[5_9] Character of the murdered man, Sex. Roscius the elder. His political affiliations. His old feud with T. Roscius Capito and T. Roscius Magnus. The murder. Suspicion points to Magnus as procurer of the crime and to Capito as at least accessory after the fact.

[5] hujusce , of my client.

municeps Amerinus , a citizen of the free town Ameria. The Latin uses an adj. of possession when it can, often where the English prefers of: § 343 , a (190); B. 354, 4; G. 362, R.1; H. (395, N.2). Cf. Aeneid, 2. 55 , 487 , etc.

hospitiis , guest-friendships. The hospitium was a relation between individuals of different cities or states, at a time when there were no international relations ; it included the duties of hospitality and protection, was transmitted from father to son, and was vouched for by a ticket ( tessera). Roscius not only had this formal relation to several of the greatest families at Rome, but he was also on intimate terms of personal friendship with them. Hence, in line 27, domesticus . . . consuetudo , intercourse and companionship [with them] in their homes.

honestatis . . . gratia (so honoris causa , § 17 ), with all honor. It seems to have been held a liberty to mention the name of any person of quality in a public address ; hence such mention is generally accompanied by a form of compliment. Cf. the modern parliamentary usage of referring to members of a deliberative body by the names of their offices (or as the "gentleman from ") rather than by their own names.

hoc solum , i.e. the hospitium

domestici , of his own house.

ereptum possident , have seized and now hold: § 496 , N.2 (292, R.) ; G. 664, R.1; H.639 (549,5); H.-B. 604, 1 ; possidere does not signify to own, in the modern sense, but merely to hold or occupy .

innocentis , i.e. fili : in Latin any noun may be left out if there is an adj. or a participle to determine its case.

defenditur : Cicero skillfully contrives to keep before the jury the fact that Roscius has powerful friends who desire his acquittal.

[6] This section tells of Roscius's political associations. He was a favorer of the nobility (Sulla's party), and therefore had nothing to fear from the proscription instituted by Sulla after his final victory over Marius. These facts are skillfully brought in at this point so as to prepare the jurors for the statement, made later, that the insertion of Roscius's name in the proscription list after his murder was manifestly part of a plot to get possession of his estate. They also prepare for the exoneration of Sulla (in sect. 12 ). since it was not to be supposed that he would have consented to the proscription of so zealous a member of his own party. Throughout the oration Cicero is under the necessity of holding the dictator blameless.

cum , when, introducing the general situation ; tum , the particular circumstance.

omni tempore , at all times, as opposed to the time of the Civil War: notice the emphatic position.

hoc tumultu , this last disturbance (euphemistic): i.e. the final scenes of the Civil War of Marius and Sulla, which Cicero will not call bellum.

cum , at a time when .

in discrimen veniret (subj. of characteristic, not simply cum temporal), was at stake.

rectum : render no more than right (thus giving the emphasis of its position).

se pugnare , simply to fight-: object of putabat , while rectum is an adj. in pred. apposition with se pugnare .

honestate , honestissimus refer respectively to the rank and dignity of these great families and the credit which his connection with them gave him in his own neighborhood.

victoria , i.e. of Sulla's party.

proscriberentur : the number of the proscribed in Sulla's time was 4,700. "Whoever killed one of these outlaws was not only exempt from punishment, like an executioner duly fulfilling his office, but also obtained for the execution a compensation of 22,000 denarii (nearly $2400); any one, on the contrary, who befriended an outlaw, even his nearest relative, was liable to the severest punishment. The property of the proscribed was forfeited to the state, like the spoil of an enemy ; their children and grandchildren were excluded from a political career, and yet, so far as of senatorial rank, were bound to undertake their share of senatorial burdens." (Mommsen.) At first only the names of those who had justly forfeited their lives were proscribed ; afterwards it became easy for friends and favorites of the dictator (like Chrysogonus, attacked in this oration) to put upon the list the names of innocent men, and even of men already dead, so as to work confiscation of their property. Sulla's proscriptions nominally ceased June 1, B.C. 81.

erat Romae : this shows that he had no reason to fear the proscription.

frequens : § 290 (191); B. 239; G. 325, R.6; H. 443 (497); H.-B. 245.

ut . . . videretur , clause of result.

[7] Inimicitiae , causes or occasions of enmity: for the plur., see § 100 , C (75, c) ; B. 55, 4, c; G. 204, N.5 ; H. 138, 2 (130, 2); H.-B. 240, 5, b. By this sentence Cicero suggests to the jury what he afterwards develops in the argument, - that a motive for the murder existed in the case of the Titi Roscii. He thus prepares the way for the elaborate countercharge (omitted in this book) made against these two later in the oration. Observe the emphasis that comes from the juxtaposition of sects. 6 and 7 : Roscius had nothing to fear from the proscription. He had enemies, however, - the very men who are now prosecuting his son.

accusatorum : prosecutions might be brought by private persons (as by Cicero against Verres). In this instance these two Roscii were associated with Erucius as prosecutors.

hujusce , of my client- (see note on sect. 9 , below).

neque enim , nor, you see .

injuria : used adverbially.

isti , i.e. of the party of prosecution. Iste, the so-called "demonstrative of the second person," is regularly used of one's opponent in a suit or debate, as hic is used of one's client. See § 297 , a, c (102, a, c) ; B. 87 ; G.306; H. 505(450); cf. H.-B. 271, a.

Capitoni , following cognomen: § 373 , a (231, b) ; B. 190, 1 ; G. 349, R.5; H. 430, 2 (387, N.1) ; H.-B. 326, 3.

palmarum , prizes: sarcastically spoken, as if his many acts of violence had been victories in gladiatorial fights.

nobilis , famous (as of artists, actors, etc.).

hic , the one here present (Magnus) ; eum (next line), referring to the one just mentioned, the absent one (Capito).

lanistam (in app. with eum ) carries out the sarcastic figure of palmarum and gladiator .

quod sciam , so far as I know: sc. id; adv. acc., § 397 , a (240, b) ; B. 283, 5; G. 331, 1 ; H. 416 (378, 2); cf. H.-B. 388, a: i.e. he must have been a mere apprentice ( tiro ) at the trade: "this is the first of his actual murders that I know of." For mood, see § 535 , d (320, d) ; B. 283, 2 ; G. 627, R.1 ; H.591, 3 (503, 1, N.1) ; H.-B. 521, 1, f. (Passages in brackets in the text are thought to be spurious insertions.)

[8] hic , this man (with a gesture), i.e. here at my side (my client) ; iste , that man, i.e. there on the accusers' bench (Magnus).

-26 cum . . . esset : parenthetical (repeating, in greater detail, the clause that precedes).

Observe that Cicero remarks (as it were, casually) that in thus devoting himself to a rural life, the younger Roscius was obeying his father's wishes. This prepares the way for his subsequent assertion (sect. 23 ) that there was no ill-will between father and son, — an important matter in the question of motive. It also anticipates the answer given in sect. 22 to the argument that the defendant was a rude, boorish fellow, of gloomy and sullen disposition, and therefore likely to have committed murder. The effectiveness of a forensic discourse depends in great part on the skill with which the mind of the hearer is prepared, by such apparently insignificant remarks, for a definite assertion or argument that is to follow.

iste : T. Roscius Magnus ; the repetition of the words frequens , etc., emphasizes the suggestion that he was likeliest to be the murderer.

Palacinas : the reading is uncertain, and the place unknown.

hunc , i.e. my client.

judicatote : § 449 (269, d) ; B. 281, 1, a ; G. 268, 2 ; H.560, 4 (487, 2); H.-B. 496. The second or longer form of the imperative is regular where the action is not to be performed immediately, especially when a future appears in protasis: § 516 , d (307, d); B. 302,4; G. 595; H.580 (508,4); cf. H.-B. 582, 1.

[9] Ameriam nuntiat , brings the news to Ameria ; domum , two lines below, shows the same construction.

T. Capitonis : Cicero thus insinuates that Magnus and Capito had planned the murder together. The speed with which the one sent the news to the other was, of course, suspicious, as well as the further proceedings described in sects. 10 and 11 , including the proscription and the sale of the property.

inimici : cf. the same word in lines 7 and 8. The reason for thus harping on the inimicitiae mentioned in sect. 7 , above, must be evident.

horam primam : the night from sunset to sunrise was divided into twelve hours.

nocturnis : the travelling would be more difficult and slow in the night, though the night hours would be longer than the day hours in the late autumn or winter, when the murder is thought to have been committed.

cisiis : the plural form shows that there were relays of carriages.

[10_12] The two Titi Roscii communicate with Chrysogonus, who has the name of the murdered man inserted in the proscription list and buys his confiscated estates for a nominal sum. Capito receives three farms for his share. Magnus is made the agent of Chrysogonus to take possession of the others. No blame attaches to Sulla, who was ignorant of what was going on.

[10] quadriduo , etc.: we should say within four days from the time when.

in castra : the idea of motion, vividly conceived, suggests the acc. of place as well as person ; we should say " to Chrysogonus in Sulla's camp at V."; § 428 , j (259, h) ; B. 182, 2, b; G. 337, R.6; H.-B. 450, c.

Volaterras . "Here some of the Etruscans and of those proscribed by Sulla made a stand and were blockaded for two years, and then surrendered on terms."

defertur : this word implies an intentional conveying of the information, as if in the manner of a formal report.

fundos , different estates i.e. lands or buildings, whether in town or country.

tris = tres: the acc. termination in - is remained in this and a few other words for a considerable time after the form in - es became the more common.

Tiberim : the nearness of the river facilitated both irrigation and transportation, and so added much to the value of the estates.

splendidus , eminent: the regular complimentary epithet of equites and persons of similar rank ; gratiosus , in favor: referring to his relations with great families, which Cicero takes care never to let the jury forget.

nullo negotio , without any difficulty.

ne teneam , not to detain you: a purpose clause after some verb of saying, etc., which is regularly omitted, as in English ; § 532 (317, e); B. 282, 4; G. 688; H.568, 4 (499, 2, N.) ; H.-B. 502, 2, c.

[11] cum , etc.: the proscriptions nominally ceased June 1, B.C. 81 ; the murder was committed some months after this date (see below sect. 39 ).

jam , already (with reference to time preceding) ; nunc would refer only to the moment itself.

defunctos , rid of, sc. esse.

studiosissimi . devoted to the party of Sulla, and so not likely to be proscribed (see note to sect. 6 . p. 3, l. 32 . above).

vel (emphasizing the superlative), the very , etc.

propria , as his own .

iste , yonder, on the accusers benches.

nomine , i.e. as agent.

impetum facit , makes a raid upon, implying violence, as of a charge in battle.

duobus milibus nummum , i.e. about $100: § 633 (378) ; H.757 (647) ; H.-B. 675, I. They are estimated in ch ii to have been worth $300,000.

[12] Since Chrysogonus was a favorite of Sulla's, Cicero had to be careful not to appear to attack the Dictator. Hence he interrupts the story of the plot to express his certainty that Sulla had not known what was going on, and to excuse him on the ground of the pressure of public business.

certo scio , I feel sure: § 322 , c (151, c).

neque enim : negative of et enim, introducing a point obvious or indisputable, for, you see, it is not surprising (cf. p. 4, l. 16 , above) ; § 324 , h (1 56, d) ; cf. H.-B. 311,6 and b.

mirum [ est] is the apodosis and si . . . animadvertat ( p. 6, l. 4 ) is the protasis. mirum [ est] is the main clause of the whole period ; the long parenthesis (lines 29-4) consists of a string of causal clauses with cum (which may be translated either when or since).

praeparet , must provide for .

pacis . . . rationem , i.e. the ordering of the new constitution.

si aliquid (more emphatic than si quid ) non animadvertat , if there is something he does not notice protasis with mirum [ est], above ; § 572 , b, N. (333, b, R.) ; G. 542, N.1.

ut . . . moliantur (clause of purpose), that as soon as he turns away his eyes they may get up something of this sort.

despexerit , perf. subj.: § 593 (342); B. 324, 1; G. 663, 1; H. 652 (529, ii); H.-B. 539; for fut. perf., § 484 , c (286, end) ; B. 269, I, b; G. 514; H. 541, 2 (496, ii); H.-B. 470, 1, footnote 1.

huc accedit , add to this. Notice the difference of order and consequently of emphasis between huc accedit ( add to this) here, and accedit illa ( there is in addition) in sect. 4 , above.

quamvis felix sit , however fortunate he may be: § 527 , a (313, a) ; B. 309, 1 ; G. 606; H. 586,11(515, iii); H.-B. 532, 2. Sulla was so impressed with his own good fortune, that he assumed the agnomen Felix, which implied, according to ancient notions, the peculiar favor of the gods (See Manil., sect. 47 .)

familia , household of slaves and dependents (see under sect 35).

qui habeat as to have § 535 a (320 a) B. 283, 2; G 631 2; H 589 ii (500 i) H.-B. 521, 1.

libertum : a freedman still remained attached to his former master (now his patronus) often lived in his family did various services for him, and stood towards him in relation somewhat like that of a son under the patria potestas. Towards others he was a libertinus fully free but with some political disqualifications ; towards his former master he was a libertus.

[13_17] The younger Roscius is ejected from his estates by T. Roscius Magnus. The Amerians send delegates to Sulla to protest ; but the purpose of the delegation is frustrated by Capito. Roscius the younger takes refuge with Caecilia, a friend of his father's at Rome.

[13] qui . . . solvisset though he had not yet etc: § 535 e (320, e); B. 283, 3; G. 634; H. 593, 2 (515, iii) H. B. 533.

omnia . . . justa , all the due rites of burial these ended with a sacrifice on the ninth day ( novemdialia) after the death or burial ; paterno funeri is indir obj. of solvisset (lit had not yet paid all due rites to his father's funeral)

pecuniae , property qui (causal) . . . fuisset since he had been etc.: § 535 , e (320, e); B. 283, 3; G. 633; H. 592 (517); H. B. 523.

ut fit , as generally happens.

insolens , here wasteful and extravagant.

domum suam : § 428 , k (258, b, N.1); G. 337, R. 3; H.419 (380, 2); H.-B. 454, I.

auferebat , began to, etc.: § 471 , C (277, c) ; B. 259, 2; G. 233 ; H.535, 3 (469, 3); cf. H.-B. 484.

urbe tota : § 429 ,2 (258,f 2); B. 228, 1, b; G. 388; H. 455, I (425, ii, 2); H.-B. 436, a.

[14] This section, though in form a mere statement of the reasons that prompted the Amerians to send a delegation to Sulla, is in fact and intent a brief and powerful recapitulation of the history of the conspiracy. Its effect is to strengthen the impression which Cicero has from the first been trying to produce: namely, that the murder was the first act in the plot of the two Titi Roscii, the latest act being the false charge brought against his client.

iter , right of way, such as was usually reserved in case of the sale of any estate on which was a family burial-place ; by the proscription this right was cut off.

bonorum emptio : the technical term denoting purchase at public sale.

furta refers to clam ; rapinae to palam , above.

[15] decurionum : these constituted the municipal senate or city council. The decem primi were a standing executive committee of the town, to whom, in this instance, an unusual piece of business was entrusted. If the delegates had been a special committee appointed expressly to report the case to Sulla, Capito, one of the conspirators, would hardly have been chosen a member.

qui vir , what sort of man, i.e. especially in his political principles. The delegates were apparently to certify to the fact that Roscius had been of Sulla's party.

ut . . . velit , that he will consent.

decretum : the decree was here read to the court, but it has not been preserved. Its reading must have produced considerable effect. It was not only important testimony to the innocence of the younger Roscius, but it was introduced by Cicero at such a point in the case as to repeat and confirm the summary of the plot just given.

id quod , as (see note on p. 2, l. 16 , above).

nobilis , acc. plur.

ab eis qui peterent , to beg of them : § 531 , 2 (317, 2); B. 282, ; G. 630; H.590 (497,i); H.-B. 502,2; eis refers to the decem primi

ne . . . adirent , obj. of peterent .

vellent : § 580 (336, 2); B. 314, I; G. 508, 2; H. 643 (524); H.-B. 534, 2.

pollicerentur , same constr. as peterent .

[16] antiqui , of the old stamp, i.e. plain, honest men.

ex sua natura , after their own nature.

ceteros , subj. of esse understood, depending on fingerent , imagined.

confirmaret , assured them .

re inorata , without having stated their case: the primary meaning of oro implies not entreaty, but statement or argument (cf. orator).

reverterunt : the active form of this verb is found only in the tenses of the perfect stem; otherwise it is deponent.

isti , i.e. Chrysogonus and Capito.

lentius , less energetically. (On account of the natural correlation of opposites, it is often convenient to translate adjectives and adverbs by the negative of their contraries.)

nihil agere , i.e. refrain from action.

deludere , [and thus] to make fools of the Amerians (by having rendered their whole embassy in effectual).

id quod , etc., as we may easily infer this point is an inference not, like the rest, an attested fact.

neque . and . . not, the negative qualifying posse : and judge that they can no longer, etc. In English the negative is placed near the verb; in Latin it is attracted by the connective, and so often stands at the beginning of the clause.

domino incolumi (abl. abs.), so long as the owner was alive.

[17] hic , my client.

de , in accordance with .

cognatorum , blood-relations: these were accustomed to hold a consilium, or formal deliberation, on important family affairs,—like the modern 'family council' of the French.

Caeciliam : see sect. 50 .

honoris causa : cf. note on sect. 5 , p. 3, l. 28 , above.

qua . . . plurimum , whose especial friendship his father had enjoyed.

Id quod , etc., i.e. she showed on this occasion ( nunc ) the generous traits which everybody supposed she possessed

quasi causa as if to serve as a model.

antiqui offici , old-fashioned fidelity: officium means the performance of duties as well as the duties themselves

domo , without the prep., while bonis requires ex § 42 ;7 I (258, a); B. 229, 2, b; G. 390, 2; H.462, 4 (412, ii i) H-B 451 a

vivus . . . referretur , brought alive to trial, rather than murdered and put on the proscription list § 5

; (332;, a); B. 297 ; G. 553, i; H.571, 1 (501, i); cf. H.-B. 521, 3, a. This implies that their first plan was to treat him as they had treated his father but that, frustrated in this, they have trumped up a charge of parricide against him.

[18_19] The conspirators bring a charge of parricide against the younger Roscius, thinking that, for political reasons, nobody will dare defend him. The condition of Roscius is indeed miserable, but an advocate, however inefficient, has been found in the person of the speaker.

[18] ut . . . deferrent, compararent, pugnarent : subst. clauses of purpose in app. with consilium, 1.6; § 561 , a,563 (331, headnote); Cf. B. 295; G. 546, N.2; H. 564 (499, 3); H.-B. 319 c.

nomen deferrent , i.e. lay a formal charge before the president of the proper court.

de parricidio : § 353 ,2 (220, b, 2); G. 378, R.2; H.456,3 (410, ii, 3); H.-B. 342, b.

veterem , old in the trade: the reign of terror through which Rome had just passed had given ample practice.

de ea re , etc., in a case in which, etc.

posset , clause of purpose, rather than result (but the two constructions approach each other so closely that it is not always possible to distinguish between them).

subesset , subj. of char.

suspicio , i.e. should be able, from his skill as a prosecutor, to make a show of a case even when there was no ground for suspicion against the accused.

crimine (abl. of means), on the charge itself, i.e. by any strength in the incriminating evidence.

poterant : indicative as being their reason given by Cicero on his own authority; § 540 (321); B. 286, 1; G. 540; H.588, 1 (516, i); H.-B. 554, 555.

tempore (opposed to crimine ), the circumstances of the times (i.e. partly the generally disturbed condition of the state, partly the fact that the courts were now first reopened, after their reorganization by Sulla).

loqui : historical infin.; § 463 (275); B. 335; G. 647; H.610 (536,1); H.-B. 595.

tam diu , i.e. during the Civil War.

eum , the man (i.e. any one).

oportere , was sure to .

qui primus : this was the first case that came before the Quaestio inter Sicarios .

adductus esset : for fut. perf. of direct disc.

huic : the emphatic position may be rendered by in his case. B 14 gratiam , favor or influence, i.e. with Sulla.

fore ut , etc.: the usual periphrasis for the fut. infin. pass.; the supine with iri is rare.

nullo negotio : cf. § 10 , p. 5, l. 15 .

tolleretur : cf. de medio tolli, § 10 .

nullo : for the abl. of nemo, which is never used.

atque adeo , or rather .

quem : the antecedent is eum below.

jugulandum , i.e. for judicial murder: § 500 , 4 (294, d); B. 337, 7, b, 2; G. 430; H. 622 (544, N.2); H.-B. 605, 2.

[19] querar , deliberative subj.: § 444 (268); B. 277; G. 265; H. 559, 4 (484, v); H.-B. 503.

unde , where, lit. whence: the Latin conceives the speaker as proceeding from some point, whereas the English represents him as beginning at some point.

potissimum (superl. of potius, as if rathest), best (rather than anywhere else); cf. sect. 1 , 1.3.

summam potestatem , unlimited power (i.e. with respect to rendering a verdict).

fidem , i.e. the protection required by good faith.

pater , etc.: these nominatives are in no grammatical construction, but are used to enumerate in a vivid way the crimes of the conspirators afterwards referred to by his (l. 26); cf. § 497 (292, a); B. 337, 5; G. 664, R.2; H. 636, 4 (549, N.2); H.-B. 608, 2.

infesta , imperilled .

nefariis , abl of instr. after cumulant : the idea in Latin is that of making a heap of what already exists, by means of other things piled on it (hence acc. and abl.); but translate, upon these they heap up other infamies.

hujusce (emphatic instead of ejus): translate by his own .

condicionem , terms (or dilemma): as containing the idea of a bargain, it is followed by ut ; § 563 , d (331, d); cf. B. 295,4; G. 546, N.2; H.564, iii (498, 1); H.-B. 502, 3, a.

cervices : this word is used by early writers in the plural only.

insutus in culeum : the old punishment for a parricide was to be "beaten with blood-red rods, then sewed into a sack, with a dog, a cock, a viper, and an ape, and thrown into the deep sea" (see below, sect. 29 ).

patronos : Cicero's modesty will not allow him to call himself a patronus (cf. note on p. 3, l. 17 ).

qui . . . dicat , purpose-clause: the antecedent is the subject of deest, below.