Cicero : Pro Sex. Roscio

Sections 79-154

This speech was delivered for Sextus Roscius of Ameria, in 80 B.C.

The translation is by J.H. Freese (1930). Click on the L symbols to go to the Latin text of each section. Click on ** to go to the translator's footnotes.

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[29.] L   [79] Now, Erucius, I come to you. We must needs agree that, if my client is connected with this crime, he either committed it with his own hand, which you are unable to prove, ** or by the agency of others, free men or slaves. Free men? You are unable to show how he was able to meet them, by what means he persuaded them, where, by whose agency, what expectations he raised, what bribe he offered. I, on the contrary, prove that Sextus Roscius not only did not do, but could not have done, any of these things, seeing that for several years he had neither been in Rome nor had ever left his farm without good reason. It seems that the only thing left to you was to name the slaves; this appeared a kind of harbour where you might take refuge when driven from your other false allegations, instead of which you have struck upon such a sort of rock that you not only see the charge rebound from Sextus Roscius, but also understand that every suspicion recoils upon yourselves.

[80] What then? where, I ask, has the accuser taken refuge, owing to his dearth of arguments? "The times were such," says he, "that men were killed as an ordinary occurrence with impunity; therefore, since there were so many assassins, you could have committed the crime without difficulty."   Sometimes, Erucius, you seem to me to want to kill two birds with one stone ** : to swamp us ** with legal proceedings and at the same time to accuse those very persons from whom you received payment. What do you say ? men were killed as an ordinary occurrence ? through whom and by whom? Do you not remember that those who brought you here were the purchasers of confiscated goods? What next? Do we not know that, during the times you mention, cut-throats and cut-purses were almost identical. ** [81] And finally, shall these very men, who then for nights and days were running about armed, who never left Rome, who were always engaged in plundering and murdering - shall they reproach Sextus Roscius with the cruelty and misdeeds of those times, and imagine that the crowd of assassins, of which they themselves were the chiefs and leaders, will be a ground for accusing my client, who was not only not at Rome, but was entirely ignorant of what was going on there, because, as you yourself admit, he always remained in the country ?

[82] I am afraid, gentlemen, of either wearying you or appearing to distrust your intelligence, should I any longer discuss matters which are so obvious. Erucius's accusation, I venture to think, has been entirely overthrown, unless perhaps you are waiting to hear me answer the charge of embezzlement ** and other false accusations of the same kind which he has brought, charges which we never heard of before to-day, and which are quite new to us. He seemed to me to be rehearsing them ** from some other speech, which he was preparing against another accused person, so little did they apply to the charge of parricide or to him who is on his trial. But since they are supported merely by his own word, a simple negative is a sufficient answer. If he is keeping back anything for the witnesses, in regard to that also, as in the cause itself, he will find us better prepared than he expected.

[30.] L   [83] I now come to a matter to which I am led, not by any special liking, but by loyalty to my client. For if it were a pleasure to me to accuse, I would rather accuse other persons, at whose expense I could increase my reputation ; but this I am determined not to do, as long as the choice of accusing or not is open to me. For that man seems to me most honourable who attains a higher position by his own merit, not the man who finds a means of rising in the misfortune and disaster of another. Let us cease for a while to examine idle charges ; let us seek the crime where it is and where it can be discovered. You will then understand, Erucius, how many suspicious circumstances it takes to prove a genuine accusation, although I shall not mention all of them and shall pass over each point lightly. And I would not even do that, unless it were necessary, and the fact that I shall not go further than the safety of my client and my own feeling of duty demand will be a proof that I am acting with regret.

[84] You could find no motive in Sextus Roscius, but I find one in Titus Roscius. ** It is you, Titus, with whom I have to deal, since you are sitting on the accusers' bench, and openly avow yourself our opponent. We will deal with Capito afterwards, if, as I understand he is ready to do, he comes forward as a witness ; he will then learn of other laurels of his, which he does not suspect that I have even heard of. The illustrious Lucius Cassius, ** whom the Roman people considered the wisest and most conscientious of judges, was in the habit of asking repeatedly in trials, "who had profited by it?" Such is the way of the world: no man attempts to commit a crime without the hope of profit. [85] He was avoided and dreaded as a judge and juryman by those who were threatened by a criminal charge, because, in spite of his love of truth, he appeared by nature not so much disposed to mercy as inclined to severity. As for myself, although this inquiry is in the hands of a man who shows as much courage in the face of audacity as clemency on the side of innocence, I would willingly consent to defend Sextus Roscius, even before that very searching judge himself or other judges like Cassius, whose name even now strikes with terror accused persons who have to stand their trial. [31.] L   [86] For in this case, seeing the accusers in possession of vast property and my client reduced to beggary, they would have no need to inquire " who had profited by it," but, since there was no doubt about that, ** they would connect the guilt and the suspicion rather with the possessor of the plunder than with the poor man. What if, in addition, you were formerly poor, avaricious, and audacious? if you were the bitterest enemy of him who was murdered ? Need any other motive be sought for, which drove you to this abominable crime? Can any of these facts be denied? This man's poverty is such that it cannot be concealed, and, the greater the efforts that are made to hide it, the more conspicuous it appears. [87] You display your avarice, seeing that you have entered into a partnership with a perfect stranger to gain possession of the fortune of a kinsman and fellow-townsman. Not to mention other things, everyone has been able to understand the extent of your audacity from the fact that, out of all the members of the association, in other words, out of all those assassins, you alone have allowed yourself to be found sitting among the accusers, and not only let us see your shameless face but even make a show of it. You must admit that enmity and serious disputes about family affairs existed between you and Sextus Roscius. [88] The only thing that remains, gentlemen, is to consider which of the two is more likely to be the murderer of Sextus Roscius, he to whom this murder has brought wealth, or he whom it has reduced to poverty ; he who before it was poor, or he who after it was reduced to beggary ; he who, inflamed by avarice, rushes to attack his own relatives, or he who has always lived such a life that he knew nothing about filthy lucre but only about the fruit of his own toil ; he who is the most audacious of all the brokers, or he who, owing to his inexperience of the forum and legal processes, dreads not only the sight of these benches, but even the city itself ; lastly, gentlemen - and this I consider is of the greatest importance in the matter - one who was the enemy or one who was the son of Roscius.

[32.] L   [89] If you, O Erucius, had so many convincing arguments as these in the case of an accused person, how you would throw yourself about, ** at what length would you speak! Time, by Hercules, rather than words would fail you. In fact, the material is so abundant that you might spend whole days on each detail. Not that I could not do the same ; for, without being conceited, I have not so poor an opinion of myself as to think you capable of speaking at greater length than I can. But perhaps, considering the large number of defending counsel, I may only be reckoned as one of a crowd, while the battle of Cannae ** has made you a tolerably good accuser. We have seen many slain, not near Lake Trasimenus, but at the Servilian ** basin. [90] "Who was not wounded there by Phrygian steel?" ** There is no need to enumerate them all, a Curtius, a Marius, and lastly a Memmius, ** already withdrawn by age from the field ** ; last of all, the aged Priam himself, Antistius, ** prohibited from fighting, not only by his age, but also by the laws. Further, there are hundreds whose name is never mentioned owing to their obscurity, who acted as accusers in cases of murder and poisoning. As far as I am concerned, I could wish that they were all living. For there is no harm in there being as many dogs as possible where there are many people to be watched and many things to be guarded. [91] But, as generally happens, the violence and turmoil of war bring many acts in their train unknown to the generals. While he who wielded the supreme power was occupied with other matters, there were some who in the meantime were attending to their own wounds ** ; these people, as if eternal night had enveloped the republic, rushed about in the darkness and threw everything into confusion. I am surprised that they did not also burn the benches, to prevent any trace of judicial proceedings being left; for they put both accusers and jurymen out of the way. But fortunately they led such a life that they could not have destroyed all the witnesses, even if they had so desired ; for as long as the human race exists, there will be no lack of men to accuse them ; as long as the State lasts, trials will take place. But, as I have said above, if Erucius had such facts as I have mentioned to support him in a case, he would be able to speak on them as long as he pleased, and I can do the same. But, as I said before, it is my intention to pass lightly over and only touch upon each question, that everyone may understand that I am not making an accusation from inclination, but from a sense of duty to my client.

[33.] L   [92] I see, then, that there were many motives that might have driven him to commit the crime. Let us now see whether he had any opportunity of doing so. Where was Sextus Roscius killed ? "At Rome."   Well, where were you at that time, Titus Roscius? "?At Rome. But what has that to do with it? Many others were there as well."   As if the present question were to find out who, out of so great a number, committed the crime, and not rather whether it is more probable that Roscius was killed by one who at the time was constantly in Rome, or by one who for many years had not been near Rome at all.

[93] Well, then, let us consider what other opportunities he had. As Erucius has told us, at that time there was a crowd of assassins, and men were killed with impunity. Well, of whom was this crowd composed? I imagine either of those who were occupied in buying properties, ** or of those who were hired by them to murder somebody. If you think the criminals were those who coveted the property of others, you are one of the number, you who are enriched by our wealth ; but if you think they were those who are called by the milder name of bandits, inquire under whose protection, whose dependants they are, and believe me, you will find one of your associates. Whatever you may say to the contrary, compare it with my defence, and so it will be very easy to contrast the case of Sextus Roscius with your own. [94] You will say, "If I was constantly in Rome, what follows from that?"   I shall reply, " I was never there at all."   "I confess that I am a broker, but so are many others."   "But I, as you yourself reproach me with being, am a farmer and a rustic."   "If I have mixed with a crowd of assassins, it does not follow at once that I am an assassin." ''   But most certainly I, who do not even know any assassin, am far beyond the reach of such an accusation." There is very much else that might be said, which could make it clear that you had the greatest facilities for committing this crime ; but I pass them over, not only because I have no pleasure in accusing you, but more so because, if I wished to speak of all the murders like that of Sextus Roscius which were committed at that time, I am afraid that my speech would seem to be aimed at a number of others.

[34.] L   [95] Let us now examine your proceedings after the death of Roscius with the same brevity as we did your other actions; they are so obvious and palpable, that (so may the god of faith help me !) I regret to speak of them. For I am afraid that, whatever kind of man you are, Titus Roscius, I may be thought to have desired to save my client without sparing you at all. But while I have this fear and desire to spare you to some extent as far as I can without neglecting my duty to my client, I again change my mind, for I think of your effrontery. To think that you, when the rest of your associates took flight and kept themselves hidden, to create the impression that the subject of this trial was not their plunder, but the crime of my client - to think that you should have demanded this role before all others for yourself, that you should appear in court and take a seat by the accuser. By this you accomplish nothing, except to make your audacity and impudence recognised by everyone. [96] After Sextus Roscius was killed, who first brought the news to Ameria? Mallius Glaucia, whom I have mentioned before, ** your dependant and intimate friend. Why should he of all men have brought the news which concerned you less than anyone else, had you not already formed a plan regarding Sextus's death and property and had you not entered into partnership with some accomplice to share in the crime and the reward? '' Mallius brought the news of his own accord." What had it to do with him, I ask? or, since he had not come to Ameria for this purpose, was it by accident that he was the first to announce what he had heard in Rome ? For what reason did he come to Ameria? " I cannot guess." I will bring the matter to such a point that there will be no need of guessing. On what grounds was the news taken to Capito first? Though Sextus Roscius had a house, wife, and children at Ameria, though he had so many relatives and kinsmen, with whom he was on the best of terms, for what reason was it that this man, your client, who brought the news of your crime, chose to bring it to Capito before anyone else? [97] Roscius was killed when returning from supper ; before daybreak it was known at Ameria. What is the meaning of this incredibly rapid journey, this speed and haste ? I do not ask who struck the blow ; you have nothing to fear, Glaucia; I do not shake you, to see if you had any weapon concealed on your person ; I do not search you; I do not think it has anything to do with me ; since I have discovered who planned the murder, I do not trouble about whose hand it was that struck the blow. I bring forward this one point only, which your manifest guilt and the evidence of the facts supply me with: where and from whom did Glaucia hear of the murder ? how did he come to know it so quickly ? Admit that he heard of it at once; what forced him to make so long a journey in a hurry in a single night ? what pressing necessity obliged him, if he was going to Ameria of his own accord, to set out from Rome at such an hour, and spend a sleepless night ?

[35.] L   [98] When the facts are so evident, is there still any need to seek for arguments or grasp at conjectures? Does it not seem to you, gentlemen, that you can actually see what you have heard ? do you not see that unfortunate man returning from supper, without suspicion of the fate that awaits him ? do you not see the ambush laid, the sudden attack ? is not Glaucia before your eyes implicated in the murder ? Is not that Titus Roscius present ? Does he not with his own hands place that Automedon ** in the chariot, to carry the news of his most heinous crime and impious victory ? Does he not beg him to spend a sleepless night, to do his best out of personal regard for him, to carry the news to Capito without delay ? [99] What was his reason for wishing that Capito should be the first to know it? I do not know, but this I notice, that Capito has a share in the property of Roscius, I know that he is in possession of three of the finest farms out of thirteen. [100] Further, I have heard that this is not the first time that Capito has been suspected of such transactions; he possesses a number of prizes for infamous victories, but this is the first grand triumph to be brought to him from Rome ** ; there is no way of committing murder which he has not employed for killing a certain number of men, some by the dagger, some by poison. I can even give you an example of one man, though less than sixty, whom, contrary to the custom of our ancestors, he threw from the bridge into the Tiber. ** All these exploits of his, if, or rather when, he comes forward as a witness - for I know that he will do so - he shall hear of from me. [101] Only let him come, let him open his roll which I can prove was written for him by Erucius - the roll which he is said to have flourished in the face of Sextus Roscius, with the threat that he would state all the facts contained in it as evidence. What an admirable witness, gentlemen ! a weighty authority who deserves all your attention ! an honourable character, to whose evidence you should be ready to adapt your verdict! Assuredly, we should not see so clearly into these men's crimes, unless they themselves were rendered blind by greed and avarice and audacity. [36.] L   [102] One of them, ** immediately after the murder, sent a speedy messenger to his partner or rather master, at Ameria, so that, even if everyone had desired to conceal his knowledge of the author of the murder, he himself would have exposed his crime openly before the eyes of all men. The other ** (if it so please the immortal gods) ** is also going to give evidence against Sextus Roscius, as if it were now a question of the credibility of his words, and not rather of the punishment of his actions. And so it was established by the custom of our ancestors, that, even in the least important things, men of the greatest distinction should not give evidence in a case that concerned themselves. [103] Africanus, ** who declares by his surname that he conquered a third part of the world, would nevertheless have refused to give evidence in a case in which his interests were at stake : for I do not venture to say in regard to such a man that, had he spoken, he would not have been believed. Consider now how everything has changed and altered for the worse. When it is a question of property and murder, a man is going to give evidence, one who is both a broker and an assassin, that is, he who is the purchaser and possessor of the very properties which are in question, and contrived the murder of the man whose death is the subject of investigation.

[104] What is it, most honourable sir? have you anything to say? Listen to me. Take care that you do not desert yourself; your personal interest also is seriously at stake. You have committed many crimes, many audacious and shameless acts; but ou have also been guilty of one very great folly, undoubtedly of your own accord, not on the advice of Erucius. There was no need for you to sit there ; for no one employs an accuser who is dumb, nor a witness who gets up from the accuser's bench. ** In addition to this, your partisanship would be to some extent more secret and concealed. But as it is, what is there that anyone would desire to hear from you, since everything you do is such that you seem intentionally to be acting on our behalf against yourselves ?

[105] Come, gentlemen, let us now see what took place immediately after the murder. Four days after Roscius had been killed, the news was taken to Chrysogonus in the camp of Lucius Sulla at Volaterrae. [37.] L   Does anyone still ask who sent the messenger? Is it not clear that it was the same man who sent him to Ameria? Chrysogonus saw to it that Roscius's property was sold at once, although he neither knew who Roscius was nor the facts of the case. But how did it come into his head to covet the farms of a man whom he did not know, whom he had never seen in his life? Gentlemen, on hearing anything of this kind, you are accustomed to say at once: "Some fellow-townsman or neighbour must have told him ; it is generally they who give information, it is by them that most people are betrayed." In this case there is no ground for your regarding this as a mere suspicion. [106] For I shall not argue as follows : "It is probable that the Roscii informed Chrysogonus about the matter ; for they had long been on friendly terms with him, in fact, although they had many ancient hereditary patrons and guest-friends, they ceased to treat them with attention and respect, and put themselves under the protection and patronage of Chrysogonus." [107] All this I can say with truth, but, in this case there is no need of conjecture. I am convinced that they themselves do not deny that Chrysogonus took possession of this property at their instigation. If you see with your own eyes the man who has received his share as an informer, will you have any doubt as to the author of the information ? Who then are the people, in the matter of this property, to whom Chrysogonus has given a share? The two Roscii. Is there anyone else? Nobody, gentlemen. Can there be any doubt, then, that this booty was offered to Chrysogonus by those who obtained a share of it from him ?

[108] But come now, let us turn to Chrysogonus himself, and consider what was his judgement of what the Roscii did. If, in this combat, they had rendered no valuable service, why were they so generously rewarded by Chrysogonus? If they did nothing else but lodge the information, would it not have been enough to thank them, or, at the most, to make them some small pecuniary acknowledgement as a proof of their generosity ? Why are three such valuable farms at once given to Capito? Why is Titus Roscius in possession of all the rest in common with Chrysogonus? Is it not clear, gentlemen, that Chrysogonus, after investigation, gave up these spoils to the Roscii ?

[38.] L   [109] Capito came to the camp as one of the deputies among the ten heads of the decurions. ** Now learn thoroughly the manner of life, the nature and character of the man from his behaviour on the deputation alone. If you are not convinced, gentlemen, that there is no duty, no right so sacred and inviolable that his wickedness and perfidy have not violated and trampled under foot, why then you may judge him to be a most honourable man. [110] He prevented Sulla from being informed about these matters ; he revealed the plans and intentions of the other deputies to Chrysogonus; he advised him to take measures to prevent the affair being dealt with openly ; he pointed out that, if the sale of the property were cancelled, Chrysogonus would lose a large sum of money and he himself would be in danger of his life; he incited Chrysogonus and deceived his fellow-deputies ; he frequently warned him to be on his guard and cunningly held out false hopes to the others; he formed plans against them with him, and revealed their intentions ; he came to an agreement with him as to his share in the booty, while he deprived the others of all access to Sulla by constantly alleging some fictitious reason for delay. Finally, by his encouragement, advice, and guarantee, ** he prevented the deputies from approaching Sulla; they, deceived by his word, or rather, by his broken word - as you will be able to learn from themselves, if the accuser desires to summon them as witnesses ** - instead of a positive result took back with them nothing but false hopes. [111] In private affairs, one who had carried out a trust ** - I do not say fraudulently for his own profit or advantage, but even somewhat carelessly - was thought by our ancestors to have behaved in a most dishonourable manner. Accordingly, an action for breach of trust was established, the result of which involved as much disgrace as an action for theft. I suppose the reason for this was that, in matters in which we ourselves are unable to take a personal part, the promise of our friends is substituted for our own exertions ; and one who violates this promise attacks what is the common safeguard of all, and, as far as it is in his power, ruins all social life. For we cannot do everything by ourselves ; each has his part to play, in which he can be more useful than others. That is why friendships are formed - that the common interest may be furthered by mutual services. [112] Why accept a trust, if you intend to neglect it or turn it to your own advantage ? Why do you offer to help me, and by pretended service stand in the way of and thwart my interests? Go away; I will get someone else to transact my business. You undertake the burden of a duty which you think you can support ; a burden which seems by no means heavy to those who are themselves by no means weak-minded. **

[39.] L   That is why one who does not carry out a trust is guilty of a disgraceful fault, because he violates two things that are most sacred - friendship and good faith. For as a rule no one entrusts a commission to anyone but a friend, and only trusts one whom he believes to be faithful. It is therefore the act of an utterly abandoned man to destroy friendship and at the same time to deceive one who would not have suffered injury unless he had trusted him. [113] Is it not so? If in a matter of very little importance a man who has neglected his trust cannot escape condemnation by a most disgraceful sentence, in a case so grave as the present, when the man, to whom the reputation of the dead and the fortunes of the living have been committed and entrusted, has attainted the dead with ignominy and the living with penury, shall he be reckoned among honourable men, or rather, even among the living? In private affairs of the least importance, even negligence on the part of a mandatory is made the subject of a charge and a sentence involving disgrace, because, if all is in order, ** it is the one who has given the mandate, and not the one who has accepted it, that may be allowed to be negligent. In a trust of such grave importance, which was publicly arranged and entrusted to him, what punishment, I ask you, shall be inflicted upon one who has not merely injured some private interest by his carelessness, but by his perfidy has violated and defiled the sacred character of the deputation itself ? by what sentence shall he be condemned? [114] If as a private person Sextus had entrusted this matter to him to settle and make an agreement with Chrysogonus, and, if he thought it necessary, give his word ** to promote that object ; and if Capito had undertaken this mission, and had made ever so little profit out of the transaction, would he not be condemned before an arbitrator ** to make restitution and entirely lose his good name? [115] As it is, it was not Sextus Roscius who entrusted the matter to him but - what is far more serious - Sextus Roscius himself, together with his reputation, life, and all his property was publicly entrusted by the decurions to the care of Titus Roscius, who has converted no small trifle connected with the affair to his own advantage, but has ejected my client from his property neck and crop and bargained for three farms for himself, and has shown as little regard for the intention of the decurions and all his fellow-townsmen as for his own honour.

[40.] L   [116] Proceed now, gentlemen, to examine the rest of his actions, that you may understand that no misdeed can be imagined with which he has not defiled himself. It is most disgraceful to deceive a partner in trifling matters, as disgraceful as such conduct as I have mentioned before. And it is rightly so regarded, because a man who has entered into partnership with another thinks that he has associated himself with one who will be a help to him. Where then shall he look for faith, when injured by his faith in the man to whom he has trusted himself? ** Besides, those offences against which it is most difficult to take precautions deserve the severest punishment. We can be reserved with strangers, our intimate friends must see many of our acts more clearly ; but how can we take precautions against a partner, since even to feel uneasy about his conduct is a violation of the law of duty? Rightly, therefore, our ancestors maintained that one who had deceived his partner ought not to be reckoned among honourable people. [117] But in truth Titus Roscius did not deceive merely a single partner in a matter of money, which, although a grave offence, may to a certain extent be endurable. It was nine most honourable men, associated with him in the same office, deputation, duty, and mandate, whom he entrapped, deceived, deserted, handed over to their adversaries, and cheated by every kind of fraud and perfidy. These men could not have the least suspicion of his wickedness, they were bound not to feel any anxiety about the man who was their partner in duty, they did not see his rascality, they believed his delusive words. This is why those most honourable men, owing to his craftiness, are at the present time considered to have been wanting in caution and foresight ; he, who was in the beginning a traitor, then a deserter, who first revealed the intentions of his associates to their adversaries, and then formed an association with those adversaries themselves, still intimidates and threatens us, and that decorated with three farms, the reward of his crime. In a life of this kind, gentlemen, amongst so many shameful acts, you will also find the crime which is the subject of this trial. [118] For you ought to carry on your inquiry on the following principle : wherever you find numerous examples of greed, audacity, depravity, and perfidy, you may feel sure that crime also lies concealed among all these shameful acts. And yet about this crime there is no concealment; it is so manifest and exposed to view, that it not only can be inferred from those misdeeds which he has undoubtedly committed, but, if there should be a doubt about any one of them, ** it could be clearly proved by this crime. I ask you, gentlemen, what is your opinion? Does the master gladiator seem to have laid down his sword altogether, ** or his pupil here to be ever so little inferior to his master in skill? Their greed is equal, their depravity similar, their impudence the same, their audacity twin.

[41.] L   [119] And, since you have learnt what is the good faith of the master, now learn the fairness of the pupil I have said before that the opponents have been frequently asked for two slaves to put to the question. You, Titus Roscius, always refused. I ask you: were those who made the request unworthy of obtaining what they asked for? did not he on whose behalf they asked arouse your sympathies? did the request itself appear to you unjust? Those who made the request were the noblest and most upright men in our city, whose names I have already mentioned ; their life and the esteem with which they are regarded by the Roman people have always been such that, whatever they might say, no one would think it unfair. Moreover, they made the request on behalf of a most miserable and unfortunate man, who would be ready, if necessary, to give himself to the torture, provided there were an inquiry into the death of his father. [120] Further, the request made to you was of such a kind that it made no difference whether you refused it or confessed the crime. ** This being so, I ask you why you refused it. When Roscius was killed, they were on the spot. The slaves themselves, for my part, I neither accuse nor exculpate ; but that you oppose their being put to the question is suspicious, and their being treated by you with such consideration certainly shows that they must know something which would be ruinous to you if they revealed it. "It is contrary to justice that slaves should be examined against their masters." ** But neither is any examination against you - for it is Sextus Roscius who is accused - nor against their master, since this concerns my client - for you say that you are their masters. ** "They are with Chrysogonus." Yes, of course; their culture and elegant manners are so attractive to Chrysogonus that he wishes these men, little better than labourers trained by a country householder of Ameria, to associate with his young slaves possessed of every charm and accomplishment, picked out from so many of the highest households.

[121] No, gentlemen, this is certainly not the case ; it is improbable that Chrysogonus took a fancy to their culture and good manners or that he appreciated their diligence and fidelity in his household affairs. There is something behind this, which, the greater the efforts made by them to suppress and conceal it, the more evident and conspicuous it becomes.

[42.] L   [122] What then ? is Chrysogonus unwilling that they should be put to the question in order to conceal his own crime? By no means, gentlemen; I do not think that all accusations are applicable to everyone. As far as I am concerned, I have no such suspicion in regard to Chrysogonus, and this is not the first time that it has occurred to me to say so. You will remember that, at the beginning of my speech, I divided the case as follows: the charge - the duty of proving this has been left entirely to Erucius ; audacity - the role of which has been assigned to the Roscii. Whatever misdeed, crime, or murder shall be found, will have to be assigned to them as their own. As to Chrysogonus, we say that his excessive influence and power is in our way and cannot be endured, and that, since you, gentlemen, have the power to do so, it ought not only to be weakened by you, but also punished. [123] I hold this opinion: that one who wishes those to be put to the question who it is certain were present when the murder was committed, desires the truth to be revealed, and that one who re fuses it assuredly confesses his crime by his action, although he dare not do so in words. I said, at the beginning of this part of my speech, gentlemen, that I did not wish to say more about these men's crime than the case required and necessity compelled me. For many allegations can be made, each of which could be discussed with many arguments. But I cannot spend time or trouble on what I do unwillingly and by compulsion. I have touched lightly, gentlemen, upon such points as could not possibly be passed over in silence ; those that rest on suspicion - which, if I began to speak of them, I should have to discuss at length - I leave to your intelligent conjectures.

[43.] L   [124] I come now to that golden name of Chrysogonus, ** under which the whole association is concealed. I am at a loss, gentlemen, how to speak of this name, or how to remain silent about it. If I remain silent, I omit a most important part of my argument; if I mention it, I am afraid that not Chrysogonus alone - that is a matter of indifference to me - but several others may consider themselves insulted. Nevertheless, the case is of such a nature that it does not seem that I need say much against "brokers" ** generally ; for this case is assuredly of a novel and remarkable character.

[125] Chrysogonus bought the property of Sextus Roscius. Let us first consider this question : on what justifiable grounds was it sold, or how could it have been sold ? And I will not put this question, gentlemen, in such a way as to imply that the sale of the property of an innocent citizen is scandalous. For, if such matters should find a hearing and be freely discussed, ** it will appear that Sextus Roscius was not a man of such importance in the State that we should make a complaint about his case more than about that of anyone else. My question is this: how, by virtue of that very law dealing with proscription, the Valerian or Cornelian **- for I know nothing about it and do not know which it is - how, by virtue of that very law, could the property of Sextus Roscius have been sold? [126] For it is said that it runs as follows : "that the property, either of those who have been proscribed " - of whom Sextus Roscius is not one - "or of those who have been slain within the enemy's lines ** should be sold." As long as there were any lines, he was within those of Sulla. After we had finished fighting, during a time of perfect peace, he was slain at Rome, when returning from supper. If he was slain by virtue of the law, I admit that his property also was sold by virtue of the law; but if it is established that he was slain contrary to all laws, whether new or old, I ask by what right, in what manner, or by virtue of what law were his goods sold.

[44.] L   [127] Do you ask, against whom my words are directed ? Not against him whom you desire and think them to be, for my own speech from the very beginning and his own eminent virtue at all times have exonerated Sulla. I assert that all this is the work of Chrysogonus - that he lied, that he pretended that Sextus Roscius was a bad citizen, that he said that he had been slain among Sulla's enemies, that he prevented Sulla being informed about these matters by the deputies from Ameria. Lastly, I even suspect that this property has not been sold at all, as I will afterwards show, gentlemen, if you allow me to do so. **

[128] Now I believe that the latest date on which proscriptions and sales may take place is stated in the law - namely, the first of June. Some months afterwards Roscius was slain and his property is said to have been sold. In any case, either this sale was not entered on the public registers, and we are being cheated by this rascal more cleverly than we think, or, if it was, the registers have been tampered with in some way, for it is evident that the property could not have been sold by virtue of the law. 1 am aware, gentlemen, that I am examining this question prematurely and that I am almost on the wrong road, in that while I ought to be trying to save my client's life, I am treating a minor infection. For he is not worried about money; he takes no account of his own interest ; he thinks that he will easily endure his poverty, provided he is freed from this unworthy suspicion and false accusation. [129] But I beg, gentlemen, that you will listen to the few things I have yet to say with the feeling that I am speaking partly for myself, and partly for Sextus Roscius. Things which seem to me scandalous and intolerable, and which, in my opinion, may affect us all, unless we take precautions, these I proclaim on my own account and from a feeling of indignation in my mind ; things which concern the crisis of my client's life and its legal aspect, what he wishes to be said on his behalf, what conditions will satisfy him, you will hear presently, gentlemen, at the end of my speech.

[45.] L   [130] I put the following questions to Chrysogonus on my own account, leaving Sextus Roscius out of the question : first, why has the property of an excellent. citizen been sold ; next, why has the property of a man been sold who was neither one of the proscribed nor slain among Sulla's enemies - the only persons against whom the law has been drawn up ; next, why has it been sold some time after the date prescribed by the law ; next, why was it sold at so low a price ? If, after the usual manner of worthless and wicked freedmen, he should attempt to make his patron responsible for all this, he will gain nothing by it, for everybody knows that many men have privately committed many crimes of which Sulla partly disapproved and partly was ignorant, owing to the magnitude of his undertakings. [131] Does it seem right, then, that in matters of this kind anything should be overlooked through inattention? It does not seem right, gentlemen, but it is inevitable. In fact, if Jupiter, greatest and best, whose nod and will governs heaven, earth, and seas, has often done grievous harm to men by furious winds, violent storms, excessive heat or unbearable cold, destroyed their cities and ruined their crops, we do not attribute any of these disasters to the divine will and a desire for causing destruction, but to the mere force and the mighty agency of nature. But, on the other hand, the advantages of which we avail ourselves, the light which we enjoy, the air we breathe, these are favours given to us and bestowed upon us by Jupiter. Why then, gentlemen, should we be surprised, if Sulla, at the time when he alone guided the republic and swayed the world, when he was strengthening by laws the majesty of his supreme power which he had regained by force of arms, should unavoidably have allowed a few things to pass unnoticed ? unless we ought rather to be surprised that human intelligence has not obtained results of which divine power is incapable.

[132] But, leaving aside the past, anyone can understand, from what is going on, especially just at the present moment, that the author and contriver of all is Chrysogonus alone, who caused Sextus Roscius to be accused and out of regard for whom Erucius declared he brought the accusation. **

* * * * * * *

[46.] L   . . . People who live in the territory of the Sallentini or Bruttii, ** whence they can get news scarcely three times a year, think that they possess a country house, convenient and suitably arranged. [133] Here you have the other ** coming down from his fine house on the Palatine: he has for his enjoyment a pleasant suburban country-seat, besides a number of farms all of them excellent and near the city ; a house crammed with Delian and Corinthian vessels, ** among them that self-cooker, ** which he recently bought at so high a price that passers-by, hearing the auctioneer crying out the bids, ** thought that an estate was being sold. What quantities besides of embossed silver, of coverlets, pictures, statues, marble can you imagine he possesses ? As much, of course, as could be heaped up in a single house, taken from many illustrious families during times of disturbance and rapine. But what am I to say about his vast household of slaves and the variety of their technical skill? [134] I say nothing about such common trades, such as those of cooks, bakers, litter-bearers : to charm his mind and ears, he has so many artists, that the whole neighbourhood rings daily with the sound of vocal music, stringed instruments, and flutes, and with the noise of banquets by night. When a man leads such a life, gentlemen, can you imagine his daily expenses, his lavish displays, his banquets ? Quite respectable, I suppose, in such a house, if that can be called a house rather than a manufactory of wickedness and a lodging-house of every sort of crime. [135] And look at the man himself, gentlemen ; you see how, with hair carefully arranged and reeking with perfume, he struts about all over the forum accompanied by a crowd of wearers of the toga **; you see what contempt he has for everyone, how he considers no one a human being compared with himself, and believes that he alone is wealthy and powerful.

If I were inclined to mention all that he does and attempts to do, I am afraid, gentlemen, that some less well-informed person may think that I wanted to attack the cause of the nobility and their victory ; although I am within my rights, should anything displease me in that party, in attacking it; for I have no fear of anyone thinking that my feelings have ever been unfriendly to the cause of the nobility. [47.] L   [136] Those who know me are aware that, to the best of my poor and feeble abilities, the moment their mutual agreement, which I desired above all, became impossible, I earnestly strove to secure the victory for those who have won it. For was there anyone who could not see that men of low birth were contending with men of rank ** for the possession of the highest honours? In such a contest it would have been the act of a degenerate citizen not to join those whose safety assured the dignity of the state at home and its authority abroad. I am glad, gentlemen, and highly delighted that this has been accomplished, that each has been rewarded and his rank restored ; and I am aware that all these results are due to the will of the gods, the zeal of the Roman people, the wisdom, supreme power, and good fortune of Sulla. [137] I ought not to find fault with punishment having been inflicted on those who fought against us in every way they could ; I approve of the rewarding of those brave men who displayed special zeal in the conduct of affairs. I am of opinion that the object of the struggle was that these results should be attained, and I confess that I was devoted to that party. But if the object was that, if arms were taken up, the lowest of people might be enriched by the wealth of others and might be able to make an inroad on everyone's property ; if it is not only unlawful to prevent this by action, but even to utter a word of censure, then indeed, instead of the Roman people being remade and re-established, this war has merely subdued and crushed it. [138] But it is quite otherwise, gentlemen ; nothing of the kind has taken place; not only will no harm be done to the cause of the nobles by your resisting such people, but, on the contrary, it will gain additional lustre.

[48.] L   In fact, those who are inclined to find fault with the present state of things complain of the excessive power of Chrysogonus ; those who are inclined to praise it declare that no such power has been granted to him. There is no reason why anyone should be so foolish or dishonest as to say : "?I could wish it were allowed ; I would have said this."   You may say it. "I would have done this."   You may do it ; no one prevents you. "I should have decreed this."**   Decree it, provide you decree rightly ; everyone will approve. "I should have judged thus." **   Everyone will praise you, if you judge rightly and in due form. [139] While it was necessary and the state of affairs demanded, one man alone possessed all power; but after he created magistrates and established laws, everyone's sphere of duty and authority was restored to him. Those who have recovered it, if they desire to retain it, will be able to hold it in perpetuity ; but if they commit or approve of such acts of murder and rapine, of so great and lavish expenses - I do not wish to say anything too harsh against them, anything that might even seem inauspicious. ** I merely say this: this nobility of ours, unless they show themselves watchful, kindly, brave, and merciful, will have to resign their distinctions to those who possess these qualities. [140] Wherefore let them at last cease from saying that a man who has spoken with truth and frankness has spoken treasonably; let them cease from making common cause with Chrysogonus; let them cease from thinking that, if he is injured, they themselves have suffered any loss ; let them consider whether it is not disgraceful and miserable that they, who could not suffer the splendour of the equestrian order, ** should be able to endure the domination of the basest of slaves. This domination, gentlemen, was formerly employed on other matters, ** but now you see what road it is constructing, what course it is entering upon: it is aiming at your loyalty, your oath, your verdicts, at almost the only thing that is left in the State uncorrupted and inviolable.[141] Does Chrysogonus think that even in this he possesses some influence ? does he wish to be powerful even in this? How miserable ! how cruel! Yet, by Hercules, I am not indignant because I am afraid of his having any power, but the fact that he showed such audacity, that he entertained the hope that with men such as these he could have sufficient influence to cause the ruin of an innocent man, that is just what I complain of. [49.] L   Did the nobility, then, at length aroused, recover the government by force of arms and the sword, only in order that freedmen and worthless slaves of the nobles might be able to attack our property and fortunes ? [142] If this was their object, I confess that I made a mistake in preferring their victory ; I confess that I lost my head in agreeing with their opinions, although I did so without taking part in the fight. But if the victory of the nobles is to be a glory and advantage to the republic and the Roman people, then indeed my speech ought to be most welcome to all the best and noblest of the citizens. But if there be anyone who thinks that both he himself and the cause suffer injury when Chrysogonus is attacked, he does not understand the cause, but forms a good estimate of his own position: ** for the cause will be rendered more glorious, if it shall offer resistance to every scoundrel, but the shameless supporter of Chrysogonus, who thinks that between him and Chrysogonus there is a close fellowship of interest, does suffer injury, for he is cut off from any share of the glory of the cause.

[143] But, I repeat, all that I have just said has been said in my own name ; it is the condition of the republic, my indignation, and the injustice of those men that have forced me to speak as I have done. Sextus Roscius feels no indignation at any of these acts of injustice, he accuses no one, he makes no complaint about the loss of his inheritance. Inexperienced in the ways of the world, this husbandman and rustic believes that all that you assert was the act of Sulla was done in accordance with law, custom, and the law of nations ** ; his desire is, to leave this tribunal free from all blame and acquitted of this nefarious accusation; [144] if he is delivered from this unworthy suspicion, he declares that he is resigned to the loss of all his property. He begs and prays you, Chrysogonus, if out of his father's ample fortune he has converted nothing to his own advantage, if he has defrauded you in nothing, if he has given over to you all his property with the utmost good faith, has counted and weighed each item separately, if he has delivered to you the very clothes which covered him and the ring ** from his finger, if, of all his belongings he has only reserved his naked body and nothing else - he begs and prays you to allow an innocent man to pass his life in indigence, with the assistance of his friends.

[50.] L   [145] You possess my farms; I am living on the charity of others ; I yield, because I am resigned and because I must. My house is open to you, but shut to me; I bear it. You have at your disposal my numerous household; I have not a single slave; I suffer it and think that it can be endured. What more do you want? why pursue me? why attack me? in what do you think I have thwarted your desires ? in what have I opposed your interests ? in what have I stood in your way? If you wish to murder a man for the sake of the spoils, you have already despoiled him ; what more do you ask for? If it is from enmity, what enmity can exist between you and one whose farms you took possession of before you knew the man himself? If it is from fear, can you have anything to fear from one whom you see to be incapable of warding off so atrocious an injustice by himself? But if it is because the property which belonged to Sextus Roscius has become yours that you are eager to destroy his son, do you not make it plain that you are afraid of that of which you of all men ** should have the least reason to be afraid - lest sometime or other their father's property may be restored to the children of the proscribed ?

[146] You do wrong, Chrysogonus, if you place greater hope of preserving your purchase in the death of my client than in what Sulla has achieved. But if you have no reason for wishing this unhappy man to be afflicted by so great a calamity, if he has handed over to you everything except the breath in his body, if he has not secretly kept back anything that belonged to his father even as a memento of him, by the immortal gods! what is the meaning of this monstrous cruelty, this savage inhumanity of character? Was ever robber so criminal, was ever pirate so barbarous, as to prefer to strip off spoils dripping with blood when he could have the entire booty without bloodshed? [147] You know that my client possesses nothing, that he dares do nothing, can do nothing, that he has never intended anything against your interests; and yet you attack him whom you cannot fear and ought not to hate, who you see has nothing left of which you can rob him; unless you think it scandalous to see him wearing his clothes and sitting in this court - the man whom you have driven out of his patrimony as naked as if he had suffered shipwreck. As if you did not know that his food and clothing are supplied by Caecilia, ** the daughter of Balearicus, the sister of Nepos, a woman highly esteemed, who, although she had a most illustrious father, most distinguished uncles, and a most eminent brother, has yet, woman though she is, displayed such worth ** that, great as is the honour which she herself derives from their eminence, she in her turn confers on them no lesser dignity through her own merits.

[51.] L   [148] Or does it seem to you scandalous that he is zealously defended ? Believe me, if, in consideration of the ties of hospitality and friendship which attached them to his father, all his friends were willing to be present and dared to defend him openly, he would have enough defenders and to spare ; but if, in consideration of the greatness of the injustice, and of the fact that the highest interests of the State are being attacked in the peril by which he is threatened - if all were to punish these acts, by Hercules! you would not be allowed to stand where you are. As it is, the conditions under which he is now defended are certainly not such as ought to annoy our opponents, or make them think that they are being defeated by superior power. [149] As for his domestic affairs, they are looked after by Caecilia ; the conduct of his affairs in the forum and in court, as you see, gentlemen, has been undertaken by Messalla. ** If he were old and strong enough, he would plead himself for Sextus Roscius ; but since his youth and his modesty, which is an ornament to it, prevent him from speaking, he has entrusted the cause to me, who he knew desired and was under an obligation to undertake it in his interest. Personally, by his constant presence in court, his advice, influence, and unwearied attention, he succeeded in rescuing the life of Sextus Roscius from the hands of the brokers and getting it left to the verdict of his judges. There can be no doubt, gentlemen, that most of the citizens took up arms for such nobles as Messalla ; their object was that these nobles should be restored to their rights as citizens who were ready to do what you see Messalla doing - defend the civil existence of an innocent man, resist injustice, and show the extent of their power in saving rather than ruining their fellow-men. If all those who have been born in the same rank were to do this, the State would have less to suffer from them, and they themselves would suffer less from the jealousy with which they are regarded.

[52.] L   [150] But, gentlemen, if we cannot persuade Chrysogonus to be content with our money and not to aim at our life ; if, after having taken away everything that belonged to us, he cannot be induced to abstain from robbing us even of the light of day which is common to all the world ; if he does not consider it enough to glut his avarice with money, unless blood be provided to assuage his brutality ; then, gentlemen, the only refuge, the only hope that is left for Sextus Roscius is the same that is left for the republic - the kindheartedness and compassion which you showed in earlier times. If these feelings abide, we can even now be saved. But if that barbarity, which in these times is rife in the State, hardens and embitters your hearts - which assuredly cannot be the uc gentlemen, it is all over; it would be better to spend one's life among wild beasts than in the midst of such frightful monsters. [151] Is it for this that you have been reserved, is it for this that you have been chosen as judges, that you might condemn those whom cut-throats and assassins have not been able to murder? Good generals, when they join battle, are accustomed to post soldiers at the spot to which they think the enemy will retreat, that they may make a sudden attack upon any who may flee from the field. No doubt these purchasers of confiscated goods think that in the same manner men like you are sitting here to catch those who have escaped their hands. Heaven forbid, gentlemen, that this which our ancestors willed should be called the public council, ** should be thought to be a safeguard for brokers! [152] Do you not really understand, gentlemen, that the only aim of these proceedings is that the children of the proscribed should be removed by means fair or foul, and that the first step in this is being sought for in the case of your verdict and the peril of Sextus Roscius? Is there any doubt who is responsible for the crime, when you see on the one side a broker, an enemy, an assassin, and at the same time our accuser, on the other, reduced to poverty, a son esteemed by his friends and relatives, to whom not only no culpability, but not even a shadow of suspicion can be attached ? Do you see anything else in these circumstances that goes against Roscius, except that his father's property has been sold ?

[53.] L   [153] But if you support that cause and proffer your assistance to ensure its success; if you are sitting here in order that the children of those whose goods have been sold may be brought before you, by the immortal gods ! gentlemen, take care lest you seem to have inaugurated a new and far more cruel proscription. The first was directed against those who were able to take up arms ; none the less the senate refused to support it, for fear that an act more severe than what was ordained by our ancestors might appear to have the approval of the public council. The second concerns the children and infants of the proscribed in the cradle, and unless you reject it with contempt by your verdict in this trial, by the immortal gods! consider, gentlemen, to what a state you think the republic may be brought.

[154] It behoves wise men, furnished with the authority and power which you possess, to apply the most effective remedies to the evils from which the republic especially suffers. There is no one among you who does not know that the Roman people, who were formerly considered to be most lenient towards their enemies, is suffering today from cruelty towards its own citizens. Banish this cruelty from the State, gentlemen ; do not allow it to stalk abroad any longer in this republic ; for it not only involves this evil, that it has removed so many citizens by a most atrocious death, but it has also stifled all feeling of pity in the hearts of men generally most merciful, by familiarising them with all kinds of evils. For when, every hour, we see or hear of an act of cruelty, even those of us who are by nature most merciful lose from our hearts, in this constant presence of trouble, all feeling of humanity.


58.   Cicero assumes this because Erucius had made no attempt to deal with Cicero's answer in § 74 "si ipsum arguis, Romae non fuit."

59.   Literally "to obtain two things for one payment."

60.   Perfundere has also been translated "to moisten," in the sense of "only involving us in a suit as a matter of form, your real desire being to accuse those who paid you." But this can hardly be the meaning.

61.   Another suggested rendering is: "those same brokers were generally the men who broke necks." For the meaning of sector see note on § 93.

62.   It had apparently been suggested that Roscius had privately kept back some of his father's property that had been confiscated and belonged to the State.

63.   'Declamare' is a word properly applied to the delivery of an speech on an imaginary case (causa ficta) in the rhetorical schools ; here it probably means practising a speech at home which it was intended to deliver. 'Commentari' is a similar term.

64.   Titus Roscius: that is, Magnus.

65.   L. Cassius Longinus, tribune 137, consul 127, censor 125. He promulgated the lex Cassia tabellaria, introducing the ballot for the verdict in criminal courts. As Cicero says here, he was noted for his severity and called 'scopulus reorum'.

66.   Ablative absolute. mss. have perspicuum, agreeing with crimen. 'Eo' will then mean "by that," that is, the fact of the plunder obtained by the robber.

67.   Cf. § 59.

68.   The massacres of the proscribed, in which many of the accusatores were slain, is compared to the sanguinary battle of Cannae.

69.   A reservoir in Rome, adjoining the Basilica Iulia, where the Vicus Iugarius opened into the Forum. Here the heads of the slain accusers were exposed.

70.   According to the Scholiast, a verse from the Achilles of Ennius. The words are spoken by Ulysses, when excusing himself to Ajax for having taken refuge in the tent of Achilles, after Hector had fired the Greek ships.

71.   Nothing certain is known as to the identity of these accusatores

72.   They were too old to fight in battle or in the courts, and being no longer to be feared, their lives were spared. Old men (over 60) were exempt from service in the field and from acting as judges or voting.

73.   Here again (cf. § 77) the praenomen is missing. There were two Antistii : (1) Publius, referred to by Cicero (Brutus, 226) as a capable pettifogging lawyer (rabula probabilis). But he supported Sulla and was put to death by the younger Marius, whereas Cicero is here speaking of those who were put to death in the Sullan proscriptions. (2) L. Antistius, who accused a certain Titus Matrinius of Spoletum, who had been presented by Marius with the Roman citizenship, but there seems no reason to suppose he is referred to here.

74.   By getting rid of their personal opponents; or it may simply mean that they were engaged in trying to retrieve their fortunes.

75.   The sectores or brokers. The word is probably derived from 'secare'. As the purchasers of confiscated goods had to take over any debts attached to them, they claimed that a certain percentage should be deducted to counterbalance them, 'secare' thus meaning "to cut off" from the price. Others explain that these brokers "cut up " the goods into small parcels to sell again, but this is 'auctio' rather than 'sectio'.

76.   See § 19.

77.   The charioteer of Achilles, noted for his fast driving.

78.   Another rendering is "to be conferred on him at Rome." 'Palma lemniscata' was a palm-branch or crown ornamented with hanging, coloured ribbons, which was considered the victor's highest reward.

79.   There was an old proverb: sexagenarios de ponte (" men of sixty from the bridge "). Ovid (Fasti, v. 634) explains this of the younger men driving the old men from the 'pontes' or gangways that led to the voting-enclosure, so that they might control the elections. But Cicero clearly refers to a tradition that sexagenarii were thrown from the Sulpician bridge either to get rid of the surplus population after the capture of Rome by the Gauls in 390 B.C., or as human sacrifices, for which later on dummy figures of rushes were substituted. Cicero says that Capito had thrown a man over the bridge and attempts to be witty by saying that he had violated the mos maiorum because the man was under 60. SeeSir J. G. Frazer, Ovid, Fasti, vol. iv. note on v. 621, especially pp. 79 seqq.

80.   Titus Roscius Magnus.

81.   Capito.

82.   The exclamation expresses indignation at the idea of such a thing happening.

83.   The younger.

84.   As an accuser, it is no good your sitting by the side of Erucius without opening your mouth ; further, the evidence given by an accuser is tainted.

85.   See § 25.

86.   That the sale of the property should be put off.

87.   We should say, "subpoena them."

88.   A mandate (commission, trust) is "a contract in which one person (mandatarius) promises to do or give something without remuneration, at the request of another (mandator)" (W. A. Hunter, Roman Law.) It arises from consent, and no special form of words is necessary. The mandatarius was responsible for any loss wilfully caused or due to carelessness. A wilful breach of duty as a mandatarius when proved was punished by infamia, which excluded him from political life.

89.   The reading in the text may be thus explained : a man of strong character will not think such a burden heavy, but one who is light (i.e. weak-minded, without character) will. Various alterations have been suggested : maxime for the first minime; or leve for grave; or non posse for posse.

90.   If the mandatory has done what he ought to do. The mandator can afford to be negligent, as he trusts his mandatory.

91.   Generally taken to mean that Sextus told Capito he might give Chrysogonus a guarantee in his (Sextus's) name that he would recognise the arrangement concluded by Titus. But why should Sextus give such a guarantee? A better version is: that Capito should give his word of honour to do his best conscientiously and on his own responsibility.

92.   An arbiter had not (like a iudex) to give his decision according to a formula prescribed for him by a praetor, but it was left to his discretion to do so according to bona fides (fair dealing) after weighing the claims on each side and circumstances generally (see more in Pro Roscio Comoedo, § 10).

93.   Fides appears to be used in two senses: (1) honour, good faith; (2) belief in the honour of another.

94.   Cf. De inventione, i. 41 "quod simile erit ei negotio, quo de agitur" for the transposition of 'de'.

95.   mss. have 'a gladiatore', "to have given up his character as gladiator."

96.   That is, your refusal amounted to confessing the crime.

97.   As in Greece, the voluntary evidence given by slaves was not accepted, except in special cases, such as the Catilinarian conspiracy. As a rule they were tortured to make them confess what it was wanted to prove. Slaves could not, however, be tortured to prove their master's guilt, unless he consented.

98.   In this case, the slaves of Roscius were in an ambiguous position: they had been his and were not so now. Their evidence might be able to prove the guilt of the two Roscii, but would not be 'in dominos', since Sextus Roscius is the defendant.

99.   In allusion to the wealth amassed by him during the time of the proscriptions and also to the first element 'chryso-' of the compound ('genos' = born); cf. Dion Chrysostom ('chrysostomos'), the golden-mouthed.

100.   For the meaning of sector see note on § 93.

101.   Before other judges, who will be more inclined to listen to freely expressed complaints in regard to the proscriptions.

102.   Proposed in 82 B.C. by L. Valerius Flaccus. It gave the force of law to all Sulla's previous acts. A supplementary law (lex Cornelia de proscriptione) was added by Sulla when dictator, giving a legal form to the previous violent measures. An important addition was the fixing of a date when the proscription-lists and the sale of confiscated goods were to discontinued (June 1, 81 B.C.).

103.   'Praesidium' is an armed post generally, and can be used of any strong place occupied temporarily; this explains the remark that follows, "dum praesidia ulla fuerunt."

104.   See § 132.

105.   See § 127. There is a considerable lacuna here, the purpose and some disconnected words being given by the Scholiast. The points dealt with in it by Cicero were no doubt the low price at which the property was sold (§ 130), and its disposal by Chrysogonus in various ways. His answer to this, according to the Scholiast, was: "Non quia timui, ne mihi tollerentur bona Roscii, ideo eius praedia dissipavi, sed quia aedificabam in Veientana, ideo de his transtuli,"   "I did not disperse the property because I was afraid that it might be taken away from me, but removed part to a house I was building in Veientine territory." Cicero, however, concluded from this dispersal that it had not been sold at all. He then went on to attack the luxury and extravagance of Chrysogonus, which made him desperately in need of money. Scholiast: "in hoc capite de potentia Chrysogoni invidiam facit, ut enumeret singula deliciarum genera, quod habeat plures possessiones, mancipia, quae omnia dicit de rapinis ipsum habere."

106.   In Calabria, on the south-eastern extremity of Italy; the Bruttii inhabited its southern point.

107.   "The other," i.e. Chrysogonus, whose splendid house, furniture, ornaments, and large household of domestic servants and slaves he proceeds to describe.

108.   Of gold, silver, and copper, famous for their workmanship.

109.   Greek 'authepsēs': a utensil for boiling, resembling a tea-urn.

110.   Others read 'enumerare', to count out, pay.

111.   Citizens who disgraced their toga by appearing in the retinue of a freedman.

112.   With reference not only to a man's birth, but also to his moral worth.

113.   As a senator.

114.   As a iudex.

115.   Throughout this passage Cicero endeavours to attack Chrysogonus without appearing to attack Sulla and the aristocratic party.

116.   'Equestrem splendorem'. This refers especially to the lex iudiciaria of Gaius Gracchus, whereby the office of iudices was transferred from the senators to the knights. This led to great jealousy between the two orders. In the civil war the knights were chiefly on the side of Marius, and hence were severely punished by Sulla.

117.   Such as the proscriptions and the purchase of confiscated goods.

118.   Anyone who considers blame of Chrysogonus to be an attack upon himself and the cause of the nobles, does not understand the cause, but knows his own bad position; at the moment when he feels insulted if Chrysogonus is attacked he severs himself from the party of the nobles.

119.   Ius gentium : according to the Roman jurists, the principles of right and wrong recognized in the laws of all peoples, the law common to all nations, not the same as international law.

120.   The seal-ring worn by every free Roman.

121.   There is no fear of Sulla depriving you of it, seeing that you are his favourite, and also provision was made against it.

122.   She was the daughter of Q. Caecilius Metellus, who obtained the name of Balearicus from his conquest of the Balearic Islands during his consulship in 123; of her uncles, Marcus suppressed a revolt of the Sardinians and Gaius defeated the Thracians. Her brother was Q. Caecilius Metellus Nepos, who was consul in 98. The mss. vary as to her name. In § 27 she is described as "Nepotis filiam," here as "Balearici filia, Nepotis soror." But since there is little doubt that she was the daughter of Metellus Balearicus, the text has been altered to correspond.

123.   'Mulier' and 'virtute' are purposely contrasted: the etymology of the latter ('vir', a man) is to be considered in reference to the sentence "cum esset mulier."

124.   It is uncertain who this Messalla was : either the consul in 61 B.C., or in 53, who was now about sixteen years old.

125.   'Consilium publicum': the name commonly applied to the senate, here also to the assembly of iudices summoned by a public official, the praetor.

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