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
97	quis ibi non est volneratus ferro Phrygio ? non necesse est omnis commemorare Curtios , Marios , denique Memmios quos iam aetas a proeliis avocabat , postremo Priamum ipsum senem , Antistium quem non modo aetas sed etiam leges pugnare prohibebant . iam quos nemo propter ignobilitatem nominat , sescenti sunt qui inter sicarios et de veneficiis accusabant ; qui omnes , quod ad me attinet , vellem viverent . nihil enim mali est canes ibi quam plurimos esse ubi permulti observandi multaque servanda sunt .	“Who was not wounded there with Phrygian steel?” I need not enumerate all,—the Curtii, the Marii, the Mamerci, whom age now exempted from battles; and, lastly, the aged Priam himself, Antistius, whom not only his age, but even the laws excused from going to battle. There are now six hundred men, whom nobody even mentions by name because of their meanness, who are accusers of men on charges of murdering and poisoning; all of whom, as far as I am concerned, I hope may find a livelihood. For there is no harm in there being as many dogs as possible, where there are many men to be watched, and many things to be guarded.
98	verum , ut fit , multa saepe imprudentibus imperatoribus vis belli ac turba molitur . dum is in aliis rebus erat occupatus qui summam rerum administrabat , erant interea qui suis volneribus mederentur ; qui , tamquam si offusa rei publicae sempiterna nox esset , ita ruebant in tenebris omniaque miscebant ; a quibus miror ne quod iudiciorum esset vestigium non subsellia quoque esse combusta ; nam et accusatores et iudices sustulerunt . hoc commodi est quod ita vixerunt ut testis omnis , si cuperent , interficere non possent ; nam , dum hominum genus erit , qui accuset eos non deerit ; dum civitas erit , iudicia fient . verum , ut coepi dicere , et Erucius , haec si haberet in causa quae commemoravi , posset ea quamvis diu dicere , et ego , iudices , possum ; sed in animo est , quem ad modum ante dixi , leviter transire ac tantum modo perstringere unam quamque rem , ut omnes intellegant me non studio accusare sed officio defendere .	But, as is often the case, the violence and tumultuous nature of war brings many things to pass without the knowledge of the generals. While he who was administering the main government was occupied in other matters, there were men who in the meantime were curing their own wounds; who rushed about in the darkness and threw everything into confusion as if eternal night had enveloped the whole Republic. And by such men as these I wonder that the courts of justice were not burnt, that there might be no trace left of any judicial proceedings; for they did destroy both judges and accusers. There is this advantage, that they lived in such a manner that even if they wished it, they could not put to death all the witnesses; for as long as the race of men exists, there will not be wanting men to accuse them: as long as the state lasts, trials will take place. But as I began to say, both Erucius, if he had these arguments to use which I have mentioned, in any cause Of his, would be able to speak on them as long as he pleased, and I can do the same. But I choose, as I said before, to pass by them lightly, and only just to touch on each particular, so that all men may perceive that I am not accusing men of my own inclination, but only defending my own client from a sense of duty.
99	video igitur causas esse permultas quae istum impellerent ; videamus nunc ecquae facultas suscipiendi malefici fuerit . Vbi occisus est Sex . Roscius ? — Romae . — quid ? tu , Titi Rosci , ubi tunc eras ? — Romae . verum quid ad rem ? et alii multi . — quasi nunc id agatur quis ex tanta multitudine occiderit , ac non hoc quaeratur , eum qui Romae sit occisus utrum veri similius sit ab eo esse occisum qui adsiduus eo tempore Romae fuerit , an ab eo qui multis annis Romam omnino non accesserit .	I see therefore that there were many causes which urged that man to this crime. Let us now see whether he had any opportunity of committing it. Where was Sextus Roscius slain?—at Rome. What of you, O Roscius? Where were you at that time?—at Rome. But what is that to the purpose? many other men were there too. As if the point now were, who of so vast a crowd slew him, and as if this were not rather the question, whether it is more probable that he who was slain at Rome was slain by that man who was constantly at Rome at that time, or by him who for many years had never come to Rome at all?
100	age nunc ceteras quoque facultates consideremus . erat tum multitudo sicariorum , id quod commemoravit Erucius , et homines impune occidebantur . quid ? ea multitudo quae erat ? opinor , aut eorum qui in bonis erant occupati , aut eorum qui ab eis conducebantur ut aliquem occiderent . si eos putas qui alienum appetebant , tu es in eo numero qui nostra pecunia dives es ; sin eos quos qui leviore nomine appellant percussores vocant , quaere in cuius fide sint et clientela ; mihi crede , aliquem de societate tua reperies ; et , quicquid tu contra dixeris , id cum defensione nostra contendito ; ita facillime causa Sex . Rosci cum tua conferetur .	Come, let us consider now the other circumstances which might make it easy for him. There was at that time a multitude of assassins, as Erucius has stated, and men were being killed with impunity. What!—what was that multitude? A multitude, I imagine, either of those who were occupied in getting possession of men's property, or of those who were hired by them to murder some one. If you think it was composed of those who coveted other men's property, you are one of that number,—you who are enriched by our wealth; if of those whom they who call them by the lightest name call slayers, inquire to whom they are bound, and whose dependents they are, believe me you will find it is some one of your own confederacy, whatever you say to the contrary, compare it with our defence, and by this means the cause of Sextus Roscius will be most easily contrasted with yours.
101	dices : ' quid postea , si Romae adsiduus fui ?' respondebo : ' at ego omnino non fui .' — fateor me sectorem esse , verum et alii multi . — at ego , ut tute arguis , agricola et rusticus . — non continuo , si me in gregem sicariorum contuli , sum sicarius . — at ego profecto qui ne novi quidem quemquam sicarium longe absum ab eius modi crimine . permulta sunt quae dici possunt qua re intellegatur summam tibi facultatem fuisse malefici suscipiendi ; quae non modo idcirco praetereo quod te ipsum non libenter accuso verum eo magis etiam quod , si de illis caedibus velim commemorare quae tum factae sunt ista eadem ratione qua Sex . Roscius occisus est , vereor ne ad pluris oratio mea pertinere videatur .	You will say, “what follows if I was constantly at Rome?” I shall answer, “But I was never there at all.” “I confess that I am a broker, but so are many other men also.” “But I, as you yourself accuse me of being, am a countryman and a rustic.” “It does not follow at once, because I have been present with a troop of assassins, that I am an assassin myself.” “But at all events I, who never had even the acquaintance of assassins, am far removed from such a crime.” There are many things which may be mentioned, by which it may be understood that you had the greatest facilities for committing this crime, which I pass over, not only because I do not desire to accuse, but still more on this account,—because if I were to wish to enumerate all the murders which were then committed on the same account as that on which Sextus Roscius was slain, I fear lest my speech would seem to refer to others also.
102	videamus nunc strictim , sicut cetera , quae post mortem Sex . Rosci abs te , Tite Rosci , facta sunt ; quae ita aperta et manifesta sunt ut medius fidius , iudices , invitus ea dicam . vereor enim , cuicuimodi es , Tite Rosci , ne ita hunc videar voluisse servare ut tibi omnino non pepercerim . cum hoc vereor et cupio tibi aliqua ex parte quod salva fide possim parcere , rursus immuto voluntatem meam ; venit enim mihi in mentem oris tui . Tene , cum ceteri socii tui fugerent ac se occultarent , ut hoc iudicium non de illorum praeda sed de huius maleficio fieri videretur , potissimum tibi partis istas depoposcisse ut in iudicio versarere et sederes cum accusatore ? qua in re nihil aliud adsequeris nisi ut ab omnibus mortalibus audacia tua cognoscatur et impudentia .	Let us examine now briefly, as we have done in the other particulars, what was done by you, O Titus Roscius, after the death of Sextus Roscius; and these things are so open and notorious, that by the gods, O judges, I am unwilling to mention them. For whatever your conduct may be, O Titus Roscius, I am afraid of appearing to be so eager to save my client, as to be quite regardless whether I spare you or not. And as I am afraid of this, and as I wish to spare you in some degree, as far as I can, saving my duty to my client, I will again change my purpose. For the thoughts on your countenance present here occur to my mind, that you when all the rest of your companions were flying and hiding themselves in order that this trial might appear to be not concerning their plunder, not concerning this man's crime, should select this part above all others for yourself, to appear at the trial and sit with the accuser, by which action you gain nothing beyond causing your impudence and audacity to be known to all mortals.
103	occiso sex . Roscio quis primus Ameriam nuntiat ? Mallius Glaucia , quem iam antea nominavi , tuus cliens et familiaris . quid attinuit eum potissimum nuntiare quod , si nullum iam ante consilium de morte ac de bonis eius inieras nullamque societatem neque sceleris neque praemi cum homine ullo coieras , ad te minime omnium pertinebat ? — Sua sponte Mallius nuntiat . — quid , quaeso , eius intererat ? an , cum Ameriam non huiusce rei causa venisset , casu accidit ut id quod Romae audierat primus nuntiaret ? cuius rei causa venerat Ameriam ? ' non possum ' inquit ' divinare .' eo rem iam adducam ut nihil divinatione opus sit . qua ratione Tito Roscio Capitoni primo nuntiavit ? cum Ameriae Sex . Rosci domus uxor liberique essent , cum tot propinqui cognatique optime convenientes , qua ratione factum est ut iste tuus cliens , sceleris tui nuntius , Tito Roscio Capitoni potissimum nuntiaret ?	After Sextus Roscius is slain, who is the first to take the news to Ameria? Mallius Glaneia, whom I have named before, your own client and intimate friend. What did it concern him above all men to bring the news of what, if you had not previously formed some plan with reference to his death and property, and had formed no conspiracy with any one else, having either the crime or its reward for its object, concerned you least of all men? Oh, Mallius brought the news of his own accord! What did it concern him, I beg? or, as he did not come to Ameria on account of this business, did it happen by chance that he was the first to tell the news which he had heard at Rome? On what account did he come to Ameria? I cannot conjecture, says he. I will bring the matter to such a point that there shall be no need of conjecture. On what account did he announce it first to Roscius Capito? When the house, and wife, and children of Sextus Roscius were at Ameria; when he had so many kinsmen and relations on the best possible terms with himself, on what account did it happen that that client of yours, the reporter of your wickedness, did it to Titus Roscius Capito above all men?
104	occisus est a cena rediens ; nondum lucebat cum Ameriae scitum est . quid hic incredibilis cursus , quid haec tanta celeritas festinatioque significat ? non quaero quis percusserit ; nihil est , Glaucia , quod metuas ; non excutio te , si quid forte ferri habuisti , non scrutor ; nihil ad me arbitror pertinere ; quoniam cuius consilio occisus sit invenio , cuius manu sit percussus non laboro . Vnum hoc sumo quod mihi apertum tuum scelus resque manifesta dat : Vbi aut unde audivit Glaucia ? qui tam cito scivit ? fac audisse statim ; quae res eum nocte una tantum itineris contendere coegit ? quae necessitas eum tanta premebat ut , si sua sponte iter Ameriam faceret , id temporis Roma proficisceretur , nullam partem noctis requiesceret ?	He was slain returning home from supper. It was not yet dawn when it was known at Ameria. Why was this incredible speed? What does this extraordinary haste and expedition intimate? I do not ask who struck the blow; you have nothing to fear, O Glaucia. I do not shake you to see if you have any weapon about you. I am not examining that point; I do not think I am at all concerned with that. Since I have found out by whose design he was murdered, by whose hand he was murdered I do not care. I assume one point, which your open wickedness and the evident state of the case gives me. Where, or from whom, did Glaucia hear of it? Who knew it so immediately? Suppose he did hear of it immediately; what was the affair which compelled to take so long a journey in one night? What was the great necessity which pressed upon him, so as to make him, if he was going to Ameria of his own accord, set out from Rome at that time of night, and devote no part of the night to sleep?
105	etiamne in tam perspicuis rebus argumentatio quaerenda aut coniectura capienda est ? nonne vobis haec quae audistis cernere oculis videmini , iudices ? non illum miserum , ignarum casus sui , redeuntem a cena videtis , non positas insidias , non impetum repentinum ? non versatur ante oculos vobis in caede Glaucia ? non adest iste Titus Roscius ? non suis manibus in curru conlocat Automedontem illum , sui sceleris acerbissimi nefariaeque victoriae nuntium ? non orat ut eam noctem pervigilet , ut honoris sui causa laboret , ut Capitoni quam primum nuntiet ?	In a case so evident as this must we seek for arguments, or hunt for conjectures? Do you not seem, O judges, actually to behold with your own eyes what you have been hearing? Do you not see that unhappy man, ignorant of his fate, returning from supper? Do you not see the ambush that is laid? the sudden attack? Is not Glaucia before your eyes, present at the murder? Is not that Titus Roscius present? Is he not with his own hands placing that Automedon in the chariot, the messenger of his most horrible wickedness and nefarious victory? Is he not entreating him to keep awake that night? to labour for his honour? to take the news to Capito as speedily as possible?
106	quid erat quod Capitonem primum scire vellet ? nescio , nisi hoc video , Capitonem in his bonis esse socium ; de tribus et decem fundis tris nobilissimos fundos eum video possidere .	Why was it that be wished Capito to be the first to know it? I do not know, only I see this, that Capito is a partner in this property. I see that, of thirteen farms, he is in possession of three of the finest.
107	audio praeterea non hanc suspicionem nunc primum in Capitonem conferri ; multas esse infamis eius palmas , hanc primam esse tamen lemniscatam quae Roma ei deferatur ; nullum modum esse hominis occidendi quo ille non aliquot occiderit , multos ferro , multos veneno . habeo etiam dicere quem contra morem maiorum minorem annis lx de ponte in Tiberim deiecerit . quae , si prodierit atque adeo cum prodierit — scio enim proditurum esse — audiet . veniat modo , explicet suum volumen illud quod ei planum	I hear besides, that this suspicion is not fixed upon Capito for the first time now; that he has gained many infamous victories; but that this is the first very splendid one which he has gained at Rome; that there is no manner of committing murder in which he has not murdered many men; many by the sword, many by poison. I can even tell you of one man whom, contrary to the custom of our ancestors, he threw from the bridge into the Tiber, when he was not sixty years of age; and if he comes forward, or when he comes forward, for I know that he will come forward, he shall hear of him.
108	facere possum Erucium conscripsisse ; quod aiunt illum Sex . Roscio intentasse et minitatum esse se omnia illa pro testimonio esse dicturum . O praeclarum testem , iudices ! o gravitatem dignam exspectatione ! o vitam honestam atque eius modi ut libentibus animis ad eius testimonium vestrum ius iurandum accommodetis ! profecto non tam perspicue nos istorum maleficia videremus , nisi ipsos caecos redderet cupiditas et avaritia et audacia .	Only let him come; let him unfold that volume of his which I can prove that Erucius wrote for him, which they say that he displayed to Sextus Roscius, and threatened that he would mention everything contained in it in his evidence. O the excellent witness, O judges; O gravity worthy of being attended to; O honourable course of life! such that you may with willing minds make your oaths depend upon his testimony! In truth we should not see the crimes of these men so clearly if cupidity, and avarice, and audacity, did not render them blind.
109	alter ex ipsa caede volucrem nuntium Ameriam ad socium atque adeo magistrum suum misit ut , si dissimulare omnes cuperent se scire ad quem maleficium pertineret , tamen ipse apertum suum scelus ante omnium oculos poneret . alter , si dis immortalibus placet , testimonium etiam in Sex . Roscium dicturus est ; quasi vero id nunc agatur , utrum is quod dixerit credendum , ac non quod fecerit vindicandum sit . itaque more maiorum comparatum est ut in minimis rebus homines amplissimi testimonium de sua re non dicerent .	One of them sent a swift messenger from the very scene of murder to Ameria, to his partner and his tutor; so that if every one wished to conceal his knowledge of whom the guilt belonged to, yet he himself placed his wickedness visibly before the eyes of all men. The other (if the immortal gods will only let him) is going to give evidence also against Sextus Roscius. As if the matter now in question were, whether what he said is to be believed, or whether what he did is to be punished. Therefore it was established by the custom of our ancestors, that even in the most insignificant matters, the most honourable men should not be allowed to give evidence in their own cause.
110	Africanus qui suo cognomine declarat tertiam partem orbis terrarum se subegisse tamen , si sua res ageretur , testimonium non diceret ; nam illud in talem virum non audeo dicere : si diceret , non crederetur . videte nunc quam versa et mutata in peiorem partem sint omnia . cum de bonis et de caede agatur , testimonium dicturus est is qui et sector est et sicarius , hoc est qui et illorum ipsorum bonorum de quibus agitur emptor atque possessor est et eum hominem occidendum curavit de cuius morte quaeritur .	Africanus, who declares by his surname that he subdued a third part of the whole world, still, if a case of his own were being tried, would not give evidence. For I do not venture to say with respect to such a man as that, if he did give evidence he would not be believed. See now everything is altered and changed for the worse. When there is a trial about property and about murder, a man is going to give evidence, who is both a broker and an assassin; that is, he who is himself the purchaser and possessor of that very property about which the trial is taking place, and who contrived the murder of the man whose death is being inquired into.
111	quid ? tu , vir optime , ecquid habes quod dicas ? mihi ausculta : vide ne tibi desis ; tua quoque res permagna agitur . multa scelerate , multa audaciter , multa improbe fecisti , unum stultissime , profecto tua sponte non de Eruci sententia : nihil opus fuit te istic sedere . neque enim accusatore muto neque teste quisquam utitur eo qui de accusatoris subsellio surgit . huc accedit quod paulo tamen occultior atque tectior vestra ista cupiditas esset . nunc quid est quod quisquam ex vobis audire desideret , eum quae facitis eius modi sint ut ea dedita opera a nobis contra vosmet ipsos facere videamini ? age nunc illa videamus , iudices , quae statim consecuta sunt .	What do you want, O most excellent man? Have you anything to say? Listen to me. Take care not to be wanting to yourself; your own interest to a great extent is at stake. You have done many things wickedly, many things audaciously, many things scandalously; one thing foolishly, and that of your own accord, not by the advice of Erucius. There was no need for you to sit there. For no man employs a dumb accuser, or calls him as a witness, who rises from the accuser's bench. There must be added to this, that that cupidity of yours should have been a little more kept back and concealed. Now what is there that any one of you desire to hear, when what you do is such that you seem to have done them expressly for our advantage against your own interest?
112	ad Volaterras in castra Lucii Sullae mors Sex . Rosci quadriduo quo is occisus est Chrysogono nuntiatur .	Come now, let us see, O judges, what followed immediately after.
113	quaeritur etiam nunc quis cum nuntium miserit ? nonne perspicuum est eundem qui Ameriam ? curat Chrysogonus ut eius bona veneant statim ; qui non norat hominem aut rem . at qui ei venit in mentem praedia concupiscere hominis ignoti quem omnino numquam viderat ? Soletis , cum aliquid huiusce modi audistis , iudices , continuo dicere : ' necesse est aliquem dixisse municipem aut vicinum ; ei plerumque indicant , per eos plerique produntur .' hic nihil est quod suspicione occupetis .	The news of the death of Sextus Roscius is carried to Volaterra, to the camp of Lucius Sulla, to Chrysogonus, four days after he is murdered. I now again ask who sent that messenger. Is it not evident that it was the same man who sent the news to Ameria? Chrysogonus takes care that his goods shall be immediately sold; he who had neither his own the man nor his estate. But how did it occur to him to wish for the farms of a man who was unknown to him, whom he had never seen in his life? You are accustomed, O judges, when you hear anything of this sort to say at once, some fellow-citizen or neighbour must have told him; they generally tell these things; most men are betrayed by such. Here there is no ground for your entertaining this suspicion.
114	non enim ego ita disputabo : ' veri simile est Roscios istam rem ad Chrysogonum detulisse ; erat enim eis cum Chrysogono iam antea amicitia ; nam cum multos veteres a maioribus Roscii patronos hospitesque haberent , omnis eos colere atque observare destiterunt ac se in Chrysogoni fidem et clientelam contulerunt .'	I will not argue thus. It is probable that the Roscii gave information of that matter to Chrysogonus, for there was of old, friendship between them and Chrysogonus; for though the Roscii had many ancient patrons and friends hereditarily connected with them, they ceased to pay any attention and respect to them, and betook themselves to the protection and support of Chrysogonus.
115	haec possum omnia vere dicere , sed in hac causa coniectura nihil opus est ; ipsos certo scio non negare ad haec bona Chrysogonum accessisse impulsu suo . si eum qui indici causa partem acceperit oculis cernetis , poteritisne dubitare , iudices , qui indicarit ? qui sunt igitur in istis bonis quibus partem Chrysogonus dederit ? duo Roscii . num quisnam praeterea ? nemo est , iudices . num ergo dubium est quin ei obtulerint hanc praedam Chrysogono qui ab eo partem praedae tulerunt ?	I can say all this with truth; for in this case I have no need to rely on conjecture. I know to a certainty that they themselves do not deny that Chrysogonus made the attack on this property at their instigation. If you see with your own eyes who has received a part of the reward for the information, can you possibly doubt, O judges, who gave the information? Who then are in possession of that property; and to whom did Chrysogonus give a share in it? The two Roscii!—Any one else? No one else, O judges. Is there then any doubt that they put this plunder in Chrysogonus's way, who have received from him a share of the plunder?
116	age nunc ex ipsius Chrysogoni iudicio Rosciorum factum consideremus . si nihil in ista pugna Roscii quod operae pretium esset fecerant , quam ob causam a Chrysogono tantis praemiis donabantur ? si nihil aliud fecerunt nisi rem detulerunt , nonne satis fuit eis gratias agi , denique , ut perliberaliter ageretur , honoris aliquid haberi ? cur tria praedia tantae pecuniae statim Capitoni dantur ? cur quae reliqua sunt iste Titus Roscius omnia cum Chrysogono communiter possidet ? nonne perspicuum est , iudices , has manubias Rosciis Chrysogonum re cognita concessisse ?	Come now let us consider the action of the Roscii by the judgment of Chrysogonus himself. If in that contest the Roscii had done nothing which was worth speaking of, on what account were they presented with such rewards by Chrysogonus? If they did nothing more than inform him of the fact, was it not enough for him to thank them? Why are these farms of such value immediately given to Capito? Why does that fellow Roscius possess all the rest in common property with Chrysogonus? Is it not evident, O judges, that Chrysogonus, understanding the whole business, gave them as spoils to the Roscii?
117	venit in decem primis legatus in castra Capito . vos totam vitam naturam moresque hominis ex ipsa legatione cognoscite . Nisi intellexeritis , iudices , nullum esse officium , nullum ius tam sanctum atque integrum quod non eius scelus atque perfidia violarit et imminuerit , virum optimum esse eum iudicatote .	Capito came as a deputy to the camp, as one of the ten chief men of Ameria. Learn from his behaviour on this deputation the whole life and nature and manners of the man. Unless you are of opinion, O judges, that there is no duty and no right so holy and solemn that his wickedness and perfidy has not tampered with and violated it, then judge him to be a very excellent man.
118	impedimento est quo minus de his rebus Sulla doceatur , ceterorum legatorum consilia et voluntatem Chrysogono enuntiat , monet ut provideat ne palam res agatur , ostendit , si sublata sit venditio bonorum , illum pecuniam grandem amissurum , sese capitis periculum aditurum ; illum acuere , hos qui simul erant missi fallere , illum identidem monere ut caveret , hisce insidiose spem falsam ostendere , eum illo contra hos inire consilia , horum consilia illi enuntiare , cum illo partem suam depecisci , hisce aliqua fretus mora semper omnis aditus ad Sullam intercludere . postremo isto hortatore , auctore , intercessore ad Sullam legati non adierunt ; istius fide ac potius perfidia decepti , id quod ex ipsis cognoscere poteritis , si accusator voluerit testimonium eis denuntiare , pro re certa spem falsam domum rettulerunt . in privatis rebus si qui rem mandatam	He is the hindrance to Sulla's being informed of this affair; he betrays the plans and intentions of the other deputies to Chrysogonus; he gives him warning to take care that the affair be not conducted openly; he points out to him, that if the sale of the property be prevented, he will lose a large sum of money, and that he himself will be in danger of his life. He proceeds to spur him on, to deceive those who were joined in the commission with him; to warn him continually to take care; to hold out treacherously false hopes to the others; in concert with him to devise plans against them, to betray their counsels to him; with him to bargain for his share in the plunder, and, relying constantly on some delay or other, to cut off from his colleagues all access to Sulla. Lastly, owing to his being the prompter, the adviser, the go-between, the deputies did not see Sulla; deceived by his faith, or rather by his perfidy, as you may know from themselves, if the accuser is willing to produce them as witnesses, they brought back home with a false hope instead of a reality.
119	non modo malitiosius gessisset sui quaestus aut commodi causa verum etiam neglegentius , cum maiores summum admisisse dedecus existimabant . itaque mandati constitutum est iudicium non minus turpe quam furti , credo , propterea quod quibus in rebus ipsi interesse non possumus , in eis operae nostrae vicaria fides amicorum supponitur ; quam qui laedit , oppugnat omnium commune praesidium et , quantum in ipso est , disturbat vitae societatem . non enim possumus omnia per nos agere ; alius in alia est re magis utilis . idcirco amicitiae comparantur ut commune commodum mutuis officiis gubernetur .	In private affairs if any one had managed a business entrusted to him, I will not say maliciously for the sake of his own gain and advantage, but even carelessly, our ancestors thought that he had incurred the greatest disgrace. Therefore, legal proceedings for betrayal of a commission are established, involving penalties no less disgraceful than those for theft. I suppose because, in cases where we ourselves cannot be present, the vicarious faith of friends is substituted; and he who impairs that confidence, attacks the common bulwark of all men, and as far as depends on him, disturbs the bonds of society. For we cannot do everything ourselves; different people are more capable in different matters. On that account friendships are formed, that the common advantage of all may be secured by mutual good offices.
120	quid recipis mandatum , si aut neglecturus aut ad tuum commodum conversurus es ? cur mihi te offers ac meis commodis officio simulato officis et obstas ? recede de medio ; per alium transigam . suscipis onus offici quod te putas sustinere posse ; quod maxime videtur grave eis qui minime ipsi leves sunt .	Why do you undertake a commission, if you are either going to neglect it or to turn it to your own advantage? Why do you offer yourself to me, and by feigned service hinder and prevent my advantage? Get out of the way, I will do my business by means of some one else. You undertake the burden of a duty which you think you are able to support; a duty which does not appear very heavy to those who are not very worthless themselves.