Defence of Roscius. ( Pro Sex. Roscio Amerino ) B.C. 80.
Argument
[Omitted portions in brackets.]
CHAP.
1
.
Exordium. Cicero's reasons for undertaking the case.
[
2
. Political aspect of the trial, showing (a) why others refused to undertake it ; (b) why the jury ought to be especially cautious.]
Narratio.
6
. Character of Sex. Roscius, the murdered man; his old feud with the Titi Roscii.
7
. The murder: circumstances pointing to Magnus as the procurer: Chrysogonus is informed, and a conspiracy made with him by Capito and Magnus.
8
. Proscription and sale of the property: Chrysogonus buys in up for a nominal sum: Sulla not implicated. Sex. Roscius is dispossessed.
9
. Amerians take up his cause and apply to Sulla but are staved off by Capito, who was on the committee.
10
. Roscius flies no his friends at Rome: a trumped-up charge of parricide is brought.
11
. Commiseration of his client's position, with review of the circumstances.
13
.
Partitio. Three things make against the defendant: (a) the charge ; (b) the reckless villany of the two Titi Roscii ; (c) influence of Chrysogonus.
Defensio.
(I)
14
. The crime is not in accordance with the character of the defendant ; no motive can be shown: no enmity between father and son.
[
15
-
17
. His rustic employment: this is no evidence of ill-will.
19
. Alleged intention to disinherit: no proof.
20
. No case is made out: hence the accuser (Erucius) is attacked for bringing such a charge.
21
. The case rests only on the negligence of the court, and supposed friendlessness of the defendant.
22
. For the conspirators' manner changed when they found there would be a real defence.]—Recapitulation: no motive existed: necessity of direct evidences
23
-
26
. Examples from other cases [and from literature]. Need of strongest proof shown by the severity of the penalty.
27
, -
28
. No means of committing the crime.
[
29
. Again: the accuser's presumption in trying to force a conviction.
(II)
30
. Countercharge: T. Roscius the probable murderer: in his case there are motives.
31
. It was for his advantage.
32
. He was the murdered man's enemy.
33
. He had opportunities (compare the two cases).
34
. His acts after the murder: hasty message to Capito ; his character.
36
. His testimony at the trial.
37
. Speedy announcement no Chrysogonus
apparently from the Roscii, for they have received the reward and possess the property.
38
,
39
. Capito's perfidy to the committee.
41
. Magnus refuses the slaves for question.
42
. Influence of Chrysogonus.]
(III)
43
. Chrysogonus the purchaser: the sale was illegal, for proscriptions had ceased.
44
47
. Lawlessness and insolence of Chrysogonus: Sulla is artfully excused: the cause of the nobility not involved.
48
. The cause of Chrysogonus not that of the nobility.
49
. Responsibility of the attack on Chrysogonus is Cicero's: Roscius asks only his life.
Peroratio.
50
-
51
. Simulated appeal to Chrysogonus to stir sympathy of the jury: incidental mention of the powerful friends of the defendant.
52
-
53
. But if Chrysogonus does not spare him, he appeals confidently to the court.
Notes on Pro S. Roscio Amerino. James Bradstreet Greenough. ed. James Bradstreet Greenough, ed. George Lyman Kittredge. Boston. 1897.
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