For Sextus Roscius of Ameria (M. Tullius Cicero)

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	For Sextus Roscius of Ameria Author: M. Tullius Cicero	Translator: C. D. Yonge
1	credo ego vos , iudices , mirari quid sit quod , cum tot summi oratores hominesque nobilissimi sedeant , ego potissimum surrexerim , is qui neque aetate neque ingenio neque auctoritate sim cum his qui sedeant comparandus . omnes hi quos videtis adesse in hac causa iniuriam novo scelere conflatam putant oportere defendi , defendere ipsi propter iniquitatem temporum non audent . ita fit ut adsint propterea quod officium sequuntur , taceant autem idcirco quia periculum vitant .	I imagine that you, O judges, are marvelling why it is that when so many most eminent orators and most noble men are sitting still, I above all others should get up, who neither for age, nor for ability, nor for influence, am to be compared to those who are sitting still. For all these men whom you see present at this trial think that a man ought to be defended against all injury contrived against him by unrivalled wickedness; but through the sad state of the times they do not dare to defend him themselves. So it comes to pass that they are present here because they are attending to their business, but they are silent because they are afraid of danger.
2	quid ergo ? audacissimus ego ex omnibus ? minime . an tanto officiosior quam ceteri ? ne istius quidem laudis ita sum cupidus ut aliis eam praereptam velim . quae me igitur res praeter ceteros impulit ut causam Sex . Rosci reciperem ? quia , si qui istorum dixisset quos videtis adesse , in quibus summa auctoritas est atque amplitudo , si verbum de re publica fecisset , id quod in hac causa fieri necesse est , multo plura dixisse quam dixisset putaretur .	What then? Am I the boldest of all these men? By no means. Am I then so much more attentive to my duties than the rest? I am not so covetous of even that praise, as to wish to rob others of it. What is it then which has impelled me beyond all the rest to undertake the cause of Sextus Roscius? Because, if any one of those men, men of the greatest weight and dignity, whom you see present, had spoken, had said one word about public affairs, as must be done in this case, he would be thought to have said much more than he really had said.
3	ego autem si omnia quae dicenda sunt libere dixero , nequaquam tamen similiter oratio mea exire atque in volgus emanare poterit . deinde quod ceterorum neque dictum obscurum potest esse propter nobilitatem et amplitudinem neque temere dicto concedi propter aetatem et prudentiam . ego si quid liberius dixero , vel occultum esse propterea quod nondum ad rem publicam accessi , vel ignosci adulescentiae meae poterit ; tametsi non modo ignoscendi ratio verum etiam cognoscendi consuetudo iam de civitate sublata est .	But if I should say all the things which must be said with ever so much freedom, yet my speech will never go forth or be diffused among the people in the same manner. Secondly, because anything said by the others cannot be obscure, because of their nobility and dignity, and cannot be excused as being spoken carelessly, on account of their age and prudence; but if I say anything with too much freedom, it may either be altogether concealed, because I have not yet mixed in public affairs, or pardoned on account of my youth; although not only the method of pardoning, but even the habit of examining into the truth is now eradicated from the State.
4	accedit illa quoque causa quod a ceteris forsitan ita petitum sit ut dicerent , ut utrumvis salvo officio se facere posse arbitrarentur ; a me autem ei contenderunt qui apud me et amicitia et beneficiis et dignitate plurimum possunt , quorum ego nec benevolentiam erga me ignorare nec auctoritatem aspernari nec voluntatem neglegere debebam .	There is this reason, also, that perhaps the request to undertake this cause was made to the others so that they thought they could comply or refuse without prejudice to their duty; but those men applied to me who have the greatest weight with me by reason of their friendship with me, of the kindnesses they have done me, and of their own dignity; whose kindness to me I could not be ignorant of whose authority I could not despise, whose desires I could not neglect.
5	his de causis ego huic causae patronus exstiti , non electus unus qui maximo ingenio sed relictus ex omnibus qui minimo periculo possem 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 consuerunt 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 .	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	quae res ea est ? bona patris huiusce Sex . Rosci quae sunt sexagiens , quae de viro fortissimo et clarissimoLucio Sulla , quem honoris causa nomino , duobus milibus nummum sese dicit emisse adulescens vel potentissimus hoc tempore nostrae civitatis , Lucius 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 metumque tollatis ; sese hoc incolumi non arbitratur huius innocentis patrimonium tam amplum et copiosum posse obtinere , damnato et eiecto sperat se posse quod adeptus est per scelus , id per luxuriam effundere atque consumere . hunc sibi ex animo scrupulum qui se dies noctesque stimulat ac pungit ut evellatis postulat , ut ad hanc suam praedam tam nefariam adiutores vos profiteamini .	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	si vobis aequa et honesta postulatio videtur , iudices , ego contra brevem postulationem adfero et , quo modo mihi persuadeo , aliquanto aequiorem .	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.
8	primum a Chrysogono peto ut pecunia fortunisque nostris contentus sit , sanguinem et vitam ne petat ; deinde a vobis , iudices , ut audacium sceleri resistatis , innocentium calamitatem levetis et in causa Sex . Rosci periculum quod in omnis intenditur propulsetis .	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.
9	quod si aut causa criminis aut facti suspicio aut quaelibet denique vel minima res reperietur 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 illorum 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 consuerunt ? qui ex civitate in senatum propter dignitatem , ex senatu in hoc consilium delecti estis propter severitatem , ab his 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 ex hoc iudicio ornati auctique discedant ?	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?
10	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 pericula . quapropter vos oro atque obsecro , iudices , ut attente bonaque cum venia verba mea audiatis .	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.
11	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 potero , opprimi me onere offici malo quam id quod mihi cum fide semel impositum est aut propter perfidiam abicere aut propter infirmitatem animi deponere .	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.
12	te quoque magno opere , Marci Fanni , quaeso ut , qualem te iam antea populo Romano praebuisti , cum huic eidem quaestioni iudex praeesses , talem te et nobis et rei publicae hoc tempore impertias .	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.
13	quanta multitudo hominum convenerit ad hoc iudicium vides ; quae sit omnium mortalium exspectatio , quae cupiditas ut acria ac severa iudicia fiant intellegis . longo intervallo iudicium inter sicarios hoc primum committitur , cum interea caedes indignissimae maximaeque factae sunt ; omnes hanc quaestionem te praetore manifestis maleficiis cotidianoque sanguine dignissimam sperant futuram .	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.
14	qua vociferatione in ceteris iudiciis accusatores uti consuerunt , ea nos hoc tempore utimur qui causam dicimus . petimus abs te , Marce 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 ostendetis , eo prorumpere hominum cupiditatem et scelus et audaciam ut non modo clam verum etiam hic in foro ante tribunal tuum , Marci Fanni , ante pedes vestros , iudices , inter ipsa subsellia caedes futurae sint .	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.
15	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 ipsum 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 .	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.
16	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 vobis exponemus , quo facilius et huius hominis innocentissimi miserias et illorum audacias cognoscere possitis et rei publicae calamitatem .	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.
17	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 . itaque ex suis omnibus commodis hoc solum filio reliquit ; nam patrimonium domestici praedones vi ereptum possident , fama et vita innocentis ab hospitibus amicisque paternis defenditur .	Sextus Roscius, the father of this man, was a citizen 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 and friends.
18	hic 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 homines atque ex omni regione caperentur ei qui adversarii fuisse putabantur , erat ille Romae frequens atque in foro et in ore omnium cotidie versabatur , magis ut exsultare victoria nobilitatis videretur quam timere ne quid ex ea calamitatis sibi accideret .	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.
19	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 Titi Roscii , quorum alteri Capitoni cognomen est , iste qui adest Magnus vocatur , homines eius modi : alter plurimarum palmarum vetus ac nobilis gladiator habetur , hic autem nuper se ad eum lanistam contulit , quique ante hanc pugnam tiro esset quod sciam , facile ipsum magistrum scelere audaciaque superavit .	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.
20	nam cum hic Sex . Roscius esset Ameriae , T . autem iste Roscius Romae , cum hic filius adsiduus in praediis esset cumque se voluntate patris rei familiari vitaeque rusticae dedisset , ipse autem frequens Romae esset , occiditur ad balneas Pallacinas rediens a cena Sex . Roscius . spero ex hoc ipso non esse obscurum ad quem suspicio malefici pertineat ; verum id quod adhuc est suspiciosum nisi perspicuum res ipsa fecerit , hunc adfinem culpae iudicatote .	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.
21	occiso Sex . Roscio primus Ameriam nuntiat Mallius Glaucia quidam , homo tenuis , libertinus , cliens et familiaris istius Titi Rosci , et nuntiat domum non fili sed Titi Capitonis inimici ; et cum post horam primam noctis occisus esset , primo diluculo nuntius hic Ameriam venit ; decem horis nocturnis sex et quinquaginta milia passuum cisiis pervolavit , non modo ut exoptatum inimico nuntium primus adferret sed etiam cruorem inimici quam recentissimum telumque paulo ante e corpore extractum ostenderet .	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.
22	quadriduo quo haec gesta sunt res ad Chrysogonum in castra Lucii 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 rusticum et Romae ignotum de medio tolli posse ; ad eam rem operam suam pollicentur .	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.
23	ne diutius teneam , iudices , societas coitur . cum nulla iam proscriptionis mentio fieret , cum etiam qui antea metuerant redirent ac iam defunctos sese periculis arbitrarentur , nomen refertur in tabulas Sex . Rosci , hominis studiosissimi nobilitatis ; manceps fit Chrysogonus ; tria praedia vel nobilissima Capitoni propria traduntur , quae hodie possidet ; in reliquas omnis fortunas iste Titus Roscius nomine Chrysogoni , quem ad modum ipse dicit , impetum facit . haec omnia , iudices , imprudente Lucio Sulla facta esse certo scio .	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;
24	neque enim mirum , cum eodem tempore et ea quae praeterita sunt reparet 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 in tanta felicitate nemo potest esse in magna familia qui neminem neque servum neque libertum improbum habeat .	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.