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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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?
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?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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;
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.”
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?
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?
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).
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.
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.
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.
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?
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?
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.
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.
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.
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.
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.
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?
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.
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.
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?
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.
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.
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.
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?
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.
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.
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.
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.
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.
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.
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.