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V. Peroratio

The attack on Chrysogonus is Cicero's: Roscius asks for life alone. Feigned appeal to Chrysogonus to spare his victim. Powerful friends of Roscius.

With sect. 47 begins the last formal division of the speech, the peroratio. This consists, as was common with Roman advocates, in an appeal to the sympathy of the court (there is a good example in the Closing portion of Cicero's Defence of Milo).

[47] mea , emphatic. Cicero wishes to avoid prejudice to his client by himself assuming sole responsibility for these words. At the same time this section serves as a skillful means of transition.

It is so important for Cicero to show that this Case has no political bearings that he has been forced to abandon the question of the murder for a time, and to discuss the illegal sale of the property. He must now return to the charge against his client, and he does so by remarking that Roscius has no complaint to make of his treatment by Chrysogorius if the latter will only let him off with his life.

morum , the ways of men .

vos , i.e. Chrysogonus and his abettors in the accusation;

vos is expressed, not as being specially emphatic, but from the Latin fondness for contrasting persons with each other.

more , in the regular way .

jure gentium : the "law common to all nations," as opposed to jus civile, or law of the state ; thus it is used as nearly equivalent to natural right.

a vobis , i.e. once clear of guilt, and acquitted of this shocking crime, he will leave you unmolested.

rogat : a feigned appeal to his persecutors, intended to move the compassion of the jury for Roscius and their indignation against Chrysogonus.

in suam rem : in a former passage (omitted in this edition) allusion is made to a charge that Roscius had fraudulently kept back part of his father's property.

concessit , etc., has given up (the immovable property), counted and weighed (the rest).

anulum , probably the gold ring indicating his rank as eques.

se ipsum , etc., and has reserved nothing else besides his naked self

[48] quod . . . quia : § 540 (321); B. 286, I; G. 540; H. 588, 1(516, i) ; H.-B. 554,555.

praeter ceteros , more than anybody else.

ne quando : i.e. some time when there comes a political reaction.

patria , of their fathers .

[49] facis injuriam , i.e. you do wrong (i.e. to Sulla).

majorem spem : in this and the preceding sentence Cicero artfully suggests that Chrysogonus has no confidence that Sulla's constitution will last, and that he therefore wishes to remove a dangerous claimant in case of another political overturn. This insinuation would, of course, tend to prejudice the partisans of Sulla against Chrysogonus.

cruenta (pred.): the expression of the thought is made more vivid by the use of words exactly appropriate to the killing of a man and the stripping ( detrahere ) of his dead body.

[50] rem tuam , your interests .

quasi . . . nescias , as if you did not know: § 524 (312); B. 307, I and 2 ; G. 602 ; H. 584, 2 (513, ii and N.1) ; H.-B. 504, 3 and a.

spectatissima , most estimable; the friends of Roscius are purposely exalted, in order to influence the court.

cum , concessive.

cum esset , though she was, etc.

femina , mulier : observe the distinction between the words, the latter being always used in speaking of the tenderness of the feminine nature.

quanto : translate however much (though the Latin is definite) ; the usual correlative is supplied by non minora , fully as great .

[51] Observe the clever transition. Cicero suggests that, since there are no other assignable causes for the implacability of Chrysogonus, perhaps he may be offended by the zeal of the defence. This enables him to pass at once to an emphatic assertion of the influential connections of his client.

pro patris , etc., in accordance with his father's friendly relations and personal influence (see above, sect. 1 ), i.e. by an advocacy proportionate in number and influence to the number and attachment of his father's friends.

sin . . . vindicarent , i.e. if all the citizens were disposed to right his wrongs.

pro eo , etc., in view of the fact that (i.e. with a due regard to the way in which) the highest interests of the State ( summa res publica ) are assailed .

haec , these outrages. Observe that English often requires descriptive words which the Latin can omit as being implied in the context.

consistere , etc., hinting that the accusers would be in danger of violence.

nunc , as it is ("as things stand": opposed to the preceding suppositions).

sane , I'm sure.

[52] quae domi , i.e. the personal protection of Roscius, supply of money, providing of witnesses, etc.

fori . . . rationem , the business of forum and court, i.e. the preliminaries of the trial.

ut videtis , i.e. he is here in court.

aetas , youth.

adsiduitate , constant presence, probably at the preliminary proceedings.

sectorum , a pun: the word means both buyers (of confiscated property) and cut-throats.

hac nobilitate , i.e. such nobles as he.

haec res , the present state of things.

ei , such.

qui . . . facerent : in this Clause (as often in Latin) purpose and result approach so Close]y as to be indistinguishable.

loco , rank in life.

[5_57] Final appeal to the jurors.

[53] nostra , nobis : identifying himself with his Client.

si . . . habet , if he is not content (lit. does not regard [it] as enough).

nisi , etc., unless his cruelty is also sated with blood (lit. blood is furnished to his cruelty).

hoc tempore , in these times .

versata est , has prevailed .

versari , live.

[54] ad eamne rem , is it for this that , etc.

solent , the emphat. position may be represented by translating, it is the custom, etc.

qui excipiatis , to cut off

consilium : the jury, or body of judices, was called consilium. By calling it a public council, Cicero enhances its dignity and importance.

[55] an vero , or can it be true that, etc. In this use of an, the first question is omitted, and the second is often a reductio ad absurdum, as here. The full thought is, " Do you not agree with me, or can it really ( vero ) be?" etc. See § 335 , b (211, b) ; B. 162, 4, a; G. 457, I ; H. 380, 3 (353, N.4) ; H.-B. 236.

agi , is their object ( aliquid agere is to aim at something).

ut . . . tollantur , that . . . be got rid of in one way or another.

in vestro jurejurando , i.e. in the severity which your oath might seem to bind you to exercise.

periculo , the case (often used with reference to defendants).

ad quem . . . pertineat , i.e. on whom the suspicion rests.

sectorem . . . accusatorem , i.e. T. Roscius Magnus, at once purchaser, enemy, cut-throat, and accuser.

[56] obstare , stands against (cf. sect. 20 , above).

suscipere noluit : the law by which the proscriptions were instituted was passed by the people directly, without the action of the Senate.

more majorum , i.e. that every capital judgment was subject to an appeal to the people in the comitia centuriata.

publico consilio , i.e. by their official action.

eorum , refers back to eos , l. 18, above.

reicitis , etc., pres. for fut.: § 468 (276, c) ; G. 228 ; H. 533, 2 (467,5); H.-B. 571.

[57] quibus : the antecedent is eis (l. 27).

quin intellegat : § 559 (319,d); B. 284, 3; G. 556; H. 595 (504, I); H.-B. 521, l.

pati nolite , do not suffer: § 450 , I (269, a) ; B. 276, c ; G. 271, 2 ; H. 561, I (489, I); H.-B. 501, 3, a, 2.

hominibus , etc., has taken from the gentlest of men the sense of mercy, through familiarity with distress (lit. in plur.). For the dative, see § 381 (229); B. 180, 2, d; G. 345 and R.1 ; H. 429 (386); H.-B. 371.

Notes on Pro S. Roscio Amerino. James Bradstreet Greenough. ed. James Bradstreet Greenough, ed. George Lyman Kittredge. Boston. 1897.

Sponsored by Perseus Project, Tufts University.

Funding provided by The National Endowment for the Humanities.

Current edition Perseus

Notes on Pro S. Roscio Amerino (English) (Select Orations of Cicero (Allen and Greenough's Edition). Greenough, James Bradstreet; Kittredge, George Lyman, editors. Boston, London: Ginn & Company, 1897.)

Editions (1)

Pro Sex. Roscio Amerino Perseus (Cicero. M. Tulli Ciceronis Orationes, Volume 1. Clark, Albert Curtis, editor. Oxford: Clarendon Press, 1908.) — 5 focus

[5] 2 his de causis ego huic causae patronus exstiti, non electus unus qui maximo ingenio sed relictus ex omnibus qui minimo periculo possem¹ dicere, neque uti satis firmo praesidio defensus Sex. Roscius verum uti ne omnino desertus esset.

forsitan quaeratis qui iste terror sit et quae tanta formido quae tot ac talis viros impediat quo minus pro capite et fortunis alterius quem ad modum consuerunt² causam velint dicere. quod adhuc vos ignorare non mirum est, propterea quod consulto ab accusatoribus eius rei quae conflavit hoc iudicium mentio facta non est.

[6] quae res ea est? bona patris huiusce Sex. Rosci quae sunt sexagiens, quae de³ viro fortissimo et clarissimo⁴ L. L ucio Sulla, quem honoris causa nomino, duobus milibus nummum sese dicit emisse adulescens vel potentissimus hoc tempore nostrae civitatis, L. L ucius Cornelius Chrysogonus. is a vobis, iudices, hoc postulat ut, quoniam in alienam pecuniam tam plenam atque praeclaram nullo iure invaserit, quoniamque ei pecuniae vita Sex. Rosci obstare atque officere videatur, deleatis ex animo suo suspicionem omnem metumque⁵ tollatis; sese hoc incolumi non arbitratur huius innocentis patrimonium tam amplum et copiosum posse obtinere, damnato et eiecto sperat⁶ se posse quod adeptus est per scelus, id per luxuriam⁷ effundere atque consumere. hunc sibi ex animo scrupulum qui se dies noctesque stimulat ac⁸ pungit ut evellatis postulat, ut ad hanc suam praedam tam nefariam adiutores vos profiteamini.

[7] si⁹ vobis aequa et honesta postulatio¹⁰ videtur, iudices, ego contra brevem postulationem adfero et, quo modo mihi persuadeo, aliquanto aequiorem. 3 primum a Chrysogono peto ut pecunia fortunisque nostris contentus sit, sanguinem et vitam ne petat; deinde a vobis, iudices, ut audacium sceleri resistatis,¹¹ innocentium calamitatem levetis et in causa Sex. Rosci periculum quod in omnis intenditur propulsetis.

[8] quod si aut causa criminis aut facti suspicio aut quaelibet denique vel minima res reperietur¹² quam ob rem videantur illi non nihil tamen in deferendo nomine secuti, postremo si praeter eam praedam quam dixi quicquam aliud causae inveneritis, non recusamus quin illorum¹³ libidini Sex. Rosci vita dedatur. sin aliud agitur nihil nisi ut eis ne quid desit quibus satis nihil est, si hoc solum hoc tempore pugnatur ut ad illam opimam praeclaramque praedam damnatio Sex. Rosci velut cumulus accedat, nonne cum multa indigna tum vel hoc indignissimum est, vos idoneos habitos per quorum sententias iusque iurandum id adsequantur quod antea ipsi scelere et ferro adsequi consuerunt¹⁴? qui ex civitate in senatum propter dignitatem, ex senatu in hoc consilium delecti estis propter severitatem, ab his¹⁵ hoc postulare homines sicarios atque gladiatores, non modo ut supplicia vitent quae a vobis pro maleficiis suis metuere atque horrere debent verum etiam ut spoliis ex¹⁶ hoc iudicio ornati auctique discedant?

[9] 4 his de rebus tantis tamque atrocibus neque satis me commode dicere neque satis graviter conqueri neque satis libere vociferari posse intellego. nam commoditati ingenium, gravitati aetas, libertati tempora sunt impedimento. huc accedit summus timor quem mihi natura pudorque meus attribuit et vestra dignitas et vis adversariorum et Sex. Rosci pericula¹⁷. quapropter vos oro atque obsecro, iudices, ut attente bonaque cum venia verba mea audiatis.

[10] fide sapientiaque vestra fretus plus oneris sustuli quam ferre me posse intellego. hoc onus si vos aliqua ex parte adlevabitis, feram ut potero studio et industria, iudices; sin a vobis, id quod non spero, deserar, tamen animo non deficiam et id quod suscepi quoad potero perferam. quod si perferre non potero¹⁸, opprimi me onere offici malo quam id quod mihi cum fide semel impositum est aut propter perfidiam abicere aut propter infirmitatem animi deponere.

[11] te quoque magno opere, M. M arci Fanni, quaeso ut, qualem te iam antea populo Romano praebuisti, cum huic eidem¹⁹ quaestioni iudex²⁰ praeesses, talem te et nobis et rei²¹ publicae hoc tempore impertias. 5 quanta multitudo hominum convenerit ad hoc iudicium vides; quae sit omnium mortalium exspectatio, quae cupiditas ut acria²² ac severa iudicia fiant intellegis. longo intervallo iudicium inter sicarios hoc primum committitur, cum interea caedes indignissimae maximaeque factae sunt²³; omnes hanc quaestionem te praetore manifestis maleficiis cotidianoque sanguine dignissimam²⁴ sperant futuram.

[12] qua vociferatione in ceteris iudiciis accusatores uti consuerunt, ea nos hoc tempore utimur qui causam dicimus. petimus abs te, M. M arce Fanni, a vobisque, iudices, ut quam acerrime maleficia vindicetis, ut quam fortissime hominibus audacissimis resistatis, ut hoc cogitetis, nisi in hac causa qui vester animus sit ostendetis²⁵, eo prorumpere hominum cupiditatem et scelus et audaciam ut non modo clam verum etiam hic in foro ante tribunal tuum, M. M arci Fanni, ante pedes vestros, iudices, inter ipsa subsellia caedes futurae sint.

[13] etenim quid aliud hoc iudicio temptatur nisi ut id fieri liceat? accusant ei qui in fortunas huius invaserunt, causam dicit is cui praeter calamitatem nihil reliquerunt; accusant ei quibus occidi patrem Sex. Rosci bono fuit, causam dicit is cui non modo luctum mors patris attulit verum etiam egestatem; accusant ei qui hunc ipsum²⁶ iugulare summe cupierunt, causam dicit is qui etiam ad hoc ipsum iudicium cum praesidio venit ne hic ibidem ante oculos vestros trucidetur; denique accusant ei quos populus poscit, causam dicit is qui unus relictus ex illorum nefaria caede restat.

[14] atque ut facilius intellegere possitis, iudices, ea quae facta sunt indigniora esse quam haec sunt quae dicimus, ab initio res quem ad modum gesta sit vobis²⁷ exponemus, quo facilius et huius hominis innocentissimi miserias et illorum audacias²⁸ cognoscere possitis et rei publicae calamitatem.

[15] 6 Sex. Roscius, pater huiusce, municeps Amerinus fuit, cum genere et nobilitate et pecunia non modo sui municipi verum etiam eius vicinitatis facile primus, tum gratia atque hospitiis florens hominum nobilissimorum. nam cum Metellis, Serviliis, Scipionibus erat ei non modo hospitium verum etiam domesticus usus et consuetudo, quas, ut aequum est, familias honestatis amplitudinisque gratia nomino. itaque²⁹ ex suis omnibus³⁰ commodis hoc solum filio reliquit; nam patrimonium domestici praedones vi ereptum possident, fama et vita innocentis ab hospitibus amicisque paternis defenditur.

[16] hic³¹ cum omni tempore nobilitatis fautor fuisset tum hoc tumultu proximo, cum omnium nobilium dignitas et salus in discrimen veniret, praeter ceteros in ea vicinitate eam partem causamque opera, studio, auctoritate defendit. etenim rectum putabat pro eorum honestate se pugnare propter quos ipse honestissimus inter suos numerabatur. postea quam victoria constituta est ab armisque recessimus, cum proscriberentur homines³² atque ex omni regione caperentur ei qui adversarii fuisse putabantur, erat ille Romae frequens atque³³ in foro et in ore omnium cotidie versabatur, magis ut exsultare victoria nobilitatis videretur quam timere ne quid ex ea calamitatis sibi accideret.

[17] erant ei veteres inimicitiae cum duobus Rosciis Amerinis, quorum alterum sedere in accusatorum subselliis video, alterum tria huiusce praedia possidere audio; quas inimicitias si tam cavere potuisset quam metuere solebat viveret. neque enim, iudices, iniuria metuebat. nam duo isti sunt T. T iti Roscii, quorum alteri Capitoni cognomen est, iste qui adest Magnus vocatur, homines eius modi:³⁴ alter plurimarum palmarum vetus ac nobilis gladiator habetur, hic autem nuper se ad eum lanistam contulit, quique³⁵ ante hanc pugnam tiro esset quod sciam³⁶, facile ipsum magistrum scelere audaciaque superavit.

[18] 7 nam cum hic Sex. Roscius esset Ameriae, T. autem iste Roscius Romae, cum hic filius³⁷ adsiduus in praediis esset cumque se voluntate patris rei familiari vitaeque rusticae dedisset, ipse³⁸ autem frequens Romae esset, occiditur ad balneas Pallacinas³⁹ rediens a cena Sex. Roscius. spero ex hoc ipso non esse obscurum ad quem suspicio malefici pertineat; verum id quod adhuc est suspiciosum⁴⁰ nisi perspicuum res ipsa fecerit, hunc adfinem culpae iudicatote.

[19] occiso Sex. Roscio primus Ameriam nuntiat Mallius Glaucia quidam, homo tenuis, libertinus, cliens et familiaris istius T. T iti Rosci, et nuntiat domum non fili sed T. T iti Capitonis inimici; et cum post horam primam noctis occisus esset, primo diluculo nuntius hic Ameriam venit; decem horis nocturnis sex et quinquaginta milia passuum cisiis⁴¹ pervolavit, non modo ut exoptatum inimico nuntium primus adferret sed etiam cruorem inimici quam recentissimum telumque paulo ante e corpore extractum ostenderet.

[20] quadriduo quo haec gesta sunt res ad Chrysogonum in castra L. L ucii Sullae Volaterras defertur; magnitudo pecuniae demonstratur; bonitas praediorum — nam fundos decem et tris reliquit qui Tiberim fere omnes tangunt — huius inopia et solitudo commemoratur; demonstrant, cum pater huiusce Sex. Roscius, homo tam splendidus et gratiosus, nullo negotio sit occisus, perfacile hunc hominem incautum et rusticum⁴² et Romae ignotum de medio tolli posse; ad eam rem operam suam pollicentur.

[21] 8 ne diutius teneam⁴³, iudices, societas coitur. cum nulla iam proscriptionis mentio fieret⁴⁴, cum etiam qui⁴⁵ antea metuerant redirent ac iam defunctos sese periculis arbitrarentur, nomen refertur in tabulas Sex. Rosci⁴⁶, hominis studiosissimi nobilitatis; manceps fit Chrysogonus; tria praedia vel nobilissima Capitoni propria traduntur, quae hodie possidet; in reliquas omnis fortunas iste T. T itus Roscius nomine Chrysogoni, quem ad modum ipse dicit, impetum facit. haec⁴⁷ omnia, iudices, imprudente L. L ucio Sulla facta esse certo⁴⁸ scio.

[22] neque enim mirum, cum eodem tempore et ea quae praeterita sunt reparet⁴⁹ et ea quae videntur instare praeparet, cum et pacis constituendae rationem et belli gerendi potestatem solus habeat, cum omnes in unum spectent, unus omnia gubernet, cum tot tantisque negotiis distentus sit ut respirare libere non possit, si aliquid non animadvertat, cum praesertim tam multi occupationem eius observent tempusque aucupentur ut, simul atque ille despexerit, aliquid huiusce modi moliantur. huc accedit quod, quamvis ille felix sit, sicut est, tamen in⁵⁰ tanta felicitate nemo potest esse in magna familia qui neminem neque servum neque libertum improbum habeat.

[23] interea iste T. Roscius, vir optimus, procurator Chrysogoni, Ameriam venit, in praedia huius invadit, hunc miserum, luctu perditum⁵¹, qui nondum etiam omnia paterno funeri iusta solvisset, nudum eicit⁵² domo atque focis patriis disque penatibus praecipitem, iudices, exturbat⁵³, ipse amplissimae pecuniae fit dominus. qui in sua re fuisset egentissimus, erat, ut fit, insolens in aliena⁵⁴; multa palam domum suam auferebat, plura clam de medio removebat, non pauca suis adiutoribus large effuseque donabat, reliqua constituta auctione vendebat.

[24] 9 quod Amerinis usque eo visum est indignum ut urbe tota fletus gemitusque fieret. etenim multa simul ante oculos versabantur, mors hominis florentissimi, Sex. Rosci, crudelissima, fili autem eius egestas indignissima, cui de tanto patrimonio praedo iste nefarius ne iter quidem ad sepulcrum patrium reliquisset, bonorum emptio flagitiosa, possessio⁵⁵, furta, rapinae, donationes. nemo erat qui non ardere⁵⁶ omnia mallet quam videre in Sex. Rosci, viri optimi atque honestissimi, bonis iactantem se ac dominantem T. T itum Roscium.

[25] itaque decurionum decretum statim fit ut decem primi proficiscantur ad L. L ucium Sullam doceantque eum qui vir Sex. Roscius fuerit, conquerantur de istorum scelere et iniuriis, orent ut et illius mortui famam et fili innocentis fortunas conservatas velit. atque ipsum decretum, quaeso, cognoscite. DECRETVM DECVRIONVM. legati in castra veniunt. intellegitur, iudices, id quod⁵⁷ iam ante dixi, imprudente L. L ucio Sulla scelera haec et flagitia fieri. nam statim Chrysogonus et ipse ad eos accedit et homines nobilis adlegat⁵⁸ qui peterent ne ad Sullam adirent, et omnia Chrysogonum quae vellent esse facturum pollicerentur.

[26] Vsque adeo autem⁵⁹ ille pertimuerat ut mori mallet quam de his rebus Sullam doceri. homines antiqui, qui ex sua natura ceteros fingerent, cum ille confirmaret sese nomen sex. Rosci de tabulis exempturum, praedia vacua filio traditurum, cumque id ita futurum T. T itus Roscius Capito qui in decem legatis erat appromitteret, crediderunt; Ameriam re inorata⁶⁰ reverterunt. ac primo rem differre cotidie ac procrastinare isti coeperunt, deinde aliquanto lentius nihil⁶¹ agere atque deludere, postremo, id quod facile intellectum est, insidias vitae huiusce Sex. Rosci parare neque sese arbitrari posse diutius alienam pecuniam domino incolumi obtinere.

[27] 10 quod hic simul atque sensit, de amicorum cognatorumque sententia Romam confugit et sese ad Caeciliam, Nepotis sororem, Baliarici filiam⁶², quam honoris causa nomino, contulit, qua⁶³ pater usus erat plurimum; in qua muliere, iudices, etiam⁶⁴ nunc, id quod omnes semper existimaverunt, quasi exempli causa vestigia antiqui offici remanent. ea Sex. Roscium inopem, eiectum domo atque expulsum ex suis bonis, fugientem latronum tela et minas recepit domum hospitique oppresso iam desperatoque ab omnibus opitulata est. eius virtute, fide, diligentia factum est ut hic potius vivus in reos quam occisus in proscriptos referretur.

[28] nam postquam isti intellexerunt summa diligentia vitam Sex. Rosci custodiri neque sibi ullam caedis faciendae⁶⁵ potestatem dari, consilium ceperunt plenum sceleris et audaciae ut nomen huius de parricidio deferrent, ut ad eam rem aliquem accusatorem veterem compararent qui de ea re posset⁶⁶ dicere aliquid, in qua re nulla subesset suspicio, denique ut, quoniam crimine non poterant, tempore ipso pugnarent. ita loqui homines: quod iudicia tam diu facta non essent, condemnari eum oportere qui primus in iudicium adductus esset; huic autem patronos propter Chrysogoni gratiam defuturos; de bonorum venditione et de ista societate verbum esse facturum neminem; ipso nomine parricidi et atrocitate criminis fore ut hic nullo negotio tolleretur, cum ab nullo defensus esset.

[29] hoc consilio atque adeo hac amentia impulsi quem ipsi, cum cuperent, non potuerunt occidere, eum iugulandum vobis tradiderunt.

11 quid primum querar aut unde potissimum, iudices, ordiar aut quod aut a quibus auxilium petam? deorumne immortalium, populine Romani, vestramne qui summam potestatem habetis hoc tempore fidem implorem?

[30] pater occisus nefarie, domus obsessa ab inimicis, bona adempta, possessa⁶⁷, direpta, fili vita infesta, saepe ferro atque insidiis appetita. quid ab his tot maleficiis sceleris abesse videtur? tamen haec aliis nefariis cumulant atque adaugent, crimen incredibile confingunt, testis in hunc et accusatores huiusce pecunia comparant; hanc condicionem misero ferunt ut optet⁶⁸ utrum malit cervices T. T ito Roscio dare an insutus in culleum⁶⁹ per summum dedecus vitam amittere. patronos huic defuturos putaverunt; desunt; qui libere dicat, qui cum fide defendat, id quod in hac causa satis est⁷⁰⁷¹ non deest profecto, iudices.

[31] et forsitan in suscipienda causa temere impulsus adulescentia fecerim; quoniam quidem semel suscepi, licet hercules undique omnes minae⁷² terrores periculaque impendeant⁷³ omnia, succurram ac⁷⁴ subibo. certum est deliberatumque quae ad causam pertinere arbitror, omnia non modo dicere verum etiam libenter audacter⁷⁵ libereque dicere; nulla res tanta exsistet⁷⁶, iudices, ut possit vim mihi maiorem adhibere metus quam fides.

[32] etenim quis tam dissoluto animo est qui haec cum videat tacere ac neglegere possit? patrem meum, cum proscriptus non esset, iugulastis, occisum in proscriptorum numerum rettulistis, me domo mea per vim expulistis, patrimonium meum possidetis. quid voltis amplius? etiamne ad subsellia cum ferro atque telis venistis ut hic aut iuguletis aut condemnetis⁷⁷?

[33] 12 hominem longe audacissimum nuper habuimus in civitate C. Fimbriam et, quod inter omnis constat, nisi inter eos qui ipsi quoque insaniunt insanissimum. is cum curasset in funere C. G aii Mari ut Q. Scaevola volneraretur, vir sanctissimus atque ornatissimus nostrae civitatis, de cuius laude neque hic locus est ut multa dicantur neque plura tamen dici possunt quam populus Romanus memoria retinet, diem Scaevolae dixit, postea quam comperit eum posse vivere. cum ab eo quaereretur quid tandem accusaturus esset eum quem pro dignitate ne laudare quidem quisquam satis commode posset, aiunt hominem, ut erat furiosus, respondisse: quod non totum telum corpore recepisset. quo populus Romanus nihil vidit indignius nisi eiusdem viri mortem, quae tantum potuit ut omnis occisus⁷⁸ perdiderit et adflixerit; quos quia servare per compositionem⁷⁹ volebat, ipse ab eis interemptus est.

[34] estne hoc illi dicto atque facto Fimbriano⁸⁰ simillimum? accusatis Sex. Roscium. quid ita? quia de manibus vestris effugit, quia se occidi passus non est. illud, quia in Scaevola factum est, magis⁸¹ indignum videtur, hoc, quia fit a Chrysogono, non⁸² est ferendum⁸³. nam per deos immortalis! quid est in hac causa quod defensionis indigeat? qui locus ingenium patroni requirit aut oratoris eloquentiam magno opere desiderat? totam causam, iudices, explicemus atque ante oculos expositam consideremus; ita facillime quae res totum iudicium contineat et quibus de⁸⁴ rebus nos dicere oporteat et quid vos sequi conveniat intellegetis.

[35] 13 tres sunt res, quantum ego existimare possum, quae obstent hoc tempore Sex. Roscio, crimen adversariorum et audacia et potentia. criminis confictionem accusator Erucius⁸⁵ suscepit, audaciae partis Roscii sibi poposcerunt⁸⁶, Chrysogonus autem, is qui plurimum potest, potentia pugnat. de hisce omnibus rebus me dicere oportere intellego. quid igitur est?

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

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

[38] in hoc tanto, tam atroci, tam singulari maleficio, quod ita raro exstitit ut, si quando auditum sit⁸⁷, portenti ac prodigi simile numeretur, quibus tandem tu, C. G aii Eruci⁸⁸, argumentis accusatorem censes uti oportere? nonne et audaciam eius qui in crimen vocetur singularem ostendere et mores feros immanemque naturam et vitam vitiis flagitiisque omnibus deditam, denique⁸⁹ omnia ad perniciem profligata atque perdita? quorum tu nihil in Sex. Roscium ne obiciendi quidem causa contulisti.

[39] 14 patrem occidit Sex. Roscius. qui homo? adulescentulus corruptus et ab hominibus nequam inductus⁹⁰? annos natus maior⁹¹ quadraginta. vetus videlicet sicarius, homo audax et saepe in caede versatus. at hoc ab accusatore ne dici quidem audistis. luxuries igitur hominem nimirum et aeris alieni magnitudo et indomitae animi cupiditates ad hoc scelus impulerunt. de luxuria⁹² purgavit Erucius, cum dixit hunc ne in convivio quidem ullo fere interfuisse. nihil autem umquam⁹³ debuit. cupiditates porro quae possunt esse in eo qui, ut ipse accusator obiecit, ruri semper habitarit et in agro colendo vixerit? quae vita maxime disiuncta a⁹⁴ cupiditate et cum officio coniuncta est⁹⁵.

[40] quae res igitur tantum istum furorem sex. Roscio obiecit? patri inquit non placebat.⁹⁶ patri non placebat? quam ob causam? necesse est enim eam quoque iustam et magnam et perspicuam fuisse. nam ut illud incredibile est, mortem oblatam esse patri a filio sine plurimis et maximis causis, sic hoc veri simile non est, odio fuisse parenti filium sine causis multis et magnis et necessariis.

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

[42] 15 nescio inquit quae causa odi fuerit; fuisse odium intellego quia antea, cum duos filios haberet, illum alterum qui mortuus est secum omni tempore volebat esse, hunc in praedia rustica relegarat.⁹⁷ quod Erucio accidebat in mala nugatoriaque accusatione, idem mihi usu⁹⁸ venit in causa optima. ille quo modo crimen commenticium confirmaret non inveniebat, ego res tam levis qua ratione infirmem ac diluam reperire non possum.

[43] quid ais, Eruci? tot praedia, tam pulchra, tam fructuosa Sex. Roscius filio suo relegationis ac supplici gratia colenda ac tuenda tradiderat? quid? hoc patres familiae⁹⁹ qui liberos habent, praesertim homines illius ordinis ex municipiis rusticanis, nonne optatissimum sibi putant esse filios suos rei familiari maxime servire et in praediis colendis operae plurimum studique consumere?

[44] an amandarat¹⁰⁰ hunc sic ut esset in agro ac tantum modo aleretur ad villam, ut commodis omnibus careret? quid? si constat hunc non modo colendis praediis praefuisse sed certis fundis patre vivo frui solitum esse, tamenne haec a te vita eius¹⁰¹ rusticana relegatio atque amandatio appellabitur? vides, Eruci, quantum distet argumentatio tua ab re ipsa atque a¹⁰² veritate. quod consuetudine patres faciunt, id quasi novum reprehendis; quod benivolentia fit, id odio factum¹⁰³ criminaris; quod honoris causa pater filio suo concessit, id eum supplici causa fecisse dicis.

[45] neque haec tu non intellegis, sed usque eo quid¹⁰⁴ arguas non habes, ut non modo tibi contra nos dicendum putes verum etiam contra rerum naturam contraque consuetudinem hominum contraque opiniones omnium.

16 at enim, cum duos filios haberet, alterum a se non dimittebat, alterum ruri esse patiebatur. quaeso, Eruci, ut hoc in bonam partem accipias; non enim exprobrandi causa sed commonendi gratia dicam.

[46] si tibi fortuna non dedit ut patre certo nascerere ex quo intellegere posses qui animus patrius in liberos esset, at natura certe dedit ut humanitatis non parum haberes; eo accessit studium doctrinae ut ne a litteris quidem alienus esses. ecquid¹⁰⁵ tandem tibi videtur, ut ad fabulas veniamus, senex ille Caecilianus minoris facere Eutychum, filium rusticum, quam illum alterum, Chaerestratum? — nam, ut opinor, hoc nomine est — alterum in urbe secum honoris causa habere, alterum rus supplici causa relegasse?

[47] quid ad istas ineptias abis? inquies. quasi vero mihi difficile sit quamvis multos nominatim proferre, ne longius abeam, vel tribulis vel vicinos meos qui suos liberos quos plurimi faciunt agricolas¹⁰⁶ adsiduos esse cupiunt. verum homines notos sumere odiosum est, cum et illud incertum sit velintne ei sese nominari, et¹⁰⁷ nemo vobis magis notus futurus sit quam est hic Eutychus, et certe ad rem nihil intersit utrum hunc¹⁰⁸ ego comicum adulescentem an aliquem ex agro Veienti¹⁰⁹ nominem. etenim haec conficta arbitror esse a poetis¹¹⁰ ut effictos nostros mores in alienis personis expressamque imaginem¹¹¹ vitae cotidianae videremus¹¹².

[48] age nunc, refer animum sis ad veritatem et considera non modo in Umbria atque in ea vicinitate sed in his veteribus municipiis quae studia a patribus familias¹¹³ maxime laudentur; iam profecto te intelleges inopia criminum summam laudem Sex. Roscio vitio et culpae dedisse. 17 ac¹¹⁴ non modo hoc patrum voluntate liberi faciunt sed permultos et ego novi et, nisi me fallit animus, unus quisque vestrum qui et ipsi incensi sunt studio quod ad¹¹⁵ agrum colendum attinet, vitamque hanc rusticam, quam tu probro et crimini putas esse oportere, et honestissimam et suavissimam esse arbitrantur.

[49] quid censes hunc ipsum Sex. Roscium quo studio et qua intellegentia esse in rusticis rebus? Vt ex his propinquis eius, hominibus honestissimis, audio, non tu in isto artificio accusatorio callidior es quam hic in suo. verum, ut opinor, quoniam ita Chrysogono videtur qui huic nullum praedium reliquit, et artificium obliviscatur et studium deponat licebit. quod tametsi miserum et indignum est, feret¹¹⁶ tamen aequo animo, iudices, si per vos vitam et famam potest obtinere; hoc vero est quod ferri¹¹⁷ non potest, si et in hanc calamitatem venit propter praediorum bonitatem et multitudinem et quod ea studiose coluit, id erit ei maxime¹¹⁸ fraudi, ut parum miseriae sit quod aliis coluit non sibi, nisi etiam quod omnino coluit crimini fuerit.

[50] 18 ne tu, Eruci, accusator esses ridiculus, si illis temporibus natus esses¹¹⁹ cum ab aratro arcessebantur qui consules fierent. etenim qui praeesse agro colendo flagitium putes, profecto illum Atilium quem sua manu spargentem semen qui missi erant convenerunt hominem turpissimum atque inhonestissimum iudicares. at hercule maiores nostri longe aliter et de illo et de ceteris talibus viris existimabant itaque ex minima tenuissimaque re publica¹²⁰ maximam et florentissimam nobis reliquerunt. suos enim agros studiose colebant, non alienos cupide appetebant; quibus rebus et agris et urbibus et nationibus rem publicam atque hoc imperium et populi Romani nomen auxerunt.

[51] neque ego haec eo profero quo conferenda sint cum hisce de quibus nunc quaerimus, sed ut illud intellegatur¹²¹, cum apud maiores nostros summi viri clarissimique homines qui omni tempore ad gubernacula rei publicae sedere debebant tamen in agris quoque colendis aliquantum operae temporisque consumpserint¹²², ignosci oportere ei homini qui se fateatur esse rusticum, cum ruri¹²³ adsiduus semper vixerit, cum praesertim nihil esset quod aut patri gratius aut sibi iucundius aut re vera honestius facere posset.

[52] odium igitur acerrimum patris in filium ex hoc, opinor, ostenditur, Eruci, quod hunc ruri esse patiebatur. numquid est aliud? immo vero inquit est; nam istum exheredare in animo habebat. audio; nunc dicis aliquid quod ad rem pertineat; nam illa, opinor, tu quoque concedis levia esse atque inepta: convivia cum patre non inibat. quippe, qui ne in oppidum quidem nisi perraro veniret¹²⁴. domum suam istum non fere quisquam vocabat. nec mirum, qui neque in urbe viveret neque revocaturus esset.

[53] 19 verum haec tu quoque¹²⁵ intellegis esse nugatoria; illud quod coepimus videamus, quo certius argumentum odi reperiri nullo modo potest. exheredare pater filium cogitabat. Mitto quaerere qua de causa; quaero qui scias; tametsi te dicere atque enumerare causas omnis oportebat, et id erat certi¹²⁶ accusatoris officium qui tanti sceleris argueret explicare omnia vitia ac peccata fili quibus incensus parens potuerit animum inducere ut naturam ipsam vinceret, ut amorem illum penitus insitum eiceret ex animo¹²⁷, ut denique patrem esse. sese oblivisceretur; quae sine magnis huiusce¹²⁸ peccatis accidere potuisse non arbitror.

[54] verum concedo tibi ut ea praetereas quae, cum taces, nulla esse concedis; illud¹²⁹ quidem, voluisse exheredare, certe tu planum facere debes. quid ergo adfers qua re id factum putemus? vere nihil potes dicere¹³⁰; finge aliquid saltem commode ut ne plane videaris id facere quod aperte facis, huius miseri fortunis et horum virorum talium dignitati inludere. exheredare filium voluit. quam ob causam? nescio. exheredavitne? non. quis prohibuit? cogitabat. cogitabat¹³¹? cui dixit? nemini. quid est aliud iudicio ac legibus ac maiestate vestra abuti ad quaestum atque ad¹³² libidinem nisi hoc modo accusare atque id obicere quod planum facere non modo non possis verum ne coneris quidem?

[55] nemo nostrum est, Eruci, quin sciat tibi inimicitias cum Sex. Roscio nullas esse; vident omnes qua de causa huic¹³³ inimicus venias; sciunt huiusce pecunia te adductum esse quid ergo est? ita tamen quaestus te cupidum esse oportebat ut horum existimationem et legem Remmiam¹³⁴ putares aliquid valere oportere.

[56] 20 accusatores multos esse in civitate utile est ut metu contineatur audacia; verum tamen hoc ita est utile ut ne plane inludamur ab accusatoribus. innocens est quispiam, verum tamen, quamquam abest a culpa, suspicione tamen non caret¹³⁵; tametsi miserum est, tamen ei qui hunc accuset possim¹³⁶ aliquo modo ignoscere. cum enim aliquid habeat quod possit¹³⁷ criminose ac suspiciose dicere, aperte ludificari et calumniari sciens non videatur. qua re facile omnes patimur esse quam plurimos accusatores, quod innocens, si accusatus sit¹³⁸, absolvi potest, nocens, nisi accusatus fuerit, condemnari non potest; utilius est autem absolvi innocentem quam nocentem causam non dicere. Anseribus cibaria publice locantur et canes aluntur in Capitolio ut significent si fures venerint. at fures internoscere non possunt, significant tamen si qui noctu in Capitolium venerint¹³⁹ et, quia id est suspiciosum, tametsi bestiae sunt, tamen in eam partem potius peccant quae est cautior. quod si luce quoque canes latrent cum deos¹⁴⁰ salutatum aliqui venerint, opinor, eis crura suffringantur, quod acres sint etiam tum cum suspicio nulla sit.

[57] simillima est accusatorum ratio. Alii vestrum anseres sunt qui tantum modo clamant, nocere non possunt, alii canes qui et latrare et mordere possunt. cibaria vobis praeberi videmus; vos autem maxime debetis in eos impetum facere qui merentur. hoc populo gratissimum est. deinde, si voletis, etiam tum cum veri simile erit aliquem¹⁴¹ commisisse, in suspicione latratote; id quoque concedi potest. sin autem sic agetis ut arguatis aliquem patrem occidisse neque dicere possitis aut qua re aut quo modo, ac tantum modo sine suspicione latrabitis, crura quidem vobis nemo suffringet, sed, si ego hos bene novi, litteram illam cui vos usque eo inimici estis ut etiam Kal. omnis¹⁴² oderitis ita vehementer ad caput adfigent¹⁴³ ut postea neminem alium nisi fortunas vestras accusare possitis.

Translations (1)

For Sextus Roscius of Ameria Perseus (Cicero. The Orations of Marcus Tullius Cicero, Volume 1. Yonge, Charles Duke, translator. London: Bell, 1903.) — 5 focus

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

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

[7] If his demand seems to you just and honourable, O judges, I, on the other hand, proffer this brief request, and one, as I persuade myself, somewhat more reasonable still. 3 First of all, I ask of Chrysogonus to be content with our money and our fortunes, and not to seek our blood and our lives. In the second place, I beg you, O judges, to resist the wickedness of audacious men; to relieve the calamities of the innocent, and in the cause of Sextus Roscius to repel the danger which is being aimed at every one.

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

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

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

[11] I also, above all things, entreat you, O Marcus Fannius, to show yourself at this present time both to us and to the Roman people the same man that you formerly showed yourself to the Roman people when you before presided at the trial in this same cause. ¹ 5 You see how great a crowd of men has come to this trial. You are aware how great is the expectation of men, and how great their desire that the decisions of the courts of law should be severe and impartial. After a long interval, this is the first cause about matters of bloodshed which has been brought into court, though most shameful and important murders have been committed in that interval. All men hope that while you are praetor, these trials concerning manifest crimes, and the daily murders which take place, will be conducted with no less severity than this one.

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

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

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

[15] Sextus Roscius, the father of this man, was a citizen ² of Ameria , by far the first man not only of his municipality, but also of his neighbourhood, in birth, and nobility and wealth, and also of great influence, from the affection and the ties of hospitality by which he was connected with the most noble men of Rome . For he had not only connections of hospitality with the Metelli, the Servilii, and the Scipios, but he had also actual acquaintance and intimacy with them; families which I name, as it is right I should, only to express my sense of their honour and dignity. And of all his property he has left this alone to his son,—for domestic robbers have possession of his patrimony, which they have seized by force the fame and life of this innocent man is defended by his paternal connections ³ and friends.

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

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

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

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

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

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

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

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

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

[25] Therefore a decree of their senate is, immediately passed, that the ten chief men ⁴ should go to Lucius Sulla, and explain to him what a man Sextus Roscius had been; should complain of the wickedness and outrages of those fellows, should entreat him to see to the preservation both of the character of the dead man, and of the fortunes of his innocent son, And observe, I entreat you, this decree— [here the decree is read] —The deputies come to the camp. It is now seen, O judges, as I said before, that these crimes and atrocities were committed without the knowledge of Lucius Sulla. For immediately Chrysogonus himself comes to them, and sends some men of noble birth to them too, to beg them not to go to Sulla, and to promise them that Chrysogonus, will do everything which they wish.

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

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

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

[29] With this plan, and urged on to such a degree by this madness, they have handed the man over to you to be put to death, whom they themselves, when they wished, were unable to murder. 11 What shall I complain of first? or from what point had I best begin, O judges? or what assistance shall I seek, or from whom? Shall I implore at this time the aid of the immortal gods, or that of the Roman people, or of your integrity, you who have the supreme power?

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

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

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

[33] We lately had a most audacious man in this city, Caius Fimbria, a man, as is well known among all except among those who are mad themselves, utterly insane. He, when at the funeral of Caius Marius, had contrived that Quintus Scaevola, the most venerable and accomplished man in our city, should be wounded;—(a man in whose praise there is neither room to say much here, nor indeed is it possible to say more than the Roman people preserves in its recollection)—he, I say, brought an accusation against Scaevola, when he found that he might possibly live. When the question was asked him, what he was going to accuse that man of, whom no one could praise in a manner sufficiently suitable to his worth, they say that the man, like a madman as he was, answered, for not having received the whole weapon in his body. A more lamentable thing was never seen by the Roman people, unless it were the death of that same man, which was so important that it crushed and broke the hearts of all his fellow-citizens; for endeavouring to save whom by an arrangement, he was destroyed by them. ⁵

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

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

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

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

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

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

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

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

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

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

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

[45] Not that you are not aware of all this, but you are so wholly without any arguments to bring forward, that you think it necessary to plead not only against us, but even against the very nature of things, and against the customs of men, and the opinion of every one. 16 Oh but, when he had two sons, he never let one be away from him, and he allowed the other to remain in the country. I beg you, O Erucius, to take what I am going to say in good part; for I am going to say it, not for the sake of finding fault, but to warn you.

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

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

[48] Come now; turn your thoughts, if you please, to reality, and consider not only in Umbria and that neighbourhood, but in these old municipal towns, what pursuits are most praised by fathers of families. You will at once see that, from want of real grounds of accusation, you have imputed that which is his greatest praise to Sextus Roscius as a fault and a crime. 17 But not only do children do this by the wish of their fathers, but I have myself known many men (and so, unless I am deceived, has every one of you) who are inflamed of their own accord with a fondness for what relates to the cultivation of land, and who think this rural life, which you think ought to be a disgrace to and a charge against a man, the most honourable and the most delightful.

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

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

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

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

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

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

[55] There is not one of us, O Erucius, who does not know that you have no enmity against Sextus Roscius. All men see on what account you come here as his adversary. They know that you are induced to do so by this man's money. What then? Still you ought to have been desirous of gain with such limitations as to think that the opinion of all these men, and the Remmian ⁶ law ought to nave some weight.

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

[57] Some of you are geese, who only cry out, and have no power to hurt, some are dogs who can both bark and bite. We see that food is provided for you; but you ought chiefly to attack those who deserve it. This is most pleasing to the people; then if you will, then you may bark on suspicion when it seems probable that some one has committed a crime. That may be allowed. But if you act in such a way as to accuse a man of having murdered his father, without being able to say why or how; and if you are only barking without any ground for suspicion, no one, indeed, will break your legs; but if I know these judges well, they will so firmly affix to your heads that letter ⁷ to which you are so hostile that you hate all the Calends too, that you shall hereafter be able to accuse no one but your own fortunes.

James Bradstreet Greenough Notes on Pro S. Roscio Amerino 5

ed. James Bradstreet Greenough, ed. George Lyman Kittredge

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