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