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
25	interea iste T . Roscius , vir optimus , procurator Chrysogoni , Ameriam venit , in praedia huius invadit , hunc miserum , luctu perditum , qui nondum etiam omnia paterno funeri iusta solvisset , nudum eicit domo atque focis patriis disque penatibus praecipitem , iudices , exturbat , ipse amplissimae pecuniae fit dominus . qui in sua re fuisset egentissimus , erat , ut fit , insolens in aliena ; multa palam domum suam auferebat , plura clam de medio removebat , non pauca suis adiutoribus large effuseque donabat , reliqua constituta auctione vendebat .	In the meantime Titus Roscius, excellent man, the agent of Chrysogonus, comes to Ameria; he enters on this man's farm; turns this miserable man, overwhelmed with grief, who had not yet performed all the ceremonies of his father's funeral, naked out of his house, and drives him headlong from his paternal hearth and household gods; he himself becomes the owner of abundant wealth. He who had been in great poverty when he had only his own property, became, as is usual, insolent when in possession of the property of another; he carried many things openly off to his own house; he removed still more privily; he gave no little abundantly and extravagantly to his assistants; the rest he sold at a regular auction.
26	quod Amerinis usque eo visum est indignum ut urbe tota fletus gemitusque fieret . etenim multa simul ante oculos versabantur , mors hominis florentissimi , Sex . Rosci , crudelissima , fili autem eius egestas indignissima , cui de tanto patrimonio praedo iste nefarius ne iter quidem ad sepulcrum patrium reliquisset , bonorum emptio flagitiosa , possessio , furta , rapinae , donationes . nemo erat qui non ardere omnia mallet quam videre in Sex . Rosci , viri optimi atque honestissimi , bonis iactantem se ac dominantem Titum Roscium .	Which appeared to the citizens of Ameria so scandalous, that there was weeping and lamentation over the whole city. In truth, many things calculated to cause grief were brought at once before their eyes; the most cruel death of a most prosperous man, Sextus Roscius, and the most scandalous distress of his son; to whom that infamous robber had not left out of so rich a patrimony even enough for a road to his father's tomb; the flagitious purchase of his property, the flagitious possession of it; thefts, plunders, largesses. There was no one who would not rather have had it all burnt, than see Titus Roscius acting as owner of and glorying in the property of Sextus Roscius, a most virtuous and honourable man.
27	itaque decurionum decretum statim fit ut decem primi proficiscantur ad Lucium Sullam doceantque eum qui vir Sex . Roscius fuerit , conquerantur de istorum scelere et iniuriis , orent ut et illius mortui famam et fili innocentis fortunas conservatas velit . atque ipsum decretum , quaeso , cognoscite . DECRETVM DECVRIONVM . legati in castra veniunt . intellegitur , iudices , id quod iam ante dixi , imprudente Lucio Sulla scelera haec et flagitia fieri . nam statim Chrysogonus et ipse ad eos accedit et homines nobilis adlegat qui peterent ne ad Sullam adirent , et omnia Chrysogonum quae vellent esse facturum pollicerentur .	Therefore a decree of their senate is, immediately passed, that the ten chief men should go to Lucius Sulla, and explain to him what a man Sextus Roscius had been; should complain of the wickedness and outrages of those fellows, should entreat him to see to the preservation both of the character of the dead man, and of the fortunes of his innocent son, And observe, I entreat you, this decree— [here the decree is read] —The deputies come to the camp. It is now seen, O judges, as I said before, that these crimes and atrocities were committed without the knowledge of Lucius Sulla. For immediately Chrysogonus himself comes to them, and sends some men of noble birth to them too, to beg them not to go to Sulla, and to promise them that Chrysogonus, will do everything which they wish.
28	Vsque adeo autem ille pertimuerat ut mori mallet quam de his rebus Sullam doceri . homines antiqui , qui ex sua natura ceteros fingerent , cum ille confirmaret sese nomen sex . Rosci de tabulis exempturum , praedia vacua filio traditurum , cumque id ita futurum Titus Roscius Capito qui in decem legatis erat appromitteret , crediderunt ; Ameriam re inorata reverterunt . ac primo rem differre cotidie ac procrastinare isti coeperunt , deinde aliquanto lentius nihil agere atque deludere , postremo , id quod facile intellectum est , insidias vitae huiusce Sex . Rosci parare neque sese arbitrari posse diutius alienam pecuniam domino incolumi obtinere .	But to such a degree was he alarmed, that he would rather have died than have let Sulla be informed of these things. These old-fashioned men, who judged of others by their own nature, when he pledged himself to have the name of Sextus Roscius removed from the lists of proscription, and to give up the farms unoccupied to his son, and when Titus Roscius Capito, who was one of the ten deputies, added his promise that it should be so, believed him; they returned to Ameria without presenting their petition. And at first those fellows began every day to put the matter off and to procrastinate; then they began to be more indifferent; to do nothing and to trifle with them; at last, as was easily perceived, they began to contrive plots against the life of this Sextus Roscius, and to think that they could no longer keep possession of another man's property while the owner was alive.
29	quod hic simul atque sensit , de amicorum cognatorumque sententia Romam confugit et sese ad Caeciliam , Nepotis sororem , Baliarici filiam , quam honoris causa nomino , contulit , qua pater usus erat plurimum ; in qua muliere , iudices , etiam nunc , id quod omnes semper existimaverunt , quasi exempli causa vestigia antiqui offici remanent . ea Sex . Roscium inopem , eiectum domo atque expulsum ex suis bonis , fugientem latronum tela et minas recepit domum hospitique oppresso iam desperatoque ab omnibus opitulata est . eius virtute , fide , diligentia factum est ut hic potius vivus in reos quam occisus in proscriptos referretur .	As soon as he perceived this, by the advice of his friends and relations he fled to Rome, and betook himself to Caecilia, the daughter of Nepos, (whom I name to do her honour,) with whom his father had been exceedingly intimate; a woman in whom, O judges, even now, as all men are of opinion, as if it were to serve as a model, traces of the old-fashioned virtue remain. She received into her house Sextus Roscius, helpless, turned and driven out of his home and property, flying from the weapons and threats of robbers, and she assisted her guest now that he was overwhelmed and now that his safety was despaired of by every one. By her virtue and good faith and diligence it has been caused that he now is rather classed as a living man among the accused, than as a dead man among the proscribed.
30	nam postquam isti intellexerunt summa diligentia vitam Sex . Rosci custodiri neque sibi ullam caedis faciendae potestatem dari , consilium ceperunt plenum sceleris et audaciae ut nomen huius de parricidio deferrent , ut ad eam rem aliquem accusatorem veterem compararent qui de ea re posset dicere aliquid , in qua re nulla subesset suspicio , denique ut , quoniam crimine non poterant , tempore ipso pugnarent . ita loqui homines : ' quod iudicia tam diu facta non essent , condemnari eum oportere qui primus in iudicium adductus esset ; huic autem patronos propter Chrysogoni gratiam defuturos ; de bonorum venditione et de ista societate verbum esse facturum neminem ; ipso nomine parricidi et atrocitate criminis fore ut hic nullo negotio tolleretur , cum ab nullo defensus esset .'	For after they perceived that the life of Sextus Roscius was protected with the greatest care, and that there was no possibility of their murdering him, they adopted a counsel full of wickedness and audacity, namely, that of accusing him of parricide; of procuring some veteran accuser to support the charge, who could say something even in a case in which there was no suspicion whatever; and lastly, as they could not have any chance against him by the accusation, to prevail against him on account of the time; for men began to say, that no trial had taken place for such a length of time, that the first man who was brought to trial ought to be condemned; and they thought that he would have no advocates because of the influence of Chrysogonus; that no one would say a word about the sale of the property and about that conspiracy; that because of the mere name of parricide and the atrocity of the crime he would be put out of the way, without any trouble, as he was defended by no one.
31	hoc consilio atque adeo hac amentia impulsi quem ipsi , cum cuperent , non potuerunt occidere , eum iugulandum vobis tradiderunt .	With this plan, and urged on to such a degree by this madness, they have handed the man over to you to be put to death, whom they themselves, when they wished, were unable to murder.
32	quid primum querar aut unde potissimum , iudices , ordiar aut quod aut a quibus auxilium petam ? deorumne immortalium , populine Romani , vestramne qui summam potestatem habetis hoc tempore fidem implorem ?	What shall I complain of first? or from what point had I best begin, O judges? or what assistance shall I seek, or from whom? Shall I implore at this time the aid of the immortal gods, or that of the Roman people, or of your integrity, you who have the supreme power?
33	pater occisus nefarie , domus obsessa ab inimicis , bona adempta , possessa , direpta , fili vita infesta , saepe ferro atque insidiis appetita . quid ab his tot maleficiis sceleris abesse videtur ? tamen haec aliis nefariis cumulant atque adaugent , crimen incredibile confingunt , testis in hunc et accusatores huiusce pecunia comparant ; hanc condicionem misero ferunt ut optet utrum malit cervices Tito Roscio dare an insutus in culleum per summum dedecus vitam amittere . patronos huic defuturos putaverunt ; desunt ; qui libere dicat , qui cum fide defendat , id quod in hac causa satis est non deest profecto , iudices .	The father infamously murdered; the house besieged; the property taken away, seized and plundered by enemies; the life of the son, hostile to their purposes, attacked over and over again by sword and treachery. What wickedness does there seem to be wanting in these numberless atrocities? And yet they crown and add to them by other nefarious deeds, they invent an incredible accusation; they procure witnesses against him and accusers of him by bribery; they offer the wretched man this alternative, whether he would prefer to expose his neck to Roscius to be assassinated by him, or, being sewn in a sack, to lose his life with the greatest infamy. They thought advocates would be wanting to him; they are wanting. There is not wanting in truth, O judges, one who will speak with freedom, and who will defend him with integrity, which is quite sufficient in this cause, (since I have undertaken it).
34	et forsitan in suscipienda causa temere impulsus adulescentia fecerim ; quoniam quidem semel suscepi , licet hercules undique omnes minae terrores periculaque impendeant omnia , succurram ac subibo . certum est deliberatumque quae ad causam pertinere arbitror , omnia non modo dicere verum etiam libenter audacter libereque dicere ; nulla res tanta exsistet , iudices , ut possit vim mihi maiorem adhibere metus quam fides .	And perhaps in undertaking this cause I may have acted rashly, in obedience to the impulses of youth; but since I have once undertaken it, although forsooth every sort of terror and every possible danger were to threaten me on all sides, yet I will support and encounter them. I have deliberately resolved not only to say everything which I think is material to the cause, but to say it also willingly, boldly, and freely. Nothing can ever be of such importance in my mind that fear should be able to put a greater constraint on me than a regard to good faith.
35	etenim quis tam dissoluto animo est qui haec cum videat tacere ac neglegere possit ? patrem meum , cum proscriptus non esset , iugulastis , occisum in proscriptorum numerum rettulistis , me domo mea per vim expulistis , patrimonium meum possidetis . quid voltis amplius ? etiamne ad subsellia cum ferro atque telis venistis ut hic aut iuguletis aut condemnetis ?	Who, indeed, is of so profligate a disposition, as, when he sees these things, to be able to be silent and to disregard them? You have murdered my father when he had not been proscribed; you have classed him when murdered in the number of proscribed persons; you have driven me by force from my house; you are in possession of my patrimony. What would you more? have you not come even before the bench with sword and arms, that you may either convict Sextus Roscius or murder him in this presence?
36	hominem longe audacissimum nuper habuimus in civitate C . Fimbriam et , quod inter omnis constat , nisi inter eos qui ipsi quoque insaniunt insanissimum . is cum curasset in funere Gaii Mari ut Q . Scaevola volneraretur , vir sanctissimus atque ornatissimus nostrae civitatis , de cuius laude neque hic locus est ut multa dicantur neque plura tamen dici possunt quam populus Romanus memoria retinet , diem Scaevolae dixit , postea quam comperit eum posse vivere . cum ab eo quaereretur quid tandem accusaturus esset eum quem pro dignitate ne laudare quidem quisquam satis commode posset , aiunt hominem , ut erat furiosus , respondisse : ' quod non totum telum corpore recepisset .' quo populus Romanus nihil vidit indignius nisi eiusdem viri mortem , quae tantum potuit ut omnis occisus perdiderit et adflixerit ; quos quia servare per compositionem volebat , ipse ab eis interemptus est .	We lately had a most audacious man in this city, Caius Fimbria, a man, as is well known among all except among those who are mad themselves, utterly insane. He, when at the funeral of Caius Marius, had contrived that Quintus Scaevola, the most venerable and accomplished man in our city, should be wounded;—(a man in whose praise there is neither room to say much here, nor indeed is it possible to say more than the Roman people preserves in its recollection)—he, I say, brought an accusation against Scaevola, when he found that he might possibly live. When the question was asked him, what he was going to accuse that man of, whom no one could praise in a manner sufficiently suitable to his worth, they say that the man, like a madman as he was, answered, for not having received the whole weapon in his body. A more lamentable thing was never seen by the Roman people, unless it were the death of that same man, which was so important that it crushed and broke the hearts of all his fellow-citizens; for endeavouring to save whom by an arrangement, he was destroyed by them.
37	estne hoc illi dicto atque facto Fimbriano simillimum ? accusatis Sex . Roscium . quid ita ? quia de manibus vestris effugit , quia se occidi passus non est . illud , quia in Scaevola factum est , magis indignum videtur , hoc , quia fit a Chrysogono , non est ferendum . nam per deos immortalis ! quid est in hac causa quod defensionis indigeat ? qui locus ingenium patroni requirit aut oratoris eloquentiam magno opere desiderat ? totam causam , iudices , explicemus atque ante oculos expositam consideremus ; ita facillime quae res totum iudicium contineat et quibus de rebus nos dicere oporteat et quid vos sequi conveniat intellegetis .	Is not this case very like that speech and action of Fimbria? You are accusing Sextus Roscius. Why so? Because he escaped out of your hands; because he did not allow himself to be murdered. The one action, because it was done against Scaevola, appears scandalous; this one, because it is done by Chrysogonus, is intolerable. For, in the name of the immortal gods, what is there in this cause that requires a defence? What topic is there requiring the ability of an advocate, or even very much needing eloquence of speech? Let us, O judges, unfold the whole case, and when it is set before our eyes, let us consider it; by this means you will easily understand on what the whole case turns, and on what matters I ought to dwell, and what decision you ought to come to.
38	tres sunt res , quantum ego existimare possum , quae obstent hoc tempore Sex . Roscio , crimen adversariorum et audacia et potentia . criminis confictionem accusator Erucius suscepit , audaciae partis Roscii sibi poposcerunt , Chrysogonus autem , is qui plurimum potest , potentia pugnat . de hisce omnibus rebus me dicere oportere intellego . quid igitur est ?	There are three things, as I think, which are at the present time hindrances to Sextus Roscius:—the charge brought by his adversaries, their audacity, and their power. Erucius has taken on himself the pressing of this false charge as accuser; the Roscii have claimed for themselves that part which is to be executed by audacity; but Chrysogonus, as being the person of the greatest influence, employs his influence in the contest. On all these points I am aware that I must speak.
39	non eodem modo de omnibus , ideo quod prima illa res ad meum officium pertinet , duas autem reliquas vobis populus Romanus imposuit ; ego crimen oportet diluam , vos et audaciae resistere et hominum eius modi perniciosam atque intolerandam potentiam primo quoque tempore exstinguere atque opprimere debetis .	What then am I to say? I must not speak in the same manner on them all; because the first topic indeed belongs to my duty, but the two others the Roman people have imposed on you. I must efface the accusations; you ought both to resist the audacity, and at the earliest possible opportunity to extinguish and put down the pernicious and intolerable influence of men of that sort.
40	occidisse patrem Sex . Roscius arguitur . scelestum , di immortales ! ac nefarium facinus atque eius modi quo uno maleficio scelera omnia complexa esse videantur ! etenim si , id quod praeclare a sapientibus dicitur , voltu saepe laeditur pietas , quod supplicium satis acre reperietur in eum qui mortem obtulerit parenti ? pro quo mori ipsum , si res postularet , iura divina atque humana cogebant .	Sextus Roscius is accused of having murdered his father. O ye immortal gods! a wicked and nefarious action, in which one crime every sort of wickedness appears to be contained. In truth, if, as is well said by wise men, affection is often injured by a look, what sufficiently severe punishment can be devised against him who has inflicted death on his parent, for whom all divine and human laws bound him to be willing to die himself, if occasion required?
41	in hoc tanto , tam atroci , tam singulari maleficio , quod ita raro exstitit ut , si quando auditum sit , portenti ac prodigi simile numeretur , quibus tandem tu , Gaii Eruci , argumentis accusatorem censes uti oportere ? nonne et audaciam eius qui in crimen vocetur singularem ostendere et mores feros immanemque naturam et vitam vitiis flagitiisque omnibus deditam , denique omnia ad perniciem profligata atque perdita ? quorum tu nihil in Sex . Roscium ne obiciendi quidem causa contulisti .	In the case of so enormous, so atrocious, so singular a crime, as this one which has been committed so rarely, that, if it is ever heard of, it is accounted like a portent and prodigy—what arguments do you think, O Caius Erucius, you as the accuser ought to use? Ought you not to prove the singular audacity of him who is accused of it? and his savage manners, and brutal nature, and his life devoted to every sort of vice and crime, his whole character, in short, given up to profligacy and abandoned? None of which things have you alleged against Sextus Roscius, not even for the sake of making the imputation.
42	patrem occidit Sex . Roscius . qui homo ? adulescentulus corruptus et ab hominibus nequam inductus ? annos natus maior quadraginta . vetus videlicet sicarius , homo audax et saepe in caede versatus . at hoc ab accusatore ne dici quidem audistis . luxuries igitur hominem nimirum et aeris alieni magnitudo et indomitae animi cupiditates ad hoc scelus impulerunt . de luxuria purgavit Erucius , cum dixit hunc ne in convivio quidem ullo fere interfuisse . nihil autem umquam debuit . cupiditates porro quae possunt esse in eo qui , ut ipse accusator obiecit , ruri semper habitarit et in agro colendo vixerit ? quae vita maxime disiuncta a cupiditate et cum officio coniuncta est .	Sextus Roscius has murdered his father. What sort of man is he? is he a young man, corrupted, and led on by worthless men? He is more than forty years old. Is he forsooth an old assassin, a bold man, and one well practised in murder? You have not heard this so much as mentioned by the accuser. To be sure; then, luxury, and the magnitude of his debts, and the ungovernable desires of his disposition, have urged the man to this wickedness? Erucius acquitted him of luxury, when he said that he was scarcely ever present at any banquet. But he never owed anything Further what evil desires could exist in that man who as his accuser himself objected to him has always lived in the country and spent his time in cultivating his land, a mode of life which is utterly removed from covetousness, and inseparably allied to virtue?
43	quae res igitur tantum istum furorem sex . Roscio obiecit ? ' patri ' inquit ' non placebat .' patri non placebat ? quam ob causam ? necesse est enim eam quoque iustam et magnam et perspicuam fuisse . nam ut illud incredibile est , mortem oblatam esse patri a filio sine plurimis et maximis causis , sic hoc veri simile non est , odio fuisse parenti filium sine causis multis et magnis et necessariis .	What was it then which inspired Sextus Roscius with such madness as that? Oh, says he, he did not please his father. He did not please his father? For what reason? for it must have been both a just and an important and a notorious reason. For as this is incredible, that death should be inflicted on a father by a son, without many and most weighty reasons; so this, too, is not probable, that a son should be hated by his father, without many and important and necessary causes.
44	rursus igitur eodem revertamur et quaeramus quae tanta vitia fuerint in unico filio qua re is patri displiceret . at perspicuum est nullum fuisse . pater igitur amens , qui odisset eum sine causa quem procrearat ? at is quidem fuit omnium constantissimus . ergo illud iam perspicuum profecto est , si neque amens pater neque perditus filius fuerit , neque odi causam patri neque sceleris filio fuisse .	Let us return again to the same point, and ask what vices existed in this his only son of such importance as to make him incur the displeasure of his father. But it is notorious he had no vices. His father then was mad to bate him whom he had begotten, without any cause. But he was the most reasonable and sensible of men. This, then, is evident, that, if the father was not crazy, nor his son profligate, the father had no cause for displeasure, nor the son for crime.
45	' nescio ' inquit ' quae causa odi fuerit ; fuisse odium intellego quia antea , cum duos filios haberet , illum alterum qui mortuus est secum omni tempore volebat esse , hunc in praedia rustica relegarat .' quod Erucio accidebat in mala nugatoriaque accusatione , idem mihi usu venit in causa optima . ille quo modo crimen commenticium confirmaret non inveniebat , ego res tam levis qua ratione infirmem ac diluam reperire non possum .	I know not, says he, what cause for displeasure there was; but I know that displeasure existed; because formerly, when he had two sons, he chose that other one, who is dead; to be at all times with himself, but sent this other one to his farms in the country. The same thing which happened to Erucius in supporting this wicked and trifling charge, has happened to me in advocating a most righteous cause. He could find no means of supporting this trumped-up charge; I can hardly find out by what arguments I am to invalidate and get rid of such trifling circumstances.
46	quid ais , Eruci ? tot praedia , tam pulchra , tam fructuosa Sex . Roscius filio suo relegationis ac supplici gratia colenda ac tuenda tradiderat ? quid ? hoc patres familiae qui liberos habent , praesertim homines illius ordinis ex municipiis rusticanis , nonne optatissimum sibi putant esse filios suos rei familiari maxime servire et in praediis colendis operae plurimum studique consumere ?	What do you say, Erucius? Did Sextus Roscius entrust so many farms, and such fine and productive ones to his son to cultivate and manage, for the sake of getting rid of and punishing him? What can this mean? Do not fathers of families who have children, particularly men of that class of municipalities in the country, do they not think it a most desirable thing for them that their sons should attend in a great degree to their domestic affairs, and should devote much of their labour and attention to cultivating their farms?
47	an amandarat hunc sic ut esset in agro ac tantum modo aleretur ad villam , ut commodis omnibus careret ? quid ? si constat hunc non modo colendis praediis praefuisse sed certis fundis patre vivo frui solitum esse , tamenne haec a te vita eius rusticana relegatio atque amandatio appellabitur ? vides , Eruci , quantum distet argumentatio tua ab re ipsa atque a veritate . quod consuetudine patres faciunt , id quasi novum reprehendis ; quod benivolentia fit , id odio factum criminaris ; quod honoris causa pater filio suo concessit , id eum supplici causa fecisse dicis .	Did he send him off to those farms that he might remain on the land and merely have life kept in him at this country seat? that he might be deprived of all conveniences? What? if it is proved that he not only managed the cultivation of the farms, but was accustomed himself to have certain of the farms for his own, even during the lifetime of his father? Will his industrious and rural life still be called removal and banishment? You see, O Erucius, how far removed your line of argument is from the fact itself, and from truth. That which fathers usually do, you find fault with as an unprecedented thing; that which is done out of kindness, that you accuse as having been done from dislike; that which a father granted his son as an honour, that you say he did with the object of punishing him.
48	neque haec tu non intellegis , sed usque eo quid arguas non habes , ut non modo tibi contra nos dicendum putes verum etiam contra rerum naturam contraque consuetudinem hominum contraque opiniones omnium .	Not that you are not aware of all this, but you are so wholly without any arguments to bring forward, that you think it necessary to plead not only against us, but even against the very nature of things, and against the customs of men, and the opinion of every one.