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
145	ipse vero quem ad modum composito et dilibuto capillo passim per forum volitet cum magna caterva togatorum videtis , iudices ; videtis ut omnis despiciat , ut hominem prae se neminem putet , ut se solum beatum , solum potentem putet . quae vero efficiat et quae conetur si velim commemorare , vereor , iudices , ne quis imperitior existimet me causam nobilitatis victoriamque voluisse laedere . tametsi meo iure possum , si quid in hac parte mihi non placeat , vituperare ; non enim vereor ne quis alienum me animum habuisse a causa nobilitatis existimet .	In what a style he himself flutters through the forum, with his hair curled and perfumed, and with a great retinue of citizens, you yourselves behold, O judges; in truth you see how he despises every one, how he thinks no one a human being but himself, how he thinks himself the only happy, the only powerful man. But if I were to wish too mention what he does and what he attempts, O judges, I am afraid that some ignorant people would think that I wish to injure the cause of the nobility, and to detract from their victory; although I have a right to find fault if anything in that party displeases me. For I am not afraid that any one will suppose that I have a disposition disaffected to the cause of the nobility.
146	sciunt ei qui me norunt me pro mea tenui infirmaque parte , postea quam id quod maxime volui fieri non potuit , ut componeretur , id maxime defendisse ut ei vincerent qui vicerunt . quis enim erat qui non videret humilitatem cum dignitate de amplitudine contendere ? quo in certamine perditi civis erat non se ad eos iungere quibus incolumibus et domi dignitas et foris auctoritas retineretur . quae perfecta esse et suum cuique honorem et gradum redditum gaudeo , iudices , vehementerque laetor eaque omnia deorum voluntate , studio populi Romani , consilio et imperio et felicitate Lucii Sullae gesta esse intellego .	They who know me, know that I, to the extent of my small and insignificant power, (when that which I was most eager for could not be brought about, I mean an accommodation between the parties) laboured to ensure the victory of that party which got it. For who was there who did not see that meanness was disputing with dignity for the highest honours? a contest in which it was the part of an abandoned citizen not to unite himself to those, by whose safety dignity at home and authority abroad would be preserved. And that all this was done, and that his proper honour and rank was restored to every one, I rejoice, O judges, and am exceedingly delighted; and I know that it was all done by the kindness of the gods, by the zeal of the Roman people, by the wisdom and government, and good fortune of Lucius Sulla.
147	quod animadversum est in eos qui contra omni ratione pugnarunt , non debeo reprehendere ; quod viris fortibus quorum opera eximia in rebus gerendis exstitit honos habitus est , laudo . quae ut fierent idcirco pugnatum esse arbitror meque in eo studio partium fuisse confiteor . sin autem id actum est et idcirco arma sumpta sunt ut homines postremi pecuniis alienis locupletarentur et in fortunas unius cuiusque impetum facerent , et id non modo re prohibere non licet sed ne verbis quidem vituperare , tum vero in isto bello non recreatus neque restitutus sed subactus oppressusque populus Romanus est .	I have no business to find fault with punishment having been inflicted on those who laboured with all their energies on the other side; and I approve of honours having been paid to the brave men whose assistance was eminent in the transaction of all these matters. And I consider that the struggle was to a great extent with this object, and I confess that I shared in that desire in the part I took. But if the object was, and if arms were taken with the view of causing the lowest of the people to be enriched with the property of others, and of enabling them to make attacks on the fortunes of every one, and if it is unlawful not only to hinder that by deed, but even to blame it in words, then the Roman people seems to me not to have been strengthened and restored by that war, but to have been subdued and crushed.
148	verum longe aliter est ; nil horum est , iudices . non modo non laedetur causa nobilitatis , si istis hominibus resistetis , verum etiam ornabitur .	But the ease is totally different: nothing of this, O judges, is the truth: the cause of the nobility will not only not be injured if you resist these men, but it will even be embellished.
149	etenim qui haec vituperare volunt Chrysogonum tantum posse queruntur ; qui laudare volunt concessum ei non esse commemorant . ac iam nihil est quod quisquam aut tam stultus aut tam improbus sit qui dicat : ' vellem quidem liceret ; hoc dixissem .' dicas licet . ' hoc fecissem .' facias licet ; nemo prohibet . ' hoc decrevissem .' decerne , modo recte ; omnes approbabunt . ' hoc iudicassem .' laudabunt omnes , si recte et ordine iudicaris .	In truth, they who are inclined to find fault with this complain that Chrysogonus has so much influence; they who praise it, declare that he has not so much allowed him. And now it is impossible for any one to be either so foolish or so worthless as to say: “I wish it were allowed me, I would have said...” You may say... “I would have done...” You may do... No one hinders you. “I would have decreed...” “Decree, only decree rightly, every one will approve.” “I should have judged...” All will praise you if you judge rightly and properly.
150	dum necesse erat resque ipsa cogebat , unus omnia poterat ; qui postea quam magistratus creavit legesque constituit , sua cuique procuratio auctoritasque est restituta . quam si retinere volunt ei qui reciperarunt in perpetuum poterunt obtinere ; sin has caedis et rapinas et hos tantos tamque profusos sumptus aut facient aut approbabunt — nolo in eos gravius quicquam ne ominis quidem causa dicere , unum hoc dico : nostri isti nobiles nisi vigilantes et boni et fortes et misericordes erunt , eis hominibus in quibus haec erunt ornamenta sua concedant necesse est .	While it was necessary and while the ease made it inevitable, one man had all the power, and after he created magistrates and established laws, his own proper office and authority was restored to every one. And if those who recovered it wish to retain it, they will be able to retain it for ever. But if they either participate in or approve of these acts of murder and rapine, these enormous and prodigal expenses—I do not wish to say anything too severe against them; not even as an omen; but this one thing I do say; unless those nobles of ours are vigilant, and virtuous, and brave, and merciful, they must abandon their honours to those men in whom these qualities do exist.
151	quapropter desinant aliquando dicere male aliquem locutum esse , si qui vere ac libere locutus sit , desinant suam causam cum Chrysogono communicare , desinant , si ille laesus sit , de se aliquid detractum arbitrari , videant ne turpe miserumque sit eos qui equestrem splendorem pati non potuerunt servi nequissimi dominationem ferre posse . quae quidem dominatio , iudices , in aliis rebus antea versabatur , nunc vero quam viam munitet et quod iter adfectet videtis , ad fidem , ad ius iurandum , ad iudicia vestra , ad id quod solum prope in civitate sincerum sanctumque restat .	Let them, therefore, cease at least to say that a man speaks badly, if he speaks truly and with freedom; let them cease to make common cause with Chrysogonus; let them cease to think, if he be injured, that any injury has been done to them; let them see how shameful and miserable a thing it is that they, who could not tolerate the splendour of the knights, should be able to endure the domination of a most worthless slave—a domination, which, O judges, was formerly exerted in other matters, but now you see what a road it is making for itself, what a course it is aiming at, against your good faith, against your oaths, against your decisions, against almost the only thing which remains uncorrupted and holy in the state.
152	hic ne etiam sese putat aliquid posse Chrysogonus ? hicne etiam potens esse volt ? O rem miseram atque acerbam ! neque me hercules hoc indigne fero , quod verear ne quid possit , verum quod ausus est , quod speravit sese apud talis viros aliquid ad perniciem posse innocentis , id ipsum queror .	Does Chrysogonus think that in this particular too he has some influence? Does her even wish to be powerful in this? O miserable and bitter circumstance! Nor, in truth, am I indignant at this, because I am afraid that he may have some influence; but I complain of the mere fact of his having dared this, of his having hoped that with such men as these he could have any influence to the injury of an innocent man.
153	idcircone exspectata nobilitas armis atque ferro rem publicam reciperavit ut ad libidinem suam liberti servolique nobilium bona fortunas arasque nostras vexare possent ?	Is it for this that the nobility has roused itself, that it has recovered the republic by arms and the sword—in order that freedmen and slaves might be able to maltreat the property of the nobles, and all your fortunes and ours, at their pleasure?
154	si id actum est , fateor me errasse qui hoc maluerim , fateor insanisse qui cum illis senserim ; tametsi inermis , iudices , sensi . sin autem victoria nobilium ornamento atque emolumento rei publicae populoque Romano debet esse , tum vero optimo et nobilissimo cuique meam orationem gratissimam esse oportet . quod si quis est qui et se et causam laedi putet , cum Chrysogonus vituperetur , is causam ignorat , se ipsum probe novit ; causa enim splendidior fiet , si nequissimo cuique resistetur , ille improbissimus Chrysogoni fautor qui sibi cum illo rationem communicatam putat laeditur , cum ab hoc splendore causae separatur .	If that was the object, I confess that I erred in being anxious for their success. I admit that I was mad in espousing their party, although I espoused it, O judges, without taking up arms. But if the victory of the nobles ought to be an ornament and an advantage to the republic and the Roman people, then, too, my speech ought to be very acceptable to every virtuous and noble man. But if there be any one who thinks that he and his cause is injured when Chrysogonus is found fault with, he does not understand his cause, I may almost say he does not know himself. For the cause will be rendered more splendid by resisting every worthless man. The worthless favourers of Chrysogonus, who think that his cause and theirs are identical, are injured themselves by separating themselves from such splendour.
155	verum haec omnis oratio , ut iam ante dixi , mea est , qua me uti res publica et dolor meus et istorum iniuria coegit . Sex . Roscius horum nihil indignum putat , neminem accusat , nihil de suo patrimonio queritur . putat homo imperitus morum , agricola et rusticus , ista omnia quae vos per Sullam gesta esse dicitis more , lege , iure gentium facta ; culpa liberatus et crimine nefario solutus cupit a vobis discedere ;	But all this that I have been now saying, as I mentioned before, is said on my own account, though the republic, and my own indignation, and the injuries done by these fellows, have compelled me to say it. But Roscius is indignant at none of these things; he accuses no one; he does not complain of the loss of his patrimony; he, ignorant of the world, rustic and down that he is, thinks that all those things which you say were done by Sulla were done regularly, legally and according to the law of nations. If he is only exempted from blame and acquitted of this nefarious accusation, he will be glad to leave the court.
156	si hac indigna suspicione careat , animo aequo se carere suis omnibus commodis dicit . rogat oratque te , Chrysogone , si nihil de patris fortunis amplissimis in suam rem convertit , si nulla in re te fraudavit , si tibi optima fide sua omnia concessit , adnumeravit , appendit , si vestitum quo ipse tectus erat anulumque de digito suum tibi tradidit , si ex omnibus rebus se ipsum nudum neque praeterea quicquam excepit , ut sibi per te liceat innocenti amicorum opibus vitam in egestate degere .	If he is freed from this unworthy suspicion, he says that he can give up all his property with equanimity. He begs and entreats you, O Chrysogonus, if he has converted no part of his father's most ample possessions to his own use; if he has defrauded you in no particular; if he has given up to you and paid over and weighed out to you all his possessions with the most scrupulous faith; if he has given up to you the very garment with which he was clothed, and the ring off his finger; if he has stripped himself bare of everything, and has excepted nothing—he entreats you, I say, that he may be allowed to pass his life in innocence and indigence, supported by the assistance of his friends.
157	praedia mea tu possides , ego aliena misericordia vivo ; concedo , et quod animus aequus est et quia necesse est . mea domus tibi patet , mihi clausa est ; fero . familia mea maxima tu uteris , ego servum habeo nullum ; patior et ferendum puto . quid vis amplius ? quid insequeris , quid oppugnas ? qua in re tuam voluntatem laedi a me putas ? ubi tuis commodis officio ? quid tibi obsto ? si spoliorum causa vis hominem occidere , spoliasti ; quid quaeris amplius ? si inimicitiarum , quae sunt tibi inimicitiae cum eo cuius ante praedia possedisti quam ipsum cognosti ? si metus , ab eone aliquid metuis quem vides ipsum ab se tam atrocem iniuriam propulsare non posse ? sin , quod bona quae Rosci fuerunt tua facta sunt , idcirco hunc illius filium studes perdere , nonne ostendis id te vereri quod praeter ceteros tu metuere non debeas ne quando liberis proscriptorum bona patria reddantur ?	“You are in possession of my farms,” says he; “I am living on the charity of others; I do not object to that, both because I have a calm mind, and because it is inevitable. My own house is open to you, and is closed against myself. I endure that. You are master of my numerous household; I have not one slave. I submit to that, and think it is to be borne.” What would you have more? What are you aiming at? Why are you attacking me now? In what point do you think your desires injured by me? In what point do I stand in the way of your advantage? In what do I hinder you? If you wish to slay the man for the sake of his spoils, you have despoiled him. What do you want more? If you want to slay him out of enmity, what enmity have you against him whose farms you took possession of before you knew himself? If you fear him, can you fear anything from him who you see is unable to ward off so atrocious an injury from himself? If, because the possessions which belonged to Roscius have become yours, on that account you seek to destroy his son, do you not show that you are afraid of that which you above all other men ought not to be afraid of; namely, that sometime or other their father's property may be restored to the children of proscribed persons?
158	facis iniuriam , Chrysogone , si maiorem spem emptionis tuae in huius exitio ponis quam in eis rebus quas Lucius Sulla gessit . quod si tibi causa nulla est cur hunc miserum tanta calamitate adfici velis , si tibi omnia sua praeter animam tradidit nec sibi quicquam paternum ne monumenti quidem causa reservavit , per deos immortalis ! quae ista tanta crudelitas est , quae tam fera immanisque natura ? quis umquam praedo fuit tam nefarius , quis pirata tam barbarus ut , cum integram praedam sine sanguine habere posset , cruenta spolia detrahere mallet ?	You do wrong, O Chrysogonus, if you place greater hope of being able to preserve your purchase, than in those exploits which Lucius Sulla has performed But if you have no cause for wishing this unhappy man to be afflicted with such a grievous calamity; if he has given up to you everything but his life, and has reserved to himself nothing of his paternal property, not even as a memorial of his father—then, in the name of the gods, what is the meaning of this cruelty, of this savage and inhuman disposition? What bandit was ever so wicked, what pirate was ever so barbarous, as to prefer stripping off his spoils from his victim stained with his blood, which he might possess his plunder unstained, without blood?
159	scis hunc nihil habere , nihil audere , nihil posse , nihil umquam contra rem tuam cogitasse , et tamen oppugnas eum quem neque metuere potes neque odisse debes nec quicquam iam habere reliqui vides quod ei detrahere possis . Nisi hoc indignum putas , quod vestitum sedere in iudicio vides quem tu e patrimonio tamquam e naufragio nudum expulisti . quasi vero nescias hunc et ali et vestiri a Caecilia Baliarici filia , Nepotis sorore , spectatissima femina , quae cum patrem clarissimum , amplissimos patruos , ornatissimum fratrem haberet , tamen , cum esset mulier , virtute perfecit ut , quanto honore ipsa ex illorum dignitate adficeretur , non minora illis ornamenta ex sua laude redderet .	You know that the man has nothing, dares do nothing, has no power, has never harboured a thought against your estate; and yet you attack him whom you cannot fear, and ought not to hate; and when you see he has nothing left which you can take away from him—unless you are indignant at this, that you see him sitting with his clothes on in this court whom you turned naked out of his patrimony, as if off a wreck; as if you did not know that be is both fed and clothed by Caecilia, the daughter of Balearicus, the sister of Nepos, a most incomparable woman, who, though she had a most illustrious father, most honourable uncles, a most accomplished brother, yet, though she was a woman, carried her virtue so far, as to confer on them no less honour by her character than she herself received from their dignity.
160	an , quod diligenter defenditur , id tibi indignum facinus videtur ? mihi crede , si pro patris huius hospitiis et gratia vellent omnes huic hospites adesse et auderent libere defendere , satis copiose defenderetur ; sin autem pro magnitudine iniuriae proque eo quod summa res publica in huius periculo temptatur haec omnes vindicarent , consistere me hercule vobis isto in loco non liceret . nunc ita defenditur , non sane ut moleste ferre adversarii debeant neque ut se potentia superari putent .	Does it appear to you a shameful thing that he is defended with earnestness? Believe me, if, in return for the hospitality and kindness of his father, all his hereditary friends were to choose to be present and dared to speak with freedom, he would be defended numerously enough; and if because of the greatness of the injury, and because the interests of the whole republic are imperilled by his danger, they all were to punish this conduct, you would not in truth be able to sit in that place. Now he is defended so that his adversaries ought not to be indignant at it, and ought not to think that they are surpassed in power.
161	quae domi gerenda sunt , ea per Caeciliam transiguntur , fori iudicique rationem Marcus Messala , ut videtis , iudices , suscepit ; qui , si iam satis aetatis ac roboris haberet , ipse pro Sex . Roscio diceret . quoniam ad dicendum impedimento est aetas et pudor qui ornat aetatem causam mihi tradidit quem sua causa cupere ac debere intellegebat , ipse adsiduitate , consilio , auctoritate , diligentia perfecit ut Sex . Rosci vita erepta de manibus sectorum sententiis iudicum permitteretur . nimirum , iudices , pro hac nobilitate pars maxima civitatis in armis fuit ; haec acta res est ut ei nobiles restituerentur in civitatem qui hoc facerent quod facere Messalam videtis , qui caput innocentis defenderent , qui iniuriae resisterent , qui quantum possent in salute alterius quam in exitio mallent ostendere ; quod si omnes qui eodem loco nati sunt facerent , et res publica ex illis et ipsi ex invidia minus laborarent .	What is done at home is done by means of Caecilia; the management of what takes place in the forum and court of justice, Messala, as you, O judges, see, has undertaken. And if he were of an age and strength equal to it, he would speak himself for Sextus Roscius. But since his age is an obstacle to his speaking, and also his modesty which sets off his age, he has entrusted the cause to me, who he knew was desirous of it for his sake, and who ought to be so, He himself, by his assiduity, by his wisdom, by his influence, and by his industry, has taken care that the life of Sextus Roscius, having been saved out of the bands of assassins, should be committed to the decisions of the judges. Of a truth, O judges, it was for this nobility that the greatest part of the city was in arms; this was all done that the nobles might be restored to the state, who would act as you see Messala acting; who would defend the life of an innocent man; who would resist injury; who would rather show what power they had in procuring the safety than the destruction of another. And if all who were born in the same rank did the same, the republic would be less harassed by them, and they themselves would be less harassed by envy.
162	verum si a Chrysogono , iudices , non impetramus ut pecunia nostra contentus sit , vitam ne petat , si ille adduci non potest ut , cum ademerit nobis omnia quae nostra erant propria , ne lucem quoque hanc quae communis est eripere cupiat , si non satis habet avaritiam suam pecunia explere , nisi etiam crudelitati sanguis praebitus sit , unum perfugium , iudices , una spes reliqua est Sex . Roscio eadem quae rei publicae , vestra pristina bonitas et misericordia . quae si manet , salvi etiam nunc esse possumus ; sin ea crudelitas quae hoc tempore in re publica versata est vestros quoque animos — id quod fieri profecto non potest — duriores acerbioresque reddit , actum est , iudices ; inter feras satius est aetatem degere quam in hac tanta immanitate versari .	But if, O judges, we cannot prevail with Chrysogonus to be content with our money, and not to aim at our life; if he cannot be induced, when he has taken from us everything which was our private property, not to wish to take away this light of life also which we have in common with all the world; if he does not consider it sufficient to glut his avarice with money, if he be not also dyed with blood cruelly shed—there is one refuge, O judges; there is one hope left to Sextus Roscius, the same which is left to the republic—your ancient kindness and mercy; and if that remain, we can even yet be saved. But if that cruelty which at present stalks abroad in the republic has made your dispositions also more harsh and cruel, (but that can never be the case,) then there is an end of everything, O judges; it is better to live among brute beasts than in such a savage state of things as this.
163	ad eamne rem vos reservati estis , ad eamne rem delecti ut eos condemnaretis quos sectores ac sicarii iugulare non potuissent ? solent hoc boni imperatores facere cum proelium committunt , ut in eo loco quo fugam hostium fore arbitrentur milites conlocent , in quos si qui ex acie fugerint de improviso incidant . nimirum similiter arbitrantur isti bonorum emptores vos hic , talis viros , sedere qui excipiatis eos qui de suis manibus effugerint . di prohibeant , iudices , ne hoc quod maiores consilium publicum vocari voluerunt praesidium sectorum existimetur !	Are you reserved for this? Are you chosen for this? to condemn those whom cut-throats and assassins have not been able to murder? Good generals are accustomed to do this when they engage in battle—to place soldiers in that spot where they think the enemy will retreat, and then if any escape from the battle they make an onset on them unexpectedly. I suppose in the same way those purchasers of property think that you, that such men as you, are sitting here to catch those who have escaped out of their hands. God forbid, O judges, that this which our ancestors thought fit to style the public council should now be considered a guard to brokers!
164	an vero , iudices , vos non intellegitis nihil aliud agi nisi ut proscriptorum liberi quavis ratione tollantur , et eius rei initium in vestro iure iurando atque in Sex . Rosci periculo quaeri ? Dubium est ad quem maleficium pertineat , cum videatis ex altera parte sectorem , inimicum , sicarium eundemque accusatorem hoc tempore , ex altera parte egentem , probatum suis filium , in quo non modo culpa nulla sed ne suspicio quidem potuit consistere ? numquid hic aliud videtis obstare Roscio nisi quod patris bona venierunt ?	Do not you perceive, O judges, that the sole object of all this is to get rid of the children of proscribed persons by any means; and that the first step to such a proceeding is sought for in your oaths and in the danger of Sextus Roscius? Is there any doubt to whom the guilt belongs, when you see on one side a broker, an enemy, an assassin, the same being also now our accuser, and on the other side a needy man, the son of the murdered man, highly thought of by his friends, on whom not only no crime but no suspicion even can be fixed? Do you see anything else whatever against Roscius except that his father's property has been sold?
165	quod si id vos suscipitis et eam ad rem operam vestram profitemini , si idcirco sedetis ut ad vos adducantur eorum liberi quorum bona venierunt , cavete , per deos immortalis ! iudices , ne nova et multo crudelior per vos proscriptio instaurata esse videatur . illam priorem quae facta est in eos qui arma capere potuerunt tamen senatus suscipere noluit , ne quid acrius quam more maiorum comparatum est publico consilio factum videretur , hanc vero quae ad eorum liberos atque ad infantium puerorum incunabula pertinet nisi hoc iudicio a vobis reicitis et aspernamini , videte , per deos immortalis ! quem in locum rem publicam perventuram putetis !	And if you also undertake that cause; if you offer your aid in that business; if you sit there in order that the children of those men whose goods have been sold may be brought before you; beware, in God's name, O judges, lest a new and much more cruel proscription shall seem to have been commenced by you. Though the former one was directed against those who could take arms, yet the Senate would not adopt it lest anything should appear to be done by the public authority more severe than had been established by the usages of our ancestors. And unless you by your sentence reject and spurn from yourselves this one which concerns their children and the cradles of their infant babes, consider, in God's name, O judges, to what a state you think the republic will arrive.
166	homines sapientes et ista auctoritate et potestate praeditos qua vos estis ex quibus rebus maxime res publica laborat , eis maxime mederi convenit . vestrum nemo est quin intellegat populum Romanum qui quondam in hostis lenissimus existimabatur hoc tempore domestica crudelitate laborare . hanc tollite ex civitate , iudices , hanc pati nolite diutius in hac re publica versari ; quae non modo id habet in se mali quod tot civis atrocissime sustulit verum etiam hominibus lenissimis ademit misericordiam consuetudine incommodorum . nam cum omnibus horis aliquid atrociter fieri videmus aut audimus , etiam qui natura mitissimi sumus adsiduitate molestiarum sensum omnem humanitatis ex animis amittimus .	It behoves wise men, and men endowed with the authority and power with which you are endowed, to remedy especially those evils by which the republic is especially injured. There is not one of you who does not understand that the Roman people, who used formerly to be thought extremely merciful towards its enemies, is at present suffering from cruelty exercised towards its fellow-citizens. Remove this disease out of the state, O judges! Do not allow it to remain any longer in the republic; having not only this evil in itself, that it has destroyed so many citizens in a most atrocious manner, but that through habituating them to sights of distress, it has even taken away clemency from the hearts of most merciful men. For when every hour we see or hear of something very cruel being done, even we who are by nature most merciful, through the constant repetition of miseries, lose from our minds every feeling of humanity.