance against him by the accusation, to prevail against him on account of the time; for men began to say, that no trial had taken place for such a length of time, that the first man who was brought to trial ought to be condemned; and they thought that he would have no advocates because of the influence of Chrysogonus; that no one would say a word about the sale of the property and about that conspiracy; that because of the mere name of parricide and the atrocity of the crime he would be put out of the way, without any trouble, as he was defended by no one.

> Latin: 28. postquam isti intellexerunt summa diligentia vitam Sex. Rosci custodiri neque sibi ullam caedis faciendae potestatem dari, consilium ceperunt plenum sceleris et audaciae ut nomen huius de parricidio deferrent, ut ad eam rem aliquem accusatorem veterem compararent qui de ea re posset dicere aliquid, in qua re nulla subesset suspicio, denique ut, quoniam crimine non poterant, tempore ipso pugnarent. loqui homines: “quod iudicia tam diu facta non essent, condemnari eum oportere qui primus in iudicium adductus esset; huic autem patronos propter Chrysogoni gratiam defuturos; de bonorum venditione et de ista societate verbum esse facturum neminem; ipso nomine parricidi et atrocitate criminis fore ut hic nullo negotio tolleretur, cum ab nullo defensus esset.”

[¶27] 29. With this plan, and urged on to such a degree by this madness, they have handed the man over to you to be put to death, whom they themselves, when they wished, were unable to murder. What shall I complain of first? or from what point had I best begin, O judges? or what assistance shall I seek, or from whom? Shall I implore at this time the aid of the immortal gods, or that of the Roman people, or of your integrity, you who have the supreme power?

> Latin: 29. consilio atque adeo hac amentia impulsi quem ipsi, cum cuperent, non potuerunt occidere, eum iugulandum vobis tradiderunt. primum querar aut unde potissimum, iudices, ordiar aut quod aut a quibus auxilium petam? deorumne immortalium, populine Romani, vestramne qui summam potestatem habetis hoc tempore fidem implorem?

[¶28] 30. The father infamously murdered; the house besieged; the property taken away, seized and plundered by enemies; the life of the son, hostile to their purposes, attacked over and over again by sword and treachery. What wickedness does there seem to be wanting in these numberless atrocities? And yet they crown and add to them by other nefarious deeds, they invent an incredible accusation; they procure witnesses against him and accusers of him by bribery; they offer the wretched man this alternative, whether he would prefer to expose his neck to Roscius to be assassinated by him, or, being sewn in a sack, to lose his life with the greatest infamy. They thought advocates would be wanting to him; they are wanting. There is not wanting in truth, O judges, one who will speak with freedom, and who will defend him with integrity, which is quite sufficient in this cause, (since I have undertaken it).

> Latin: 30. occisus nefarie, domus obsessa ab inimicis, bona adempta, possessa, direpta, fili vita infesta, saepe ferro atque insidiis appetita. ab his tot maleficiis sceleris abesse videtur? haec aliis nefariis cumulant atque adaugent, crimen incredibile confingunt, testis in hunc et accusatores huiusce pecunia comparant; hanc condicionem misero ferunt ut optet utrum malit cervices T. Tito Roscio dare an insutus in culleum per summum dedecus vitam amittere. huic defuturos putaverunt; desunt; qui libere dicat, qui cum fide defendat, id quod in hac causa satis est non deest profecto, iudices.

[¶29] 31. And perhaps in undertaking this cause I may have acted rashly, in obedience to the impulses of youth; but since I have once undertaken it, although forsooth every sort of terror and every possible danger were to threaten me on all sides, yet I will support and encounter them. I have deliberately resolved not only to say everything which I think is material to the cause, but to say it also willingly, boldly, and freely. Nothing can ever be of such importance in my mind that fear should be able to put a greater constraint on me than a regard to good faith.

> Latin: 31. forsitan in suscipienda causa temere impulsus adulescentia fecerim; quoniam quidem semel suscepi, licet hercules undique omnes minae terrores periculaque impendeant omnia, succurram ac subibo. est deliberatumque quae ad causam pertinere arbitror, omnia non modo dicere verum etiam libenter audacter libereque dicere; nulla res tanta exsistet, iudices, ut possit vim mihi maiorem adhibere metus quam fides.

[¶30] 32. Who, indeed, is of so profligate a disposition, as, when he sees these things, to be able to be silent and to disregard them? You have murdered my father when he had not been proscribed; you have classed him when murdered in the number of proscribed persons; you have driven me by force from my house; you are in possession of my patrimony. What would you more? have you not come even before the bench with sword and arms, that you may either convict Sextus Roscius or murder him in this presence?

> Latin: 32. quis tam dissoluto animo est qui haec cum videat tacere ac neglegere possit? meum, cum proscriptus non esset, iugulastis, occisum in proscriptorum numerum rettulistis, me domo mea per vim expulistis, patrimonium meum possidetis. voltis amplius? etiamne ad subsellia cum ferro atque telis venistis ut hic aut iuguletis aut condemnetis?

[¶31] 33. We lately had a most audacious man in this city, Caius Fimbria, a man, as is well known among all except among those who are mad themselves, utterly insane. He, when at the funeral of Caius Marius, had contrived that Quintus Scaevola, the most venerable and accomplished man in our city, should be wounded;—(a man in whose praise there is neither room to say much here, nor indeed is it possible to say more than the Roman people preserves in its recollection)—he, I say, brought an accusation against Scaevola, when he found that he might possibly live. When the question was asked him, what he was going to accuse that man of, whom no one could praise in a manner sufficiently suitable to his worth, they say that the man, like a madman as he was, answered, for not having received the whole weapon in his body. A more lamentable thing was never seen by the Roman people, unless it were the death of that same man, which was so important that it crushed and broke the hearts of all his fellow-citizens; for endeavouring to save whom by an arrangement, he was destroyed by them.

> Latin: 33. longe audacissimum nuper habuimus in civitate C. Fimbriam et, quod inter omnis constat, nisi inter eos qui ipsi quoque insaniunt insanissimum. cum curasset in funere C. Gaii Mari ut Q. Scaevola volneraretur, vir sanctissimus atque ornatissimus nostrae civitatis, de cuius laude neque hic locus est ut multa dicantur neque plura tamen dici possunt quam populus Romanus memoria retinet, diem Scaevolae dixit, postea quam comperit eum posse vivere. ab eo quaereretur quid tandem accusaturus esset eum quem pro dignitate ne laudare quidem quisquam satis commode posset, aiunt hominem, ut erat furiosus, respondisse: “quod non totum telum corpore recepisset.” populus Romanus nihil vidit indignius nisi eiusdem viri mortem, quae tantum potuit ut omnis occisus perdiderit et adflixerit; quos quia servare per compositionem volebat, ipse ab eis interemptus est.

[¶32] 34. Is not this case very like that speech and action of Fimbria? You are accusing Sextus Roscius. Why so? Because he escaped out of your hands; because he did not allow himself to be murdered. The one action, because it was done against Scaevola, appears scandalous; this one, because it is done by Chrysogonus, is intolerable. For, in the name of the immortal gods, what is there in this cause that requires a defence? What topic is there requiring the ability of an advocate, or even very much needing eloquence of speech? Let us, O judges, unfold the whole case, and when it is set before our eyes, let us consider it; by this means you will easily understand on what the whole case turns, and on what matters I ought to dwell, and what decision you ought to come to.

> Latin: 34. hoc illi dicto atque facto Fimbriano simillimum? Sex. Roscium. ita? de manibus vestris effugit, quia se occidi passus non est., quia in Scaevola factum est, magis indignum videtur, hoc, quia fit a Chrysogono, non est ferendum. per deos immortalis! quid est in hac causa quod defensionis indigeat? qui locus ingenium patroni requirit aut oratoris eloquentiam magno opere desiderat? causam, iudices, explicemus atque ante oculos expositam consideremus; ita facillime quae res totum iudicium contineat et quibus de rebus nos dicere oporteat et quid vos sequi conveniat intellegetis.

[¶33] 35. There are three things, as I think, which are at the present time hindrances to Sextus Roscius:—the charge brought by his adversaries, their audacity, and their power. Erucius has taken on himself the pressing of this false charge as accuser; the Roscii have claimed for themselves that part which is to be executed by audacity; but Chrysogonus, as being the person of the greatest influence, employs his influence in the contest. On all these points I am aware that I must speak.

> Latin: 35. sunt res, quantum ego existimare possum, quae obstent hoc tempore Sex. Roscio, crimen adversariorum et audacia et potentia. confictionem accusator Erucius suscepit, audaciae partis Roscii sibi poposcerunt, Chrysogonus autem, is qui plurimum potest, potentia pugnat. hisce omnibus rebus me dicere oportere intellego. igitur est?

[¶34] 36. What then am I to say? I must not speak in the same manner on them all; because the first topic indeed belongs to my duty, but the two others the Roman people have imposed on you. I must efface the accusations; you ought both to resist the audacity, and at the earliest possible opportunity to extinguish and put down the pernicious and intolerable influence of men of that sort.

> Latin: 36. eodem modo de omnibus, ideo quod prima illa res ad meum officium pertinet, duas autem reliquas vobis populus Romanus imposuit; ego crimen oportet diluam, vos et audaciae resistere et hominum eius modi perniciosam atque intolerandam potentiam primo quoque tempore exstinguere atque opprimere debetis.

[¶35] 37. Sextus Roscius is accused of having murdered his father. O ye immortal gods! a wicked and nefarious action, in which one crime every sort of wickedness appears to be contained. In truth, if, as is well said by wise men, affection is often injured by a look, what sufficiently severe punishment can be devised against him who has inflicted death on his parent, for whom all divine and human laws bound him to be willing to die himself, if occasion required?

> Latin: 37. patrem Sex. Roscius arguitur., di immortales! ac nefarium facinus atque eius modi quo uno maleficio scelera omnia complexa esse videantur! si, id quod praeclare a sapientibus dicitur, voltu saepe laeditur pietas, quod supplicium satis acre reperietur in eum qui mortem obtulerit parenti? pro quo mori ipsum, si res postularet, iura divina atque humana cogebant.

[¶36] 38. In the case of so enormous, so atrocious, so singular a crime, as this one which has been committed so rarely, that, if it is ever heard of, it is accounted like a portent and prodigy—what arguments do you think, O Caius Erucius, you as the accuser ought to use? Ought you not to prove the singular audacity of him who is accused of it? and his savage manners, and brutal nature, and his life devoted to every sort of vice and crime, his whole character, in short, given up to profligacy and abandoned? None of which things have you alleged against Sextus Roscius, not even for the sake of making the imputation.

> Latin: 38. hoc tanto, tam atroci, tam singulari maleficio, quod ita raro exstitit ut, si quando auditum sit, portenti ac prodigi simile numeretur, quibus tandem tu, C. Gaii Eruci, argumentis accusatorem censes uti oportere? nonne et audaciam eius qui in crimen vocetur singularem ostendere et mores feros immanemque naturam et vitam vitiis flagitiisque omnibus deditam, denique omnia ad perniciem profligata atque perdita? tu nihil in Sex. Roscium ne obiciendi quidem causa contulisti.

[¶37] 39. Sextus Roscius has murdered his father. What sort of man is he? is he a young man, corrupted, and led on by worthless men? He is more than forty years old. Is he forsooth an old assassin, a bold man, and one well practised in murder? You have not heard this so much as mentioned by the accuser. To be sure; then, luxury, and the magnitude of his debts, and the ungovernable desires of his disposition, have urged the man to this wickedness? Erucius acquitted him of luxury, when he said that he was scarcely ever present at any banquet. But he never owed anything Further what evil desires could exist in that man who as his accuser himself objected to him has always lived in the country and spent his time in cultivating his land, a mode of life which is utterly removed from covetousness, and inseparably allied to virtue?

> Latin: 39. occidit Sex. Roscius. homo? adulescentulus corruptus et ab hominibus nequam inductus? natus maior quadraginta. videlicet sicarius, homo audax et saepe in caede versatus. hoc ab accusatore ne dici quidem audistis. igitur hominem nimirum et aeris alieni magnitudo et indomitae animi cupiditates ad hoc scelus impulerunt. luxuria purgavit Erucius, cum dixit hunc ne in convivio quidem ullo fere interfuisse. autem umquam debuit. porro quae possunt esse in eo qui, ut ipse accusator obiecit, ruri semper habitarit et in agro colendo vixerit? quae vita maxime disiuncta a cupiditate et cum officio coniuncta est.

[¶38] 40. What was it then which inspired Sextus Roscius with such madness as that? Oh, says he, he did not please his father. He did not please his father? For what reason? for it must have been both a just and an important and a notorious reason. For as this is incredible, that death should be inflicted on a father by a son, without many and most weighty reasons; so this, too, is not probable, that a son should be hated by his father, without many and important and necessary causes.

> Latin: 40. res igitur tantum istum furorem. Roscio obiecit? “” inquit “non placebat.” non placebat? quam ob causam? necesse est enim eam quoque iustam et magnam et perspicuam fuisse. ut illud incredibile est, mortem oblatam esse patri a filio sine plurimis et maximis causis, sic hoc veri simile non est, odio fuisse parenti filium sine causis multis et magnis et necessariis.

[¶39] 41. Let us return again to the same point, and ask what vices existed in this his only son of such importance as to make him incur the displeasure of his father. But it is notorious he had no vices. His father then was mad to bate him whom he had begotten, without any cause. But he was the most reasonable and sensible of men. This, then, is evident, that, if the father was not crazy, nor his son profligate, the father had no cause for displeasure, nor the son for crime.

> Latin: 41. igitur eodem revertamur et quaeramus quae tanta vitia fuerint in unico filio qua re is patri displiceret. perspicuum est nullum fuisse. igitur amens, qui odisset eum sine causa quem procrearat? is quidem fuit omnium constantissimus. illud iam perspicuum profecto est, si neque amens pater neque perditus filius fuerit, neque odi causam patri neque sceleris filio fuisse.

[¶40] 42. I know not, says he, what cause for displeasure there was; but I know that displeasure existed; because formerly, when he had two sons, he chose that other one, who is dead; to be at all times with himself, but sent this other one to his farms in the country. The same thing which happened to Erucius in supporting this wicked and trifling charge, has happened to me in advocating a most righteous cause. He could find no means of supporting this trumped-up charge; I can hardly find out by what arguments I am to invalidate and get rid of such trifling circumstances.

> Latin: 42. “” inquit “quae causa odi fuerit; fuisse odium intellego quia antea, cum duos filios haberet, illum alterum qui mortuus est secum omni tempore volebat esse, hunc in praedia rustica relegarat.” Erucio accidebat in mala nugatoriaque accusatione, idem mihi usu venit in causa optima. quo modo crimen commenticium confirmaret non inveniebat, ego res tam levis qua ratione infirmem ac diluam reperire non possum.

## 2. Sections 43–79

Source: https://scriptura.si/works/cicero-pro-roscio-amerino/2/ · cite a paragraph as https://scriptura.si/works/cicero-pro-roscio-amerino/2/#p-N

[¶0] 43. What do you say, Erucius? Did Sextus Roscius entrust so many farms, and such fine and productive ones to his son to cultivate and manage, for the sake of getting rid of and punishing him? What can this mean? Do not fathers of families who have children, particularly men of that class of municipalities in the country, do they not think it a most desirable thing for them that their sons should attend in a great degree to their domestic affairs, and should devote much of their labour and attention to cultivating their farms?

> Latin: 43. ais, Eruci? tot praedia, tam pulchra, tam fructuosa Sex. Roscius filio suo relegationis ac supplici gratia colenda ac tuenda tradiderat?? hoc patres familiae qui liberos habent, praesertim homines illius ordinis ex municipiis rusticanis, nonne optatissimum sibi putant esse filios suos rei familiari maxime servire et in praediis colendis operae plurimum studique consumere?

[¶1] 44. Did he send him off to those farms that he might remain on the land and merely have life kept in him at this country seat? that he might be deprived of all conveniences? What? if it is proved that he not only managed the cultivation of the farms, but was accustomed himself to have certain of the farms for his own, even during the lifetime of his father? Will his industrious and rural life still be called removal and banishment? You see, O Erucius, how far removed your line of argument is from the fact itself, and from truth. That which fathers usually do, you find fault with as an unprecedented thing; that which is done out of kindness, that you accuse as having been done from dislike; that which a father granted his son as an honour, that you say he did with the object of punishing him.

> Latin: 44. amandarat hunc sic ut esset in agro ac tantum modo aleretur ad villam, ut commodis omnibus careret?? si constat hunc non modo colendis praediis praefuisse sed certis fundis patre vivo frui solitum esse, tamenne haec a te vita eius rusticana relegatio atque amandatio appellabitur?, Eruci, quantum distet argumentatio tua ab re ipsa atque a veritate. consuetudine patres faciunt, id quasi novum reprehendis; quod benivolentia fit, id odio factum criminaris; quod honoris causa pater filio suo concessit, id eum supplici causa fecisse dicis.

[¶2] 45. Not that you are not aware of all this, but you are so wholly without any arguments to bring forward, that you think it necessary to plead not only against us, but even against the very nature of things, and against the customs of men, and the opinion of every one. Oh but, when he had two sons, he never let one be away from him, and he allowed the other to remain in the country. I beg you, O Erucius, to take what I am going to say in good part; for I am going to say it, not for the sake of finding fault, but to warn you.

> Latin: 45. haec tu non intellegis, sed usque eo quid arguas non habes, ut non modo tibi contra nos dicendum putes verum etiam contra rerum naturam contraque consuetudinem hominum contraque opiniones omnium. enim, cum duos filios haberet, alterum a se non dimittebat, alterum ruri esse patiebatur., Eruci, ut hoc in bonam partem accipias; non enim exprobrandi causa sed commonendi gratia dicam.

[¶3] 46. If fortune did not give to you to know the father whose son you are, so that you could understand what was the affection of fathers towards their children; still, at all events, nature has given you no small share of human feeling. To this is added a zeal for learning, so that you are not unversed in literature. Does that old man in Caecilius, (to quote a play,) appear to have less affection for Eutychus, his son, who lives in the country, than for his other one Chaerestratus? for that, I think, is his name; do you think that he keeps one with him in the city do him honour, and sends the other into the country in order to punish him?

> Latin: 46. tibi fortuna non dedit ut patre certo nascerere ex quo intellegere posses qui animus patrius in liberos esset, at natura certe dedit ut humanitatis non parum haberes; eo accessit studium doctrinae ut ne a litteris quidem alienus esses. tandem tibi videtur, ut ad fabulas veniamus, senex ille Caecilianus minoris facere Eutychum, filium rusticum, quam illum alterum, Chaerestratum? — nam, ut opinor, hoc nomine est — alterum in urbe secum honoris causa habere, alterum rus supplici causa relegasse?

[¶4] 47. Why do you have recourse to such trifling? you will say. As if it were a hard matter for me to bring forward ever so many by name, of my own tribe, or my own neighbours, (not to wander too far off,) who wish those sons for whom they have the greatest regard, to be diligent farmers. But it is an odious step to quote known men, when it is uncertain whether they would like their names to be used; and no one is likely to be better known to you than this same Eutychus; and certainly it has nothing to do with the argument, whether I name this youth in a play, or some one of the country about Veii. In truth, I think that these things are invented by poets in order that we may see our manners sketched under the character of strangers, and the image of our daily life represented under the guise of fiction.

> Latin: 47. “ad istas ineptias abis?” inquies. vero mihi difficile sit quamvis multos nominatim proferre, ne longius abeam, vel tribulis vel vicinos meos qui suos liberos quos plurimi faciunt agricolas adsiduos esse cupiunt. homines notos sumere odiosum est, cum et illud incertum sit velintne ei sese nominari, et nemo vobis magis notus futurus sit quam est hic Eutychus, et certe ad rem nihil intersit utrum hunc ego comicum adulescentem an aliquem ex agro Veienti nominem. haec conficta arbitror esse a poetis ut effictos nostros mores in alienis personis expressamque imaginem vitae cotidianae videremus.

[¶5] 48. Come now; turn your thoughts, if you please, to reality, and consider not only in Umbria and that neighbourhood, but in these old municipal towns, what pursuits are most praised by fathers of families. You will at once see that, from want of real grounds of accusation, you have imputed that which is his greatest praise to Sextus Roscius as a fault and a crime. But not only do children do this by the wish of their fathers, but I have myself known many men (and so, unless I am deceived, has every one of you) who are inflamed of their own accord with a fondness for what relates to the cultivation of land, and who think this rural life, which you think ought to be a disgrace to and a charge against a man, the most honourable and the most delightful.

> Latin: 48. nunc, refer animum sis ad veritatem et considera non modo in Umbria atque in ea vicinitate sed in his veteribus municipiis quae studia a patribus familias maxime laudentur; iam profecto te intelleges inopia criminum summam laudem Sex. Roscio vitio et culpae dedisse. non modo hoc patrum voluntate liberi faciunt sed permultos et ego novi et, nisi me fallit animus, unus quisque vestrum qui et ipsi incensi sunt studio quod ad agrum colendum attinet, vitamque hanc rusticam, quam tu probro et crimini putas esse oportere, et honestissimam et suavissimam esse arbitrantur.

[¶6] 49. What do you think of this very Sextus Roscius? How great is his fondness for, and shrewdness in rural affairs! As I hear from his relations, most honourable men, you are not more skillful in this your business of an accuser, than he is in his. But, as I think, since it seems good to Chrysogonus, who has left him no farm, he will be able now to forget this skill of his, and to give up this taste. And although that is a sad and a scandalous thing, yet he will bear it, O judges, with equanimity, if, by your verdict, he can preserve his life and his character; but this is intolerable, if he is both to have this calamity brought upon him on account of the goodness and number of his farms, and if that is especially to be imputed to him as a crime that he cultivated them with great care; so that it is not to be misery enough to have cultivated them for others not for himself, unless it is also to be accounted a crime that he cultivated them at all.

> Latin: 49. censes hunc ipsum Sex. Roscium quo studio et qua intellegentia esse in rusticis rebus? Vt ex his propinquis eius, hominibus honestissimis, audio, non tu in isto artificio accusatorio callidior es quam hic in suo., ut opinor, quoniam ita Chrysogono videtur qui huic nullum praedium reliquit, et artificium obliviscatur et studium deponat licebit. tametsi miserum et indignum est, feret tamen aequo animo, iudices, si per vos vitam et famam potest obtinere; hoc vero est quod ferri non potest, si et in hanc calamitatem venit propter praediorum bonitatem et multitudinem et quod ea studiose coluit, id erit ei maxime fraudi, ut parum miseriae sit quod aliis coluit non sibi, nisi etiam quod omnino coluit crimini fuerit.

[¶7] 50. In truth, O Erucius, you would have been a ridiculous accuser, if you had been born in those times when men were sent for from the plough to be made consuls. Certainly you, who think it a crime to have superintended the cultivation of a farm, would consider that Atilius, whom those who were sent to him found sowing seed with his own hand, a most base and dishonourable man. But, forsooth, our ancestors judged very differently both of him and of all other such men. And therefore from a very small and powerless state they left us one very great and very prosperous. For they diligently cultivated their own lands, they did not graspingly desire those of others; by which conduct they enlarged the republic, and this dominion, and the name of the Roman people, with lands and conquered cities, and subjected nations.

> Latin: 50. tu, Eruci, accusator esses ridiculus, si illis temporibus natus esses cum ab aratro arcessebantur qui consules fierent. qui praeesse agro colendo flagitium putes, profecto illum Atilium quem sua manu spargentem semen qui missi erant convenerunt hominem turpissimum atque inhonestissimum iudicares. hercule maiores nostri longe aliter et de illo et de ceteris talibus viris existimabant itaque ex minima tenuissimaque re publica maximam et florentissimam nobis reliquerunt. enim agros studiose colebant, non alienos cupide appetebant; quibus rebus et agris et urbibus et nationibus rem publicam atque hoc imperium et populi Romani nomen auxerunt.

[¶8] 51. Nor do I bring forward these instances in order to compare them with these matters which we are now investigating; but in order that that may be understood: that, as in the times of our ancestors, the highest and most illustrious men, who ought at all times to have been sitting at the helm of the republic, yet devoted much of their attention and time to the cultivation of their lands; that man ought to be pardoned, who avows himself a rustic, for having lived constantly in the country, especially when be could do nothing which was either more pleasing to his father, or more delightful to himself, or in reality more honourable.

> Latin: 51. ego haec eo profero quo conferenda sint cum hisce de quibus nunc quaerimus, sed ut illud intellegatur, cum apud maiores nostros summi viri clarissimique homines qui omni tempore ad gubernacula rei publicae sedere debebant tamen in agris quoque colendis aliquantum operae temporisque consumpserint, ignosci oportere ei homini qui se fateatur esse rusticum, cum ruri adsiduus semper vixerit, cum praesertim nihil esset quod aut patri gratius aut sibi iucundius aut re vera honestius facere posset.

[¶9] 52. The bitter dislike of the father to the son, then, is proved by this, O Erucius, that he allowed him to remain in the country. Is there anything else? Certainly, says he, there is. For he was thinking of disinheriting him. I hear you. Now you are saying something which may have a bearing on the business, for you will grant, I think, that those other arguments are trifling and childish. He never went to any feasts with his father. Of course not, as he very seldom came to town at all. People very seldom asked him to their houses. No wonder, for a man who did not live in the city, and was not likely to ask them in return.

> Latin: 52. igitur acerrimum patris in filium ex hoc, opinor, ostenditur, Eruci, quod hunc ruri esse patiebatur. est aliud? “vero” inquit “est; nam istum exheredare in animo habebat.”; nunc dicis aliquid quod ad rem pertineat; nam illa, opinor, tu quoque concedis levia esse atque inepta: “cum patre non inibat.”, qui ne in oppidum quidem nisi perraro veniret. “suam istum non fere quisquam vocabat.” mirum, qui neque in urbe viveret neque revocaturus esset.

[¶10] 53. But you are aware that these things too are trifling. Let us consider that which we began with, than which no more certain argument of dislike can possibly be found. The father was thinking of disinheriting his son. I do not ask on what account. I ask how you know it? Although you ought to mention and enumerate all the reasons. And it was the duty of a regular accuser, who was accusing a man of such wickedness, to unfold all the vice and sins of a son had exasperated the father so as to enable him to bring his mind to subdue nature herself—to banish from his mind that affection so deeply implanted in it—to forget in short that he was a father; and all this I do not think could have happened without great errors on the part of the son.

> Latin: 53. haec tu quoque intellegis esse nugatoria; illud quod coepimus videamus, quo certius argumentum odi reperiri nullo modo potest. “pater filium cogitabat.” Mitto quaerere qua de causa; quaero qui scias; tametsi te dicere atque enumerare causas omnis oportebat, et id erat certi accusatoris officium qui tanti sceleris argueret explicare omnia vitia ac peccata fili quibus incensus parens potuerit animum inducere ut naturam ipsam vinceret, ut amorem illum penitus insitum eiceret ex animo, ut denique patrem esse. sese oblivisceretur; quae sine magnis huiusce peccatis accidere potuisse non arbitror.

[¶11] 54. But I give you leave to pass over those things, which, as you are silent, you admit have no existence. At all events you ought to make it evident that he did intend to disinherit him. What then do you allege to make us think that that was the case? You can say nothing with truth. Invent something at least with probability in it; that you may not manifestly be convicted of doing what you are openly doing—insulting the fortunes of this unhappy man, and the dignity of these noble judges. He meant to disinherit his son. On what account? I don't know. Did he disinherit him? No. Who hindered him? He was thinking of it. He was thinking of it? Who did he tell? No one. What is abusing the court of justice, and the laws, and your majesty, O judges, for the purposes of gain and lust, but accusing men in this manner, and bringing imputations against them which you not only are not able to prove, but which you do not even attempt to?

> Latin: 54. concedo tibi ut ea praetereas quae, cum taces, nulla esse concedis; illud quidem, voluisse exheredare, certe tu planum facere debes. ergo adfers qua re id factum putemus? nihil potes dicere; finge aliquid saltem commode ut ne plane videaris id facere quod aperte facis, huius miseri fortunis et horum virorum talium dignitati inludere. filium voluit. ob causam? “.”? “.” prohibuit? “.”? cui dixit? “.” est aliud iudicio ac legibus ac maiestate vestra abuti ad quaestum atque ad libidinem nisi hoc modo accusare atque id obicere quod planum facere non modo non possis verum ne coneris quidem?

[¶12] 55. There is not one of us, O Erucius, who does not know that you have no enmity against Sextus Roscius. All men see on what account you come here as his adversary. They know that you are induced to do so by this man's money. What then? Still you ought to have been desirous of gain with such limitations as to think that the opinion of all these men, and the Remmian law ought to nave some weight.

> Latin: 55. nostrum est, Eruci, quin sciat tibi inimicitias cum Sex. Roscio nullas esse; vident omnes qua de causa huic inimicus venias; sciunt huiusce pecunia te adductum esse ergo est? tamen quaestus te cupidum esse oportebat ut horum existimationem et legem Remmiam putares aliquid valere oportere.

[¶13] 56. It is a useful thing for there to be many accusers in the city, in order that audacity may be kept in check by fear; but it is only useful with this limitation, that we are not to be manifestly mocked by accusers. A man is innocent. But although he is free from guilt he is not free from suspicion. Although it is a lamentable thing, still I can, to some extent, pardon a man who accuses him. For when be has anything which he can say, imputing a crime, or fixing a suspicion, he does not appear knowingly to be openly mocking and calumniating. On which account we all easily allow that there should be as many accusers as possible; because an innocent man, if he be accused, can be acquitted; a guilty man, unless or he be accused cannot be convicted. But it is more desirable that an innocent man should be acquitted, than that a guilty man should not be brought to trial. Food for the geese is contracted for at the public expense, and dogs are maintained in the Capitol, to give notice if thieves come. But they cannot distinguish thieves. Accordingly they give notice if any one comes by night to the Capitol; and because that is a suspicious thing, although they are but beasts, yet they oftenest err on that side which is the more prudent one. But if the dogs barked by day also, when any one came to pay honour to the gods, I imagine their legs would be broken for being active then also, when there was no suspicion. The notion of accusers is very much the same.

> Latin: 56. multos esse in civitate utile est ut metu contineatur audacia; verum tamen hoc ita est utile ut ne plane inludamur ab accusatoribus. est quispiam, verum tamen, quamquam abest a culpa, suspicione tamen non caret; tametsi miserum est, tamen ei qui hunc accuset possim aliquo modo ignoscere. enim aliquid habeat quod possit criminose ac suspiciose dicere, aperte ludificari et calumniari sciens non videatur. re facile omnes patimur esse quam plurimos accusatores, quod innocens, si accusatus sit, absolvi potest, nocens, nisi accusatus fuerit, condemnari non potest; utilius est autem absolvi innocentem quam nocentem causam non dicere. Anseribus cibaria publice locantur et canes aluntur in Capitolio ut significent si fures venerint. fures internoscere non possunt, significant tamen si qui noctu in Capitolium venerint et, quia id est suspiciosum, tametsi bestiae sunt, tamen in eam partem potius peccant quae est cautior. si luce quoque canes latrent cum deos salutatum aliqui venerint, opinor, eis crura suffringantur, quod acres sint etiam tum cum suspicio nulla sit.

[¶14] 57. Some of you are geese, who only cry out, and have no power to hurt, some are dogs who can both bark and bite. We see that food is provided for you; but you ought chiefly to attack those who deserve it. This is most pleasing to the people; then if you will, then you may bark on suspicion when it seems probable that some one has committed a crime. That may be allowed. But if you act in such a way as to accuse a man of having murdered his father, without being able to say why or how; and if you are only barking without any ground for suspicion, no one, indeed, will break your legs; but if I know these judges well, they will so firmly affix to your heads that letter to which you are so hostile that you hate all the Calends too, that you shall hereafter be able to accuse no one but your own fortunes.

> Latin: 57. est accusatorum ratio. Alii vestrum anseres sunt qui tantum modo clamant, nocere non possunt, alii canes qui et latrare et mordere possunt. vobis praeberi videmus; vos autem maxime debetis in eos impetum facere qui merentur. populo gratissimum est., si voletis, etiam tum cum veri simile erit aliquem commisisse, in suspicione latratote; id quoque concedi potest. autem sic agetis ut arguatis aliquem patrem occidisse neque dicere possitis aut qua re aut quo modo, ac tantum modo sine suspicione latrabitis, crura quidem vobis nemo suffringet, sed, si ego hos bene novi, litteram illam cui vos usque eo inimici estis ut etiam Kal. omnis oderitis ita vehementer ad caput adfigent ut postea neminem alium nisi fortunas vestras accusare possitis.

[¶15] 58. What have you given me to defend my client against, my good accuser? And what ground have you given these judges for any suspicion? He was afraid of being disinherited. I hear you. But no one says what ground he had for fear. His father had it in contemplation. Prove it. There is no proof; there is no mention of any one with whom he deliberated about it—whom he told of it; there is no circumstance from which it could occur to your minds to suspect it. When you bring accusations in this manner, O Erucius, do you not plainly say this? “I know what I have received, but I do not know what to say. I have had regard to that alone which Chrysogonus said, that no one would be his advocate; that there was no one who would dare at this time to say a word about the purchase of the property, and about that conspiracy.” This false opinion prompted you to this dishonesty. You would not in truth have said a word if you had thought that any one would answer you.

> Latin: 58. mihi ad defendendum dedisti, bone accusator? quid hisce autem ad suspicandum? “exheredaretur veritus est.”, sed qua de causa vereri debuerit nemo dicit. “pater in animo.” fac. est; non quicum deliberaverit, quem certiorem fecerit, unde istud vobis suspicari in mentem venerit. hoc modo accusas, Eruci, nonne hoc palam dicis: “quid acceperim scio, quid dicam nescio; unum illud spectavi quod Chrysogonus aiebat neminem isti patronum futurum; de bonorum emptione deque ea societate neminem esse qui verbum facere auderet hoc tempore”? te opinio falsa in istam fraudem impulit; non me hercules verbum fecisses, si tibi quemquam responsurum putasses.

[¶16] 59. It were worth while, if you have noticed it, O judges, to consider this man's carelessness in bringing forward his accusations. I imagine, when he saw what men were sitting on those benches, that he inquired whether this man or that man was going to defend him; that he never even dreamt of me, because I have never pleaded any public cause before. After he found that no one was going to defend him of those men who have the ability and are in the habit of so doing, he began to be so careless that, when it suited his fancy he sat down, then he walked about, sometimes he even called his boy, I suppose to give him orders for supper, and utterly overlooked your assembly and all this court as if it had been a complete desert.

> Latin: 59. pretium erat, si animadvertistis, iudices, neglegentiam eius in accusando considerare., cum vidisset qui homines in hisce subselliis sederent, quaesisse num ille aut ille defensurus esset; de me ne suspicatum quidem esse, quod antea causam publicam nullam dixerim. quam invenit neminem eorum qui possunt et solent ita neglegens esse coepit ut, eum in mentem veniret ei, resideret, deinde spatiaretur, non numquam etiam puerum vocaret, credo, cui cenam imperaret, prorsus ut vestro consessu et hoc conventu pro summa solitudine abuteretur. aliquando, adsedit; surrexi ego.

[¶17] 60. At length he summed up. He sat down. I got up. He seemed to breathe again because no one else rose to speak other than I. I began to speak. I noticed, O judges, that he was joking and doing other things, up to the time when I named Chrysogonus; but as soon as I touched him, my man at once raised himself up. He seemed to be astonished. I knew what had pinched him. I named him a second time, and a third. After, men began to run hither arid thither, I suppose to tell Chrysogonus that there was some one who dared to speak contrary to his will, that the cause was going on differently from what he expected, that the purchase of the goods was being ripped up; that the conspiracy was being severely handled; that his influence and power was being disregarded; that the judges were attending diligently; that the matter appeared scandalous to the people.

> Latin: 60. visus est quod non alius potius diceret. dicere. Vsque eo animadverti, iudices, eum iocari atque alias res agere ante quam Chrysogonum nominavi; quem simul atque attigi, statim homo se erexit, mirari visus est. quid cum pepugisset. ac tertio nominavi. homines cursare ultro et citro non destiterunt, credo, qui Chrysogono nuntiarent esse aliquem in civitate qui contra voluntatem eius dicere auderet; aliter causam agi atque ille existimaret, aperiri bonorum emptionem, vexari pessime societatem, gratiam potentiamque eius neglegi, iudices diligenter attendere, populo rem indignam videri.

[¶18] 61. And since you were deceived in all this, O Erucius, and since you see that everything is altered; that the cause on behalf of Sextus Roscius is argued, if not as it should be, at all events with freedom, since you see that be is defended whom you thought was abandoned, that those who you expected would deliver him up to you are judging impartially, give us again, at last, some of your old skill and prudence; confess that you came hither with the hope that there would he a robbery here, not a trial. A trial is held on a charge of parricide, and no reason is alleged by the accuser why the son has slain his father.

> Latin: 61. quoniam te fefellerunt, Eruci, quoniamque vides versa esse omnia, causam pro Sex. Roscio, si non commode, at libere dici, quem dedi putabas defendi intellegis, quos tradituros sperabas vides iudicare, restitue nobis aliquando veterem tuam illam calliditatem atque prudentiam, confitere huc ea spe venisse quod putares hic latrocinium, non iudicium futurum. parricidio causa dicitur; ratio ab accusatore reddita non est quam ob causam patrem filius occiderit.

[¶19] 62. That which, in even the least offences and in the more trifling crimes, which are more frequent and of almost daily occurrence, is asked most earnestly and as the very first question, namely what motive there was for the offence; that Erucius does not think necessary to be asked in a case of parricide. A charge which, O judges, even when many motives appear to concur, and to be connected with one another, is still not rashly believed, nor is such a case allowed to depend on slight conjecture, nor is any uncertain witness listened to, nor is the matter decided by the ability of the accuser. Many crimes previously committed must be proved, and a most profligate life on the part of the prisoner, and singular audacity, and not only audacity, but the most extreme frenzy and madness. When all these things are proved, still there must exist express traces of the crime: where, in what manner, by whose means, and at what time the crime was committed. And unless these proofs are numerous and evident—so wicked, so atrocious, so nefarious a deed cannot be believed.

> Latin: 62. in minimis noxiis et in his levioribus peccatis quae magis crebra et iam prope cotidiana sunt vel maxime et primum quaeritur, quae causa malefici fuerit, id Erucius in parricidio quaeri non putat oportere. quo scelere, iudices, etiam cum multae causae convenisse unum in locum atque inter se congruere videntur, tamen non temere creditur, neque levi coniectura res penditur, neque testis incertus auditur, neque accusatoris ingenio res iudicatur. multa antea commissa maleficia, cum vita hominis perditissima, tum singularis audacia ostendatur necesse est, neque audacia solum sed summus furor atque amentia. cum sint omnia, tamen exstent oportet expressa sceleris vestigia, ubi, qua ratione, per quos, quo tempore maleficium sit admissum. nisi multa et manifesta sunt, profecto res tam scelesta, tam atrox, tam nefaria credi non potest.

[¶20] 63. For the power of human feeling is great; the connection of blood is of mighty power; nature herself cries out against suspicions of this sort; it is a most undeniable portent and prodigy, for any one to exist in human shape, who so far outruns the beasts in savageness, as in a most scandalous manner to deprive those of life by whose means he has himself beheld this most delicious light of life; when birth, and bringing up, and nature herself make even beasts friendly to each other.

> Latin: 63. Magna est enim vis humanitatis; multum valet communio sanguinis; reclamitat istius modi suspicionibus ipsa natura; portentum atque monstrum certissimum est esse aliquem humana specie et figura qui tantum immanitate bestias vicerit ut, propter quos hanc suavissimam lucem aspexerit, eos indignissime luce privarit, cum etiam feras inter sese partus atque educatio et natura ipsa conciliet.

[¶21] 64. Not many years ago they say that Titius Cloelius, a citizen of Terracina, a well-known man, when, having supped, he had retired to rest in the same room with his two youthful sons, was found in the morning with his throat cut: when no servant could be found nor any free man, on whom suspicion of the deed could be fixed, and his two sons of that age lying near him said that they did not even know what had been done; the sons were accused of the parricide. What followed? it was, indeed, a suspicious business; that neither of them were aware of it, and that some one had ventured to introduce himself into that chamber, especially at that time when two young men were in the same place, who might easily have heard the noise and defended him. Moreover, there was no one on whom suspicion of the deed could fall.

> Latin: 64. ita multis ante annis aiunt T. Titum Caelium quendam Terracinensem, hominem non obscurum, cum cenatus cubitum in idem conclave cum duobus adulescentibus filiis isset, inventum esse mane iugulatum. neque servus quisquam reperiretur neque liber ad quem ea suspicio pertineret, id aetatis autem duo filii propter cubantes ne sensisse quidem se dicerent, nomina filiorum de parricidio delata sunt. poterat tam esse suspiciosum? neutrumne sensisse? ausum autem esse quemquam se in id conclave committere eo potissimum tempore cum ibidem essent duo adulescentes filii qui et sentire et defendere facile possent? porro nemo in quem ea suspicio conveniret.

[¶22] 65. Still as it was plain to the judges that they were found sleeping with the door open, the young men were acquitted and released from all suspicion. For no one thought that there was any one who, when he had violated all divine and human laws by a nefarious crime, could immediately go to sleep; because they who have committed such a crime not only cannot rest free from care, but cannot even breathe without fear.

> Latin: 65. , cum planum iudicibus esset factum aperto ostio dormientis eos repertos esse, iudicio absoluti adulescentes et suspicione omni liberati sunt. enim putabat quemquam esse qui, cum omnia divina atque humana iura scelere nefario polluisset, somnum statim capere potuisset, propterea quod qui tantum facinus commiserunt non modo sine cura quiescere sed ne spirare quidem sine metu possunt.

[¶23] 66. Do you not see in the case of those whom the poets have handed down to us, as having, for the sake of avenging their father, inflicted punishment on their mother, especially when they were said to have done so at the command and in obedience to the oracles of the immortal gods, how the furies nevertheless haunt them, and never suffer them to rest, because they could not be pious without wickedness. And this is the truth, O judges. The blood of one's father and mother has great power, great obligation, is a most holy thing, and if any stain of that falls on one, it not only cannot be washed out, but it drips down into the very soul, so that extreme frenzy and madness follow it.

> Latin: 66. quos nobis poetae tradiderunt patris ulciscendi causa supplicium de matre sumpsisse, cum praesertim deorum immortalium iussis atque oraculis id fecisse dicantur, tamen ut eos agitent Furiae neque consistere umquam patiantur, quod ne pii quidem sine scelere esse potuerunt? se res habet, iudices: magnam vim, magnam necessitatem, magnam possidet religionem paternus maternusque sanguis; ex quo si qua macula concepta est, non modo elui non potest verum usque eo permanat ad animum ut summus furor atque amentia consequatur.

[¶24] 67. For do not believe, as you often see it written in fables, that they who have done anything impiously and wickedly are really driven about and frightened by the furies with burning torches. It is his own dishonesty and the terrors of his own conscience that especially harassed each individual; his own wickedness drives each criminal about and affects him with madness; his own evil thoughts, his own evil conscience terrifies him. These are to the wicked their incessant and domestic furies which night and day exact from wicked sons punishment for the crimes committed against their parents.

> Latin: 67. enim putare, quem ad modum in fabulis saepenumero videtis, eos qui aliquid impie scelerateque commiserint agitari et perterreri Furiarum taedis ardentibus. Sua quemque fraus et suus terror maxime vexat, suum quemque scelus agitat amentiaque adficit, suae malae cogitationes conscientiaeque animi terrent; hae sunt impiis adsiduae domesticaeque Furiae quae dies noctesque parentium poenas a consceleratissimis filiis repetant.

[¶25] 68. This enormity of the crime is the cause why, unless a parricide is proved in a manner almost visible, it is not credible, unless a man's youth has been base, unless his life has been stained with every sort of wickedness, unless his extravagance has been prodigal and accompanied with shame and disgrace, unless his audacity has been violent, unless his rashness has been such as to be not far removed from insanity. There must be, besides a hatred of his father, a fear of his father's reproof—worthless friends, slaves privy to the deed, a convenient opportunity, a place fitly selected for the business. I had almost said the judges must see his hands stained with his father's blood, if they are to believe so monstrous, so barbarous, so terrible a crime.

> Latin: 68. magnitudo malefici facit ut, nisi paene manifestum parricidium proferatur, credibile non sit, nisi turpis adulescentia, nisi omnibus flagitiis vita inquinata, nisi sumptus effusi cum probro atque dedecore, nisi prorupta audacia, nisi tanta temeritas ut non procul abhorreat ab insania. huc oportet odium parentis, animadversionis paternae metus, amici improbi, servi conscii, tempus idoneum, locus opportune captus ad eam rem; paene dicam, respersas manus sanguine paterno iudices videant oportet, si tantum facinus, tam immane, tam acerbum credituri sunt.

[¶26] 69. On which account, the less credible it is unless it be proved, the more terribly is it to be punished if it be proved. Therefore, it may be understood by many circumstances that our ancestors surpassed other nations not only in arms, but also in wisdom and prudence; and also most especially by this, that they devise a singular punishment for the impious. And in this matter consider how far they surpassed in prudence those who are said to have been the wisest of all nations.

> Latin: 69. re hoc quo minus est credibile, nisi ostenditur, eo magis est, si convincitur, vindicandum. cum multis ex rebus intellegi potest maiores nostros non modo armis plus quam ceteras nationes verum etiam consilio sapientiaque potuisse, tum ex hac re vel maxime quod in impios singulare supplicium invenerunt. in re quantum prudentia praestiterint eis qui apud ceteros sapientissimi fuisse dicuntur considerate.

[¶27] 70. The state of the Athenians is said to have been the wisest while it enjoyed the supremacy. Moreover of that state they say that Solon was the wisest man, he who made the laws which they use even to this day. When he was asked why he had appointed no punishment for him who killed his father, he answered that he had not supposed that any one would do so. He is said to have done wisely in establishing nothing about a crime which had up to that time never been committed, lest he should seem not so much to forbid it as to put people in mind of it. How much more wisely did our ancestors act! for as they understood that there was nothing so holy that audacity did not sometimes violate it, they devised a singular punishment for parricides in order that they whom nature herself had not been able to retain in their duty, might be kept from crime by the enormity of the punishment. They ordered them to be sown alive in a sack, and in that condition to be thrown into the river.

> Latin: 70. civitas Atheniensium, dum ea rerum potita est, fuisse traditur; eius porro civitatis sapientissimum Solonem dicunt fuisse, eum qui leges quibus hodie quoque utuntur scripserit. cum interrogaretur cur nullum supplicium constituisset in eum qui parentem necasset, respondit se id neminem facturum putasse. fecisse dicitur, cum de eo nihil sanxerit quod antea commissum non erat, ne non tam prohibere quam admonere videretur. nostri maiores sapientius! qui cum intellegerent nihil esse tam sanctum quod non aliquando violaret audacia, supplicium in parricidas singulare excogitaverunt ut, quos natura ipsa retinere in officio non potuisset, ei magnitudine poenae a maleficio summoverentur. voluerunt in culleum vivos atque ita in flumen deici.

[¶28] 71. O singular wisdom, O judges! Do they not seem to have cut this man off and separated him from nature; from whom they took away at once the heaven, the sun, water and earth, so that he who had slain him, from whom he himself was horn, might be deprived of all those things from which everything is said to derive its birth. They would not throw his body to wild beasts, lest we should find the very beasts who had touched such wickedness, more savage; they would not throw them naked into the river, lest when they were carried down into the sea, they should pollute that also, by which all other things which have been polluted are believed to be purified. There is nothing in short so vile or so common that they left them any share in it.

> Latin: 71. O singularem sapientiam, iudices! videntur hunc hominem ex rerum natura sustulisse et eripuisse cui repente caelum, solem, aquam terramque ademerint ut, qui eum necasset unde ipse natus esset, careret eis rebus omnibus ex quibus omnia nata esse dicuntur? feris corpus obicere ne bestiis quoque quae tantum scelus attigissent immanioribus uteremur; non sic nudos in flumen deicere ne, cum delati essent in mare, ipsum polluerent quo cetera quae violata sunt expiari putantur; denique nihil tam vile neque tam volgare est cuius partem ullam reliquerint.

[¶29] 72. Indeed what is so common as breath to the living, earth to the dead, the sea to those who float, the shore to those who are cast up by the sea? These men so live, while they are able to live at all, that they are unable to draw breath from heaven; they so die that earth does not touch their bones; they are tossed about by the waves so that they are never washed; lastly, they are cast up by the sea so, that when dead they do not even rest on the rocks. Do you think, O Erucius, that you can prove to such men as these your charge of so enormous a crime, a crime to which so remarkable a punishment is affixed, if you do not allege any motive for the crime? If you were accusing him before the very purchasers of his property, and if Chrysogonus were presiding at that trial, still you would have come more carefully and with more preparation.

> Latin: 72. quid tam est commune quam spiritus vivis, terra mortuis, mare fluctuantibus, litus eiectis? vivunt, dum possunt, ut ducere animam de caelo non queant, ita moriuntur ut eorum ossa terra non tangat, ita iactantur fluctibus ut numquam adluantur, ita postremo eiciuntur ut ne ad saxa quidem mortui conquiescant. malefici crimen, cui maleficio tam insigne supplicium est constitutum, probare te, Eruci, censes posse talibus viris, si ne causam quidem malefici protuleris? si hunc apud bonorum emptores ipsos accusares eique iudicio Chrysogonus praeesset, tamen diligentius paratiusque venisses.

[¶30] 73. Is it that you do not see what the cause really is, or before whom it is being pleaded? The cause in question is parricide; which cannot be undertaken without many motives; and it is being tried before very wise men, who are aware that no one commits the very slightest crime without any motive whatever. Be it so; you are unable to allege any motive. Although I ought at once to gain my cause, yet I will not insist on this, and I will concede to you in this cause what I would not concede in another, relying on this man's innocence. I do not ask you why Sextus Roscius killed his father; I ask you how he killed him? So I ask of you, O Caius Erucius, how, and I will so deal with you, that I will on this topic give you leave to answer me or to interrupt me, or even, if you wish to at all, to ask me questions.

> Latin: 73. Vtrum quid agatur non vides, an apud quos agatur? de parricidio quod sine multis causis suscipi non potest; apud homines autem prudentissimos agitur qui intellegunt neminem ne minimum quidem maleficium sine causa admittere., causam proferre non potes. statim vicisse debeo, tamen de meo iure decedam et tibi quod in alia causa non concederem in hac concedam fretus huius innocentia. quaero abs te qua re patrem Sex. Roscius occiderit, quaero quo modo occiderit. quaero abs te, C. Gai Eruci: quo modo, et tecum agam ut meo loco vel respondendi vel interpellandi tibi potestatem faciam vel etiam, quid voles, interrogandi.

[¶31] 74. How did he kill him? Did he strike him himself, or did he commit him to others to be murdered? If you say he did it himself, he was not at Rome; if you say he did it by the instrumentality of others, I ask you were they slaves or free men? who were they? Did they come from the same place, from Ameria, or were they assassins of this city? If they came from Ameria, who are they, why are they not named? If they are of Rome, how did Roscius make acquaintance with them? who for many years had not come to Rome, and who never was there more than three days. Where did he meet them? with whom did he speak? how did he persuade them? Did he give them a bribe? to whom did he give it? by whose agency did he give it? whence did he get it, and how much did he giver? Are not these the steps by which one generally arrives at the main fact of guilt? And let it occur to you at the same time how you have painted this man's life; that you have described him as an unpolished and country-mannered man; that he never held conversation with any one, that he had never dwelt in the city.

> Latin: 74. modo occidit? ipse percussit an aliis occidendum dedit? si ipsum arguis, Romae non fuit; si per alios fecisse dicis, quaero quos? an liberos? si liberos, quos homines? indidemne Ameria an hosce ex urbe? si Ameria, qui sunt ei? cur non nominantur? si Roma, unde eos noverat Roscius qui Romam multis annis non venit neque umquam plus triduo fuit? ubi eos convenit? qui conlocutus est? quo modo persuasit? “dedit”; cui dedit? per quem dedit? unde aut quantum dedit? his vestigiis ad caput malefici perveniri solet? simul tibi in mentem veniat facito quem ad modum vitam huiusce depinxeris; hunc hominem ferum atque agrestem fuisse, numquam cum homine quoquam conlocutum esse, numquam in oppido constitisse.

[¶32] 75. And in this I pass over that thing which might be a strong argument for me to prove his innocence, that atrocities of this sort are not usually produced among country manners, in a sober course of life, in an unpolished and rough sort of existence. As you cannot find every sort of crop, nor every tree, in every field, so every sort of crime is not engendered in every sort of life. In a city, luxury is engendered; avarice is inevitably produced by luxury; audacity must spring from avarice, and out of audacity arises every wickedness and every crime. But a country life, which you call a clownish one, is the teacher of economy, of industry, and of justice.

> Latin: 75. in re praetereo illud quod mihi maximo argumento ad huius innocentiam poterat esse, in rusticis moribus, in victu arido, in hac horrida incultaque vita istius modi maleficia gigni non solere. Vt non omnem frugem neque arborem in omni agro reperire possis, sic non omne facinus in omni vita nascitur. urbe luxuries creatur, ex luxuria exsistat avaritia necesse est, ex avaritia erumpat audacia, inde omnia scelera ac maleficia gignuntur; vita autem haec rustica quam tu agrestem vocas parsimoniae, diligentiae, iustitiae magistra est.

[¶33] 76. But I will say no more of this. I ask then by whose instrumentality did this man, who, as you yourself say, never mixed with men, contrive to accomplish this terrible crime with such secrecy, especially while absent? There are many things, O judges, which are false, and which can still be argued so as to cause suspicion. But in this matter, if any grounds for suspicion can be discovered, I will admit that there is guilt. Sextus Roscius is murdered at Rome, while his son is at his farm at Ameria. He sent letters, I suppose, to some assassin, he who knew no one at Rome. He sent for some one—but when? He sent a messenger—whom? or to whom? Did he persuade any one by bribes, by influence, by hope, by promises? None of these things can even be invented against him, and yet a trial for parricide is going on.

> Latin: 76. haec missa facio; illud quaero, is homo qui ut tute dicis, numquam inter homines fuerit, per quos homines hoc tantum facinus, tam occultum, absens praesertim, conficere potuerit. sunt falsa, iudices, quae tamen argui suspiciose possunt; in his rebus si suspicio reperta erit, culpam inesse concedam. Romae Sex. Roscius occiditur, cum in agro Amerino esset filius. Litteras, credo, misit alicui sicario qui Romae noverat neminem. aliquem. aut quando? misit. aut ad quem?, gratia, spe, promissis induxit aliquem. horum ne confingi quidem potest; et tamen causa de parricidio dicitur.

[¶34] 77. The only remaining alternative is that he managed it by means of slaves. Oh ye immortal gods, how miserable and disastrous is our lot. That which under such an accusation is usually a protection to the innocent, to offer his slaves to the question, that it is not allowed to Sextus Roscius to do. You, who accuse him, have all his slaves. There is not one boy to bring him his daily food left to Sextus Roscius out of so large a household. I appeal to you now, Publius Scipio, to you Metellus, while you were acting as his advocates, while you were pleading his cause, did not Sextus Roscius often demand of his adversaries that two of his father's slaves should be put to the question? Do you remember that you, O Titus Roscius, refused it? What? Where are those slaves? They are waiting on Chrysogonus, O judges; they are honoured and valued by him. Even now I demand that they be put to the question; he begs and entreats it.

> Latin: 77. est ut per servos id admiserit. O, di immortales, rem miseram et calamitosam!? tali crimine quod innocenti saluti solet esse ut servos in quaestionem polliceatur, id Sex. Roscio facere non licet? qui hunc accusatis omnis eius servos habetis; unus puer victus cotidiani administer ex tanta familia Sex. Roscio relictus non est. nunc appello, P. Publi Scipio, te, M. Marce Metelle; vobis advocatis, vobis agentibus aliquotiens duos servos paternos in quaestionem ab adversariis Sex. Roscius postulavit; meministisne T. Titum Roscium recusare?? ei servi ubi sunt? Chrysogonum, iudices, sectantur; apud eum sunt in honore et in pretio. nunc ut ex eis quaeratur ego postulo, hic orat atque obsecrat.

[¶35] 78. What are you doing? Why do you refuse? Doubt now, O judges, if you can, by whom Sextus Roscius was murdered; whether by him, who, on account of his death, is exposed to poverty and treachery, who has not even opportunity allowed him of making inquiry into his father's death; or by those who shun investigation, who are in possession of his property, who live amid murder, and by murder. Everything in this cause, O judges, is lamentable and scandalous; but there is nothing which can be mentioned more bitter or more iniquitous than this. The son is not allowed to put his father's slaves to the question concerning his father's death. He is not to be master of his own slaves so long as to put them to the question concerning his father's death. I will come again, and that speedily, to this topic. For all this relates to the Roscii; and I have promised that I will speak of their audacity when I have effaced the accusations of Erucius.

> Latin: 78. facitis? cur recusatis? etiam nunc, iudices, si potestis, a quo sit Sex. Roscius occisus, ab eone qui propter illius mortem in egestate et in insidiis versatur, cui ne quaerendi quidem de morte patris potestas permittitur, an ab eis qui quaestionem fugitant, bona possident, in caede atque ex caede vivunt., iudices, in hac causa sunt misera atque indigna; tamen hoc nihil neque acerbius neque iniquius proferri potest: mortis paternae de servis paternis quaestionem habere filio non licet! tam diu quidem dominus erit in suos dum ex eis de patris morte quaeratur?, neque ita multo postea, ad hunc locum; nam hoc totum ad Roscios pertinet, de quorum audacia tum me dicturum pollicitus sum, cum Eruci crimina diluissem.

[¶36] 79. Now, Erucius, I come to you. You must inevitably agree with me, if he is really implicated in this crime, that he either committed it with his own hand, which you deny, or by means of some other men, either freemen or slaves. Were they freemen? You can neither show that he had any opportunity of meeting them, nor by what means he could persuade them, nor where he saw them, nor by what agency he trafficked with them, nor by what hope, or what bribe he persuaded them. I show, on the other hand, not only that Sextus Roscius did nothing of all this, but that he was not even able to do anything, because he had neither been at Rome for many years, nor did he ever leave his farm without some object. The name of slaves appeared to remain to you, to which, when driven from your other suspicions, you might fly as to a harbour, when you strike upon such a rock that you not only see the accusation rebound back from it, but perceive that every suspicion falls upon you yourselves.

> Latin: 79. , Eruci, ad te venio. mihi tecum necesse est, si ad hunc maleficium istud pertinet, aut ipsum sua manu fecisse, id quod negas, aut per aliquos liberos aut servos.? quos neque ut convenire potuerit neque qua ratione inducere neque ubi neque per quos neque qua spe aut quo pretio potes ostendere. contra ostendo non modo nihil eorum fecisse Sex. Roscium sed ne potuisse quidem facere, quod neque Romae multis annis fuerit neque de praediis umquam temere discesserit. tibi videbatur servorum nomen, quo quasi in portum reiectus a ceteris suspicionibus confugere posses; ubi scopulum offendis modi ut non modo ab hoc crimen resilire videas verum omnem suspicionem in vosmet ipsos recidere intellegas.

## 3. Sections 80–118

Source: https://scriptura.si/works/cicero-pro-roscio-amerino/3/ · cite a paragraph as https://scriptura.si/works/cicero-pro-roscio-amerino/3/#p-N

[¶0] 80. What is it, then? Whither has the accuser betaken himself in his dearth of arguments? The time, says he, was such that men were constantly being killed with impunity; so that you, from the great number of assassins, could effect this without any trouble. Meantime you seem to me, O Erucius, to be wishing to obtain two articles for one payment; to blacken our characters in this trial, and to accuse those very men from whom you have received payment. What do you say? Men were constantly being killed? By whose agency? and by whom? Do you not perceive that you have been brought here by brokers? What next? Are we ignorant that in these times the same men were brokers of men's lives as well as of their possessions?

> Latin: 80. ergo est quo tamen accusator inopia argumentorum confugerit? “modi tempus erat” inquit “ut homines volgo impune occiderentur; qua re hoc tu propter multitudinem sicariorum nullo negotio facere potuisti.” mihi videris, Eruci, una mercede duas res adsequi velle, nos iudicio perfundere, accusare autem eos ipsos a quibus mercedem accepisti. ais? volgo occidebantur? quos et a quibus? cogitas te a sectoribus huc adductum esse? postea? per ista tempora eosdem fere sectores fuisse collorum et bonorum?

[¶1] 81. Shall those men then, who at that time used to run about armed night and day, who spent all their time in rapine and murder, object to Sextus Roscius the bitterness and iniquity of that time? and will they think that troops of assassins, among whom they themselves were leaders and chiefs, can be made a ground of accusation against him? who not only was not at Rome, but who was utterly ignorant of everything that was being done at Rome, because he was continually in the country, as you yourself admit.

> Latin: 81. denique qui tum armati dies noctesque concursabant, qui Romae erant adsidui, qui omni tempore in praeda et in sanguine versabantur,. Roscio temporis illius acerbitatem iniquitatemque obicient et illam sicariorum multitudinem in qua ipsi duces ac principes erant huic crimini putabunt fore? qui non modo Romae non fuit sed omnino quid Romae ageretur nescivit, propterea quod ruri adsiduus, quem ad modum tute confiteris, fuit.

[¶2] 82. I fear that I may be wearisome to you, O judges, or that I may seem to distrust your capacity, if I dwell longer on matters which are so evident. The whole accusation of Erucius, as I think, is at an end; unless perhaps you expect me to refute the charges which he has brought against us of peculation and of other imaginary crimes of that sort; charges unheard of by us before this time, and quite novel; which he appeared to me to be spouting out of some other speech which he was composing against some other criminal; so wholly were they unconnected with either the crime of parricide, or the man who is now on his trial. But as he accuses us of these things with his bare word, it is sufficient to deny them with our bare word. If there is any point which he is keeping back to prove by witnesses, there also, as in this cause, he shall find us more ready than he expected.

> Latin: 82. ne aut molestus sim vobis, iudices, aut ne ingeniis vestris videar diffidere, si de tam perspicuis rebus diutius disseram. Eruci criminatio tota, ut arbitror, dissoluta est; nisi forte exspectatis ut illa diluam quae de peculatu ac de eius modi rebus commenticiis inaudita nobis ante hoc tempus ac nova obiecit; quae mihi iste visus est ex alia oratione declamare quam in alium reum commentaretur; ita neque ad crimen parricidi neque ad eum qui causam dicit pertinebant; de quibus quoniam verbo arguit, verbo satis est negare. quid est quod ad testis reservet, ibi quoque nos, ut in ipsa causa, paratiores reperiet quam putabat.

[¶3] 83. I come now to that point to which my desire does not lead me, but good faith towards my client. For if I wished to accuse men, I should accuse those men rather by accusing whom I might become more important, which I have determined not to do, as long as the alternatives of accusing and defending are both open to me. For that man appears to me the most honourable who arrives at a higher rank by his own virtue, not he who rises by the distress and misfortunes of another. Let us cease for awhile to examine into these matters which are unimportant; let us inquire where the guilt is, and where it can be detected. By this time you will understand, O Erucius, by how many suspicious circumstances a real crime must be proved, although I shall not mention every thing, and shall touch on every thing slightly. And I would not do even that if it were not necessary, and it shall be a sign that I am doing it against my will, that I will not pursue the point further than the safety of Roscius and my own good faith requires.

> Latin: 83. nunc eo quo me non cupiditas ducit sed fides. si mihi liberet accusare, accusarem alios potius ex quibus possem crescere; quod certum est non facere, dum utrumvis licebit. enim mihi videtur amplissimus qui sua virtute in altiorem locum pervenit, non qui ascendit per alterius incommodum et calamitatem. aliquando ea scrutari quae sunt inania; quaeramus ibi maleficium ubi et est et inveniri potest; iam intelleges, Eruci, certum crimen quam multis suspicionibus coarguatur, tametsi neque omnia dicam et leviter unum quidque tangam. enim id facerem, nisi necesse esset, et id erit signi me invitum facere, quod non persequar longius quam salus huius et mea fides postulabit.

[¶4] 84. You found no motive in Sextus Roscius; but I do find one in Titus Roscius For I have to do with you now, O Titus Roscius, since you are sitting there and openly professing yourself an enemy. We shall see about Capito afterwards, if he comes forward as a witness as I hear he is ready to do then he shall hear of other victories of his, which he does not suspect that I ever even heard. That Lucius Cassius, whom the Roman people used to consider a most impartial and able judge, used constantly to ask at trials, “to whom it had been any advantage?” The life of men is so directed that no one attempts to proceed to crime without some hope of advantage.

> Latin: 84. tu nullam reperiebas in Sex. Roscio; at ego in T. Roscio reperio. enim mihi res est, T. Titi Rosci, quoniam istic sedes ac te palam adversarium esse profiteris. Capitone post viderimus, si, quem ad modum paratum esse audio, testis prodierit; tum alias quoque suas palmas cognoscet de quibus me ne audisse quidem suspicatur. L. Lucius Cassius ille quem populus Romanus verissimum et sapientissimum iudicem putabat identidem in causis quaerere solebat “cui bono” fuisset. vita hominum est ut ad maleficium nemo conetur sine spe atque emolumento accedere.

[¶5] 85. Those who were about to be tried avoided and dreaded him as an investigator and a judge; because, although he was afraid of truth, he yet seemed not so much inclined by nature to mercy, as drawn by circumstances to severity. I, although a man is presiding at this trial who is both brave against audacity, and very merciful to innocence, would yet willingly suffer myself to speak in behalf of Sextus Roscius either before that very acute judge himself, or before other judges like him, whose very name those who have to stand a trial shudder at even now.

> Latin: 85. quaesitorem ac iudicem fugiebant atque horrebant ei quibus periculum creabatur ideo quod, tametsi veritatis erat amicus, tamen natura non tam propensus ad misericordiam quam applicatus ad severitatem videbatur., quamquam praeest huic quaestioni vir et contra audaciam fortissimus et ab innocentia clementissimus, tamen facile me paterer vel illo ipso acerrimo iudice quaerente vel apud Cassianos iudices, quorum etiam nunc ei quibus causa dicenda est nomen ipsum reformidant, pro Sex. Roscio dicere.

[¶6] 86. For when those judges saw in this cause that those men are in possession of abundant wealth, and that he is in the greatest beggary, they would not ask who had got advantage from the deed, but they would connect the manifest crime and suspicion of guilt rather with the plunder than with the poverty. What if this be added to that consideration that you were previously poor? what if it be added that you are avaricious? what if it be added that you are audacious? what if it be added that you were the greatest enemy of the man who has been murdered? need any further motive be sought for, which may have impelled you to such a crime? But which of all these particulars can be denied?

> Latin: 86. hac enim causa cum viderent illos amplissimam pecuniam possidere, hunc in summa mendicitate esse, illud quidem non quaererent, cui bono fuisset, sed eo perspicuo crimen et suspicionem potius ad praedam adiungerent quam ad egestatem. si accedit eodem ut tenuis antea fueris? quid si ut avarus? quid si ut audax? quid si ut illius qui occisus est inimicissimus? num quaerenda causa quae te ad tantum facinus adduxerit? ergo horum negari potest? hominis eius modi est ut dissimulari non queat atque eo magis eluceat quo magis occultatur.

[¶7] 87. The poverty of the man is such that it cannot be concealed, and it is only the more conspicuous the more it is kept out of sight. Your avarice you make a parade of when you form an alliance with an utter stranger against the fortunes of a fellow-citizen and a relation. How audacious you are (to pass over other points), all men may understand from this, that out of the whole troop, that is to say, out of so many assassins, you alone were found to sit with the accusers, and not only to show them your countenance, but even to volunteer it. You must admit that you had enmity against Sextus Roscius, and great disputes about family affairs.

> Latin: 87. praefers qui societatem coieris de municipis cognatique fortunis cum alienissimo. sis audax, ut alia obliviscar, hinc omnes intellegere potuerunt quod ex tota societate, hoc est ex tot sicariis, solus tu inventus es qui cum accusatoribus sederes atque os tuum non modo ostenderes sed etiam offerres. tibi fuisse cum Sex. Roscio et magnas rei familiaris controversias concedas necesse est.

[¶8] 88. It remains, O judges, that we must now consider which of the two rather killed Sextus Roscius; did he to whom riches accrued by his death, or did he to whom beggary was the result? Did he who, before that, was poor, or he, who after that became most indigent? Did he, who burning with avarice rushes in like an enemy against his own relations, or he who has always lived in such a manner as to have no acquaintance with exorbitant gains, or with any profit beyond that which he procured with toil? Did he who, of all the brokers is the most audacious, or he who, because of the insolence of the forum and of the public courts, dreads not only the bench, but even the city itself? Lastly, O judges, what is most material of all to the argument in my opinion did his enemy do it or his son?

> Latin: 88. , iudices, ut hoc dubitemus, uter potius Sex. Roscium occiderit, is ad quem morte eius divitiae venerint, an is ad quem mendicitas, is qui antea tenuis fuerit, an is qui postea factus sit egentissimus, is qui ardens avaritia feratur infestus in suos, an is qui semper ita vixerit ut quaestum nosset nullum, fructum autem eum solum quem labore peperisset, is qui omnium sectorum audacissimus sit, an is qui propter fori iudiciorumque insolentiam non modo subsellia verum etiam urbem ipsam reformidet, postremo, iudices, id quod ad rem mea sententia maxime pertinet, utrum inimicus potius an filius.

[¶9] 89. If you, O Erucius, had so many and such strong arguments against a criminal, how long you would speak; how you would plume yourself,—time indeed would fail you before words did. In truth, on each of these topics the materials are such that you might spend a whole day on each. And I could do the same; for I will not derogate so much from my own claims, though I arrogate nothing, as to believe that you can speak with more fluency than I can. But I, perhaps, owing to the number of advocates, may be classed in the common body; the battle of Cannae has made you a sufficiently respectable accuser. We have seen many men slain, not at Thrasymenus, but at Servilius.

> Latin: 89. tu, Eruci, tot et tanta si nanctus esses in reo, quam diu diceres! quo te modo iactares! tempus hercule te citius quam oratio deficeret. in singulis rebus eius modi materies est ut dies singulos possis consumere. ego non possum; non enim tantum mihi derogo, tametsi nihil adrogo, ut te copiosius quam me putem posse dicere. ego forsitan propter multitudinem patronorum in grege adnumerer, te pugna Cannensis accusatorem sat bonum fecit. caesos non ad Trasumennum lacum, sed ad Servilium vidimus.

[¶10] 90. “Who was not wounded there with Phrygian steel?”
I need not enumerate all,—the Curtii, the Marii, the Mamerci, whom age now exempted from battles; and, lastly, the aged Priam himself, Antistius, whom not only his age, but even the laws excused from going to battle. There are now six hundred men, whom nobody even mentions by name because of their meanness, who are accusers of men on charges of murdering and poisoning; all of whom, as far as I am concerned, I hope may find a livelihood. For there is no harm in there being as many dogs as possible, where there are many men to be watched, and many things to be guarded.

> Latin: 90. ibi non est volneratus ferro Phrygio? necesse est omnis commemorare Curtios, Marios, denique Memmios quos iam aetas a proeliis avocabat, postremo Priamum ipsum senem, Antistium quem non modo aetas sed etiam leges pugnare prohibebant. quos nemo propter ignobilitatem nominat, sescenti sunt qui inter sicarios et de veneficiis accusabant; qui omnes, quod ad me attinet, vellem viverent. enim mali est canes ibi quam plurimos esse ubi permulti observandi multaque servanda sunt.

[¶11] 91. But, as is often the case, the violence and tumultuous nature of war brings many things to pass without the knowledge of the generals. While he who was administering the main government was occupied in other matters, there were men who in the meantime were curing their own wounds; who rushed about in the darkness and threw everything into confusion as if eternal night had enveloped the whole Republic. And by such men as these I wonder that the courts of justice were not burnt, that there might be no trace left of any judicial proceedings; for they did destroy both judges and accusers. There is this advantage, that they lived in such a manner that even if they wished it, they could not put to death all the witnesses; for as long as the race of men exists, there will not be wanting men to accuse them: as long as the state lasts, trials will take place. But as I began to say, both Erucius, if he had these arguments to use which I have mentioned, in any cause Of his, would be able to speak on them as long as he pleased, and I can do the same. But I choose, as I said before, to pass by them lightly, and only just to touch on each particular, so that all men may perceive that I am not accusing men of my own inclination, but only defending my own client from a sense of duty.

> Latin: 91. , ut fit, multa saepe imprudentibus imperatoribus vis belli ac turba molitur. is in aliis rebus erat occupatus qui summam rerum administrabat, erant interea qui suis volneribus mederentur; qui, tamquam si offusa rei publicae sempiterna nox esset, ita ruebant in tenebris omniaque miscebant; a quibus miror ne quod iudiciorum esset vestigium non subsellia quoque esse combusta; nam et accusatores et iudices sustulerunt. commodi est quod ita vixerunt ut testis omnis, si cuperent, interficere non possent; nam, dum hominum genus erit, qui accuset eos non deerit; dum civitas erit, iudicia fient., ut coepi dicere, et Erucius, haec si haberet in causa quae commemoravi, posset ea quamvis diu dicere, et ego, iudices, possum; sed in animo est, quem ad modum ante dixi, leviter transire ac tantum modo perstringere unam quamque rem, ut omnes intellegant me non studio accusare sed officio defendere.

[¶12] 92. I see therefore that there were many causes which urged that man to this crime. Let us now see whether he had any opportunity of committing it. Where was Sextus Roscius slain?—at Rome. What of you, O Roscius? Where were you at that time?—at Rome. But what is that to the purpose? many other men were there too. As if the point now were, who of so vast a crowd slew him, and as if this were not rather the question, whether it is more probable that he who was slain at Rome was slain by that man who was constantly at Rome at that time, or by him who for many years had never come to Rome at all?

> Latin: 92. igitur causas esse permultas quae istum impellerent; videamus nunc ecquae facultas suscipiendi malefici fuerit. Vbi occisus est Sex. Roscius? — Romae. —? tu, T. Titi Rosci, ubi tunc eras? — Romae. quid ad rem? et alii multi. — nunc id agatur quis ex tanta multitudine occiderit, ac non hoc quaeratur, eum qui Romae sit occisus utrum veri similius sit ab eo esse occisum qui adsiduus eo tempore Romae fuerit, an ab eo qui multis annis Romam omnino non accesserit.

[¶13] 93. Come, let us consider now the other circumstances which might make it easy for him. There was at that time a multitude of assassins, as Erucius has stated, and men were being killed with impunity. What!—what was that multitude? A multitude, I imagine, either of those who were occupied in getting possession of men's property, or of those who were hired by them to murder some one. If you think it was composed of those who coveted other men's property, you are one of that number,—you who are enriched by our wealth; if of those whom they who call them by the lightest name call slayers, inquire to whom they are bound, and whose dependents they are, believe me you will find it is some one of your own confederacy, whatever you say to the contrary, compare it with our defence, and by this means the cause of Sextus Roscius will be most easily contrasted with yours.

> Latin: 93. nunc ceteras quoque facultates consideremus. tum multitudo sicariorum, id quod commemoravit Erucius, et homines impune occidebantur.? ea multitudo quae erat?, aut eorum qui in bonis erant occupati, aut eorum qui ab eis conducebantur ut aliquem occiderent. eos putas qui alienum appetebant, tu es in eo numero qui nostra pecunia dives es; sin eos quos qui leviore nomine appellant percussores vocant, quaere in cuius fide sint et clientela; mihi crede, aliquem de societate tua reperies; et, quicquid tu contra dixeris, id cum defensione nostra contendito; ita facillime causa Sex. Rosci cum tua conferetur.

[¶14] 94. You will say, “what follows if I was constantly at Rome?” I shall answer, “But I was never there at all.” “I confess that I am a broker, but so are many other men also.” “But I, as you yourself accuse me of being, am a countryman and a rustic.” “It does not follow at once, because I have been present with a troop of assassins, that I am an assassin myself.” “But at all events I, who never had even the acquaintance of assassins, am far removed from such a crime.” There are many things which may be mentioned, by which it may be understood that you had the greatest facilities for committing this crime, which I pass over, not only because I do not desire to accuse, but still more on this account,—because if I were to wish to enumerate all the murders which were then committed on the same account as that on which Sextus Roscius was slain, I fear lest my speech would seem to refer to others also.

> Latin: 94. : “postea, si Romae adsiduus fui?”: “ego omnino non fui.” — me sectorem esse, verum et alii multi. — ego, ut tute arguis, agricola et rusticus. — continuo, si me in gregem sicariorum contuli, sum sicarius. — ego profecto qui ne novi quidem quemquam sicarium longe absum ab eius modi crimine. sunt quae dici possunt qua re intellegatur summam tibi facultatem fuisse malefici suscipiendi; quae non modo idcirco praetereo quod te ipsum non libenter accuso verum eo magis etiam quod, si de illis caedibus velim commemorare quae tum factae sunt ista eadem ratione qua Sex. Roscius occisus est, vereor ne ad pluris oratio mea pertinere videatur.

[¶15] 95. Let us examine now briefly, as we have done in the other particulars, what was done by you, O Titus Roscius, after the death of Sextus Roscius; and these things are so open and notorious, that by the gods, O judges, I am unwilling to mention them. For whatever your conduct may be, O Titus Roscius, I am afraid of appearing to be so eager to save my client, as to be quite regardless whether I spare you or not. And as I am afraid of this, and as I wish to spare you in some degree, as far as I can, saving my duty to my client, I will again change my purpose. For the thoughts on your countenance present here occur to my mind, that you when all the rest of your companions were flying and hiding themselves in order that this trial might appear to be not concerning their plunder, not concerning this man's crime, should select this part above all others for yourself, to appear at the trial and sit with the accuser, by which action you gain nothing beyond causing your impudence and audacity to be known to all mortals.

> Latin: 95. nunc strictim, sicut cetera, quae post mortem Sex. Rosci abs te, T. Tite Rosci, facta sunt; quae ita aperta et manifesta sunt ut medius fidius, iudices, invitus ea dicam. enim, cuicuimodi es, T. Tite Rosci, ne ita hunc videar voluisse servare ut tibi omnino non pepercerim. hoc vereor et cupio tibi aliqua ex parte quod salva fide possim parcere, rursus immuto voluntatem meam; venit enim mihi in mentem oris tui. Tene, cum ceteri socii tui fugerent ac se occultarent, ut hoc iudicium non de illorum praeda sed de huius maleficio fieri videretur, potissimum tibi partis istas depoposcisse ut in iudicio versarere et sederes cum accusatore? in re nihil aliud adsequeris nisi ut ab omnibus mortalibus audacia tua cognoscatur et impudentia.

[¶16] 96. After Sextus Roscius is slain, who is the first to take the news to Ameria? Mallius Glaneia, whom I have named before, your own client and intimate friend. What did it concern him above all men to bring the news of what, if you had not previously formed some plan with reference to his death and property, and had formed no conspiracy with any one else, having either the crime or its reward for its object, concerned you least of all men? Oh, Mallius brought the news of his own accord! What did it concern him, I beg? or, as he did not come to Ameria on account of this business, did it happen by chance that he was the first to tell the news which he had heard at Rome? On what account did he come to Ameria? I cannot conjecture, says he. I will bring the matter to such a point that there shall be no need of conjecture. On what account did he announce it first to Roscius Capito? When the house, and wife, and children of Sextus Roscius were at Ameria; when he had so many kinsmen and relations on the best possible terms with himself, on what account did it happen that that client of yours, the reporter of your wickedness, did it to Titus Roscius Capito above all men?

> Latin: 96. . Roscio quis primus Ameriam nuntiat? Mallius Glaucia, quem iam antea nominavi, tuus cliens et familiaris. attinuit eum potissimum nuntiare quod, si nullum iam ante consilium de morte ac de bonis eius inieras nullamque societatem neque sceleris neque praemi cum homine ullo coieras, ad te minime omnium pertinebat? — Sua sponte Mallius nuntiat. —, quaeso, eius intererat?, cum Ameriam non huiusce rei causa venisset, casu accidit ut id quod Romae audierat primus nuntiaret? rei causa venerat Ameriam? “possum” inquit “divinare.” rem iam adducam ut nihil divinatione opus sit. ratione T. Tito Roscio Capitoni primo nuntiavit? Ameriae Sex. Rosci domus uxor liberique essent, cum tot propinqui cognatique optime convenientes, qua ratione factum est ut iste tuus cliens, sceleris tui nuntius, T. Tito Roscio Capitoni potissimum nuntiaret?

[¶17] 97. He was slain returning home from supper. It was not yet dawn when it was known at Ameria. Why was this incredible speed? What does this extraordinary haste and expedition intimate? I do not ask who struck the blow; you have nothing to fear, O Glaucia. I do not shake you to see if you have any weapon about you. I am not examining that point; I do not think I am at all concerned with that. Since I have found out by whose design he was murdered, by whose hand he was murdered I do not care. I assume one point, which your open wickedness and the evident state of the case gives me. Where, or from whom, did Glaucia hear of it? Who knew it so immediately? Suppose he did hear of it immediately; what was the affair which compelled to take so long a journey in one night? What was the great necessity which pressed upon him, so as to make him, if he was going to Ameria of his own accord, set out from Rome at that time of night, and devote no part of the night to sleep?

> Latin: 97. est a cena rediens; nondum lucebat cum Ameriae scitum est. hic incredibilis cursus, quid haec tanta celeritas festinatioque significat? quaero quis percusserit; nihil est, Glaucia, quod metuas; non excutio te, si quid forte ferri habuisti, non scrutor; nihil ad me arbitror pertinere; quoniam cuius consilio occisus sit invenio, cuius manu sit percussus non laboro. Vnum hoc sumo quod mihi apertum tuum scelus resque manifesta dat: Vbi aut unde audivit Glaucia? qui tam cito scivit? audisse statim; quae res eum nocte una tantum itineris contendere coegit? quae necessitas eum tanta premebat ut, si sua sponte iter Ameriam faceret, id temporis Roma proficisceretur, nullam partem noctis requiesceret?

[¶18] 98. In a case so evident as this must we seek for arguments, or hunt for conjectures? Do you not seem, O judges, actually to behold with your own eyes what you have been hearing? Do you not see that unhappy man, ignorant of his fate, returning from supper? Do you not see the ambush that is laid? the sudden attack? Is not Glaucia before your eyes, present at the murder? Is not that Titus Roscius present? Is he not with his own hands placing that Automedon in the chariot, the messenger of his most horrible wickedness and nefarious victory? Is he not entreating him to keep awake that night? to labour for his honour? to take the news to Capito as speedily as possible?

> Latin: 98. in tam perspicuis rebus argumentatio quaerenda aut coniectura capienda est? vobis haec quae audistis cernere oculis videmini, iudices? non illum miserum, ignarum casus sui, redeuntem a cena videtis, non positas insidias, non impetum repentinum? non versatur ante oculos vobis in caede Glaucia? non adest iste T. Titus Roscius? non suis manibus in curru conlocat Automedontem illum, sui sceleris acerbissimi nefariaeque victoriae nuntium? non orat ut eam noctem pervigilet, ut honoris sui causa laboret, ut Capitoni quam primum nuntiet?

[¶19] 99. Why was it that be wished Capito to be the first to know it? I do not know, only I see this, that Capito is a partner in this property. I see that, of thirteen farms, he is in possession of three of the finest.

> Latin: 99. erat quod Capitonem primum scire vellet?, nisi hoc video, Capitonem in his bonis esse socium; de tribus et decem fundis tris nobilissimos fundos eum video possidere.

[¶20] 100. I hear besides, that this suspicion is not fixed upon Capito for the first time now; that he has gained many infamous victories; but that this is the first very splendid one which he has gained at Rome; that there is no manner of committing murder in which he has not murdered many men; many by the sword, many by poison. I can even tell you of one man whom, contrary to the custom of our ancestors, he threw from the bridge into the Tiber, when he was not sixty years of age; and if he comes forward, or when he comes forward, for I know that he will come forward, he shall hear of him.

> Latin: 100. praeterea non hanc suspicionem nunc primum in Capitonem conferri; multas esse infamis eius palmas, hanc primam esse tamen lemniscatam quae Roma ei deferatur; nullum modum esse hominis occidendi quo ille non aliquot occiderit, multos ferro, multos veneno. etiam dicere quem contra morem maiorum minorem annis lx de ponte in Tiberim deiecerit., si prodierit atque adeo cum prodierit — scio enim proditurum esse — audiet. modo, explicet suum volumen illud quod ei planum facere possum Erucium conscripsisse;

[¶21] 101. Only let him come; let him unfold that volume of his which I can prove that Erucius wrote for him, which they say that he displayed to Sextus Roscius, and threatened that he would mention everything contained in it in his evidence. O the excellent witness, O judges; O gravity worthy of being attended to; O honourable course of life! such that you may with willing minds make your oaths depend upon his testimony! In truth we should not see the crimes of these men so clearly if cupidity, and avarice, and audacity, did not render them blind.

> Latin: 101. quod aiunt illum Sex. Roscio intentasse et minitatum esse se omnia illa pro testimonio esse dicturum. O praeclarum testem, iudices! o gravitatem dignam exspectatione! o vitam honestam atque eius modi ut libentibus animis ad eius testimonium vestrum ius iurandum accommodetis! non tam perspicue nos istorum maleficia videremus, nisi ipsos caecos redderet cupiditas et avaritia et audacia.

[¶22] 102. One of them sent a swift messenger from the very scene of murder to Ameria, to his partner and his tutor; so that if every one wished to conceal his knowledge of whom the guilt belonged to, yet he himself placed his wickedness visibly before the eyes of all men. The other (if the immortal gods will only let him) is going to give evidence also against Sextus Roscius. As if the matter now in question were, whether what he said is to be believed, or whether what he did is to be punished. Therefore it was established by the custom of our ancestors, that even in the most insignificant matters, the most honourable men should not be allowed to give evidence in their own cause.

> Latin: 102. ex ipsa caede volucrem nuntium Ameriam ad socium atque adeo magistrum suum misit ut, si dissimulare omnes cuperent se scire ad quem maleficium pertineret, tamen ipse apertum suum scelus ante omnium oculos poneret., si dis immortalibus placet, testimonium etiam in Sex. Roscium dicturus est; quasi vero id nunc agatur, utrum is quod dixerit credendum, ac non quod fecerit vindicandum sit. more maiorum comparatum est ut in minimis rebus homines amplissimi testimonium de sua re non dicerent.

[¶23] 103. Africanus, who declares by his surname that he subdued a third part of the whole world, still, if a case of his own were being tried, would not give evidence. For I do not venture to say with respect to such a man as that, if he did give evidence he would not be believed. See now everything is altered and changed for the worse. When there is a trial about property and about murder, a man is going to give evidence, who is both a broker and an assassin; that is, he who is himself the purchaser and possessor of that very property about which the trial is taking place, and who contrived the murder of the man whose death is being inquired into.

> Latin: 103. Africanus qui suo cognomine declarat tertiam partem orbis terrarum se subegisse tamen, si sua res ageretur, testimonium non diceret; nam illud in talem virum non audeo dicere: diceret, non crederetur. nunc quam versa et mutata in peiorem partem sint omnia. de bonis et de caede agatur, testimonium dicturus est is qui et sector est et sicarius, hoc est qui et illorum ipsorum bonorum de quibus agitur emptor atque possessor est et eum hominem occidendum curavit de cuius morte quaeritur.

[¶24] 104. What do you want, O most excellent man? Have you anything to say? Listen to me. Take care not to be wanting to yourself; your own interest to a great extent is at stake. You have done many things wickedly, many things audaciously, many things scandalously; one thing foolishly, and that of your own accord, not by the advice of Erucius. There was no need for you to sit there. For no man employs a dumb accuser, or calls him as a witness, who rises from the accuser's bench. There must be added to this, that that cupidity of yours should have been a little more kept back and concealed. Now what is there that any one of you desire to hear, when what you do is such that you seem to have done them expressly for our advantage against your own interest?

> Latin: 104. ? tu, vir optime, ecquid habes quod dicas? mihi ausculta: vide ne tibi desis; tua quoque res permagna agitur. scelerate, multa audaciter, multa improbe fecisti, unum stultissime, profecto tua sponte non de Eruci sententia: nihil opus fuit te istic sedere. enim accusatore muto neque teste quisquam utitur eo qui de accusatoris subsellio surgit. accedit quod paulo tamen occultior atque tectior vestra ista cupiditas esset. quid est quod quisquam ex vobis audire desideret, eum quae facitis eius modi sint ut ea dedita opera a nobis contra vosmet ipsos facere videamini? nunc illa videamus, iudices, quae statim consecuta sunt.

[¶25] 105. Come now, let us see, O judges, what followed immediately after. The news of the death of Sextus Roscius is carried to Volaterra, to the camp of Lucius Sulla, to Chrysogonus, four days after he is murdered. I now again ask who sent that messenger. Is it not evident that it was the same man who sent the news to Ameria? Chrysogonus takes care that his goods shall be immediately sold; he who had neither his own the man nor his estate. But how did it occur to him to wish for the farms of a man who was unknown to him, whom he had never seen in his life? You are accustomed, O judges, when you hear anything of this sort to say at once, some fellow-citizen or neighbour must have told him; they generally tell these things; most men are betrayed by such. Here there is no ground for your entertaining this suspicion.

> Latin: 105. Volaterras in castra L. Lucii Sullae mors Sex. Rosci quadriduo quo is occisus est Chrysogono nuntiatur. etiam nunc quis cum nuntium miserit? nonne perspicuum est eundem qui Ameriam? Chrysogonus ut eius bona veneant statim; qui non norat hominem aut rem. qui ei venit in mentem praedia concupiscere hominis ignoti quem omnino numquam viderat? Soletis, cum aliquid huiusce modi audistis, iudices, continuo dicere: “est aliquem dixisse municipem aut vicinum; ei plerumque indicant, per eos plerique produntur.” nihil est quod suspicione occupetis.

[¶26] 106. I will not argue thus. It is probable that the Roscii gave information of that matter to Chrysogonus, for there was of old, friendship between them and Chrysogonus; for though the Roscii had many ancient patrons and friends hereditarily connected with them, they ceased to pay any attention and respect to them, and betook themselves to the protection and support of Chrysogonus.

> Latin: 106. enim ego ita disputabo: “simile est Roscios istam rem ad Chrysogonum detulisse; erat enim eis cum Chrysogono iam antea amicitia; nam cum multos veteres a maioribus Roscii patronos hospitesque haberent, omnis eos colere atque observare destiterunt ac se in Chrysogoni fidem et clientelam contulerunt.”

[¶27] 107. I can say all this with truth; for in this case I have no need to rely on conjecture. I know to a certainty that they themselves do not deny that Chrysogonus made the attack on this property at their instigation. If you see with your own eyes who has received a part of the reward for the information, can you possibly doubt, O judges, who gave the information? Who then are in possession of that property; and to whom did Chrysogonus give a share in it? The two Roscii!—Any one else? No one else, O judges. Is there then any doubt that they put this plunder in Chrysogonus's way, who have received from him a share of the plunder?

> Latin: 107. possum omnia vere dicere, sed in hac causa coniectura nihil opus est; ipsos certo scio non negare ad haec bona Chrysogonum accessisse impulsu suo. eum qui indici causa partem acceperit oculis cernetis, poteritisne dubitare, iudices, qui indicarit? sunt igitur in istis bonis quibus partem Chrysogonus dederit? Roscii. quisnam praeterea? est, iudices. ergo dubium est quin ei obtulerint hanc praedam Chrysogono qui ab eo partem praedae tulerunt?

[¶28] 108. Come now let us consider the action of the Roscii by the judgment of Chrysogonus himself. If in that contest the Roscii had done nothing which was worth speaking of, on what account were they presented with such rewards by Chrysogonus? If they did nothing more than inform him of the fact, was it not enough for him to thank them? Why are these farms of such value immediately given to Capito? Why does that fellow Roscius possess all the rest in common property with Chrysogonus? Is it not evident, O judges, that Chrysogonus, understanding the whole business, gave them as spoils to the Roscii?

> Latin: 108. nunc ex ipsius Chrysogoni iudicio Rosciorum factum consideremus. si nihil in ista pugna Roscii quod operae pretium esset fecerant, quam ob causam a Chrysogono tantis praemiis donabantur? si nihil aliud fecerunt nisi rem detulerunt, nonne satis fuit eis gratias agi, denique, ut perliberaliter ageretur, honoris aliquid haberi? tria praedia tantae pecuniae statim Capitoni dantur? cur quae reliqua sunt iste T. Titus Roscius omnia cum Chrysogono communiter possidet? perspicuum est, iudices, has manubias Rosciis Chrysogonum re cognita concessisse?

[¶29] 109. Capito came as a deputy to the camp, as one of the ten chief men of Ameria. Learn from his behaviour on this deputation the whole life and nature and manners of the man. Unless you are of opinion, O judges, that there is no duty and no right so holy and solemn that his wickedness and perfidy has not tampered with and violated it, then judge him to be a very excellent man.

> Latin: 109. in decem primis legatus in castra Capito. totam vitam naturam moresque hominis ex ipsa legatione cognoscite. Nisi intellexeritis, iudices, nullum esse officium, nullum ius tam sanctum atque integrum quod non eius scelus atque perfidia violarit et imminuerit, virum optimum esse eum iudicatote.

[¶30] 110. He is the hindrance to Sulla's being informed of this affair; he betrays the plans and intentions of the other deputies to Chrysogonus; he gives him warning to take care that the affair be not conducted openly; he points out to him, that if the sale of the property be prevented, he will lose a large sum of money, and that he himself will be in danger of his life. He proceeds to spur him on, to deceive those who were joined in the commission with him; to warn him continually to take care; to hold out treacherously false hopes to the others; in concert with him to devise plans against them, to betray their counsels to him; with him to bargain for his share in the plunder, and, relying constantly on some delay or other, to cut off from his colleagues all access to Sulla. Lastly, owing to his being the prompter, the adviser, the go-between, the deputies did not see Sulla; deceived by his faith, or rather by his perfidy, as you may know from themselves, if the accuser is willing to produce them as witnesses, they brought back home with a false hope instead of a reality.

> Latin: 110. est quo minus de his rebus Sulla doceatur, ceterorum legatorum consilia et voluntatem Chrysogono enuntiat, monet ut provideat ne palam res agatur, ostendit, si sublata sit venditio bonorum, illum pecuniam grandem amissurum, sese capitis periculum aditurum; illum acuere, hos qui simul erant missi fallere, illum identidem monere ut caveret, hisce insidiose spem falsam ostendere, eum illo contra hos inire consilia, horum consilia illi enuntiare, cum illo partem suam depecisci, hisce aliqua fretus mora semper omnis aditus ad Sullam intercludere. isto hortatore, auctore, intercessore ad Sullam legati non adierunt; istius fide ac potius perfidia decepti, id quod ex ipsis cognoscere poteritis, si accusator voluerit testimonium eis denuntiare, pro re certa spem falsam domum rettulerunt. privatis rebus si qui rem mandatam non modo malitiosius gessisset sui quaestus aut commodi causa verum etiam neglegentius, cum maiores summum admisisse dedecus existimabant.

[¶31] 111. In private affairs if any one had managed a business entrusted to him, I will not say maliciously for the sake of his own gain and advantage, but even carelessly, our ancestors thought that he had incurred the greatest disgrace. Therefore, legal proceedings for betrayal of a commission are established, involving penalties no less disgraceful than those for theft. I suppose because, in cases where we ourselves cannot be present, the vicarious faith of friends is substituted; and he who impairs that confidence, attacks the common bulwark of all men, and as far as depends on him, disturbs the bonds of society. For we cannot do everything ourselves; different people are more capable in different matters. On that account friendships are formed, that the common advantage of all may be secured by mutual good offices.

> Latin: 111. mandati constitutum est iudicium non minus turpe quam furti, credo, propterea quod quibus in rebus ipsi interesse non possumus, in eis operae nostrae vicaria fides amicorum supponitur; quam qui laedit, oppugnat omnium commune praesidium et, quantum in ipso est, disturbat vitae societatem. enim possumus omnia per nos agere; alius in alia est re magis utilis. amicitiae comparantur ut commune commodum mutuis officiis gubernetur.

[¶32] 112. Why do you undertake a commission, if you are either going to neglect it or to turn it to your own advantage? Why do you offer yourself to me, and by feigned service hinder and prevent my advantage? Get out of the way, I will do my business by means of some one else. You undertake the burden of a duty which you think you are able to support; a duty which does not appear very heavy to those who are not very worthless themselves. This fault therefore is very base, because it violates two most holy things, friendship and confidence; for men commonly do not entrust anything except to a friend, and do not trust any one except one whom they think faithful. It is therefore the part of a most abandoned man, at the same time to dissolve friendship and to deceive him who would not have been injured unless he had trusted him.

> Latin: 112. recipis mandatum, si aut neglecturus aut ad tuum commodum conversurus es? cur mihi te offers ac meis commodis officio simulato officis et obstas? de medio; per alium transigam. onus offici quod te putas sustinere posse; quod maxime videtur grave eis qui minime ipsi leves sunt. idcirco turpis haec culpa est, quod duas res sanctissimas violat, amicitiam et fidem. neque mandat quisquam fere nisi amico neque credit nisi ei quem fidelem putat. est igitur hominis simul et amicitiam dissolvere et fallere eum qui laesus non esset, nisi credidisset.

[¶33] 113. Is it not so? In the most trifling affairs be who neglects a commission, must be condemned by a most dishonouring sentence; in a matter of this importance, when he to whom the character of the dead, the fortunes of the living have been recommended and entrusted, loads the dead with ignominy and the living with poverty, shall he be reckoned among honourable men, shall he even be reckoned a man at all? In trifling affairs, in affairs of a private nature, even carelessness is accounted a crime, and is liable to a sentence branding a man with infamy; because, if the commission be properly executed, the man who has given the commission may feel at his ease and be careless about it: he who has undertaken the commission may not. In so important an affair as this, which was done by public order and so entrusted to him, what punishment ought to be inflicted on that man who has not hindered some private advantage by his carelessness, but has polluted and stained by his treachery the solemnity of the very commission itself? or by what sentence shall he be condemned?

> Latin: 113. est? in minimis rebus qui mandatum neglexerit, turpissimo iudicio condemnetur necesse est, in re tanta cum is cui fama mortui, fortunae vivi commendatae sunt atque concreditae, ignominia mortuum, inopia vivum adfecerit, is inter honestos homines atque adeo inter vivos numerabitur? minimis privatisque rebus etiam neglegentia in crimen mandati iudiciumque infamiae vocatur, propterea quod, si recte fiat, illum neglegere oporteat qui mandarit non illum qui mandatum receperit; in re tanta quae publice gesta atque commissa sit qui non neglegentia privatum aliquod commodum laeserit sed perfidia legationis ipsius caerimoniam polluerit maculaque adfecerit, qua is tandem poena adficietur aut quo iudicio damnabitur?

[¶34] 114. If Sextus Roscius had entrusted this matter to him privately to transact and determine upon with Chrysogonus, and to involve his credit in the matter if it seemed to him to be necessary—if he who had undertaken the affair had turned ever so minute a point of the business to his own advantage, would he not, if convicted by the judge, have been compelled to make restitution, and would he not have lost all credit?

> Latin: 114. si hanc ei rem privatim Sex. Roscius mandavisset ut cum Chrysogono transigeret atque decideret, inque eam rem fidem suam, si quid opus esse putaret, interponeret, ille qui sese facturum recepisset, nonne, si ex eo negotio tantulum in rem suam convertisset, damnatus per arbitrum et rem restitueret et honestatem omnem amitteret?

[¶35] 115. Now it is not Sextus Roscius who gave him this commission, but what is a much more serious thing, Sextus Roscius himself, with his character, his life, and all his property, is publicly entrusted by the senators to Roscius; and, of this trust, Titus Roscius has converted not some small portion to his own advantage, but has turned him entirely out of his property; he has bargained for three farms for himself; he has considered the intention of the senators and of all his fellow-citizens of just as much value as his own integrity.

> Latin: 115. non hanc ei rem Sex. Roscius mandavit sed, id quod multo gravius est, ipse Sex. Roscius cum fama vita bonisque omnibus a decurionibus publice T. Tito Roscio mandatus est; et ex eo T. Titus Roscius non paululum nescio quid in rem suam convertit sed hunc funditus evertit bonis, ipse tria praedia sibi depectus est, voluntatem decurionum ac municipum omnium tantidem quanti fidem suam fecit.

[¶36] 116. Moreover, consider now, O judges, the other matters, that you may see that no crime can be imagined with which that fellow has not disgraced himself. In less important matters, to deceive one's partner is a most shameful thing, and equally base with that which I have mentioned before. And rightly; because he who has communicated an affair to another thinks that he has procured assistance for himself. To whose good faith, then, shall a man have recourse who is injured by the want of faith in the man whom he has trusted? But these offences are to be punished with the greatest severity which are guarded against with the greatest difficulty. We can be reserved towards strangers; intimate friends must see many things more openly; but how can we guard against a companion? for even to be afraid of him is to do violence to the rights of duty. Our ancestors therefore rightly thought that he who had deceived his companion ought not to be considered in the number of good men.

> Latin: 116. iam porro cetera, iudices, ut intellegatis fingi maleficium nullum posse quo iste sese non contaminarit. rebus minoribus socium fallere turpissimum est aequeque turpe atque illud de quo ante dixi; neque iniuria, propterea quod auxilium sibi se putat adiunxisse qui eum altero rem communicavit. cuius igitur fidem confugiet, cum per eius fidem laeditur cui se commiserit? ea sunt animadvertenda peccata maxime quae difficillime praecaventur. esse ad alienos possumus, intimi multa apertiora videant necesse est; socium cavere qui possumus? quem etiam si metuimus, ius offici laedimus. igitur maiores cum qui socium fefellisset in virorum bonorum numero non putarunt haberi oportere.

[¶37] 117. But Titus Roscius did not deceive one friend alone in a money matter, (which, although it be a grave offence, still appears possible in some degree to be borne) but he led on, cajoled, and deserted nine most honourable men, betrayed them to their adversaries, and deceived them with every circumstance of fraud and perfidy. They who could suspect nothing of his wickedness, ought not to have been afraid of the partner of their duties; they did not see his malice, they trusted his false speech. Therefore these most honourable men are now, on account of his treachery, thought to have been incautious and improvident He who was at the beginning a traitor, then a deserter—who at first reported the counsels of his companions to their adversaries, and then entered into a confederacy with the adversaries themselves, even now terrifies us, and threatens us, adorned with his three farms, that is, with the prizes of his wickedness. In such a life as his, O judges, amid such numerous and enormous crimes, you will find this crime too, with which the present trial is concerned.

> Latin: 117. vero T. Titus Roscius non unum rei pecuniariae socium fefellit, quod, tametsi grave est, tamen aliquo modo posse ferri videtur, verum novem homines honestissimos, eiusdem muneris, legationis, offici mandatorumque socios, induxit, decepit, destituit, adversariis tradidit, omni fraude et perfidia fefellit; qui de scelere suspicari eius nihil potuerunt, socium offici metuere non debuerunt, eius malitiam non viderunt, orationi vanae crediderunt. nunc illi homines honestissimi propter istius insidias parum putantur cauti providique fuisse; iste qui initio proditor fuit, deinde perfuga, qui primo sociorum consilia adversariis enuntiavit, deinde societatem cum ipsis adversariis coiit, terret etiam nos ac minatur tribus praediis, hoc est praemiis sceleris, ornatus. eius modi vita, iudices, in his tot tantisque flagitiis hoc quoque maleficium de quo iudicium est reperietis.

[¶38] 118. In truth you ought to make investigation on this principle; where you see that many things have been done avariciously, many audaciously, many wickedly, many perfidiously, there you ought to think that wickedness also lies hid among so many crimes; although this indeed does not lie hid at all, which is so manifest and exposed to view, that it may be perceived, not by those vices which it is evident exist in him, but even if any one of those vices be doubted of, he may be convicted of it by the evidence of this crime. What then, I ask, shall we say, O judges? Does this gladiator seem entirely to have thrown off his former character? or does that pupil of his seem to yield but little to his master in skill? Their avarice is equal, their dishonesty similar, their impudence is the same; the audacity of the one is twin-sister to the audacity of the other.

> Latin: 118. quaerere ita debetis: ubi multa avare, multa audacter, multa improbe, multa perfidiose facta videbitis, ibi scelus quoque latere inter illa tot flagitia putatote. hoc quidem minime latet quod ita promptum et propositum est ut non ex illis maleficiis quae in illo constat esse hoc intellegatur verum ex hoc etiam, si quo de illorum forte dubitabitur, convincatur. tandem, quaeso, iudices? num aut ille lanista omnino iam a gladio recessisse videtur aut hic discipulus magistro tantulum de arte concedere? est avaritia, similis improbitas, eadem impudentia, gemina audacia.

## 4. Sections 119–154

Source: https://scriptura.si/works/cicero-pro-roscio-amerino/4/ · cite a paragraph as https://scriptura.si/works/cicero-pro-roscio-amerino/4/#p-N

[¶0] 119. Now forsooth, since you have seen the good faith of the master, listen to the justice of the pupil. I have already said before, that two slaves have been continually begged of them to be put to the question. You have always refused it, O Titus Roscius. I ask of you whether they who asked it were unworthy to obtain it? or had he, on whose behalf they asked it, no influence with you? or did the matter itself appear unjust? The most noble and respectable men of our state, whom I have named before, made the request, who have lived in such a manner, and are so esteemed by the Roman people, that there is no one who would not think whatever they said reasonable. And they made the request on behalf of a most miserable and unfortunate man, who would wish even himself to be submitted to the torture, provided the inquiry into his father's death might go on.

> Latin: 119. , quoniam fidem magistri cognostis, cognoscite nunc discipuli aequitatem. iam antea saepe numero postulatos esse ab istis duos servos in quaestionem. semper, T. Titi Rosci, recusasti. abs te: “Eine qui postulabant indigni erant qui impetrarent, an is te non commovebat pro quo postulabant, an res ipsa tibi iniqua videbatur?” homines nobilissimi atque integerrimi nostrae civitatis quos iam antea nominavi; qui ita vixerunt talesque a populo Romano putantur ut quicquid dicerent nemo esset qui non aequum putaret. autem pro homine miserrimo atque infelicissimo qui vel ipse sese in cruciatum dari cuperet, dum de patris morte quaereretur.

[¶1] 120. Moreover, the thing demanded of you was such that it made no difference whether you refused it or confessed yourself guilty of the crime. And as this is the case, I ask of you why you refused it? When Sextus Roscius was murdered they were there. The slaves themselves, as far as I am concerned, I neither accuse nor acquit; but the point which I see you contending for, namely, that they be not submitted to the question, is full of suspicion. But the reason of their being held in such horror by you, must be that they know something, which, if they were to tell, will be pernicious to you. Oh, say you, it is unjust to put questions to slaves against their masters. Is any such question meant to be put? For Sextus Roscius is the defendant, and when inquiry is being made into his conduct, you do not say that you are their masters. Oh, they are with Chrysogonus. I suppose so; Chrysogonus is so taken with their learning and accomplishments, that be wishes these men—men little better than labourers from the training of a rustic master of a family at Ameria, to mingle with his elegant youths, masters of every art and every refinement—youths picked out of many of the politest households.

> Latin: 120. porro abs te eius modi postulabatur ut nihil interesset, utrum eam rem recusares an de maleficio confiterere. cum ita sint, quaero abs te quam ob causam recusaris. occiditur Sex. Roscius ibidem fuerunt. ipsos, quod ad me attinet, neque arguo neque purgo; quod a vobis oppugnari video ne in quaestionem dentur, suspiciosum est; quod vero apud vos ipsos in honore tanto sunt, profecto necesse est sciant aliquid, quod si dixerint perniciosum vobis futurum sit. — dominos quaeri de servis iniquum est. — non quaeritur;. enim Roscius reus est; neque enim, cum de hoc quaeritur, in dominos quaeritur; vos enim dominos esse dicitis. — Chrysogono sunt. — credo; litteris eorum et urbanitate Chrysogonus ducitur ut inter suos omnium deliciarum atque omnium artium puerulos ex tot elegantissimis familiis lectos velit hos versari, homines paene operarios, ex Amerina disciplina patris familiae rusticani.

[¶2] 121. That cannot be the truth, O judges; it is not probable that Chrysogonus has taken a fancy to their learning or their politeness, or that he should be acquainted with their industry and fidelity in the business of a household. There is something which is hidden; and the more studiously it is bidden and kept back by them, so much the more is it visible and conspicuous.

> Latin: 121. ita est profecto, iudices; non est veri simile ut Chrysogonus horum litteras adamarit aut humanitatem, non ut rei familiaris negotio diligentiam cognorit eorum et fidem. quiddam quod occultatur; quod quo studiosius ab istis opprimitur et absconditur, eo magis eminet et apparet. igitur?

[¶3] 122. What, then, are we to think? Is Chrysogonus unwilling that these men shall be put to the question for the sake of concealing his own crime? Not so, O judges; I do not think that the same arguments apply to every one. As far as I am concerned, I have no suspicion of the sort respecting Chrysogonus, and this is not the first time that it has occurred to me to say so. You recollect that I so divided the cause at the beginning; into the accusation, the whole arguing of which was entrusted to Erucius; and into audacity, the business of which was assigned to the Roscii;—whatever crime, whatever wickedness, whatever bloodshed there is, all that is the business of the Roscii. We say that the excessive interest and power of Chrysogonus is a hindrance to us, and can by no means be endured; and that it ought not only to be weakened, but even to be punished by you, since you have the power given to you.

> Latin: 122. Chrysogonus suine malefici occultandi causa quaestionem de eis haberi non volt?, iudices; non in omnis arbitror omnia convenire. in Chrysogono, quod ad me attinet, nihil eius modi suspicor; neque hoc mihi nunc primum in mentem venit dicere. me ita distribuisse initio causam: in crimen cuius tota argumentatio permissa Erucio est, et in audaciam cuius partes Rosciis impositae sunt. malefici, sceleris, caedis erit, proprium id Rosciorum esse debebit. gratiam potentiamque Chrysogoni dicimus et nobis obstare et perferri nullo modo posse et a vobis, quoniam potestas data est, non modo infirmari verum etiam vindicari oportere.

[¶4] 123. I think as follows; that he who wishes these men to be put to the question, whom it is evident were present when the murder was committed, is desirous to find out the truth; that he who refuses it, though he does not dare admit it in words, yet does in truth by his actions, confesses himself guilty of the crime. I said at the beginning, O judges, that I was unwilling to say more of the wickedness of those men than the cause required, and than necessity itself compelled me to say. For many circumstances can be alleged, and every one of them can be discussed with many arguments. But I cannot do for any length of time, nor diligently, what I do against my will, and by compulsion. Those things which could by no means be passed over, I have lightly touched upon, O judges; those things which depend upon suspicion, and which, if I begin to speak of them, will require a copious discussion, I commit to your capacities and to your conjectures.

> Latin: 123. sic existimo, qui quaeri velit ex eis quos constat, eum caedes facta sit, adfuisse, cum cupere verum inveniri; qui id recuset, eum profecto, tametsi verbo non audeat, tamen re ipsa de maleficio suo confiteri. initio, iudices, nolle me plura de istorum scelere dicere quam causa postularet ac necessitas ipsa cogeret. et multae res adferri possunt, et una quaeque earum multis cum argumentis dici potest. ego quod invitus ac necessario facio neque diu neque diligenter facere possum. praeteriri nullo modo poterant, ea leviter, iudices, attigi, quae posita sunt in suspicionibus de quibus, si coepero dicere, pluribus verbis sit disserendum, ea vestris ingeniis coniecturaeque committo.

[¶5] 124. I come now to that golden name of Chrysogonus, under which name the whole confederacy is set up, concerning whom, O judges, I am at a loss both how to speak and how to hold my tongue; for if I say nothing, I leave out a great part of my argument, and if I speak, I fear that not he alone (about whom I am not concerned), but others also may think themselves injured; although the case is such that it does not appear necessary to say much against the common cause of the brokers. For this cause is, in truth, a novel and an extraordinary cause. Chrysogonus is the purchaser of the property of Sextus Roscius.

> Latin: 124. nunc ad illud nomen aureum Chrysogoni sub quo nomine tota societas latuit; de quo, iudices, neque quo modo dicam neque quo modo taceam reperire possum. enim taceo, vel maximam partem relinquo; sin autem dico, vereor ne non ille solus, id quod ad me nihil attinet, sed alii quoque plures laesos se putent. ita se res habet ut mihi in communem causam sectorum dicendum nihil magno opere videatur; haec enim causa nova profecto et singularis est. Sex. Rosci emptor est Chrysogonus.

[¶6] 125. Let us see this first, on what pretence the property of that man was sold, or how they could be sold. And I will not put this question, O judges, so as to imply that it is a scandalous thing for the property of an innocent man to be sold at all. For if these things are to be freely listened to and freely spoken, Sextus Roscius was not a man of such importance in the state as to make us complain of his fortune more than of that of others. But I ask this, how could they be sold even by that very law which is enacted about prescriptions, whether it be the Valerian or Cornelian law,—for neither know nor understand which it is—but by that very law itself how could the property of Sextus Roscius be sold?

> Latin: 125. hoc videamus: eius hominis bona qua ratione venierunt aut quo modo venire potuerunt? hoc non ita quaeram, iudices, ut id dicam esse indignum, hominis innocentis bona venisse — enim haec audientur ac libere dicentur, non fuit tantus homo Sex. Roscius in civitate ut de eo potissimum conqueramur — verum ego hoc quaero: potuerunt ista ipsa lege quae de proscriptione est, sive Valeria est sive Cornelia — non enim novi nec scio — verum ista ipsa lege bona Sex. Rosci venire qui potuerunt?

[¶7] 126. For they say it is written in it, “that the property of those men who have been proscribed is to be sold”; in which number Sextus Roscius is not one: “or of those who have been slain in the garrisons of the opposite party.” While there, were any garrisons, he was in the garrisons of Sulla; after they laid down their arms, returning from supper, he was slain at Rome in a time of perfect peace. If he was slain by law, I admit that his property was sold by law too; but if it is evident that he was slain contrary to all laws, not merely to old laws, but to the new ones also, then I ask by what right, or in what manner, or by what law they were sold?

> Latin: 126. enim ita dicunt esse: VT AVT EORVM BONA VENEANT QVI PROSCRIPTI SVNT; quo in numero Sex. Roscius non est: AVT EORVM QVI IN ADVERSARIORVM PRAESIDIIS OCCISI SVNT. Dum praesidia ulla fuerunt, in Sullae praesidiis fuit; postea quam ab armis omnes recesserunt, in summo otio rediens a cena Romae occisus est. si lege, bona quoque lege venisse fateor. autem constat contra omnis non modo veteres leges verum etiam novas occisum esse, bona quo iure aut quo modo aut qua lege venierint quaero.

[¶8] 127. You ask, against whom do I say this, O Erucius. Not against him whom you are meaning and thinking of; for both my speech from the very beginning, and also I is own eminent virtue, at all times has acquitted Sulla. I say that Chrysogonus did all this in order to tell lies; in order to make out Roscius to have been a bad citizen; in order to represent him as slain among the opposite party; in order to prevent Lucius Sulla from being rightly informed of these matters by the deputies from Ameria. Last of all, I suspect that this property was never sold at all; and this matter I will open presently, O judges, if you will give me leave.

> Latin: 127. quem hoc dicam quaeris, Eruci? in eum quem vis et putas; nam Sullam et oratio mea ab initio et ipsius eximia virtus omni tempore purgavit. haec omnia Chrysogonum fecisse dico, ut ementiretur, ut malum civem Sex. Roscium fuisse fingeret, ut eum apud adversarios occisum esse diceret, ut his de rebus a legatis Amerinorum doceri L. Lucium Sullam passus non sit. etiam illud suspicor, omnino haec bona non venisse; id quod postea, si per vos, iudices, licitum erit, aperietur.

[¶9] 128. For I think it is set down in the law on what day these proscriptions and sales shall take place, forsooth on the first of January. Some months afterwards the man was slain, and his property is said to have been sold. Now, either this property has never been returned in the public accounts, and we are cheated by this scoundrel more cleverly than we think, or, if they were returned, then the public accounts have some way or other been tampered with, for it is quite evident that the property could not have been sold according to law. I am aware, O judges, that I am investigating this point prematurely, and that I am erring as greatly as if, while I ought to be curing a mortal sickness of Sextus Roscius, I were mending a whitlow; for he is not anxious about his money; he has no regard to any pecuniary advantage; he thinks he can easily endure his poverty, if he is released from this unworthy suspicion, from this false accusation.

> Latin: 128. enim esse in lege quam ad diem proscriptiones venditionesque fiant, nimirum Kalendas Iunias. post mensis et homo occisus est et bona venisse dicuntur. aut haec bona in tabulas publicas nulla redierunt nosque ab isto nebulone facetius eludimur quam putamus, aut, si redierunt, tabulae publicae corruptae aliqua ratione sunt; nam lege quidem bona venire non potuisse constat. me ante tempus, iudices, haec serutari et prope modum errare qui, cum capiti Sex. Rosci mederi debeam, reduviam curem. enim laborat de pecunia, non ullius rationem sui commodi ducit; facile egestatem suam Sc laturum putat, si hac indigna suspicione et ficto crimine liberatus sit.

[¶10] 129. But I entreat you, O judges, to listen to the few things I have still to say, under the idea that I am speaking partly for myself, and party for Sextus Roscius. For the things which appear to me unworthy and intolerable, and which I think concern all men unless we are prudent, those things I now mention to you for my own sake, from the real feelings and indignation of my mind. What relates to the misfortunes of the life, and to the cause of my client, and what he wishes to be said for him, and with what condition he will be content, you shall hear, O judges, immediately at the end of my speech. I ask this of Chrysogonus of my own accord, leaving Sextus Roscius out of the question.

> Latin: 129. quaeso a vobis, iudices, ut haec pauca quae restant ita audiatis ut partim me dicere pro me ipso putetis, partim pro Sex. Roscio. enim mihi ipsi indigna et intolerabilia videntur quaeque ad omnis, nisi providemus, arbitror pertinere, ea pro me ipso ex animi mei sensu ac dolore pronuntio; quae ad huius vitae casum causamque pertinent et quid hic pro se dici velit et qua condicione contentus sit iam in extrema oratione nostra, iudices, audietis.

[¶11] 130. First of all, why the property of a virtuous citizen was sold? Next, why the property of a man who was neither proscribed, nor slain in the garrisons of the opposite party, were sold; when the law was made against them alone? Next, why were they sold long after the day which is appointed by the law? Next, why were they sold for go little! And if he shall choose, as worthless and wicked freedmen are accustomed to do, to refer all this to his patrons, he will do himself no good by that For there is no one who does not know that on account of the immensity of his business, many men did many things of which Lucius Sulla knew very little.

> Latin: 130. haec a Chrysogono mea sponte remoto Sex. Roscio quaero, primum qua re civis optimi bona venierint, deinde qua re hominis eius qui neque proscriptus neque apud adversarios occisus est bona venierint, cum in eos solos lex scripta sit, deinde qua re aliquanto post eam diem venierint quae dies in lege praefinita est, deinde cur tantulo venierint. omnia si, quem ad modum solent liberti nequam et improbi facere, in patronum suum voluerit conferre, nihil egerit; nemo est enim qui nesciat propter magnitudinem rerum multa multos partim improbante partim imprudente L. Sulla commisisse.

[¶12] 131. Is it right, then, that in these matters anything should be passed over without the ruler knowing it? It is not right, O judges, but it is inevitable. In truth, if the great and kind Jupiter, by whose will and command the heaven, the earth, and the seas are governed, has often by too violent winds, or by immoderate tempests, or by too much heat, or by intolerable cold, injured men, destroyed cities, or ruined the crops; nothing of which do we suppose to have taken place, for the sake of causing injury, by the divine intention, but owing to the power and magnitude of the affairs of the world; but on the other hand we see that the advantages which we have the benefit of, and the light which we enjoy, and the air which we breathe, are all given to and bestowed upon us by him; how can we wonder that Lucius Sulla, when he alone was governing the whole republic, and administering the affairs of the whole world, and strengthening by his laws the majesty of the empire, which he had recovered by arms, should have been forced to leave some things unnoticed? Unless this is strange that human faculties have not a power which divine might is unable to attain to.

> Latin: 131. igitur in his rebus aliquid imprudentia praeteriri? placet, iudices, sed necesse est. si Iuppiter cuius nutu et arbitrio caelum terra mariaque reguntur saepe ventis vehementioribus aut immoderatis tempestatibus aut nimio calore aut intolerabili frigore hominibus nocuit, urbis delevit, fruges perdidit, quorum nihil pernicii causa divino consilio sed vi ipsa et magnitudine rerum factum putamus, at contra commoda quibus utimur lucemque qua fruimur spiritumque quem ducimus ab eo nobis dari atque impertiri videmus, quid miramur, iudices, L. Lucium Sullam, cum solus rem publicam regeret orbemque terrarum gubernaret imperique maiestatem quam armis receperat iam legibus confirmaret, aliqua animadvertere non potuisse? nisi hoc mirum est quod vis divina adsequi non possit, si id mens humana adepta non sit.

[¶13] 132. But to say no more about what has happened already, cannot any one thoroughly understand from what is happening now, that Chrysogonus alone is the author and contriver of all this, and that it is he who caused Sextus Roscius to be accused? this trial in which Erucius says that he is the accuser out of regard for honour … They think they are leading a convenient life, and one arranged rationally, who have a house among the Salentii or Brutii, from which they can scarcely receive news three times a year. Another comes down to you from his palace on the Palatine; he has for the purposes of relaxation to his mind a pleasant suburban villa, and many farms besides, and not one which is not beautiful and contiguous; a house filled with Corinthian and Delian vessels, among which is that celebrated stove which he has lately bought at so great a price, that passers by, who heard the money being counted out, thought that a farm was being sold. What quantities besides of embossed plate, of embroidered quilts; of paintings, of statues, and of marble, do you think he has in his house? All, forsooth, that in a time of disturbance and rapine can be crammed into one house from the plunder of many magnificent families. But why should I mention how vast a household too was his, and in what various trades was it instructed?

> Latin: 132. ut haec missa faciam quae iam facta sunt, ex eis quae nunc cum maxime fiunt nonne quivis potest intellegere omnium architectum et machinatorem unum esse Chrysogonum? qui Sex. Rosci nomen deferendum curavit, cuius honoris causa accusare dixit Erucius... Desunt non pauca. … id est suspicionem suam in alium deducit. enini dicebat Chrysogonus: “quia timui ne mihi tollerentur bona Rosci, ideo eius praedia dissipavi, sed, quia aedificabam, in Vcientanam ideo de his transtuli.” — praedia praediis] occasione, quem ad moduni dicimus: “fac ad manum ilium codiceni”. — ego audire istos cupio] hoc capite de potentia Chrysogoni invidiam facit, ut enunieret singula deliciarum genera, quod habeat pluris possessiones, mancipia, quae omnia dicit de rapinis ipsum habere. (Schol. Gron. p.436.14.) …... aptam et ratione dispositam se habere existimant, qui in Sallentinis aut in Bruttiis habent unde vix ter in anno audire nuntium possunt. tibi descendit de Palatio et aedibus suis; habet animi causa rus amoenum et suburbanum, plura praeterea praedia neque tamen ullum nisi praeclarum et propinquum. referta vasis Corinthiis et Deliacis, in quibus est authepsa illa quam tanto pretio nuper mercatus est ut qui praetereuntes quid praeco enumeraret audiebant fundum venire arbitrarentur. praeterea caelati argenti, quid stragulae vestis, quid pictarum tabularum, quid signorum, quid marmoris apud illum putatis esse? scilicet quantum e multis splendidisque familiis in turba et rapinis coacervari una in domo potuit. vero quantam et quam variis cum artificiis habeat quid ego dicam?

[¶14] 134. I say nothing of those ordinary arts, cooks, bakers, and litter-bearers; he has so many slaves to gratify his mind and ears, that the whole neighbourhood resounds with the daily music of voices, and stringed instruments, and flutes. In such a life as this, O judges, how great a daily expense, and what extravagance do you think there must be? And what banquets? Honourable no doubt in such a house; if that is to be called a house rather than a workshop of wickedness, and a lodging for every sort of iniquity.

> Latin: 134. Mitto hasce artis volgaris, coquos, pistores, lecticarios; animi et aurium causa tot homines habet ut cotidiano cantu vocum et nervorum et tibiarum nocturnisque conviviis tota vicinitas personet. hac vita, iudices, quos sumptus cotidianos, quas effusiones fieri putatis, quae vero convivia? honesta, credo, in eius modi domo, si domus haec habenda est potius quam officina nequitiae ac deversorium flagitiorum omnium.

[¶15] 135. In what a style he himself flutters through the forum, with his hair curled and perfumed, and with a great retinue of citizens, you yourselves behold, O judges; in truth you see how he despises every one, how he thinks no one a human being but himself, how he thinks himself the only happy, the only powerful man. But if I were to wish too mention what he does and what he attempts, O judges, I am afraid that some ignorant people would think that I wish to injure the cause of the nobility, and to detract from their victory; although I have a right to find fault if anything in that party displeases me. For I am not afraid that any one will suppose that I have a disposition disaffected to the cause of the nobility.

> Latin: 135. vero quem ad modum composito et dilibuto capillo passim per forum volitet cum magna caterva togatorum videtis, iudices; videtis ut omnis despiciat, ut hominem prae se neminem putet, ut se solum beatum, solum potentem putet. vero efficiat et quae conetur si velim commemorare, vereor, iudices, ne quis imperitior existimet me causam nobilitatis victoriamque voluisse laedere. meo iure possum, si quid in hac parte mihi non placeat, vituperare; non enim ne quis alienum me animum habuisse a causa nobilitatis existimet.

[¶16] 136. They who know me, know that I, to the extent of my small and insignificant power, (when that which I was most eager for could not be brought about, I mean an accommodation between the parties) laboured to ensure the victory of that party which got it. For who was there who did not see that meanness was disputing with dignity for the highest honours? a contest in which it was the part of an abandoned citizen not to unite himself to those, by whose safety dignity at home and authority abroad would be preserved. And that all this was done, and that his proper honour and rank was restored to every one, I rejoice, O judges, and am exceedingly delighted; and I know that it was all done by the kindness of the gods, by the zeal of the Roman people, by the wisdom and government, and good fortune of Lucius Sulla.

> Latin: 136. ei qui me norunt me pro mea tenui infirmaque parte, postea quam id quod maxime volui fieri non potuit, ut componeretur, id maxime defendisse ut ei vincerent qui vicerunt. enim erat qui non videret humilitatem cum dignitate de amplitudine contendere? quo in certamine perditi civis erat non se ad eos iungere quibus incolumibus et domi dignitas et foris auctoritas retineretur. perfecta esse et suum cuique honorem et gradum redditum gaudeo, iudices, vehementerque laetor eaque omnia deorum voluntate, studio populi Romani, consilio et imperio et felicitate L. Lucii Sullae gesta esse intellego.

[¶17] 137. I have no business to find fault with punishment having been inflicted on those who laboured with all their energies on the other side; and I approve of honours having been paid to the brave men whose assistance was eminent in the transaction of all these matters. And I consider that the struggle was to a great extent with this object, and I confess that I shared in that desire in the part I took. But if the object was, and if arms were taken with the view of causing the lowest of the people to be enriched with the property of others, and of enabling them to make attacks on the fortunes of every one, and if it is unlawful not only to hinder that by deed, but even to blame it in words, then the Roman people seems to me not to have been strengthened and restored by that war, but to have been subdued and crushed.

> Latin: 137. animadversum est in eos qui contra omni ratione pugnarunt, non debeo reprehendere; quod viris fortibus quorum opera eximia in rebus gerendis exstitit honos habitus est, laudo. ut fierent idcirco pugnatum esse arbitror meque in eo studio partium fuisse confiteor. autem id actum est et idcirco arma sumpta sunt ut homines postremi pecuniis alienis locupletarentur et in fortunas unius cuiusque impetum facerent, et id non modo re prohibere non licet sed ne verbis quidem vituperare, tum vero in isto bello non recreatus neque restitutus sed subactus oppressusque populus Romanus est.

[¶18] 138. But the ease is totally different: nothing of this, O judges, is the truth: the cause of the nobility will not only not be injured if you resist these men, but it will even be embellished. In truth, they who are inclined to find fault with this complain that Chrysogonus has so much influence; they who praise it, declare that he has not so much allowed him. And now it is impossible for any one to be either so foolish or so worthless as to say: “I wish it were allowed me, I would have said...” You may say... “I would have done...” You may do... No one hinders you. “I would have decreed...” “Decree, only decree rightly, every one will approve.” “I should have judged...” All will praise you if you judge rightly and properly.

> Latin: 138. longe aliter est; nil horum est, iudices. modo non laedetur causa nobilitatis, si istis hominibus resistetis, verum etiam ornabitur. qui haec vituperare volunt Chrysogonum tantum posse queruntur; qui laudare volunt concessum ei non esse commemorant. iam nihil est quod quisquam aut tam stultus aut tam improbus sit qui dicat: “quidem liceret; hoc dixissem.” licet. “fecissem.” licet; nemo prohibet. “decrevissem.”, modo recte; omnes approbabunt. “iudicassem.” omnes, si recte et ordine iudicaris.

[¶19] 139. While it was necessary and while the ease made it inevitable, one man had all the power, and after he created magistrates and established laws, his own proper office and authority was restored to every one. And if those who recovered it wish to retain it, they will be able to retain it for ever. But if they either participate in or approve of these acts of murder and rapine, these enormous and prodigal expenses—I do not wish to say anything too severe against them; not even as an omen; but this one thing I do say; unless those nobles of ours are vigilant, and virtuous, and brave, and merciful, they must abandon their honours to those men in whom these qualities do exist.

> Latin: 139. necesse erat resque ipsa cogebat, unus omnia poterat; qui postea quam magistratus creavit legesque constituit, sua cuique procuratio auctoritasque est restituta. si retinere volunt ei qui reciperarunt in perpetuum poterunt obtinere; sin has caedis et rapinas et hos tantos tamque profusos sumptus aut facient aut approbabunt — nolo in eos gravius quicquam ne ominis quidem causa dicere, unum hoc dico: nostri isti nobiles nisi vigilantes et boni et fortes et misericordes erunt, eis hominibus in quibus haec erunt ornamenta sua concedant necesse est.

[¶20] 140. Let them, therefore, cease at least to say that a man speaks badly, if he speaks truly and with freedom; let them cease to make common cause with Chrysogonus; let them cease to think, if he be injured, that any injury has been done to them; let them see how shameful and miserable a thing it is that they, who could not tolerate the splendour of the knights, should be able to endure the domination of a most worthless slave—a domination, which, O judges, was formerly exerted in other matters, but now you see what a road it is making for itself, what a course it is aiming at, against your good faith, against your oaths, against your decisions, against almost the only thing which remains uncorrupted and holy in the state.

> Latin: 140. desinant aliquando dicere male aliquem locutum esse, si qui vere ac libere locutus sit, desinant suam causam cum Chrysogono communicare, desinant, si ille laesus sit, de se aliquid detractum arbitrari, videant ne turpe miserumque sit eos qui equestrem splendorem pati non potuerunt servi nequissimi dominationem ferre posse. quidem dominatio, iudices, in aliis rebus antea versabatur, nunc vero quam viam munitet et quod iter adfectet videtis, ad fidem, ad ius iurandum, ad iudicia vestra, ad id quod solum prope in civitate sincerum sanctumque restat.

[¶21] 141. Does Chrysogonus think that in this particular too he has some influence? Does her even wish to be powerful in this? O miserable and bitter circumstance! Nor, in truth, am I indignant at this, because I am afraid that he may have some influence; but I complain of the mere fact of his having dared this, of his having hoped that with such men as these he could have any influence to the injury of an innocent man. Is it for this that the nobility has roused itself, that it has recovered the republic by arms and the sword—in order that freedmen and slaves might be able to maltreat the property of the nobles, and all your fortunes and ours, at their pleasure?

> Latin: 141. hic ne etiam sese putat aliquid posse Chrysogonus? hicne etiam potens esse volt? O rem miseram atque acerbam! me hercules hoc indigne fero, quod verear ne quid possit, verum quod ausus est, quod speravit sese apud talis viros aliquid ad perniciem posse innocentis, id ipsum queror. exspectata nobilitas armis atque ferro rem publicam reciperavit ut ad libidinem suam liberti servolique nobilium bona fortunas arasque nostras vexare possent?

[¶22] 142. If that was the object, I confess that I erred in being anxious for their success. I admit that I was mad in espousing their party, although I espoused it, O judges, without taking up arms. But if the victory of the nobles ought to be an ornament and an advantage to the republic and the Roman people, then, too, my speech ought to be very acceptable to every virtuous and noble man. But if there be any one who thinks that he and his cause is injured when Chrysogonus is found fault with, he does not understand his cause, I may almost say he does not know himself. For the cause will be rendered more splendid by resisting every worthless man. The worthless favourers of Chrysogonus, who think that his cause and theirs are identical, are injured themselves by separating themselves from such splendour.

> Latin: 142. id actum est, fateor me errasse qui hoc maluerim, fateor insanisse qui cum illis senserim; tametsi inermis, iudices, sensi. autem victoria nobilium ornamento atque emolumento rei publicae populoque Romano debet esse, tum vero optimo et nobilissimo cuique meam orationem gratissimam esse oportet. si quis est qui et se et causam laedi putet, cum Chrysogonus vituperetur, is causam ignorat, se ipsum probe novit; causa enim splendidior fiet, si nequissimo cuique resistetur, ille improbissimus Chrysogoni fautor qui sibi cum illo rationem communicatam putat laeditur, cum ab hoc splendore causae separatur.

[¶23] 143. But all this that I have been now saying, as I mentioned before, is said on my own account, though the republic, and my own indignation, and the injuries done by these fellows, have compelled me to say it. But Roscius is indignant at none of these things; he accuses no one; he does not complain of the loss of his patrimony; he, ignorant of the world, rustic and down that he is, thinks that all those things which you say were done by Sulla were done regularly, legally and according to the law of nations. If he is only exempted from blame and acquitted of this nefarious accusation, he will be glad to leave the court.

> Latin: 143. haec omnis oratio, ut iam ante dixi, mea est, qua me uti res publica et dolor meus et istorum iniuria coegit. Sex. Roscius horum nihil indignum putat, neminem accusat, nihil de suo patrimonio queritur. homo imperitus morum, agricola et rusticus, ista omnia quae vos per Sullam gesta esse dicitis more, lege, iure gentium facta; culpa liberatus et crimine nefario solutus cupit a vobis discedere;

[¶24] 144. If he is freed from this unworthy suspicion, he says that he can give up all his property with equanimity. He begs and entreats you, O Chrysogonus, if he has converted no part of his father's most ample possessions to his own use; if he has defrauded you in no particular; if he has given up to you and paid over and weighed out to you all his possessions with the most scrupulous faith; if he has given up to you the very garment with which he was clothed, and the ring off his finger; if he has stripped himself bare of everything, and has excepted nothing—he entreats you, I say, that he may be allowed to pass his life in innocence and indigence, supported by the assistance of his friends.

> Latin: 144. si hac indigna suspicione careat, animo aequo se carere suis omnibus commodis dicit. oratque te, Chrysogone, si nihil de patris fortunis amplissimis in suam rem convertit, si nulla in re te fraudavit, si tibi optima fide sua omnia concessit, adnumeravit, appendit, si vestitum quo ipse tectus erat anulumque de digito suum tibi tradidit, si ex omnibus rebus se ipsum nudum neque praeterea quicquam excepit, ut sibi per te liceat innocenti amicorum opibus vitam in egestate degere.

[¶25] 145. “You are in possession of my farms,” says he; “I am living on the charity of others; I do not object to that, both because I have a calm mind, and because it is inevitable. My own house is open to you, and is closed against myself. I endure that. You are master of my numerous household; I have not one slave. I submit to that, and think it is to be borne.” What would you have more? What are you aiming at? Why are you attacking me now? In what point do you think your desires injured by me? In what point do I stand in the way of your advantage? In what do I hinder you? If you wish to slay the man for the sake of his spoils, you have despoiled him. What do you want more? If you want to slay him out of enmity, what enmity have you against him whose farms you took possession of before you knew himself? If you fear him, can you fear anything from him who you see is unable to ward off so atrocious an injury from himself? If, because the possessions which belonged to Roscius have become yours, on that account you seek to destroy his son, do you not show that you are afraid of that which you above all other men ought not to be afraid of; namely, that sometime or other their father's property may be restored to the children of proscribed persons?

> Latin: 145. mea tu possides, ego aliena misericordia vivo; concedo, et quod animus aequus est et quia necesse est. domus tibi patet, mihi clausa est; fero. mea maxima tu uteris, ego servum habeo nullum; patior et ferendum puto. vis amplius? quid insequeris, quid oppugnas? qua in re tuam voluntatem laedi a me putas? ubi tuis commodis officio? quid tibi obsto? spoliorum causa vis hominem occidere, spoliasti; quid quaeris amplius? si inimicitiarum, quae sunt tibi inimicitiae cum eo cuius ante praedia possedisti quam ipsum cognosti? si metus, ab eone aliquid metuis quem vides ipsum ab se tam atrocem iniuriam propulsare non posse? sin, quod bona quae Rosci fuerunt tua facta sunt, idcirco hunc illius filium studes perdere, nonne ostendis id te vereri quod praeter ceteros tu metuere non debeas ne quando liberis proscriptorum bona patria reddantur?

[¶26] 146. You do wrong, O Chrysogonus, if you place greater hope of being able to preserve your purchase, than in those exploits which Lucius Sulla has performed But if you have no cause for wishing this unhappy man to be afflicted with such a grievous calamity; if he has given up to you everything but his life, and has reserved to himself nothing of his paternal property, not even as a memorial of his father—then, in the name of the gods, what is the meaning of this cruelty, of this savage and inhuman disposition? What bandit was ever so wicked, what pirate was ever so barbarous, as to prefer stripping off his spoils from his victim stained with his blood, which he might possess his plunder unstained, without blood?

> Latin: 146. iniuriam, Chrysogone, si maiorem spem emptionis tuae in huius exitio ponis quam in eis rebus quas L. Lucius Sulla gessit. si tibi causa nulla est cur hunc miserum tanta calamitate adfici velis, si tibi omnia sua praeter animam tradidit nec sibi quicquam paternum ne monumenti quidem causa reservavit, per deos immortalis! quae ista tanta crudelitas est, quae tam fera immanisque natura? umquam praedo fuit tam nefarius, quis pirata tam barbarus ut, cum integram praedam sine sanguine habere posset, cruenta spolia detrahere mallet?

[¶27] 147. You know that the man has nothing, dares do nothing, has no power, has never harboured a thought against your estate; and yet you attack him whom you cannot fear, and ought not to hate; and when you see he has nothing left which you can take away from him—unless you are indignant at this, that you see him sitting with his clothes on in this court whom you turned naked out of his patrimony, as if off a wreck; as if you did not know that be is both fed and clothed by Caecilia, the daughter of Balearicus, the sister of Nepos, a most incomparable woman, who, though she had a most illustrious father, most honourable uncles, a most accomplished brother, yet, though she was a woman, carried her virtue so far, as to confer on them no less honour by her character than she herself received from their dignity.

> Latin: 147. hunc nihil habere, nihil audere, nihil posse, nihil umquam contra rem tuam cogitasse, et tamen oppugnas eum quem neque metuere potes neque odisse debes nec quicquam iam habere reliqui vides quod ei detrahere possis. Nisi hoc indignum putas, quod vestitum sedere in iudicio vides quem tu e patrimonio tamquam e naufragio nudum expulisti. vero nescias hunc et ali et vestiri a Caecilia Baliarici filia, Nepotis sorore, spectatissima femina, quae cum patrem clarissimum, amplissimos patruos, ornatissimum fratrem haberet, tamen, cum esset mulier, virtute perfecit ut, quanto honore ipsa ex illorum dignitate adficeretur, non minora illis ornamenta ex sua laude redderet.

[¶28] 148. Does it appear to you a shameful thing that he is defended with earnestness? Believe me, if, in return for the hospitality and kindness of his father, all his hereditary friends were to choose to be present and dared to speak with freedom, he would be defended numerously enough; and if because of the greatness of the injury, and because the interests of the whole republic are imperilled by his danger, they all were to punish this conduct, you would not in truth be able to sit in that place. Now he is defended so that his adversaries ought not to be indignant at it, and ought not to think that they are surpassed in power.

> Latin: 148. , quod diligenter defenditur, id tibi indignum facinus videtur? crede, si pro patris huius hospitiis et gratia vellent omnes huic hospites adesse et auderent libere defendere, satis copiose defenderetur; sin autem pro magnitudine iniuriae proque eo quod summa res publica in huius periculo temptatur haec omnes vindicarent, consistere me hercule vobis isto in loco non liceret. ita defenditur, non sane ut moleste ferre adversarii debeant neque ut se potentia superari putent.

[¶29] 149. What is done at home is done by means of Caecilia; the management of what takes place in the forum and court of justice, Messala, as you, O judges, see, has undertaken. And if he were of an age and strength equal to it, he would speak himself for Sextus Roscius. But since his age is an obstacle to his speaking, and also his modesty which sets off his age, he has entrusted the cause to me, who he knew was desirous of it for his sake, and who ought to be so, He himself, by his assiduity, by his wisdom, by his influence, and by his industry, has taken care that the life of Sextus Roscius, having been saved out of the bands of assassins, should be committed to the decisions of the judges. Of a truth, O judges, it was for this nobility that the greatest part of the city was in arms; this was all done that the nobles might be restored to the state, who would act as you see Messala acting; who would defend the life of an innocent man; who would resist injury; who would rather show what power they had in procuring the safety than the destruction of another. And if all who were born in the same rank did the same, the republic would be less harassed by them, and they themselves would be less harassed by envy.

> Latin: 149. domi gerenda sunt, ea per Caeciliam transiguntur, fori iudicique rationem M. Marcus Messala, ut videtis, iudices, suscepit; qui, si iam satis aetatis ac roboris haberet, ipse pro Sex. Roscio diceret. ad dicendum impedimento est aetas et pudor qui ornat aetatem causam mihi tradidit quem sua causa cupere ac debere intellegebat, ipse adsiduitate, consilio, auctoritate, diligentia perfecit ut Sex. Rosci vita erepta de manibus sectorum sententiis iudicum permitteretur., iudices, pro hac nobilitate pars maxima civitatis in armis fuit; haec acta res est ut ei nobiles restituerentur in civitatem qui hoc facerent quod facere Messalam videtis, qui caput innocentis defenderent, qui iniuriae resisterent, qui quantum possent in salute alterius quam in exitio mallent ostendere; quod si omnes qui eodem loco nati sunt facerent, et res publica ex illis et ipsi ex invidia minus laborarent.

[¶30] 150. But if, O judges, we cannot prevail with Chrysogonus to be content with our money, and not to aim at our life; if he cannot be induced, when he has taken from us everything which was our private property, not to wish to take away this light of life also which we have in common with all the world; if he does not consider it sufficient to glut his avarice with money, if he be not also dyed with blood cruelly shed—there is one refuge, O judges; there is one hope left to Sextus Roscius, the same which is left to the republic—your ancient kindness and mercy; and if that remain, we can even yet be saved. But if that cruelty which at present stalks abroad in the republic has made your dispositions also more harsh and cruel, (but that can never be the case,) then there is an end of everything, O judges; it is better to live among brute beasts than in such a savage state of things as this.

> Latin: 150. si a Chrysogono, iudices, non impetramus ut pecunia nostra contentus sit, vitam ne petat, si ille adduci non potest ut, cum ademerit nobis omnia quae nostra erant propria, ne lucem quoque hanc quae communis est eripere cupiat, si non satis habet avaritiam suam pecunia explere, nisi etiam crudelitati sanguis praebitus sit, unum perfugium, iudices, una spes reliqua est Sex. Roscio eadem quae rei publicae, vestra pristina bonitas et misericordia. si manet, salvi etiam nunc esse possumus; sin ea crudelitas quae hoc tempore in re publica versata est vestros quoque animos — id quod fieri profecto non potest — duriores acerbioresque reddit, actum est, iudices; inter feras satius est aetatem degere quam in hac tanta immanitate versari.

[¶31] 151. Are you reserved for this? Are you chosen for this? to condemn those whom cut-throats and assassins have not been able to murder? Good generals are accustomed to do this when they engage in battle—to place soldiers in that spot where they think the enemy will retreat, and then if any escape from the battle they make an onset on them unexpectedly. I suppose in the same way those purchasers of property think that you, that such men as you, are sitting here to catch those who have escaped out of their hands. God forbid, O judges, that this which our ancestors thought fit to style the public council should now be considered a guard to brokers!

> Latin: 151. eamne rem vos reservati estis, ad eamne rem delecti ut eos condemnaretis quos sectores ac sicarii iugulare non potuissent? hoc boni imperatores facere cum proelium committunt, ut in eo loco quo fugam hostium fore arbitrentur milites conlocent, in quos si qui ex acie fugerint de improviso incidant. similiter arbitrantur isti bonorum emptores vos hic, talis viros, sedere qui excipiatis eos qui de suis manibus effugerint. prohibeant, iudices, ne hoc quod maiores consilium publicum vocari voluerunt praesidium sectorum existimetur!

[¶32] 152. Do not you perceive, O judges, that the sole object of all this is to get rid of the children of proscribed persons by any means; and that the first step to such a proceeding is sought for in your oaths and in the danger of Sextus Roscius? Is there any doubt to whom the guilt belongs, when you see on one side a broker, an enemy, an assassin, the same being also now our accuser, and on the other side a needy man, the son of the murdered man, highly thought of by his friends, on whom not only no crime but no suspicion even can be fixed? Do you see anything else whatever against Roscius except that his father's property has been sold?

> Latin: 152. vero, iudices, vos non intellegitis nihil aliud agi nisi ut proscriptorum liberi quavis ratione tollantur, et eius rei initium in vestro iure iurando atque in Sex. Rosci periculo quaeri? Dubium est ad quem maleficium pertineat, cum videatis ex altera parte sectorem, inimicum, sicarium eundemque accusatorem hoc tempore, ex altera parte egentem, probatum suis filium, in quo non modo culpa nulla sed ne suspicio quidem potuit consistere? hic aliud videtis obstare Roscio nisi quod patris bona venierunt?

[¶33] 153. And if you also undertake that cause; if you offer your aid in that business; if you sit there in order that the children of those men whose goods have been sold may be brought before you; beware, in God's name, O judges, lest a new and much more cruel proscription shall seem to have been commenced by you. Though the former one was directed against those who could take arms, yet the Senate would not adopt it lest anything should appear to be done by the public authority more severe than had been established by the usages of our ancestors. And unless you by your sentence reject and spurn from yourselves this one which concerns their children and the cradles of their infant babes, consider, in God's name, O judges, to what a state you think the republic will arrive.

> Latin: 153. si id vos suscipitis et eam ad rem operam vestram profitemini, si idcirco sedetis ut ad vos adducantur eorum liberi quorum bona venierunt, cavete, per deos immortalis! iudices, ne nova et multo crudelior per vos proscriptio instaurata esse videatur. priorem quae facta est in eos qui arma capere potuerunt tamen senatus suscipere noluit, ne quid acrius quam more maiorum comparatum est publico consilio factum videretur, hanc vero quae ad eorum liberos atque ad infantium puerorum incunabula pertinet nisi hoc iudicio a vobis reicitis et aspernamini, videte, per deos immortalis! quem in locum rem publicam perventuram putetis!

[¶34] 154. It behoves wise men, and men endowed with the authority and power with which you are endowed, to remedy especially those evils by which the republic is especially injured. There is not one of you who does not understand that the Roman people, who used formerly to be thought extremely merciful towards its enemies, is at present suffering from cruelty exercised towards its fellow-citizens. Remove this disease out of the state, O judges! Do not allow it to remain any longer in the republic; having not only this evil in itself, that it has destroyed so many citizens in a most atrocious manner, but that through habituating them to sights of distress, it has even taken away clemency from the hearts of most merciful men. For when every hour we see or hear of something very cruel being done, even we who are by nature most merciful, through the constant repetition of miseries, lose from our minds every feeling of humanity.

> Latin: 154. sapientes et ista auctoritate et potestate praeditos qua vos estis ex quibus rebus maxime res publica laborat, eis maxime mederi convenit. nemo est quin intellegat populum Romanum qui quondam in hostis lenissimus existimabatur hoc tempore domestica crudelitate laborare. tollite ex civitate, iudices, hanc pati nolite diutius in hac re publica versari; quae non modo id habet in se mali quod tot civis atrocissime sustulit verum etiam hominibus lenissimis ademit misericordiam consuetudine incommodorum. cum omnibus horis aliquid atrociter fieri videmus aut audimus, etiam qui natura mitissimi sumus adsiduitate molestiarum sensum omnem humanitatis ex animis amittimus.