---
title: "For Sextus Roscius of Ameria · Pro Sex. Roscio Amerino"
author: "Cicero"
translator: "Charles Duke Yonge"
languages: [la, en]
shelf: "Classical Latin"
section: 4 of 4
url: https://scriptura.si/works/cicero-pro-roscio-amerino/4/
cite: "Cicero, tr. Charles Duke Yonge, For Sextus Roscius of Ameria · Pro Sex. Roscio Amerino, section 4. Scriptura (scriptura.si), https://scriptura.si/works/cicero-pro-roscio-amerino/4/"
---

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

*Cicero, tr. Charles Duke Yonge*

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

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

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

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

## 4. Sections 119–154

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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